e. Number of Involuntary exits related to a violation of rule(s) equals less than 20 percent of the total number of guests annually. f. Operable and sanitary bed, hygiene, office, and communal facilities. g. 60 percent or more of all guests each year achieve enrollment in the Coordinated Entry System and participate in case management and housing navigation service.
h. 30 percent or more of all guests each year utilize one or more of the advertised and available social, physical healthcare, or behavioral healthcare services.
i. 25 percent or more of all guests each year will exit to interim or permanent housing.
j. 25 percent or less of all the exits of guests in given year will involve a return to an unsheltered living situation.
k. Total expenditures each year will remain within 75 percent of the annual operating budget plan;
l. Surveys of community stakeholders and guests will indicate an approval rating of over 50% of all respondents.
H. EMERGENCY SHELTER POLICIES AND PROCEDURES
a. The Third-Party Service Provider will review policies and procedures documents of existing emergency shelters within Tulare, Fresno, or Kern Counties (minimum of two) of comparable capacity (100 people) and samples from Org Code Consulting Inc. or the National Alliance to End Homelessness b. The Third-Party Service Provider will provide a written debrief report to City Management on findings from a review of policies and procedures c. The Third-Party Service Provider will develop policies and procedures informed by program principles and objectives that include, but are not limited to, the following provisions:
• Expectations of All Employees
• Values
• Participant Eligibility
• Serving People who are registered sex offenders
• Housing Focus
• When New Guests Arrive – a) diversion, b) intake, c) orientation to complex and services, d) housing plan.
• Returning and Perpetual Guests – a) early access b) housing plan • Voluntary Labor – participants may not perform any duty that an employee is paid to complete or a task where one would reasonably expect employment law to apply (for example – a guest may not clean floors, do laundry, take out trash, etc., where there is the possibility of what may construed as a workplace injury).
Version as of May 29, 2025
• Establishing Expectations While in Shelter
• Assigning a Bed
• Meals – at least two per day – breakfast and dinner
• Medications
• Cigarette/Outdoor Breaks
• Guest Belongings
• Dogs / Companion Animals, including limiting number of animals per guest
• Mail
• Harm Reduction Strategies
• Engagement & Communication
• Shelter Guest Meetings
• De-escalation of Conflict
• Illness and Death of Guests
• Homeless Management Information System
I. INSURANCE AND INDEMNIFICATION
Insurance Requirements
Third-Party Service Provider, at Provider’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies.
1. Workers' Compensation Insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.
2. Commercial General Liability Insurance, in an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence, combined single limit, written on an occurrence form.
3. Comprehensive Auto Liability coverage, including (as applicable) owned, nonowned and hired autos in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form.
4. The City of Tulare City Manager is hereby authorized to adjust the requirements set forth above in the event he/she determines that such adjustment is in the City’s best interest.
If Third-Party Service Provider maintains higher limitsthan the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Provider.
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
Indemnification. To the fullest extent allowable by law, Third-Party Service Provider agrees to indemnify, defend and hold harmless the City and Tulare County, its officials, officers, employees, agents and volunteers from and against all claims, demands, Version as of May 29, 2025
actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which City and Tulare County or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or are in any way related to Provider’s or its owners, directors, officers, managers, employees, agents and subcontractor’s willful or negligent acts or omissions in the performance of the services and Providers responsibilities and obligations to be performed under this agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this agreement; excluding, however, such liability, claims, losses, damages or expenses arising from City’s or Tulare County’s sole or active negligence or willful acts. This duty to indemnify, defend, and hold harmless shall survive the termination of this agreement. If Provider maintains additional coverage or higher limits than those required herein, then City and Tulare County shall be entitled to additional coverage or higher limits maintained by Provider.
J. MISCELLANEOUS
The Third-Party Service Provider will need to conduct a biannual report to the Tulare City Council.
