Agenda packet — Tulare City Council, March 18, 2025

City of Tulare Page 1 of 3
City of Tulare
City Council
Meeting Agenda
Tulare Public Library & Council Chamber Tuesday, March 18, 2025 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.

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.

Members of the public may attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849 during Public Comment. 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.

Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.

A person desiring to address the City Council is encouraged to complete a public comment card and provide to the city clerk prior to the start of the meeting. Comments are limited to three minutes per speaker unless extended by the Council. Depending upon the extent of the agenda and number of persons desiring to speak on an issue, the mayor may, at the beginning of the item, limit the time for individual comments. When invited by the mayor to speak, please approach the lectern and begin your comments by stating your name and city of residence.
• All remarks shall be addressed to the Council as a body and not to any member thereof. • No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the mayor.
• No question shall be asked of a councilmember or a member of City staff except through the mayor.
• Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Public Comment. • No person shall engage in disorderly or boisterous conduct which disturb, disrupt, impede, or otherwise render the orderly conduct of the meeting infeasible. Persons engaging in such conduct may be subject to ejection of the meeting pursuant to Government Code Sections 54954.3 and 54957.95.

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.

City of Tulare YouTube Channel: https://www.youtube.com/@cityoftulare3805 Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov. Copies are also available for public inspection at the City Clerk’s Office located at City Hall, 411 E. Kern Avenue, Second Floor, during normal business hours.

Councilmembers
Patrick Isherwood, Mayor
Steve Harrell, Vice Mayor
Jose Sigala
Terry A. Sayre
Dennis A. Mederos
City Council Meeting Agenda Tuesday, March 18, 2025
City of Tulare Page 2 of 3

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION

3. 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.

4. 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.

5. COUNCIL REPORTS AND ITEMS OF INTEREST

6. 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.

6.1 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.

6.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of March 4, 2025. [M. Hermann]

6.3 Accept the monthly investments report for January 2025.

Recommended Action: The investments report for January 2025 are submitted for Council review and acceptance. [M. Roberts]

6.4 Quitclaim Deed for Temporary Turnaround in Favor of the City of Tulare.

6.5 Approval of Change Order No. 3 for EN0103 Tulare/Morrison Roundabout.

Recommended Action: Authorize the City Manager or designee to approve Change Order No. 3 in the amount of $159,266.32 with Cen-Cal Construction for addition of stamped concrete within median and curb return islands associated with construction of CIP Project No. EN0103 Tulare/Morrison Roundabout Project. [M. Miller]
City Council Meeting Agenda Tuesday, March 18, 2025
City of Tulare Page 3 of 3

6.6 Tulare Business Innovation Zone (TBIZ) Lease Agreement.

Recommended Action: Approve the lease agreement between the City of Tulare (City) and the Tulare Chamber of (Chamber) for the lease of the old courthouse building located at 425 E.

Kern Ave., Tulare, CA 93274 to facilitate the development of a business accelerator to commence upon execution and remain in effect through December 31, 2027. [G. Gonzalez]

7. 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.

7.1 TCAG Public Transit Representative Alternate.

7.2 LAFCO Alternate Member.

8. FUTURE AGENDA ITEMS - NONE SUBMITTED

9. STAFF UPDATES

10. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, April 1, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

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

POSTED: Friday, March 14, 2025 Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: March 18, 2025 Agenda Memo
Date: March 14, 2025
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

4. 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: 7:20 p.m.]

5. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:20 p.m.]

6.1 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.

Tulare City Council Page 2 of 6
Agenda Memo - March 18, 2025

6.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of March 4, 2025. [M. Hermann]

6.3 Accept the monthly investments report for January 2025.

Recommended Action: The investments report for January 2025 are submitted for Council review and acceptance. [M. Roberts]
Summary: The investments report for January 2025 are submitted for Council review and acceptance.

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

Legal Review: This item does not require legal review.

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

6.4 Quitclaim Deed for Temporary Turnaround in Favor of the City of Tulare.

Recommended Action: Approve a Quitclaim Deed for an existing temporary turnaround in favor of the City of Tulare recorded December 1st, 2023, on Parcel Map 5414 in book 55, page 22 (Document no. 2023-0057439) of Official County Records, County of Tulare, State of California to Cartmill Commons, LLC, a California Limited Liability Company; and authorize the City Manager to sign the respective Certificate of Conveyance. [M. Miller] Summary: The original plan for the Cartmill Commons commercial development located at the southeast corner of State Route 99 and Cartmill Avenue included a private loop road running through the center of the development. This road was intended to be constructed in phases, and as a result, Parcel Map 5414 included a temporary turnaround dedicated to the City at the end of the Phase 1 section of the loop road.

The land where the temporary turnaround is located is currently owned by Cartmill Commons, LLC and UG2 Tulare CA, LP (Developers). Since the recording of the parcel map, the current Developers have opted not to construct a looped road. Instead, they plan to terminate the private road with a permanent City Standard industrial cul-de-sac at the location of the existing temporary turnaround. This permanent cul-de-sac will be constructed as part of the first phase of development.

Cartmill Commons, LLC and UG2 Tulare CA, LP is requesting that the City quitclaim any remaining rights to the temporary turnaround, as there is no identified need or purpose for the City to retain those rights.

Fiscal Impact & Funding Source(s): No financial impacts to the City.

Legal Review: The City Attorney has reviewed and approved to form the Engineering Department’s standard quitclaim deed.

Alternative Action: 1) Approve with changes: Approval of the item with minor changes could be accommodated without significant impacts to the proposed Cartmill Commons development; 2) Deny: Denying approval of the quitclaim deed would encumber adjacent parcels and potentially prevent the parcel from being developed within the temporary turnaround area.; or 3) Table: Tabling the item would delay the development of adjacent parcels encumbered by the temporary easement.

Tulare City Council Page 3 of 6
Agenda Memo - March 18, 2025

6.5 Approval of Change Order No. 3 for EN0103 Tulare/Morrison Roundabout.

Recommended Action: Authorize the City Manager or designee to approve Change Order No. 3 in the amount of $159,266.32 with Cen-Cal Construction for addition of stamped concrete within median and curb return islands associated with construction of CIP Project No. EN0103 Tulare/Morrison Roundabout Project. [M. Miller]
Summary: On June 18, 2024, Council awarded a contract to Cen-Cal Construction of Bakersfield, CA for the construction of CIP Project No. EN0103 – Tulare/Morrison Roundabout.

The project is a joint effort between Caltrans, Woodside 06N, LP (the developer of the Farrar Estates subdivision), and the City, with all parties contributing towards the funding of the project.

Caltrans directed that these islands are to be backfilled with impervious material for both traffic safety and drainage purposes. Since the approved project plans and bid documents did not include such work, it was necessary for the City to request a change order proposal from the contractor for this additional work. When combined with other change order work previously approved by staff under their 10% contract contingency allowance authorized by Council at the time of contract award, Change Order No. 3 will result in a total change order amount that exceeds the 10% allowance. Therefore, Council authorization for approval of the change order is required.

Based on the legitimate traffic safety and drainage concerns raised by Caltrans, and their insistence that these issues be addressed as a condition of their final acceptance of the project improvements, staff recommends Council approval of Change Order No. 3.

Fiscal Impact & Funding Source(s): Caltrans financial contribution towards the project construction is fixed at a maximum of $1.25 million of available funding through their SHOPP Program. Therefore, the additional costs resulting from Changer Order No. 3 will be paid for through Developer contribution and the City’s Development Impact Fee Program (Fund 230 – Transportation DIFs).

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes: Staff would work to incorporate any changes or recommendations directed by Council; 2) Deny: Should Council deny the request to approve Change Order No. 3, there will be insufficient funding to complete the project. Caltrans would likely withdraw their $1.25 million in project funding based upon the City’s inability to complete the work in accordance with the terms of the existing cooperative agreement between the City and State; or 3) Table: Postponing the Change Order will result in delay to the contractor, raising the risk of compensatory claims for damage or litigation.

6.6 Tulare Business Innovation Zone (TBIZ) Lease Agreement.

Recommended Action: Approve the lease agreement between the City of Tulare (City) and the Tulare Chamber of (Chamber) for the lease of the old courthouse building located at 425 E.

Kern Ave., Tulare, CA 93274 to facilitate the development of a business accelerator to commence upon execution and remain in effect through December 31, 2027. [G. Gonzalez] Summary: On September 19, 2023, the City Council approved the renovation of the old courthouse building to repurpose it for economic development initiatives. The goal is to utilize a portion of the space to support the relocation of the police investigations unit and the balance Tulare City Council Page 4 of 6
Agenda Memo - March 18, 2025
of the space to support the growth of startup businesses by providing affordable office space along with essential resources to help them succeed.

The lease agreement will allow the Chamber to manage the property, sublease portions of the premises, and offer guidance and resources to emerging businesses. By providing affordable workspace and business development support, the accelerator aims to equip startups with the experience and tools necessary for long-term success. As these businesses grow, they will have the opportunity to establish permanent locations in the downtown area, contributing to its revitalization or elsewhere within the city limits.

Basic Lease Provisions include:
• Leased Premises: Space within that building located at 425 E. Kern Ave., Tulare, CA 93274 more particularly delineated in the attached Exhibit “A,” plus the parking associated with such building and hereinafter referred to as the “Leased Premises”. • Initial Lease Term: The Lease term shall expire on December 31, 2027, unless sooner terminated.
• Commencement Date: The term of this Lease shall commence upon execution. • Option to Extend Term: One (1) Option Period of five (5) years unless Landlord requires the Leased Premises for its use.
• Rent: $1.00 per year.

This initiative aligns with the City’s long-term objectives of fostering economic development, supporting entrepreneurship, and revitalizing downtown Tulare. With its expertise in business advocacy and resource development, the Chamber is well-positioned to manage the accelerator and help cultivate local entrepreneurship.

Fiscal Impact & Funding Source(s): The City will cover utility costs for the leased premises, including water, gas, electricity, sewer, refuse removal services, and a portion of janitorial services. These expenses will be funded through the General Fund.

Legal Review: This item was reviewed and approved by legal counsel.

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

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 7:35 p.m.]

7.1 TCAG Public Transit Representative Alternate.

Recommended Action: Discuss whether any member of the Council desires to be considered for appointment to the Tulare County Association of Governments (TCAG) Board as the Public Transit Representative Alternate, and if so, advise the City Clerk to notify the designated Council of Cities representative. [M. Hermann]
Tulare City Council Page 5 of 6
Agenda Memo - March 18, 2025
Summary: There is a Transit position on the Tulare County Association of Governments (TCAG) Board of Directors. This position was created by the TCAG Board in 2015 and carries a three-year term. It is a full voting member of the Board that is appointed by the Council of Cities. Pursuant to the selection process determined by the Council of Cities (attached), the individual selected must be an elected official from a city in Tulare County, and the city should directly provide fixed route service; however, given that the TCRTA provides fixed route service, officials from the City's other than Porterville and Visalia are eligible to serve. The individual selected must be willing to fulfill the job which includes the following items:
• Receive orientation and training on the roles and responsibility of TCAG as an agency, as well as the responsibilities of individual board members. • Represent the interests of public transit in Tulare County. This includes the interests of residents and riders in the county, as well as all agencies that provide public transit in Tulare County.
• Serve as the TCAG representative on the CalVans board of governors. • Attend various meetings, functions, conferences, etc. Examples include:
o CalVans board meetings
o Stakeholder and community meetings
o Unmet Needs Public Hearings
o Transit forum meetings
o Meetings of the Social Services Transportation Advisory Council (SSTAC) o Events, functions, etc. with local, regional, state, and federal partner agencies o Advocacy trips to Sacramento and Washington D.C.
o Project groundbreakings
• Ensure that you are provided the necessary information for decision-making • Attend board member training
• Attend TCAG board meetings and workshops
• Promote and advocate for public transit that serves the residents of Tulare County.

The current Public Transit Representative is Visalia Vice Mayor Liz Wynn. The Alternate Member would fulfill the duties of the primary member when unavailable.

If any member of the Council is interested in being appointed as Alternate Member, their name will be provided to the designated Council of Cities representative to be considered at the April 21 City Selection Committee meeting.

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

Legal Review: This item does not require legal review.

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

7.2 LAFCO Alternate Member.

Recommended Action: Discuss whether a member of the Council desires to be considered for appointment to the Local Agency Formation Commission (LAFCO) as Alternate Member for a term ending May 2029, and if so, direct the City Clerk to notify the City Selection Committee Clerk. [M. Hermann]
Summary: The Tulare County LAFCO is responsible for coordinating logical and timely changes in local governmental boundaries, conducting special studies which review ways to reorganize, simplify, and streamline governmental structure and preparing Spheres of Influence for each city and special district within each county. The Commission's efforts are directed to Tulare City Council Page 6 of 6
Agenda Memo - March 18, 2025
seeing that services are provided efficiently and economically while agricultural and open-space lands are protected.

Local Agency Formation Commissions are usually composed of two county supervisors selected by the Board of Supervisors; two city council representatives selected by a majority of the mayors in the county; and one public member selected by the other four members.

Commission members serve four-year terms. There is an alternate for each category - city, county, and public.

Currently, Vice Mayor Harrell serves as the Alternate Member whose term ends in May 2025.

Members of the Council may be considered for appointment to this seat for a term beginning in May 2025 and ending in May 2029. Nominations will be provided to the City Selection Committee Clerk who will provide the names for consideration at the April 21 City Selection Committee meeting.

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

Legal Review: This item does not require legal review.

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

8. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 7:55 p.m.]

9. STAFF UPDATES [Time Estimate: 7:55 p.m.]

10. ADJOURNMENT [Time Estimate: 8:00 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, April 1, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1 of 4

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, March 4, 2025
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2.

COUNCIL PRESENT: Mayor Patrick Isherwood
Vice Mayor Steve Harrell
Councilmember Jose Sigala
Councilmember Terry A. Sayre
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; Assistant City Attorney Megan Crouch; Chief Deputy City Clerk Melissa Hermann; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Chris Orr; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Shonna Oneal; Community Development Director Mario Anaya; Chief Technology Officer Jason Bowling; Safety, Compliance & Facilities Officer Manny Correa

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

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Chief Ynclan led the Pledge of Allegiance, and an invocation was given by Dennis Sunderland, Pastor of Tulare Bethel Church.

3. PROCLAMATIONS & RECOGNITIONS

3.1 Proclamation for National Surveyors Week, March 16-22, 2025. Mayor Isherwood read and presented a proclamation to local land surveyors proclaiming the week of March 16- 22, 2025 as National Surveyors Week.

3.2 Proclamation for American Red Cross Month, March 2025. Councilmember Sayre read and presented a proclamation to representatives of the Red Cross Central Valley Chapter proclaiming March 2025 as American Red Cross Month.

3.3 Proclamation for Women’s History Month, March 2025. Councilmember Sayre read a proclamation proclaiming March 2025 as Women’s History Month.

3.4 Recognize International Women’s Day and Women’s History Month Honorees.

Councilmember Sayre honored Sherrie Bell, Councilmember Sigala honored Connie Diaz, Vice Mayor Harrell honored Terry Brazil, Councilmember Mederos honored Ellen Gorelick, and Mayor Isherwood honored Sonia Gutierrez-Mendoza.

3.5 Recognize Tulare Tarheels Cheer Team for Achievements. Mayor Isherwood recognized the Tulare Tarheels Cheer Team for their achievements for the season including obtaining the title of JAMZ 2025 National Champions.

Item #: 6.2
Consent
City Council Meeting Minutes Tuesday, March 4, 2025
City of Tulare Page 2 of 4
The Council took a short recess at 8:06 p.m. and reconvened the meeting at 8:16 p.m.

