Agenda packet — Tulare City Council, October 15, 2024 (part 1 of 2)

City of Tulare Page 1 of 4
City of Tulare
City Council
Meeting Agenda
Tulare Public Library & Council Chamber Tuesday, October 15, 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.

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, October 15, 2024
City of Tulare Page 2 of 4

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Joshua Mateine, Pastor of Unchained Church, to deliver an invocation.

3. PROCLAMATIONS & RECOGNITIONS

3.1 Proclamation for Fire Prevention Month, October 2024.

3.2 Proclamation for Support Your Local Chamber of Commerce Day, October 16, 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 meeting of October 1, 2024. [M. Hermann]

7.3 Easement Agreement with Uchita Management Company, LLC.

Recommended Action: Authorize the City Manager to execute an Easement Agreement with Uchita Management Company, LLC for storm drain conveyance and retention facilities related to Phases 1 thru 3 of the Cottonwood Estates subdivision. [M.

Miller]

7.4 Change Voluntary Benefit Provider from Chimienti to American Fidelity.

Recommended Action: Authorize the City Manager to execute a Service Exchange Agreement with American Fidelity enhancing access to better voluntary benefits for City City Council Meeting Agenda Tuesday, October 15, 2024
City of Tulare Page 3 of 4
employees subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [S. Oneal]

7.5 CLOCEA, Miscellaneous Mid-Manager, and Department Head Group Salary and Benefit Negotiated Changes.

7.6 Professional Services Agreement with Baker Tilly.

Recommended Action: Adopt a resolution approving the establishment of a professional services agreement with the firm Baker Tilly to prepare the City’s Consolidated Plan for fiscal years 2025-2029, an Analysis of Impediments to Fair Housing Choice, and other related reports; and authorize the City Manager or designee to execute the agreement between the City of Tulare and Baker Tilly, subject only to minor conforming or clarifying changes acceptable to the City Attorney and City Manager. [G. Avitia]

7.7 Notice of Completion - EN0091 Elliott Tract Improvements Project.

7.8 Notice of Completion - EN0092 Pratt-Mefford-Choice Tract Improvements Project.

7.9 Cardiac Monitor/Defibrillators and Chest Compression Machines Purchase.

Recommended Action: Approve the purchase of three LifePak15 cardiac monitor/defibrillators and four Lucas Automated Chest Compression Machines (ACCM) Systems in the amount of $295,991.33. [M. Ott]

7.10 Designating Intersections as All-Way Stop Intersections.

Recommended Action: Adopt a resolution designating the intersections of Kern Avenue at L Street and Kern Avenue at N Street as all-way stop intersections and authorizing the installation of corresponding stop control. [M. Miller] City Council Meeting Agenda Tuesday, October 15, 2024
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8. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by 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 Rotary Club Flagpole Donation.

8.2 Workers’ Compensation Carve Out Program.

8.3 Pilot Program for the Community Toolshed & Bye Bye Mattress.

9. FUTURE AGENDA ITEMS - NONE SUBMITTED

10. STAFF UPDATES

11. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, November 5, 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: Thursday, October 10, 2024 Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: October 15, 2024 Agenda Memo
Date: October 10, 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 - Joshua Mateine, Pastor of Unchained Church, to deliver an invocation.

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

3.1 Proclamation for Fire Prevention Month, October 2024.

3.2 Proclamation for Support Your Local Chamber of Commerce Day, October 16, 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: 7:30 p.m.]

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:30 p.m.] Tulare City Council Page 2 of 15
Agenda Memo - October 15, 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 meeting of October 1, 2024. [M. Hermann]

7.3 Easement Agreement with Uchita Management Company, LLC.

Miller]
Summary: As part of the development of Phase 3 of the Cottonwood Estates subdivision, the developer desires to relocate the existing temporary storm drain basin off-site onto adjacent property owned by Uchita Management Company, LLC. Uchita Management Company, LLC has agreed to enter into the attached Easement Agreement with the City, which provides for the placement of storm drain conveyance and retention facilities on their property subject to the terms of the attached agreement.

Relocation of the storm drain retention basin offsite of the Cottonwood Estates subdivision will allow for development of the entirety of Phase 3 lots and will facilitate the installation of City Storm Dain Master Plan lines that will ultimately convey drainage into a permanent, regional retention basin.

Fiscal Impact & Funding Source(s): The City will be responsible for routine maintenance of the storm drain facilities that will be installed as a result of the subject agreement. The funding source would be Fund 067 – Surface Water Operations.

Legal Review: The City Attorney assisted in the preparation of the proposed Easement Agreement.

Alternative Action: 1) Approve with changes - Changes made to the easement agreement would require a new submittal from the applicant and review by staff.

Changes would be brought to a later Council meeting for acceptance.; 2) Deny - Denial of the easement request would not allow the developer of Phase 3 of the Cottonwood Estates subdivision to relocate the temporary retention basin offsite, resulting in a significant loss of developable lots for their project; or 3) Table - Tabling the easement agreement would delay the Developer’s ability to proceed with Phase 3 of the Cottonwood Estates subdivision in a timely manner.

7.4 Change Voluntary Benefit Provider from Chimienti to American Fidelity.

Recommended Action: Authorize the City Manager to execute a Service Exchange Agreement with American Fidelity enhancing access to better voluntary benefits for City Tulare City Council Page 3 of 15
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employees subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [S. Oneal]
Summary: The City of Tulare offers employees the option to purchase voluntary insurance policies through Chimienti who has been the City’s provider since approximately 2003. Some of these optional policies include Life Insurance, Accident Insurance, Cancer Insurance, and Flexible Spending Accounts (FSA’s).

There have been some complaints regarding Chimientis’ customer services and cumbersome processes. Some of these issues include a lack of education/promotional material about benefits, reduced engagement/lack of site visits to engage with the employees, no digitized methods to perform account audits, recently commenced charging $3 per employee, per month resulting in a $500 per month new fee, need to access several different provider websites to issue out payments, and lack of ability to secure a life insurance with long term plan with failure to timely communicate this issue with impacted employees.

The City met with representatives from American Fidelity regarding their voluntarily benefit program after learning about some of their offerings including free FSA, streamlined processing, and increased participation with employees. American Fidelity recently submitted the attached proposal for the City’s consideration. An analysis of the proposal was conducted, and staff found:
• Rates are competitive with current policies.
• Booklets highlighting all available plans for purchase were provided. • No FSA charge for FSA accounts resulting in an approximate $6,000 annual savings.
• Non-funded FSA balances are covered. Potential for savings. • Automated billing reconciliation. Staff time savings of a couple of days. • A benefit and claim mobile app. Staff time savings and increased satisfaction with ease of use for employees.
• Linked accounts for automatic deposits for policy payouts. • Access to Account Manager/Expert on policies.

As indicated in the proposal, no fee is charged directly to the City for American Fidelity’s services. Therefore, no formal Request for Proposal process is necessary under procurement procedures. Some of the things to be mindful of if we were to switch vendors:
• Employees with current policies maybe concerned if they are transferrable to American Fidelity.
• Employees who have vested plan may be particularly hesitant to the Whole Life Insurance (4 employees) and Universal Life Policy holders; (121 employees and dependents combined).

Chimienti has advised that there are portable options available that the City would need to communicate to the employees to connect with Chimienti to secure this benefit long term on their own. American Fidelity would waive their preexisting conditions exclusions for employees who are currently enrolled in a similar plan with Chimienti assuming they Tulare City Council Page 4 of 15
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elect the plan at the time of the switch. Both options would help to reduce the minimal frustrations that may occur when switching providers.

City staff is recommending the change for the following reasons:
• Increased Employee Satisfaction:
o Ability to view policies/submit claims on apps.
o Tailored customer service (in person site visits, video platforms and apps). o No middleman – direct access to policies.
• Work reduction:
o Automated auditing capabilities.
o Less phone calls for questions & claims management difficulties. • Cost savings:
o FSA Fee savings of approximately $6k per year.
o FSA Risk Reduction. Total amount elected to be funded this year is $229,630. As of August 2024, the net balance of those who left the City with/without a balance is a positive #. However, it could be an area of potential cost savings depending on the year.

Fiscal Impact & Funding Source(s): There is no fee exchanged between the City and American Fidelity. There is a cost savings to the employees of approximately $6,000 per year for elimination of FSA fees that were originally paid for by the City.

Legal Review: This item does not require legal review.

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

7.5 CLOCEA, Miscellaneous Mid-Manager, and Department Head Group Salary and Benefit Negotiated Changes.

Recommended Action: Adopt a Memorandum of Understanding (MOU) with California League of California Employees Association (CLOCEA) for the period beginning July 1, 2024 to June 30, 2027; and authorize salary changes by approving the amended salary schedule for CLOCEA, Miscellaneous Mid-Manager Group, and Department Head Group. [S. Oneal]
Summary: The City has conducted a total compensation study and has met with representatives of CLOCEA, the Miscellaneous Mid-Manager’s Group and Department Head Group to review, discuss and agree upon the changes in salary for classifications that fall within these groups. CLOCEA and Miscellaneous Mid-Manager’s group agreement is for a 3-year period (7/13/2024-6/30/2027) and Department Heads for a 1- year term (7/13/2024-6/30/2025). Further terms for each of these groups will be more fully explained below.

A benchmarking approach was utilized in surveying approximately 50 positions in these three groups. A blended approach was utilized in determining the appropriate salary adjustment for the classifications with every classification receiving a COLA of 3% per year. In addition to the 3% COLA the majority of classifications received salary Tulare City Council Page 5 of 15
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adjustments based on the survey results ranging from 3%-12% salary increases. Those adjustments are summarized in the updated salary schedule attachment.

A comprehensive review of the CLOCEA Memorandum of Understanding (MOU) was also conducted to update some benefits to match recent State law changes. Additional language changes were completed for clarification purposes. Lastly, a couple of new programs were initiated in this MOU to increase employee retention and better operational efficiencies. The redlined version of the MOU is attached hereto. Some other benefits changes include the following:
• Deferred Compensation – Contribution not to exceed $50 per pay period in Year

3. • 8 Hours of holiday comp time for employees working 10- or 12-hour shifts. • Boot Allowance increase to $250 per year ($50 increase). • Certified Training Officer pay for dispatch trainers.

In addition to the salary increases for the Miscellaneous Mid-Manager group, the following items were also agreed upon:

1. Compensation Increase: A total compensation increase of 15.5% over three years, with a 5.5% increase in the first year (retroactive to July 1, 2024), a 5% increase in the second year, and a 5% increase in the third year.

2. 457 Tax-Advantaged Retirement Savings Plan: Effective July 1, 2026, a 457 plan will be introduced, including an employer match of up to $50 per pay period.

3. Management Leave Buyback: An annual buyback option of up to 32 hours of Management Leave per fiscal year. The annual buyback option of up to 32 hours will only be allowed at the end of the FY and will be automatically processed on the first paycheck in July.

4. Vacation Leave Buyback: Management commits to fully analyzing and revising all leave accrual options in calendar year 2025.

5. Uniform and Boot Allowance: For employees required to wear uniforms or boots, an allowance will be provided at the same rates stipulated in the finalized CLOCEA MOU.

Fiscal Impact & Funding Source(s): $3,750,000 for 3 years across all funding sources, including Enterprise Funds. An additional appropriation from the General Fund will be needed to fund this year’s salary increases because they were more than what was originally anticipated in the adopted budget. This appropriation will be addressed through the mid-year budget update.

Legal Review: This item was reviewed by the City Attorney.

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

7.6 Professional Services Agreement with Baker Tilly.

Recommended Action: Adopt a resolution approving the establishment of a professional services agreement with the firm Baker Tilly to prepare the City’s Consolidated Plan for fiscal years 2025-2029, an Analysis of Impediments to Fair Tulare City Council Page 6 of 15
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Housing Choice, and other related reports; and authorize the City Manager or designee to execute the agreement between the City of Tulare and Baker Tilly, subject only to minor conforming or clarifying changes acceptable to the City Attorney and City Manager. [G. Avitia]
Summary: The City of Tulare (City) is required by the U.S. Department of Housing and Urban Development (HUD) to develop a Five-Year Consolidated Plan that outlines the City’s community development priorities and goals, which includes an assessment of socioeconomic, housing, and other local needs. A Consolidated Plan guides the yearly allocation of Community Development Block Grant Program funds and may also inform the deployment of other state and/or federal grant funds through the HOME Investment Partnerships, Cal Home, and other programs. Additionally, the City will utilize this period of time and work with a consultant to update the underlying data and related strategies of an Analysis of Impediments to Fair Housing Choice (AI). This AI document is necessary to identify potential barriers to fair housing access among members of the local community and outline actions to address these issues.

To comply with the federal HUD requirements and establish overarching goals and objectives for activities during the Fiscal Years (FY) 2025-2029, the City began with a formal Request for Proposals (RFP) process this summer. An RFP was advertised to private firms through regional listservs found via the American Planning Association website. A total of six firms responded to the RFP with proposals on how they would prepare the Five-Year Consolidated Plan, AI, and/or related reports.

Staff evaluated all six proposals based on several criteria, including an assessment of directly related experience, qualifications of the project team, public outreach methodology and outcomes, and a project’s budget. Baker Tilly received the highest score among all applicants, demonstrating their extensive experience in preparing similar plans for other municipalities (including one within Tulare County) and strong understanding of HUD requirements. Additionally, Baker Tilly proposed reasonable pricing for the services to be provided, making their project plan both cost-effective and comprehensive.

It is staff’s recommendation to proceed with Baker Tilly as the selected contractor for this project.

Fiscal Impact & Funding Source(s): A proposed fee service of $70,000, which will involve payment through the City’s Community Development Block Grant Funding for Fiscal Year 2024 (Fund 077) and Planning Professional Services Fund (008-4610- 2017).

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny: Reject the proposed resolution and re-administer a RFP. This will delay submission of Five-Year Consolidated Plan and AI and may place the City out of compliance with the U.S. Department of Housing and Urban Development; or 3) Table: Reschedule consideration of this item to a future City Council meeting. This will delay submission of Five-Year Consolidated Plan and AI Tulare City Council Page 7 of 15
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and may place the City out of compliance with the U.S. Department of Housing and Urban Development.

7.7 Notice of Completion - EN0091 Elliott Tract Improvements Project.

Recommended Action: Accept as complete the contract with Dawson-Mauldin, LLC. of Selma, CA for work on Project EN0091 - Elliott Tract Improvements, a street and utility improvement project on Los Angeles Street and Santa Clara Street between Bardsley Avenue and Inyo Avenue; authorize the City Engineer to sign the Notice of Completion; and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller]
Summary: This Capital Improvement Project EN0091 addressed pavement, utility infrastructure, and ADA sidewalk improvements on Los Angeles St., Santa Clara St., Owens Ave., and Elm Ave., Bardsley Avenue and Inyo Avenue. The project brought substandard and deteriorated water, sewer, and surface water infrastructure up to current standards. This project was included in the approved 2019-2024 Capital Program budget.

On May 4, 2021, the City Council awarded a contract to Dawson-Mauldin, LLC. of Selma, CA in the amount of $4,136,815.00.

Fiscal Impact & Funding Source(s): The project was funded through a combination of Gas Tax, Measure R, Water, Sewer and Surface Water funds.

A summary of contract costs is as follows:

Approved Contract Amount: $ 4,136,815.00
Bid Item Quantity Adjustments & Reductions $ -30,543.50 (-0.738%) Contract Change Orders – Various: $ 46,858.44 (1.13%)
Total Construction Contract Cost: $ 4,153,129.94
Additional work consisted of changes made by the Streets, Water and Sewer Departments due to unforeseen and differing field conditions, replacement of additional damaged curb and gutter, aesthetic improvements to the ADA curb ramps, and other various bid item quantity adjustments. Deducts were taken due to alternative materials that were used but not specified in the original contract. It was found to be in the best interest of the City to allow the use of alternative materials in place of the materials specified in the contract at a reduced cost to the City.

All work required of Dawson-Mauldin, LLC. under this contract has been completed in accordance with the approved plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount.

EN0091-050-0601
022 – Gas tax (HUTA)
122 – Gas Tax (RMRA)
643 – Franchise Fee (Solid Waste)
610 – Water CIP (Bonds)
615 – Sewer Wastewater CIP
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Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny - Should Council deny the request to accept as complete the contract with Dawson-Mauldin LLC at this time will prevent the City from releasing payment of the retention amount owed $209,020.18 to the Contractor and prevent the City from filing a notice of completion with the County.

Thus, postponing the start of the 1-year maintenance bond on the project. Without specific written findings of the justifications of delaying payment could open the City up to litigation for damages caused by dely; or 3) Table - The postponement of filing the notice of completion after final acceptance of the project requirements, may result in the City owing the Contractor interest on monies withheld. Postponement of notice of completion ties up the Contractors bonding capacity preventing them from bidding on alternate projects. Without specific written findings of the justifications of delaying payment could open the City up to litigation for damages caused by dely.

7.8 Notice of Completion - EN0092 Pratt-Mefford-Choice Tract Improvements Project.

Recommended Action: Accept as complete the contract with Dawson-Mauldin, LLC. of Selma, CA for work on Project EN0092 - Pratt-Mefford-Choice Tract Improvements, a street and utility improvement project on Pratt Street between Inyo Avenue and Bardsley Avenue; authorize the City Engineer to sign the Notice of Completion; and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller]
Summary: This Capital Improvement Project EN0092 addressed pavement, utility infrastructure, and ADA sidewalk improvements on Pratt Street between Inyo Avenue and Bardsley Avenue. The project brought substandard and deteriorated water, sewer, and surface water infrastructure up to current standards. This project was included in the approved 2019-2024 Capital Program budget.

On December 7, 2021, the City Council awarded a contract to Dawson-Mauldin, LLC. of Selma, CA in the amount of $6,782,277.60.

Fiscal Impact & Funding Source(s): The project was funded through a combination of RDA, Water, Sewer, Surface Water, and CDBG funds.

A summary of contract costs is as follows:

Approved Contract Amount: $ 6,782,289.60
Bid Item Quantity Adjustments & Reductions $ 177,510.70 (2.62%) Contract Change Orders – Various: $ 50,399.25 (.74%)
Total Construction Contract Cost: $ 7,010,199.55
Additional work consisted of changes made by the Streets, Water and Sewer Departments due to unforeseen and differing field conditions, replacement of additional damaged curb and gutter, aesthetic improvements to the ADA curb ramps, and other various bid item quantity adjustments. Deducts were taken due to alternative materials that were used but not specified in the original contract. It was found to be in the best interest of the City to allow the use of alternative materials in place of the materials specified in the contract at a reduced cost to the City.

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All work required of Dawson-Mauldin, LLC. under this contract has been completed in accordance with the approved plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount.

EN0092-050-0601
021 – Measure R
022 – Gas Tax
077 – CDBG
122 – RMRA
610 – Water CIP Fund
615 – Sewer/Wastewater CIP Fund
643 – Streets CIP Fund
647 – Strom Water CIP Fund
Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny - Should Council deny the request to accept as complete the contract with Dawson-Mauldin LLC at this time will prevent the City from releasing payment of the retention amount owed $350,509.98 to the Contractor and prevent the City from filing a notice of completion with the County.

7.9 Cardiac Monitor/Defibrillators and Chest Compression Machines Purchase.

Recommended Action: Approve the purchase of three LifePak15 cardiac monitor/defibrillators and four Lucas Automated Chest Compression Machines (ACCM) Systems in the amount of $295,991.33. [M. Ott]
Summary: The City of Tulare applied for a FEMA Assistance to Firefighter Grant (AFG) for three LifePak15 cardiac monitor/defibrillators and four Lucas ACCM Systems in the amount of $296,700. The City has appropriated $296,700 for this expenditure in FY 24/25 budget under the premise of a reimbursement from FEMA. FEMA has denied the grant application, and the City will not be receiving reimbursement for the purchase of this equipment.

These critical life savings devices are used daily to read heart rhythms and provide electrical shock as needed to help a patient’s heart get back into a sustainable life rhythm. Additionally, the Lucas ACCM systems will help provide a mechanical means to assist during cardiopulmonary resuscitation. These devices greatly assist the Tulare City Council Page 10 of 15
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firefighting crews with an extra set of hands so that those responders can focus on other life saving interventions, which can increase survivability.

Staff is requesting to utilize the appropriations in the amount of $296,700 under 001- 4230-5701 to execute the balance of this purchase.

Fiscal Impact & Funding Source(s): Funds are appropriated and available in the above-mentioned expenditure accounts, but there will be no offsetting revenue from the FEMA grant to reimburse the City for this expenditure.

Legal Review: This item does not require legal review.

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

7.10 Designating Intersections as All-Way Stop Intersections.

Recommended Action: Adopt a resolution designating the intersections of Kern Avenue at L Street and Kern Avenue at N Street as all-way stop intersections and authorizing the installation of corresponding stop control. [M. Miller] Summary: City CIP Project PK0033 – Zumwalt Park Renovation is nearing completion.

City staff recently completed an inventory of public parking facilities in the vicinity of the park that are anticipated to be utilized by those attending regularly scheduled events at the Adventist Health Amphitheater at Zumwalt Park. Much of the available parking identified was located west of L Street, or east of N Street. When considering the increased pedestrian activity that will occur between these parking areas and Zumwalt Park, staff noted that a significant number of pedestrians are expected to pass through the Kern Avenue intersections of L Street and N Street in an eastbound and westbound direction. Currently, these intersections have stop control for eastbound and westbound traffic on Kern Avenue, but not for the northbound and southbound traffic that would conflict with these pedestrian movements. The increased conflict between pedestrian and vehicular movements, combined with the likelihood of nighttime conditions associated with the conclusion of events at the venue, prompted staff to review guidance contained in the California Manual of Uniform Traffic Control Devices regarding intersection stop control. The guidance provided therein recommended that engineering judgment should be used to establish intersection control, with consideration to be given to vehicular, bicycle, and pedestrian traffic volumes on all approaches and the controlling of traffic that conflicts the most with pedestrian crossing activity.

Based upon this guidance, and the anticipated change in pedestrian traffic patterns that will be generated by the Zumwalt Park renovations, staff is recommending that Council adopt a resolution designating the intersections of Kern Avenue at L Street and Kern Avenue at N Street as all-way stop intersections.

Fiscal Impact & Funding Source(s): Funding is budgeted to cover the estimated $1,500 expense through the Street Department’s Maintenance Materials account.

Legal Review: The City Attorney has reviewed the proposed resolution.

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Alternative Action: 1) Approve with changes - Staff would revise the proposed resolution as needed to reflect Council direction; 2) Deny - Existing stop control designations at the subject intersections would remain unchanged; or 3) Table - Delay in adopting the proposed resolution would result in one or more special events taking place at Zumwalt Park under existing stop control conditions at the subject intersections.

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: 7:45 p.m.]

8.1 Rotary Club Flagpole Donation.

Recommended Action: Accept a $10,000 donation from the Tulare Rotary Club to assist with the costs associated with the installation of flag poles as part of City Project PK0033 – Zumwalt Park Renovation. [M. Miller]
Summary: Tulare Rotary Club approached the City and offered a donation to help fund the two new flagpoles that will be installed at Zumwalt Park. The new flagpoles will be located along the east side of the amphitheater seating area and will face the crowd.

They will stand thirty feet tall and be constructed of steel with a satin finish. The flagpoles will also feature embedded LED up lighting to showcase the flags in nighttime settings.

Fiscal Impact & Funding Source(s): The donations received from Tulare Rotary Club will be used to offset project construction costs, which include the installation of the flagpoles and LED up lighting fixtures.

Legal Review: This item does not require legal review.

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

8.2 Workers’ Compensation Carve Out Program.

Recommended Action: Adopt a resolution approving the Labor Management Workers’ Compensation Alternative Dispute Resolution (ADR) Agreement between the City of Tulare (City) and the Tulare Professional Firefighters Association Non-Management and Management Group (TPFA). [S. Oneal]
Summary: The City of Tulare, like most cities in California, follows the State of California workers’ compensation statutory requirements when an employee is injured while at work. Over the years, these requirements have become difficult to manage, extending the time for an employee to receive treatment for an injury and resolve medical disputes. This has created frustrations for the injured employee, the employees that are required to cover the injured employee’s responsibilities while he or she is off work, and management.

Under the California Labor Code, employers and recognized bargaining units may negotiate and enter into agreements to create an alternative dispute resolution (ADR) process for workers’ compensation matters. Dispute resolution processes contained in the negotiated agreement supersede the California workers’ compensation system processes for employees covered by the agreement.

Tulare City Council Page 12 of 15
Agenda Memo - October 15, 2024
The Workers’ Compensation ADR program allows the City and represented employees to work together to create a “carve-out” of the State’s system that provides employees with a fast-track system to resolve workers’ compensation cases and return an employee to work as efficiently as possible. This program sets up a Joint Labor Management Committee that works together to define a list of medical treatment providers, medical evaluators, a return-to-work program, mediation, and an agreed to list of vocational rehabilitation vendors.

City staff approached the bargaining groups with the idea of negotiating a Workers’ Compensation ADR Agreement. Both the City and members of the bargaining units were familiar with the existing workers’ compensation system provided by the State of California and believed an agreement that would be beneficial to all parties could be negotiated. The associations petitioned the State for permission to negotiate a Workers’ Compensation ADR Agreement and that permission was granted.

The Third-Party Administrator to the ADR Program will be Acclamation Insurance Management
Services (AIMS) who is our current Workers’ Compensation administrator. With assistance from AIMS, and an attorney that usually represents employees in workers’ compensation matters, an agreement was negotiated that includes the following provisions:
• All workers’ compensation claims filed by bargaining group members after the ADR Agreement is approved will be covered by the agreement. • Any claims filed by bargaining group members prior to the approval of the ADR agreement may petition to be included under the ADR agreement. • A Joint Labor Management Committee (JLMC) will be created consisting of members of City staff and the bargaining groups to administer the program and review claims data to ensure that continuance of the program is in the best interests of the parties.
• A list of preferred specialists for referral will be approved and maintained by the JLMC. Additionally, the City’s third-party administrator will be given approving authority for any specialists not on the list approved by the JLMC. • A list of Independent Medical Examiners (IME’s) will be approved and maintained by the JLMC. The IME’s will be utilized for resolution of medical disputes such as causation, permanent disability, apportionment and permanent work restrictions. The IME’s have entered into agreements with the risk management authority to provide for expedited appointments and expedited reporting timelines over the existing State processes. • A list of qualified mediators will be approved and maintained by the JLMC.

The mediators will have the authority to approve settlement agreements.

Mediation will be available to both legally represented and non-represented employees.
• A list of nurse case managers will be approved and maintained by the JLMC to assist in facilitating medical treatment.

Tulare City Council Page 13 of 15
Agenda Memo - October 15, 2024
To determine the effectiveness of the program, the JLMC will annually review comparative data between pre and post ADR Agreement implementation claims, to include:
• Total number of claims reported by bargaining group members per fiscal year • Whether a Qualified Medical Examiner (QME)/Agreed Medical Examiner (AME) was utilized (pre implementation claims)
o Reason for the medical dispute
o Timeline from QME/AME panel request to appointment date o Timeline from appointment date to report received date o Report completeness/was a supplement required
o Permanent disability percentage by type of injury
• Whether an Independent Medical Examiner (IME) was utilized (post implementation claims)
o Reason for the medical dispute
o Timeline from dispute identification to appointment date o Timeline from appointment date to report received date o Report completeness/was a supplement required
o Permanent disability percentage by type of injury
• Percent of claims litigated pre/post implementation
• Length of time to Permanent & Stationary/Maximum Medical Improvement date from injury date (pre/post implementation)
• Length of time to final settlement approval from injury date (pre/post implementation)
• Delayed claims (pre/post implementation)
o Reason for the delay
o Length of time accept/deny decision date from injury date o Claim resolution
The City of Tulare has had several meetings with TPFA. In order to participate in the ADR Program, the Bargaining Units must file a Petition for Permission to Negotiate a Labor-Management Agreement for Workers Compensation. This has already been filed with the Department of Labor. The TPFA Bargaining Unit is the only bargaining unit that has also ratified the Agreement with their members. The next step is for Council to approve the Agreement. It will then be forwarded to the Department of Labor and, once approved, the City of can begin the ADR Program.

Fiscal Impact & Funding Source(s): The intent of the Labor Management Workers’ Compensation ADR Agreement is to improve and expedite existing processes in the State workers’ compensation system to the extent feasible under the Labor Code. The proposed program is expected to reduce the City’s exposure to temporary disability payments, Labor Code 4850 salary replacement benefits, time spent in light/modified duty assignments, and legal costs.

At this time, staff believes this program will have a minimal fiscal impact to the City. This is because with the ADR program, an injured employee would be receiving the same treatment as he or she would have with the current state program, only more Tulare City Council Page 14 of 15
Agenda Memo - October 15, 2024
expeditiously. Any financial savings to the City would most likely be a result of reduced over-time and it is difficult to calculate what is attributed to the benefits of this program.

Legal Review: This item was reviewed by the City Attorney’s Office.

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

8.3 Pilot Program for the Community Toolshed & Bye Bye Mattress.

Recommended Action: Approve a 1-year pilot program for the Community Tool Shed and Bye Bye Mattress, to be run and operated by the Community Maintenance team of the Office of Safety, Compliance and Facilities. [T. Connelley] Summary: The Community Tool Shed is a program that was created by the Code Enforcement team in San Antonio, Texas, providing a collection of hand and gas/battery powered tools at no cost to the residents of San Antonio to clean and improve their properties. The Office of Safety, Compliance and Facilities would like to mimic their program, offering the same types of battery powered tools at no cost to the citizens of Tulare. From July of 2023 to September of 2024, Code Enforcement had 255 cases for overgrown/unmaintained trees, shrubs, lawns, or other landscaping. Providing yard tools at no cost to citizens could assist in lessening the number of these cases for Code Enforcement.

Additionally, the Office of Safety, Compliance and Facilities would like to enter into a 1- year agreement with the Mattress Recycling Council (MRC) for Bye Bye Mattress. Bye Bye Mattress is a program that offers the citizens of Tulare a place to drop off their used mattresses, boxed springs, and futons at no cost to them, providing a remedy to the many illegally dumped mattresses throughout Tulare. In return, the City of Tulare would receive payment of up to $15 per unit collected from the MRC. Currently, the Community Maintenance team with the Office of Safety, Compliance and Facilities picks up approximately 40 illegally dumped mattresses/boxed springs per month on average and must transport these items to the landfill in Visalia, as it is the only local landfill that accepts mattresses and boxed springs. This calculates out to roughly 10-15 hours/ month in manhours for 2 employees, taking them away from other important tasks and responsibilities.

Fiscal Impact & Funding Source(s): It is the intent of the Office of Safety, Compliance and Facilities to apply for a grant from Walmart that would provide funding for the Community Tool Shed. Should the City not be awarded the grant, $5,000 for the first year would be the fiscal impact, providing enough funds to purchase at least 3 of each tool needed, which would come from the Office of Safety, Compliance and Facilities budget.

The Mattress Recycling Council (MRC) offers up to $10,000 per year of grant type funding for necessary equipment and infrastructure improvements to increase the recycling of discarded mattresses and box springs. There would be no fiscal impact for the Bye Bye Mattress program.

Legal Review: The city attorney has reviewed and approved both programs.

Tulare City Council Page 15 of 15
Agenda Memo - October 15, 2024
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. Not approving the pilot program for the Community Tool Shed and Bye Bye Mattress deprives the community of free resources needed to address the issues of unmaintained/overgrown properties and a more local place to discard of their used mattresses, boxed springs, and futons. Providing these resources would alleviate stress on the citizens who may not have the financial means to acquire needed equipment to maintain their properties and/or have the ability to transport their used mattresses, boxed springs, and futons to the landfill in Visalia.

Without these resources the city will continue to see a high number of cases in overgrown/unmaintained properties and a high number of cases in illegal dumping of mattresses, boxed springs, and futons.

9. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 8:30 p.m.]

10. STAFF UPDATES [Time Estimate: 8:30 p.m.]

11. ADJOURNMENT [Time Estimate: 8:35 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, November 5, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare. a
WHEREAS, the City of Tulare is committed to ensuring the safety and security of all those living in and visiting our community; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,700 people in the United States in2022, according to the National Fire Protection Association@ (NFPA@), and fire departments in the United States responded to 360,000 home fires; and
WHEREAS, working smoke alarms cut the risk of dying in reported home flres almost in half and roughly three out of five fire deaths happen in homes with either no smoke alarms or with no working smoke alarms; and
WHEREAS, City of Tulare residents should install smoke alarms in every sleeping room, outside each separate sleeping area, and on every level of the home and ensure their smoke alarms meet the needs of all their family members, including those with sensory or physical disabilities; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and " WHEREAS, City of Tulare first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, City of Tulare residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes.

NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim October 2024 as
Fire Prevention Month
in the City of Tulare and urge all Tulare residents to ensure their homes have working smoke alarms and to support the many public safety activities and efforts of the City of Tulare Fire Department.

Dated this 15th day of October 2024. a J*
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ls Mayor
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Stephen
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G. Harrell, Gouncilmember
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Dennis A. Mederos, Councilmember
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WHEREAS, chambers of commerce across America and the world strive to address the community's top challenges and greatest opportunities through bold leadership and innovative problemsolving; and WHEREAS, chambers of commerce foster stronger, more vibrant communities by advocating for priorities to promote economic prosperity, boost quality of life and create access to meaningful employment and opportunity for all residents; and
WHEREAS, chambers of commerce are champions of communities, serving as a trusted resource for businesses, residents, and other stakeholders; and WHEREAS, chambers of commerce create catalytic community partnerships to build resilient economies and promote community-wide prosperity; and
WHEREAS, the Tulare Chamber of Commerce is in its 140th year currently representing 600 members in the greater Tulare area with over 1 1,000 employees within those businesses; and WHEREAS, the Tulare Chamber of Commerce has made significant contributions to the local community by delivering innovative programming of economic and workforce development, youth and adult leadership, tourism and community promotion, and meaningful event execution; and WHEREAS, the Tulare Chamber of Commerce is a recognized state leader in governmental affairs through its work to advocate for local businesses.

NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim October 16, 2024 as
Support Your Local Ghamber of Gommerce Day
in the City of Tulare and encourage Tulare residents to learn more about the Tulare Chamber of Commerce, its impact, its support of local businesses, and its role as the champion for a thriving community and economy.

Dated this 1Sth day of October 2024 a J*.-
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lshenarood Mayor
J6be Sigala!/Gou
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Dennis A. Mederos, Gouncilmember
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, October 1, 2024
6:00 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; City Engineer Michael Miller; Public Works Director Trisha Whitfield; 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; Safety, Compliance & Facilities Officer Manny Correa

1. CALL TO ORDER
Mayor Sayre called to order the special meeting of the Tulare City Council at 6:05 p.m. in the Council Chamber located at 491 North M Street.

2. PUBLIC COMMENT PERTAINING TO CLOSED SESSION ITEMS

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

3.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): 1 case
Council recessed to closed session at 6:06 p.m.

4. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 7:20 p.m.

5. CLOSED SESSION REPORT
Mayor Sayre advised there was no reportable action.

6. ADJOURNMENT
Mayor Sayre adjourned the special meeting at 7:20 p.m.

Item #: 7.2
Consent
City Council Meeting Minutes Tuesday, October 1, 2024
City of Tulare Page 2 of 6

7. CALL TO ORDER
Mayor Sayre called to order the regular meeting of the City Council at 7:20 p.m. in the Council Chamber located at 491 North M Street.

8. PLEDGE OF ALLEGIANCE AND INVOCATION
Vice Mayor Isherwood led the Pledge of Allegiance, and an invocation was given by Brian Bell, Bishop of The Church of Jesus Christ of Latter-day Saints.

9. PUBLIC COMMENT
Kenia Lopez addressed the Council regarding access control from Mooney Boulevard into neighborhood concerned with individuals accessing the neighborhood and entering private property.

Pat Hillman addressed the Council regarding the upcoming event to celebrate 150 years for Tulare Congregational Church.

Larry and Sandra Mendez and Brian and Yuliana Galvan addressed the Council regarding two separate incidents that occurred within the last six months that involved vehicles crashing into their backyard fence from Cross Avenue causing damage. They expressed concern over their safety urging action be taken to help mitigate the risk of future property damage.

Tyler Gilmore and Craig Yancy addressed the Council regarding the Tulare Animal Shelter, voicing concern over the lack of staffing and the overcrowding of dogs.

10. PRESENTATIONS

10.1 Adventist Health. Jason Wells and Timothy Haydoc provided a presentation regarding services being provided to the community by Adventist Health.

10.2 Tulare Workforce Investment Board. Adam Peck provided an update on the labor market and educational attainment in Tulare County.

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

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

13. CONSENT CALENDAR
A citizen requested that item 13.6 be removed to provide comment. Items 13.5, 13.6, and

13.7 were removed from the Consent Calendar by Council.

It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the items on the Consent Calendar as presented except for items 13.5, 13.6, and 13.7.

City Council Meeting Minutes Tuesday, October 1, 2024
City of Tulare Page 3 of 6

13.1 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.

13.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of September 17, 2024. [M. Hermann]

13.3 CalRecycle Grants Resolution.

Recommended Action: Approve and adopt a resolution authorizing submittal of grant applications for five years to CalRecycle. [T. Whitfield]

13.4 Caltrans Right-of-Way Relinquishment.

Recommended Action: Authorize the City Manager to provide a letter to Caltrans indicating the City’s intention to accept the relinquishment of State right-of-way on San Joaquin Avenue immediately west of the Highway 99 southbound ramps and on Sierra Avenue immediately east of the Highway 99 northbound ramps, and to waive the ninety (90) days’ notice of “Intention to Relinquish” requirement contained in Section 73 of the Streets and Highway Code. [M. Miller]

ITEM(S) PULLED FROM CONSENT CALENDAR

13.5 Purchase of Five 2024 Ford Police Interceptors.

Recommended Action: Award the purchase of five new/unused 2024 Ford Police Interceptors to Dana Safety Supply, Inc., of Fresno, CA, in the amount of $263,721.85, which includes all fees, tax, and shipping. [T. Whitfield] Council Action: Councilmember Mederos pulled this item for clarification regarding the issues surrounding the purchasing process for vehicles. Public Works Director Trisha Whitfield provided a response thereto. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

13.6 Acceptance of FEMA SAFER Grant.

Recommended Action: Accept the 2023 FEMA Staffing for Adequate Fire and Emergency Response (SAFER) grant totaling $4,658,468. [M. Ott] Council Action: Brandon West, a captain at the Fire Department, requested this item be pulled to provide comment. Mr. West expressed his appreciation to the Council and City management for supporting the grant. Councilmember Mederos requested this item be pulled for clarification regarding plans to fund these positions after the three years. Councilmember Sigala shared the same concern.

Fire Chief Michael Ott and City Manager Marc Mondell provided comment thereto.

Items 13.6 and 13.7 were discussed and voted on together. It was moved by Mayor Sayre, seconded by Councilmember Harrell, and unanimously carried to approve the items 13.6 and 13.7 as presented.

13.7 Amend the City’s Non-Utility Position Control Budget and Salary Schedule.

Recommended Action: Adopt a resolution amending the City’s Non-Utility Position Control Budget (PCB) to add the allocation of 12 Firefighter/Paramedics (salary code 4030, from $6,395.07-$7,773.24) and add the classification of City Council Meeting Minutes Tuesday, October 1, 2024
City of Tulare Page 4 of 6
Firefighter/EMT (salary code 4025, from $5,915.44-$7,190.25/month) on the salary schedule. [S. Oneal]
Council Action: See the Council Action section for item 13.6.

14. GENERAL BUSINESS

14.1 License Agreement Acceptance for Tulare Trail Townhouses.

Recommended Action: Contingent upon Council’s approved extension of prior Property Sale and Development Agreements with All Valley Housing Services, authorize the Mayor to execute a license agreement, subject only to minor conforming or clarifying changes acceptable to the City Attorney and City Manager, to allow All Valley Housing Services to construct and maintain 5-foot sidewalks with 5:1 grading slopes within the City’s Santa Fe Trail right-of-way along a portions of their adjacent residential properties.

Presented By: City Engineer Michael Miller; City Manager Marc Mondell Public Comment: Lino Pimentel of All Valley Housing Services addressed the Council regarding his housing project.

Council Action: Council expressed concern regarding the use of the Santa Fe Trail property for a portion of this project. City Engineer Michael Miller clarified that the sidewalk would encroach approximately 3 feet into the Trail right-of-way. Mr.

Pimentel advised that he is landscaping the property between the sidewalk for the development to the edge of the sidewalk on the trail. City Manager Marc Mondell questioned how they will handle issues of vandalism and destruction in the landscaped area. Mr. Pimentel advised he will be responsible for maintaining the area. City Attorney Mario U. Zamora advised that since the agreement is expired, an addendum will be brought back to Council for approval. Following discussion, it was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to (1) approve an extension of the prior Property Sale and Development Agreement with All Valley Housing extending the time to complete the project with one year for Phase 1 completion and an additional year for Phase 2 completion; and (2) authorize the mayor to execute a license agreement, subject only to minor conforming or clarifying changes acceptable to the City Attorney and City Manager, to allow All Valley Housing Services to construct and maintain 5-foot sidewalks with 5:1 grading slopes within the City’s Santa Fe Trail right-of-way along a portions of their adjacent residential properties with the license agreement tied to the Property Sale and Development Agreement and will be contingent on the satisfaction of said agreement.

14.2 Presentation of Revised City Logos.

Recommended Action: Receive a presentation on the revised City Logos and provide direction thereto.

Presented By: Executive Director of Economic Development & Redevelopment Traci Myers; City Manager Marc Mondell; Jaclyn Walian of MIG Public Comment: Cesar Pimentel expressed that Option 1 is more Tulare. Steven Macias stated he enjoys the City’s current logo and inquired about the amount of community engagement in this process. Jocelyn Limas who is on the Logo Committee who guided the logo options advised of the many meetings held providing opportunities for public input. Ms. Limas expressed her preference is Option 3. Jason Bender expressed that he favored Option 1 and agreed that, if Option 3 were selected, the train needs to change. Mr. Bender commented that City Council Meeting Minutes Tuesday, October 1, 2024
City of Tulare Page 5 of 6
none of the options presented included trees considering Tulare is known for its oak trees. Lino Pimentel stated that the options provided are better than what Tulare had and included that he favored Option 2b and Option 3.

Council Action: Councilmember Sigala recommended that the Council narrow the options down to the top 2 and polling the community. Councilmember Mederos cautioned against prolonging the process as there has been ample opportunity for community input and didn’t want to take additional input and ignore the Logo Committee’s input. It was moved by Councilmember Sigala and seconded by Councilmember Harrell to select Option 3 as the City’s new logo, with the modification to the train. Mayor Sayre called for a roll call vote. The motion passed 3 to 2 as follows:

AYES: Councilmember Sigala, Councilmember Harrell, Mayor Sayre NOES: Councilmember Mederos, Vice Mayor Isherwood

14.3 Historic Preservation Program Implementation.

Recommended Action: Receive a presentation from the historic preservation consultant and authorize approval of actions to implement a historic preservation planning program within the City of Tulare, beginning with properties in the city’s Downtown.

Presented By: Community Development Director Mario Anaya; Jacqueline Padilla-Perez of Historia Design & Consulting
Public Comment: Chris Harrell provided the history of what Tulare has already done in regard to historical preservation. Mr. Harrell also advised of the work that has been done by the Historic Preservation Ad Hoc Committee to assist with historical preservation efforts.

Council Action: It was moved by Councilmember Mederos, seconded by Mayor Sayre, and unanimously carried to approve the actions to implement a historic preservation planning program as outlined in the bullet points on page 2 of the staff report.

14.4 Letter of Intent for Sister City Agreement.

Recommended Action: Consider the letter received from Armando Reyna, mayor of Tecomán, Colima, Mexico and provide direction to staff thereto.

Presented By: City Manager Marc Mondell
Public Comment: There were no public comments.

Council Action: It was the consensus of Council to delegate this to Councilmember Sigala who will work with HACER and City staff.

15. FUTURE AGENDA ITEMS - NONE SUBMITTED

16. STAFF UPDATES
Staff provided updates on department activities.

Prior to recessing to closed session, a moment of silence was held to recognize Netty Washington, a former City councilmember, who recently passed away.

City Council Meeting Minutes Tuesday, October 1, 2024
City of Tulare Page 6 of 6

17. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

17.1 Conference with Labor Negotiators (Govt. Code § 54957.6) Agency Designated Representatives: City Manager Marc Mondell, City Attorney Mario U. Zamora, Assistant City Manager Josh McDonnell, Human Resources Director Shonna Oneal
Employee Organization: California League of City Employee Association (CLOCEA); Tulare Police Officers Union (TPOU)
Unrepresented Employee: Tulare Fire Division Chief Group; Middle Manager Group; Department Head Group

17.2 Public Employee Performance Evaluation (Gov. Code § 54957) Title: City Manager
Council recessed to closed session at 10:40 p.m.

18. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 12:11 a.m. on Wednesday, October 2, 2024.

19. CLOSED SESSION REPORT
Mayor Sayre advised there was no reportable action.

20. ADJOURNMENT
Seeing no further business to discuss, Mayor Sayre adjourned the regular meeting at 12:11 a.m. on Wednesday, October 2, 2024.

These meeting minutes were approved by the Council on October 15, 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: March 19, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Easement Agreement with Uchita Management Company, LLC

RECOMMENDED ACTION
Authorize the City Manager to execute an Easement Agreement with Uchita Management Company, LLC for storm drain conveyance and retention facilities related to Phases 1 thru 3 of the Cottonwood Estates subdivision.

SUMMARY
As part of the development of Phase 3 of the Cottonwood Estates subdivision, the developer desires to relocate the existing temporary storm drain basin off-site onto adjacent property owned by Uchita Management Company, LLC. Uchita Management Company, LLC has agreed to enter into the attached Easement Agreement with the City, which provides for the placement of storm drain conveyance and retention facilities on their property subject to the terms of the attached agreement. Relocation of the storm drain retention basin offsite of the Cottonwood Estates subdivision will allow for development of the entirety of Phase 3 lots, and will facilitate the installation of City Storm Dain Master Plan lines that will ultimately convey drainage into a permanent, regional retention basin.

FISCAL IMPACT & FUNDING SOURCE(S)
The City will be responsible for routine maintenance of the storm drain facilities that will be installed as a result of the subject agreement. The funding source would be Fund 067 – Surface Water Operations.

LEGAL REVIEW
The City Attorney assisted in the preparation of the proposed Easement Agreement.

ALTERNATIVE ACTION

1. Approve with changes – Changes made to the easement agreement would require a new submittal from the applicant and review by staff. Changes would be brought to a later Council meeting for acceptance.

2. Deny – Denial of the easement request would not allow the developer of Phase 3 of the Cottonwood Estates subdivision to relocate the temporary retention basin offsite, resulting in a significant loss of developable lots for their project.

3. Table – Tabling the easement agreement would delay the Developer’s ability to proceed with Phase 3 of the Cottonwood Estates subdivision in a timely manner.

ATTACHMENTS

1. Draft Easement Agreement
Reviewed/Approved:

Item #: 7.3
Consent

7.3 Consent Page 1

RECORDING REQUESTED BY
THOMAS E. HORNBURG
AND WHEN RECORDED MAIL TO:

HOUK & HORNBURG, INC.
206 S. Mooney Blvd.

VISALIA, CA 93291

SPACE ABOVE FOR RECORDER'S USE

EASEMENT AGREEMENT
APNs: _______________ and 184-100-005
Preamble
THIS AGREEMENT is made this _____ day of _______________, 20___, by and between THE CITY OF TULARE, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA (hereinafter referred to as "TULARE") and UCHITA MANAGEMENT COMPANY, LLC a Nevada Limited Liability Company (hereinafter referred to as “UCHITA").

R E C I T A L S:

WHEREAS, UCHITA is the owner of certain real property in the County of Tulare, State of California, bearing Tulare County Assessor’s Parcel No. 184-100-005, hereinafter known as the "UCHITA PROPERTY," more particularly described in the attached Exhibit “A” and “B,” which is incorporated herein by reference;
WHEREAS, UCHITA wishes to grant TULARE an easement over the UCHITA PROPERTY;
WHEREAS, the drainage area associated with said easement shall be limited to the locations shown in Exhibit “C” attached hereto and incorporated herein; NOW, THEREFORE, it is agreed as follows:

Grant of Easement

1. UCHITA hereby grants to TULARE an easement over the UCHITA PROPERTY, in favor of THE CITY OF TULARE, as described on Exhibit “A” attached hereto and incorporated herein. A map of the easement is attached hereto as Exhibit “B” attached hereto and incorporated herein.

Character of Easement

2. The easement granted herein is appurtenant.

7.3 Consent Page 2
Description and Use of Easements

3. The easement is an easement over the UCHITA PROPERTY for the following purposes:
a. The construction, operation, maintenance, repair, replacement, and improvement of a storm drain basin serving the public, ; and b. Ingress and egress for accessing the storm drain basin. c. Collection and storage of runoff associated with locations shown in Exhibit “C” attached hereto and incorporated herein.

Exclusiveness of Easement

4. The easement granted herein is non-exclusive.

Costs

5. Any and all costs of such maintenance and repair of the storm drain basin shall be the sole responsibility of the City of Tulare; provided however, UCHITA shall be responsible for the prompt repair of any damage to the storm drain basin or any associated improvements caused by UCHITA or its members, managers, employees, agents, or contractors.

Entire Agreement

6. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged.

Attorney's Fees

7. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.

Binding Effect

8. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto.

9. Should the UCHITA PROPERTY become ready to develop, the developer who is developing the property must fill in the storm drain basin and move the storm drain basin at the developer’s expense. In such case: (i) TULARE will not be responsible for restoring the UCHITA PROPERTY; (ii) the location and design of the new basin must be approved by TULARE prior to construction; (iii) following construction, the new basin must be approved by TULARE and be in a condition to accept storm water before the basin on the UCHITA PROPERTY is removed from service; and (iv) this Agreement and the rights and obligations thereunder will terminate upon TULARE's written acceptance of the new storm drain basin.

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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.

THE CITY OF TULARE
By: ________________________________
___________________________________
Its: ________________________________
UCHITA MANAGEMENT COMPANY, LLC a
Nevada Limited Liability Company
________________________________
Robert Uchita, Managing Member

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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF TULARE
On _________________, 20___, before me, _____________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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.

NOTARY PUBLIC

STATE OF CALIFORNIA

COUNTY OF TULARE
On _________________, 20___, before me, _________________, Notary Public, personally appeared ROBERT UCHITA, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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.

NOTARY PUBLIC

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Staff Report
Meeting: City Council
Date: October 15, 2024
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Agenda Title: Change Voluntary Benefit Provider from Chimienti to American Fidelity

RECOMMENDED ACTION
Authorize the City Manager to execute a Service Exchange Agreement with American Fidelity enhancing access to better voluntary benefits for City employees subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
The City of Tulare offers employees the option to purchase voluntary insurance policies through Chimienti who has been the City’s provider since approximately 2003. Some of these optional policies include Life Insurance, Accident Insurance, Cancer Insurance, and Flexible Spending Accounts (FSA’s).

The City met with representatives from American Fidelity regarding their voluntarily benefit program after learning about some of their offerings including free FSA, streamlined processing, and increased participation with employees. American Fidelity recently submitted the attached proposal for the City’s consideration. An analysis of the proposal was conducted, and staff found:
• Rates are competitive with current policies.
• Booklets highlighting all available plans for purchase were provided. • No FSA charge for FSA accounts resulting in an approximate $6,000 annual savings. • Non-funded FSA balances are covered. Potential for savings. • Automated billing reconciliation. Staff time savings of a couple of days. • A benefit and claim mobile app. Staff time savings and increased satisfaction with ease of use for employees.
• Linked accounts for automatic deposits for policy payouts. • Access to Account Manager/Expert on policies.

As indicated in the proposal, no fee is charged directly to the City for American Fidelity’s services.

Therefore, no formal Request for Proposal process is necessary under procurement procedures.

Some of the things to be mindful of if we were to switch vendors:

Item #: 7.4
Consent

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• Employees with current policies maybe concerned if they are transferrable to American Fidelity.
• Employees who have vested plan may be particularly hesitant to the Whole Life Insurance (4 employees) and Universal Life Policy holders; (121 employees and dependents combined).

Chimienti has advised that there are portable options available that the City would need to communicate to the employees to connect with Chimienti to secure this benefit long term on their own. American Fidelity would waive their preexisting conditions exclusions for employees who are currently enrolled in a similar plan with Chimienti assuming they elect the plan at the time of the switch. Both options would help to reduce the minimal frustrations that may occur when switching providers.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fee exchanged between the City and American Fidelity. There is a cost savings to the employees of approximately $6,000 per year for elimination of FSA fees that were originally paid for by the City.

LEGAL REVIEW
This item was reviewed by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. American Fidelity Proposal
Reviewed/Approved:

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Staff Report
Meeting: City Council
Date: October 15, 2024
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Mario Zamora, City Attorney
Agenda Title: CLOCEA, Miscellaneous Mid-Manager, and Department Head Group Salary and Benefit Negotiated Changes

RECOMMENDED ACTION
Adopt a Memorandum of Understanding (MOU) with California League of California Employees Association (CLOCEA) for the period beginning July 1, 2024 to June 30, 2027; and authorize salary changes by approving the amended salary schedule for CLOCEA, Miscellaneous MidManager Group, and Department Head Group.

SUMMARY
The City has conducted a total compensation study and has met with representatives of CLOCEA, the Miscellaneous Mid-Manager’s Group and Department Head Group to review, discuss and agree upon the changes in salary for classifications that fall within these groups.

CLOCEA and Miscellaneous Mid-Manager’s group agreement is for a 3-year period (7/13/2024- 6/30/2027) and Department Heads for a 1-year term (7/13/2024-6/30/2025). Further terms for each of these groups will be more fully explained below.

A benchmarking approach was utilized in surveying approximately 50 positions in these three groups. A blended approach was utilized in determining the appropriate salary adjustment for the classifications with every classification receiving a COLA of 3% per year. In addition to the 3% COLA the majority of classifications received salary adjustments based on the survey results ranging from 3%-12% salary increases. Those adjustments are summarized in the updated salary schedule attachment.

In addition to the salary increases for the Miscellaneous Mid-Manager group, the following items were also agreed upon:

Item #: 7.5
Consent

7.5 Consent Page 1

2. 457 Tax-Advantaged Retirement Savings Plan: Effective July 1, 2026, a 457 plan will be introduced, including an employer match of up to $50 per pay period.

4. Vacation Leave Buyback: Management commits to fully analyzing and revising all leave accrual options in calendar year 2025.

5. Uniform and Boot Allowance: For employees required to wear uniforms or boots, an allowance will be provided at the same rates stipulated in the finalized CLOCEA MOU.

FISCAL IMPACT & FUNDING SOURCE(S)
$3,750,000 for 3 years across all funding sources, including Enterprise Funds. An additional appropriation from the General Fund will be needed to fund this year’s salary increases because they were more than what was originally anticipated in the adopted budget. This appropriation will be addressed through the mid-year budget update.

LEGAL REVIEW
This item was reviewed by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. CLOCEA MOU 7/1/2024-6/30/2027

2. Updated Salary Schedule

3. Salary Increase Summary

Reviewed/Approved:

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1 C. L. 0. C. E. A.

MEMORANDUM
OF

UNDERSTANDING
By and Between the
City of Tulare and the
California League of City
Employees Associations
July 1, 202418 through June 30, 20217_

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2 MEMORANDUM OF UNDERSTANDING
July 1, 202418 through June 30, 20271

A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN

THE CITY OF TULARE AND

THE CALIFORNIA LEAGUE OF CITY EMPLOYEES ASSOCIATIONS

TABLE OF CONTENTS
I. Recognition .......................................................................................................................

II. Purpose...............................................................................................................................

III. Non-Discrimination.........................................................................................................

IV. Maintenance of Benefits...............................................................................................

V. City Authority....................................................................................................................

VI. Categories of Appointment……………………………………………………………………..

VII. Employee Right to Representation............................................................................

VIII. Unit Membership
IX. Availability Of Rules and Regulations........................................................................

X. Work Access and Employee Information.................................................................

XI. Notice of Change of Work Rules.................................................................................

XII. Union Security
XIII. Salary
XIV. Severability........................................................................................................................

XV. Renegotiation...................................................................................................................

XVI. Provision Regarding Americans With Disabilities Act...........................................

XVII. Term
XVIII. Compensation and Hours.............................................................................................

A. Application of Salary Ranges and Rates.............................................................

1. Appointment

2. Promotion

3. Transfer

4. Confidential Designation
B. Standard Work Periods
C. Exceptions to Standard Work Periods...............................................................

D. Overtime Policy: Definition...................................................................................

E. Overtime Compensation……………………………………………………………………..

F. Overtime Compensation: Standard Work Week ............................................

G. Overtime Provisions: Police Dispatch
H. Stand-by Compensation………………………………………………………………………
I. Overtime Conditions: Local Peril or Disaster...................................................

J. Deductions.................................................................................................................

K. Paid Holidays.............................................................................................................

L. Compensation for Work on Paid Holidays……………………………………………

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3 M. Compensation During Attendance of a Training Course during Vacation, Holidays, Day Off
N. Sick Leave Compensation ......................................................................................

O. Compensation for Temporary Work in Higher Classifications P. Compensation for Fractions of Hours Worked…………………………………….

Q. Retirement Compensation ....................................................................................

R. Accumulation of Paid in-Lieu Holidays………………………………………………… S. Non-Management Exempt Employees………………………………………………..

T. Tuition Reimbursement………………………………………………………………………
U. Compensation for Use of Private Vehicle for City Business………………….

V. Uniform and Tool Allowance ................................................................................

W. Deferred Compensation………………………………………………………………………
X. Certification Pay………………………………………………………………………………….

Y. Bilingual Pay……………………………………………………………………………………….

Z. Commercial Driver’s License Program
XIX. Annual Vacation Leave
A. Purpose of Annual Vacation Leave .....................................................................

B. Eligibility for Annual Vacation Leave..................................................................

C. Accrual of Annual Vacation Leave.......................................................................

D. Accumulation of Annual Vacation Leave...........................................................

E. Scheduling of Vacation Leave...............................................................................

F. Working During Annual Vacation Leave………………………………………………..

G. Holidays Within Vacation Leave ..........................................................................

H. Illness Within Vacation Leave...............................................................................

I. Payment of Annual Leave Upon Termination..................................................

J. Effect of Extended Military Leave .......................................................................

XX. Sick Leave
A. Statement of Policy .................................................................................................

B. Eligibility for Sick Leave ..........................................................................................

C. Accrual of Sick Leave...............................................................................................

D. Accumulation of Sick Leave...................................................................................

E. Holidays Within Sick Leave....................................................................................

F. Usage of Sick Leave……………………………………………………………………………..

G. Deduction of Sick Leave .........................................................................................

H. Verification of Sick Leave Usage ..........................................................................

I. Workers Compensation..........................................................................................

J. Depletion of Sick Leave, Compensation Time and Benefits........................

K. Employee Rehabilitation........................................................................................

L. Compensation of Sick Leave Upon Termination.............................................

XXI. Other Leaves of Absence
A. Leave of Absence Without Pay ............................................................................

B. Absence Without Leave..........................................................................................

C. Leave of Absence: Death Outside The Immediate Family ...........................

D. Maternity....................................................................................................................

E. Employee’s Time Off to Vote................................................................................

F. Jury Duty: Leave Of Absence ................................................................................

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4 G. Subpoenas: Leave Of Absence .............................................................................

H. Bereavement Leave.................................................................................................

I. Educational Leave ....................................................................................................

XXII. Layoff..............................................................................................................

XXIII. Disciplinary Proceedings
A. Disciplinary Action: Definition..............................................................................

B. Causes for Disciplinary Action ..............................................................................

C. Persons by Whom Disciplinary Action May be Taken...................................

D. Procedure Preceding Imposition of Disciplinary Action ...............................

E. Imposition of Disciplinary Action.........................................................................

F. Extraordinary Circumstances................................................................................

G. Right of Appeal..........................................................................................................

H. Right of Appeal: Hearing ........................................................................................

I. Right of Appeal: Representation .........................................................................

J. Right of Appeal: Failure of Employee to Appear ............................................

K. Right of Appeal: Decision.......................................................................................

L. Effect of Disciplinary Action..................................................................................

M. Releasing Information Relative to Disciplinary Action..................................

N. Informal Counseling With the City Manager ...................................................

O. Non-Applicability......................................................................................................

XXIV. Miscellaneous
A. Reports of Change of Status.................................................................................

B. Damage Claims..........................................................................................................

C. Gratuities....................................................................................................................

D. Outside Employment ..............................................................................................

E. Conflict of Interest……………………………….………………………………………………
F. Insurance – Health, Dental and Vision...............................................................

G. Insurance - Life..........................................................................................................

H. Retirement.................................................................................................................

I. Personnel Files..........................................................................................................

J. Position Reclassification.........................................................................................

K. Employee Assistance Program Policy.................................................................

L. Flexible Benefits Program......................................................................................

M. Vehicle Use Policy ....................................................................................................

N. Administration Fee ..................................................................................................

O. Labor-Management Meeting ...............................................................................

P. Union Dues and Rights……………………………………………………………………….

Q. Revised/New Policies…………………………………………………………………………
R. Leave Bank Donations………………………………………………………………………..

S. Election Rules…………………………………………………………………………………….

T. Timeclocks – Public Works…………………………………………………………………
XXV. Grievance Procedure
A. Purpose of Chapter……………………………………………………………………………
B. Matters Subject to Grievance Procedures………………………………………… C. Informal Grievance Procedure………………………………………………………….

D. Formal Grievance Procedure…………………………………………………………….

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5 E. Conduct of Grievance Procedure……………………………………………………… Signature Page…………………………………………………………………………………………………
Appendix II – Salary Chart effective July 7, 2019 Appendix I- Summary of salary increases by classification.

July 16, 202418 through June 30, 20217_

A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN

THE CITY OF TULARE AND

THE CALIFORNIA LEAGUE OF CITY EMPLOYEES ASSOCIATIONS
I. RECOGNITION
The City acknowledges the California League of City Employees Associations (CLOCEA) as the recognized employee organization representing the employees in the Tulare City Professional and Clerical, and Tulare City Non-Management bargaining units.

II. PURPOSE
It is the purpose of this Memorandum of Understanding, entered into pursuant to the Meyers -Milias -Brown Act of the California Government Code, Sections 3500 through 3510, to promote and provide for harmonious relations, cooperation and understanding between the City and the employees covered herein, to provide for an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum of Understanding (MOU) and to set forth the understandings of the parties reached as a result of good faith bargaining.

The articles and provisions contained herein constitute a bilateral and binding Agreement by and between the City of Tulare and CLOCEA upon ratification by the membership of CLOCEA and the Tulare City Council.

III. NON-DISCRIMINATION
The City agrees to act pursuant to section 3502 of the Government Code relative to employee rights to representation. No employee shall be intimidated, coerced, restrained or unlawfully discriminated against because of the exercise of these rights.

The provisions of the MOU shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, national origin, religion, sex, disability, age, citizenship status, genetic information, marital status, sexual orientation and identity, medical condition, political affiliation, or,or military or veteran status.

IV. MAINTENANCE OF BENEFITS

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6 The City and CLOCEA agree to meet and confer within thirty (30) days regarding any changes to employees’ terms and conditions of employment which are within the scope of bargaining, and which changes are beyond the control of the City.

Except as provided or noted herein, all rights and all benefits presently experienced by employees within the jurisdiction of the MOU shall remain in full force and effect during the term of this agreement unless modified by a signed agreement between the parties and/or until a new MOU is agreed upon.

The City of Tulare and CLOCEA have agreed to meet and discuss the following policies:

Harassment/Hostile Work Environment/Discrimination, Substance Abuse, Discipline, Grievance, Recruitment and Compensation, DOT and any other policy to address new State mandates.

V. CITY AUTHORITY
The City shall retain all legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include, among others: The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel of which governmental operations are to be concluded; take all necessary actions to carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work.

The Union and its members, officers and representatives agree that they will not cause or condone any strike, slow down, or sick out during the term of this Agreement.

VI. CATEGORIES OF APPOINTMENT
Employment in the City of Tulare is divided into the following categories:

A. Regular (Full Time and Part Time): A Regular employee is a person who is appointed to an allocated position in the City’s Position Control Budget (PCB) and has successfully completed the probationary period. Regular employees may be appointed to full-time or part-time allocated positions.

B. Probationary: A Probationary employee is a person who is appointed to an allocated position in the City’s PCB, andPCB and is serving the probationary period for that position.

The probationary period is part of the selection process and a time during which the City determines whether work performance and work-related behavior meets the required standards of the position.

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7 C. Hourly Employees: An hourly employee is a person who is appointed to an extra help non-allocated position. The hourly employee is paid on an hourly basis for time actually worked. Hourly employees are not eligible for any City benefits except those mandated by State and/or Federal Law. Hourly employees work on a temporary/seasonal basis and are limited to working 1000 hours per fiscal year. Hourly employees are not considered members of CLOCEA.

VII. EMPLOYEE RIGHT TO REPRESENTATION
Any regular employee has the right to representation by a person of his/her choice at a proposed disciplinary proceeding and at meetings that may have a negative impact on the employee'’s employment relationship with the City of Tulare. If such a meeting is set, the employee shall be notified of same and of their rights under this section.

VIII. UNIT MEMBERSHIP
Pursuant to AB119, tThe City shall provide the Union, in writing, at the Union’s request, a list of all employees subject to this MOU, of such employee’s name, address, phone number, email address, class title and department. The list shall consist of all employees that are members and/or are eligible to be members of CLOCEA. This list shall be provided to the Union on a quarterly basis.

IX. AVAILABILITY OF RULES AND REGULATIONS
It shall continue to be the policy of the City to provide at least one (1) current copy of Resolution No. 2537 (Rules and Regulations for the Administration of the City of Tulare Merit Personnel System) and a copy of this MOU at each departmental or divisional office. A copy of said document shall be available and may be loaned to any employee who so requests. In addition, this document is available on the City’s Intranet and Internet. At these same locations, the City shall post information regarding job openings including promotional opportunities.

X. WORK ACCESS AND EMPLOYEE INFORMATION
Union Representatives (non-employees) may have access to non-public City work locations when approved by the Human Resources Director. A reasonable number of locations for posting employee information shall be made available by the City. Copies of materials to be posted shall be sent to the Human Resources Director, in advance of posting.

XI. NOTICE OF CHANGE OF WORK RULES
When the City finds it necessary to take action which may be contrary to provisions of the MOU, the Union will be invited to a meeting to discuss the issues, on an urgency basis. Failure of the Union to meet within a reasonable time relieves the City of the responsibility to meet before taking action under this section.

XII.UNION SECURITY

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8 The City will deduct Union membership dues from the payroll warrant of each employee who has submitted a payroll deduction authorization and such dues deductions shall be remitted to the Union with an itemized statement. The Union shall keep the City informed as to the amount of dues to be deducted and such notification shall be certified to the City in writing over a signature of authorized officers or representatives of the Union.

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9 The changes in the Union membership dues shall be certified to the city at least one (1) month in advance of the effective date of such changes and the City shall have no responsibility for the collection of fees, assessments, or other deductions unless such deductions are certified to the City as prescribed at least thirty (30) days in advance of the pay period upon which such deduction is to be made.

An employee may revoke his/her prior dues deduction authorization only upon a written request to the Union City Finance Office during the first fifteen (15) calendar days of the month of June. Dues revocation forms will be available in the City Finance Office. All requests must be made directly to the Union office. The Union shall indemnify, defend, and hold the City harmless against all claims, demands, expenses, judgements or other liabilities relating to dues collected by the City and paid to the Union. The Union agrees to refund to the City any amounts paid to it in error upon presentation of proper evidence.

NEW ARTICLE UNION REPRESENTATIVE LEAVE OF ABSENCE (Pursuant to SB 1085) Employees are entitled a union paid leave of absence without loss of compensation and other benefits as described in this article. For leave requests for three consecutive days or less, the union shall provide 10 working days’ notice. For leave requests greater than three consecutive days, the union shall provide 30 calendar days’ notice. The leave shall include, full-time, parttime, or periodic absence for purposes of fulfillment of the duties of an officer or a steward. If a requested leave of absence will create an operational hardship the parties agree to meet and confer regarding the requested leave as soon as possible to identify mutually acceptable alternative dates. The parties also agree to meet and confer should the notification process outlined herein becomes problematic on an ongoing basis to make any necessary revisions for requesting and granting leave. At the conclusion of the leave, the officer or steward shall have a right to reinstatement to the same position they held prior to such leave without loss of seniority, consistent with Government Code 3558.8. Compensation during the leave shall include employer-sponsored health and retirement benefits. Following the City’s payment of the employee leave of absence, the City shall be reimbursed by the Union for all compensation and benefits, including health and retirement paid or provided to the employee while on the leave. Reimbursement by the Union shall be made within 30 days after its receipt of the employer’s certification of payment of compensation to the employee. The leave of absence without loss of compensation or other benefits provided for by this section is in addition to the release time without loss of compensation or other benefits granted to representatives of the Union under the law or this MOU. The City shall not be liable for any act, omission, or injury suffered by any employee of the City if that act, omission or injury occurs during the course and scope of the employee’s lost time work for the Union. To the extent that the City nonetheless becomes liable for any such act, omission or injury, the Union shall indemnify and hold harmless the City.

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10 XIII. SALARY
A. TBD See Appendix II for summary of salary increases by classification.

When the parties (City & Bargaining Unit) agree upon the need for a Compensation Survey and begin negotiating the design and elements of the Survey process it should be understood that the City is not agreeing, at that time, to any particular application of the data collected in the Compensation Survey. The parties agree that they will meet and confer as soon as possible once the data is available in order to get an agreement on application of the survey results. It is also understood that selection of the data to be collected in the survey and application of the resulting data may depend on the cooperation of other bargaining units and will depend on the City'’s financial ability.

XIV. SEVERABILITY
If any provision of this agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Memorandum or the application of such provision to persons or circumstances other than those as to which is held invalid shall not be affected thereby and both parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement for such invalidated provision.

XV.RENEGOTIATION
In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other its written request to commence negotiations.

XVI. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT Because the American with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agree that the provisions of this Agreement may be disregarded in order for the City of Tulare to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

CLOCEA recognizes that the City of Tulare has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions.

CLOCEA will be notified of these proposed accommodations prior to implementation by the City of Tulare. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

XVII. TERM

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11 The provisions of the Memorandum of Understanding shall become effective July 16, 202418 as it relates to retro salary increase only and shall continue through and include June 30, 20217_, and thereafter until the parties have reached a successor MOU.

XVIII. COMPENSATION AND HOURS
A. APPLICATION OF SALARY RANGES AND RATES

1. Appointment
Initial appointments to classes assigned in a pay range in the City Compensation Plan shall be at the first step of the salary range, provided that the City Manager may make an appointment to a position at a higher salary step when, in his/her opinion, it is difficult to obtain qualified personnel at the starting salary or when it appears that the education or experience of the proposed employee is substantially superior to that required of the class and justifies a beginning salary in excess of the first step.

2. Promotion
Any employee receiving a promotion shall start at the first step of the salary range of the class to which he/she is promoted and be eligible for merit increases as elsewhere provided, unless his/her present salary is equal to or exceeds the first step of the class to which he/she is promoted. In that event, the employee shall be assigned to the step in the salary range to which he/she is promoted that is the equivalent of approximately a five percent (5%) and not to be less than four percent (4%) increase in salary. An additional five percent (5%) may be given at Department’s head recommendation subject to City Manager’s approval.

3. Transfer
Any employeeemployee transferred to a position which has a different job classification title shall assume the salary range appropriate for his/her new classification. The salary step shall be appropriate as provided in section 1.

Appointment, above.

4. Confidential Designation
The classification of Payroll Specialist falls under this MOU. The position is designated as Confidential due to the work and responsibility assigned to this position. This classification receives a five (5) percent differential pay for this designation.

II. STANDARD WORK PERIODS
The standard work period for City employees shall be as follows:

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12 Miscellaneous classifications: Those employees whose job classification places them in the miscellaneous group of employees shall work forty (40) hours in a standard work week of seven (7) consecutive days.

The designated work week for miscellaneous employees on a standard work week schedule shall commence at 12:01 a.m. on Saturday and run through midnight on the following Friday; except that the work week for the employees of the Library Division shall commence at 12:01 a.m. on Monday and run through midnight on Sunday.

Wastewater Operator in Training (OIT) and Wastewater Operators Grades I, II, and III standard work period is a 4-10 work schedule – 4 days a week, 10-hour shift days. The remainder of employees at the Wastewater Treatment Plant hasshall remained on the 5- 8 schedule.

III. EXCEPTIONS TO STANDARD WORK PERIODS

1. The City Manager is hereby authorized to designate other work periods to other employees when, in his/her opinion, the best interests of the City may be served by such adjustment of standard work periods and hours. The procedure for making adjustments in the standard work period in hours shall be consistent with provisions of Section 3504.5 of the Government Code.

2. Schedules for miscellaneous employees, other than those on a standard work week, shall be posted at least ten (10) calendar days prior to implementation, except in an emergency when notice shall be given as soon as possible.

3. Modification of shifts, schedules and working hours: Street, water, Sewer Division, Parks, Storm Drain, Library. Effective July 1, 1992, the City has the flexibility in the assignment of certain personnel to modified work shifts after proper notification is provided to the affected employees. Proper notification is defined as being in writing and provided at least seven (7) calendar days in advance of any change. This provision shall apply to new hires and shall be applicable to employees hired in the Street and Water Divisions. Any flexibility in shifts shall be to fix a shift within the hours of 7:00 a.m. and 5:00 p.m. In addition, the City has flexibility to schedule breaks and lunches of bargaining unit members to ensure availability of services.

Every year, Ffrom May 1 until September 30th, employees working in the Water, Streets, Parks, Sewer Division, and Storm Drain, shall be allowed to work the hours of 6:00 a.m. to 2:30 p.m. During all other times the hours shall be 7:00 a.m. to 3:30 p.m. with the exception of coverage that is required until 5:00 p.m. each work day. No posting notice is required to the employees for implementation of “summer hours”.year-round
The following departments shall participate in a one-year pilot program from May 1st to September 30th for an alternative work schedule as follows: Water, Streets, Sewer Collections, and Storm Drain.

7.5 Consent Page 14
13 The pilot program shall automatically stop after the first year unless both the Unit and the City agree to continue the program for the remainder of the term of this agreement.

The Parks and Recreation Department shall not be part of the pilot program and shall continue to work 6:00 am to 2:30 pm year round.

At the recommendation of the Community Services Director, the library staff hours shall be either an eight (8) or ten (10) hour shift schedule.

IV. OVERTIME POLICY: DEFINITION
It is the policy of the City of Tulare that overtime work be kept to the minimum consistent with the protection of life, property and the efficient operation of the departments and activities of the City, and that overtime work be compensated with time off where practical. Overtime work shall be authorized only with the prior authorization of the department head, manager or supervisor. Overtime work for all eligible employees, shall be defined as any time worked beyond the forty (40) hours in a standard work week. The use of sick leave, vacation, floating holidays, birthday or compensatory time shall not be included in the definition of time worked.

V. OVERTIME COMPENSATION
Compensation for overtime, where practical, shall be compensated for by compensatory time off. Whenever working overtime is optional, the City shall reserve the right to determine the method of payment, i.e., compensatory time off or cash. Where working overtime is mandatory, the method of payment shall be at the option of the affected employee. The use of compensatory time shall be by request of the affected employee and with official City approval. At no time may any employee accumulate more than one hundred and twenty (120) hours of compensatory time off. Once this limit is reached or exceeded, all overtime in excess of the one hundred and twenty (120) hours shall be paid in cash.

VI. OVERTIME COMPUTATION: STANDARD WORK WEEK
Miscellaneous employees on a standard work week shall be compensated, by pay or compensatory time off, for overtime at the rate of one and one-half the hourly rate for all hours worked in excess of forty (40) hours per designated work week. Except as otherwise provided in XIX(G), employees called back to work after having been released by their Supervisor shall be given a minimum of two (2) hours to be compensated by compensatory time or pay at time and one-half.

VII. OVERTIME PROVISIONS – POLICE DISPATCH
The following over-time provisions cover those employees in the City of Tulare Police Department Communications Center (Public Safety Dispatcher I, Public Safety Dispatcher

7.5 Consent Page 15
14 II, Senior Public Safety Dispatcher classifications) whose classifications are represented by CLOCEA. It is the policy of the City of Tulare that overtime work be kept to the minimum consistent to the protection of life, property and the efficient operation of the Police Department.

1. Authorization: When warranted and in the interest of the City operation, the Police Chief or his/her designee may assign employees to overtime with as much advance notice as possible. Overtime work shall be authorized only with prior authorization of the Police Chief or his/her designee.

2. Definition: Overtime shall be defined as time worked in excess of twelve and onequarter (12.25) hours per shift day and/or eighty- (80) hours in a pay period.

Employees shall be paid overtime for hours worked beyond eighty (80) hours within a fourteen (14) day duty period. Paid time-off, excluding sick leave, shall be considered as time worked for overtime calculation purposes.

3. Scheduled Overtime: Overtime that is scheduled and the employee is notified five (5) days or more in advance.

4. Unscheduled Overtime: When an employee returns to work because of a departmental request to work outside of his/her regular shift or the overtime is scheduled less than five (5) days in advance.

5. Compensation Scheduled Overtime: When an employee works overtime that is scheduled five (5) days or more in advance, the two (2) hour minimum stated below shall not apply. The overtime shall be compensated at either one and one-half (1 ½) of the employees’ regular rate of pay or upon the request of the employee one and one-half (1 ½) hours of compensatory time for each overtime hour worked, unless sick leave is taken during that pay period.

6. Compensation Unscheduled Overtime: When an employee returns to work because of a departmental request to work outside of his/her regular shift or the overtime is scheduled less than five (5) days in advance, the employee shall be credited with two (2) hours of pay or two (2) hours of compensatory time off plus any hours of work in excess of two (2) hours in which the employee is continuously engaged in work for which he/she was called back. Overtime shall be compensated at either one and onehalf (1 ½) of the employees’ regular rate of pay or upon the request of the employee one and one-half (1 ½) hours of compensatory time for each overtime hour worked, unless sick leave is taken during that pay period.

7. Maximum accrual: The maximum compensatory accrual shall be one hundred and twenty (120) hours. Any time worked in excess of the one hundred and twenty (120) hour cap shall be compensated in cash.

7.5 Consent Page 16
15 8. Separation of employment: When an employee leaves the City (for either voluntary or involuntary reason(s), the City will “buy-out” or compensate the employee for comp time accrues at the employee’s current rate of pay.

VIII. STAND-BY COMPENSATION
Stand-by positions are hereby authorized in the following divisions: Water, Streets, Wastewater, Sewer Collections, Parks, Fleet Maintenance, Code Enforcement, Graffiti Abatement, Facilities Maintenance, Animal Control and Evidence. The use of stand-by personnel shall be at the discretion of the department head with the approval of the City Manager. The department head shall be responsible for the appointment of the individual to serve on stand-by. Those employees who are on stand-by may be contacted by any of the following methods, which shall include but not be limited to: telephone, City radio or pagers.

Those employees on stand-by who do not respond within thirty (30) minutes of call out shall be subject to the loss of stand-by compensation for that day. An employee who fails to report within thirty (30) minutes a second time, within a six (6) month period, shall be subject to discipline in accordance with Chapter 10, beginning with Section 1001, of the Personnel Rules and Regulations. In addition, at the discretion of the department head, those employees who fail to respond within thirty (30) minutes on two (2) or more occasions within a six (6) month period, may be declared ineligible for stand-by compensation.

1. Employees in the Water, Streets, Wastewater, Sewer Collections, Parks, Fleet Maintenance, Code Enforcement, Graffiti Abatement, Facilities Maintenance, Animal Control and Evidence who remain on stand-by for the week (8:00 a.m. Friday to 8:00 a.m. Friday) shall be compensated at the rate of two (2) three (3) hours of pay per day of stand-by. No such employee shall receive less than one hundred and sixty dollars ($160) per week of stand-by duty. Any employee serving stand-by for less than the full week shall receive two (2) hours of pay per day or twenty-three dollars ($23) per day, whichever is greater. If, for some reason, an employee cannot complete a full day’s shift of stand-by and another employee is brought in to complete the day, the two (2) hours or twenty-three dollars ($23) will be prorated accordingly. Each time an individual is called back to work while on stand-by, he/she shall be compensated by one and one-half (1 ½) times for actual hours worked with a minimum pay for one (1) hour. This applies each time an employee is called back to work. Call back on a City observed holiday shall receive a minimum of three (3) hours pay at the one and one-half (1 ½) time rate. Overlapping calls within the three (3) hour minimum count as part of the original call. If the last call within the initial three (3) hours extends past the three (3) hour minimum, then employee will receive pay for actual time worked.

2. Employees in the Wastewater Treatment Division who remain on stand-by for the week (4:00 p.m. Monday to 7:30 a.m. Friday) shall be compensated at the rate of two

7.5 Consent Page 17
16 (2) hours of pay per day of stand-by. Employees on stand-by for the weekend (4:00 p.m. Friday to 7:30 a.m. Monday) shall be compensated at the rate of one (1) hour for Friday, three (3) hours for Saturday, three (3) hours for Sunday, and one (1) hour for Monday of pay or compensatory time. Each time an individual is called back to work while on stand-by, he/she shall be compensated by one and one-half times for actual hours worked. Call back on a City holiday shall receive a minimum of three (3) hours at the time and one-half rate.

IX. OVERTIME CONDITIONS: LOCAL PERIL OR DISASTER
In case of disaster, state of extreme emergency or local peril, the overtime procedures herein established shall not be in effect and compensation procedures will be determined at that time for such conditions.

X. DEDUCTIONS
Deductions from employees pay shall be made in accordance with prevailing laws, contracts and administrative rules and procedures.

XI. PAID HOLIDAYS

1. Regular Holidays for Pay Purposes. Holidays for employee covered by this MOU shall be as follows:
• January 1 (New Year’s Day)
• The third Monday in January (Martin Luther King, Jr. Birthday) • The third Monday in February (Presidents’ Day)
• The last Monday in May (Memorial Day)
• July 4 (Independence Day)
• The first Monday in September (Labor Day)
• November 11 (Veterans Day)
• The fourth Thursday in November (Thanksgiving Day)
• The day after Thanksgiving Day
• December 24 (Christmas Eve)
• December 25 (Christmas Day)
• December 31 (New Year’s Eve)
• The employee’s date of birth
• Two (2) days in lieu of September 9 (Admission Day) and the second Monday in October (Columbus Day), subject to the same rules and regulations as annual vacation leave and shall be credited to the employee as of July 1 for the current calendar year. Any new or reappointed employee whose appointment begins after July 1 of any year shall not be credited for the two (2) inlieuin lieu holidays until the following July 1. Any regular employee who is on a nonpay status July 1 shall be credited with the two (2) inlieuin lieu holidays immediately upon returning to a pay status.

7.5 Consent Page 18
17 • Every day appointed by the President of the United States or the Governor of California for public fast, thanksgiving, mourning or holidays as determined by the City Manager.

2. If any of the foregoing holidays fall on Saturday, the preceding Friday shall be observed as a holiday. If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed as a holiday. If any of the foregoing holidays fall on an employee’s normal day off, except Saturday or Sunday, they shall be credited to vacation. When the Christmas Eve and New Year’s Eve holiday fall on a Sunday the Eve Holidays and Christmas and New Year Holidays will be observed on Monday and Tuesday. In the same manner, when the Christmas and New Year Holidays fall on a Saturday, they will be observed on Thursday and Friday.

3. Solid Waste and Wastewater Treatment Employees
a. Except for New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, paid holidays shall not be observed by employees in the Solid Waste Division. Solid Waste employees working on non-observed holidays shall receive eight (8) hours of holiday pay at straight time and shall receive time and one-half for each hour worked. Employees will be provided up to eight (8) hours of compensatory time off for those required to work a 10- or 12-hour schedule to help cover those hours used to make up the 40 hour week during a holiday schedule. The City may choose to add these on an annual basis or accrued basis. allowed to use comp time or vacation leave to make up a full forty (40) hour work week. a.
b. Wastewater employees required to work on a holiday shall receive eight (8) hours of holiday pay at straight time and shall receive time and one-half for each hour worked.

Wastewater Operators on the 4-10 shift only will be provided up to eight (8) hours of compensatory time off to help cover those hours used to make up the 40-hour work week during a holiday schedule. The City may choose to add these on an annual basis or accrued basis. Employees will be allowed to use comp time or vacation leave to make up a full forty (40) hour work week.
b. Public Safety Dispatchers who work 3-12’s and 4-12’s shall be provided up to eight (8) hours of compensatory time off to help cover those hours used to make up the 40- hour work week during a holiday schedule. The City may choose to add these on an annual basis or accrued basis.

XII. COMPENSATION FOR WORK ON PAID HOLIDAYS
Regular and probationary employees assigned to work holidays shall receive compensatory time off or pay in lieu of compensatory time off as recommended by the department head subject to the approval of the City Manager, except as otherwise provided in XIX. (J, (2), 1 and 2). All requests for holiday pay in lieu of compensatory time off shall be made by memorandum to the City Manager and approved by him/her in

7.5 Consent Page 19
18 advance of payment by the Finance Department.

XIII. COMPENSATION DURING ATTENDANCE OF A TRAINING COURSE DURING VACATION,

HOLIDAYS, DAY OFF
City employees should feel free to attend training courses that are available during their vacation, holidays or days off if they so desire, however, compensation for training courses held during days off, weekends, vacations or holidays will be authorized only where employees have been directed by the department head to attend such on the following basis:

1. Holidays: Employees directed to attend training courses will be compensated as provided in XVII (K) of this MOU.

2. Vacations: Employees scheduled to attend training courses held during their vacation will be allowed to reschedule their vacation days.

Days Off or Off Duty Shifts: Employees directed to attend training courses on their days off or off duty shifts will be compensated as provided in XVIII I. Whenever an employee is out of the City for a number of days on a training course, such as one (1) week seminars, etc., the regular working schedule has no relationship to working hours which in school, training or in seminars and no special compensation other than regular pay and attendance expenses will be authorized. Under unusual circumstances, deviation from the foregoing procedure may be warranted by department heads, however, only after receiving approval from the City Manager.

N. SICK LEAVE COMPENSATION

1. Upon Honorable Separation: There is no cash value for sick leave other than at retirement
Upon Retirement: An employee having a minimum of ten (10) years of regular service with the City of Tulare shall be allowed the option of cashing out up to thirty (30) days and then placing all other time into an “account” with the City of Tulare.

Funds in the account shall be used to pay retiree health insurance premiums with the City of Tulare. Upon retirement the City shall enter into an agreement with the said retiree showing the balance in the account. While there is money remaining in the account the City shall send a statement to the retiree each December showing the account balance and interest earned on the account. Interest shall be calculated based on the average twelve (12) months (January through December) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on City health insurance shall cancel out and have no cash value.

7.5 Consent Page 20
19 Employee’s choosing not to elect City retiree health insurance can cash out up to sixty (60) days. Any balance not cashed out under either option shall be reported to PERS in equivalent days toward service credit.

O. COMPENSATION FOR TEMPORARY WORK IN HIGHER CLASSIFICATIONS

1. Miscellaneous employees required to work in a higher classification, for a period of seven (7) or more calendar days, shall be compensated at an additional seven and one-half percent (7 ½%) or at the appropriate compensation for the position being filled, whichever is less, for the entire period worked.

Except in an emergency, no employee may be assigned to work out of his/her proper classification without written notification in advance.

In cases of extended absence, an employee assigned to work out of classification and able to perform the duties satisfactorily shall not be removed from the assignment until the absent employee returns to duty.

In cases where any employee feels he/she is working out of classification, said employee must appeal to his/her immediate supervisor writing seven (7) days with a copy of said appeal forwarded to the Human Resources Director.

The parties agree to an assignment pay of ten (10) percent for classifications not traditionally assigned supervisorial duties which serve as lead worker over inmate labor crews for more than eighty (80) per cent of the position’s time.

P. COMPENSATION FOR FRACTIONS OF HOURS WORKED
Fractions of hours worked shall be compensated as follows:
• 0 - 7.5 minutes no payment
• 7–5 - 22.5 minutes .25 hour
• 22–5 - 37.5 minutes .50 hour
• 37–5 - 52.5 minutes .75 hour
• 52–5 - 60.0 minutes 1.00 hour
Q. RETIREMENT COMPENSATION

1. All regular and regular part time employees are members of the Public Employees Retirement System. The employees and the City shall be subject to changes in the exact contributions and benefits, as determined by the system. The actual terms of retirement benefits for miscellaneous members and local safety members shall be determined by retirement system contracts.

7.5 Consent Page 21
20 2. The City of Tulare has contracted with PERS for optional benefits. The coverage key reflects the following changes:

Optional Benefit Miscellaneous

8.1 1 year final comp 01/1992

8.3 Sick leave credit 01/1992

8.4 1959 Survivor 03/21/1975

8.5 Military Sr Credit 76 06/30/1997

8.22 Inc 59 Survivor 07/03/1980

8.44 2% @ 55 retirement formula 06/30/1997

8.48 4th level 1959 Survivor 11/06/1998

8.54 2.7% @ 55 retirement formula 07/01/06
*2.5% @ 55 retirement formula for
new hires
07/01/10
2 W death benefit 02/11/12
2% @ 62 retirement formula (new
employees hired on or after effective
date) 3 year average compensation –
on new hires
01/01/13

3. Employee share to the California Public Employee Retirement System (CalPERS) (Membership definition: Classic - An employee hired by the City of Tulare prior to January 1, 2013. PEPRA – An employee hired after January 1, 2013.) a. Professional and Clerical Unit:

Classic professional and clerical unit members covered under this MOU pay, eight percent (8%) of the employee’s contribution to CalPERS. In addition, Classic professional and clerical unit members covered under this MOU pay, three percent (3%) of the City’s share of CalPERS. The total cost of the Classic employee’s contribution is eleven percent (11%).