Version as of May 29, 2025
Exhibit “A”
Ground Lease between the County of Tulare and City of Tulare
Term: July 1, 2025 to June 30, 2026
Funding Source: General Fund (incl. Measure Y), CDBG, BHBH*, Housing Successor* Program Component: Operational Budget Estimate
Assumption of the emergency shelter opening in March 2026 Sources Total Amount
Available Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Apr-26 May-26 Jun-26 City - General Fund $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - City - Measure Y $ 900,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 Federal Grant - Community Development Block Grant
(CDBG) 2025 $ 106,000.00 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 $ 8,833.33 State / County Grant - Behavioral Health Bridge Housing (BHBH) 2025-2026 $ 365,377.50 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 $ 30,448.13 City Grant Fund - Housing Successor $ 125,000.00 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ 10,416.67 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Total: $ 1,496,377.50 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 $ 124,698.13 Classification Monthly Cost Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Apr-26 May-26 Jun-26 Personnel - Emergency Shelter Director (1.0) FTE
$ 8,800.00
$ 8,800.00 $ 8,800.00 $ 8,800.00 $ 8,800.00 $ 8,800.00 $ 8,800.00 $ 8,800.00 $ 8,800.00 $ 8,800.00 Personnel - Emergency Shelter Manager (1.0) FTE
$ 6,080.00
$ 6,080.00 $ 6,080.00 $ 6,080.00 $ 6,080.00 $ 6,080.00 $ 6,080.00 $ 6,080.00 Personnel - Shelter Coordinators (2.0) FTE - Intake &
Programs $ 9,600.00
$ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 4,800.00 $ 57,600.00 $ 115,200.00
Personnel - Shelter Attendants (2.0) FTE - Shelter Operations - Logistics $ 9,600.00
$ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 Personnel - Food Services Manager (1.0) FTE
$ 5,280.00
$ 5,280.00 $ 5,280.00 $ 5,280.00 $ 5,280.00 $ 5,280.00
$ 63,360.00
Personnel - Food Services Assistants (2.0) FTE
$ 7,040.00
$ 7,040.00 $ 7,040.00 $ 7,040.00 $ 7,040.00 $ 7,040.00
$ 84,480.00 $ 28,160.00
Personnel - Case Managers / Housing Navigators (2.0) FTE $ 9,600.00
$ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 9,600.00 $ 115,200.00 $ 57,600.00
Personnel - Facility Maintenance Technicians (1.0) FTE
$ 3,520.00
$ 3,520.00 $ 3,520.00 $ 3,520.00 $ 3,520.00 $ 3,520.00
$ 42,240.00
Personnel - Administrative Support Technicians (2.0) FTE $ 7,040.00
$ 7,040.00 $ 7,040.00 $ 7,040.00 $ 7,040.00 $ 7,040.00
$ 3,520.00 $ 42,240.00
Subtotal - (14.0) FTE with Primary Service Provider /
Shelter Operator $ 66,560.00
Operating - Insurance (Primary Service Provider / Operator) $ 2,916.67 $ 2,916.67 $ 2,916.67 $ 2,916.67 $ 2,916.67 $ 2,916.67 Operating - Utilities (eletricial, waste, sewer, water) $ 13,333.33 $ 13,333.33 $ 13,333.33 $ 13,333.33 $ 13,333.33 $ 13,333.33 Tulare Emergency Shelter Campus
12 Month Operating Pro-Forma and FY 2025-2026 Estimates Notes:
$63,360 salary / benefits; Assumption of hiring
food service staff at least 1 month before
opening
$42,240 salary per FTE; Assumption of firding
food service staff at least 1 month before
opening
$57,600 salary / benefits; Assumption of hiring
program staff at least 1-2 months before
opening
$42,240 salary; Assumption of hiring facility
and administrative support staff 1 month
before opening
$42,240 salary per FTE; Assumption of hiring
facility and administrative support staff 1
month before opening
NOTES
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on City recreational facilities -
Community Services Dept.