4. PUBLIC COMMENT
Roshanda Smith and Michael Smith addressed the Council regarding the death of their family members and need for financial assistance.

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

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

7. CONSENT CALENDAR
Items 7.4 and 7.5 were removed from the Consent Calendar for separate discussion.

It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to approve the items on the Consent Calendar as presented except for items 7.4 and 7.5.

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 February 18, 2025. [M. Hermann]

7.3 Regional Surface Transportation Program Exchange Fund Claim.

Recommended Action: Adopt a resolution authorizing the City Finance Director to file a claim with the Tulare County Association of Governments (TCAG) for the City of Tulare’s Fiscal Year 2023-2024 apportionment of Regional Surface Transportation Program funds. [M. Miller]

7.6 Salary Schedule Amendment.

Recommended Action: Adopt a resolution amending the City’s 2024/25 Non-Utility Position Control Budget (PCB) and Salary Schedule. [S. Oneal]

7.7 Additional Copiers - Amendment to Existing Agreement.

Recommended Action: Approve an amendment to the existing lease and maintenance agreements with UBEO, formerly Ray Morgan Company, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager for four additional photocopy machines. [J. Bowling]

ITEM(S) PULLED FROM CONSENT CALENDAR

7.4 2024 CalHome Program Application.

Recommended Action: Adopt a resolution to approve the submittal of an application to the California Housing and Community Development Department for the CalHome Program and funding in the amounts of $500,000 for Mortgage Assistance and $500,000 for Owner Occupied Housing Rehabilitation assistance. [M. Anaya] Council Action: Mayor Isherwood pulled this item to recuse himself due to a conflict of interest due to his employment with Self-Help Enterprises. Councilmember Sigala pulled this item to inquire about the details of the program and how the program is being communicated with the public. It was moved by Councilmember Sigala, seconded by City Council Meeting Minutes Tuesday, March 4, 2025
City of Tulare Page 3 of 4
Councilmember Mederos, and carried 4 to 0 (Mayor Isherwood recused) to approve the item as presented.

7.5 Memorandum of Understanding with Tulare Fire Battalion Chief Group.

Recommended Action: Adopt a Memorandum of Understanding (MOU) for the Tulare Fire Battalion Chief Group subject to minor clarifying and conforming changes as approved by the City Attorney. [S. Oneal; M. Zamora]
Council Action: City Manager Marc Mondell advised that the MOU required additional work, but a side letter was being presented for Council approval. Human Resources Director Shonna Oneal walked through the items contained in the side letter. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to approve the item as presented.

8. PUBLIC HEARING

8.1 Farmland Mitigation Ordinance Revisions.

Recommended Action: Adopt Zone Amendment No. 757 approving revisions to the City of Tulare’s Farmland Mitigation Ordinance (Chapter 10.222 of the City of Tulare Municipal Code).

Presented By: Community Development Director Mario Anaya Public Comment: The public hearing was continued from February 4, 2025. The public hearing was reopened at 8:52 p.m. Receiving no public comment, the public hearing was closed at 8:52 p.m.

Council Action: Councilmember Mederos advised there is additional work to be done prior to adoption of the ordinance. It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to continue the public hearing to April 1, 2025.

9. GENERAL BUSINESS

9.1 Temporary Encampment Facility Operational Plan and Related Costs.

Recommended Action: Approve a new twelve-month operational plan and budget for the Temporary Encampment Facility; and authorize the City Manager and/or his designee(s) to establish the necessary contracts and/or grant agreements to fulfill the operational plan and related budget expectations where feasible.

Presented By: City Manager Marc Mondell; Community Development Direct Mario Anaya Public Comment: There were no public comments.

Council Action: Councilmember Sigala expressed his desire to have Council formally approve the use of Measure Y funds as well as have staff look at other types of funding to help offset the General Fund. Mayor Isherwood expressed concern with continuing the same services as what was established when the encampment was first opened and stated the objectives from three years ago are changing as the City begins transitioning to the homeless shelter. City Manager Marc Mondell advised that discussions regarding the transition are occurring and will continue to occur with staff and the Lighthouse Rescue Mission. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to approve a new twelve-month operational plan and budget for the Temporary Encampment Facility selecting Option C and including all three items listed in Table 3 from the staff report.

9.2 Utility Undergrounding Requirements for the Farrar Estates Subdivision.

Recommended Action: Consider a request by Woodside 06N, LP for an exception to the requirements to underground existing overhead utilities along the Morrison Street frontage of the Farrar Estates subdivision.

Presented By: City Engineer Michael Miller
City Council Meeting Minutes Tuesday, March 4, 2025
City of Tulare Page 4 of 4
Public Comment: Drew Phelps addressed the Council on behalf of Woodside Homes in regard to the issue presented and stated Woodside’s desire to proceed with Option 1 as provided in the staff report in order to move the project forward. Gina Gomez, property owner, advised that she had an issue with the verbiage in the Southern California Edison easement regarding assignment of the easement which has halted the negotiations. Ms.

Gomez advised that she was in support of Option 1 as provided in the staff report.

Council Action: Following discussion, it was moved by Councilmember Mederos, seconded by Councilmember Sigala, and carried 4 to 1 (Vice Mayor Harrell voted no) to proceed with Option 2 as provided in the staff report, allow 30 days for the parties to come to a resolution, and if a resolution is unsuccessful, the parties are to notify the City Manager who will schedule a closed session for the Council to discuss options which may include eminent domain.

10. FUTURE AGENDA ITEMS - NONE SUBMITTED

11. STAFF UPDATES
Staff provided updates on department activities.

12. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 10:27 p.m.

These meeting minutes were approved by the Council on March 18, 2025.

Patrick Isherwood, 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 18, 2025
Department: Finance
Submitted by: Mark Roberts, Chief Financial Officer
Agenda Title: Monthly Investments Report

RECOMMENDED ACTION
Accept the monthly investments report for January 2025.

SUMMARY
The investments report for January 2025 are submitted for Council review and acceptance.

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

LEGAL REVIEW
This item did not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. January 2025 Investments Report
Reviewed/Approved:

Item #: 6.3
Consent

CITY OF TULARE

SUMMARY TREASURER'S REPORT

SUMMARY OF ALL INVESTMENTS
January 31,2025

TYPE OF INVESTMENT
BOOK

VAI,IIE
MARKET
VALUE

CURRENT
YIELD

BOOKVALUE
"/"OF
TOTAL
IJNRESTRICTED INVESTMENTS - SEE PAGE 2
RESTRICTED INVESTMENTS. SEE PAGE 3
TOTAL II\TVESTMENTS
240.671,009 234,99s,735 1.263%
t6,123 127 16.123.127 N/A
256,794,136 25r,118.862 N/A

93.72%

6.28%
100.00%
Note: The City's financial statements will report market values, not book values, at June 30 each year I certifi that this report reflects all cify investments and complies with the investment policy of the City of Tulare as approved by City Council.

Furthermore, I certifi that sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditures for the next six months.

Presented to the City Council on March 18,2025 Presented to the Board of Public Utility Commissioners on March 20'2025 Respectfully submitted, Mark Roberts, Chief Financial Officer 'Y{"M" K./-#^ 03t11125 Date
T:\Finance\lnvestments\2024-2025 lnvestments Reports\7 - JanuarY 2025 lnvestment report'xlsm

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

SUMMARY OF UNRESTRICTED INVESTMENTS
January 3l'2025
DATES: INTERESTRATES:

ACQUTSITION STATED
I]NREALIZED
GAIN/(LOSS):

ESTIMATED
EARNINGS:

BOOK
VALUE
%oF
ulrBOOKVALUE THIS MONTH ANNUAL ISSUER OF

INVESTMENT MARKETVALUE LASTMONTH THISMONTH

TYPE OF INVESTMENT
Petty Cash N/A
Checking Account - City Wells Fargo Bank
Local Agency Investment Fund (LAIF) State of Califomia
Sub-Total
Fixed Income Investments Various (See page 4-8)
Investments in Safekeeping With BNY Western Trust Company

MATURITY CURRENTYIELD PARVALUE
N/A
N/A
N/A
On Demand
Various
On Demand
N/A
None
N/A
None
N/A
N/A
N/A
N/A
N/A
N/A
12,900
12,900
46,526,585
46,s26,585
38,263,469

38.249.004
(14,464)
77,044
N/A
N/A
N/A
N/A
1,670,s83
r39,215
1,670,583
t39,215
t,297,160
I 08,097
2,967,743
247,3r2

0.0tyo

19.33o/o
t5 900/.

35.24%

64.76y"
100.00%
N/A
N/A
N/A
N/A
N/A

4.3660h
N/A
r.970%
N/A

0.860%
Balmce per bank is $
84,802,953
84,788,489
Per Bl{Y wTC
1ss,868,056
rs0,207,246
(14,464)
77,044
(5,660,809)
(6,1 s6,5 1 s)

TOTAL UNRESTRICTED INVESTMENTS N/A

1.263Yo
* LAIF market values are based on the most currently available amortized cost information - December 3 l, 2024:
(6, 079,47 r)

0.99962198s - U/I: Unrestricted Investments
240,671,009
234,995,735
(s,67s,273)
2 T:\Finance\lnvestments\2024-2025 lnvestments Reportsv - January 2025 lnvestment report'xlsm

CITY OFTULARE

SUMMARY TREASURER'S REPORT, CONTINUED

SUMMARY OF RESTRICTED INTVESTMENTS
January 31,2025

ACQUISITION STATED

INTEREST RATE
PAR
VALUE
BOOK
VALUE
MARKET
VALUE

BALANCES
AS-OF

DATE DATE

MATURITY
DATE TYPE OF INVESTMENT ISSUER OF IT..lvESTMENT
Bond Funds (All are Managed by U.S. Bank Trust Except LAIF):
201 8 Lease Revenue and Refunding Bonds (Account No 244938000) First American Govt Fd U.S. Bank Trust
2015 Sewer Revenue Refunding Bonds (Account No.261594000) First American Govt Fd U.S. Bank Trust
First American Govt Fd U.S. Bank Trust
Investment Repurchase GIC Bayerische landesbank
201 6 Sewer Revenue Refunding Bonds (Account No. 23 1687000) U S Bk Mmkt U.S. Bank Trust
2020 Sewer Revenue Refunding Bonds (Account No. 230396000) U S Bk Mmkt U.S. Bank Trust
201 7 Water Revenue Bonds (Account No. 21 91 89000)
II S Bk Mmkl U.S. Bank Trust
2020 Water Revenue Bonds (Account No. 250953000)
U S Bk Mmkt U.S. Bank Trust
Various
Various
1 l-15-15
Various
Various
Various
Various
On Dernand
On Demand
I I -l 5-25
On Demand
On Demand
C)n Demand
On Demand
On Demand
Various
Reenc Fund
Various
Various
Rsenc Fund

1.960%
Rseffc Fund
Various
Various
Various
Various
Various
N/A
N/A
N/A
N/A
2,812
49,s25
2,812
49,525
1-31-25
1-31-25
t-3r-25

3.517 ,634 3.517,634
3,517.634 3,517,634
5,082,379 s,082,379 1-31-25

5.134,717 717
4 N/A
N/A
N/A
N/A
N/A
17 17 l-31-25
17 _--T3f 20,389
17 __-x3e- 20,389 1-fl-25
1-31-25
t-31-25
4 4 t-31-25
4 2017 Successor Agency Tax Allocation Bonds - Series A & B (Account No. 245346000) I] S Bk Mmkt U-S. Bank Tmst Various
TOTAL RESTRICTED INVESTMENTS Book Value % of Total Investments = 6.28% 7,162,497
7,162,497
287,868
287,868
16,123,127
7,162,497
7,162,497
287,868
287,868
16,t23,127
3 T:\Finance\lnvestments\2024-2025 lnvestments Reports\7 - January 2025 lnvestment report.xlsm

TYPE OF FIXED INCOME INVESTMENT

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS
January 31,2025
DATES: INTERESTRATES:

ACQUISITION STATED BOOKVALUE

UNREALIZED
GAIN/(LOSS):

THIS MONTH

ESTIMATED
EARNINGS:

ANNUAL
CUSIP NUMBER MATURITY {.:{ ;RI{}t \'f '!'lIiLl] PARVALUE I,I,\i{KII'I'VAI,I.]Ii LASTMONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS
Federal National Mortgage Assn 08-25-20
02-25-25 c
08-27-20
05-27-25 c
06-03-20
05-28-25 C
06-10-20
06-10-25 c
06-24-20
06-24-25 c
06-30-20
06-30-25 c
07-t5-20
07-15-25 c
08-26-20
08-26-25 C

0.520o/o
0520%

0.600%

0.610%

0.750vo

0.7600/o

0.700%
0:1100/o

0.750%

0.760%

0.800%

0.810%

0.730o/o

0.740%

0.500%

0.510%

0.500%

0.510%

0.520o/o

0.530%

0.550%

0.5600/o

0.550%

0.560%
2,000,000
2,000,000
2,000,000
2,000,000
868,056
2,000,000
2,000,000
2,000,000
2,500,000
2,500,000
3,000,000
3,000,000
Per BNY WTC
2,000,000
1,995,320
2,000,000
1,976,040
2,000,000
1,977,660
2,000,000
1,974,780
868,056
855,616
2,000,000
1,971,100
2,000,000
t,967,760
2,000,000
1,958,120
2,500,000
2,439,250
(4,680)
(11,420)
(23,e60)
(30,300)
(22,340)
(2e,s00)
(2s,220)
(3 1,380)
(12,439)
(1s,000)
(28,900)
(34,s40)
(32,240)
(3 8, I 20)
(41,880)
(48,520)
(60,750)
(68,800)
10,400
867
12,000
1,000
15,000
1,250
14,000
1,t67
6,510
543
16,000
1,333
14,600
1,217
10,000
833
12,500
1,042
Federal National Mortgage Assn
Federal Home Loan Mtg Corp
Federal Home Loan Mtg Corp
Federal Home Loan Banks
Federal Home Loan Mtg Corp
Federal National Mortgage Assn
Federal National Mortgage Assn
Federal Home Loan Mtg Corp
Federal Home Loan Mtg Corp
Federal Home Loan Mtg Corp
3t36G4T52
3136G4U50
3l34GVVX3
3l34GVB56
3I3OAJREl
3 l34GVT65
3136G4YUI
3t36G4282
3134GWUE4
3l34GWUV6
3l34GWX43
09-30-25 c
09-30-20
09-30-25 c
t0-02-20
t0-02-25 c
10-1 5-20
10-15-25 c
2,500,000
2,439,575
3,000,000
2,927,460
3,000,000
2,923,770
(60,425)
(68,450)
(72,540)
(82,080)
(76,230)
(86,100)
13,000
1,083
16,500
t,37 5
16,500
1,375
- CONTINUED ON PAGE 5 -
4 Federal Home Loan Mtg Corp
3l34GWXX9
T:\Finance\tnvestments\2024-2025 lnvestments Reports\7 - January 2025 lnvestment report.xlsm

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
January 31,2025

IJNREALIZED
DATOS: INTERESTRATf,S: GAIN(LOSS):

ACQUISITION STATED BOOKVALUE THISMONTH

MATURITY CURRENT YIELD PARVALUE MARKETVALUE LASTMONTH

ESTIMATED
EARNINGS:

TYPE OF FIXED INCOME INVESTMENT ANNUAL

THIS MONTH CUSIP NUMBER
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Mtg CorP
3134GWY34
Federal National Mortgage Assn
3 I 35G06A6
Federal Fanl Credit Bks Funding Corp
3133ENDZ2
Federal Farm Credit Bks Funding Corp
31338\mC2
Federal Home Loan Mtg CorP
3l34GW3X2
Federal Home Loan Mtg CorP
3t34GW3Z7
Federal Home Loan Mtg Corp
3t34GWZL3
Federal Home Loan Mtg CorP
3134GW6S0
Federal Horne Loan Mtg Corp
3134GXAP9
Federal Home Loan Mtg CorP
3 I 34GXCS I
Federal Home Loan Mtg Corp
3136GXFA7
Federal Home Loan Mtg Corp
3134GXDM3
10-15-20 0.530%
r0-1s-25 c 0540vo
t0-20-20 0.s80%
t0-20-25 c 0.600%
10-2t-20 0.520%
10-2t-25 c 0.530%
10-22-20 0.530%
10-22-25 c 0540Yo
t0-27-20 0.625%
t0-27-25 c 0.640%
t0-28-20 0.600%
10-28-25 C 0.620Vo
t0-29-20 0570%
10-29-2s c 0.590%
ll-10-20 0.610%
1l-10-25 c 0.630%
tt-t2-20 0.600%
c 0.620%
t1-25-20 0.62s%
11-25-25 c 0.640Yo
l l-30-20 0.650%
1r-26-25 c 0.670%
t2-0r-20 0.620%
12-01-25 c 0.640%
12-17-20 0.540%
t2-17-25 c 0.560%
- CONTINUED ON PAGE 6 -
3,000,000
3,000,000
2,500,000
2,500,000

3.000,000

2.000,000
3,000,000
3,000,000
2,000,000
3,000,000
2,000,000
1,500,000
2,s00,000
Per BNY WTC
3,000,000
2,922,720
3,000,000
2,922,570
2,500,000
2,431,250
2,500,000
2,434,125
3,000,000
2,92t,700
2,000,000
t,947,260
3,000,000
2,919,720
3,000,000
2,9t7,500
2,000,000
1,944,460
3,000,000
2,915,880
2,000,000
r,942,840
1,5 00,000
1,455,435
2,500,000
2,420,200
(77,280)
(87,6e0)
(77,430)
(87,360)
(68,750)
(76,1s0)
(6s,875)
(74,250)
(78,300)
(88,230)
(s2,740)
(59,400)
(80,280)
(e0,780)
(82,500)
(92,610)
(s5,540)
(62,280)
(84, l 20)
(e4,5e0)
(s 7, I 60)
(63,e80)
(44,s6s)
(48,615)
(79,800)
(88,250)
15,900
r,325
r7,400
l,450
I 3,000
1,083
13,2s0
1,104
I 8,750
1,563
12,000
1,000
17,100
t,425
l 8,300
1,52s
12,000
1,000
18,7s0
I,563
13,000
1,083
9,300
77s
I 3,500
t,125
5 Federal Farm Credit Bks Funding Corp
3133EMKT8
T:\Finance\lnvestments\2024-2025 lnvestments Reports\7 - January 2O25 lnvestment report.xlsm

TYPE OF FIXED INCOME INVESTMENT

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
January 3l'2025
DATES: INTERESTRATES:

ACQUISITION STATED BOOKVALUE

UNREALIZED
GAIN/(LOSS):

THIS MONTH

ESTIMATED
EARNINGS:

ANNUAL

THIS MONTH CUSIP NUMBER MATURITY CURRENTYIELD PARVALUE MARKETVALUE LASTMONTH U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Mtg Corp
3I34GXFVI
Federal Home Loan Mtg CorP
3I34GXI{D9
Federal Home Loan Mtg CorP
3134GXJX3
Federal Home Loan Mtg Corp
3l34G){IZ&
Federal Home Loan Banks
3r30AKQ74
Federal Home Loan Mtg Corp
3I34GXKJ2
Federal Home Loan Banks
3130AKPC4
Federal National Mortgage Asso
3 135G06R9
Federal Home Loan Banks
3 l30AL3S1
Federal Home Loan Banks
313OAKYTJ4
Federal Home Loan Banks
3l30ALCW2
Federal Home Loan Banks
3l30AY\225
t2-17-20
t2-17-25 c
t2-23-20
t2-23-25 C
01-05-21
01-05-26 c
0t-07-21
0t-07-26 c
0t-22-21
0t-22-26 c
01-22-21
0t-22-26 c
01-28-21
0t-28-26 c
0t-28-21
0t-28-26 C
02-17-21
c
02-24-2t
02-24-26 c
02-25-21
02-25-26 c
02-26-21
02-26-26 c
03-10-21
03-10-26 C

0.625%

0.6400/o

0.700%
a.720%

0.550%

0.570o/o

0.520%
0540%

0.625%

0.6s0%

0.ss0%

0.570%

0.6000/o

0.620%

0.550%

0.57UYo

0.625%

0.650Yo

0.600%

0.620%

0.625%

0.6s0%

0.6500/o

0.680Yo

0.800%

0.830%
2,000.000
3,000,000
2,500,000
2,000,000
2,500,000
2,500,000
2,000,000
2,000,000
3,000,000
3,000,000
3,000,000
3,000,000
3,000,000
Per BNY WTC
2,000,000
1,939,440
3,000,000
2,908,200
2,500,000
2,415,500
2,000,000
1,931,420
2,s00,000
2,414,450
2,500,000
2,411,200
2,000,000
1,930,460
2,000,000
1,927,900
3,000,000
2,890,470
3,000,000
2,887,680
3,000,000
2,888,160
3,000,000
2,888,610
3,000,000
2,889,450
(60,560)
(69,780)
(er,800)
(102,630)
(84,500)
(93,s7s)
(68,580)
(7s,820)
(8s,s50)
(93,7s0)
(88,800)
(e8,025)
(69,540)
(76,720)
(72,100)
(79,560)
(1 0e,530)
(120,180)
(112,320)
(123,030)
(r l 1,840)
(122,490)
(l I 1,3e0)
(121,980)
(l 10,550)
(120,600)
12,500
1,042
21,000
1,750
13,7s0
1,146
10,400
867
15,625
1,302
13,750

1.146
12,000
r,000
I 1,000
917
18,750
I,563
18,000
I,500
18,750
1,563
19,500
1,625
24,000
2,000
- CONTINUED ON PAGE 7 -
6 t:\Finance\lnvestments\2024-2025 lnvestments Reportsv - January 2025 lnvestment report.xlsm Federal Home Loan Banks
3 I 3OALFSS

TYPE OF FIXED INCOME INVESTMENT

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
JanuarY 3l'2025
DATES: INTERESTRATES:

ACQUISITION STATED

MATURITV CURRENT YIELD

BOOKVALUE

UNREALIZED
GAIN(LOSS):

THIS MONTH
ESTIMATf,D
EARNINGS:

ANNUAL

CUSIP NUMBER PARVALUE MARKETVALUE LASTMONTH THIS MONTH
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Banks
3130ALKQ6
Federal Home Loan Banks
3I3OALXVI
Federal Horne Loan Banks
3t30AMWU2
Federal Home Loan Banks
3130AN2L3
Federal Home Loan Banks
3130AN4R8
Federal Horne Loan Banks
3 I3OANFT2
Federal Home Loan Banks
3I3OANLZl
Federal Horne Loan Banks
3l30ANM56
Federal Home Loan Banks
3I3OANIIX6
Federal Home Loan Banks
3I3OANXS4
Federal Horne Loan Banks
3I3OANXU9
Federal Home Loan Banks
3I3OANYR5
03-30-2 I
03-30-26 c
04-22-21
04-22-26 C
06-30-2 I
06-30:26 C
07-13-21
07-13-26 c
07-29-21
07-29:26 C
08-24-21
08-24-26 c
08-26-21
08-26-26 c
08-27-2r
08-27-26 c
09-28-21
C
09-28-2t
09-28-26 c
09-30-21
09-30-26 c
09-30-21
09-30-26 c
r0-21-21
t0-2t-26 c

1.030%
r.070%
t.100%

1.140%

1.000%

1.050%

1.020%

1.070%
r.t25%

1.180%

1.050%

1.100%

0.900%

0.950%

1.050%

1.100%

1.100%
t.160%

0.900%

0.950%
r.000%

1.060%

0.950%

1.000%

1.060%
2,500,000
2,500,000
3,000,000
3,000,000
3,000,000
3,000,000
2,500,000
2,500,000
3,000,000
3,000,000
3,000,000
2,367,275
2,500,000
Per BNY WTC
2,500,000
2,409,500
2,500,000
2,406,625
3,000,000
2,865,720
3,000,000
2,862,990
3,000,000
2,863,140
3,000,000
2,855,340
2,500,000
2,373,425
2,500,000
2,378,825
3,000,000
2,848,320
3,000,000
2,838,840
3,000,000
2,843,130
2,500,000
2,367,275
2,500,000
2,365,475
(90,500)
(98,62s)
(e3,37s)
(101,200)
(l 34,280)
(143,8s0)
(137,010)
(146,760)
(1 36,860)
(145,890)
(144,660)
(l 53,930)
(t26,s7s)
(134,62s)
(121,17s)
(128,e50)
(1 5 1,680)
(r 60,3s0)
(161,160)
(170,3 l0)
(156,870)
(r 6s,750)
(132,72s)
(140,200)
(134,szs)
(142,200)
25,750
2,146
27,500
2,292
30,000
2,500
30,600
2,550
33,750
2,813
3 1,500
2,625
22,500
I,875
26,250
2,1 88
33,000
2,750
27,000
2,250
30,000
2,s00
23,750
1,9'19
25,000
2,083
- CONTINUED ON PAGE 8 -
7 Federal Home Loan Banks
3l30APCD5
T:\Finance\lnvestments\2024-2025 lnvestments Reportsv - January 2025 lnvestment report.xlsm

TYPE OF FIXED INCOME INVESTMENT

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
JanuarY 31,2025
DATES: INTERESTRATES:

ACQUISITION STATED BOOKVALUE

UNREALIZED
GAIN(LOSS):

THISMONTH

ESTIMATED
EARNINGS:

ANNUAL

CUSIP NUMBER MATURITY CURRENTYIELD PARVALUE MARKETVALUE LASTMONTH THISMONTH U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUEI)
Federal Home Loan Bks
3 1 30APJ55
Federal Home Loan Bks
313OAPJB2
Federal Home Loan Bks
3130APDQ5
Federal Home Loan Bks
313OAPFQ3
Federal Home Loan Bks
3l3OAPFRI
Federal Home Loan Bks
313OAPFU4
Federal Home Loan Bks
3 I 3OAPLP8
Federal Home Loan Bks
313OAPNK7
Federal Home Loan Bks
3 I 3OAPPL3
Federal Home Loan Bks
313OAPXT7
Federal Home Loan Bks
3130ARA68

TOTAL FIXED INCOME INVESTMENTS
**All are in safekeeping with BNY Western Trust Company t0-26-21
t0-26-26 c
t0-26-21
10-26-26 c
t0-28-21
t0-28-26 c
10-28-21
t0-28-26 C
10-28-2t
70-28-26 c
t0-28-21
10-28-26 c
tt-16-21
t1-16-26 c
I r-18-21
11-18-26 c
1L-23-21
C
r2-r7-21
t2-17-26 c

1.250%

1.320%

1.190%
r.t90%

1.250%

1.320%

1.100%
t.t60%

1.120%

1.180%

1.050%

1.1t0%

1.375%
r.450%

1.375%
t.450%

1.450%
r530%
t.600%

1.680%
3,000,000
3,000,000
3,000,000
2,000,000
2,000,000
2,000,000
2,500,000
3,000.000
3,000,000
2,000,000
2,000,000
Per BNY WTC
3,000,000
2,849,400
3,000,000
2,842,020
3,000,000
2,847,690
2,000,000
l,893,500
2,000,000
l,894,160
2,000,000
1,89 I,840
2,500,000
2,369,850
3,000,000
2,847,390
3,000,000
2,850,120
2,000,000
l,901,540
(150,600)
(159,030)
(157,980)
(166,770)
(1 52,3 1 0)
(160,800)
(106,500)
(t12,420)
(105,840)
(1 I 1,720)
(108,160)
(l 14,r40)
(1 30,1s0)
(132,4s0)
(152,610)
(160,350)
(149,880)
(1 57,680)
(98,460)
(103,460)
37,500
3,125
33,750
2,813
37,500
3,125
22,000
I,833
22,400
1,867
21,000
1,750
34,375
2,865
41,250
3,438
43,s00
3,625
32,000
2,667
03-29-22
03-29-27 c

2.350%

2.450%
N/A

0.860%
2,000,000
1,916,080
(83,920)
.920)
47,000
3,917
I 55,868,056
150,20'1,246
(s,660,809) 1,297,160
1 08,097
8 N/A
(6. 1 56,s l5)
* UA: Unrestricted Investments
T:\Finance\lnvestments\2024-2025 lnvestments Reports\7 - lanuary 2025 lnvestment report.xlsm CHANGES IN BALANCES AND YIELDS:

CITY OF TULARE

TREASURER' S EXECUTIVE SUMMARY
January 31,2025

BOOK VALUE

MARKET VALAE

DTFFERENCE AVERAGE STATED YIELD

JAN DEC CHANGE JAN DEC CHANGE CATEGORY
Total Investments
Unrestricted Investments
Restricted Investments
Local Agency Investment Fund (LAIF)
Fixed Income Investments (Total)
TRANSACTIONS (BOOKVALUE): *
(5,660,809) (6,156,5 15)
256,794,136
2s l,t t 8,862
(5,675,273)
240,67t,009
234,995,7 35
(s,67s,273)
t6,123,127
t 6,1 23,1 27
254,t88,517
248,017,704 ---c]ro"8-13t
238,431,865
232,261,052
--Gm,TTt
15,756,652
15,756,652
2,60s,619
3,101,158 ----Tqi$q2,239,144
2,734,684
495,539
366,475
366,475
0 439,898
439,732
(166)
495,706
495,706
0 0
N/A
t.263%
N/A

4.366%

0.860%

N/A N/A
N/A

1.28t%
N/A

4.434o/o

0.870%
-0.018%
38,263,469
38,249,004
37,823,570
37,809,272
-0-t4N 155,868,056
149,711,541
(14,464)
I 55,868,056
I50,207,246
0 -0.068%
-0.010%

PURCHASES SALES / CALLS CATEGORY
Fixed Income Invesfinents Fixed Income Investments
9 0 0
T:\Finance\lnvestments\2024-2025 lnvestments Reports\7 -January 2025 lnvestment report xlsm Created:

By:Status:Transaction lD:
2025-03-07Sandra Jimenez ([email protected])
SignedCBJ CH BCAABg4n-ygaThOZC-iZYe9SuU i 580 LN-LSS LXm 7 - Jan uary 2A25 lnvestment repCIrt
FinalAudit Report 2025-03-11
"7 - January 2025 lnvestment report" History
* Document created by Sandra Jimenez ([email protected]'gov) 2025-03-07 - 11:19:10 PM GMT
ilI, Document emailed to Mark Roberts ([email protected]) for signature 2025-03-07 - 11:19:15 PM GMT
* Emailviewed by Mark Roberts ([email protected]'gov)
2025-03-11- 5:53:39 PM GMT
*e Document e-signed by Mark Roberts ([email protected]) Signature Date: 2025-03-11 - 5:54:06 PM GMT - Time Source: server ? Agreement completed.
2025-03-11- 5:54:06 PM GMT
S nOoUe Acrobat Sign
Staff Report
Meeting: City Council
Date: March 18, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Quitclaim Deed for Temporary Turnaround in Favor of the City of Tulare

RECOMMENDED ACTION
Approve a Quitclaim Deed for an existing temporary turnaround in favor of the City of Tulare recorded December 1st, 2023, on Parcel Map 5414 in book 55, page 22 (Document no. 2023-0057439) of Official County Records, County of Tulare, State of California to Cartmill Commons, LLC, a California Limited Liability Company; and authorize the City Manager to sign the respective Certificate of Conveyance.

SUMMARY
The original plan for the Cartmill Commons commercial development located at the southeast corner of State Route 99 and Cartmill Avenue included a private loop road running through the center of the development. This road was intended to be constructed in phases, and as a result, Parcel Map 5414 included a temporary turnaround dedicated to the City at the end of the Phase 1 section of the loop road.

FISCAL IMPACT & FUNDING SOURCE(S)
No financial impacts to the City.

LEGAL REVIEW
The City Attorney has reviewed and approved to form the Engineering Department’s standard quitclaim deed.

ALTERNATIVE ACTION

1. Approve with changes: Approval of the item with minor changes could be accommodated without significant impacts to the proposed Cartmill Commons development.

2. Deny: Denying approval of the quitclaim deed would encumber adjacent parcels and potentially prevent the parcel from being developed within the temporary turnaround area.

3. Table: Tabling the item would delay the development of adjacent parcels encumbered by the temporary easement.

ATTACHMENTS

1. Parcel Map 5414

2. Cartmill Commons Improvement Plans

3. Cartmill Commons Quitclaim Deed

4. UG2 Tulare CA, LP Quitclaim Deed
Item #: 6.4
Consent

5. Cartmill Commons, LLC Certificate of Acceptance

6. UG2 Tulare CA, LP Certificate of Acceptance
Reviewed/Approved:

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, California 93274-4257
SPACE ABOVE THIS LINE FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $0.00 – No Consideration Easement ( ) Computed on full value of property conveyed, or
( ) Computed on full value less liens and encumbrances remaining at time of sale. ( ) Unincorporated area ( X ) City of Tulare
( ) Realty not sold (value less than $100)
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF TULARE, a Municipal Corporation and Charter Law City, of the State of California (“Grantor”) hereby releases, remises, and quitclaims to Cartmill Commons, LLC. a California Limited Liability Company, all of its right, title, and interest in and to the real property in the City of Tulare, County of Tulare, State of California, more particularly described as follows:

TEMPORAY TURNAROUND EASEMENT SHOWN ON PARCEL 5, 6, AND 10 OF PARCELS MAP 5414, RECORDED ON DECEMBER 1ST, 2023, IN BOOK 55, PAGE 22 OF OFFICIAL COUNTY RECORDS, COUNTY OF TULARE, STATE OF CALIFORNIA, DOCUMENT NO. 2023-005739.

Dated: ___________________________ City of Tulare, a Municipal Corporation and Charter Law City, of the State of California, “Grantor”
By: _________________________________
President of the Council and Ex-Officio
Mayor of the City of Tulare
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)
) SS.

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

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

WITNESS my hand and official seal
Signature (SEAL)

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, California 93274-4257
SPACE ABOVE THIS LINE FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $0.00 – No Consideration Easement ( ) Computed on full value of property conveyed, or
( ) Computed on full value less liens and encumbrances remaining at time of sale. ( ) Unincorporated area ( X ) City of Tulare
( ) Realty not sold (value less than $100)
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF TULARE, a Municipal Corporation and Charter Law City, of the State of California (“Grantor”) hereby releases, remises, and quitclaims to UG2 Tulare CA, LP. a Delaware Limited Partnership, all of its right, title, and interest in and to the real property in the City of Tulare, County of Tulare, State of California, more particularly described as follows:

TEMPORAY TURNAROUND EASEMENT SHOWN ON PARCEL 3 OF PARCEL MAP 5414, RECORDED ON DECEMBER 1ST, 2023, IN BOOK 55, PAGE 22 OF OFFICIAL COUNTY RECORDS, COUNTY OF TULARE, STATE OF CALIFORNIA, DOCUMENT NO. 2023-005739.

STATE OF CALIFORNIA)
) SS.

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

WITNESS my hand and official seal
Signature (SEAL)

OFFICE OF THE CITY CLERK

CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Quitclaim Deed dated _______________________, from the City of Tulare, a Municipal Corporation of the State of California to Cartmill Commons, LLC, a California Limited Liability Company, was duly conveyed by the City Council of the City of Tulare on March 18, 2025, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Conveyance to be recorded with the Quitclaim Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY CLERK

CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Quitclaim Deed dated _______________________, from the City of Tulare, a Municipal Corporation of the State of California to UG2 Tulare CA, LP, a Delaware Limited Partnership, was duly conveyed by the City Council of the City of Tulare on March 18, 2025, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Conveyance to be recorded with the Quitclaim Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: March 18, 2025
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Approval of Change Order No. 3 for EN0103 Tulare/Morrison Roundabout

RECOMMENDED ACTION
Authorize the City Manager or designee to approve Change Order No. 3 in the amount of $159,266.32 with Cen-Cal Construction for addition of stamped concrete within median and curb return islands associated with construction of CIP Project No. EN0103 Tulare/Morrison Roundabout Project.

SUMMARY
On June 18, 2024, Council awarded a contract to Cen-Cal Construction of Bakersfield, CA for the construction of CIP Project No. EN0103 – Tulare/Morrison Roundabout. The project is a joint effort between Caltrans, Woodside 06N, LP (the developer of the Farrar Estates subdivision), and the City, with all parties contributing towards the funding of the project.

During the course of construction and upon closer review by the California Department of Transportation (Caltrans), it was determined that the project design did not adequately address backfill requirements within the median diverter islands and intersection curb return islands. Caltrans directed that these islands are to be backfilled with impervious material for both traffic safety and drainage purposes. Since the approved project plans and bid documents did not include such work, it was necessary for the City to request a change order proposal from the contractor for this additional work. When combined with other change order work previously approved by staff under their 10% contract contingency allowance authorized by Council at the time of contract award, Change Order No. 3 will result in a total change order amount that exceeds the 10% allowance. Therefore, Council authorization for approval of the change order is required.

FISCAL IMPACT & FUNDING SOURCE(S)
Caltrans financial contribution towards the project construction is fixed at a maximum of $1.25 million of available funding through their SHOPP Program. Therefore, the additional costs resulting from Changer Order No. 3 will be paid for through Developer contribution and the City’s Development Impact Fee Program (Fund 230 – Transportation DIFs).

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes: Staff would work to incorporate any changes or recommendations directed by Council.

2. Deny: Should Council deny the request to approve Change Order No. 3, there will be insufficient funding to complete the project. Caltrans would likely withdraw their $1.25 million in project funding based upon the City’s inability to complete the work in accordance with the terms of the existing cooperative agreement between the City and State.

Item #: 6.5
Consent

3. Table: Postponing the Change Order will result in delay to the contractor, raising the risk of compensatory claims for damage or litigation.

ATTACHMENTS

1. Change Order No. 3 with Attachment
Reviewed/Approved:

Staff Report
Meeting: City Council
Date: March 18, 2025
Department: Economic Development & Redevelopment
Submitted by: Gladys Gonzalez, Senior Management Analyst Agenda Title: Tulare Business Innovation Zone (TBIZ) Lease Agreement

RECOMMENDED ACTION
Approve the lease agreement between the City of Tulare (City) and the Tulare Chamber of (Chamber) for the lease of the old courthouse building located at 425 E. Kern Ave., Tulare, CA 93274 to facilitate the development of a business accelerator to commence upon execution and remain in effect through December 31, 2027.

SUMMARY
On September 19, 2023, the City Council approved the renovation of the old courthouse building to repurpose it for economic development initiatives. The goal is to utilize a portion of the space to support the relocation of the police investigations unit and the balance of the space to support the growth of startup businesses by providing affordable office space along with essential resources to help them succeed.

Basic Lease Provisions include:
• Leased Premises: Space within that building located at 425 E. Kern Ave., Tulare, CA 93274 more particularly delineated in the attached Exhibit “A,” plus the parking associated with such building and hereinafter referred to as the “Leased Premises”. • Initial Lease Term: The Lease term shall expire on December 31, 2027, unless sooner terminated. • Commencement Date: The term of this Lease shall commence upon execution. • Option to Extend Term: One (1) Option Period of five (5) years unless Landlord requires the Leased Premises for its use.
• Rent: $1.00 per year.

Item #: 6.6
Consent

FISCAL IMPACT & FUNDING SOURCES
The City will cover utility costs for the leased premises, including water, gas, electricity, sewer, refuse removal services, and a portion of janitorial services. These expenses will be funded through the General Fund.

LEGAL REVIEW
This item was reviewed and approved by legal counsel.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Lease Agreement
Reviewed/Approved:

LEASE AGREEMENT
by and between

THE CITY OF TULARE
as Landlord
and

TULARE CHAMBER OF COMMERCE
as Tenant

LEASE AGREEMENT
This LEASE AGREEMENT (“Lease”) is effective as of _________________, 2025 (“Effective Date”), by and between the CITY OF TULARE, a municipal corporation (“Landlord”), and TULARE CHAMBER OF COMMERCE, a California nonprofit mutual benefit corporation (“Tenant”).

BASIC LEASE PROVISIONS
A. Leased Premises: Space within that building located at 425 E. Kern Ave., Tulare, CA 93274 more particularly delineated in the attached Exhibit “B,” plus the parking associated with such building and hereinafter referred to as the “Leased Premises”.

B. Initial Lease Term: The Lease term shall expire on December 31, 2027, unless sooner terminated.

C. Commencement Date: The term of this Lease shall commence on the Effective Date.

D. Option to Extend Term: One (1) Option Period of five (5) years unless Landlord requires the Leased Premises for its use.

E. Rent: $1.00 per year.

ARTICLE 1. LEASE.

1.1 Demise and Sublease.
(a) On and subject to the terms and provisions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord, the Leased Premises, which consists of that portion of the building (“Building”) located at 425 E. Kern Ave., Tulare California, that is more particularly delineated in the attached Exhibit “B.”
(b) Tenant shall also have the right to utilize the Building’s parking lot (“Parking Lot”) during Tenant’s regular business hours. Landlord shall have right to utilize the Parking Lot for special events in the evenings and weekends. Tenant may request from Landlord the right to utilize the Parking Lot during its non-business hours, including early mornings, evenings, or for special events that may arise during the term of this Lease.
(c) Landlord reserves the right to utilize any meeting spaces at the Leased Premises upon reasonable notice to Tenant, which shall not be less than one (1) business day.

Landlord shall not be required to pay any fees to Tenant for use of the meeting spaces. Landlord will also be occupying two offices located in the Leased Premises and will utilize the Makerspace. (d) Tenant may sublease portions of the Leased Premises to startup companies that participate in Tenant’s program known as Tulare Business Innovation Zone (“TBIZ”). Tenant shall be entitled to retain any rent, membership dues, training fees, or other amounts that TBIZ participants may pay to Tenant. Landlord shall have a voting seat on Tenant’s committee that selects subtenants. Tenant shall ensure that each subtenant provides the same insurance required of Tenant in Article 6. “Insurance.”
ARTICLE 2. TERM.

2.1 Length. Unless sooner terminated or unless extended as provided in this Lease, the term of this Lease shall be for the period specified in Item B of the Basic Lease Provisions (“Initial Lease Term”). Unless otherwise expressly indicated, whenever reference is made in this Lease to the “term” of this Lease, such reference shall include any extensions of the term of this Lease.

2.2 Commencement. The term of this Lease shall commence on the date specified in Item C of the Basic Lease Provisions (the “Commencement Date”), and Landlord shall deliver possession of the Leased Premises to Tenant on that date.

2.3 Option to Extend. Tenant may extend the term of this Lease for the period of time specified in Item D of the Basic Lease Provisions (each an “Option Period”) on all of the same terms and conditions as contained in this Lease if Tenant is not in default at the time it exercises the option to extend and is not in default at the end of the Initial Lease Term. Tenant’s exercise of such right and option shall be by written notice (“Option Notice”) given to Landlord at least one hundred eighty (180) calendar days prior to the end of the Initial Lease Term.

2.4 Termination for Convenience. Landlord or Tenant may terminate this Lease by giving the other written notice at least one hundred eighty (180) calendar days prior to the intended termination date.

ARTICLE 3. MINIMUM MONTHLY RENT; OPTION PERIOD RENT.

3.1 Amount and Payment. As rent (“Rent”) for the Leased Premises, Tenant agrees to pay to Landlord the amount identified in Item E of the Basic Lease Provisions. The payment for the first (1st) year of the Initial Lease Term shall be due upon the parties’ execution of this Lease and subsequent Rent payments shall be on the yearly anniversary of the Effective Date.

ARTICLE 4. USE; COMPLIANCE WITH LAW.

4.1 Use.
(a) The Leased Premises shall be used for Tenant’s TBIZ program. It is intended by Landlord and Tenant that Tenant shall sublease space within the Leased Premises to business startups at less-than-market-rate rent and will provide support services to such businesses. Landlord is under no obligation to contribute to Tenant’s TBIZ program in any manner. (b) Tenant shall, while this Lease remains in effect, market its TBIZ program and shall include Landlord’s logo or seal on all marketing materials. (c) Landlord will, while this Lease remains in effect, have the right to reference Tenant’s TBIZ program and include Tenant’s logo in Landlord’s economic development marketing and promotion materials.
(d) The Leased Premises shall be accessible to Tenant’s subtenants seven (7) days per week, and Tenant will make the Leased Premises open to the public Monday through Friday during Tenant’s regular business hours and periodically in early-mornings and evenings for special trainings and lecture series; provided however, the requirement that the Leased Premises be open to the public shall not apply to Christmas Day, New Year’s Day, Thanksgiving Day, and other Landlordrecognized holidays. (e) With the exception of the Leased Premises’ security features existing as of the Effective Date, Landlord will have no obligation to provide any security improvements or services for the Leased Premises.

4.2 Compliance with Laws.
(a) Except as otherwise expressly provided in this Lease, Tenant shall, at Tenant’s sole cost and expense, and in a timely manner, comply with all “Applicable Laws,” which term is used in this Lease to mean all laws, rules, regulations, ordinances, and directives of government agencies with jurisdiction, covenants, easements and restrictions of record, permits and the requirements of any applicable fire insurance underwriter or rating bureau, relating in any manner to the Leased Premises, whether now in effect or which may hereafter come into effect. Tenant shall cause its subtenants to also comply with all Applicable Laws. (b) A Certified Access Specialist (“CASp”) can inspect the Leased Premises and determine whether the Leased Premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the Leased Premises, the commercial property owner or Landlord may not prohibit Tenant from obtaining a CASp inspection of the Leased Premises for the occupancy or potential occupancy of Tenant, if requested by the lessee or Tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Leased Premises.

ARTICLE 5. TAXES AND UTILITIES.

5.1 Real Property Taxes. Throughout the term of this Lease, Tenant shall pay prior to delinquency any possessory use tax imposed on Tenant due to the Leased Premises being owned by a tax-exempt entity.

5.2 Personal Property Taxes. Tenant and Tenant’s subtenants shall pay before delinquency all taxes and assessments levied or assessed on the trade fixtures, equipment and all other personal property of Tenant situated on or installed in the Leased Premises.

5.3 Utilities. Landlord shall pay all charges for water, gas, electricity, sewer service, and refuse removal services provided to the Leased Premises. Tenant will be responsible for all other utilities and services, including, without limitation, phone and internet services, supplied to the Leased Premises during the term of this Lease. Landlord and Tenant agree split the cost of janitorial services for the Leased Premises as further described in Exhibit “B”.

ARTICLE 6. INSURANCE.

6.1 Property Insurance. Throughout the term of this Lease, Tenant shall maintain and cause its subtenants to maintain, in full force and effect the insurance coverage required by this Section.
a) Tenant shall maintain on the Leased Premises a policy or policies of fire and extended coverage insurance, with vandalism, malicious mischief and sprinkler leakage endorsements, to the extent of at least one hundred percent (100%) of the full replacement value thereof, without deduction for depreciation. Said policy or policies shall include business interruption insurance and coverage for any additional cost resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged portion of the Leased Premises or other improvements located at the Leased Premises required to be demolished or removed as a result of the enforcement of any building, zoning, safety or land use laws as a result of a covered cause of loss. Said policy or policies shall also contain an agreed value provision in lieu of any coinsurance clause. Such policy or policies shall not contain any deductible amounts in excess of ten thousand dollars ($10,000.00). Any and all proceeds of such insurance shall be made payable to Landlord and Tenant and shall be deposited with any bank, trust or title company agreed to by Landlord and Tenant, as trustee, for the repair and restoration of the Leased Premises as provided by Article 10 hereof. From time to time during the term of this Lease, Landlord and Tenant shall each have the right to request that the company or companies issuing the fire insurance policy or policies required to be maintained under this Section 7.1(a) redetermine the full replacement value of the Leased Premises, and the insurance policy or policies shall be adjusted according to such redetermination. b) Tenant shall maintain on its trade fixtures, equipment and other personal property from time to time located at the Leased Premises, a policy or policies of “all risk” insurance covering one hundred percent (100%) of the full replacement cost thereof, without deduction for depreciation. The proceeds from any such insurance shall be paid to Tenant, who agrees to use the proceeds therefrom for the repair or replacement of the property damaged or destroyed if necessary in Tenant’s reasonable judgment to the continued conduct of business at the Leased Premises. Tenant shall cause each of its subtenants to maintain the same insurance coverage on each subtenant’s trade fixtures, equipment and other personal property from time to time located at the Leased Premises. c) Tenant and each of its subtenants shall cause their property insurers to issue an endorsement waiving subrogation rights with respect to Landlord.

6.2 Liability Insurance. Tenant and each subtenant will, during the term of this Lease, maintain insurance coverage which shall be at least as broad as:
a) Commercial General Liability (“CGL”): Tenant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (“ISO”) form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. i. Tenant’s general liability policiesshall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 01. Coverage shall provide ISO form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, agents and volunteers shall be additional insureds under such policy/policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
ii. Any failure to comply with reporting provisions of the policies by Tenant shall not affect coverage provided the City.
iii. Coverage shall state that Tenant insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
iv. Coverage shall contain a waiver of subrogation in favor of the City. b) Automobile Liability: If Tenant or any subtenant will have an automobile on the Leased Premises, each such party shall maintain automobile liability coverage on ISO Form Number CA 00 01 (or equivalent) covering any auto (Code 1), or if Tenant or a subtenant has no owned autos, hired (Code 8), and non-owned autos (Code 9), with a limit no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury and property damage.
c) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury or disease. Tenant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, officials, agents, employees, and volunteers.

6.3 General Insurance Provisions
a) If Tenant or a subtenant maintains higher limits than the minimums shown above, Landlord requires and shall be entitled to coverage for the higher limits maintained. b) Deductible amounts must be declared and approved by Landlord. c) Insurance policies are to contain, or be endorsed to contain, the following provisions:
i. The Landlord shall be named as Loss Payee on all property insurance required by this this lease.
ii. Landlord and its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the property insurance policy referenced in Section 6.1(a) above and on required CGL and Automobile Liability policies.

CGL additional insured coverage shall be provided in the form of an endorsement at least as broad as Insurance Services Office form CG 20 10 (or equivalent) and CG 20 37 (or equivalent). The coverage shall contain no special limitations on the scope of protection afforded to Landlord and its officers, officials, employees, agents and volunteers. iii. For any claims related to this Lease, insurance coverage maintained by Tenant and its subtenants shall allow and be endorsed primary insurance as to Landlord and its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by Landlord and/or its officers, officials, employees, agents and volunteers shall be in excess of insurance maintained by Tenant and its subtenants and shall be non-contributory.
iv. Each insurance policy required above shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) days’ prior written notice to the City, except ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. If a carrier will not provide the required notice of cancellation, the Tenant or a subtenant shall provide written notice to the Landlord no later than five (5) business days before cancellation or non-payment of premium.
v. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
d) Tenant hereby grants to Landlord and its officers, officials, employees, agents and volunteers a waiver of any right to subrogation which any insurer of Tenant may acquire against Landlord and/or its officers, officials, employees, agents and volunteers by virtue of the payment of any loss under such insurance. Tenant agrees to obtain endorsements and cause each subtenant to obtain endorsements necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not Landlord has received waiver of subrogation endorsements from Tenant and each subtenant. e) Tenant shall furnish Landlord with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required of Tenant and subtenants. Tenant’s certificates and endorsements are to be received and approved by Landlord before Tenant takes possession of the Leased Premises. A subtenant’s certificates and endorsements will be provided to Landlord before the subtenant take possession of a portion of the Leased Premises. Failure to obtain the required documents prior to Tenant taking possession of the Leased Premises shall not, however, waive Tenant’s obligation to provide the required certificates and endorsements.

Landlord reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

ARTICLE 7. RELEASE FROM LIABILITY; INDEMNIFICATION;

HAZARDOUS MATERIALS

7.1 Release from Liability and General Indemnity.
(a) Landlord will not be liable to Tenant or Tenant’s subtenants for any injury or damage to any person or property resulting from the condition of the Leased Premises that arises after the effective date or fire, theft, or vandalism occurring at the Leased Premises except from conditions caused by Landlord’s negligence or intentional misconduct for all spaces occupied and used by Landlord, including the Makerspace. Notwithstanding, Tenant and its subtenants assume all risk of damage to and loss of property and people in the Leased Premises from any cause. (c) Tenant and its subtenants shall indemnify, defend and hold harmless Landlord and its officers, officials, employees, and volunteers from and against any and all claims, actions, liabilities, damages, losses, injuries, judgments, costs and expenses, including reasonable attorneys’ fees (collectively “Claims”), arising from: (i) Tenant’s and each subtenant’s use of the Leased Premises; (ii) the conduct of Tenant’s or any subtenant’s business, or from any activity, work or things done, permitted or suffered by Tenant or a subtenant in or about the Leased Premises; (iii) Tenant’s or a subtenant’s breach of this Lease; or (iv) the negligence or intentional misconduct of Tenant or its directors, officers, employees, contractors, agents, invitees, or subtenants occurring under this Lease.

The duty to indemnify, defend, and hold harmless shall not, however, extend to any Claims arising from the negligence or willful misconduct of Landlord or its officers, officials, employees, or contractors in the spaces occupied and used by the Landlord, including but not limited to the Makerspace.
(d) The provisions of this subsection shall survive the termination of this Lease. (e) The assumption of risk and the duty to release, indemnify, defend, and hold Landlord harmless shall extend to Tenant’s subtenants, and Tenant shall cause each of its subtenants to agree in writing to adhere to and satisfy the terms of this Section 7.1.

7.2 Hazardous Materials Indemnity. Throughout the term of this Lease, Tenant shall be responsible, at its sole cost and expense, for compliance (as required by any governmental authority) with all Applicable Laws (as defined in Section 4.2) concerning the presence, use, generation, storage, disposal, release or threatened release, removal, or cleanup of Hazardous Materials in, on, under or about the Leased Premises that are caused by Tenant or its subtenants.

Without limiting the foregoing, Tenant hereby agrees to indemnify and hold harmless Landlord and its officers, officials, employees, agents and volunteers, from and against any and all Claims, including without limitation, all foreseeable and unforeseeable consequential damages, directly or indirectly arising out of or connected with: (a) the use, generation, storage, disposal, release or threatened release of Hazardous Materials in, on, under or about the Leased Premises due to the acts or omissions of Tenant or its directors, officers, employees, contractors, agents, or subtenants; and (b) any required or necessary repair, cleanup or detoxification and the preparation of any closure or other required plans to the full extent that such action is attributable, directly or indirectly, to the presence, use, generation, storage, disposal, release or threatened release of Hazardous Materials in, on, under or about the Leased Premises due to the acts or omissions of Tenant or its directors, officers, employees, contractors, agents, or subtenants. As used herein, “Hazardous Materials” means: (1) any flammable explosives, radioactive materials, asbestos, PCBs, hazardous wastes, toxic substances or related material including, without limitations, all substances, wastes, pollutants and contaminants now or hereafter included within such (or any similar) term under any federal, state or local statute, ordinance, code, rule or regulation now existing or hereafter enacted or amended; and (2) any material or substance which is: (i) defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code; (ii) defined as a “hazardous substance” under Sections 25281 and 25316 of the California Health and Safety Code; (iii) defined as a “hazardous material” or “hazardous substance” under Section 25501 of the California Health and Safety Code; (iv) petroleum; (v) listed under Article 10 or defined as “hazardous” or “extreme hazardous waste” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 30; (vi) designated as a “hazardous substance” pursuant to the Water Pollution Control Act (33 U.S.C. Section 1317); (vii) defined as “hazardous waste” pursuant to the Resource Conservation and Recovery Act, 42 U.S.C.

Section 6901 et seq.; or (viii) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., or the Hazardous Material Transportation Act, 49 U.S.C. Section 1801, et seq.; or in the rules and regulations now or hereafter adopted pursuant to the foregoing laws. The provisions of this Section shall survive the expiration or earlier termination of this Lease.

7.3 Use of Hazardous Materials by Tenant. Tenant and its subtenants shall not engage in any activity in, on or about the Leased Premises which involves any use of Hazardous Materials without the prior written consent of Landlord and compliance (at Tenant’s sole cost and expense) in the manner and to the extent required by all Applicable Laws.

ARTICLE 8. ALTERATIONS.

8.1 Alterations with Landlord’s Consent. Throughout the term of this Lease, Tenant may make such alterations, additions and improvements to the Leased Premises with Landlord’s prior written, which consent will not be unreasonably withheld.

8.2 General Requirements.
(a) All alterations, additions and improvements made by Tenant to the Leased Premises shall be done in a good and workmanlike manner and in compliance with all Applicable Laws.
(b) Tenant shall pay all costs and expenses in connection with any such alterations, additions or improvements and shall keep the Leased Premises free and clear of all liens of mechanics and materialmen providing labor and material in connection therewith. Tenant shall have the right to contest, in the name of Landlord or Tenant, at Tenant’s expense, the validity or the amount of any mechanics’ or materialmen’s liens by such judicial or other proceedings as may be appropriate in the jurisdiction and may pay the same under protest or take such other steps as Tenant may deem appropriate. Tenant may withhold or defer payment of such mechanics’ or materialmen’s liens, provided however, that Tenant shall protect Landlord and the Leased Premises from any such lien by adequate surety bond or other appropriate security and shall not allow any foreclosure proceedings against the Leased Premises to be commenced because of such withholding or deferral of payment.

In connection with any such alterations, additions or improvements, Landlord shall have the right to go upon the Leased Premises to post and keep posted thereon notices of nonresponsibility, or such other notices which Landlord may deem to be proper for the protection of Landlord’s interest in the Leased Premises.
(c) Tenant will indemnify, protect, defend, and hold Landlord harmless against all claims, demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorney fees) associated with additions and improvements to the Leased Premises made by Tenant.

8.3 Removal. Tenant shall, at Landlord’s request, remove any alterations, additions or improvements made by it to the Leased Premises upon the expiration or termination of this Lease and shall undertake all necessary repairs reasonably required to place the Leased Premises in the condition that existed on the Effective Date, reasonable wear and tear excepted.

8.4. Prevailing Wage. Tenant acknowledges that prevailing wage requirements of California Labor Code § 1720, et seq., may, as a result of the less-than-market rental rate payable hereunder, apply to any improvement, repair, or maintenance work conducted by Tenant hereunder.

Tenant shall be solely responsible for determining whether prevailing wage requirements apply to Tenant or subtenant improvement, repair, and maintenance work occurring under this Lease and shall ensure that all legal requirements are satisfied. Tenant shall indemnify, defend, and hold Landlord harmless from any and all claims, liabilities, penalties, and actions that may arise as a result of Tenant’s failure to comply with prevailing wage requirements.

ARTICLE 9. MAINTENANCE, REPAIRS, IMPROVEMENTS, AND REPLACEMENTS

9.1 Tenant’s Obligations. Tenant has had the opportunity to inspect the Leased Premises and is aware of the current conditions thereof. Tenant accepts possession of the Leased Premises in their “AS-IS” condition. Tenant and its subtenants shall be responsible for day-to-day and routine repairs and maintenance of the Leased Premises, including, without limitation, vacuuming, carpet cleaning, restroom cleaning, mopping, light bulb replacement, and garbage collection and disposal, and painting of interior walls. Tenant will not be responsible for structural components or capital improvements, including, without limitation, the Leased Premises’ roof, mechanical, electrical, plumbing or HVAC systems or the Building’s parking lot; provided however, Tenant shall be responsible for promptly repairing, at its sole cost, any damage to the Leased Premises or the parking lot caused by Tenant or its directors, officers, employees, contractors, agents, invitees, or subtenants.

9.2 Landlord’s Obligations. Except as otherwise provided herein, Landlord shall, at its sole cost and expense, maintain the Leased Premises’ structural and capital improvements, including, without limitation, the Leased Premises’ roof, mechanical, electrical, plumbing and HVAC systems, and parking lot, in the condition that existed as of the Effective Date, reasonable wear and tear excepted (“Landlord Obligations”). Landlord agrees to indemnify and hold Tenant harmless from any and all damages directly or indirectly caused by Landlord’s failure to maintain its Landlord Obligations.

9.3 Condition at End of Term. Upon the expiration or termination of this Lease, but subject to Landlord’s right to retain alterations, additions, and improvements as provided herein, Tenant shall surrender the Leased Premises to Landlord in the condition existing on the Effective Date, reasonable wear and tear excepted.

ARTICLE 10. DAMAGE AND DESTRUCTION.

10.1 Destruction Due to Insured Risk. If, during the term of this Lease, the Leased Premises are totally or partially damaged or destroyed from any risk covered by the insurance maintained or required to be maintained hereunder, Landlord shall, subject to the provisions contained herein and to the extent covered by insurance proceeds received, forthwith repair and restore the same to substantially the same condition existing immediately prior to said damage or destruction with all reasonable dispatch and diligence. Except as otherwise provided herein, if Applicable Laws do not permit the repair and restoration, Landlord may, but shall not be obligated to, terminate this Lease by giving notice to Tenant, whereupon this Lease shall terminate and Landlord and Tenant shall be released from all liabilities and obligations under this Lease, except for such as have accrued prior to the date of termination. Provided that the insurance required herein has been maintained in full force and effect, if the cost of repair and restoration exceeds the amount of the proceeds received from such insurance, Landlord may, except as otherwise provided herein, elect to terminate this Lease by giving notice to Tenant within fifteen (15) calendar days after determining that the cost of repair and restoration will exceed the amount of insurance proceeds. If Landlord so elects to terminate this Lease, Tenant, within fifteen (15) calendar days after receiving Landlord’s notice to terminate, can elect to contribute the difference between the amount of insurance proceeds and the cost of the repair and restoration, in which case Landlord shall repair and restore the Leased Premises as herein required. Landlord shall give Tenant satisfactory evidence that all sums contributed by Tenant as provided in this Section have been expended by Landlord in paying the cost of repair and restoration.

If Landlord elects to terminate this Lease and Tenant does not elect to contribute toward the cost of repair and restoration as provided in this Section, this Lease shall terminate and Landlord and Tenant shall be released from all liabilities and obligations under this Lease, except for such as have accrued prior to the date of termination, and Landlord shall be entitled to all insurance proceeds payable with respect to the Leased Premises. Landlord shall, however, possess no right to terminate this Lease if the damage or destruction results from the gross negligence or willful acts or omissions of Landlord in the Landlord occupied and used spaces, or its officers, officials, employees or volunteers; in such case, Landlord will be responsible for the difference between the amount of insurance proceeds and the cost to repair and restore the Leased Premises.

10.2 Destruction Due to Uninsured Risk. If, during the term of this Lease, the Leased Premises are totally or partially damaged or destroyed and such risk is not covered by the insurance maintained or required to be maintained hereunder, Landlord may, except as otherwise provided herein, elect to terminate this Lease by giving notice (“Termination Notice”) to Tenant within sixty (60) calendar days after it has been determined that such damage or destruction is from a risk not covered by such insurance. If Landlord gives a Termination Notice, Tenant, within fifteen (15) calendar days after receiving such Termination Notice, can agree to contribute the full amount necessary to repair and restore the Leased Premises, in which case Landlord shall forthwith repair and restore the Leased Premises to substantially the same condition existing immediately prior to said damage or destruction with all reasonable dispatch and diligence. Landlord shall give Tenant satisfactory evidence that all sums, if any, contributed by Tenant as provided in this Section have been expended by Landlord in paying the cost of repair and restoration. If Landlord gives a Termination Notice and Tenant does not elect to contribute toward the cost of repair and restoration as provided in this Section, this Lease shall terminate and Landlord and Tenant shall be released from all liabilities and obligations under this Lease, except for those that have accrued prior to the date of termination.

If Landlord does not give a Termination Notice, Landlord shall, at its sole cost and expense, forthwith repair and restore the Leased Premises to substantially the same condition existing immediately prior to said damage or destruction with all reasonable dispatch and diligence. Except as otherwise provided, if Applicable Laws do not permit the repair and restoration, either Landlord or Tenant may, but shall not be obligated to, terminate this Lease by giving notice to the other, whereupon this Lease shall terminate and Landlord and Tenant shall be released from all liabilities and obligations under this Lease, except for such as have accrued prior to the date of termination. Landlord shall possess no right to terminate this Lease if the damage or destruction results from the negligence or willful acts or omissions of Landlord or its officers, officials, employees, agents or volunteers; in such case, Landlord will be solely responsible for the cost to the repair and restore the Leased Premises.

10.3 Damage Near End of Term. If, during the last eighteen (18) months of the Initial Lease Term or Options Term of this Lease, the Leased Premises are totally or partially damaged or destroyed from any cause (whether insured or not) to an extent such that repair and restoration could not be completed within ninety (90) calendar days (measured from the date of such damage or destruction), then Landlord or Tenant may terminate this Lease by written notice given within sixty (60) calendar days following the date of the damage or destruction; provided however, that if, on the date of the damage or destruction, Tenant has an unexercised option to extend the term of this Lease, Tenant may exercise such option by written notice given to Landlord within sixty (60) calendar days following the date of such damage or destruction, and upon such exercise, this Lease shall (subject to being terminated as otherwise provided in this Article) continue in full force and effect and the Leased Premises or portions thereof which have been damaged or destroyed shall be repaired and restored in accordance with the provisions of this Article.

10.4 Scope or Repair/Restoration Obligations. All repairs and restorations required to be performed under this Article shall be made pursuant to plans and specifications prepared by Tenant and performed by qualified contractors selected by Tenant, which plans and specifications and contractors shall be subject to Landlord’s review and approval. All such repairs and restorations shall be performed diligently and in a good and workmanlike manner, using materials as nearly like original materials in kind and quality as may then be reasonably procured. All such repairs and restorations shall be performed, and the Leased Premises, as repaired and restored, shall be in compliance with all Applicable Laws.

10.5 Deterioration. Damage to or destruction of the Leased Premises resulting from natural deterioration shall not constitute “partially damaged or destroyed” for purposes of this Article. If the Leased Premises are damaged or destroyed as a result of the normal wear and tear of Leased Premises, this Lease shall remain in full force and effect and the provisions of Article 9 above shall apply.

ARTICLE 11. ASSIGNMENT AND SUBLETTING.

11.1 Landlord’s Consent Required; Exceptions. Except as otherwise provided herein, Tenant shall not assign, sublet or otherwise transfer all or any part of Tenant’s interest in this Lease or possession of the Leased Premises or permit the use or occupancy of all or any part of the Leased Premises by any person (collectively “Assignment”), without Landlord’s prior consent, which consent Landlord agrees not to unreasonably withhold, condition or delay.

11.2 Effect of Assignment.
(a) The making of any unauthorized Assignment without Lessor’s prior written consent shall be void and shall constitute a default under this Lease. (b) Authorized subtenants shall be bound by the terms and conditions of this Lease. Tenant shall provide a copy of this Lease to and will cause each of its subtenants to agree in writing to adhere to and satisfy the terms hereof.
(c) No Assignment, whether or not requiring Landlord’s consent under Article, shall release Tenant from any of its obligations under this Lease.
(d) Landlord’s consent to any Assignment shall not be deemed or construed as a waiver of the requirement that Landlord’s consent be obtained to any subsequent Assignment requiring such consent under Section 11.1.

ARTICLE 12. TENANT’S DEFAULT; LANDLORD’S REMEDIES.

12.1 Tenant or Subtenant Default. Tenant shall be in default if Tenant or a subtenant fails to observe or perform any of the covenants or provisions of this Lease to be observed or performed, when such failure shall continue for a period of fifteen (15) calendar days after notice of such failure is given by Landlord to Tenant; provided that, if the nature of Tenant’s or a subtenant’s failure is such that more than fifteen (15) calendar days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant or the subtenant commences such cure within said fifteen (15) day period and thereafter diligently prosecutes such cure to completion, which notice shall be in addition to, and not in lieu of, any statutory notice for eviction required under the laws of the State of California.

12.2 Landlord’s Remedies. In the event of a default by Tenant, Landlord shall have the remedies set forth in this Section; provided that, such remedies are not exclusive but are cumulative and in addition to any remedies now or later allowed to Landlord by law. (a) Landlord may, but shall not be required to, cure the default at Tenant’s cost. If Landlord at any time, by reason of Tenant’s default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due upon the giving of notice by Landlord to Tenant, together with interest thereon at the rate of ten percent (10%) per annum from the date of such notice until Landlord is reimbursed by Tenant.
(b) Landlord may terminate this Lease and obtain damages recoverable at law. No act by Landlord other than giving notice to Tenant shall terminate this Lease.

ARTICLE 13. LANDLORD’S DEFAULTS.

13.1 Landlord’s Defaults. The failure by Landlord to observe or perform any of the covenants or provisions of this Lease to be observed or performed by Landlord, if such failure shall continue for a period of fifteen (15) calendar days after notice of such failure is given by Tenant to Landlord, shall constitute a default by Landlord under this Lease; provided however, that if the nature of Landlord’s failure is such that more than fifteen (15) calendar days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within said fifteen (15) calendar day period and thereafter diligently prosecutes such cure to completion.

ARTICLE 14. OTHER PROVISIONS.

14.1 Holding Over. Any holding over after the expiration of the term of this Lease, with the consent of Landlord, shall be construed to be a new tenancy from month to month only and shall be on the same terms and conditions herein specified.

14.2 Landlord’s Access. Landlord and its authorized representatives shall have the right to enter the Tenant occupied areas of the Leased Premises for the purposes of: (a) determining whether the Leased Premises are in good condition and whether Tenant is complying with its obligations under this Lease; (b) performing any necessary maintenance, repairs or restorations to the Leased Premises which Landlord has the right or obligation under this Lease to perform; (c) serving, posting or keeping posted any notices required or allowed under the provisions of this Lease; and (d) posting “For Sale” at any time and “For Rent” or “For Lease” signs during the last six (6) months of the term of this Lease or during any period while Tenant is in default. Landlord’s entry shall be during normal business hours and upon reasonable prior notice to Tenant, except where the need for such entry is due to an emergency or a situation posing an imminent threat of injury or damage to persons or property. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising out of Landlord’s entry on the Leased Premises as provided in this Section, except for such as results from the gross negligence or willful misconduct of Landlord or its authorized representatives.

14.3 Tenant’s Property. Landlord acknowledges and agrees that all trade fixtures, equipment and other personal property installed or maintained on the Leased Premises by Tenant and its subtenants is the removable personal property of Tenant and its sublessees, as the case may be, notwithstanding that any such trade fixtures, equipment or other personal property may be installed in or affixed to the Leased Premises in such a manner as to constitute fixtures, and Landlord disclaims and waives any and all right, title and interest which it may now or hereafter have or claim in such trade fixtures, equipment and other personal property.

14.4 Transfer of Landlord’s Interest. In the event of a sale or conveyance by Landlord of all of Landlord’s right, title and interest in the Leased Premises, Landlord shall be relieved of all further liability under this Lease from and after the date of such sale or conveyance only if Landlord’s successor has assumed in writing, for the express benefit of Tenant in a writing delivered to Tenant, all of Landlord’s covenants and obligations under this Lease.

14.5 Force Majeure. Except for the payment of monetary sums, neither of the parties hereto shall be chargeable with, or liable for, or responsible to the other for anything or in any amount due to, and the time for performance hereunder by either party shall be extended for, any delay caused by fire, earthquake, explosion, flood, the elements, acts of God, insurrection, rebellion, riots, strikes, lockouts, unforeseeable labor or material shortages, litigation, or any other case whether similar or dissimilar to the foregoing which is beyond the reasonable control of such parties, and any delay due to said causes or any of them shall not be deemed a default under this Lease.

14.6 Interpretation. The titles to the Articles and Sections of this Lease are for convenience of reference only and are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. All exhibits attached to this Lease or referred to in it are, however, a part of this Lease. Whenever appropriate from the context, the use of any gender shall include any other or all genders, and the singular number shall include the plural, and the plural shall include the singular. All provisions of this Lease, whether covenants or conditions, shall be deemed to be both covenants or conditions. This Lease shall be governed by and construed in accordance with the laws of the State of California, without regard to any otherwise governing principles of conflicts of law. This Lease was freely and voluntarily negotiated between the parties and none of the parties to it shall have any term or provision construed against it solely by reason of its having drafted the same.

14.7 Severability. Any provision of this Lease that is invalid, illegal or unenforceable shall be ineffective to the extent of such invalidity, illegality or enforceability without invalidating, diminishing or rendering unenforceable the rights and obligations of the parties under the remaining provisions of this Lease.

15.8 Amendments and Waivers. No term or provision of this Lease may be amended, altered, modified or waived orally or by a course of conduct, but only by an instrument in writing signed by a duly authorized officer or representative of the party against which enforcement of such amendment, alteration, modification or waiver is sought. Any amendment, alteration, modification or waiver shall be for such period and subject to such conditions as shall be specified in the written instrument effecting the same. Any waiver shall be effective only in the specific instance and for the purpose for which given.

14.9 Entire Agreement. This Lease and all exhibits attached to it or referred to in it constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements (whether written or oral) with respect thereto.

14.10 Time. Time is of the essence of each and every one and all of the promises, covenants, agreements and conditions contained in this Lease.

14.11 Counterpart Execution. This Lease may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

14.12 Attorneys’ Fees. If either party hereto brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in such action, including on trial or appeal, shall be entitled to reasonable attorneys’ fees to be paid by the losing party as fixed by the court.

14.13 Notices. Except as otherwise expressly provided herein, any notice, consent, authorization or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, one (1) business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three (3) business days after being mailed by first class mail, charges and postage prepaid and addressed as follows:

To Landlord:

City of Tulare
Attn: City Manager
411 E. Kern Ave.

Tulare, CA 93274
To Tenant:

Tulare Chamber of Commerce
Attn: Chief Executive Officer
220 E. Tulare Ave.

Tulare, CA 93274

14.15 Successors and Assigns. Subject to the provisions of Article 11, this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

14.16 Relationship of Parties. The relationship of the parties hereunder is strictly that of landlord and tenant. Nothing contained in this Lease shall be deemed or construed by the parties or by any third party to create the relationship of principal and agent between Landlord and Tenant or to create any partnership, joint venture or other joint enterprise between Landlord and Tenant. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of the date first set forth above.

Date: _________________, 2025
TENANT

TULARE CHAMBER OF COMMERCE
By: __________________________________

DONETTE SILVA-CARTER
Chief Executive Officer
Date: _________________, 2025
CITY

CITY OF TULARE
By: __________________________________

MARC MONDELL
City Manager
APPROVED AS TO FORM:

City Attorney, City of Tulare

EXHIBIT A
BUDGET
12-Month TBIZ Budget Draft
Account Budget
Revenue
Standard Tenant Rentals 109200
Shared Space Tenant Rental (5X400) 24000
Co-work Hub 9600
Conference Room Rentals 6000
Makers Space Usage
Copies 1000
One-Time Sponsorships 12000
Total Revenue 161800
Expense
Copiers & Supplies (Upstairs & Downstairs) 14000
Office Supplies 2000
Janitorial Service & Supplies 16000
Alarm Monitoring 1000
Staff Expenses - ie mileage, meetings 1500
Liability Insurance 20000
Subscriptions & Memberships (software, prof) 1500
Workers Compensation Insurance 1500
Directors & Officers Insurance 1200
Postage 250
Staffing - Payroll, Taxes, Benefits 95000
Professional Development 2500
Makers Space Supplies
Makers Space Trainers
General Maintenance 1200
Supplies - Coffee Stations 2400
Tenant Signage - Interior 1200
Total Expense 161250
Total Projected Net Revenue 550

EXHIBIT B

DESCRIPTION OF LEASED PREMISES
,------
1 I
I
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I

STORAGE
(NONAOAJ
1 sa.n.

OFFICE
ISJ.ISO,n.

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□
□
POI.ICE DEPARTMENT SPACE
f.illJSO,FT
□
□
□

OPEN BUSINESS AREA
J:127.SSQFT.

OFFICE SPACE
�11..! SQ FT,
OFFICE
143,7SO,FT
--------7
L _____ l
Off/CE SPACE
�l,(S(ln,

OFFICE SPACE
200JSO,fl.
□

MAKER SPACE
19(2.2$QIT,
□
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L,
I
I
I
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I
I
I
LEGEND

EXISTING WALL TO REMAIN

NEW WALL
-•-•- RATEDWALLASSEMBLY

KEYNOTES
IT] 4' X 4' FIXED WINDOW
0 INTERIOR STOREFRONT
0 16' LINEAR FT COFFEE BAR
[l] INTERIOR STOREFRONT Willi

INTEGRAL DOOR
[I] POTENTIAL RA TEO FIRE WALL ASSEMBLY
IT] PIT FOR FUTURE ELEVATOR

BASEMENT FLOOR PLAN
SCALE 3/32" = 1'-0"
FACILITY OCCUPANCY MAP – CITY-RETAINED AREAS
FACILITY OCCUPANCY MAP – CITY-RETAINED AREAS

STORAGE
JIJUSO.FT.

OPEN OFFICE SPACE
T8ti,S 1'1,
OFFICE

22.UStlrT.

OFFICE
ms FT

CHAMBER I RECEPTION
3'T,9SOFT
POLICE OEPAR™ENT SPACE
,,12IISOJT,
OFFICE
m.8SOFT.

LOBBY I HALL WAY ENTRANCE
1422.5-50.FT.
---------7
____ _j
I I I

PRESS BRIEFING I TRAINING ROOM
ll�I.J80ff,
1161 Ff
LEGEND

EXISTING WALL TO REMAIN NEWWALL ADA CLEARANCE

KEYNOTES
[Ij 4' X 4' FIXED WINOOW
[I) [I]
0 INTERIOR STOREFRONT WITH INTEGRAL DOOR
12' LINEAR FT COFFEE BAR

OPEN TO BELOW FOR FUTURE

ELEVATOR
[I) B'X12'ROLLUPDOOR

FIRST FLOOR PLAN
SCALE 3/32" = 1'-0"
Janitorial Responsibilities:

A. Janitorial Responsibilities of Tenant include the following: the noncommon areas, including but not limited to, the “hub”, the coffee/mail room, all tenant/subtenant occupied spaces.

B. Janitorial Responsibilities of Landlord include the following: restrooms, hallways, Makerspace and all areas directly associated with it, and Community Room.

EXHIBIT C
TULARE BUSINESS INNOVATION ZONE – POLICIES & PROCEDURES Business Accelerator Program
Policies and Procedures

1. Introduction to the Business Accelerator Program
• Purpose of the Program:
o Foster the growth of start-ups and entrepreneurs through mentorship, resources, and infrastructure.
o Help businesses scale by providing access to funding, networking, training, and other tools.
• Target Audience:
o Entrepreneurs, small business owners, and start-ups in the preliminary stages of their business lifecycle.
• Scope of Services:
o Access to office space, equipment, technology, mentoring, workshops, and networking events.

2. Eligibility Criteria
• General Eligibility:
o Open to individuals or groups in the preliminary stages of business development (pre-revenue to early revenue phase).
o Must have a scalable and innovative business idea.
o A commitment to growth and professional development.
• Ineligible Candidates:
o Businesses already established for more than 5 years. o Businesses outside the specific industry focus of the Accelerator (e.g., tech, healthcare, manufacturing).
o Non-profit organizations (if the Accelerator is focused on for-profit ventures). • Application Process:
o Step 1: Submission of an application form (including business ideas, goals, and plans).
o Step 2: Evaluation of business viability and scalability. o Step 3: Interview or pitch session.
o Step 4: Notification of acceptance or rejection.

3. Program Participation Requirements
• Commitment:
o Accepted start-ups must commit to full-time participation in the program for a set period (typically 6 to 12 months).
o Attendance at mandatory workshops, events, and mentorship sessions. • Business Milestones:
o Set quarterly business development goals in collaboration with a mentor or Accelerator staff.
o Regular progress reports to track milestones.
• Space and Equipment Usage:
o Access to co-working spaces, meeting rooms, and office equipment. o Proper maintenance and cleanliness of the space are the responsibility of the start-up.

4. Program Benefits
• Mentorship and Coaching:
o Assigned mentors to guide business growth, strategy, and management. o Workshops on business skills such as finance, marketing, sales, and legal matters.
• Access to Resources:
o Free or discounted office space and facilities.
o Access to high-speed internet, printers, and other essential office equipment.
o Introduction to funding sources, investors, and industry professionals. • Networking and Partnerships:
o Opportunities to network with fellow entrepreneurs, investors, and potential clients.
o Connection with local business development resources and strategic partners.

5. Program Fees and Financial Support
• Program Fees:
o Application Fee: A nominal fee to process applications (if applicable). o Participation Fee: A monthly or quarterly fee to cover the cost of space and resources.
o Fee Waivers/Discounts: Available for exceptional cases, based on financial need or merit.
• Funding and Investment:
o Start-ups may be eligible for grants, seed funding, or venture capital introductions during or after the Accelerator period.
o Investment terms will be defined by the Accelerator program and partners (e.g., equity or debt-based models).

6. Code of Conduct and Responsibilities
• Professionalism:
o Respect for all program participants, mentors, staff, and guests. o Compliance with local laws, regulations, and industry standards. • Business Integrity:
o Start-ups must operate ethically and transparently in all dealings. o Intellectual property (IP) created during the program must be managed in accordance with agreed-upon terms.
• Confidentiality:
o All participants are expected to respect the confidentiality of shared business ideas, strategies, and sensitive information.
o Non-disclosure agreements (NDAs) may be required for mentors or staff members who have access to proprietary information.

7. Evaluation and Progress Monitoring
• Quarterly Reviews:
o Regular assessments to track the progress of each business. o Reviews will focus on goals achieved, financial stability, growth metrics, and areas for improvement.
• Key Performance Indicators (KPIs):
o Each participant will have specific KPIs to measure growth, such as revenue increase, customer acquisition, and market penetration. • Exit Criteria:
o Businesses that meet key milestones and show scalability may be eligible to "graduate" from the Accelerator Program.
o Graduates may receive continued support as alumni or be introduced to external investors.

8. Termination and Removal from the Program
• Voluntary Withdrawal:
o Start-ups may choose to withdraw from the program at any time, with written notice.
• Involuntary Termination:
o Breach of program policies, non-compliance with agreed milestones, or unethical behavior may result in removal.
o Failure to meet progress milestones or unprofessional conduct may also lead to dismissal from the Accelerator.

9. Application Form (Sample)
• Basic Information:
o Business Name:
o Applicant Name(s):
o Contact Information:
o Business Website (if applicable):
• Business Overview:
o What is your business idea? (1-2 sentence description) o What problem does your business solve, and who are your target customers? • Business Stage:
o Pre-revenue, early revenue, or other (please specify). • Goals for the Program:
o What do you hope to achieve by participating in the Business Accelerator Program?
• Funding and Financial Information:
o Current financial status (e.g., self-funded, seeking investment). • Commitment:
o Are you willing to commit to the full-time participation requirements for the duration of the program?
• Additional Information:
o Any additional details that may be important for our evaluation of your application (e.g., team members, previous business experience, etc.).

10. Contact and Support Information
• Program Inquiries:
o Contact details for further questions or clarification (email, phone, etc.). • Application Deadlines:
o Set dates for application submission periods (e.g., quarterly or semiannually). • Support Resources:
o Access to FAQs, online resources, and one-on-one consultations during the application process.

Tulare Business Innovation Zone
Business Accelerator Participation Overview
for Emerging Entrepreneur Application to Program Services & Tenancy To apply for participation in the Tulare Business Innovation Zone (TBIZ) business accelerator program, applicants need to submit a detailed business plan, showcase a strong founding team with relevant experience (ideal, but flexible as an emerging entrepreneurial effort), demonstrate market understanding, present a feasible product or service prototype (if available), provide financial projections, and provide letters of recommendation, with the specific requirements varying based on the industry focus.

Applicants should clearly articulate their business idea, target market, and unique value proposition.

Key applicant requirements for the TBIZ accelerator program:
• Business Plan/Executive Summary:

A well-structured document outlining the business concept, target market, revenue streams, marketing strategy, and financial projections. • Founding Team Bios:

Detailed information about the team members, highlighting their relevant skills, experience, and roles within the company.
• Market Research:

Evidence of thorough market analysis including market size, potential growth, and competition landscape.
• Product/Service Prototype:

If applicable, a functional prototype or beta version of the product or service to demonstrate progress beyond just an idea.
• Financial Projections:

Realistic financial forecasts showing potential revenue, expenses, and cash flow for the next few years.
• Letters of Recommendation:

References from industry professionals, mentors, or investors who can vouch for the team's capabilities.

Other factors that may be considered for TBIZ participation:
• Industry Fit:

Whether the business aligns with the community’s focus area (e.g., tech, healthcare, agriculture, cleantech).
• Growth Potential:

The potential for the business to scale and generate significant revenue. • Team Dynamics:

The strength of the team's collaboration and ability to work together effectively. • Commitment to Program:

The applicant's willingness to actively participate in the TBIZ mentorship, workshops, and B2B engagement opportunities.

TBIZ – TULARE BUSINESS INNOVATION ZONE

ACCELERATOR PROGRAM
APPLICATION:
• Company Name:
• Contact:
• Address:

Street Address
Address Line 2
City
State / Province / Region
Postal / Zip Code
Country
• Phone:
• Email:
• Please describe the products or services to be offered. • Are you pursuing this business on a full-time or on a part-time basis? • How many people, including you, are employed in the business? • At what stage of development are the products or services you wish to market through your business?
• Do you have a completed business plan for this venture? If no, do you have a welldeveloped concept paper for this venture? If answer to either question is yes, please submit along with your application.
• Do you have a management team established for this venture? If yes, what areas of expertise does the management team possess?
• Please identify the industry sector or sectors that would best characterize your business.
• Please describe your business goals for the next three months, one year, and three years.
• Please provide a brief description of the challenges your business is facing to achieve your identified goals.
• Do you anticipate hiring employees in the next three months, one year, or three years? If so, how many employees and for what positions? • How many individual workspaces do you need in the accelerator? • How did you hear about the Business Accelerator Program? • Please identify the type(s) of assistance you are seeking:
o General Business Assistance
o Market Research
o Marketing/Sales
o Business Plan Preparation
o Legal Services
o Accounting Services
o Financial Services
o Management/Operations
o Human Resources
o Product Development
o Equity Financing
o Manufacturing/Production Services
• RESUME
• Business Plan
• Cover Letter
• Additional Information
Tulare Business Innovation Zone-TBIZ
Shared Internet Access - Terms of Use

1. Overview
This Terms of Use document outlines the guidelines and requirements for using the shared internet connection provided by The Tulare Business Innovation Zone. By accessing and using this service, clients agree to comply with these Terms of Use. Failure to comply may result in restricted access, suspension, or termination of service.

2. Approved Usage
Clients are permitted to use the shared internet connection for activities including, but not limited to:
• Browsing and Research: Accessing websites and online resources for educational, work, or personal research purposes.
• Communication: Using email, video calls, messaging apps, and other approved communication platforms.
• Streaming and Entertainment: Streaming video or audio content from legal and reputable sources.
• Online Transactions: Conducting secure and legal online banking, shopping, and similar personal transactions.
• Software and System Updates: Downloading necessary updates and patches from trusted software providers.

3. Non-Approved Usage
Clients are strictly prohibited from using the shared internet connection for any of the following purposes:
• Accessing Inappropriate Content: Accessing, viewing, or sharing content deemed inappropriate, such as adult or obscene material, hateful or discriminatory content, or any other materials that are offensive or abusive.
• Illegal Activities: Engaging in any illegal activity, including but not limited to the viewing, sharing, or downloading of pirated software, movies, music, or any copyrighted material without authorization.
• Hacking or Unauthorized Access: Attempting to gain unauthorized access to any network, system, or account, or engaging in activities that could compromise the security of the network.
• Malware and Virus Distribution: Uploading, distributing, or sharing malicious software, such as viruses, spyware, or ransomware.
• Spamming and Phishing: Sending bulk unsolicited emails or engaging in phishing attempts to deceive or defraud others.
• Excessive Bandwidth Usage: Engaging in activities that excessively consume bandwidth, such as large-scale file sharing or continuous streaming, which could impact the service for other users.

4. Privacy and Data Security
Clients should be aware that this shared internet connection is monitored to ensure compliance with these Terms of Use. While we respect users' privacy, any activity that appears suspicious or potentially harmful to network integrity may be investigated.

5. Consequences of Non-Compliance
Non-compliance with this policy may lead to the following actions:
• Warning: Clients may receive an official warning regarding any first-time minor infractions.
• Temporary Suspension: Continued or serious breaches may result in the temporary suspension of internet access.
• Termination of Access: Severe or repeated violations may result in the permanent termination of internet access privileges.
• Legal Action: Illegal activities conducted over the network may be reported to law enforcement and could lead to criminal or civil charges.

6. Amendments
The Tulare Business Innovation Zone-TBIZ reserves the right to amend or update these Terms of Use at any time. Clients will be notified of significant changes, and continued use of the internet service will indicate acceptance of the updated terms.

7. Contact Information
For questions or clarifications regarding this Terms of Use policy, please contact us at:
[email protected]
[email protected]
[email protected]
TBIZ Policies & Procedures Handbook
March 2025
Welcome to the Tulare Business Innovation Zone!
TBIZ accommodates many members, so it is important that everyone understands the amenities, rules, and regulations of the facility. This Handbook is intended to provide that guidance. This Handbook is not a replacement for the Member Agreement, which all members acknowledge and agree to upon signing up for membership.

This Handbook is also a work in progress. Changes are occurring constantly, and our goal is to keep this Handbook as current as possible. Please let us know if you have any questions that have not been addressed by this Handbook; we will try to answer them in the next version.

Sincerely,
The TBIZ Team
Note: Nothing within this document supersedes specific terms and conditions found in your Membership Agreement.
425 E Kern Ave, Tulare Ave. www.tularebiz.com
Table of Contents

PART I INTRODUCTION

1. What is TBIZ?

2. What’s happening at TBIZ?

3. Members

4. Contact Person

5. Payment of Accounts

6. Business Hours

7. Keys

8. Parking

9. Guests

10.Conference Rooms

11.Events, Training & Consultants

12.Mail

13.Power Outlets

14.Wi-Fi

15.Multimedia Presentation
Equipment

16.Printing, Photocopying, Scanning
and Fax Services

17.Restrooms

18.Repairs

PART II OFFICE RULES

1. "Good Neighbor Policy"

2. Security

3. Break Room and Kitchen

4. Common Area usage

5. Office Behavior

6. Soliciting

7. Cleaning

8. Alcohol at Special Events

9. Children

10.Bicycles

11.Smoking

12. Pets

13.Fire

14. Alcohol, Drugs And Weapons

15. Furniture

PART III EMERGENCY EVACUATION

1. Evacuation Plan

2. Emergency Information
PART I: INTRODUCTION

1. What is TBIZ?
The mission of TBIZ is to attract and support the most vibrant talent and promising innovators and entrepreneurs in an effort to build a unique startup culture in The City of Tulare. Every person using the TBIZ space MUST be a Member. Non-Members can use TBIZ if they are meeting TBIZ Members for business-related meetings or if the non-Members have purchased a Day Pass or Half-Day Pass.

2. What’s Happening at TBIZ?
Want to know what’s happening at TBIZ? subscribe to our newsletter.

Our newsletter is a space to get to know other members, share what you’re working on, what you might need help with, etc. It’s also where we and our community share events, resources, news, internship/job opportunities, financing/grant opportunities, and more.

3. Members
TBIZ provides varying access to the facility, resources, services and programming based on various levels of membership, currently:
● Coworking Membership for Members who have executed a Coworking Membership Agreement (“Coworking Members”). Coworking Members have access to unassigned shared workspace, offered on a first-come, first-served basis, within a networking environment, promoting an energetic technology ecosystem in Tulare, for people in teams or companies operating in the technology entrepreneurship arena. ● Dedicated Desk Membership for Members who have executed a Dedicated Desk Membership Agreement (“Dedicated Desk Members”). Dedicated Desk Members have access to a designated workspace located in 425 E Kern Ave, which enables them to have their own personal desk but still receive the perks and benefits of coworking.
● Private Office Membership for Members who have executed a Private Office Membership Agreement (“Private Office Members”). Private Office Members have access to a private office and also receive the perks and benefits of coworking. ● Accelerator Membership for members who have executed an Accelerator Membership Agreement (“Accelerator Members”). Accelerator Members, have access to an unassigned workspace within the facility for a period of 6-12 months; Accelerator Members are provided mentorship, support, and infrastructure to help them launch innovation-driven companies (“Accelerator Program”).

4. Contact Person
For general questions, as well as any concerns
Tulare Chamber Executive Director
Donnette Silva Carter
[email protected]
relating to maintenance and repairs, please contact:

Facilites Navigator
Deanna [email protected]

5. Payment of Accounts
The payment of any monies due by any Member is due on the date they signed up. Mailed payments are recorded as received and the Member is responsible if payments are lost, late, misdirected, mutilated or delayed. Late fees and returned check fees will be charged.

6. Business Hours
Our current staffed hours of operation are Monday through Friday from 8:30 AM until 5:00 PM.

Members have 24/7 access to the space (unless otherwise noted) with their keycards, during their agreed upon terms. We are not staffed on major holidays or weekends.

7. Keys
A keycard to the main entrance will be provided to each paying Member. All Members will be charged $50 to replace a lost keycard.

8. Parking
Please be respectful of how you park. If the parking lot is full, there is street parking across the street. Use the crosswalk.

9. Guests
Members will be responsible for meeting and escorting their Guests to and from the Member’s workspace. Members will be responsible for ensuring their guests check-in and check-out on the Guest Register located in the foyer. Any guest must be accompanied by a Member at all times. The inviting Member will be responsible for their guest’s actions at all times. Members are accountable for and responsible for the conduct of their Guests.

10. Conference Rooms & Phone Booth
TBIZ has two conference rooms and a soundproof phone booth available to Members:

Conference rooms are for meetings with customers, teammates, and clients ONLY. You may not resell or donate your conference room time to nonmembers or outside groups. ● Each conference room and phone booth is available on a first-come, first-served basis during the times they have not been reserved through their respective through the Member Portal.
● Use of the conference rooms and phone booth beyond the allocated hours specified below can be negotiated for an additional cost on a case-by-case basis. Please contact a staff member of TBIZ for any such negotiations.

Usage of Conference Rooms & Phone Booth by Member/team
To book a conference room or phone booth, visit our Member Portal. The person who reserves the conference room/phone booth is responsible for the set-up and clean-up of the room.

The conference room can be reconfigured to meet the user’s needs; however, the room must be returned to its standard format at the conclusion of the usage. Any writing on dry erase boards must be removed. All tables must be wiped down and all chairs must be free of any debris. All trash must be disposed of, so it is not visible to the next user.

11. Events, Training & Consultants
All Members will have free access to the following events and programs: Networking Events:

TBIZ organizes regular networking events with members of the community at large which will be open to all Members.

12. Mail
Members may use the TBIZ mailing address as their business mailing address: 3425 E Kern Ave., Tulare, CA 93274. Mail will be sorted and placed in the TBIZ mail center located in the office. The Member is responsible for picking up the Member’s own mail from the mail center. The Member is responsible for changing their mailing address when they are no longer a TBIZ Member.

13. Power Outlets
Members have access to power outlets within their respective workspaces. You may only use the electricity for the business conducted by you within TBIZ. In the interests of conservation of energy, we encourage you to turn off lights, equipment and appliances in your respective workspace when you are out of the TBIZ building.

14. Wi-Fi
Members have access to TBIZ Wi-Fi.

Network: TBIZ_Guest
Password: to be provided upon arrival

15. Multimedia Presentation Equipment
Members have access to TBIZ multimedia presentation equipment, including a projector, desktop PC, and Owl camera in the classrooms. Please be respectful to your fellow members and leave the room how you found it. Instructions on how to use the tech equipment are in each room. To book a classroom, please contact the Community or Program Manager.

16. Printing, Photocopying, Scanning, and Fax Services
Currently TBIZ does not provide Fax Service. Printers are in the main floor break room and the basement commons area and can be utilized for a small charge. (Large documents and multi-page documents will need to be printed off site). Private Office Members and Dedicated Desk Members can bring in their own printer if desired.

17. Restrooms
ADA restrooms are available on the main floor lobby and in the downstairs area.

18. Repairs
For any TBIZ emergency and non-emergency maintenance problems or service needs occurring inside or outside of the TBIZ building, please contact the Facility Navigator- [email protected].

PART II OFFICE RULES

1. “Good Neighbor Policy”
All Members and guests have the right to quiet enjoyment and TBIZ enforces a “Good Neighbor Policy.” Please ensure that all loud conversations, music, and any other loud sound does not distract anyone else. Please be considerate of all TBIZ Members and respect each other’s undisturbed use and enjoyment of workspace. This is an open office environment shared by many different people and organizations; however, anything said should be expected to be heard by others.

2. Security
● Security is everyone’s responsibility. Members are expected to behave in a manner that is consistent with the safety and well-being of others. Members may be held responsible for any action (or inaction) which is deemed to potentially endanger others within TBIZ.

Use of the facilities is outlined in Member’s Membership Agreement. No other use is allowed.
● Security is provided from time to time. There are also security cameras at the entryways, and in the public areas. The TBIZ facilities are to be used at each Member’s own risk.

3. Respect Property and Assets
Members will be held solely and financially responsible for damage done to the property, assets, furniture, or equipment of TBIZ and that of other Members of TBIZ. TBIZ upholds a Zero Theft Tolerance policy for its Members and Guests. Any incidence of theft of TBIZ assets, or assets of its Members and Guests, will lead to prosecution to the fullest extent permissible by law.

4. Kitchen
The kitchen may be used by Members at any time. Cleanliness of the kitchen is each Member’s responsibility. Please note, the custodial staff do not clean dishes, the refrigerator, microwave, coffee maker, etc. Please be respectful of the space and your fellow members and clean up after yourself if you spill something or make a mess.

A. Those using the kitchen must clean up after themselves and their Guests. They must wash their own dishes and clean up any appliances utilized. Custodial staff will only wipe down the counter and mop the floors.

B. The refrigerator must be maintained free of spoiled food at all times. If anyone leaves anything in the refrigerator, it is their responsibility to throw it away. Please label and date the food you put in the refrigerator. TBIZ staff reserves the right to throw anything in the refrigerator away, including breakthrough science experiments.

5. Common Area Usage
A. The open coworking areas are common areas and shared workspaces.

B. Making phone calls using the speaker feature is never allowed in any space, except when in a conference room or a private office.

C. Please occupy only one spot at a time in the common area. Taking up multiple spots limits the space available to your fellow Members.

D. “The One Hour Rule”: Feel free to leave your belongings in the common areas; however, if you are gone for more than an hour, please pack your belongings in order to make workspace available for another Member.

6. Office Behavior
Members are expected to use professional office behavior. Given the open environment of the workspace at TBIZ, it is critical for all Members to be mindful of the purpose of the TBIZ mission and be respectful of all Members’ need for a productive work environment.

7. Soliciting
Members are encouraged to make connections, collaborate, share ideas, provide advice, and generally make things happen, including buying/selling goods and services from each other (except where prohibited under this Handbook or under Member’s Membership Agreement).

Members may NOT spend their days directly soliciting other Members; this may result in cancellation of membership.

8. Cleaning
A. The custodial crew provides basic services to the common areas of the building.

Service includes restrooms, sinks, empty trash cans, mop floors, spot clean doors, spot clean walls, sweep floors, vacuum carpets, wipe all light switches and electrical plates, and wipe down countertops. If the basic services are not being provided, please report the problem to a staff member of TBIZ. Restrooms will be stocked at that time.

B. Members are expected to keep their areas clean and free of debris, including their team area and shared use space; personal belongings should stay within the confines of each Member’s area. There will be many stakeholders visiting the facility and it is important that the facility have a professional look and feel.

9. Alcohol at Special Events
TBIZ is a workplace. Alcohol may be served at special events taking place at TBIZ with preapproval of TBIZ Management. Please note, this approval process can take several weeks and is not guaranteed to be approved. Member must follow all conditions in their alcohol request agreement. Certain events may require the purchase of a special event insurance policy to cover general liability. Alcoholic beverages may not be served to a minor or to an individual who appears to be intoxicated or if there is reason to believe that the individual may be intoxicated.

10. Children
TBIZ is not an environment that can easily accommodate or entertain young children. Although bringing a child to TBIZ is not prohibited, for both safety and Good Neighbor Policy reasons, the practice is not encouraged.

11. Bicycles
Members will find a designated bicycle rack located in the parking lot. Please ask the site attendant for the bike locker code.

12. Smoking
Smoking is strictly prohibited in the TBIZ building. Any Member found smoking inside the TBIZ building will have his or her membership immediately terminated.

13. Pets
Only service animals as defined by the state of California as guide dogs are allowed in the building.

14. Fire
No candles, “sterno” type devices, burning incense, open fires, barbecues, dangerous chemicals, (e.g., gasoline, cleaning solvents, etc.) are prohibited.

15. Alcohol, Drugs And Weapons
● The inability to exercise care for one’s own safety or the safety of others as a result of alcohol and or drug consumption is a violation of the alcohol & drug policy. ● All weapons are prohibited on the premises including, but not limited to, BB guns, sling shots, knives other than kitchen knives, pellet guns, airsoft guns, paint guns, ammunition, fireworks, explosives, or any other material or instrument that poses an unreasonable risk of damage or injury, in or around the facility. ● Exemption: Those individuals in possession of a CCW permit, or members of law enforcement are exempt.

16. Furniture
Misuse or abuse of furniture, equipment, and buildings is prohibited. Members are not allowed to bring personal furniture into the facility without consent.

PART III EMERGENCY EVACUATION

1. Evacuation Plan
If an evacuation is required:
● Keep calm and keep your guests calm. Don’t run or panic. ● If you are advised to exit buildings, advise your guests of the need to evacuate building, direct them to take their belongings with them, use the nearest exit and walk to your designated Evacuation Meeting Site to reconvene and take roll. ● Take a roll. Account for your guests before and after you evacuate. ● If any of your guests are injured, take them with you in an evacuation only if moving them will not cause further injury. If you must leave an injured person behind, try to protect them from anything that might injure them such as items falling or glass breaking, etc. Post a large visible sign on the outside of the door indicating the person is there.

Once you have reached the safe evacuation Meeting Site and have accounted for your guests, provide emergency guests with information about the injured person so that a search and rescue operation can be conducted to recover the person. Minor injuries can be treated by emergency guests at the safe Evacuation Meeting Site. e. Do not re-enter buildings until informed it is safe to do so by emergency personnel.

2. Emergency Information
In the event of an emergency, please adhere to the following guidelines. Your safety is of primary importance.
● First Aid Kit. If you require minor first aid treatment, there is a first aid kit located in the main floor break room and the commons area kitchen. If you use the last of any item from the kit, or there are issues with the kit, please let a TBIZ staff member know so that we can replenish it.
● Serious Illness/Injury
i. Contact a TBIZ staff member immediately.
ii. Telephone Police at 9-1-1. Be ready to provide as much information as possible regarding the illness/injury.
iii. Do NOT move seriously injured or ill persons unless they are in a dangerous location.
iv. Administer first-aid or CPR when required and only if you are properly trained. v. Stay with the victim until help arrives. Keep the victim as calm and comfortable as possible.
● Fire-Explosion
i. Telephone Police at 9-1-1. Give your name, location and type of fire or explosion. ii. Sound any available fire alarms.
iii. Fire extinguishers are located within the lobby of the building. iv. Calmly evacuate the building and take personal belongings with you. v. If you are disabled (in a wheelchair) and cannot leave the building through an exit on your floor, go to the nearest stairwell and ask someone to notify emergency guests of your location for evacuation.
● Earthquake
i. Remain calm. Move away from windows and take shelter under a desk or table until the shaking stops. Stay away from objects that can fall on you. ii. If you are outside, stay in the open and move away from buildings and /or power lines. If you are in a vehicle, stop as far from traffic as possible but not under a bridge, tree, sign or streetlight.
iii. Building evacuation is NOT immediate. If necessary, evacuation will be conducted by emergency guests at the direction of Police. If directed to evacuate, use the nearest exit and move to designated evacuation area. Do not use elevators.
● Crime in Progress
i. Telephone Police at 9-1-1. Be ready to give your name, location, and description of the problem.
ii. Do NOT attempt to apprehend or confront the suspects. Be a good witness.

Make a note of suspect’s appearance, details of the incident, weapons seen and vehicles involved. Remain calm.
● Hazardous Chemical
i. Telephone Police at 9-1-1. Give your name, location and description of the situation. If possible, identify the chemical involved and advise of any injuries or if a fire has started.
ii. If you are outside a building, evacuate the area by moving upwind of the spill or radiation incident.
iii. If you are inside and the incident occurred outside, evacuate only when instructed to by emergency guests. Close all windows and, if possible, turn off all ventilation equipment and fans.
iv. Do NOT attempt to clean up a spill unless you are trained in such procedures.

Staff Report
Meeting: City Council
Date: March 18, 2025
Department: City Manager
Submitted by: Melissa Hermann, Chief Deputy City Clerk
Agenda Title: TCAG Public Transit Representative Alternate

RECOMMENDED ACTION
Discuss whether any member of the Council desires to be considered for appointment to the Tulare County Association of Governments (TCAG) Board as the Public Transit Representative Alternate, and if so, advise the City Clerk to notify the designated Council of Cities representative.

SUMMARY
There is a Transit position on the Tulare County Association of Governments (TCAG) Board of Directors.

This position was created by the TCAG Board in 2015 and carries a three-year term. It is a full voting member of the Board that is appointed by the Council of Cities. Pursuant to the selection process determined by the Council of Cities (attached), the individual selected must be an elected official from a city in Tulare County, and the city should directly provide fixed route service; however, given that the TCRTA provides fixed route service, officials from the City's other than Porterville and Visalia are eligible to serve. The individual selected must be willing to fulfill the job which includes the following items:
• Receive orientation and training on the roles and responsibility of TCAG as an agency, as well as the responsibilities of individual board members.
• Represent the interests of public transit in Tulare County. This includes the interests of residents and riders in the county, as well as all agencies that provide public transit in Tulare County. • Serve as the TCAG representative on the CalVans board of governors. • Attend various meetings, functions, conferences, etc. Examples include:
o CalVans board meetings
o Stakeholder and community meetings
o Unmet Needs Public Hearings
o Transit forum meetings
o Meetings of the Social Services Transportation Advisory Council (SSTAC) o Events, functions, etc. with local, regional, state, and federal partner agencies o Advocacy trips to Sacramento and Washington D.C.
o Project groundbreakings
• Ensure that you are provided the necessary information for decision-making • Attend board member training
• Attend TCAG board meetings and workshops
• Promote and advocate for public transit that serves the residents of Tulare County.

The current Public Transit Representative is Visalia Vice Mayor Liz Wynn. The Alternate Member would fulfill the duties of the primary member when unavailable.

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

Item #: 7.1
General Business

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS
None
Reviewed/Approved:

Staff Report
Meeting: City Council
Date: March 18, 2025
Department: City Manager
Submitted by: Melissa Hermann, Chief Deputy City Clerk
Agenda Title: LAFCO Alternate Member

RECOMMENDED ACTION
Discuss whether a member of the Council is interested in being considered for appointment to the Local Agency Formation Commission (LAFCO) as Alternate Member for a term ending May 2029, and if so, direct the City Clerk to notify the City Selection Committee Clerk.

SUMMARY
The Tulare County LAFCO is responsible for coordinating logical and timely changes in local governmental boundaries, conducting special studies which review ways to reorganize, simplify, and streamline governmental structure and preparing Spheres of Influence for each city and special district within each county. The Commission's efforts are directed to seeing that services are provided efficiently and economically while agricultural and open-space lands are protected.

Currently, Vice Mayor Harrell serves as the Alternate Member whose term ends in May 2025. Members of the Council may be considered for appointment to this seat for a term beginning in May 2025 and ending in May 2029. Nominations will be provided to the City Selection Committee Clerk who will provide the names for consideration at the April 21 City Selection Committee meeting.

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

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS
None
Reviewed/Approved:

Item #: 7.2
General Business

Tulare City CouncilMarch 18, 2025

Tulare City Council
March 18, 2025