PEPRA professional and clerical unit members covered under this MOU pay, six and one-quarter percent (6.25%) of the employee’s contribution to CalPERS. In addition, PEPRA professional and clerical unit members covered under this MOU pay, three percent (3%) of the City’s share of CalPERS. The total cost of the PEPRA employee’s contribution is nine and one quarter percent (9.25%). b. Non-Management Personnel Unit:

7.5 Consent Page 22
21 Classic non-management personnel unit members covered under this MOU pay, eight percent (8%) of the employee’s contribution to CalPERS. In addition, Classic non-management personnel unit members covered under this MOU pay, three percent (3%) of the City’s share of CalPERS. The total cost of the Classic employee’s contribution is eleven percent (11%).

PEPRA non-management personnel unit members covered under this MOU pay, six and one-quarter percent (6.25%) of the employee’s contribution to CalPERS.

In addition, PEPRA non-management personnel members covered under this MOU pay, three percent (3%) of the City’s share of CalPERS. The total cost of the PEPRA employee’s contribution is nine and one quarter percent (9.25%). c. 212Effective January 1, 2013, with CalPERS Pension Reform (PEPRA), new employees will be placed on the appropriate miscellaneous plan consistent with CalPERS Membership requirements. Pursuant to PEPRA regulations, the CalPERS new member Employee Paid Member Contribution (EPMC) is subject to change and may increase. If such changes occur, the City will notify CLOCEA prior to implementation of any rate changes.

R. ACCUMULATION OF PAID IN-LIEU HOLIDAYS
Employees may accumulate a maximum of twenty (20) in-lieu holidays.

S. NON-MANAGEMENT EXEMPT EMPLOYEE
Non-management Exempt status employees required to regularly attend board and/or commission meetings held outside of the normal working hours, upon approval of the department head and the Human Resources Director shall receive fifty-six (56) hours of exempt status leave per fiscal year. Exempt status leave shall be accrued on a bi-weekly basis and have a maximum accrual cap of fifty-six (56) hours.

T. TUITION REIMBURSEMENT
Regular City employees are eligible to receive tuition reimbursement for educational purposes which tend to improve their ability to accomplish their City jobs. Such reimbursement shall be subject to administrative rules and procedures established by the Human Resources Department. The maximum amount for tuition reimbursement under this policy is two thousand five hundred dollars ($2,500) per fiscal year.

U. COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITY BUSINESS City employees may receive compensation for the use of their personal vehicles in City business. Such compensation shall be at the prevailing Internal Revenue Service approved rate and upon approval of the employee’s department head. For further details refer to City of Tulare Travel Policy number 92-03.

7.5 Consent Page 23
22 V. UNIFORM AND TOOL ALLOWANCE

1. Employees in the Fleet Maintenance Division and the Wastewater Treatment Plant who are required to wear uniforms, shall be provided with a uniform laundry service.

Coveralls for Wastewater employees are included in the uniform service.

2. Employees who work with or around heavy equipment will be provided up to a $200250 pair of steel-toed boots which meets the OSHA safety toe standard(s), through Redwing, or similar retailer, to ensure they meet the City’s safety requirements one time per year. Employees are required to wear and maintain said boots in satisfactory condition.

A stipend of two hundred dollars ($200) per year will be provided for employees who work with or around heavy equipment for the purpose of securing steel-toed boots. Designated employees are required to wear and maintain said boots.

3. Effective with the first full pay period in July of 2019, employees in positions requiring use of personal tools shall receive an annual allowance of eight hundred dollars ($800) for broken, lost and/or stolen tools. The only positions where personal tools are required are those in the Fleet Maintenance Division. Those positions are as follows: Mechanic I, Mechanic II, and Lead MechanicFleet Maintenance Supervisor.

Employees in the classification of Facilities Maintenance Technician are provided the necessary tools and equipment needed to perform their job by the City. Effective with the first full pay period of July 2019, employees in this classification shall be eligible to receive up to two hundred and fifty dollars ($250) a fiscal year for specialty equipment/tools that enhance their ability to perform their job functions. In order to receive this allowance, proof of purchase must be submitted to the General Services Director for reimbursement.

4. Uniforms and related articles for employees required to wear uniforms will be provided in the following manner:
a. Five (5) sets of uniforms will be provided to employee initially. Uniforms shall be the property of the City. Cleaning service will be provided at City’s expense at an estimated annual value between one hundred and twenty five dollars ($125) to six hundred dollars ($600) depending upon classification and fees set by service provider.
b. The City will permit flexibility for polo shirts as part of the City provided uniform. c. Uniforms shall be replaced when a worn-out uniform is turned in, and/or a damaged uniform resulting from the course of employment is turned in. d. One (1) set of coveralls shall be provided initially to employees in the Parks and Street Divisions, and two (2) sets of overalls shall be provided initially to

7.5 Consent Page 24
23 employees in the Water Division. Said overalls will be replaced when a worn-out coverall is turned in, and/or a damaged coverall resulting from the course of employment is turned in. Coveralls shall be the property of the City. e. Gloves shall be issued on an as-needed basis and shall be replaced by the City when the worn or damaged pair is turned in.
f. The uniform allowance for employees in the following classifications:

Evidence Technician, Senior Evidence Technician, Police Office Assistant, Police Receptionist, Property Room Assistant, Public Safety Dispatcher, Public Safety Dispatch Supervisor, Community Services Officer, Police Records Specialist, Fire Inspectors and Code Enforcement Officer, shall be three hundred and fifty dollars ($350) per year. The City shall bear the costs of any changes made to uniforms during the year if the uniforms are required by the City to be worn before the next allowance is provided.
g. One (1) orange safety jacket will be provided initially to employees working in street rights-of-way. Said jacket will be replaced when the worn-out jacket is turned in, and/or a damaged jacket resulting from the course of employment is turned in. Jackets shall be the property of the City.

4. Any additional uniforms needed shall be supplied at the employee’s expense. The City shall establish such regulations and procedures needed for the administration of the uniform allowance procedures.

W. DEFERRED COMPENSATION
All regular employees may, at the employee’s request, be included in a voluntary Deferred Compensation Plan whereby the employee may provide for the deferral of a specified amount of their current income to be invested and the payment of such deferred amount and interest thereon to be made at a later date. Said Deferred Compensation Plan shall be subject to approval by the Internal Revenue Service. Implementation of the plan does not involve any cost or charge to the City.

Starting the first full pay period of July 2026, the City shall contribute fifty dollars ($50.00) per pay period to the employees deferred compensation account without a required match. City will provide the contribution to an established 457 Deferred Compensation provider to each employee as determined by the City upon 1) Completion of probation and 2) All enrollment forms completed by the employee. If an employee opts out of this benefit, or fails to complete the enrollment forms, the City will not be obligated to provide this benefit.

X. CERTIFICATION PAY
Employees in the following classifications shall be eligible to receive a maximum of five (5) percent certification pay. Certification pay shall be paid by achieving certification not required in the employee’s current classification but the classification above the employee’s current level. Classifications eligible for this benefit are as follows:

7.5 Consent Page 25
24 • Wastewater Treatment Plant Operators: Grades I, II, III, IV, V • Wastewater Maintenance Workers: Grades I, II
• Wastewater Collection Maintenance Workers I, II, III
• Water Utility Maintenance Worker I, II (both treatment and distribution) • Water Treatment Technician (both treatment and distribution) • Water Utility Supervisor (Treatment)
Employees are required to submit a copy of their certification to their department head for approval and then forwarded to the Human Resources Department for processing.

Employees in specified classifications that have a Class A or Class B license that would benefit the department by having them at time of promotional opportunities and for occasional driving duties will be eligible for two-half percent (2.5%) certificate pay and be eligible for the City to pay for the employee’s annual physical to keep the employee’s license current. The classifications to receive this pay shall be determined solely by the Department Head.

Prior to receiving this certificate pay and performing any safety sensitive functions, eligible employees will need to submit to the requirements of any DOT/Federal regulations required for their license type. Should the employees license expire, the certificate pay will cease.

Police Dispatcher(s) serving as a Certified Training Officer (CTO) be compensated at a three percent (3%) differential and that the differential pay be paid for any full shift, regardless of the number of hours worked where training was provided.

Y. BILINGUAL PA PAY

The City will compensate designated positions fifty dollars ($50) per month after qualifying by passing the examination administered by the Human Resources Department. The City will designate the positions that will be eligible for bilingual pay.

Z. COMMERCIAL DRIVER’S LICENSE PILOT PROGRAM
The City will commence a pilot Commercial Driver’s License Program for the term of this agreement. An administrative policy outlining the terms and conditions of the program will be prepared. The City will pay actual cost up to a maximum for the following licenses:
• Unrestricted Class A - $4,000
• Upgrade from Class “B” to Class “A” - $2,000
 Commercial Class “B” - $2,500
XIX. ANNUAL VACATION LEAVE
A. PURPOSE OF ANNUAL VACATION LEAVE

7.5 Consent Page 26
25 The purpose of an annual vacation is to allow an employee time to both mentally and physically refresh himself/herself in order that he/she be better able to carry out the duties of his/her position. To achieve this goal, it is the intention of the City to have the employee schedule a vacation for periods of at least one week.

B. ELIGIBILITY FOR ANNUAL VACATION LEAVE
All regular employees and probationary employees (upon the completion of six (6) months of continuous service), shall be eligible for vacation leave. The amount of time available for an employee’s vacation shall be accumulated through the month immediately preceding the month in which the employee’s vacation falls.

C. ACCRUAL OF ANNUAL VACATION LEAVE
Vacation leave shall be accrued and credited monthly by all eligible employees who are on pay status for fifty percent (50%) or more of that month. (Regular part-time employees earn their vacation on a pro-rated basis depending upon allocated position). Former City of Tulare full-time employees who return to the City will be granted previous years of continuous service credit for time actually worked from any other City or County agency if they separated in good standing (time on leave, etc. will not be counted) Employees eligible for vacation as defined above shall accrue vacation at the following rates:

Vacation Leave Accrual Rates in
Hours
Years
of
Service
Yearly
Accrual
Monthly
Accrual
BiWeekly
Accrual
1 to 4 80 6.66 3.07
5 88 7.33 3.38
6 96 8.00 3.69
7 104 8.66 4.00
8 112 9.33 4.30
9 to
15 120 10.00 4.61
15 160 13.33 6.15
D. ACCUMULATION OF ANNUAL VACATION LEAVE
Employees may carry over a maximum accumulation of one year’s annual vacation leave, for a maximum credit of two (2) years annual leave. If vacation is denied due to a City related emergency, such vacation may be carried over into the following year as approved by the Department Head, if necessary.

Maximum Accumulation of Vacation Leave

7.5 Consent Page 27
26 Years
of
Service
Yearly
Accrual Maximum Accrual
1 to 4 80 160 hours
5 88 176 hours
6 96 192 hours
7 104 208 hours
8 112 224 hours
9 to15 120 240 hours
15 160 320 hours
E. SCHEDULING OF VACATION LEAVE

Employee vacations are provided only upon request and must be approved in advance by the employee’s Department Head/Division Manager. Early requests are an aid in scheduling.

F. WORKING DURING VACATION LEAVE
The City shall discourage any employee from working for another employer during his/her vacation. At no time will an employee be permitted to work for the City during his/her vacation and receive double compensation.

G. HOLIDAYS WITHIN VACATION LEAVE
When a recognized City holiday falls within an employee’s vacation for which he/she normally would have been excused from work, that day shall not be charged as a day of vacation.

H. ILLNESS WITHIN VACATION LEAVE
If an employee becomes ill or injured during his/her vacation leave which requires hospitalization or medical attention, those days for which proof of such hospitalization or medical attention is furnished shall not be charged as annual vacation but shall be charged as sick leave. Employees shall notify their Supervisor/Manager at the time this occurs.

I. PAYMENT OF ANNUAL LEAVE UPON TERMINATION
Employees who terminate employment shall be paid for any accrued vacation. Payment for accrued vacation upon termination shall be at the employee’s current hourly rate of pay and be paid with their last paycheck with the City.

J. EFFECT OF EXTENDED MILITARY LEAVE
An employee who interrupts his/her service to the City because of an extended military

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27 commitment, shall be compensated for accrued vacation leave upon separation from service to the City.

XIX. SICK LEAVE
A. STATEMENT OF POLICY
Sick leave is provided as a benefit for use with specific healthcare issues, and must be approved by the department head. Sick leave for employees shall be allowed only as necessary for actual personal illness or injury or medical or dental treatment. Sick leave shall be allowed to a maximum of six (6) days (forty-eight (48) hours) per year due to family illness in the immediate family (Family Sick Leave). Family Sick Leave may be used to actually care for or arrange for the care of family members who are ill and cannot care for themselves, or to take family members to routine medical or dental appointments.

The City’s definition of immediate family members (as outlined in California Labor Code, Chapter 245.5) is:

1. A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.

2. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
• A spouse.
• A registered domestic partner.
• A grandparent.
• A grandchild.
• A sibling.
• A designated person, which for purposes of this section, means a person identified by the employee at the time the employee requests paid sick days. The City limits an employee to one designated person per 12-month period for paid sick days.

B. ELIGIBILITY FOR SICK LEAVE
Regular, Regular Part Time and Probationary (upon completion of threesix (36) months of continuous service) shall be eligible for sick leave with pay.

C. ACCRUAL OF SICK LEAVE
Sick leave shall be accrued and credited monthly by all eligible employees who are on a pay status for fifty percent (50%) or more of that month. Those employees eligible for sick leave, as defined in Section XIX (B), shall accrue sick leave at the rate of eight (8) hours per month. Employees in regular part-time allocated positions shall earn sick leave on a pro-rated basis, based upon the allocation of their position.

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28 D. ACCUMULATION OF SICK LEAVE
There shall be no maximum on the amount of sick leave an employee may accumulate.

E. HOLIDAYS WITHIN SICK LEAVE
When a recognized City holiday falls within an employee's bonafide use of sick leave for which he/she normally would have been excused from work, that day shall not be charged as a day of sick leave.

F. USAGE OF SICK LEAVE
Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave.

G. DEDUCTION OF SICK LEAVE
Sick leave shall be deducted at the rate of one (1) hour sick leave for each hour absent.

H. VERIFICATION OF SICK LEAVE USAGE
The City reserves the following rights with regard to control and verification of appropriate sick leave usage:

1. The City may require that any employee who uses more than two (2) consecutive days of sick leave to provide a physician’s certification of the employee’s illness.

2. The City may formally place an employee “on sick leave restriction” whereupon, for a period of time, the employee may subsequently be required to provide the City a physician’s certification of illness for each incidence of sick leave usage, regardless of the amount of time off work. In determining whether or not to place an employee “n "sick leave restriction", the City agrees to consider not only gross usage and so-called "patterns of usage", but also extended illness, major medical problems and incidents of family sick leave.

I. WORKERS COMPENSATION
An employee who is absent from work by reason of an injury or illness covered by Worker’s Compensation shall continue in pay status under the following provisions:

1. The employee shall continue to receive his/her regular paycheck as long as he/she remains on pay status; provided, however, that such employee assigns to the City any and all Worker’s Compensation payments received by the employee.

2. The employee’s accumulated sick leave shall be reduced in an amount corresponding to the percent of the employee’s salary being paid by the City.

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29 3. The employee will continue in pay status and receive his/her regular rate of pay until his/her accumulated sick leave, compensatory time and vacation days have been depleted to the nearest one-half (1/2) day.

4. During the time the employee is in pay status while absent from work by reason of injury or illness covered by Worker’s Compensation, he/she shall continue to accrue sick leave and vacation benefits as though he/she were not on leave of absence, but shall not receive credit for holidays.

5. An employee who depletes his/her accumulated sick leave, compensatory time, holidays, and vacation days to maintain pay status while absent from work by reason of an injury or illness covered by Worker’s Compensation shall be removed from pay status and be covered under the provisions of XX (J) of this MOU.

J. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION BENEFITS Upon depletion of accumulated sick leave, compensatory time and vacation for any injury or illness and upon the recommendation of the employee’s department head, an employee may be placed on medical leave of absence without pay for a period not to exceed sixty (60) days. If the employee is unable to return to work at the end of this period, he/she must request medical leave which shall be subject to approval of the City Manager. If further leave is granted, the employee must notify the City of his/her intent to return every thirty (30) days. If further leave is not granted, the employee’s service with the City shall be considered terminated.

K. EMPLOYEE REHABILITATION
The City shall provide a rehabilitation program for industrially injured employees pursuant to Section 139.5 of the California Labor Code. Employees unable to return to their previous position shall be interviewed for an available position, if said employee submits a timely application and meets the minimum qualifications for such position.

The above procedure applies for a period of eighteen (18) months. The employee’s name shall be placed on a mailing list for the period designated above.

L. COMPENSATION FOR SICK LEAVE UPON TERMINATION
There is no cash value to sick leave other than what is listed under “Sick Leave Compensation Upon Retirement”.

XXI. OTHER LEAVES OF ABSENCE
A. LEAVE OF ABSENCE WITHOUT PAY
Leave of absence without pay may be granted in cases of emergency where such absence would not be contrary to the best interests of the City. Such leave is not a right

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30 but a privilege. Employees on authorized leave of absence without pay may not extend such leave without the expressed approval of the City Manager. No vacation shall be used for illness occurring during such leave.

1. Approval of Department Head: Leave of absence without pay for one (1) week or less may be granted by the department head, depending on the merits of the individual case. Such leave shall be reported to the Human Resources Director.

Approval of City Manager: Leave of absence without pay in excess of one (1) week’s duration may be granted by the City Manager on the merits of the case, but such leave shall not exceed twelve (12) months’ duration.

B. ABSENCE WITHOUT LEAVE
Absence without leave shall be considered to be without pay and reduction in the employee’s pay shall be made accordingly. Absence without leave for more than three (3) consecutive days may result in termination of employment.

C. LEAVE OF ABSENCE: DEATH OUTSIDE OF THE IMMEDIATE FAMILY Leave without pay may be granted a regular employee by his/her department head in the event of death of family member, other than the immediate family, such leave to be granted in accordance with XXI (A) of this MOU>
D. MATERNITY
Leave of absence for maternity will be covered under the provisions of XX (A and G) of this MOU. An employee may work until she has been advised by her doctor to cease working. The employee may continue on sick leave either until the doctor gives written permission to return to work or until benefits afforded under City, State and Federal law are exhausted.

E. EMPLOYEE'S TIME OFF TO VOTE
Time off with pay to vote at any general, special, direct primary or Presidential primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said code.

F. JURY DUTY: LEAVE OF ABSENCE
Employees required to report for jury duty shall be granted a leave of absence from their normal shift with pay, provided the employee remits to the City all fees received for such duties, other than mileage or subsistence allowance, within thirty (30) days from the termination of his/her jury service. Employees are required to provide the City a copy of

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31 the subpoena prior to serving jury duty. Employees released from jury duty shall report back to work if more than two (2) hours of their regular shift remains at the time they are released if the court they are serving is within a thirty (30) minute commute time from the employee’s assigned work site.

G. SUBPOENAS: LEAVE OF ABSENCE
Regular employees who are subpoenaed to appear as witnesses in a court trial may be granted a leave of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the City within thirty (30) days from the termination of his/her service. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.

H. BEREAVEMENT LEAVE
The City shall allow an employee to be absent from work with pay for a maximum of three (3) days for a death which occurs within the State of California. If the death occurs outside the State of California and an employee must travel outside the state, a maximum of five (5) days with pay shall be allowed. Bereavement leave is allowable in the case of a death of an immediate family member which for bereavement only shall be defined as a father, mother, step mother, step father, sister, brother, husband, wife, son, daughter, step child, father-in-law, mother-in-law, or any in-law or relative with whom the employee resides.

Employees shall be granted one (1) day from work for the death of a relative. A relative is a grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, and daughter-in-law.

If additional time is required for any of the above, the employee with the Department Head approval may take sick days as needed in compliance with Section XX (B) and (I). All other uses of bereavement leave i.e., aunt, uncle, niece, nephew etc. shall be vacation time or other leave banks other than sick leave.

The leave does not need to be taken consecutively. The employee must complete the bereavement leave within three months of the family members’ date of death. Three of the five days are paid except for out of State in which case all 5 days are paid. However, you may use accrued paid sick leave or vacation, personal leave, or other accrued leave balances. Even if you do not have paid leave, you still have the right to the time off.

I. EDUCATIONAL LEAVE
Employees may receive paid leave to attend courses, seminars and/or workshops for conventions, which enhance their knowledge, skills or performance in relation to their job. The determination as to when and whether an employee is granted leave shall be made by the department head.

XXII. LAYOFF

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32 A. An employee may be separated from City employment because of a shortage of work, lack of funds or department reorganization. Notice of such separation shall be given to the affected employee at least thirty (30) days prior to the effective date of separation.

Separation under this policy shall not be subject to formal appeal.

B. In any such reduction in personnel, seniority shall be observed. The sequence of layoff shall be in the reverse order of total cumulative time the employee has worked for the City of Tulare, upon the effective day of the layoff. Total cumulative time shall include the employee’s time served in probationary and regular status and time served on military leave while employed with the City.

C. For seniority purposes regular part-time employees shall be converted on an hour to hour comparison to establish seniority (Example: a twenty (20) hour per week employee shall only be credited with six (6) months’ worth of seniority for each year they are employed in a twenty (20) hour position)
D. Employees subject to layoff may move to vacant City positions if the employee is fully qualified. Employees may also “bump” other employees equal to or in a lower classification having less seniority, provided that the separated employee is fully qualified and capable of performing the work of the new position. Those unable to move to a new position will be placed on the Reemployment List. The Reemployment List shall be defined as the names of those employees who have been laid off under the terms of this police.

E. Employees who are bumped through this process shall have the same rights to “bump” others according to these rules, or be placed on the reemployment list.

F. Any employee displaced by layoff who qualifies and elects to fill a vacant position, bump to a lower classification, or return to work from the reemployment list, will be subject to a six (6) month probationary period. Failure to pass probation will result in a return to the reemployment list with placement there by seniority.

G. The acceptance of a part-time appointment shall not prejudice the opportunity for full time employment. Such employees shall remain on the reemployment list as governed by this document.

H. Any laid off employee refusing an offer of full time employment will be moved to the bottom of the reemployment list.

I. Employees who have been laid off or bumped and are qualifying to return to work from the reemployment list shall, for one (1) year from the date of separation, have three (3) priority points added to their final examination score.

J. The City shall pay for health insurance in the same manner as any normal employee for a period of three (3) months if the laid off employee has less than ten (10) years of service

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33 with the City, or for six (6) months if the employee have ten (10) or more years of such service. This coverage begins with the effective separation date of the employee.

K. Those separated through layoff or being bumped, will be placed on a mailing list and notified of City vacant positions for a period of eighteen (18) months from their date of separation with the City.

L. The City agrees that the Union shall have access to the reemployment list as it may pertain to bargaining unit members and may participate in the reemployment process on behalf of Union members.

XXIII. DISCIPLINARY PROCEEDINGS
A. DISCIPLINARY ACTION: DEFINITION
As used in this chapter, "disciplinary action" shall mean discharge, demotion, reduction in salary, reprimand, disciplinary probation or suspension.

B. CAUSES FOR DISCIPLINARY ACTION
Causes for disciplinary action against any employee may include, but not be limited to, the following:

1. Unauthorized absence or tardiness.

2. Failure to report absences from work or failure to return immediately from authorized leave.

3. Failure to follow the instruction of a supervisor, manager or other proper authority.

4. Disorderly conduct on City premises or while on duty elsewhere, such as, but not limited to, fighting and use of abusive or threatening language.

5. Possession, use, receiving, distributing or being under the influence of alcoholic beverage or drugs while on duty.

6. Falsifying or altering City records, including, but not limited to, employment, medical, pay and benefit records, or permitting one’s time card to be recorded by another employee.

7. Intentional harm to City or other's personal property.

8. Theft.

9. Dishonesty.

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34 10. Violation of safety rules

11. Unauthorized removal of City documents, records or other property.

12. Negligent or careless performance of duties.

13. Failure to meet acceptable standards of performance.

14. Failure to observe work schedules or assignments.

15. Misuse of City property.

16. Unauthorized departure from job, department or City premises.

17. Loitering or sleeping on the job.

18. Gambling on City's premises or while on duty elsewhere.

19. A personal appearance or mode of dress that is unkempt to the point of being detrimental to the business environment of the City.

20. Allowing unauthorized individuals to ride in City's vehicles.

21. Discourteous treatment of the public or other employees.

22. Violation of any provisions of these working rules and regulations, administrative policies or written departmental rules and regulations.

C. PERSONS BY WHOM DISCIPLINARY ACTION MAY BE TAKEN
The City Manager or any department head may take disciplinary action against an employee under his/her control for one (1) or more of the causes for discipline specified in this article.

D. PROCEDURE PRECEDING IMPOSITION OF DISCIPLINARY ACTION Prior to initiating any disciplinary action, excluding reprimands, against an employee having regular status, the City Manager or department head shall serve written notice on the employee, personally or by certified mail, at least seven (7) calendar days prior to the effective date of the disciplinary action. The written notice shall include:

1. A description of the action to be taken and the effective date or dates.

2. A statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based.

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35 3. A statement advising the employee of the right to respond, either verbally or in writing, to the disciplining authority prior to the effective date of the proposed discipline. (Skelly Procedure).

4. A statement advising the employee that he/she may represent himself/herself or may be represented by a person of his/her choosing.

5. A statement that a copy of the materials upon which the proposed action is based in attached or available for inspection upon request.

6. A statement that if the proposed discipline is imposed, the employee has a right to appeal.

Upon request of the affected employee, the City Manager or department head may extend the response from the employee provided that such extension will have no detrimental effect on the City.

E. IMPOSITION OF DISCIPLINARY ACTION
Upon expiration of the period allowed for employee response and after having given consideration to any response filed by the affected employee, the City Manager or department head may impose appropriate disciplinary action.

F. EXTRAORDINARY CIRCUMSTANCES

1. In those extraordinary circumstances wherein the City Manager or department head determines that the nature of the employee's act or the charges against him/her are such as to require the employee's immediate removal from the job site, the employee may be placed on leave with pay pending service of the notice of disciplinary action and the effective date of the disciplinary action. In the case that discipline is imposed and upheld, such leave shall be charged as vacation leave.

2. In those instances where it is determined that immediate disciplinary action is necessary against and employee as a result of accusations against such employee which would constitute a felony or a misdemeanor involving moral turpitude, the City Manager may impose disciplinary action without compliance with the provisions set forth in XXIV (D) of this MOU. (Procedure Proceeding Disciplinary Action).

3. If, in the opinion of the City Manager or the department head, the employee's behavior is such that he/she is temporarily unable to perform his/her job and the intent is to remove him/her from the job site until he/she is able to return and function adequately, said employee may be placed on sick leave and sent home until determined by the City Manager or department head that he/she is able to function adequately.

G. RIGHT OF APPEAL
A regular employee shall have the right of appeal to the Human Resources Director from any disciplinary action taken by his/her department head under this chapter. Such appeal

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36 must be filed with the Human Resources Director within ten (10) working days after receipt of the written notice of such disciplinary action. The appeal must be in writing and must state specifically the reasons upon which it is based.

H. RIGHT OF APPEAL: HEARING
Upon receipt of a written appeal from an affected employee, the Human Resources Director shall arrange for a hearing as provided in this chapter. Said hearing shall be conducted as soon as possible after receipt of the written appeal. The Human Resources Director shall arrange for the selection of a Hearing Officer utilizing the services of the American Arbitration Association or State Mediation and Conciliation Services to conduct the hearing and issue a binding decision. Hearings shall be conducted under the voluntary rules of the American Arbitration Association
I. RIGHT OF APPEAL: REPRESENTATION

The appellant employee shall have the right to appear personally or to be represented by counsel or by anyone else of his/her choosing, including other City employees, with the exception of supervisory, management and confidential employees.

J. RIGHT OF APPEAL: FAILURE OF EMPLOYEE TO APPEAR
Failure of the appellant to appear at the hearing shall be deemed a withdrawal of his/her appeal and the action of the City Manager or department head shall be final.

K. RIGHT OF APPEAL: DECISION
The Hearing Officer shall render a decision within thirty (30) days after the conclusion of the hearing or after receipt of the official hearing transcript. The Hearing Officer’s decision shall be final and conclusive. A copy of such decision shall be forwarded to the appellant.

If the disciplinary action taken against the employee is reversed or modified by the Hearing Officer, the employee shall be compensated in all or in part for the time lost as determined by the Hearing Officer. Any appeal of the Hearing Officers decision through judicial review must be filed within ninety (90) days of said decision pursuant to the Code of Civil Procedures Section 1094.6.

L. EFFECT OF DISCIPLINARY ACTIONS

1. Verbal Reprimand: Employees may receive a verbal reprimand.

2. Written Reprimand: Employees receiving a written reprimand shall have a copy filed in his/her personnel file kept in the Human Resources Department. The employee shall initial a copy of the reprimand prior to its filing, indicating that he/she has read the reprimand. The employee shall have the right to enclose a written response to the reprimand in his/her personnel file.

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37 3. Disciplinary Probation: Employees placed on disciplinary probation shall not accrue vacation, sick leave or earned time for salary review while on such probation.

4. Suspension: Employees suspended from the municipal service shall forfeit all rights, privileges and salary while on such suspension with the exception of group health and life insurance benefits.

5. Salary Reduction: Employees who have had their salary reduced shall receive the lowered salary until such time as the department head or City Manager determines that an increased salary is merited.

6. Last Chance Agreement: The City and the affected employee may negotiate a “Last Chance” agreement.

7. Discharge: Employees terminated according to this MOU and/or other applicable City Rules and Regulations, shall be paid salary for vacation and worked holidays accumulated to the effective date of termination
M. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARY ACTION AGAINST MUNICIPAL

EMPLOYEES

1. In the interest of preventing undue embarrassment and subsequent loss of ability to perform City work effectively, the following policy will prevail regarding release of information to the news media on personnel actions:
a. No information shall be released without prior approval of the City Manager. b. No information will be released until final action has been determined and taken. c. Even after final disposition of the matter, no details will be released other than the exact nature of the action taken.

2. The foregoing personnel procedure is sanctioned under the Ralph M. Brown Act and related laws. The Attorney General’s opinion interpreting Government Code Section 54957 is as follows:
"The purpose of SEC. 54957 is to protect individual public employees and officers from unfavorable publicity, and to permit private inquiry into the employee's activities, or investigation of charges against such employee’s."
N. INFORMAL COUNSELING WITH THE CITY MANAGER
Nothing in these rules and regulations shall prohibit the City Manager from meeting informally with an employee regarding possible disciplinary action in order to attempt to

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38 resolve the problem.

O. NON-APPLICABILITY
The provisions of this section shall not apply to reductions in the work force or reductions in pay which are part of a general plan to reduce or adjust salaries and wages.

XXIV. MISCELLANEOUS
A. REPORTS OF CHANGE OF STATUS
All actions involving employment and change in status of employment shall be reported by the department head to the Human Resources Director on City of Tulare Personnel Action Forms. Copies of such reports shall be furnished to the employee involved.

B. DAMAGE CLAIMS
Any employee of the City of Tulare filing suit for damages arising from occupational injury shall notify the Finance Director of the amount of damages collected from such suits in order that all expenses paid by the City may be recovered.

C. GRATUITIES
No officer or employee of the City shall solicit or accept any gratuity for services rendered.

D. OUTSIDE EMPLOYMENT
Any regular employee desiring to engage in regular outside employment shall first obtain non-City conflict job approval for his/her department head. The employee shall submit a statement to his/her department head on a standard City form, naming the prospective employer, his/her address and telephone number and outline the proposed duties and the hours of work. Approval may be denied if, in the opinion of the department head, such outside employment is incompatible with the proper discharge of the employee's official duties. All such approvals shall be subject to review by the Human Resources Director and shall be resubmitted prior to January 10 each year to maintain a valid, continuous authorization.

E. CONFLICT OF INTEREST
All designated employees shall comply with departmental conflict of interest codes or the applicable regulations adopted by the Fair Political Practices Commission.

F. HEALTH, DENTAL AND VISION

1. For those employees covered under this MOU who are enrolled for dependent

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39 coverage, the City shall contribute sixty-five percent (65%) of the premium per month toward the employee’s health, dental, vision and life insurance and dependent health, dental, vision and life insurance costs. The employee shall contribute thirty-five percent (35%) per month toward the cost of dependent insurance coverage.

2. For those employees covered under this MOU who are not enrolled for dependent insurance coverage, the employee shall pay twenty-five dollars ($25) per month and the City shall pay the balance of the employee health, dental, vision and life insurance cost. Regular part-time employees assigned to work less than the standard forty (40) hour work week, shall pay a proportional share of the employee premium.

3. Employees hired after June 23, 1984, upon retirement shall pay one hundred (100%) percent of the total costs of the health insurance premium (with or without dependent coverage). Any increases in future premiums after retirement shall be borne by the retiree. Effective July 1, 2000, in order to be eligible for said benefits, the employee must directly retire, be at least fifty-five (55) years of age and have provided ten (10) years of service to the City of Tulare.

4. Employees may buy back vacation time for incurred medical costs under the following conditions:
a. Employee may exchange up to four (4) weeks, one hundred and sixty (160) hours annually for out of pocket medical expenses.
b. An exchange may not reduce and an employee’s vacation bank to less than forty (40) hours.
c. Routine withholding taxes will apply.
d. An employee must incur a minimum of one thousand dollars ($1,000) out of pocket expenses to be eligible for buy back.
e. Absent an emergency (a one-time expense of more than $1,000) all exchanges will take place in May with payment to the employee by the first full pay period in June. In an emergency, the exchange and payment to the employee shall be processed within one (1) month of notification to the Human Resources Department. Copies of current bills (May 1 through April 30) must be submitted to substantiate the need for the vacation exchange.

If the health insurance administrator recommends future rate increases or program modifications to be implemented, he/she shall make a recommendation to the Health insurance Committee stating the reasons why such an increase or changes are recommended. The Health Insurance Committee shall then make a recommendation to the City Manager within thirty (30) calendar days after receipt of said recommendation.

The City Manager will make a decision based on the information provided and present it to the City Council for implementation. The City and employees agree to pay any

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40 increased costs in the same proportion as the current contribution.

F. INSURANCE - LIFE
Life insurance for non-management employees shall be provided at $20,000. The City will bear the cost of the premium for said term life insurance.

G. RETIREMENT
All regular and regular part-time employees are member of the Public Employees’ Retirement System. The employees and the City shall be subject to changes in the exact contributions and benefits, as determined by the system. The actual terms of retirement benefits for miscellaneous members shall be determined by retirement system contracts.

H. PERSONNEL FILES
An employee or his/her recognized employee representative, with the written consent of the employee, shall be entitled to review his/her personnel folder upon request. The employee shall, in advance, be advised of, entitled to read and respond to all statements written by the employee's supervisor, department head or fellow employee of his/her work performance or conduct if such statement is to be placed in the employee's file. No such material shall be filed until an employee has had the opportunity to review and respond to such material. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents.

At the conclusion of three (3) years and upon sustained improvement, an employee may request that non-substantial disciplinary documents (written reprimand, and suspension or reduction in pay of forty (40) hours or less) be removed from the personnel file. Such requests must be submitted in writing to the Human Resources Director.

At the conclusion of five (5) years and upon sustained improvement, an employee may request that substantial disciplinary documents (demotion, suspension or reduction in pay of more than forty (40) hours) be removed from the personnel file. Such requests must be submitted in writing to the Human Resources Director.

I. POSITION RECLASSIFICATION

1. Position Reclassification
An employee who believes his/her position is wrongly classified may submit a written request to his/her supervisor for reclassification. Requests shall state the reason the employee believes the present class is not appropriate and which class the employee believes is appropriate, based on the employee's present duties. Requests must be made to the Human Resources Director in January or February so that changes may

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41 be presented to the City Council in July.

2. Classification Analysis
The supervisor shall forward the request to the department head. The department head shall then request that the Human Resources Department conduct a classification analysis. When the classification analysis is completed, a written response will be sent to the employee and the department head. The City shall endeavor to complete the analysis as soon as practicable.

3. Appeals
If the employee disagrees with the response of the Human Resources Director, he/she may appeal to the City Manager in writing. The written appeal must state the reasons why he/she feels that the Human Resources Director's findings were incorrect. The City Manager may review the appeal, assign it to his designee or establish an advisory committee to review the matter. The decision of the City Manager shall be final.

J. EMPLOYEE ASSISTANCE PROGRAM POLICY
The City recognizes emotional, medical and substance abuse (alcohol and drugs) problems as treatable conditions. An employee's problem with alcohol and drug abuse, etc., will be a concern only when it manifests affect upon his/her job performance. There is no desire on the part of the City to intrude into the employee's private life. However, if personal problems being to impact job performance, the Employee Assistance Program provides the employee with a possible alternative to disciplinary action. It is expected that the responsibility for recovery rests with the employee. Employees who suspect that they have a problem will take advantage of diagnostic, counseling and assessment services made available through the Employee Assistance Program.

K. FLEXIBLE BENEFITS PROGRAM
The City shall maintain a flexible benefits program in accordance with Section 125 of the Internal Revenue Code. The employees shall be responsible for the monthly cost.

Participation in the flexible benefits program is available to all employees covered under this MOU.

L. VEHICLE USE POLICY
The City Manager shall determine the allocation of usage of City owned vehicles in accordance with the business needs of the City. All City owned vehicles shall be operated in conformance with administrative policy, unless the use of a vehicle is otherwise controlled by contractual agreement or other policy adopted by the City Council. The City Manager shall be the responsible authority for interpretation and implementation of adopted vehicle use policies.

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42 M. ADMINISTRATION FEE
The Union agrees to allow the City of Tulare to recover $1.00 administrative fee allowed by law for garnishments.

N. LABOR MANAGEMENT MEETING
The parties agree that representatives of the City and Members of the CLOCEA Board of Directors (no more than six (6) employees) will meet bi-monthly (August, October, December, etc.) to discuss issues of common interest and improve communications.

Under no circumstances are these meetings to be interpreted as “Meet and Confer” events.

O. UNION DUES AND RIGHTS

1. Dues
Dues paid by members of CLOCEA shall be deducted by the City from the City warrants of those employees in this unit who are members of CLOCEA who elect to have their dues deducted in this manner. The City shall transmit the dues deducted to CLOCEA.

CLOCEA shall notify the City, in writing, as to the amount of dues uniformly required for members of CLOCEA who choose to enroll in membership.

CLOCEA shall submit to the City, a certified list of dues paying members which will be used by the City to determine from which employees to deduct monthly union dues.

The amount of dues shall be determined by CLOCEA and the City shall implement any change in the first pay period which commenced thirty (30) days after the Finance Director receives written notice of the change.

The City shall deduct the dues from twenty-six (26) bi-weekly pay warrants of each employee covered under this MOU whom CLOCEA has certified as dues paying members. All dues deducted shall be promptly transmitted by the City to CLOCEA.

The employee’s earnings must be sufficient after required deductions are made to cover the amount of dues authorized. When an employee is in a non-pay status for an entire pay period, no deductions under this Article will be taken.

The City shall notify CLOCEA promptly of any employee who, because of a change in employment status, is no longer a member of CLOCEA, or who is no longer subject to the provisions of this article.

2. New Employee Orientation
The City will disseminate the current CLOCEA MOU to each CLOCEA covered employee, during the New Employee Orientation process. In addition, CLOCEA will

7.5 Consent Page 44
43 be notified when an orientation session is scheduled and make time available during that process for CLOCEA representatives to meet with the new employee(s), at the Union’s request.

Q. REVISED AND/OR NEW PERSONNEL POLICIES
The Union agrees to meet, discuss and participate in revisions and/or the development of the following personnel policies: Harassment and Discrimination, Substance Abuse, Discipline, Recruitment, Grievance and Compensation.

R. LEAVE BANK DONATIONS
Under the City’s Leave Donation Policy, eligible employees needing donated leave shall submit all necessary paperwork directly to the Human Resources Department.

S. ELECTION RULES
An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing employees in an appropriate unit shall be subject to the City Rules and Regulations for Election Procedures. No petition for purposes of decertifying the existing formally recognized employee organization may be submitted during the term of the Agreement except as provided by the Rules and Regulations of the City of Tulare.

T. TIME CLOCKS
The City and CLOCEA agree that time clocks will be installed for employees in the Public Works and Animal Control department in order to reflect a true and accurate recording of an employee’s time worked for pay purposes. The timeframe for time clock implementation is after January of 2020. The City and CLOCEA prepared awill work to design a procedure/policy that outlines the use of time clocks prior to the use of time clocks and employees should defer to the policy for more information.

XXV. GRIEVANCE PROCEDURE
A. PURPOSE OF CHAPTER
Grievance procedures for employees covered under this MOU are provided herein:

1. To promote improved employer/employee relationships by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

7.5 Consent Page 45
44 2. To afford employees, individually or through qualified employee organizations, a systematic means of obtaining further considerations of problems after every other reasonable effort has failed to resolve them through discussions.

3. To provide that grievances shall be settled as near as possible to the point of origin.

4. To provide that grievances shall be resolved at the lowest possible supervisory or administrative level.

B. MATTERS SUBJECT TO GRIEVANCE PROCEDURES
For the purposes of this section, a grievance shall be considered as any matter for which appeal is not provided for, or prohibited, in the personnel ordinance concerning:

1. A dispute about the interpretation or application of any ordinance, rule or regulation governing personnel practices or working conditions.

2. A dispute about the practical consequences of a City decision on wages, hours and other terms and conditions of employment.

3. A decision affecting the employment of any regular or probationary employee over which his/her appointing power has partial or complete jurisdiction.

C. INFORMAL GRIEVANCE PROCEDURE
Every effort should be made to find an acceptable solution by informal means at the grievance or complainant through discussions with his/her immediate supervisor within fifteen (15) days of the incident in question. If, after such discussion, the employee is not in agreement with the decision reached through such discussion, he/she shall have the right to file a formal written grievance within ten (10) calendar days following the receipt of the informal decision.

D. FORMAL GRIEVANCE PROCEDURE
Formal grievance procedure, after exhaustion of the informal grievance procedure, shall proceed as follows:

1. First Level of Review
A grievance shall be presented, in writing, to the employee’s immediate supervisor which shall render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. If the employee does not agree with his/her supervisor’s decision, or if no answer has been received within fifteen (15) calendar days, the employee may present the appeal, in writing, to his/her supervisor’s immediate superior. Failure of the employee to take

7.5 Consent Page 46
45 further action within the (10) calendar days after receipt of the written decision of his/her supervisor, or within a total of twenty-five (25) calendar days if no decision is rendered, will constitute a withdrawal of the grievance.

2. Second Level of Review
The supervisor receiving the grievance shall review it, render his/her decision and comments, in writing, and return them to the employee within fifteen (15) calendar days after receiving the appeal. If the employee does not agree with the decision, or if no answer has been received within the fifteen (15) calendar days, he/she may present the appeal in writing to the department head. Failure of the employee to take further action within the ten (10) days if no decision is rendered will constitute a withdrawal of the grievance.

3. Third Level of Review
The grievance shall be presented, in writing, to the employee’s department head who shall discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The department head shall render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within fifteen (15) calendar days, he/she may proceed to the fourth level of review. Failure of the employee to take further action within ten (10) calendar days after receipt of the decision, or within a total of twenty-five (25) calendar days if no decision is rendered, will constitute withdrawal of the grievance.

4. Fourth Level of Review
The grievance shall be presented, in writing, to the Human Resources Director, who shall forward it to the State of California Department of Industrial Relations Conciliation Service with a request that the Conciliation Service appoint a mediator to confer with the aggrieved employee and with the department head or his/her designee. After considering the merits of the grievance, the mediator shall forward his/her decision, in writing, to the Human Resources Director with copies to the department head and aggrieved employee. If either the employee or the department head does not agree with the decision reached by the mediator, a written appeal may be made to the City Manager within ten (10) calendar days following receipt of said decision. In the event there is no appeal, the decision of the mediator shall be final.

5. Fifth Level of Review
Upon receiving an appeal from the fourth level, the City Manager or his/her designated representative shall discuss the grievance with the employee, his/her representative, if any, and with all appropriate persons. The City Manager shall render a decision, in writing, to the employee within twenty (20) calendar days after

7.5 Consent Page 47
46 receiving the grievance. The decision of the City Manager shall be final.

E. CONDUCT OF GRIEVANCE PROCEDURE

1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.

2. The employee may request the assistance of a representative of his/her own choosing in preparing and presenting his/her grievance at any level of review.

3. Employees shall be free from reprisal from using the grievance procedure.

4. Grievances which cannot be resolved at the lowest possible level may be expedited to the appropriate level. The decision as to what level is appropriate will be made by the department head after consultation with the affected employee and supervisor.

7.5 Consent Page 48
47 Signature Page
Memorandum of Understanding
Between
The City of Tulare
And the
California League of City Employees Associations (CLOCEA) July 1, 202418 through June 30, 2021_
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date stated below.

FOR THE CITY OF TULARE FOR CLOCEA
By: _________________________________ By: ______________________________ Mario Zamora, City Attorney Mike CosenzaBill Shawhan,
Administrator
Maria Hernandez
Member Services Specialist
_________________________________ ______________________________ Shonna OnealJanice Avila, Human Resources Director Steve Garcia Kevin Phillips, President
_________________________________ ______________________________ Mark Roberts Darlene Thompson, Finance Director Jason Hooyer Anthony Cortez
______________________________
Joe CorreiaNathaniel Daughtry
______________________________
Jason HooyerKenny Arroyo
_______________________________
Steve GarciaJack Osborne
Chris Watson
Tim Irving
Dated: ______________________________ Dated: ___________________________

7.5 Consent Page 49

CLOCEA MOU

APPENDIX I
Job Title New City Y1
Effective 07/13/24
New City Y2
Effective 7/12/2025
New City Y3
Effective 7/11/2026
ACCOUNTANT 8.50% 8.50% 8.50%
ACCOUNTING TECHNICIAN I 3.00% 3.00% 3.00%
ACCOUNTING TECHNICIAN II 3.00% 3.00% 3.00%
ADMINISTRATIVE ASSISTANT 3.25% 3.25% 3.25%
ANIMAL SERVICES OFFICER 3.25% 3.25% 3.25%
ANIMAL SERVICES TECHNICIAN 3.32% 3.32% 3.32%
ASSISTANT PLANNER 3.00% 3.00% 3.00%
ASSOCIATE PLANNER 3.00% 3.00% 3.00%
BUILDING INSPECTOR I 4.75% 4.75% 4.75%
BUILDING INSPECTOR II 4.75% 4.75% 4.75%
BUILDING TECHNICIAN 3.00% 3.00% 3.00%

CODE ENFORCEMENT OFC/SUB

HOUSING CMPL

3.00% 3.00% 3.00%
CODE ENFORCEMENT OFFICER 3.00% 3.00% 3.00%

COMMUNITY MAINTENANCE
WORKER

3.00% 3.00% 3.00%
COMMUNITY SERVICE OFFICER 3.25% 3.25% 3.25%
COMMUNITY SERVICES DIRECTOR 6.00%
CONSERVATION COORDINATOR 3.00% 3.00% 3.00%
CONSTRUCTION COORDINATOR 3.00% 3.00% 3.00%
CROSS CONNECTION SPECIALIST 3.00% 3.00% 3.00%
CUSTODIAN 6.25% 6.25% 6.25%
DEPARTMENT ASSISTANT I 3.00% 3.00% 3.00%
DEPARTMENT ASSISTANT II 3.00% 3.00% 3.00%
DISPATCH SUPERVISOR 10.00% 10.00% 10.00%
ENGINEERING ASSISTANT 3.00% 3.00% 3.00%
ENVIRONMENTAL COMPLIANCE INSP 3.00% 3.00% 3.00%
EVIDENCE TECHNICIAN 3.00% 3.00% 3.00%

FACILITIES MAINTENCENCE

TECHNICIAN

4.75% 4.75% 4.75%
FIRE INSPECTOR I 8.25% 8.25% 8.25%
FIREFIGHTER TRAINEE 3.00% 3.00% 3.00%
GROUNDS MAINTENANCE WORKER 3.25% 3.25% 3.25%

HOMELESS PREVENTION

COORDINATOR-CONTRACT

3.00% 3.00% 3.00%
KENNEL TECHNICIAN 3.25% 3.25% 3.25%
LABORATORY ASSISTANT 4.75% 4.75% 4.75%
LABORATORY SUPERVISOR 3.00% 3.00% 3.00%
LABORATORY TECHNICIAN 4.75% 4.75% 4.75%
LANDSCAPE MAINTENANCE TECH 3.25% 3.25% 3.25%
LEAD MECHANIC 5.50% 5.50% 5.50%

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CLOCEA MOU

APPENDIX I
LIBRARY ASSISTANT 3.00% 3.00% 3.00%
MECHANIC I 5.50% 5.50% 5.50%
MECHANIC II 5.50% 5.50% 5.50%
METER READER 3.00% 3.00% 3.00%
PARK RANGER 6.50% 6.50% 6.50%
PARKS MAINTENANCE SUPERVISOR 5.75% 5.75% 5.75%
PARKS MAINTENANCE TECHNICIAN 5.25% 5.25% 5.25%
PARKS MAINTENANCE WORKER I 5.25% 5.25% 5.25%
PARKS MAINTENANCE WORKER II 5.25% 5.25% 5.25%
PARTS AND INVENTORY CLERK 3.00% 3.00% 3.00%
PAYROLL SPECIALIST 3.25% 3.25% 3.25%
PERMIT TECHNICIAN 5.00% 5.00% 5.00%
PLANS EXAMINER 3.00% 3.00% 3.00%
POLICE OFFICER TRAINEE 3.00% 3.00% 3.00%
POLICE RECORDS ASSISTANT 3.00% 3.00% 3.00%
POLICE RECORDS SPECIALIST 4.50% 4.50% 4.50%
PROPERTY ROOM ASSISTANT 3.00% 3.00% 3.00%
PUBLIC SAFETY DISPATCHER I 4.50% 4.50% 4.50%
PUBLIC SAFETY DISPATCHER II 4.50% 4.50% 4.50%
PUBLIC WORKS INSPECTOR 3.00% 3.00% 3.00%
SAFETY COORDINATOR 3.00% 3.00% 3.00%
SENIOR ADMINISTRATIVE ASSISTANT 3.25% 3.25% 3.25%

SENIOR COMMUNITY MAINTENANCE
WORKER

3.00% 3.00% 3.00%
SENIOR ENGINEERING ASSISTANT 3.00% 3.00% 3.00%
SENIOR EVIDENCE TECHNICIAN 3.00% 3.00% 3.00%
SENIOR FIRE INSPECTOR 3.00% 3.00% 3.00%
SENIOR LIBRARY ASSISTANT 3.00% 3.00% 3.00%

SENIOR SOLID WASTE MAINTENANCE
WORKER

6.00% 6.00% 6.00%
SENIOR SOLID WASTE OPERATOR 6.00% 6.00% 6.00%
SHOP AND PARTS SPECIALIST 3.00% 3.00% 3.00%
SIGNAL LIGHT TECHNICIAN 12.00% 12.00% 12.00%
SIGNAL LIGHT TECHNICIAN ll 3.00% 3.00% 3.00%
SIGNAL LIGHT TECHNICIAN ll 3.00% 3.00% 3.00%
SOLID WASTE MAINT CREW LEADER 6.00% 6.00% 6.00%

SOLID WASTE MAINTENANCE
WORKER

6.00% 6.00% 6.00%

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CLOCEA MOU

APPENDIX I
SOLID WASTE OPERATOR 6.00% 6.00% 6.00%
SOLID WASTE SUPERVISOR 12.00% 12.00% 12.00%

STREET MAINTENANCE CREW
LEADER

4.75% 4.75% 4.75%
STREET MAINTENANCE WORKER I 4.75% 4.75% 4.75%
STREET MAINTENANCE WORKER II 4.75% 4.75% 4.75%
STREET SUPERVISOR 7.50% 7.50% 7.50%
TRAFFIC MAINTENANCE WORKER 4.75% 4.75% 4.75%
WASTEWATER COLLECTIONS MAINT.

CREW LEADER

4.25% 4.25% 4.25%

WASTEWATER COLLECTIONS

MAINTENCE SUPERVISOR

4.25% 4.25% 4.25%

WASTEWATER COLLECTIONS

MAINTENCE WKR I

4.25% 4.25% 4.25%

WASTEWATER COLLECTIONS

MAINTIENCE WKR II

4.25% 4.25% 4.25%
WASTEWATER ELECTRICAL TECH I 3.00% 3.00% 3.00%
WASTEWATER ELECTRICAL TECH Il 3.00% 3.00% 3.00%

WASTEWATER MAINTENANCE

SUPERVISOR

5.25% 5.25% 5.25%

WASTEWATER MAINTENCE

TECHNICIAN I

5.50% 5.50% 5.50%

WASTEWATER MAINTENCE

TECHNICIAN II

5.50% 5.50% 5.50%

WASTEWATER TREATMENT PLANT

LEAD OPERATOR

3.50% 3.50% 3.50%

WASTEWATER TREATMENT PLANT

OPERATOR I

3.50% 3.50% 3.50%

WASTEWATER TREATMENT PLANT

OPERATOR II

3.50% 3.50% 3.50%

WASTEWATER TREATMENT PLANT

OPERATOR III

3.50% 3.50% 3.50%

WASTEWATER TREATMENT PLANT

OPERATOR TRAINEE

3.50% 3.50% 3.50%
WATER CONSERVATION WORKER 3.00% 3.00% 3.00%
WATER TREATMENT SUPERVISOR 3.00% 3.00% 3.00%
WATER TREATMENT TECHNICIAN 6.50% 6.50% 6.50%
WATER UTILITY MAINT. WORKER I 5.75% 5.75% 5.75%
WATER UTILITY MAINT. WORKER II 5.75% 5.75% 5.75%

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CLOCEA MOU

APPENDIX I

WATER UTILITY MAINTENCE CREW
LEADER

5.75% 5.75% 5.75%
WATER UTILITY SUPERVISOR 5.25% 5.25% 5.25%

7.5 Consent Page 53
CLASSIFICATION Code Step Monthly Hourly Group
Accountant 3000 A 5605.31 32.3383 cler/prof
B 5885.57 33.9552
C 6179.84 35.6529
D 6488.85 37.4357
E 6813.28 39.3074
Accounting Technician I 3010 A 4230.28 24.4055 cler/prof B 4441.79 25.6257
C 4663.86 26.9069
D 4897.07 28.2523
E 5141.94 29.6650
Accounting Technician II 3012 A 4674.00 26.9654 cler/prof B 4907.71 28.3137
C 5153.08 29.7293
D 5410.75 31.2159
E 5681.27 32.7766
Administration Analyst 2003 A 5450.31 31.4441 mmgmt
B 5722.85 33.0164
C 6008.96 34.6671
D 6309.45 36.4007
E 6624.87 38.2204
Administrative Assistant 3020 A 4240.55 24.4647 cler/prof B 4452.57 25.6879
C 4675.18 26.9722
D 4908.96 28.3209
E 5154.42 29.7370
Animal Services Manager 2005 A 7072.85 40.8049 mmgmt
B 7426.50 42.8452
C 7797.82 44.9874
D 8187.83 47.2375
E 8597.09 49.5986
Animal Services Officer 3030 A 4156.78 23.9814 nonmgmt
B 4364.59 25.1804
C 4582.86 26.4396
D 4811.98 27.7614
E 5052.56 29.1494
Animal Services Technician 3040 A 3957.20 22.8300 cler/prof B 4155.10 23.9717
C 4362.84 25.1702
D 4580.96 26.4286
E 4810.02 27.7501

CITY OF TULARE
Salary Schedule - October 15, 2024

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7.5 Consent Page 54
CLASSIFICATION Code Step Monthly Hourly Group
Assistant City Manager 1010 A 13260.10 76.5006 depthead B 13923.11 80.3256
C 14619.26 84.3419
D 15350.22 88.5590
E 16117.73 92.9869
Assistant Comm Services Director 2001 A 9603.11 55.4025 mmgmt B 10083.26 58.1726
C 10587.42 61.0813
D 11116.79 64.1353
E 11672.63 67.3421
Assistant Finance Director 2000 A 9603.11 55.4025 mmgmt B 10083.26 58.1726
C 10587.41 61.0812
D 11116.80 64.1354
E 11672.63 67.3421
Assistant Planner 3050 A 5520.39 31.8484 cler/prof
B 5796.42 33.4409
C 6086.23 35.1129
D 6390.54 36.8685
E 6710.07 38.7119
Assistant Public Works Director 2002 A 9603.11 55.4025 mmgmt B 10083.26 58.1726
C 10587.41 61.0812
D 11116.80 64.1354
E 11672.63 67.3421
Associate Planner 3060 A 6273.16 36.1913 cler/prof
B 6586.84 38.0010
C 6916.17 39.9010
D 7261.95 41.8959
E 7625.07 43.9908
Budget Finance Manager 2008 A 7727.64 44.5826 mmgmt
B 8114.03 46.8117
C 8519.75 49.1524
D 8945.74 51.6100
E 9393.00 54.1904
Building Inspector I 3070 A 4849.19 27.9761 cler/prof
B 5091.65 29.3749
C 5346.24 30.8437
D 5613.55 32.3859
E 5894.23 34.0052
Building Inspector II 3080 A 5631.86 32.4915 cler/prof
B 5913.44 34.1160
C 6209.12 35.8218
D 6519.59 37.6130
E 6845.56 39.4936

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7.5 Consent Page 55
CLASSIFICATION Code Step Monthly Hourly Group
Building Technician 3082 A 4402.47 25.3988 nonmgt
B 4622.60 26.6688
C 4853.73 28.0023
D 5096.41 29.4024
E 5351.23 30.8725
Chief Building Official 2010 A 8411.45 48.5276 mmgmt
B 8831.99 50.9538
C 9273.60 53.5015
D 9737.26 56.1765
E 10224.12 58.9853
Chief Deputy City Clerk 2020 A 7315.09 42.2024 mmgmt
B 7680.83 44.3125
C 8064.87 46.5281
D 8468.14 48.8546
E 8891.55 51.2974
Chief Financial Officer 1025 A 12837.59 74.0630 depthead (Finance Director/Treasurer) B 13479.59 77.7669
C 14153.45 81.6545
D 14861.12 85.7372
E 15604.16 90.0240
Chief Technology Officer 2022 A 9603.11 55.4025 mmgt
B 10083.26 58.1726
C 10587.42 61.0813
D 11116.80 64.1354
E 11672.65 67.3422
City Engineer 1030 A 11216.09 64.7082 depthead
B 11776.93 67.9438
C 12365.74 71.3408
D 12984.03 74.9079
E 13633.24 78.6533
City Manager 1000 A 15990.67 92.2539 citymgr
B 16790.20 96.8665
C 17629.71 101.7099
D 18511.20 106.7954
E 19436.76 112.1352
City Planner 2025 A 9603.11 55.4025 mmgt
B 10083.26 58.1726
C 10587.42 61.0813
D 11116.80 64.1354
E 11672.65 67.3422
Code Enforcement Officer 3100 A 5537.77 31.9487 cler/prof B 5814.65 33.5461
C 6105.40 35.2234
D 6410.67 36.9846
E 6731.19 38.8338

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CLASSIFICATION Code Step Monthly Hourly Group
Code Enforcement Officer/Substandard 3102 A 5537.76 31.9486 cler/prof Housing Compliance B 5814.65 33.5461
C 6105.38 35.2233
D 6410.66 36.9846
E 6731.16 38.8336
Community Development Director 1042 A 12732.89 73.4590 depthead B 13369.50 77.1318
C 14037.99 80.9884
D 14739.88 85.0378
E 15476.91 89.2899
Community Service Officer 3110 A 4156.78 23.9814 cler/prof B 4364.59 25.1804
C 4582.86 26.4396
D 4811.97 27.7613
E 5052.56 29.1494
Community Maintenance Worker 3111 A 3642.38 21.0137 nonmgt B 3824.50 22.0644
C 4015.73 23.1677
D 4216.52 24.3261
E 4427.35 25.5424
Community Services Director 1044 A 11008.37 63.5098 depthead B 11558.79 66.6853
C 12136.72 70.0196
D 12743.57 73.5206
E 13380.77 77.1968
Computer Systems Analyst 2040 A 7727.64 44.5826 mmgmt
B 8114.03 46.8117
C 8519.75 49.1524
D 8945.74 51.6100
E 9393.00 54.1904
Conservation Coordinator 3115 A 5164.29 29.7940 nonmgt
B 5422.51 31.2837
C 5693.63 32.8479
D 5978.32 34.4903
E 6277.23 36.2148
Construction Coordinator 3123 A 6399.58 36.9206 nonmgt
B 6719.54 38.7666
C 7055.52 40.7049
D 7408.32 42.7403
E 7778.72 44.8772
Cross Connection Specialist 3125 A 5429.18 31.3222 nonmgmt B 5700.65 32.8884
C 5985.68 34.5328
D 6284.97 36.2594
E 6599.22 38.0724

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CLASSIFICATION Code Step Monthly Hourly Group
Custodian 3130 A 3417.60 19.7169 nonmgt
B 3588.48 20.7028
C 3767.92 21.7380
D 3956.31 22.8249
E 4154.12 23.9661
Department Assistant I 3140 A 3465.18 19.9914 cler/prof B 3638.43 20.9910
C 3820.36 22.0406
D 4011.40 23.1427
E 4211.94 24.2996
Department Assistant II 3142 A 3828.65 22.0884 cler/prof B 4020.10 23.1929
C 4221.11 24.3526
D 4432.13 25.5700
E 4653.75 26.8485
Dispatch Supervisor 3144 A 5355.59 30.8976 cler/prof
B 5623.35 32.4424
C 5904.53 34.0646
D 6199.78 35.7679
E 6509.76 37.5563
Engineering Assistant 3156 A 5734.53 33.0838 cler/prof
B 6021.25 34.7380
C 6322.32 36.4749
D 6638.43 38.2986
E 6970.36 40.2136
Environmental Compliance Inspector 3160 A 4674.00 26.9654 nonmgt B 4907.71 28.3137
C 5153.08 29.7293
D 5410.75 31.2159
E 5681.27 32.7766
Evidence Technician 3170 A 4888.59 28.2034 cler/prof
B 5133.01 29.6135
C 5389.66 31.0942
D 5659.16 32.6490
E 5942.11 34.2814
Executive Director of Economic 1045 A 10696.83 61.7125 depthead Development and Redevelopment B 11231.70 64.7983
C 11793.25 68.0380
D 12382.92 71.4399
E 13002.07 75.0119
Facilities & Airport Maint Manager 2081 A 6587.68 38.0059 mmgmt B 6917.04 39.9060
C 7262.89 41.9013
D 7626.07 43.9965
E 8007.36 46.1963

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CLASSIFICATION Code Step Monthly Hourly Group
Facilities Maintenance Technician 3180 A 4753.41 27.4235 nonmgt B 4991.10 28.7948
C 5240.63 30.2344
D 5502.68 31.7462
E 5777.78 33.3333
Fire Captain 4010 A 8065.27 46.5304 mfire24
B 8468.52 48.8568
C 8891.93 51.2996
D 9336.53 53.8646
E 9803.38 56.5580
Fire Chief 1060 A 12835.13 74.0488 depthead
B 13476.90 77.7514
C 14150.75 81.6389
D 14858.26 85.7208
E 15601.21 90.0070
Fire Division Chief 4000 A 9763.20 56.3262 mfire24
B 10251.37 59.1425
C 10763.94 62.0997
D 11302.15 65.2047
E 11867.23 68.4648
Fire Engineer 4020 A 6722.12 38.7815 fire
B 7058.22 40.7205
C 7411.12 42.7565
D 7781.68 44.8943
E 8170.77 47.1391
Fire Inspector 3190 A 5011.22 28.9109 cler/prof
B 5261.77 30.3564
C 5524.89 31.8743
D 5801.11 33.4679
E 6091.17 35.1414
Fire Marshall 2092 A 7072.85 40.8049 mmgt
B 7426.50 42.8452
C 7797.82 44.9874
D 8187.82 47.2374
E 8597.09 49.5986
Firefighter/Paramedic 4030 A 6395.07 36.8946 fire
B 6714.83 38.7394
C 7050.57 40.6764
D 7403.07 42.7100
E 7773.24 44.8456
Firefighter 4025 A 5915.44 34.1275 fire
B 6211.22 35.8340
C 6521.78 37.6257
D 6847.84 39.5068
E 7190.25 41.4822

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CLASSIFICATION Code Step Monthly Hourly Group
Firefighter Trainee (Licensed Paramedic) 3195 A 4217.84 24.3337 cler/prof B 4428.73 25.5504
C 4650.17 26.8279
D 4882.68 28.1693
E 5126.81 29.5778
Fleet Maintenance Superintendent 2093 A 6587.68 38.0059 mmgmt B 6917.04 39.9060
C 7262.89 41.9013
D 7626.07 43.9965
E 8007.36 46.1963
GIS Systems Analyst 2096 A 7727.64 44.5826 mmgmt
B 8114.03 46.8117
C 8519.74 49.1523
D 8945.71 51.6099
E 9393.00 54.1904
Grounds Maintenance Worker 3215 A 3651.23 21.0648 nonmgt B 3833.79 22.1180
C 4025.47 23.2239
D 4226.76 24.3852
E 4438.10 25.6044
Homeless Prevention Coordinator - Contract 3216 A 3642.38 21.0137 nonmgt B 3824.50 22.0644
C 4015.72 23.1676
D 4216.51 24.3260
E 4427.35 25.5424
Housing & Grants Manager 2098 A 7188.22 41.4705 mmgmt
B 7547.63 43.5440
C 7925.01 45.7212
D 8321.26 48.0073
E 8737.32 50.4076
Housing and Grants Specialist 2095 A 5932.60 34.2266 mmgmt B 6229.23 35.9378
C 6540.69 37.7348
D 6867.74 39.6216
E 7211.13 41.6026
Human Resources Analyst 2100 A 5289.63 30.5171 mmgmt
B 5554.11 32.0429
C 5831.84 33.6452
D 6123.42 35.3274
E 6429.58 37.0937
Human Resources Director 1065 A 11328.55 65.3570 depthead B 11894.97 68.6248
C 12489.70 72.0560
D 13114.21 75.6589
E 13769.91 79.4418

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CLASSIFICATION Code Step Monthly Hourly Group
Kennel Technician 3220 A 3239.30 18.6883 nonmgt
B 3401.28 19.6228
C 3571.36 20.6040
D 3749.92 21.6341
E 3937.42 22.7159
Laboratory Supervisor 3245 A 5012.04 28.9156 nonmgt
B 5262.64 30.3614
C 5525.74 31.8793
D 5802.06 33.4734
E 6092.16 35.1471
Laboratory Technician 3250 A 4613.30 26.6152 nonmgt
B 4843.94 27.9458
C 5086.14 29.3431
D 5340.44 30.8102
E 5607.47 32.3508
Landscape Maintenance Technician 3265 A 4435.21 25.5877 nonmgt B 4656.96 26.8671
C 4889.82 28.2105
D 5134.32 29.6211
E 5391.04 31.1022
Lead Mechanic 3279 A 5026.83 29.0009 nonmgt
B 5278.18 30.4510
C 5542.08 31.9735
D 5819.19 33.5723
E 6110.15 35.2509
Librarian 2120 A 5263.32 30.3653 mmgmt
B 5526.47 31.8835
C 5802.82 33.4778
D 6092.93 35.1515
E 6397.58 36.9091
Library Assistant 3270 A 3465.18 19.9914 cler/prof
B 3638.43 20.9910
C 3820.36 22.0406
D 4011.40 23.1427
E 4211.94 24.2996
Library Manager 2130 A 7727.64 44.5826 mmgmt
B 8114.03 46.8117
C 8519.75 49.1524
D 8945.74 51.6100
E 9393.01 54.1905
Management Analyst 2140 A 5932.60 34.2266 mmgmt
B 6229.23 35.9378
C 6540.68 37.7347
D 6867.73 39.6215
E 7211.12 41.6026

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CLASSIFICATION Code Step Monthly Hourly Group
Mechanic I 3280 A 3712.24 21.4168 nonmgt
B 3897.85 22.4876
C 4092.75 23.6120
D 4297.37 24.7925
E 4512.23 26.0321
Mechanic II 3282 A 4787.44 27.6199 nonmgt
B 5026.83 29.0010
C 5278.16 30.4509
D 5542.07 31.9735
E 5819.17 33.5721
Meter Reader 3290 A 3552.69 20.4963 nonmgt
B 3730.30 21.5210
C 3916.83 22.5971
D 4112.69 23.7270
E 4318.31 24.9133
Parks Maintenance Supervisor 3320 A 5145.86 29.6877 nonmgt B 5403.15 31.1720
C 5673.28 32.7304
D 5956.97 34.3671
E 6254.82 36.0855
Parks Maintenance Technician 3330 A 4521.12 26.0834 nonmgt B 4747.18 27.3876
C 4984.54 28.7570
D 5233.78 30.1949
E 5495.47 31.7046
Parks Maintenance Worker I 3340 A 3721.96 21.4728 nonmgt B 3908.05 22.5464
C 4103.45 23.6738
D 4308.63 24.8575
E 4524.07 26.1004
Parks Maintenance Worker II 3342 A 4112.37 23.7252 nonmgt B 4317.98 24.9114
C 4533.89 26.1571
D 4760.58 27.4649
E 4998.61 28.8381
Parks Maintenance Manager 2150 A 7315.07 42.2024 mmgmt
B 7680.83 44.3125
C 8064.87 46.5281
D 8468.14 48.8546
E 8891.54 51.2973
Park Ranger 3305 A 4574.81 26.3932 nonmgt
B 4803.56 27.7128
C 5043.73 29.0985
D 5295.94 30.5535
E 5560.74 32.0812

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CLASSIFICATION Code Step Monthly Hourly Group
Parts and Inventory Clerk 3350 A 3465.18 19.9914 nonmgt B 3638.43 20.9910
C 3820.36 22.0406
D 4011.40 23.1427
E 4211.94 24.2996
Payroll Specialist 3360 A 5176.83 29.8663 cler/prof
B 5435.67 31.3596 conf
C 5707.46 32.9277
D 5992.83 34.5740
E 6292.46 36.3026
Permit Center Coordinator 2155 A 5932.60 34.2266 mmgmt
B 6229.24 35.9379
C 6540.69 37.7348
D 6867.73 39.6215
E 7211.12 41.6026
Permit Technician 3370 A 4487.95 25.8920 cler/prof
B 4712.36 27.1867
C 4947.97 28.5460
D 5195.37 29.9733
E 5455.12 31.4718
Plans Examiner 3380 A 5734.53 33.0838 cler/prof
B 6021.25 34.7380
C 6322.32 36.4749
D 6638.43 38.2986
E 6970.36 40.2136
Police Analyst 2048 A 6227.14 35.9258 mmgmt
B 6538.50 37.7221
C 6865.42 39.6082
D 7208.73 41.5888
E 7569.15 43.6682
Police Captain 5000 A 10251.05 59.1407 mpolice
B 10763.62 62.0978
C 11301.82 65.2028
D 11866.89 68.4628
E 12460.22 71.8859
Police Chief 1080 A 14351.97 82.7998 depthead
B 15069.56 86.9398
C 15823.05 91.2868
D 16614.20 95.8512
E 17444.92 100.6438
Police Corporal 5030 A 6838.91 39.4553 police
B 7180.85 41.4280
C 7539.91 43.4995
D 7916.89 45.6744
E 8312.74 47.9581

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CLASSIFICATION Code Step Monthly Hourly Group
Police Lieutenant 5010 A 9277.86 53.5261 mpolice
B 9741.74 56.2023
C 10228.83 59.0125
D 10740.28 61.9632
E 11277.27 65.0612
Police Officer 5040 A 6189.62 35.7093 police
B 6499.12 37.4949
C 6824.08 39.3697
D 7165.28 41.3382
E 7523.55 43.4051
Police Officer Trainee 3390 A 4815.99 27.7846 cler/prof B 5056.79 29.1738
C 5309.62 30.6324
D 5575.11 32.1641
E 5853.87 33.7723
Police Records Assistant 3405 A 3465.18 19.9914 cler/prof B 3638.43 20.9910
C 3820.36 22.0406
D 4011.40 23.1427
E 4211.94 24.2996
Police Records Manager 2172 A 6227.14 35.9258 mmgmt
B 6538.50 37.7221
C 6865.42 39.6082
D 7208.73 41.5888
E 7569.15 43.6682
Police Records Specialist 3410 A 4042.54 23.3224 cler/prof B 4244.68 24.4885
C 4456.90 25.7129
D 4679.73 26.9984
E 4913.73 28.3484
Police Sergeant 5020 A 7988.50 46.0875 mpolice
B 8387.93 48.3919
C 8807.31 50.8114
D 9247.69 53.3521
E 9710.06 56.0196
Principal Planner 2160 A 8974.86 51.7781 mmgmt
B 9423.60 54.3669
C 9894.80 57.0854
D 10389.55 59.9397
E 10909.01 62.9366
Project Manager 2164 A 8974.86 51.7781 mmgmt
B 9423.60 54.3669
C 9894.80 57.0854
D 10389.55 59.9397
E 10909.01 62.9366

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CLASSIFICATION Code Step Monthly Hourly Group
Property Room Assistant 3425 A 3430.80 19.7931 cler/prof B 3602.31 20.7826
C 3782.43 21.8217
D 3971.55 22.9128
E 4170.15 24.0586
Public Safety Dispatcher I 3430 A 4207.11 24.2718 cler/prof B 4417.44 25.4852
C 4638.34 26.7596
D 4870.22 28.0974
E 5113.73 29.5023
Public Safety Dispatcher II 3432 A 4625.30 26.6844 cler/prof B 4856.53 28.0185
C 5099.37 29.4194
D 5354.35 30.8905
E 5622.06 32.4350
Public Works Director 1090 A 12614.99 72.7788 depthead
B 13245.71 76.4176
C 13908.01 80.2385
D 14603.40 84.2504
E 15333.57 88.4629
Public Works Inspector 3440 A 6273.16 36.1913 cler/prof B 6586.84 38.0010
C 6916.17 39.9010
D 7261.95 41.8959
E 7625.07 43.9908
Recreation Supervisor 2180 A 5450.31 31.4441 mmgmt
B 5722.86 33.0165
C 6008.96 34.6671
D 6309.45 36.4007
E 6624.88 38.2205
Safety Coordinator 3445 A 5164.29 29.7940 cler/prof
B 5422.50 31.2836
C 5693.64 32.8479
D 5978.32 34.4903
E 6277.22 36.2147
Safety, Complaince & Facilities Officer 2185 A 9423.60 54.3669 mmgmt B 9894.78 57.0853
C 10389.51 59.9395
D 10909.00 62.9365
E 11454.45 66.0834
Senior Administrative Assistant 3450 A 4755.99 27.4384 cler/prof B 4993.78 28.8103
C 5243.46 30.2507
D 5505.63 31.7633
E 5780.93 33.3515

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CLASSIFICATION Code Step Monthly Hourly Group
Senior Civil Engineer 2200 A 8974.86 51.7781 mmgmt
B 9423.60 54.3669
C 9894.80 57.0854
D 10389.55 59.9397
E 10909.01 62.9366
Senior Community Maintenance Worker 3455 A 4424.47 25.5258 nonmgt B 4645.68 26.8020
C 4877.98 28.1422
D 5121.89 29.5494
E 5377.99 31.0269
Senior Engineering Assistant 3458 A 6164.61 35.5651 cler/prof B 6472.84 37.3433
C 6796.49 39.2105
D 7136.31 41.1710
E 7493.13 43.2296
Senior Evidence Technician 3460 A 5401.40 31.1619 cler/prof B 5671.45 32.7199
C 5955.01 34.3558
D 6252.77 36.0737
E 6565.42 37.8774
Senior Fire Inspector 3192 A 5268.36 30.3944 cler/prof
B 5531.77 31.9141
C 5808.36 33.5097
D 6098.76 35.1852
E 6403.71 36.9445
Senior Library Assistant 3470 A 3790.65 21.8691 cler/prof B 3980.20 22.9627
C 4179.21 24.1109
D 4388.15 25.3163
E 4607.57 26.5821
Senior Management Analyst 2210 A 6554.91 37.8168 mmgmt
B 6882.63 39.7075
C 7226.76 41.6928
D 7588.13 43.7777
E 7967.52 45.9665
Senior Project Manager 2217 A 9891.21 57.0646 mmgmt
B 10385.76 59.9178
C 10905.03 62.9136
D 11450.31 66.0595
E 12022.82 69.3624
Senior Solid Waste Maintenance 3500 A 4183.22 24.1339 nonmgt Worker B 4392.35 25.3405
C 4611.97 26.6075
D 4842.58 27.9380
E 5084.69 29.3348

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CLASSIFICATION Code Step Monthly Hourly Group
Senior Solid Waste Operator 3510 A 4183.22 24.1339 nonmgt B 4392.35 25.3405
C 4611.97 26.6075
D 4842.57 27.9379
E 5084.69 29.3348
Shop and Parts Specialist 3514 A 4205.87 24.2646 nonmgt B 4416.15 25.4778
C 4636.95 26.7516
D 4868.76 28.0890
E 5112.20 29.4935
Signal Light Technician I 3524 A 4397.98 25.3730 nonmgt B 4617.88 26.6416
C 4848.77 27.9737
D 5091.23 29.3725
E 5345.82 30.8412
Signal Light Technician II 3520 A 4888.60 28.2034 nonmgt B 5133.01 29.6135
C 5389.66 31.0942
D 5659.16 32.6490
E 5942.11 34.2814
Solid Waste Maintenance Crew Leader 3535 A 4810.13 27.7508 nonmgt B 5050.66 29.1384
C 5303.17 30.5952
D 5568.34 32.1250
E 5846.75 33.7313
Solid Waste Maintenance Worker 3540 A 3767.21 21.7339 nonmgt B 3955.57 22.8206
C 4153.36 23.9617
D 4361.03 25.1598
E 4579.08 26.4178
Solid Waste Manager 2230 A 7315.08 42.2024 mmgmt
B 7680.83 44.3125
C 8064.87 46.5281
D 8468.14 48.8546
E 8891.54 51.2973
Solid Waste Operator 3550 A 4019.56 23.1898 nonmgt
B 4220.56 24.3494
C 4431.58 25.5668
D 4653.15 26.8451
E 4885.82 28.1874
Solid Waste/Street Sweeper Operator 3560 A 4046.05 23.3426 nonmgt B 4248.36 24.5098
C 4460.77 25.7352
D 4683.83 27.0221
E 4918.02 28.3732

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CLASSIFICATION Code Step Monthly Hourly Group
Solid Waste Supervisor 3570 A 5449.99 31.4422 nonmgt
B 5722.48 33.0143
C 6008.58 34.6649
D 6309.04 36.3983
E 6624.49 38.2182
Street Maintenance Crew Leader 3590 A 4753.41 27.4235 nonmgt B 4991.10 28.7948
C 5240.63 30.2344
D 5502.68 31.7462
E 5777.80 33.3335
Street Maintenance Worker I 3600 A 3722.78 21.4776 nonmgt B 3908.92 22.5515
C 4104.38 23.6791
D 4309.61 24.8632
E 4525.09 26.1063
Street Maintenance Worker II 3602 A 4113.29 23.7305 nonmgt B 4318.96 24.9171
C 4534.90 26.1629
D 4761.66 27.4711
E 4999.74 28.8446
Street Maintenance Manager 2240 A 7315.08 42.2024 mmgmt B 7680.83 44.3125
C 8064.87 46.5281
D 8468.14 48.8546
E 8891.53 51.2973
Street Supervisor 3610 A 5231.00 30.1789 nonmgt
B 5492.56 31.6878
C 5767.16 33.2721
D 6055.55 34.9359
E 6358.32 36.6826
Street Sweeper Operator 3620 A 4046.05 23.3426 nonmgt
B 4248.36 24.5098
C 4460.77 25.7352
D 4683.83 27.0221
E 4918.02 28.3732
Traffic Maintenance Worker 3630 A 4113.29 23.7305 nonmgt B 4318.96 24.9171
C 4534.91 26.1629
D 4761.65 27.4711
E 4999.74 28.8446
Utility Billing Manager 2175 A 5932.60 34.2266 mmgmt
B 6229.23 35.9378
C 6540.68 37.7347
D 6867.73 39.6215
E 7211.12 41.6026

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CLASSIFICATION Code Step Monthly Hourly Group
Wastewater Collection Maintenance 3640 A 4948.47 28.5488 nonmgt Crew Leader B 5195.88 29.9762
C 5455.69 31.4752
D 5728.45 33.0488
E 6014.87 34.7012
Wastewater Collection Maintenance 3650 A 6509.63 37.5556 nonmgt Supervisor B 6835.09 39.4332
C 7176.84 41.4049
D 7535.71 43.4753
E 7912.48 45.6489
Wastewater Collection Maintenance 3660 A 3894.51 22.4683 nonmgt Worker I B 4089.24 23.5918
C 4293.67 24.7712
D 4508.36 26.0098
E 4733.79 27.3103
Wastewater Collection Maintenance 3662 A 4303.02 24.8251 nonmgt Worker II B 4518.16 26.0663
C 4744.06 27.3696
D 4981.26 28.7381
E 5230.34 30.1750
Wastewater Electrical Technician I 3664 A 4558.90 26.3014 nonmgt B 4786.83 27.6163
C 5026.17 28.9972
D 5277.47 30.4470
E 5541.37 31.9694
Wastewater Electrical Technician II 3666 A 4837.59 27.9092 nonmgt B 5079.49 29.3047
C 5333.46 30.7700
D 5600.12 32.3084
E 5880.13 33.9238
Wastewater Maintenance Supervisor 3677 A 5658.75 32.6466 nonmgt B 5941.67 34.2789
C 6238.77 35.9929
D 6550.71 37.7925
E 6878.24 39.6822
Wastewater Maintenance Technician I 3670 A 4669.56 26.9397 nonmgt B 4903.01 28.2866
C 5148.17 29.7010
D 5405.59 31.1861
E 5675.86 32.7453
Wastewater Maintenance Technician II 3672 A 4787.44 27.6199 nonmgt B 5026.83 29.0010
C 5278.16 30.4509
D 5542.07 31.9735
E 5819.17 33.5721

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CLASSIFICATION Code Step Monthly Hourly Group
Wastewater Treatment Plant Lead Operator 3679 A 6020.38 34.7329 nonmgt B 6321.41 36.4697
C 6637.49 38.2932
D 6969.36 40.2078
E 7317.83 42.2183
Wastewater Treatment Plant Manager 2260 A 7727.64 44.5826 mmgmt B 8114.03 46.8117
C 8519.75 49.1524
D 8945.74 51.6100
E 9393.00 54.1904
Wastewater Treatment Plant 3682 A 4250.82 24.5239 nonmgt Operator I B 4463.36 25.7502
C 4686.50 27.0375
D 4920.85 28.3895
E 5166.90 29.8090
Wastewater Treatment Plant 3684 A 4696.69 27.0963 nonmgt Operator II B 4931.54 28.4512
C 5178.10 29.8737
D 5437.01 31.3674
E 5708.85 32.9357
Wastewater Treatment Plant 3686 A 5733.70 33.0791 nonmgt Operator III B 6020.38 34.7329
C 6321.40 36.4696
D 6637.48 38.2931
E 6969.35 40.2078
Wastewater Treatment Plant Operator 3680 A 3660.07 21.1158 nonmgt Trainee B 3843.07 22.1716
C 4035.22 23.2801
D 4236.99 24.4442
E 4448.84 25.6664
Wastewater Treatment Plant 2265 A 6973.95 40.2343 mmgmt Superintendent B 7322.65 42.2461
C 7688.78 44.3583
D 8073.23 46.5763
E 8476.88 48.9051
Water Conservation Worker 3696 A 3552.69 20.4963 nonmgmt B 3730.30 21.5210
C 3916.83 22.5971
D 4112.69 23.7270
E 4318.31 24.9133
Water Treatment Supervisor 3729 A 5537.77 31.9487 nonmgmt B 5814.65 33.5461
C 6105.40 35.2234
D 6410.67 36.9846
E 6731.18 38.8338

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CLASSIFICATION Code Step Monthly Hourly Group
Water & Wastewater Collection 2270 A 7355.68 42.4366 mmgmt Utility Manager B 7723.50 44.5587
C 8109.66 46.7865
D 8515.13 49.1257
E 8940.89 51.5821
Water Treatment Technician 3700 A 5182.35 29.8982 nonmgt B 5441.47 31.3931
C 5713.51 32.9626
D 5999.22 34.6109
E 6299.18 36.3414
Water Utility Maintenance Crew 3710 A 5145.85 29.6876 nonmgt Leader B 5403.15 31.1720
C 5673.28 32.7304
D 5956.97 34.3671
E 6254.82 36.0855
Water Utility Maintenance Worker I 3720 A 4010.08 23.1351 nonmgt B 4210.61 24.2920
C 4421.13 25.5065
D 4642.17 26.7818
E 4874.29 28.1209
Water Utility Maintenance Worker II 3722 A 4430.73 25.5619 nonmgt B 4652.25 26.8399
C 4884.87 28.1819
D 5129.12 29.5911
E 5385.58 31.0707
Water Utility Supervisor 3730 A 5658.75 32.6466 nonmgt
B 5941.67 34.2789
C 6238.77 35.9929
D 6550.71 37.7925
E 6878.24 39.6822
Tulare City Council Member ccm council
* $5.00 per meeting to a maximum of $300 per year as outlined in City Charter 10/15/2024 Council Approved Salary Increase for CLOCEA, Mid-Manager, and Department Head Groups retroactive to 7/13/2024 per council action on October 15, 2024 (attached) 10/1/2024 new classification Firefighter
8/20/2024 Council Approved Salary Increase: Budget Finance Manager correction 7/1/2024 Council Approved Salary increases/new
classification/reclassifications/eliminations: June 18,2024 - Resolution 2024-XX; Salary increases: Firefighter/Paramedics 11%; Fire Engineers 11%; Fire Captain 9% New Classifications:

Administration Analyst; Budget Finance Manager, and Cross Connection Specialist.

Reclassification/Salary Change: Water Quality Specialist to Water Treatment Supervisor. Eliminate Classification: Deputy City Clerk/Records Coordinator.

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CLASSIFICATION Code Step Monthly Hourly Group
10/18/2022 Council approved salary range increase for City Manager 10% per council consent calendar action.

Police Officer, Police Corporal, Police Sergeant, Police Lieutenant and Police Captain classifications
4/5/2022 Resolution 2022-14a, reorganization/amending the Non-Utility PCB and salary schedule as approved by City Council on April 5, 2022. (attached) 10/5/2021 Council Approved salary range change.

The salary range for City Manager was adjusted by resolution approved by City Council. 1/17/2023 Council approved changes by resolution 2023-01; salary range increase for Police Chief 8%; Title and Salary change for Deputy City Manager to Assistant City Manager; 8% increase; Delete Sr. Management Analyst and add Assistant Finance Director classification. 7/1/2023 Council Approved Salary increases/new classification/ reclassifications/eliminations; June 20,2023; Resolution 2023-24; 3.5% negotiated salary increases for Police Management, Tulare Police Officer's Union; CLOCEA; Department Heads and MidManager classifications; reclass and new positions approved in budget by City Council; add Firefighter Trainee
8/16/2022 Council approved salary range increases of 4.5% 11/7/2023 Council approved new allocation/classification Homeless Prevention Coordinator - Contract. Effective 11/4/2023
11/21/2023 Council Approved Salary increases for Fire Groups. Firefighter/Paramedics 10%; Fire Engineers 10%; Fire Captains 9%; Fire Division Chiefs 4%. 2/6/2024 Council Approved Salary increase for Chief Financial Officer 5% 8/16/2022 Council approved 2 new position, position deletion Executive Director of Econ Dev and Redev and Communtiy Development Director; resolution #2022-47 7/2/2022 Council Approved Salary increases/new classification/ reclassifications/eliminations; June 21, 2022; Resolution 2022-30 Salary increases: 3% for CLOCEA members, Misc. Mid-Managers and Department Heads; 2% for Fire Groups; as approved with FY 2022-23 Budget
New Classification: Conservation Coordinator; Lead Wastewater Treatment Plant Operator; Wastewater Treatment Plant Superintendent. Salary change for Parks Maintenance Manager. 11/7/2023 Council Approved Salary increase for City Manager 3.5% effective 11/4/2023

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CLASSIFICATION Code Step Monthly Hourly Group
Salary increases: 3.5% for CLOCEA members, Misc. Mid-Managers, and Department Heads; 3.5% for

7/3/2021 Council Approved Salary increases/new classification/ reclassifications/eliminations
New Classification: Park Ranger; Reclassifications/Salary Changes: Senior Services Administrator to Recreation Supervisor, Assistant Finance Director to Utility Billing Supervisor, Police Receptionist to Police Records Assistant, Fleet Maintenance Supervisor to Fleet Maintenance Superintendent, Safety & Regulatory Compliance Analyst to Safety Coordinator, Facilities Maintenance and Airport Operations Manager to Facilities and Airport Maintenance Superintendent, Wastewater Maintenance Technician Crew Leader to Wastewater Maintenance Supervisor, Water Conservation Officer to Water Conservation Worker. Salary Change only: Solid Waste Manager. Eliminate classifications: Community Services Assistant, Transit Analyst, and Transit Coordinator
6/23/2018 Council Approved Salary Increases
2/19/2019 Council Approved Salary Increases
Miscellaneous Mid-Mgrs, Dept Heads: 2%; Police Sup/Mgt: 2% 5/21/2019 Council Approved Salary Increases
Miscellaneous employees (CLOCEA): 2% (Retro to 7/7/18)
7/6/2019 Council Approved Salary Increases
Miscellaneous employees (CLOCEA): 2%
7/6/2019 Council Approved Salary Increases
Miscellaneous Mid-Managers and Department Heads: 2%
7/16/2019 Council Approved Salary Increases
Police Management: 2% effective retro 7/6/2019
10/1/2019 Council Approved Salary Increases
Firefighters Association Groups: 2% effective retro 7/6/2019 10/22/2019 Council Approved DH Reorganization
Delete General Services Director classification 11/22/19; delete Community Dev Deputy Director

7/3/2021 Council Approved Salary increases: Fire Unions Salary increases: Firefighter/Paramedic; Fire Engineer; Fire Captain; and Fire Division Chief classifications:

12/4/2019 Title Change: Crime Analyst to Police Analyst - no change in salary. Change General Services Director to General Services Manager, per council action 10/22/19) reduction in salary range; eliminate Fire Inspector III classification.
6/16/2020 Council Approved Salary Increases
2% Retro for 2018/19 and 2% for 2019/20 for Tulare Police Officers Group 2% for CLOCEA, Fire Association Groups, Misc. Mid-Managers, and Department Heads; 2.5% for Tulare Police Officers Group; .5% for Police Supv/Mgrs
7/4/2020 Council Approved Salary Increases

Page 20 ends

10/15/2024

7.5 Consent Page 73
CLASSIFICATION Code Step Monthly Hourly Group
1/6/2018 Council Approved Salary Increases
Miscellaneous 2.5%, CLOCEA, Mid-Mgrs, Dept Heads; Fire 4.75%; POU 5.75%; Police Sup/Mgt 4.75% Fire Groups: 2%

Page 21 ends

10/15/2024

7.5 Consent Page 74

CITY OF TULARE
SALARY SCHEDULE - OCTOBER 15, 2024
Job Title New City Y1
Effective 7/13/2024
ACCOUNTANT 8.50%
ACCOUNTING TECHNICIAN I 3.00%
ACCOUNTING TECHNICIAN II 3.00%
ADMINISTRATION ANALYST 5.50%
ADMINISTRATIVE ASSISTANT 3.25%
ANIMAL SERVICES MANAGER 5.50%
ANIMAL SERVICES OFFICER 3.25%
ANIMAL SERVICES TECHNICIAN 3.32%
ASSISTANT CITY MANAGER 7.00%
ASSISTANT COMMUNITY SERVICES DIRECTOR 5.50%
ASSISTANT FINANCE DIRECTOR 5.50%
ASSISTANT PLANNER 3.00%
ASSISTANT PUBLIC WORKS DIRECTOR 5.50%
ASSOCIATE PLANNER 3.00%
BUDGET FINANCE MANAGER 5.50%
BUILDING INSPECTOR I 4.75%
BUILDING INSPECTOR II 4.75%
BUILDING TECHNICIAN 3.00%
CHIEF BUILDING OFFICIAL 5.50%
CHIEF DEPUTY CITY CLERK 5.50%
CHIEF FINANCIAL OFFICER 7.00%
CHIEF TECHNOLOGY OFFICER 5.50%
CITY ENGINEER 8.00%
CITY PLANNER 5.50%

CODE ENFORCEMENT OFC/SUB HOUSING
CMPL

3.00%
CODE ENFORCEMENT OFFICER 3.00%
COMMUNITY DEVELOPMENT DIRECTOR 8.00%
COMMUNITY MAINTENANCE WORKER 3.00%
COMMUNITY SERVICE OFFICER 3.25%
COMMUNITY SERVICES DIRECTOR 6.00%
COMPUTER SYSTEMS ANALYST 5.50%
CONSERVATION COORDINATOR 3.00%
CONSTRUCTION COORDINATOR 3.00%
CROSS CONNECTION SPECIALIST 3.00%
CUSTODIAN 6.25%
DEPARTMENT ASSISTANT I 3.00%
DEPARTMENT ASSISTANT II 3.00%
DISPATCH SUPERVISOR 10.00%
ENGINEERING ASSISTANT 3.00%
ENVIRONMENTAL COMPLIANCE INSP 3.00%
EVIDENCE TECHNICIAN 3.00%

7.5 Consent Page 75

CITY OF TULARE
SALARY SCHEDULE - OCTOBER 15, 2024

EXECUTIVE DIRECTOR OF ECONOMICE

DEVELOPMENT

3.00%
FACILITIES & AIRPORT MAINTENCE MANAGER 5.50%
FACILITIES MAINTENCENCE TECHNICIAN 4.75%
FIRE CHIEF 6.00%
FIRE INSPECTOR I 8.25%
FIRE MARSHALL 5.50%
FIREFIGHTER TRAINEE 3.00%
FLEET MAINTENCE SUPERINTENDENT 5.50%
GIS SYSTEMS ANALYST 5.50%
GROUNDS MAINTENANCE WORKER 3.25%
HOMELESS PREVENTION COORDINATORCONTRACT

3.00%
HOUSING & GRANTS MANAGER 5.50%
HOUSING GRANTS SPECIALIST 5.50%
HUMAN RESOURCES ANALYST 5.50%
HUMAN RESOURCES DIRECTOR 8.00%
KENNEL TECHNICIAN 3.25%
LABORATORY ASSISTANT 4.75%
LABORATORY SUPERVISOR 3.00%
LABORATORY TECHNICIAN 4.75%
LANDSCAPE MAINTENANCE TECH 3.25%
LEAD MECHANIC 5.50%
LIBRARIAN 5.50%
LIBRARY ASSISTANT 3.00%
LIBRARY MANAGER 5.50%
MANAGEMENT ANALYST 5.50%
MECHANIC I 5.50%
MECHANIC II 5.50%
METER READER 3.00%
PARK RANGER 6.50%
PARKS MAINTENANCE SUPERVISOR 5.75%
PARKS MAINTENANCE TECHNICIAN 5.25%
PARKS MAINTENANCE WORKER I 5.25%
PARKS MAINTENANCE WORKER II 5.25%
PARKS MAINTANCE MANAGER 5.50%
PARTS AND INVENTORY CLERK 3.00%
PAYROLL SPECIALIST 3.25%
PERMIT CENTER COORDINATOR 5.50%
PERMIT TECHNICIAN 5.00%
PLANS EXAMINER 3.00%
POLICE ANALYST 5.50%
POLICE CHIEF 8.00%

7.5 Consent Page 76

CITY OF TULARE
SALARY SCHEDULE - OCTOBER 15, 2024
POLICE OFFICER TRAINEE 3.00%
POLICE RECORDS ASSISTANT 3.00%
POLICE RECORDS MANAGER 5.50%
POLICE RECORDS SPECIALIST 4.50%
PRINCIPAL PLANNER 5.50%
PROJECT MANAGER 5.50%
PROPERTY ROOM ASSISTANT 3.00%
PUBLIC SAFETY DISPATCHER I 4.50%
PUBLIC SAFETY DISPATCHER II 4.50%
PUBLIC WORKS DIRECTOR 7.00%
PUBLIC WORKS INSPECTOR 3.00%
RECREATION SUPERVISOR 5.50%
SAFETY COMPLIANCE FACILITY OFFICER 5.50%
SAFETY COORDINATOR 3.00%
SENIOR ADMINISTRATIVE ASSISTANT 3.25%
SENIOR CIVIL ENGINEER 5.50%

SENIOR COMMUNITY MAINTENANCE
WORKER

3.00%
SENIOR ENGINEERING ASSISTANT 3.00%
SENIOR EVIDENCE TECHNICIAN 3.00%
SENIOR FIRE INSPECTOR 3.00%
SENIOR LIBRARY ASSISTANT 3.00%
SENIOR MANAGEMENT ANALYST 5.50%
SENIOR PROJECT MANAGER 5.50%

SENIOR SOLID WASTE MAINTENANCE
WORKER

6.00%
SENIOR SOLID WASTE OPERATOR 6.00%
SHOP AND PARTS SPECIALIST 3.00%
SIGNAL LIGHT TECHNICIAN 12.00%
SIGNAL LIGHT TECHNICIAN ll 3.00%
SIGNAL LIGHT TECHNICIAN ll 3.00%
SOLID WASTE MAINT CREW LEADER 6.00%
SOLID WASTE MAINTENANCE WORKER 6.00%
SOLID WASTE MANAGER 5.50%
SOLID WASTE OPERATOR 6.00%
SOLID WASTE SUPERVISOR 12.00%
STREET MAINTENANCE CREW LEADER 4.75%
STREET MAINTENANCE WORKER I 4.75%
STREET MAINTENANCE WORKER II 4.75%
STREET MAINTENCE MANAGER 5.50%
STREET SUPERVISOR 7.50%
TRAFFIC MAINTENANCE WORKER 4.75%
UTILITY BILLING MANAGER 5.50%

7.5 Consent Page 77

CITY OF TULARE
SALARY SCHEDULE - OCTOBER 15, 2024
WASTEWATER COLLECTIONS MAINT. CREW
LEADER

4.25%

WASTEWATER COLLECTIONS MAINTENCE

SUPERVISOR

4.25%

WASTEWATER COLLECTIONS MAINTENCE
WKR I

4.25%

WASTEWATER COLLECTIONS MAINTIENCE
WKR II

4.25%
WASTEWATER ELECTRICAL TECH I 3.00%
WASTEWATER ELECTRICAL TECH Il 3.00%
WASTEWATER MAINTENANCE SUPERVISOR 5.25%
WASTEWATER MAINTENCE TECHNICIAN I 5.50%
WASTEWATER MAINTENCE TECHNICIAN II 5.50%

WASTEWATER TREATMENT PLANT LEAD

OPERATOR

3.50%
WASTEWATER TREATMENT PLANT MANAGER 5.50%

WASTEWATER TREATMENT PLANT OPERATOR
I

3.50%

WASTEWATER TREATMENT PLANT OPERATOR
II

3.50%

WASTEWATER TREATMENT PLANT OPERATOR
III

3.50%

WASTEWATER TREATMENT PLANT OPERATOR

TRAINEE

3.50%

WASTEWATER TREATMENT PLANT

SUPERINTENDENT

5.50%

WATER & WASTEWATER COLLECTION UTILITY

MANAGER

5.50%
WATER CONSERVATION WORKER 3.00%
WATER TREATMENT SUPERVISOR 3.00%
WATER TREATMENT TECHNICIAN 6.50%
WATER UTILITY MAINT. WORKER I 5.75%
WATER UTILITY MAINT. WORKER II 5.75%
WATER UTILITY MAINTENCE CREW LEADER 5.75%
WATER UTILITY SUPERVISOR 5.25%

7.5 Consent Page 78
Staff Report
Meeting: City Council
Date: October 15, 2024
Department: Community Development - Housing
Submitted by: Gladys Avitia, Housing and Grants Specialist Agenda Title: Professional Services Agreement with Baker Tilly

RECOMMENDED ACTION
Adopt a resolution approving the establishment of a professional services agreement with the firm Baker Tilly to prepare the City’s Consolidated Plan for fiscal years 2025-2029, an Analysis of Impediments to Fair Housing Choice, and other related reports; and authorize the City Manager or designee to execute the agreement between the City of Tulare and Baker Tilly, subject only to minor conforming or clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
The City of Tulare (City) is required by the U.S. Department of Housing and Urban Development (HUD) to develop a Five-Year Consolidated Plan that outlines the City’s community development priorities and goals, which includes an assessment of socioeconomic, housing, and other local needs. A Consolidated Plan guides the yearly allocation of Community Development Block Grant Program funds and may also inform the deployment of other state and/or federal grant funds through the HOME Investment Partnerships, Cal Home, and other programs. Additionally, the City will utilize this period of time and work with a consultant to update the underlying data and related strategies of an Analysis of Impediments to Fair Housing Choice (AI). This AI document is necessary to identify potential barriers to fair housing access among members of the local community and outline actions to address these issues.

Additionally, Baker Tilly proposed reasonable pricing for the services to be provided, making their project plan both cost-effective and comprehensive.

It is staff’s recommendation to proceed with Baker Tilly as the selected contractor for this project.

Item #: 7.6
Consent

7.6 Consent Page 1

FISCAL IMPACT & FUNDING SOURCE(S)
A proposed fee service of $70,000, which will involve payment through the City’s Community Development Block Grant Funding for Fiscal Year 2024 (Fund 077) and Planning Professional Services Fund (008-4610-2017)

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny: Reject the proposed resolution and re-administer a RFP. This will delay submission of Five-Year Consolidated Plan and AI and may place the City out of compliance with the U.S.

Department of Housing and Urban Development.

3. Table: Reschedule consideration of this item to a future City Council meeting. This will delay submission of Five-Year Consolidated Plan and AI and may place the City out of compliance with the U.S. Department of Housing and Urban Development.

ATTACHMENTS

1. Resolution

2. Draft Agreement for Professional Services

3. Copy of Proposal from Baker Tilly

4. Copy of the Request for Proposal document
Reviewed/Approved:

7.6 Consent Page 2
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

APPROVING THE SELECTION OF A CONSULTANT TO DEVELOP THE FIVE-YEAR

CONSOLIDATED PLAN (CONPLAN) AND ANALYSIS OF IMPEDIMENTS (AI) AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Tulare to develop a five-year Consolidated Plan (ConPlan) in order to maintain compliance with HUD’s funding requirements; and WHEREAS, the ConPlan outlines the City’s community development priorities, including housing and homelessness needs, affordable housing strategies, and services for low- and moderate-income residents, seniors, and other vulnerable populations; and WHEREAS, the City of Tulare issued a Request for Proposals (RFP) to solicit qualified consultants to assist in the preparation of the ConPlan, including the Citizen Participation Plan, Strategic Plan, and Analysis of Impediments (AI); and WHEREAS, the City has evaluated the proposals received and has selected Baker Tilly, who has demonstrated the expertise and capacity to lead the development of the ConPlan, including all related documents, in accordance with HUD’s requirements and the City’s needs; and
WHEREAS, Baker Tilly will be responsible for leading community outreach efforts, data collection and analysis, and preparation of all written materials, while collaborating with City staff to ensure the timely submission of the ConPlan through HUD’s Integrated Disbursement and Information System (IDIS); and
WHEREAS, the City Council desires to authorize the City Manager to enter into an agreement with Baker Tilly for the development of the five-year Consolidated Plan and related documents
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Tulare, as follows:

Section 1. The selection of Baker Tilly as the consultant to develop the five-year Consolidated Plan (ConPlan) for the City of Tulare, as described in the scope of work set forth in the Request for Proposals, is hereby approved.

Section 2. The City Manager is hereby authorized and directed to execute the professional services agreement with Baker Tilly for the development of the ConPlan and related documents.

Section 3. The City Manager is further authorized to take any and all actions necessary to implement the terms of the agreement and ensure the timely completion and submission of the ConPlan.

7.6 Consent Page 3
Resolution 2024-XX

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the Council of the City of Tulare this 15th day of October 2024.

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

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

7.6 Consent Page 4
Professional Services Agreement
City of Tulare

CITY OF TULARE

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) entered into this day of 2024, by and between Baker Tilly LLC. (“CONSULTANT”), and the City of Tulare (“CITY”).

WITNESSETH
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and WHEREAS, the CITY has the desire to secure certain technical and professional services to assist the City in preparing the City’s Consolidated Plan for the fiscal years of 2025 through 2029 and an Analysis of Impediments to Fair Housing Choice and other related reports, and hereinafter referred to as the "PROJECT"; and WHEREAS, the CONSULTANT represents it is qualified and willing to provide such services pursuant to terms and conditions of this Agreement:

NOW, THEREFORE, BE IT AGREED, by and between the CONSULTANT and the CITY as follows:

1. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work
The CITY agrees to pay for services described in Exhibit “A” [Scope of Services] - attached hereto and incorporated herein by this reference.

B. Additional Services
Incidental work related to the PROJECT and not provided for in Exhibit "A" may be needed during the performance of this Agreement. The rate for such additional service shall be “on call” services and based upon an hourly rate as set forth on CONSULTANT’S 2024 compensation rates.

Such additional services shall not be performed by CONSULTANT without the express written consent of CITY.

2. COMPENSATION
A. Total Compensation
CONSULTANT agrees to perform the services as described in Exhibit “B” – Fee Proposal & Compensation Rates - plus rates or fee alternatives for additional services to be performed as mutually agreed upon between CITY and CONSULTANT. Any additional services other than those provided for in Exhibit “A” will be performed on an “on-call” basis and these additional

7.6 Consent Page 5
Professional Services Agreement
City of Tulare
services will be billed on an hourly rate based upon CONSULTANT’S 2024 compensation rates.

B. Invoicing & Payment
As sole compensation for the performance of the services, the City will pay Consultant a consulting rate for each service classified as provided for in Exhibit “B” attached hereto. Any expenses incurred by Consultant in performing the services will be the sole responsibility of Consultant unless other arrangements are made before such expenses are incurred.

Consultant will invoice the City on a monthly basis. The City will pay each such invoice no later than thirty (30) days after its receipt.

3. AUTHORIZED REPRESENTATIVE
The [City Staff Project Manager], or his/her Designee shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Tulare is specifically required.

4. TERMINATION
The CITY or the CONSULTANT may terminate this Agreement at any time by giving written notice of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In such event, all finished and unfinished documents and other materials shall, at the option of the CITY, become its property. If this Agreement is terminated by the CITY as provided for herein, the CONSULTANT shall be paid for the tasks (as set forth in Exhibit “B”) satisfactorily completed prior to the date of termination, and in the amounts set forth herein, including CONSULTANT'S reasonable costs associated with the termination itself if termination effectuated by CITY, less deduction, if any, to the CITY for damages suffered as a result of the CONSULTANT'S failure to comply with the terms of this Agreement, if such is the case or cause of termination.

5. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY or another public official of the governing body of the locality or localities in which the work, pursuant to this Agreement is being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work shall:

7.6 Consent Page 6
Professional Services Agreement
City of Tulare

1. Participate in any decision relating to this Agreement which effects his or her personal interest or the interest of any corporation, partnership, or association in which he or she has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his or her tenure or for one year thereafter.

B. The CONSULTANT hereby covenants that they have, at the time of the execution of this Agreement, no interest, and that they shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having such interest shall be employed.

The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bonafide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warrant, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement without liability, or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

6. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties. The CONSULTANT shall not assign, delegate, or transfer the rights and duties under this Agreement or any part thereof, without the prior written consent of the CITY.

7. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

8. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

9. PUBLICATION

7.6 Consent Page 7
Professional Services Agreement
City of Tulare
No report, information, or other date given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY. Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect to hold in confidence any confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

10. COPYRIGHTS
The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.

11. INDEMNIFICATION AND INSURANCE
A. As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, employees, and the CITY’S designated volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising directly out of CONSULTANT'S negligent acts, errors or omissions in the performance of his/her professional services under the terms of this contract.

As respects all acts or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at the CITY’s option), and hold harmless CITY, its employees, agents, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature caused in whole or in part by any negligent act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

B. Without limiting the CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
i. Workers’ Compensation Insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident.
ii. Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Broad Form Property Damage (if applicable), Independent

7.6 Consent Page 8
Professional Services Agreement
City of Tulare
Contractors' Liability (if applicable), in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form.
iii. Professional Liability Insurance coverage, including contractual liability, in an amount not less than One Million Dollars ($1,000,000), and CONSULTANT shall maintain such coverage for at least four (4) years from the termination of this Agreement; and during this four (4) year period, CONSULTANT shall use CONSULTANT’S best efforts to ensure that there is no change of the retroactive date on this insurance coverage.
iv. Comprehensive Auto Liability coverage, including (as applicable) owned, non-owned and hired autos in an amount of not less than One Million Dollars ($1,000,000) per occurrence, combined single limit, written on an occurrence form.

C. Each insurance policy required by this Agreement shall contain the following clauses:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Manager. “It is agreed that any insurance maintained by the CITY shall apply in excess of and not contribute with insurance provided by this policy.”
Each insurance policy required by this Agreement, excepting policies for workers' compensation and professional liability, shall contain the following clause:
“The City, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of, the named insured, performed under contract with the City.”
D. Upon CITY's request or immediately prior to initiation of any work under this contract, (whichever comes first), CONSULTANT shall deliver to the CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of CITY'S request, CONSULTANT shall provide to the CITY endorsements to the above- required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the CITY, it shall be CONSULTANT'S responsibility to see that the CITY receives documentation acceptable to the CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. Also, the CITY has the right to demand, and to receive

7.6 Consent Page 9
Professional Services Agreement
City of Tulare
within a reasonable time period, copies of any insurance policies required under this Agreement.

E. In addition to any other remedies, the CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the CITY may, at is sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT
hereunder until CONSULTANT demonstrates compliance with the requirements hereof.

3. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies the CITY may have and is not the exclusive remedy for CONSULTANT'S failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT'S or its subcontractor's performance of the work covered under this Agreement.

12. OWNERSHIP OF DOCUMENTS
All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

13. NOTICES
Notice shall be sufficient hereunder if personally served upon the City Manager of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

Consultant City of Tulare
Jolena Presti Melissa Hermann
Project Lead Chief Deputy City Clerk
205 N. Michigan Ave., 26th floor City of Tulare
Chicago, IL 60601 411 E. Kern Avenue
Tulare, CA 93274

7.6 Consent Page 10
Professional Services Agreement
City of Tulare

14. JURISDICTION & CHOICE OF LAW
This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued in the State of California, Tulare County Superior Court. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

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

16. MISCELLANEOUS PROVISIONS
A. CONSULTANT covenants that they presently have no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with performance of service required hereunder.

B. CONSULTANT will not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, marital status, or national origin. CONSULTANT will act to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

C. For the purposes of this agreement electronic signature facsimile shall be deemed the same as an original signature and may be executed in multiple parts.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONSULTANT CITY OF TULARE
By: By:

MARC MONDELL
City Manager

APPROVED AS TO FORM
By:

City Attorney

7.6 Consent Page 11
Professional Services Agreement
City of Tulare

EXHIBIT A
Scope of Services
Objective:

The objective is to develop a five-year Consolidated Plan (ConPlan) as outlined in this RFP and according to the timeline below. The City will select an applicant based on an evaluation process.

Services:

The selected consultant will lead the outreach and composition efforts, supported by City staff as necessary, to complete the ConPlan and related documents in a timely manner.

Once finalized, the consultant will upload the ConPlan and all associated documents into the federal Integrated Disbursement and Information System (IDIS) for HUD review and approval.

The consultant must have a strong familiarity with HUD’s Consolidated Plan requirements and demonstrate the capacity to manage and execute key tasks. With City oversight, the consultant will assume primary responsibility for project management and the complete preparation of the ConPlan, including required components such as the Citizen Participation Plan, Strategic Plan, and Analysis of Impediments (AI). While City staff are available to assist with data compilation and certain sections, their availability is limited, so the consultant must have sufficient expertise and capacity to ensure timely and compliant completion and submission of the ConPlan and related documents.

The consultant will be responsible for organizing community meetings, conducting outreach, researching, analyzing results, and preparing all written materials related to citizen participation, the housing and homelessness needs assessment, housing market analysis, AI, Strategic Plan, and any other necessary documents.

The consultant must engage a broad spectrum of public and private agencies that provide housing, health care, employment, and social services to low- and moderate-income individuals, seniors, those experiencing homelessness, and other vulnerable populations.

The resulting reports should clearly link community goals, objectives, and priority needs with actionable progress to achieve these goals on an annual basis. Work will include data collection and analysis of both quantitative and qualitative information to assess trends within the City of Tulare and, where relevant, neighboring jurisdictions. Most data should come from credible public sources like the U.S. Census, American Community Survey, U.S.

Bureau of Labor Statistics, and comparable databases, although some independent research will also be required.

Where appropriate, the ConPlan and other documents should include clear tables, charts, graphs, and/or maps to support the narrative. The consultant will submit all documentation in various formats, including Word, Excel, PDF, and JPEG, before final delivery within IDIS.

The consultant must allocate the necessary team members, time, and resources to meet with City staff and complete all items outlined in this RFP and in initial scoping meetings. A

7.6 Consent Page 12
Professional Services Agreement
City of Tulare
realistic project timeline, including key milestones, will be required from the selected applicant based on the events and deadlines identified below.

TASK A- PLAN

ACTIVITY COMPLETION DATE
Data collection for all needs
assessment and AI plan
• Information review
• Outreach and marketing
• Creation of questionnaires
• Launch of questionnaires
December 20, 2024
• October 28, 2024 – November 15,
2024
• November 4, 2024 – November 15,
2024
• November 11, 2024 – November 22,
2024
• December 2, 2024 – December 20,
2024

TASK B- EXPLORE

ACTIVITY COMPLETION DATE
Input sessions (consultation with
residents and stakeholders)
• Focus groups (organizations) and
public workshops (citizens)
• First public hearing
• December 2, 2024 – January 10,
2025
• December 2, 2024 – January 10,
2025
• December 3, 2024

TASK C - ANALYZE

ACTIVITY COMPLETION DATE
First draft of AI submitted to City for
review by staff
February 7, 2025
City review and comment on AI to
Consultant
February 14, 2025
AI — Final bound edition (PDF and
Word) version for City files and IDIS
data entry
March 14, 2025
Initial draft of Con Plan, Action Plan,
and Citizen Participation Plan
submitted to City staff for review
February 7, 2025
Work with City staff to clarify, review
draft plans as need
February 21, 2025
Public notice March 16, 2025
Public comment period March 16, 2025 – April 15, 2025

7.6 Consent Page 13
Professional Services Agreement
City of Tulare
Second public hearing, adoption of
plans
On or before May 6, 2025

TASK D - REPORT

ACTIVITY COMPLETION DATE
Final Con Plan, Action Plan and
Citizen Participation Plan submitted to
HUD through IDIS
On or before May 13, 2025

7.6 Consent Page 14
Professional Services Agreement
City of Tulare

EXHIBIT B
Schedule of Fees

SERVICES FOR THE CITY OF
Services for the City of Tulare Fees
TASK A — PLAN $29,205
TASK B — EXPLORE $15,048
TASK C — ANALYZE $13,484
TASK D — REPORT $12,263
TOTAL $70,000

7.6 Consent Page 15
1 September 23, 2024
City of Tulare
Proposal for FY 2025-2029 five-year consolidated plan
and analysis of impediments
The question isn’t where will you start, it’s how far will you go.

7.6 Consent Page 16
Contents
The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought.

Baker Tilly US, LLP and Baker Tilly Advisory Group, LP and its subsidiary entities provide professional services through an alternative practice structure in accordance with the AICPA Code of Professional Conduct and applicable laws, regulations and professional standards. Baker Tilly US, LLP is a licensed independent CPA firm that provides attest services to clients. Baker Tilly Advisory Group, LP and its subsidiary entities provide tax and business advisory services to their clients. Baker Tilly Advisory Group, LP and its subsidiary entities are not licensed CPA firms.

Baker Tilly Advisory Group, LP and Baker Tilly US, LLP, trading as Baker Tilly, are independent members of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is a separate and independent legal entity, and each describes itself as such. Baker Tilly Advisory Group, LP and Baker Tilly US, LLP are not Baker Tilly International’s agent and do not have the authority to bind Baker Tilly International or act on Baker Tilly International’s behalf. None of Baker Tilly International, Baker Tilly Advisory Group, LP, Baker Tilly US, LLP nor any of the other member firms of Baker Tilly International has any liability for each other’s acts or omissions. The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited.

QUALIFICATIONS............................................................................................................1 PROJECT TEAM ..............................................................................................................6 REPRESENTATIVE PROJECTS ...................................................................................11 RESUMES OF PROJECT TEAM ...................................................................................13 WORK PLAN AND SCHEDULE.....................................................................................21 COST PROPOSAL .........................................................................................................36 We felt we had the proper time and information to
complete this project. A lot of that praise needs to
go to Baker Tilly that set up a process to keep us
focused and to get the job done.

Taskforce committee member | Baker Tilly client
“

7.6 Consent Page 17
Gladys Avitia, Housing and Grant Specialist
City of Tulare
Delivered electronically
Dear Ms. Avitia:

You told us you’re looking for an experienced consultant to develop your five-year Housing and Urban Development (HUD) Consolidated Plan and Analysis of Impediments to Fair Housing Choice (AI) for fiscal year 2025-2029. This proposal is the starting point — our vision of how we can protect and enhance organizational impact as we achieve your immediate goals to:
• Develop a five-year Consolidated Plan for HUD program year 2025-2029 • Create a first-year annual action plan for 2025-2026
• Update the AI to fair housing choice
• Prepare a Citizens Participation Plan
• Conduct a Housing and Community Development Needs Assessment For a suburban and rural-oriented community with a growing and diverse population like the City of Tulare (City), we know there’s not just one finish line. Transformational success means looking beyond your first goal and imagining the next one. And the one after that. And then the one nobody has even thought possible. Your Baker Tilly team will support you through every step of the journey — during your consulting project and beyond.

We’re prepared to redefine what service means for the City. It’s not about ticking boxes. It’s about navigating complex landscapes and blazing new trails.

The approach shared in our proposal shows how important the City will be to us as a client.

We can’t wait to get started.

Sincerely,
Jolena Presti, AICP, Managing Director
+1 (414) 777 5490 | [email protected]
Baker Tilly Advisory Group, LP
11150 Santa Monica Blvd
Suite 600
Los Angeles, CA 90025
T: +1 (310) 826 4474
bakertilly.com
You are ready to step
beyond the boundaries
of everyday success.

It’s only natural. Leaders
don’t live in comfort
zones. Neither do we.

This is why there’s
limitless potential ahead
of us when we join
forces.

7.6 Consent Page 18
1 Qualifications
As your guide, we champion your goals, anticipate your challenges and pioneer new territory together.

Venturing beyond the expected with the City of Tulare
We’ll pursue a five-year Consolidated Plan and AI for the City of Tulare by treating your challenges as our own. The world never stands still, and neither do we. Transformational success doesn’t follow a familiar path. We reach it by seeing what others don’t, by stepping confidently into the unknown and by routinely asking hard questions of the City to pursue undiscovered answers.

We serve communities of various sizes and geographical regions, with industry expertise in state and federal regulations. We understand the issues public entities face, providing more than 225,000 hours annually to the public sector. We recognize the complexity of this environment and further organize the partners and staff into niche fields within the public sector service group, including audit and assurance, municipal advisory services and management consulting.

Guiding you with our resources, reputation and reach
Our ranking as the 10th-largest advisory and accounting firm means we’re actively leading and shaping the
industry landscape. We have a seat at the table with
regulators and public sector associations, which
translates to the opportunity to share our clients’
perspectives and bring valuable insights back to the
City.

When you choose Baker Tilly, you’re not just choosing a leading advisory, tax and assurance firm. You’re
choosing a skilled navigator for the road ahead.

More than anything, the City will receive an exceptional experience for your management team and — ultimately — your customers. Below are some key facts about our consulting practice, including the depth of resources that stand ready to support your core project team:

GIVING YOU THE TOOLS YOU NEED TO NAVIGATE THE FUTURE
Baker Tilly will successfully guide the City through changing landscapes with skills, stability and strength as one of the oldest and largest advisory, assurance and tax firms in the United States.

7.6 Consent Page 19
2 QUALIFICATIONS
Delivering specialized expertise to our public sector clients State and local government is a complex, unique environment shaped by fiscal, regulatory and operational considerations not found in other industries. Recognizing this complexity and eager to serve as a true valued advisor to the public sector, Baker Tilly formalized its dedicated public sector specialization more than 50 years ago. Today, more than 350 Baker Tilly professionals — including nearly 30 principals — focus directly on serving governments and provide hundreds of thousands of client service hours annually to organizations like the City.

Nationwide, our public sector practice has served nearly 4,000 state and local governmental entities, including municipalities, counties, school districts, utilities, transit organizations, airports and special authorities. Several of these client groups are now served by dedicated specialists in distinct subpractices.

COMMITMENT TO THE PUBLIC SECTOR
Baker Tilly has been in business for more than 90 years, and public sector entities were some of our first clients.

Our full range of service offerings for local governments includes:

Public finance/bond issuance* Financial management services Arbitrage/rebate regulatory compliance Investment services** Capital planning Grant Pursuit and Administration
Tax increment financing (TIF) management Public sector human capital services User fees Efficiency studies
Financial Reporting & GAAP services Attestation services Cybersecurity planning Accounting services
*Services provided by Baker Tilly Municipal Advisors, LLC, a registered municipal advisor and controlled subsidiary of Baker Tilly Advisory Group, LP, a tax and advisioryfirm.
** Services provided by Baker Tilly Investment Services, a division of Baker Tilly Wealth Management, which is a registered investment advisor and subsidiary of Baker Tilly Advisory Group, LP.

7.6 Consent Page 20
3 QUALIFICATIONS
Walking with you every step of the way — starting right here in California
Baker Tilly has more than 800 professionals across nine California locations, here for you. For the City, that means exceptional service from a local team passionate about protecting and enhancing your value and standing ready to draw on our broad national resources as your goals or needs evolve.

COVERING MORE OF THE CALIFORNIA MAP TO SUPPORT THE CITY OF TULARE When the City wants a team with an in-depth understanding of economic conditions, knowledge of regional and state regulations and local assistance, you won’t have to go far.

Why choose Baker Tilly?
We believe Baker Tilly is qualified to meet the City of Tulare’s consulting and compliance needs for several reasons. As you evaluate service providers, we encourage you to consider the following factors that differentiate us in the marketplace and that we believe matter most to you.

COVID-19 relief funding experience
Over the past year and a half, we have
supported hundreds of clients from coast to
coast with the full range of COVID-19 relief
funding services. As shown, these clients
represent the District of Columbia and 37 of
the 50 states, totaling over a billion dollars
of relief funding awards.

Our significant experience with COVID-19 relief funding gives us unique insights and capabilities to assist the City with the near and long-term strategy, program development, administration and controls related to these funds.

7.6 Consent Page 21
4 QUALIFICATIONS
Previous experience with federal grants to cities and counties Baker Tilly’s experience with federal grants is rooted in our knowledge of the federal single audit guidelines and the volume of single audits we conduct annually. Since the passage of the Single Audit Act of 1984, Baker Tilly has recognized the importance of becoming specialists in this highly complex area.

Our firm currently performs more than 500 single audits each year, ranking Baker Tilly in the top three nationally, based on the number of audits conducted by CPA firms.

Key members of the team bring expertise in grants and program management across federal, state and local government agencies, as well as not-for-profit organizations.

This includes hands-on experience in grant application, pre- and post-award oversight, federal guidance interpretation and application, grantee programmatic record oversight, staff training, budget development and oversight, and technical compliance.

In addition to the COVID-19 funding related projects highlighted earlier in this submission, the professionals identified in this proposal bring experience with an array of federal grant programs, including:
• Department of Homeland Security
• Department of HUD grants
• Department of Justice
• Federal Emergency Management Agency
• U.S. Department of Transportation grants
• U.S. Economic Development Administration grants
• U.S. Environmental Protection Agency Brownfield grants Through the volume of single audits we conduct annually, in addition to providing our public sector clients with financial, operational, compliance and risk services, Baker Tilly has experience with the following program:
• Adult and Child Food Programs
• American Rescue Plan
• ARRA Capital Improvement Program
• ARRA Homelessness Prevention Program
• ARRA Increase Services to Health Centers
• Assistance Payments — Maintenance
Assistance
• Block Grants for Prevention and Treatment of
Substance Abuse
• Child Support
• Child Welfare Services Grants
• Clean Water Fund Grants
• Community Development Block Grants
• Community Food Projects
• Community Health Centers
• HUD Capital advances
• HUD Insured Mortgages
• Medicaid Provider Audits
• Medical Assistance Program
• National School Lunch Program
• NI Charter School — Titles I to V
• Non-point Source Water Pollution Abatement
• Public Housing Authority Owned Housing
• Refugee Admission Program
• Refugee and Entrant Assistance
• Relief to Needy Indians
• Rural Development Loans
• Rural Rental Assistance Payments
• Ryan White II and III
Single audit leadership
Baker Tilly conducts more than
500 single audits each year,
ranking us in the top three
nationally, based on number of
audits conducted by CPA firms.

7.6 Consent Page 22
5 QUALIFICATIONS
• Community Integration Program
• Community Planning and Development
Grants
• Community Options Program
• Community Services Block Grants
• Coronavirus Aid, Relief and Economic
Security
• County Handicapped Children’s Education
Board
• Economic Development Administration
Grants
• Food Aid Nutrition Enhancement Program
• Food and Nutrition Audits — Department of
Public Instruction
• Food Stamp Fraud Administration
• Foster Care Title IV-E
• General Relief
• Handicapped Education Aid
• Headstart
• HOME Investment Partnership Program
• Housing Assistance Payments —
Moderate Rehab
• School Breakfast Program
• Section 8
• Social Services Block Grants
• Special Education Grants for Infants and
Families
• Stephanie Tubbs Jones Child Welfare
Services Program
• Substance Abuse and Mental Health Services
• Summer Food Service Program for Children
• Supplemental Nutrition Assistance Program
• Supportive Home Care
• Temporary Assistance for Needy Families
• Urban Mass Transit Administration Grants
• USAID’s International Food Relief
• Vocational Rehabilitation Grants to States
• W-2
• WIC Program
• Workforce Investment Act — Adult, Youth
Activities and Dislocated Worker Programs
• Wraparound Funded Housing

7.6 Consent Page 23
6 Project team
We assemble the right team with the right experience for the City of Tulare to serve you year after year and take you further than anyone thought possible.

Organizational chart
You will work with our best and brightest public sector professionals who will be dedicated to you and the industry you serve.

Leading the City's five-year Consolidated Plan and AI services and uncovering opportunities along the way
Meet the five-year Consolidated Plan and AI team we’ve assembled to achieve everything you envision.

Selected intentionally for your goals and backed by our specialized resources, these individuals are collaborative and multidisciplinary. Their passion for the public sector industry will make them an unstoppable force on your behalf. You’ll find their bios below and complete resumes on page 13.

7.6 Consent Page 24
7 PROJECT TEAM
THE TEAM TO ACHIEVE THE CITY OF TULARE’S GOAL
Your engagement leadership team orchestrates our services to bring the right people with the right experience together to move you forward
Jolena Presti — Project lead
Jolena has more than 20 years of experience advancing innovative solutions for public and private sector clients. Jolena has a targeted practice in economic development strategy and implementation of complex public and private redevelopment and community revitalization efforts. Jolena joined Baker Tilly as a Managing Director after 15 years in leadership with a Midwest economic development and planning firm, where she was Principal of the Milwaukee office.

Jolena earned a Master of Public Administration and Urban Planning from the University of Washington, Seattle. Jolena is a member of the American Institute of Certified Planners (AICP) and the American Planning Association.

Marvalette Hunter — Project director
Marvalette has more than 30 years of experience in the areas of local government administration, affordable housing, economic development, community planning, transportation and infrastructure. She works collaboratively with clients in our public sector advisory on various strategic planning initiatives. In her most recent role, Marvalette served for eight years as the Chief of Staff to Houston Mayor Sylvester Turner where she worked to develop and implement the City’s strategic priorities while ensuring alignment of its 23 departments representing more than 21,000 employees. Additional experience includes roles as Chief Development Officer for Harris County Housing Authority, Executive Director of the Third Ward Redevelopment Council and Project Manager for the City of Houston Housing and Community Development Department where she led the development of the City's HUD Consolidated Plan. Marvalette is a member of the American Institute of Architects and American Planning Association.

Monique Caston, MSW, MSM — Project manager
Monique has 17 years of progressive leadership experience working in the public, private and not-for-profit sectors. She is a subject matter specialist in affordable housing, grants administration and program management. Monique provides program management assistance to assess and document client resources to determine current and desired operating states to ensure alignment with organizational visions and goals. She has worked alongside several government agencies such as the Department of HUD, the Chicago Housing Authority (CHA) the District of Columbia Housing Authority (DCHA) and Cook County Government in Illinois. While at CHA, Monique provided oversight of several programs within the Resident Services department, including the Family Self-Sufficiency, Homeownership and Mobility Counseling programs. Monique has experience working with various federal funding grant sources, including Community Development Block Grant (CDBG), Continuum of Care (CoC), HOME, HOME-ARP, Emergency Solutions Grant (ESG), VASH, JAG, FEMA and UASI funds.

While working with Baker Tilly, Monique has served as Project Manager for several projects inclusive of Consolidated Plans, AI to Fair Housing Choice and HOMEARP Allocation Plans.

7.6 Consent Page 25
8 PROJECT TEAM
THE TEAM TO ACHIEVE THE CITY OF TULARE’S GOAL
Your engagement leadership team orchestrates our services to bring the right people with the right experience together to move you forward
Sam Bucheger — Subject matter specialist
Sam is a market study analyst with Baker Tilly and has been with the firm since 2019. He is a member of the firm’s real estate advisory group and provides market research and consulting services. He provides effective and practical solutions for property owners, tenants, mortgage lenders, public officials and others involved in all aspects of the real estate process.

Sydni Pierce — Subject matter specialist
Sydni joined Baker Tilly in 2023 as a senior consultant and has previously worked on community economic development projects. She has more than five years of experience in public sector consulting at the state and federal levels. During this time, she has participated in federal grant writing and management, economic development, organizational redesign for non-profits and federal agencies and policy analysis engagements. She previously worked in a property management role specializing in U.S. HUD CDBG compliance at a community development corporation. As an economic development finance specialist at the governor’s office in Texas, she led the designation of Opportunity Zones across the state. She is a member of the Urban Land Institute Indiana district council.

Subcontractor
Baron J. Bell — Community Development Experts (CDE), subject matter specialist (Consolidated Plan, Annual Action Plan, AI)
Baron has more than 25 years of professional experience working on programs and projects related to the U.S. Department of HUD’s Community and Planning Development Department. He is an experienced trainer in HUD programs and reporting systems used by the department to enhance community-based organizations’ efforts in improving the quality of life within their communities.

Baron will serve as the consulting team’s technical expert in the areas of:
• Federal regulations from the Department of HUD
• Tasks related to the completion of the Consolidated Plan, Annual Action Plan, and the AI for Fair Housing Choice
• Integrated disbursement and information systems (IDIS) and HMIS technical assistance
• CDBG/HOME/HOME-ARP, ESG/HOPWA federal funding
• Coordinated entry
• Needs assessment
• Housing market analysis

AN INTEGRATED TEAM WORKING TOGETHER FOR SUCCESS
Each professional on your team was selected for a reason, but it’s our collective brainpower and collaboration that will ultimately make a difference for the City of Tulare.

Strength in collaboration
Baker Tilly collaborates with other service providers on select projects to respond to the opportunities and challenges more efficiently and effectively.

7.6 Consent Page 26
9 PROJECT TEAM
For the City, Baker Tilly has established a collaborative project team that is committed to helping the City achieve its vision. During our engagement, the City will have access to professionals who have dedicated their careers to the public sector and who are actively serving other municipalities. Baker Tilly will work with CDE during our engagement with the City.

Community Development Experts (CDE) overview
IDIS is the HUD’s real-time mainframe system that grantees (cities, counties and states) use to draw down federal funds and report program performance for the formula grant programs. CDE provides basic and advanced training courses in IDIS, as well as technical assistance. Each of the training courses provides a comprehensive learning experience for the basic and advanced participants. The courses are also designed to provide both finance and program staff with the necessary exposure and practice on system features related to their expected IDIS duties and responsibilities. Combined with an interactive, lighthearted training method, these courses have proven effective at imparting a successful training/learning experience for workshop participants. CDE’s technical assistance service is directed toward problem-solving by working directly with grantee IDIS data in combination with other grantee financial and program documents.

CDE’s training and expertise in IDIS combined with more than 23 years of experience working on the Department of HUD grant programs results in a more robust set of services for clients. During the early days of the Consolidated Plan process, the partners functioned as team members on various project assignments conducting Community Planning and Development (CPD) training and technical assistance.

The partners also managed major training contracts for prime contractors responsible for implementing training programs for the Consolidated Plan, IDIS and grants management process (GMP).

CDE continues to be a prominent service provider among HUD grantees and maintains a client base of some of the larger grantee communities. These clients operate some of the largest multi-million-dollar entitlement grant programs and trusts CDE to care for their data quality for reporting as well as the accurate and timely submissions for the Action Plan and consolidated annual performance and evaluation reports (CAPER).

Building trust with our client-focused approach to staffing to demonstrate how important you are to our firm
The work we do matters to you, and it matters to us. Your Baker Tilly principal will reimagine your challenges and deliver value that exceeds your expectations to give you peace of mind.

Experienced specialists chosen by your principal will contribute insights into your distinct challenges.

Your engagement leaders won’t just see you at the project kickoff,. They stay involved, keeping an open line of communication with you to ensure the process runs smoothly. As a team, we work together to bring the City of Tulare:

7.6 Consent Page 27
10 PROJECT TEAM

OUR LEADERS WILL PRIORITIZE YOUR WORK
Our principals and managers work hard to earn your trust every step of the way. By leaning into our work with the City of Tulare, they intimately understand your organization to deliver a positive impact.

7.6 Consent Page 28
11 Representative projects
Don’t just take our word for it. Talk with similar clients to learn how we help them overcome challenges and reach new heights.

Demonstrating that we've been down this path before
The experiences of our clients speak more to Baker Tilly’s capabilities than any proposal ever could.

That’s why we encourage you to talk with our clients. Here are a few individuals who welcome the opportunity to share their Baker Tilly experience.

Each will give you an authentic perspective as you consider your own needs.

CITY OF ;;;;;;;;;;, ;;;;;;;;;
Name ;;;;;;;;;;; Title ;;;;;;;;;;;;
Phone ;;;;;;;;;;; Email
Cost $117,149 Dates February 2024 to present
Services Baker Tilly has worked with the City since February 2024 to prepare their updated AI, Consolidated Plan, Annual Action Plan and a Windshield Survey. To complete the City’s AI, the firm facilitated focus groups, public meetings and surveys while analyzing policies, housing patterns, demographics and economic factors to provide data-driven recommendations for addressing impediments. Currently Baker Tilly is working with the City to gather stakeholder and citizen input to finalize the Consolidated Plan and Annual Action Plan.

CITY OF ;;;;;;;;;;;;;;;;;;;
Name ;;;;;;;;;;; Title XXXXXXXXXXX
Phone XXXXXXXXXXX Email XXXXXXXXXXXXXXXXX
Cost $119,000 Dates May 2022 to September 2022
Services Baker Tilly assisted the City with completing a HOME-ARP allocation plan by completing consultation activities with its local CoC, in addition to local public housing authorities (PHAs), and community-based organizations (i.e., providers of various supportive services, veteran-based groups, domestic violence service providers, public/private agencies that address qualifying populations) through the use of focus groups and online stakeholder needs assessment surveys. Additionally, we led public participation efforts on behalf of the City and collected qualitative and quantitative data for support of the identification of potential projects addressing housing and homelessness. Baker Tilly also prepared a demographic profile on behalf of the City and conducted a thorough needs assessment and gap analysis that highlighted areas of opportunity for the City to develop future projects to support HOME-ARP qualifying populations to address homelessness.

XXXXXXXXXXXXXXXXX

7.6 Consent Page 29
12 REPRESENTATIVE PROJECTS

CITY OF XXXXXXXX, XXXXXXXX
Name XXXXXXXXXXX Title XXXXXXXXXXX
Phone XXXXXXXXXXX Email XXXXXXXXXXXXXXXXX
Cost $70,000 Dates December 2022 to March 2023
Services Baker Tilly collaborated with the City to create a HOME-ARP allocation plan. Engagement activities included consultation activities with the local CoC, public housing authorities (PHAs) and community-based organizations. This involved focus groups and online stakeholder needs assessment surveys. Additionally, Baker Tilly facilitated public participation efforts, collecting qualitative and quantitative data to identify potential housing and homelessness projects. Baker Tilly’s demographic profile and needs assessment highlighted opportunities for the City to address homelessness among HOME-ARP qualifying populations.

XXXXXXXX COUNTY, XXXXXXXX
Name XXXXXXXXXXX Title XXXXXXXXXXX
Phone XXXXXXXXXXX Email XXXXXXXXXXXXXXXXX
Cost $134,000 Dates May 2022 to present
Services Under the guidance of County management, Baker Tilly supported the County with completing consultation activities with its local CoC, in addition to local PHAs and community-based organizations (i.e., providers of various supportive services, veteranbased groups, domestic violence service providers, public/private agencies that address qualifying populations) through the use of focus groups and online stakeholder needs assessment surveys to prepare a HOME-ARP allocation plan and an amendment to the HOME-ARP Allocation Plan.

CITY OF XXXXXXXX, XXXXXXX (CDE)
Name XXXXXXXXXXX Title XXXXXXXXXXX
Phone XXXXXXXXXXX Email XXXXXXXXXXXXXXXXX
Cost Project is ongoing – continues to
remain within overall budget
Dates 2015 to present (ongoing project)
Services CDE worked with the City to prepare, complete and submit a variety of HUD-related deliverables, including Consolidated Plans, action plans, CAPERs, needs assessments, strategy development and deployment and the completion of drawdowns for various HUD programs, including HOME, HOPWA, CDBG and ESG. CDE used the eCon Planning Suite as needed to prepare and submit the City’s Consolidated Plan and related documents.

EXPERIENCE MATTERS. ESPECIALLY THE EXPERIENCE OUR CLIENTS RECEIVE Connect with our clients to learn more. Additional references are available by request.

7.6 Consent Page 30
13 Resumes of project team

TITLE TEAM MEMBER
Managing director Jolena Presti
Director Marvalette Hunter
Senior manager Monique N. Caston, MSW, MSM
Senior consultant Sam Bucheger
Senior consultant Sydni Pierce
Subcontractor Baron J. Bell

7.6 Consent Page 31
14 MANAGING DIRECTOR RESUMES OF PROJECT TEAM
Jolena Presti
Jolena Presti is a managing director with Baker Tilly’s development advisory practice.

Jolena has been with Baker Tilly since 2019 and is a practice leader in public sector advisory focused on community solutions in consulting for community growth, strategy and development initiatives around revitalization. Jolena has more than 25 years of experience in the development and advancement of innovative strategies in redevelopment, community and economic development, housing and program and funding solutions for clients nationwide.

Specific experience
• Develops and advances innovative economic development strategic plans and action strategies for economic development, redevelopment, public-private partnerships (P3) and long-term planning initiatives • Performs financial analysis of economic development strategies, P3s and development initiatives to optimize available project financing options
• Advises on complex project implementation strategies focused on advancing client growth initiatives across various land uses including mixed use districts, housing, manufacturing and downtown areas, often engaging P3 and multi-partner initiatives
• Develops and implements layered funding strategies including incentives, grants, tax programs and private funding programs that impact client’s growth initiatives
• Provides application and feasibility reviews for federal and state tax credit, financing, and funding programs, including HUD, CDBG, TIF strategies and projections and consults on redevelopment and TIF agreements
• Formerly worked as a principal and firm geography leader in economic development and redevelopment-focused urban planning and economic development planning and P3 initiatives consulting to public sector and not-for-profit agencies
Industry involvement
• Harbor District, Inc. Milwaukee, Wisconsin, board member • Fox Point Bayside Educational Foundation, board member • Industrial Asset Management Council (IAMC)
• MidAmerica Economic Development Council (MAEDC)
• Wisconsin Economic Development Association (WEDA)
• Certified Urban Planner (AICP), American Institute of Certified Planners • American Planning Association (APA), National and Wisconsin Chapters
Baker Tilly Advisory Group, LP
790 N Water St
Suite 2000
Milwaukee, WI 53202
United States
T: +1 (414) 777 5490
[email protected]
bakertilly.com
Education
Master of Public Administration
Master of Urban Planning
University of Washington
Bachelor of Arts in business
administration and marketing
Lakeland University
(Plymouth, Wisconsin)

7.6 Consent Page 32
15 DIRECTOR RESUMES OF PROJECT TEAM
Marvalette Hunter
Marvalette Hunter is a director with Baker Tilly’s development advisory practice.

Marvalette works collaboratively with clients on a wide range of strategic initiatives, including affordable housing, economic development, strategic planning, real estate development and finance, debt structuring, community planning, transportation and infrastructure.

Specific experience
• Architecture and urban design, city and regional planning, real estate development, multifamily tax credit and tax-exempt bond financing, public housing authority RAD conversions, HUD Consolidated Plans (CDBG, HOME, HOPWA, ESG), TIF districts, management districts, enterprise zones, tax abatements and public/private partnerships (P3) • Served eight years as chief of staff for Houston Mayor Sylvester Turner • Former chief development officer, Harris County Housing Authority • Former VP of community lending, for a Seattle based American savings bank holding company
• Executive director of a not-for-profit development corporation and dominion CDC
Industry involvement
• American Leadership Forum, LV
• Texas Affordable Housing Task Force
• Texas Commission on Jail Standards
• Near Northwest Management District, board member
Community involvement
• Holocaust Museum Houston, trustee
• Rockwell Fund, trustee
• NHS Jack and Jill of America, Inc., past president and national legislative chair
Thought leadership
• “Faith-Based Affordable Housing Development and Resource Guide”, co-author, Fannie Mae Foundation, September 2005
Awards and recognition
• Top 30 Most Influential Women in Houston, 2018
Baker Tilly Advisory Group, LP
11750 Katy Freeway
Suite 1100
Houston, TX 77079
United States
T: +1 (346) 327 6943
[email protected]
bakertilly.com
Education
Master of Regional Planning
Cornell University
(Ithaca, New York)
Bachelor of Architecture
Florida A&M University

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16 MANAGER RESUMES OF PROJECT TEAM
Monique N. Caston
Monique N. Caston is a manager with Baker Tilly’s development advisory practice.

Monique is a subject matter specialist in grants administration, government contracting and strategic planning. She also specializes in program management, policy writing and analysis and program/project compliance.

Prior to joining the firm, Monique oversaw several contracts valued at over $2 million for one of the largest public housing authorities in the U.S.

Specific experience
• Spearheaded a 100% federal program audit of more than 900 public housing and housing choice voucher participant files to ensure thorough and accurate record keeping in compliance with Uniform Guidance, the Code of Federal Regulations (CFR) and locally established policies. Within three months, a mass reconciliation of records for more than 200 participants decreased the agency’s rate of error from 11% to 7%
• Provide management consulting and technical guidance to stakeholders focusing on efficient grant administration, code of federal regulations, adequate finance and procurement policies and procedures to ensure overall contract compliance
• Develop, implement and train staff on standard operating procedures related to administration of federal and state grants to improve operations, interactions and cross collaboration
• Conduct strategic budgeting and resource planning activities to pinpoint spending trends, identify funding reallocation and cost-saving opportunities and forecast future resource needs
• Assess and document client resources to determine current and desired operating states
• Perform gap analyses with clients to support their identification of critical business needs and ascertain strategic, cost-efficient solutions that can be implemented to address gaps within operations • Review funding and contract proposals submitted by potential vendors to ensure the scope of work addresses client procurement needs while prioritizing essential resource requirements
• Provide technical guidance to internal and external stakeholders on grant administration and financial policies, procedures, statutes and regulations to ensure compliance with federal regulations Community involvement
• Alpha Kappa Alpha Sorority, Incorporated®
• Chicago Cares
• A Safe Haven Foundation
Baker Tilly Advisory Group, LP
205 N Michigan Ave
Chicago, IL 60601
United States
T: +1 (312) 228 7262
[email protected]
bakertilly.com
Education
Master of Science in management
with concentration in human
resources
University of Maryland University
College
Master of Social Work
Howard University
(Washington, D.C.)
Bachelor of Science in
architectural studies
University of Illinois at Urbana‒
Champaign

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17 SENIOR ANALYST RESUMES OF PROJECT TEAM
Sam Bucheger
Sam Bucheger is a housing market analyst with Baker Tilly’s real estate advisory practice.

Sam provides market research and consulting services. He provides effective and practical solutions for property owners, tenants, mortgage lenders, public officials and others involved in all aspects of the real estate process.

Specific experience
• Analyzes economic trends within a given market such as employment, median incomes, crime rate and commuting patterns and their relationship to affordable housing within the market area • Analyzes potential development sites to determine suitability for proposed uses in accordance to state and local housing authorities • Compiles primary and secondary data to develop conclusions and provide client recommendations
• Assists with writing market feasibility studies
Industry involvement
• National Council of Housing Market Analysts (NCHMA)
• University of Wisconsin Real Estate Alumni Association Baker Tilly Advisory Group, LP
4807 Innovate Lane
Madison, WI 53718
United States
T: +1 (608) 240 2694
[email protected]
bakertilly.com
Education
Bachelor of Business
Administration in Real Estate and
Urban Land Economics
University of Wisconsin —
Madison

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18 SENIOR CONSULTANT RESUMES OF PROJECT TEAM
Sydni Pierce
Sydni is a senior consultant with Baker Tilly’s development advisory practice.

Sydni is a senior consultant in Baker Tilly’s public sector advisory practice with more than five years of experience in public sector consulting at the state and federal levels. She has participated in federal grant writing, economic development, organizational redesign for not-for-profits and federal agencies, and policy analysis engagements. She is also experienced in economic development and incentive programs, with direct, state-level experience in incentive management and working with federal programs. She is particularly skilled in public finance and data analytics holding certificates in analytics and ArcGIS.

Specific experience
• Consulted on barriers and opportunities for innovation-spurred economic development in New York involving stakeholder interviews, analysis of federal data sources and development of recommendations. • Managed engineering and economic data in PowerBI and authored proposal sections for a regional hydrogen hub funding application to the Department of Energy.
• Recommended changes to back-office operations for a utility sector not-for-profit based on stakeholder interviews and document reviews. • Led the designation of 628 Opportunity Zone tracts in the state of Texas. Designed an Excel model based on economic, demographic and social indicators as well as incorporated development priorities solicited from state and local officials.
• Managed an asset-backed small business loan program including performing application review, financial analysis and
marketing/outreach, and managed a commercial paper program. • Co led a project to bring single-family homes, duplexes and an apartment complex into compliance with CDBG regulations. Conducted outreach to and led meetings with residents.

Baker Tilly Advisory Group, LP
8365 Keystone Crossing
Suite 300
Indianapolis, IN 46240
United States
T: +1 (317) 465 1649
[email protected]
bakertilly.com
Education
Master of Public Affairs
Indiana University Bloomington
Bachelor of Arts in sociology and
economics
Indiana University-Purdue
University Indianapolis

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19 PARTNER RESUMES OF PROJECT TEAM
Baron J. Bell
Baron Bell is a partner with Community Development Experts.

Baron has more than 25 years of relevant professional experience working on programs and projects related to the U.S. Department of HUD’s Community and Planning Development department. Baron is an experienced trainer in HUD programs and reporting systems used by the department, to enhance community-based organizations’ efforts in improving the quality of life within their communities.

Specific experience
Partner, Community Development Experts, Rockville, Md, 2004- present
• Provide training and technical assistance to local governments administering federal housing and community development programs.

Assistance provided in all phases of the grants management life cycle process and in all areas of federal program rules and regulations as cited in the United States Code of Federal Regulations. Specialize in IDIS and con planning suite training, as well as Consolidated Plan training.
• In 2010-2011 Baron was a member of a Community Outreach Alliance team that provided IDIS training and CAPER technical assistance to a public sector client.

Program Specialist, TONYA, INC., Washington, D.C., 1996-2003 • Specialized in IDIS training and Consolidated Plan training. Trained hundreds of participants in HUD’s IDIS Software. Authored IDIS workshop exercises. Provided direct technical assistance to grantees.

Served as Project Manager for New York City IDIS HOPWA data collection and input.
• Manager of HUD’s National Consolidated Planning contract. Assisted in the preparation of Consolidated Plan/Annual Action Plan Checklist, designed training and developed course materials, and delivered training to over 500 participants nationwide.
• Trained professionals in geographic information systems (GIS) to produce thematic maps illustrating distribution of various population groups with the jurisdiction utilizing Maptitude software. Prepared thematic demographic maps for Los Angeles County Consolidated Plan utilizing ARCGIS.

Community Development
Experts
18804 Impulse Lane
Gaithersburg, MD 20879
United States
T: +1 (240) 350 1546
[email protected]
cdexperts.net
Education
HUD Executive Training Academy
University of Maryland
Certificate, IDIS HOME Trainer
U.S. Department of Housing and
Urban Development
Graduate studies in
metropolitan analysis and planning
University of Maryland
Bachelor of Arts in urban studies
University of Maryland

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20 RESUMES OF PROJECT TEAM

PARNTER
Baron J. Bell

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Tulare City CouncilOctober 15, 2024

Tulare City Council
October 15, 2024