Obligation of General Fund, such as reserve, to
be determined
FY 2025 and FY 2026 anticipated revenue to be
determined
Source tied to supportive services and specific
number of interim housing beds; Not general
operating costs; Contingent on County
approval of an eligible plan for funds
FY 2025 and FY 2026 anticipated revenue to be
determined; A cap exists on amount of funds
obligated to non-affordable housing
development activities
NOTES
$105,600 salary / benefits; Assumption of
hiring management months ahead of planned
opening
$72,960 salary / benefits; Assumption of hiring
management months ahead of planned
opening
$57,600 salary / benefits; Assumption of hiring
program staff at least 1-2 months before
opening
$57,600 salary / benefits; Assumption of hiring
program staff at least 1-2 months before
opening
Permits / Licences $ 83.33 $ 83.33 $ 83.33 $ 83.33 $ 83.33 $ 83.33 Phone, Internet, Software, and Related Equipment $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 Animal Services, Supplies, and Maintenance $ 14,583.33 $ 14,583.33 $ 14,583.33 $ 14,583.33 $ 14,583.33 $ 14,583.33 Laundry Service, Supplies, and Maintenance $ 10,833.33 $ 10,833.33 $ 10,833.33 $ 10,833.33 $ 10,833.33 $ 10,833.33 Daily Maintenance Costs and Cleaning Supplies $ 6,250.00 $ 6,250.00 $ 6,250.00 $ 6,250.00 $ 6,250.00 $ 6,250.00 Office Supplies, Equipment, and Uniforms $ 4,166.67 $ 4,166.67 $ 4,166.67 $ 4,166.67 $ 4,166.67 $ 4,166.67 Shelter Van, Maintenance, Fuel, and Insurance $ 6,250.00 $ 6,250.00 $ 6,250.00 $ 6,250.00 $ 6,250.00 $ 6,250.00 Security Operations - Incl. guard(s), cameras, metal
detector, and related software $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 Professional Services and Training $ 3,333.33 $ 3,333.33 $ 3,333.33 $ 3,333.33 $ 3,333.33 $ 3,333.33 Production of Food and Beverages $ 62,500.00 $ 62,500.00 $ 62,500.00 $ 62,500.00 $ 62,500.00 $ 62,500.00 Kitchen Supplies and Other Non-Perishable Food Items $ 5,833.33 $ 5,833.33 $ 5,833.33 $ 5,833.33 $ 5,833.33 $ 5,833.33 Kitchen Maintenance and Cleaning (Labor & Supplies) $ 4,166.67 $ 4,166.67 $ 4,166.67 $ 4,166.67 $ 4,166.67 $ 4,166.67 Hygiene (Bathrooms / Showers) Supplies and Maintenance $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 Pest Control $ 416.67 $ 416.67 $ 416.67 $ 416.67 $ 416.67 $ 416.67 Landscaping $ 208.33 $ 208.33 $ 208.33 $ 208.33 $ 208.33 $ 208.33 Capital Maintenance - all buildings and systems $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 Subtotal - Operating Costs $ 154,875.00
Total Monthly Expenses $ 221,435.00 $0.0 $0.0 $0.0 $8,800.0 $8,800.0 $14,880.0 $43,680.0 $221,435.0 $221,435.0 $221,435.0 $221,435.0 $221,435.0 Total Annual Expenses $ 2,657,220.00
Approximate Unfunded Balance - 12-Months of Expenses $ (1,160,842.50) *Total estimated revenue subracted by total expenses in a 12-month period Approximate Unfunded Balance - FY 2025-2026 Only $ (283,335.00) *Only Measure Y revenue (excluding grant revenue given their specific use and pending approval) subtracted by only projected expenses from October 2025 to June 2026 Estimate based on City Animal Shelter /
Services - Community Services Dept.; includes
range of basic veterinarian treatment for all
Estimate involves a commercial kitchen and
associated regular maintenance, supplies,
and biannual third-party deep cleaning
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate involves a commercial kitchen and
per meal cost based on City's senior service
lunch program; Includes 2 meals daily,
snacks, and drinks
Estimate derived from City's senior lunch
program, includes kitchen equipment,
utensils, food containers, cutlery, and food
pantry items
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on a third-party laundry
service for all linens, towels, and uniforms;
Includes supplies and maintenance costs for
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on vehicle purchase (10+
passenger van), insurance, fuel, and
maintenance costs
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Estimate based on cost information from other
emergency shelter projects (100-150 guests)
Staff Report
Meeting: City Council
Date: June 17, 2025
Department: City Manager
Submitted by: Thomas W. Gaffery IV, Assistant City Manager Agenda Title: Tulare Avenue and Oakmore Street Intersection Deferred Improvement Agreement
RECOMMENDED ACTION
Consider a Deferred Improvement Agreement with developer of the Fulton Estates project at the southwest corner of Tulare Avenue (SR-137) and Oakmore Street.
SUMMARY
October 2022 Map Approval and Traffic Study Requirement On October 24, 2022, the Planning Commission adopted Resolution 5435 approving the tentative subdivision map for Fulton Estates. As part of the entitlement process, a traffic impact study (TIS) was prepared. Intersection improvements were determined to be necessary in conjunction with any project phase that constructed a roadway connection to Oakmore Street, thereby resulting in a direct impact to the intersection. Accordingly, the Engineering Department’s conditions of approval for the Fulton Estates subdivision required the following:
“a) No certificates of occupancy shall be issued for either Phase 2 or Phase 3 of the proposed project prior to completion of intersection improvements at Tulare Avenue and Oakmore Street.
An Intersection Control Evaluation (ICE) study subject to the review and approval of Caltrans is required to determine what those improvements will be.” The Caltrans ICE process has since been replaced by the “Intersection Safety and Operational Assessment Process” (ISOAP).
January 2025 Potential Oakmore Street Realignment
On January 21, 2025, staff made a presentation to City Council regarding planned transportation improvements in southeast Tulare. Staff identified an alternative to realign the Oakmore Street major arterial corridor eastward to intersect State Route 137 at the Road 126 alignment. In recent discussions with Caltrans regarding the Fulton Estates ISOAP, they agreed in principle that this was an option they would consider. They further agreed that knowing that such a realignment was planned could impact the scale of the improvements they would analyze in the ISOAP.
April 2025 Developer Request
At the April 1, 2025 City Council meeting, staff sought direction on a request from the developer. The Developer is concerned that the time required to complete an ISOAP will impact their ability to move forward with Phase 2 of the Fulton Estates subdivision, which would create a roadway connection to Oakmore Street. The request included certain improvements to SR-137 (Tulare Avenue), Oakmore Street, temporary egress traffic controls from the new development, and funding for the ISOAP study.
Staff provided information on the ISOAP process, Caltrans’ ultimate authority on determining the required improvements on SR-137, financial risk to the City in the event Caltrans’ required improvements are beyond those the developer has currently agreed to, and liability risk to the City if Certificates of Occupancy are issued prior to the completion of roadway improvements identified in the ISOAP.
Based on the discussions from the April 1, 2025 City Council meeting, staff were directed to work with the developer on a proposed Agreement and return to Council.
Item #: 9.2
General Business
At the June 3, 2025 City Council meeting, an agreement was provided and staff were given additional direction. The item was continued to a subsequent meeting. The final agreement terms are being finalized and will include a pledge of property as collateral to secure performance for the improvements (which will be identified in the ISOAP), as well as a $500,000 guarantee from the developer. In addition, depending on the improvements identified in the ISOAP, the developer would be eligible for a fair share reimbursement agreement on those improvements.
FISCAL IMPACT & FUNDING SOURCES
Fiscal impact has yet to be determined.
LEGAL REVIEW
The Agreement has been reviewed by the City Attorney’s Office. A copy of the agreement will be provided to the Council at the meeting.
ALTERNATIVE ACTION
1. Approve with changes
2. Provide staff direction
3. Deny
4. Table
ATTACHMENTS
None
Reviewed/Approved: