Agenda packet — Tulare City Council, June 17, 2025 (part 1 of 3)

City of Tulare Page 1 of 4
Tulare Public Library & Council Chamber Tuesday, June 17, 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.

City Councilmembers
Patrick Isherwood, Mayor
Steve Harrell, Vice Mayor
Jose Sigala
Terry A. Sayre
City Council Meeting Notice & Agenda Dennis A. Mederos
City Council Meeting Agenda Tuesday, June 17, 2025
City of Tulare Page 2 of 4

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION

3. PROCLAMATIONS & RECOGNITIONS

3.1 Proclamation for Parks and Recreation Month – July 2025.

4. PUBLIC COMMENT - Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from acting on any matter not on the agenda; however, your comments may be referred to staff for follow up. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing and General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, public comment is limited to a total of fifteen minutes with each speaker allowed three minutes, unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

5. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting.

6. COUNCIL REPORTS AND ITEMS OF INTEREST

6.1 July 1 Council meeting canceled.

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

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

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

7.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of June 3, 2025. [M. Hermann]

7.3 Second Reading and Adoption of Ordinance 2025-07.

7.4 Second Reading and Adoption of Ordinance 2025-08.

7.5 Landscape Maintenance Assessments for Fiscal Year 2026.

Recommended Action: Adopt a resolution to set July 15, 2025 as the public hearing date to adopt landscape maintenance assessments for Fiscal Year 2026. [M. Miller] City Council Meeting Agenda Tuesday, June 17, 2025
City of Tulare Page 3 of 4

7.6 Full Reconveyance for Tulare Local Healthcare District Properties.

7.7 Economic Development Updates.

Recommended Action: Receive an update on the economic development activity in the City of Tulare. [J. Gomez]

7.8 Community Choice Aggregation.

Recommended Action: Receive a report and staff recommendation on Community Choice Aggregation (CCA) electric utility services. [T. Gaffery]

7.9 City of Tulare Merit System Rules and Regulations Amendment.

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

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

8.1 Parking and Business Improvement Area Report and Annual Assessments.

Recommended Action: Conduct a public hearing and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement Area Annual Assessments for Fiscal Year 2026. [M.

Roberts]

8.2 Adoption of City of Tulare Fiscal Year 2026 Budget.

Recommended Action: 1) Adopt a resolution approving and adopting the City of Tulare Fiscal Year 2026 Budget totaling $177,938,330, including a General Fund operating budget where revenues plus operating transfers in equal expenditures plus operating transfers out; approving several additional capital improvement projects totaling $1,500,000 using available unassigned General Fund fund balance, establishing the appropriations therefor, and authorizing the City Manager to approve the necessary interfund transfers; establishing a Workers’ Compensation reserve/committed fund balance with initial funding of $2,000,000 from available Workers’ Compensation fund balance; and adopting the Fiscal Year 2026-2030 Capital Improvement Program; 2) Adopt a resolution approving and adopting the Fiscal Year 2026 Position Control Budget and fixing the rate of compensation of regular full-time and part-time employees, councilmembers, and seasonal/temporary employees; 3) Adopt a resolution establishing the appropriations limit for fiscal year 2026; and 4) Adopt the updated Strategic Plan. [M. Roberts] City Council Meeting Agenda Tuesday, June 17, 2025
City of Tulare Page 4 of 4

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

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

9.1 Emergency Shelter Operator Term Sheet & Preliminary Operating Budget.

Recommended Action: Review and approve a term sheet and accompanying preliminary operating budget, precedent to entering into a final and comprehensive service agreement with Lighthouse Rescue Mission regarding the City’s emergency shelter project. [M. Anaya; M.

Correa]

9.2 Tulare Avenue and Oakmore Street Intersection Deferred Improvement Agreement.

Recommended Action: Consider a Deferred Improvement Agreement with the developer of the Fulton Estates project at the southwest corner of Tulare Avenue (SR-137) and Oakmore Street. [T. Gaffery]

10. FUTURE AGENDA ITEMS - NONE SUBMITTED

11. STAFF UPDATES

12. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, July 15, 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, June 13, 2025 Melissa Hermann, Chief Deputy City Clerk Office of the City Manager
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
To: Mayor and City Councilmembers
From: Marc Mondell, City Manager
Subject: June 17, 2025 Agenda Memo
Date: June 13, 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

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

3.1 Proclamation for Parks and Recreation Month – July 2025.

5. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council Meeting to be considered for this section of the agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 7:30 p.m.]

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:30 p.m.]

6.1 July 1 Council meeting canceled.

Tulare City Council Meeting Page 2 of 11
Agenda Memo - June 17, 2025

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 June 3, 2025. [M. Hermann]

7.3 Second Reading and Adoption of Ordinance 2025-07.

Recommended Action: Adopt Ordinance 2025-07 designating the Tulare Elks Building as a City of Tulare Historic-Cultural Landmark and adding it to the Local Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38. [M. Anaya] Summary: This is a request by MJL Investment Company to designate the Tulare Elks Building as a City of Tulare Historic-Cultural Landmark and add it to the Local Register of HistoricCultural Landmarks.

The project site is located at 124 East Kern Avenue (176-081-013). The subject property is zoned Retail Commercial (C-3), and the General Plan Designation is Central Business District.

Section 10.38 of the updated City of Tulare Zoning Ordinance includes standards to preserve, promote, and enhance the Historic-Cultural Landmarks and designated historic districts of the city for the educational, cultural, economic, and general welfare of the public. The purpose of the zone amendment would be to designate the Tulare Elks Building as a local Historic-Cultural Landmark and apply the Historic-Cultural Landmark Overlay Zone to the property.

Once a building, structure, object, site, or district is designated as a Historic-Cultural Landmark it will enable the Historic-Cultural Landmarks Advisory Committee, the Planning Commission, and the City Council, to work with property owners and the community to protect and review changes to these local landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this City, State, and nation. This would assist in implementing the Tulare General Plan’s goals and vision with respect to the following:
• To continue to safeguard the heritage of this city by preserving and regulating its historic buildings, structures, objects, sites, and districts which reflect elements of the City’s historic, cultural, social, economic, political and architectural history • To continue to preserve and enhance the environmental quality and safety of these landmarks and districts.
• To continue to establish, stabilize and improve property values and to foster economic development.

At its May 12, 2025, meeting, the City of Tulare Planning Commission voted 3-0 with 1 recused to recommend the designation of the Tulare Elks Building as a Historic-Cultural Landmark due to its architectural significance, association with important historical events and persons, as well as the important role the building has played in the history and cultural heritage of Tulare.

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Agenda Memo - June 17, 2025
On June 3, 2025, the Council passed to print the proposed ordinance. It is now being presented for second reading and adoption.

ENVIRONMENTAL: The proposed designation of the property as a local historic-cultural landmark and zone amendment to apply the Historic-Cultural Landmark Overlay Zone is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Section 15183.

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. If the ordinance is not adopted, the Tulare Elks Building would not be designated as a local Tulare Historical-Cultural Landmark.

7.4 Second Reading and Adoption of Ordinance 2025-08.

Recommended Action: Adopt Ordinance 2025-08 designating the Tulare Union High School Campus, Buildings, Olympic Cauldron, Football/Track Stadium, and Community Auditorium as City of Tulare Historic-Cultural Landmarks and adding them to the Local Register of HistoricCultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38. [M. Anaya] Summary: This is a request by the Tulare Joint Union High School District to designate the Tulare Union High School Campus, Buildings, Olympic Cauldron, Football/Track Stadium and Community Auditorium as City of Tulare Historic-Cultural Landmarks and add them to the Local Register of Historic-Cultural Landmarks.

The project site is located at 755 East Tulare Avenue and consists of three parcels 176-134- 001, 176-143-001, and 176-154-001. The subject property is zoned Public Lands (PL), and the General Plan Designation is Public/Quasi-Public.

Section 10.38 of the updated City of Tulare Zoning Ordinance includes standards to preserve, promote, and enhance the Historic-Cultural Landmarks and designated historic districts of the city for the educational, cultural, economic, and general welfare of the public. The purpose of the zone amendment would be to designate the Tulare Union High School Campus, Buildings, Olympic Cauldron, Football/Track Stadium and Community Auditorium as local Historic-Cultural Landmarks and apply the Historic-Cultural Landmark Overlay Zone to the property.

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Agenda Memo - June 17, 2025
• To continue to establish, stabilize and improve property values and to foster economic development.

At its May 12, 2025, meeting, the City of Tulare Planning Commission voted 4-0 to recommend designation of the Tulare Union High School Campus, Buildings, Olympic Cauldron, Football/Track Stadium and Community Auditorium as Historic-Cultural Landmarks due to its architectural significance, association with important historical events and persons, as well as the important role the campus and has played in the history and cultural heritage of Tulare.

On June 3, 2025, the Council passed to print the proposed ordinance. It is now being presented for second reading and adoption.

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. If the ordinance is not adopted, the Tulare Union High School Campus, Buildings, Olympic Cauldron, Football/Track Stadium and Community Auditorium would not be designated as local Tulare Historical-Cultural Landmarks.

7.5 Landscape Maintenance Assessments for Fiscal Year 2026.

Recommended Action: Adopt a resolution to set July 15, 2025 as the public hearing date to adopt landscape maintenance assessments for Fiscal Year 2026. [M. Miller] Summary: The City is required to adopt a resolution of intention to set a public hearing date to establish landscape maintenance assessments for Fiscal Year 2026. The attached resolution of intention serves as the public notice and is published in the local newspaper.

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 - Staff will make any requested revisions to the draft Resolution of Intention; 2) Deny - Not an option. Adoption of a Resolution of Intention and subsequent public hearing are legally required steps in accordance with the Landscaping and Lighting Act of 1972 for establishing assessments for the coming fiscal year; or 3) Table - Assessments for the coming fiscal year must be adopted by Council and provided to the Tulare County Tax Collector’s office by August 12. To provide sufficient time for the City to complete the assessment adoption process by the August 12, 2025 deadline, it is recommended that this item not be tabled.

7.6 Full Reconveyance for Tulare Local Healthcare District Properties.

Recommended Action: Authorize the mayor to sign a substitution of trustee and full reconveyance releasing the City’s rights and interests for APNs 171-300-015, 170-092-003, 170-072-020 (3 separate portions), 170-322-034 (2 separate portions), 170-072-002, and 170- 322-020, properties owned by the Tulare Local Healthcare District for which were held as Tulare City Council Meeting Page 5 of 11
Agenda Memo - June 17, 2025
security for the line of credit issued in 2019 as represented in the recorded Short Form Deed of Trust and Assignment of Rents. [M. Zamora]
Summary: On February 19, 2019, the City entered into a Debtor-in-Possession Credit Agreement (Agreement) with the Tulare Local Healthcare District (District), providing a revolving credit in an amount not to exceed $9 million. Pursuant to the Agreement, no funds can be lent following 36 months after the effective date; therefore, the District was able to borrow funds until February 19, 2022.

To secure the loan, the City had first deeds of trust placed on all available District properties, excluding the hospital itself, placed at a total appraised value of approximately $14 million.

On November 19, 2019, the City Council authorized the release of lien on what are considered the Cottage Properties (properties surrounding the hospital). The District had secured a buyer for these properties which, in order to sell, the District needed the City to release these properties from the original deed of trust. The net proceeds from the sale of the Cottage Properties were used as payment against the City’s line of credit.

On June 3, 2025, the City Council authorized the release of lien for APN 170-340-038 as the District is in the process of selling this parcel.

During the term of the loan, the District borrowed a total of $8,100,000 which has been paid in full. The District has reached out to the City to request release of lien of the remaining parcels, APNS 171-300-015, 170-092-003, 170-072-020 (3 separate portions), 170-322-034 (2 separate portions), 170-072-002, and 170-322-020.

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

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

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

7.7 Economic Development Updates.

Recommended Action: Receive an update on the economic development activity in the City of Tulare. [J. Gomez]
Summary: Attached is the May 2025 Economic Development Bulletin identifying activities and projects that took place in the previous month highlighting four elements of economic development. The number of building permits issued pertaining to residential and commercial improvements along with the total value of those improvements are referenced. The City of Tulare continues to thrive as seen by the number of business licenses that were issued for either new businesses, change of ownership, or businesses that failed to have a business license previously. Active projects are also referenced that will have an impact on economic development. Lastly, a list of projects that have been submitted to the City and have begun the Site Plan Review process are listed for your reference.

This is an informational item only and does not require any action by the City Council. Staff will provide monthly updates to show recent activities and developments. Quarterly presentations will also be given to highlight progress on significant projects.

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

Legal Review: This item does not require legal review.

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Agenda Memo - June 17, 2025
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

7.8 Community Choice Aggregation.

Recommended Action: Receive a report and staff recommendation on Community Choice Aggregation (CCA) electric utility services. [T. Gaffery] Summary: Background and Staff Direction
At its February 20, 2024 meeting, Council received a presentation regarding Community Choice Aggregation (CCA). At that meeting, staff received direction to conduct an assessment of CCA options and return to Council with a recommendation.

What is the purpose of and what are the benefits of a CCA? CCAs allow for more direct local involvement in energy generation. This has generally led to communities pursuing more renewable energy sources, purchasing more locally generated renewable energy, and incentivizing local solar energy production.

CCAs have an incentive to negotiate low-cost purchase contracts with electric providers to maintain customers. They may also benefit from the long-term power purchase agreements that many IOUs are locked into and may be able to purchase energy on the short-term market at a cheaper rate. Finally, CCAs also benefit from being not-for-profit, as opposed to IOUs focus on shareholder value.

CCAs must also pay IOUs a Power Charge Indifference Adjustment (PCIA) which covers costs incurred by the IOU prior to a customer’s departure to a CCA. The UCLA Luskin Center of Public Affairs noted a “lack of transparency in the methodology of calculating the PCIA…” The volatile cost of PCIAs paid by CCAs to IOUs, and the confusing nature of PCIAs, has resulted in consumers being confused and turned-off to joining a CCA. If a CCA were to negotiate a PCIA that was unfavorable to the CCA, it could erode the cost savings to CCA ratepayers.

With the evolving nature of CCAs, continued advancements in renewable/clean energy, evolving State and Federal regulations, climate change, rising energy rates, and poor public perception of the California Public Utilities Commission, there are many unknown factors that would impact the effectiveness of a new CCA and whether it could result in savings to ratepayers.

In January 2025, the Legislature Analyst’s Office released a report entitled “Assessing California’s Climate Policies–Residential Electricity Rates in California.” This report addressed IOUs, CCAs, and Publicly Owned Utilities (POUs). The report showed California residents with the lowest electric utility rates are those supplied by POUs like the Merced Irrigation District, or the Los Angeles Department of Water and Power.

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Agenda Memo - June 17, 2025
Staff Conclusion
Pursuing a CCA would not necessarily result in cost savings to residents.

Staff Recommendation
Staff will continue to monitor the CCA regulatory environment. Staff will also continue to actively engage with the City’s lobbyist to support and advocate for legislation that will result in electric cost savings to residents, consistent with Council Policy.

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

Legal Review: This item does not require legal review.

Alternative Action: 1) Provide other staff direction; or 2) Continue the item to a future meeting.

7.9 City of Tulare Merit System Rules and Regulations Amendment.

Recommended Action: Adopt a resolution amending the City of Tulare Merit System Rules and Regulations, Section 431, Department Head Performance Incentive Program and Section 809, Management Leave. [S. Oneal; M. Zamora]
Summary: The City Council of the City of Tulare is authorized to approve amendments to the City of Tulare’s Merit System Rules and Regulations. Staff has identified recommended amendments to Section 431 and 809.
• Section 431 Department Head Bonus Program: This section authorizes the City Manager to award bonuses to department heads for special meritorious performance, with the funding determined annually by City Council each year. This program has not been used under the current City Manager’s administration. There is a desire to amend this program to provide additional criteria that include individual limits, eligibility, and payment options. These revisions will enable the City Manager to acknowledge meritorious performance of the Department Head group in a manner that values their contributions, thereby assisting in the retention and recognition of those who exceed expectations in delivering services to the Community.
• Section 809 Management Leave, Paragraph b: This section currently grants all nonsworn management sixty-four (64) hours of management per year, which cannot be carried over year to year. On October 16, 2024, City Council authorized an agreement with the Middle Management to allow the automatic cash out of up to 32 hours per fiscal year automatically processed the first paycheck in July. The suggested amendment to this section reflects this change.

Fiscal Impact & Funding Source(s): The total fiscal impact will be assessed annually during the City’s budget adoption process. The total amount will be determined by the City Council and included in the yearly budget.

Legal Review: The City Attorney has reviewed this item.

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

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Agenda Memo - June 17, 2025

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 7:45 p.m.]

8.1 Parking and Business Improvement Area Report and Annual Assessments.

Roberts]
Summary: Tulare Municipal Code Section 8.48.080 requires the Advisory Board of the Parking and Business Improvement Area, the Tulare Downtown Association, to prepare a report for each fiscal year for which assessments are to be levied and collected to pay the cost of the improvements and activities described in the report. A report was presented and approved by the City Council on June 3, 2025. A public hearing was set for June 17, 2025 to confirm the report and levy assessments for Fiscal Year 2026.

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

Legal Review: This item does not require legal review.

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

8.2 Adoption of City of Tulare Fiscal Year 2026 Budget.

Recommended Action: 1) Adopt a resolution approving and adopting the City of Tulare Fiscal Year 2026 Budget totaling $177,938,330, including a General Fund operating budget where revenues plus operating transfers in equal expenditures plus operating transfers out; approving several additional capital improvement projects totaling $1,500,000 using available unassigned General Fund fund balance, establishing the appropriations therefor, and authorizing the City Manager to approve the necessary interfund transfers; establishing a Workers’ Compensation reserve/committed fund balance with initial funding of $2,000,000 from available Workers’ Compensation fund balance; and adopting the Fiscal Year 2026-2030 Capital Improvement Program; 2) Adopt a resolution approving and adopting the Fiscal Year 2026 Position Control Budget and fixing the rate of compensation of regular full-time and part-time employees, councilmembers, and seasonal/temporary employees; 3) Adopt a resolution establishing the appropriations limit for fiscal year 2026; and 4) Adopt the updated Strategic Plan. [M. Roberts; M. Mondell]
Summary: City staff presented the City of Tulare fiscal year 2026 preliminary budget to City Council at three separate workshops on May 6, May 20, and June 3, 2025. Following direction from Council regarding changes to the preliminary budget, staff presents the City of Tulare Fiscal Year 2026 Proposed Budget (including the Personnel Control Budget) for adoption. The table below is a summary of the General Fund, the City’s primary operating fund.

Total Budget – All Funds
Anticipated Revenues $ 190,650,342
Estimated Expenditures 177,938,330
General Fund
Estimated Revenues $ 73,269,989
Estimated Transfers In 58,370
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Agenda Memo - June 17, 2025
Proposed Expenditures 69,813,692
Proposed Transfers Out 3,514,667
Projected Surplus / (Use) of Fund Balance $ 0
At a special meeting on May 19, 2025, staff presented the Fiscal Year 2026 Municipal Utilities Preliminary Budget to the City of Tulare Board of Public Utilities Commissioners (BPU). The BPU Fiscal Year 2026 Municipal Utilities Proposed Budget was adopted by the BPU on June 5, 2025.

Capital projects to be funded by the City’s General Fund are also hereby presented for approval, as well as the City’s Fiscal Year 2026-2030 Capital Improvement Program. Costs of projects Pursuant to Article XIIIB of the California Constitution, the Council must approve establishment of the City’s appropriations limit prior to the beginning of each fiscal year. The appropriations limit, which became effective following passage of Propositions 13 and 4 by California voters in 1978 and 1979, respectively, places a limit on the growth of local government spending by capping revenue that can be appropriated in any given fiscal year. The City’s limit is calculated by adjusting its prior year’s limit on the basis of changes in population and per capita personal income. The City’s proposed fiscal year 2026 appropriations are within its appropriations limit, thereby meeting the Article XIIIB requirement.

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.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:30 p.m.]

9.1 Emergency Shelter Operator Term Sheet & Preliminary Operating Budget.

Correa]
Summary: On September 17, 2024, the City Council awarded a contract to construct the emergency shelter campus (shelter) which is anticipated to be completed in early 2026.

City staff held work sessions and collaborated with the proposed primary service provider for the shelter, the Lighthouse Rescue Mission, to prepare these draft terms and a preliminary budget estimate for this public facility. The term sheet largely identifies and explains the roles and responsibilities of the parties to operate the shelter, namely the Lighthouse Rescue Mission in partnership with City of Tulare. It is likely that additional third-party public agencies and/or community-based organizations will form agreements with the City of Tulare and provide different services for guests of the shelter than those duties of the proposed primary service provider/operator, the Lighthouse Rescue Mission.

The preliminary budget incorporates cost estimates from comparable emergency shelter projects as well as unique estimates from local public facilities and programs. The preliminary Tulare City Council Meeting Page 10 of 11
Agenda Memo - June 17, 2025
budget accounts for a twelve-month period beginning in the upcoming fiscal year and subsequent fiscal year, though the sequence and anticipating expenses and revenue are tentative and subject to change. City staff have and will continue to work with the primary service provider/operator for the shelter to refine an operating budget and minimize line-item expenses where feasible. For the purpose of future budget planning, this preliminary budget estimate should help inform cost and revenue projections for the start of the shelter in the coming fiscal year.

Upon approval of the term sheet and preliminary budget, the General Services Department (currently the Office of Safety, Compliance & Facilities) will lead all planning efforts and work with an approved primary service provider/operator on a final and comprehensive agreement, as well as refine the shelter’s operating budget. The City Council will receive and consider a final and comprehensive primary service provider/operator agreement and operating budget by the second quarter of the coming fiscal year.

Fiscal Impact & Funding Source(s): The General Services Department, in conjunction with City Management and the shelter’s operator, may refine the preliminary budget as necessary to adjust the fiscal impact.

As presented, approval of the term sheet and preliminary budget will authorize allocation of up to $1,160,843 from the City’s General Fund for shelter expenses over a twelve-month period.

Obligation and expenses for the first year of shelter operations will begin in the next fiscal year (2026) and continue into fiscal year 2027.

Legal Review: The City Attorney’s Office reviewed the draft term sheet. The term sheet presented to the City Council is consistent with the recommendations received from the City Attorney.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the emergency shelter operator terms sheet is not approved, then City staff and the proposed primary service provider/operator (Lighthouse Rescue Mission) may pause planning efforts and delay the execution of a final and comprehensive shelter operator agreement and revised budget.

9.2 Tulare Avenue and Oakmore Street Intersection Deferred Improvement Agreement.

Recommended Action: Consider a Deferred Improvement Agreement with the developer of the Fulton Estates project at the southwest corner of Tulare Avenue (SR-137) and Oakmore Street. [T. Gaffery]
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).

Tulare City Council Meeting Page 11 of 11
Agenda Memo - June 17, 2025
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.

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 Source(s): 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; or 4) Table.

10. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 9:45 p.m.]

11. STAFF UPDATES [Time Estimate: 9:45 p.m.]

12. ADJOURNMENT [Time Estimate: 9:50 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, July 15, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.
a
WHEREAS, parks and recreation are an integral part of communities throughout this country, including the City of Tulare; and
WHEREAS, parks and recreation promote health and wellness, improving the physical and mental health of people who live near parks; and
WHEREAS, parks and recreation promote time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer's; and
WHEREAS, parks and recreation encourage physical activities by providing space for popular sports, hiking trails, swimming pools, and many other activities designed to promote active lifestyles; and WHEREAS, parks and recreation programming and education activities, such as out-of-school time programming, youth sports, and environmentaleducation, are criticalto childhood development; and Whereas, parks and recreation increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and
WHEREAS, the City Council recognizes the benefits derived from parks and recreation resources and expresses appreciation for the hard work and dedication of the City of Tulare Parks and Recreation who maintain approximately 20 parks, including the Santa Fe Trail, skate park, and sports parks, and by providing many recreational activities for all ages.

NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim the month of July 2025 as
Parks and Recreation Month
in the City of Tulare and encourage all residents to support the effort to create a more active and healthy community through the programs otfered by Tulare Parks & Recreation.

Dated this 17th day of June 2025
Na,w,i, fr. il.qtfu^ou
Dennis A. Mederos, Councilmember
City of Tulare Page 1 of 6

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, June 3, 2025
5:00 p.m. Special Meeting
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

COUNCIL PRESENT: Mayor Patrick Isherwood
Vice Mayor Steve Harrell
Councilmember Jose Sigala
Councilmember Terry A. Sayre
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Thomas W. Gaffery IV; 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; Executive Director of Economic Development & Redevelopment Jennifer Gomez; Office of Safety, Compliance & Facilities Officer Manny Correa

1. CALL TO ORDER
Mayor Isherwood called to order the special meeting of the Tulare City Council at 5:14 p.m. in the Council Chamber located at 491 North M Street.

2. STUDY SESSION

2.1 Fiscal Year 2026 Preliminary Budget Review.

Recommended Action: Review the City of Tulare Fiscal Year 2026 Preliminary Budget and provide direction thereto.

Presented By: City Manager Marc Mondell, Chief Financial Officer Mark Roberts, Finance Budget Manager Jacob Del Cid
Public Comment: There were no public comments.

Council Action: Vice Mayor Harrell and Councilmember Sigala requested to add Fire Station 64 to the projects list. City Manager Marc Mondell agreed to add this to the list of future projects. Councilmember Mederos inquired about the Women’s Clubhouse project.

City Manager Marc Mondell stated that the total presented on the list includes funds for the property acquisition of both the Women’s Clubhouse location and Rotary Skate Park location. It was the consensus of Council to maintain the budget for the Women’s Clubhouse item for the land acquisition. It was the consensus of Council to label the following projects as top priority: Old Library Building Demolition, ADA Compliance Upgrades – City Facilities, Annual Transportation – Pavement Management, Annual Transportation – Maintenance, Corporation Yard Master Plan, City Wayfinding Improvements, Centennial Parking Lot, Station 61 Concrete Project, and Parks Master Plan Implementation. Council indicated a desire to have a balanced operating budget directing any excess funds to the projects that have been indicated as top priority. It was the consensus of Council to include $5,000 for each councilmember’s Travel Budget and Item #: 7.2
Consent
City Council Meeting Minutes Tuesday, June 3, 2025
City of Tulare Page 2 of 6
$5,000 for each councilmember’s Community Improvement Budget. It was the consensus of Council to add $50,000 for The Arts.

3. ADJOURNMENT
Mayor Isherwood adjourned the special meeting at 7:00 p.m.

4. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the City Council at 7:12 p.m. in the Council Chamber located at 491 North M Street.

5. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Isherwood led the Pledge of Allegiance, and an invocation was given by Micah Thiesen, Senior Pastor of the Evangelical Free Church.

6. PROCLAMATIONS & RECOGNITIONS

6.1 Proclamation for Dairy Month – June 2025. Councilmember Mederos read a proclamation recognizing and proclaiming June 2025 as Dairy Month in the City of Tulare.

6.2 Proclamation for LGBTQ Pride Month – June 2025. Mayor Isherwood read and presented a proclamation to Carlos Mendoza recognizing and proclaiming June 2025 as LGBTQ Pride Month in the City of Tulare.

6.3 Recognition for 2025 CenCal American Planning Association Planning Award.

Carolina Ilic, CenCal APA Awards Coordinator, presented the Award of Excellence in the Comprehensive Plan Award category for the City of Tulare Downtown Master Plan which was prepared by City staff and MIG. This award was accepted by Community Development Director Mario Anaya and Assistant City Manager Thomas W. Gaffery IV on behalf of the City.

7. PUBLIC COMMENT
Patty Rocha, Director and Curator of the Tulare Historical Museum, addressed the Council in regard to a letter submitted requesting the City to remove and trim trees on the property where the museum is located. The letter also requested the Council consider extending the ground lease an additional 50 years (current lease expires in 2032) or negotiate a buyout of the land. City Manger Marc Mondell advised the Council that the City is in receipt of a letter from the Historical Society requesting solar be installed on the property and for the City to provide assistance with that. Mr. Mondell advised that ENGIE is currently evaluating that request, and he will provide a response to all requests once that is completed.

Brock Neeley addressed the Council regarding the documents provided to the Council (The Gay Agenda and history of Harvey Milk) and the expressed concern over the renaming of the USNS Harvey Milk. Mr. Neeley requested a letter of opposition be sent to Congressmen Valadao and the Secretary of Defense.

Linda Maloy, Vicki Gordon, Vicki Gilson, Xavier Avila, and Mary Zepeda addressed the Council regarding the Tulare Public Cemetery District Board and the issues surrounding said Board and the cemetery. They also requested the Council draft a letter to the Board of Supervisors to request changing the board members from appointed to elected.

City Council Meeting Minutes Tuesday, June 3, 2025
City of Tulare Page 3 of 6

8. PRESENTATIONS

8.1 Zumwalt Park Renovation – Tulare Adventist Health Amphitheater. This item was moved to the beginning of the meeting, following the Pledge of Allegiance and invocation.

The City Council recognized City Manager Marc Mondell for the Zumwalt Park Renovation Project. Mr. Mondell provided an overview of the completed project, highlighted the upcoming shows, and recognized all the hours put into the project by City staff.

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

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

11. CONSENT CALENDAR
Items 11.5, 11.7, and 11.8 were removed from the Consent Calendar.

It was moved by Councilmember Sigala, seconded by Councilmember Sayre, and unanimously carried to approve the items on the Consent Calendar as presented except for items 11.5, 11.7, and 11.8.

11.1 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.

11.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of June 3, 2025. [M. Hermann]

11.3 Monthly Investments Report.

Recommended Action: Accept the monthly investments report for March 2025. [M.

Roberts]

11.4 Surplus of Retired K-9.

Recommended Action: Surplus Police K-9 “Leo” and authorize the sale of same to his former handler, Police Corporal Paul Miranda, for the purchase price of $1.00. [F. Ynclan]

11.6 Second Reading and Adoption of Ordinance 2025-06.

Recommended Action: Adopt Ordinance 2025-06 designating the First Congregational Church property as a City of Tulare Historic-Cultural Landmark and adding it to the Local Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38. [M. Anaya]

ITEM(S) PULLED FROM CONSENT CALENDAR

11.5 Ratify Solid Waste Rates.

Recommended Action: Adopt a resolution ratifying the Board of Public Utilities Commissioners Resolution 2025-03 establishing new solid waste rates effective July 1, 2025. [T. Whitfield]
Council Action: Councilmember Sigala pulled this item in order to have staff provide an explanation of the process. Public Works Director Trisha Whitfield provided a response thereto. It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to approve the item as presented.

City Council Meeting Minutes Tuesday, June 3, 2025
City of Tulare Page 4 of 6

11.7 Full Reconveyance for Tulare Local Healthcare District Properties.

Recommended Action: Authorize the mayor to sign a substitution of trustee and full reconveyance releasing the City’s rights and interests for APNs 170-340-038 and 170- 340-035, properties owned by the Tulare Local Healthcare District which were held as security for the line of credit issued in 2019 as represented in the recorded Short Form Deed of Trust and Assignment of Rents. [M. Hermann]
Council Action: Councilmember Mederos inquired as to why the Council was not being requested to release all properties associated with the original deed of trust. City Attorney Mario U. Zamora provided a response thereto. It was agreed that staff would bring an item in the near future to release the remaining parcels. It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as amended, only releasing APN 170-340-038 since APN 170-340-035 was not listed on the original deed of trust.

11.8 Parking and Business Improvement Area Assessments.

Recommended Action: Approve the report filed by the Tulare Downtown Association Board of Directors as the appointed Advisory Board for the Parking and Business Improvement Area; and adopt a resolution of intention to levy an annual assessment for Fiscal Year 2026 and set a public hearing to levy the proposed assessments on June 17, 2025. [M. Roberts]
Council Action: Councilmember Sigala pulled this item to comment about the report provided and the low percentage of businesses paying their assessments. It was moved by Councilmember Sigala, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as presented.

12. PUBLIC HEARING

12.1 Historic-Cultural Landmark Nomination for the Tulare Elks Building.

Recommended Action: Receive a presentation, conduct a public hearing, and pass to print an ordinance designating the Tulare Elks Building as a City of Tulare Historic-Cultural Landmark and adding it to the Local Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38.

Presented By: Community Development Director Mario Anaya Public Comment: The public hearing was opened at 10 p.m. Chris Harrell and Michael Limas spoke in support of this action. The public hearing was closed at 10:04 p.m.

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

12.2 Historic-Cultural Landmark Nomination for Tulare Union High School Campus.

Recommended Action: Receive a presentation, conduct a public hearing, and pass to print an ordinance designating the Tulare Union High School Campus, Buildings, Olympic Cauldron, Football/Track Stadium, and Community Auditorium as City of Tulare HistoricCultural Landmarks and adding them to the Local Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38.

Presented By: Community Development Director Mario Anaya Public Comment: The public hearing was opened at 10:13 p.m. Chris Harrell spoke in favor of this action. The public hearing was closed at 10:15 p.m.

Council Action: Following discussion, it was moved by Councilmember Sigala, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as presented.

12.3 2025-2029 Consolidated Plan, Analysis of Impediments Documents, Citizen Participation Plan, and Fiscal Year 2025 Annual Action Plan.

Recommended Action: Adopt a resolution approving the 2025-2029 Consolidated Plan, Analysis of Impediments, Citizen Participation Plan, and Fiscal Year 2025 Community City Council Meeting Minutes Tuesday, June 3, 2025
City of Tulare Page 5 of 6
Development Block Grant (CDBG) Annual Action Plan (AAP) to allocate approximately $302,000 to public infrastructure and facility improvements, $106,000 to services for people experiencing homelessness, $250,000 to affordable housing preservation, and $142,000 to CDBG program administration; and authorize the City Manager or their designee to submit the same to HUD on behalf of the City of Tulare.

Presented By: Housing and Grants Specialist Norveen Brar; Housing and Grants Manager Alexis Costales
Public Comment: Mayor Isherwood advised he would be recusing himself from this item due to a conflict of interest and left the room. The public hearing was opened at 10:43 p.m.

Receiving no public comments, the hearing was closed at 10:43 p.m.

Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and carried 4 to 0 (Mayor Isherwood recused) to approve the item as presented.

Item 12.4 was taken out of order and heard prior to 12.1 through 12.3.

12.4 Appeal of Conditional Use Permit 2025-05.

Recommended Action: Adopt a resolution denying the applicant’s appeal of the Planning Commission’s approval of Conditional Use Permit (CUP) 2025-05.

Presented By: Community Development Director Mario Anaya Public Comment: Vonn Christenson spoke on behalf of his clients, appellants and property owners Madram and Nasser Shuaibi. Brisa Prado spoke on behalf of the Jalisco’s Tacos and translated for Juan Carlos, the owner of Jalisco’s Tacos, as he addressed the Council. The public hearing was opened at 9:17 p.m. Brisa Prado provided translation services for those present who spoke in support of Jalisco’s Tacos. Mr. Shuaibi addressed the Council in regard to the issues surrounding the relocation of Jalisco’s Tacos from his property to a neighboring property. The public hearing was closed at 9:32 p.m.

Council Action: It was moved by Councilmember Sigala and seconded by Councilmember Mederos to approve the item as presented, denying the applicant’s appeal of the Planning Commission’s approval of Conditional Use Permit 2025-05. Mayor Isherwood called for a roll call vote. The motion passed 5 to 0 as follows:

Ayes: Councilmember Sigala, Councilmember Mederos, Councilmember Sayre, Vice Mayor Harrell, Mayor Isherwood
Noes: None
The Council took a short recess at 9:41 p.m. and reconvened the meeting was reconvened at 9:50 p.m.

13. GENERAL BUSINESS

13.1 Emergency Shelter Operator Term Sheet & Preliminary Operating Budget.

Presented By: City Manager Marc Mondell; Community Development Director Mario Anaya; Safety, Compliance and Facilities Officer Manny Correa Public Comment: There were no public comments.

Council Action: It was the consensus of Council to table this item to June 17, 2025.

13.2 Tulare Avenue and Oakmore Street Intersection Deferred Improvement Agreement.

Recommended Action: Consider a Deferred Improvement Agreement with the developer of the Fulton Estates project at the southwest corner of Tulare Avenue (SR-137) and Oakmore Street.

Presented By: Assistant City Manager Thomas W. Gaffery IV City Council Meeting Minutes Tuesday, June 3, 2025
City of Tulare Page 6 of 6
Public Comment: There were no public comments.

Council Action: It was the consensus of Council to table this item to June 17, 2025.

14. FUTURE AGENDA ITEMS

14.1 All-way Stop at Coelho and Cross.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Vice Mayor Harrell
Council Action: It was the consensus of Council to have staff add this item to a future agenda.

14.2 Joint Meeting with College of the Sequoias and Tulare Joint Union High School District.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala
Council Action: It was the consensus of Council to have staff add this item to a future agenda.

14.3 Measure Y Allocation for Youth Programs and Initiatives.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala
Council Action: There was not a consensus of Council to add this item to a future agenda.

15. STAFF UPDATES
Staff provided updates on department activities.

16. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 11:09 p.m.

These meeting minutes were approved by the Council on June 17, 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: June 17, 2025
Department: Community Development - Planning
Submitted by: Mario Anaya, Community Development Director Agenda Title: Second Reading and Adoption of Ordinance 2025-07

RECOMMENDED ACTION
Adopt Ordinance 2025-07 designating the Tulare Elks Building as a City of Tulare Historic-Cultural Landmark and adding it to the Local Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38.

SUMMARY
This is a request by MJL Investment Company to designate the Tulare Elks Building as a City of Tulare Historic-Cultural Landmark and add it to the Local Register of Historic-Cultural Landmarks.

The project site is located at 124 East Kern Avenue (176-081-013). The subject property is zoned Retail Commercial (C-3), and the General Plan Designation is Central Business District.

Once a building, structure, object, site, or district is designated as a Historic-Cultural Landmark it will enable the Historic-Cultural Landmarks Advisory Committee, the Planning Commission, and the City Council, to work with property owners and the community to protect and review changes to these local landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this City, State, and nation. This would assist in implementing the Tulare General Plan’s goals and vision with respect to the following:
• To continue to safeguard the heritage of this city by preserving and regulating its historic buildings, structures, objects, sites, and districts which reflect elements of the City’s historic, cultural, social, economic, political and architectural history
• To continue to preserve and enhance the environmental quality and safety of these landmarks and districts.
• To continue to establish, stabilize and improve property values and to foster economic development.

On June 3, 2025, the Council passed to print the proposed ordinance. It is now being presented for second reading and adoption.

Item #: 7.3
Consent

ENVIRONMENTAL
The proposed designation of the property as a local historic-cultural landmark and zone amendment to apply the Historic-Cultural Landmark Overlay Zone is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Section 15183.

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

LEGAL REVIEW
This item does not require further legal review.

ALTERNATIVE ACTION

1. Adopt with changes

2. Deny

3. Table
If the ordinance is not adopted, the Tulare Elks Building would not be designated as a local Tulare Historical-Cultural Landmark.

ATTACHMENTS

1. Ordinance 2025-07
Reviewed/Approved:

ORDINANCE 2025-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE

AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION 10.06.04 OF SAID CODE ZONE AMENDMENT NO. 761
WHEREAS, The Tulare City Council finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.02.02 of the Tulare City Code; and WHEREAS, the Tulare City Council finds that this zone amendment is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Tulare City Council finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the proposed zone amendment is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Section 15183.

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

SECTION 1. The Zoning Map of the City of Tulare as referred to in Section 10.06.04 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.06.04', thereof, the subject property portion of said map, being attached hereto, is hereby amended as follows:

Amend the zoning map designation for said property from the C-3 (Retail Commercial) zoning designation to the C-3(H) (Retail Commercial, Historic-Cultural Landmark Overlay) zoning designation (APN 176-081-013) located at 124 East Kern Avenue, as set forth more specifically on said map.

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

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

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

ORDINANCE 2025-07

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 17th day of June 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: June 17, 2025
Department: Community Development - Planning
Submitted by: Mario Anaya, Community Development Director Agenda Title: Second Reading and Adoption of Ordinance 2025-08

RECOMMENDED ACTION
Adopt Ordinance 2025-08 designating the Tulare Union High School Campus, Buildings, Olympic Cauldron, Football/Track Stadium, and Community Auditorium as City of Tulare Historic-Cultural Landmarks and adding them to the Local Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38.

SUMMARY
This is a request by the Tulare Joint Union High School District to designate the Tulare Union High School Campus, Buildings, Olympic Cauldron, Football/Track Stadium and Community Auditorium as City of Tulare Historic-Cultural Landmarks and add them to the Local Register of Historic-Cultural Landmarks.

The project site is located at 755 East Tulare Avenue and consists of three parcels 176-134-001, 176- 143-001, and 176-154-001. The subject property is zoned Public Lands (PL), and the General Plan Designation is Public/Quasi-Public.

Section 10.38 of the updated City of Tulare Zoning Ordinance includes standards to preserve, promote, and enhance the Historic-Cultural Landmarks and designated historic districts of the city for the educational, cultural, economic, and general welfare of the public. The purpose of the zone amendment would be to designate the Tulare Union High School Campus, Buildings, Olympic Cauldron, Football/Track Stadium and Community Auditorium as local Historic-Cultural Landmarks and apply the Historic-Cultural Landmark Overlay Zone to the property.

Once a building, structure, object, site, or district is designated as a Historic-Cultural Landmark it will enable the Historic-Cultural Landmarks Advisory Committee, the Planning Commission, and the City Council, to work with property owners and the community to protect and review changes to these local landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this City, State, and nation. This would assist in implementing the Tulare General Plan’s goals and vision with respect to the following:
• To continue to safeguard the heritage of this city by preserving and regulating its historic buildings, structures, objects, sites, and districts which reflect elements of the City’s historic, cultural, social, economic, political and architectural history
• To continue to preserve and enhance the environmental quality and safety of these landmarks and districts.
• To continue to establish, stabilize and improve property values and to foster economic development.

Item #: 7.4
Consent
On June 3, 2025, the Council passed to print the proposed ordinance. It is now being presented for second reading and adoption.

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

LEGAL REVIEW
This item does not require further legal review.

ALTERNATIVE ACTION

1. Adopt with changes

2. Deny

3. Table
If the ordinance is not adopted, the Tulare Union High School Campus, Buildings, Olympic Cauldron, Football/Track Stadium and Community Auditorium would not be designated as local Tulare HistoricalCultural Landmarks.

ATTACHMENTS

1. Ordinance 2025-08
Reviewed/Approved:

ORDINANCE 2025-08

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE

AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION 10.06.04 OF SAID CODE ZONE AMENDMENT NO. 760
WHEREAS, The Tulare City Council finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.02.02 of the Tulare City Code; and WHEREAS, the Tulare City Council finds that this zone amendment is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Tulare City Council finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the proposed zone amendment is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Section 15183.

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

Amend the zoning map designation for said property from the PL (Public Lands) zoning designation to the PL(H) (Public Lands, Historic-Cultural Landmark Overlay) zoning designation (APNs 176-134-001, 176-143-001, and 176-154-001) located on the southeast corner of Tulare Avenue and ‘O’ Street, as set forth more specifically on said map.

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

ORDINANCE 2025-08

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 17th day of June 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: June 17, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Landscape Maintenance Assessments for Fiscal Year 2026

RECOMMENDED ACTION
Adopt a resolution to set July 15, 2025 as the public hearing date to adopt landscape maintenance assessments for Fiscal Year 2026.

SUMMARY
The City is required to adopt a resolution of intention to set a public hearing date to establish landscape maintenance assessments for Fiscal Year 2026. The attached resolution of intention serves as the public notice and is published in the local newspaper.

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 - Staff will make any requested revisions to the draft Resolution of Intention.

2. Deny - Not an option. Adoption of a Resolution of Intention and subsequent public hearing are legally required steps in accordance with the Landscaping and Lighting Act of 1972 for establishing assessments for the coming fiscal year.

3. Table - Assessments for the coming fiscal year must be adopted by Council and provided to the Tulare County Tax Collector’s office by August 12. To provide sufficient time for the City to complete the assessment adoption process by the August 12, 2025 deadline, it is recommended that this item not be tabled.

ATTACHMENTS

1. Resolution of Intention
Reviewed/Approved:

Item #: 7.5
Consent
RESOLUTION 2025-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

REGARDING LANDSCAPE MAINTENANCE DISTRICTS
Be it resolved by the Council of the City of Tulare, as follows, to wit:

A. The City Council intends to levy and collect assessments within the landscape maintenance districts for fiscal year 2025-26. The area of land to be assessed is located within the City of Tulare, Tulare County.

B. The improvements to be made in these assessment districts are generally described as follows:
89-01 North Oaks Estates – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $110.00. 89-02 The Grove Subdivision – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $320.00 for 32 lots, 1 lot at $480.00 and 3 lots at $640.00.
90-01 Southgate Villa No. 11 – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $190.00 for 18 single family lots and $570.00 for 3 multi-family lots.
91-01 Westwood Village Estates – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $94.00. 93-01 Sunrise Estates – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas within the District, and 50% of maintenance costs of Sunrise Park. Proposed assessment is $109.00.
2000-01 Del Lago Subdivisions – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $336.00 for 1,261 lots and 3 lots at $672.00.
2001-01 Autumn Glen Subdivision – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $46.00. 2003-01 Shadow Wood and Majestic Subdivisions – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $60.00.
2003-02 Kaweah Estates – maintenance of landscaping, irrigation systems, block wall and sidewalk along the public trail adjacent to the T.I.D. canal, north of Levin Avenue.

Assessment is $42.00.
2005-01 Academy Estates – maintenance of landscaping, irrigation systems, block wall, and sidewalks for landscaping lot areas, trail improvements adjacent to the T.I.D. canal, and supplemental preventative maintenance of local streets within the District boundaries.

Proposed assessment is $125.00.
2005-02 Palm Ranch, Woodbridge, and Cambridge Subdivisions – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, neighborhood park maintenance, and supplemental preventative maintenance of local streets within the District boundaries. Proposed assessment is $194.00. 2005-03 Admiral Estates, Gail Estates, and Heritage North Subdivisions – maintenance of landscaping, irrigation systems, block walls, and sidewalks of landscaping lot areas and the storm drainage basin serving the district, and supplemental preventative maintenance of local streets within the District boundaries. Proposed assessment is $235.00. 2005-04 Valley Estates, Montecito, and Sherwood North Subdivisions – maintenance of landscaping, irrigation systems, block walls and sidewalks for landscaping lot areas, and supplemental preventative maintenance of local streets within the District boundaries.

Proposed assessment $140.00.
2005-05 Rancho Ventura - maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas, and supplemental preventative maintenance of local streets within the District boundaries. This subdivision is not built at this time. Assessment is $0.00; no assessment is proposed to be collected this coming fiscal year. 2005-06 The Greens and KCOK Ranch Subdivisions – maintenance of landscaping, irrigation systems, block walls and sidewalks for landscaping lot areas and the storm drainage basins serving the District, and supplemental preventative maintenance of local streets within the District boundaries. Proposed assessment is $150.00 for 392 lots and 1 lot at $300.00.
2005-07 Westgate Estates – maintenance of landscaping, irrigation systems, block walls and sidewalks for landscaping lot areas and the storm drainage basin serving the District, and supplemental preventative maintenance of local streets within the District boundaries.

Proposed assessment is $165.00.
2005-08 California Ranchos and Cottonwood Estates – maintenance of landscaping, irrigation systems, block walls and sidewalks for landscaping lot areas and the storm drainage basins serving the District, maintenance of trail improvements along the T.I.D. canal, and supplemental preventative maintenance of local streets within the District boundaries. Proposed assessment is $173.00 for 244 lots and 1 lot at $346.00. 2007-01 Goble Court Subdivision – maintenance of landscaping, irrigation systems, block wall, street trees and sidewalk for landscaping lot areas, and supplemental preventative maintenance of local streets within the District boundaries. Proposed assessment is $90.00.
2010-01 Sycamore – maintenance of sycamore trees and repair of curb, gutter and sidewalks along Sycamore Avenue and along the east side of Cherry Avenue from Tulare Avenue to San Joaquin Avenue. Assessments are subject to yearly increases of up to

2.5%. Proposed assessment is $200.00.
2016-01 Sierra Vista No. 2 – maintenance of trail improvements along the T.I.D. canal.

Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $197.00 for 50 lots, and 1 lot at $394.00. 2018-01 Willow Glen and Kensington Estates subdivisions – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, maintenance costs for the storm drain basins serving the district, neighborhood park maintenance, and supplemental preventative maintenance of local streets within the District boundaries.

Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $336.00.
2018-02 The Greens At Oak Creek subdivision and Phases 2 thru 4 of the Oak Creek development – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, maintenance costs for the storm drain basin serving the district, and supplemental preventative maintenance of local streets within the District boundaries.

Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $163.00 for 88 lots, $206.00 for 15 lots, $245.00 for 12 lots, and $2,445.00 for 1 lot.
2020-01 The Farrar Estates subdivision – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, maintenance costs for the storm drain basin serving the district, neighborhood park maintenance, and supplemental preventative maintenance of local streets within the District boundaries. Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $375.00.
2021-01 The Oakcrest subdivision – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, maintenance y costs associated with the storm drain basin serving the district, and supplemental preventative maintenance of local streets within the District boundaries. Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $206.00. 2021-02 The Liberty Hill subdivision – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, maintenance and regulatory costs associated with the storm drain basin serving the district, neighborhood park maintenance, and supplemental preventative maintenance of local streets within the District boundaries.

Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $327.00.
2022-01 The Fernjo Estates subdivision – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, maintenance and regulatory costs associated with the storm drain basin serving the district, and supplemental preventative maintenance of local streets within the District boundaries. Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $265.00.
2024-01 Wild Oak subdivision – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, neighborhood park maintenance, and supplemental preventative maintenance of local streets and alleys within the District boundaries. Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $455.00. 2024-02 The Fulton Estates subdivision – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, neighborhood park maintenance, and supplemental preventative maintenance of local streets within the District boundaries.

Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $350.00.
2025-01 Mission Creek - maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas, neighborhood park maintenance, maintenance and regulatory costs associated with the storm drain basin serving the district, and supplemental preventative maintenance of local streets within the District boundaries. This subdivision is not built at this time. Assessment is $0.00; no assessment is proposed to be collected this coming fiscal year.

C. Council hereby directs Michael W. Miller, City Engineer, to file the annual Engineers Report for the assessment districts with the City Clerk as required by the Landscaping and Lighting Act of 1972.

D. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district.

E. On July 15, 2025, at the hour of 7:00 p.m., or shortly thereafter the City Council will conduct a public hearing to receive testimony regarding assessments for 2025-26 fiscal year. The hearing will be held at the meeting place of the City Council located at the Tulare Public Library and Council Chambers, 491 North “M” Street, Tulare, California.

F. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 17th day of June 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
____________________________________
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: June 17, 2025
Department: City Attorney
Submitted by: Mario U. Zamora, City Attorney
Agenda Title: Full Reconveyance for Tulare Local Healthcare District Properties

RECOMMENDED ACTION
Authorize the mayor to sign a substitution of trustee and full reconveyance releasing the City’s rights and interests for APNs 171-300-015, 170-092-003, 170-072-020 (3 separate portions), 170-322-034 (2 separate portions), 170-072-002, and 170-322-020, properties owned by the Tulare Local Healthcare District for which were held as security for the line of credit issued in 2019 as represented in the recorded Short Form Deed of Trust and Assignment of Rents.

SUMMARY
On February 19, 2019, the City entered into a Debtor-in-Possession Credit Agreement (Agreement) with the Tulare Local Healthcare District (District), providing a revolving credit in an amount not to exceed $9 million. Pursuant to the Agreement, no funds can be lent following 36 months after the effective date; therefore, the District was able to borrow funds until February 19, 2022.

To secure the loan, the City had first deeds of trust placed on all available District properties, excluding the hospital itself, placed at a total appraised value of approximately $14 million.

On June 3, 2025, the City Council authorized the release of lien for APN 170-340-038 as the District is in the process of selling this parcel.

During the term of the loan, the District borrowed a total of $8,100,000 which has been paid in full. The District has reached out to the City to request release of lien of the remaining parcels, APNS 171-300- 015, 170-092-003, 170-072-020 (3 separate portions), 170-322-034 (2 separate portions), 170-072-002, and 170-322-020.

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

LEGAL REVIEW
This item was reviewed by the City Attorney’s Office.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Item #: 7.6
Consent

ATTACHMENTS

1. Substitution of Trustee and Full Reconveyance
Reviewed/Approved:

Page 1 of 6 ends

RECORDING REQUESTED BY:

Chicago Title Company/simplfile
Escrow No.: FWVI-4272500182
When Recorded Mail Document To:

Randy Dodd
Tulare Local Hospital District

APN/Parcel ID(s): 171-300-015 SPACE ABOVE THIS LINE FOR RECORDER’S USE 170-092-003
170-072-020 (3 separate portions) Exempt from fee per GC 27388.1(a)(2); recorded 170-322-034 (2 separate portions) concurrently in connection with a transfer subject 170-072-002 to the imposition of documentary transfer tax 170-322-020

SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
WHEREAS, TULARE LOCAL HOSPITAL DISTRICT, a local health care district of the State of California was the original Trustor, STEWART TITLE OF CALIFORNIA, INC., a California Corporation, the original Trustee, and CITY OF TULARE, CALIFORNIA, a California incorporated city, the Beneficiary, under that certain Deed of Trust dated February 8, 2019 and recorded on March 5, 2019 as Instrument No. 2019-0010601, Official Records of the County of Tulare, State of California; and
WHEREAS, the Beneficiary of the Deed of Trust desires to substitute a new Trustee under said Deed of Trust in place and instead of STEWART TITLE OF CALIFORNIA, INC., a California Corporation, and does hereby substitute CITY OF TULARE, CALIFORNIA, a California incorporated city, as Substitute Trustee under said Deed of Trust in place of STEWART TITLE OF CALIFORNIA, INC., a California Corporation; and WHEREAS, the obligation secured by the Deed of Trust has been paid in full.

CITY OF TULARE, CALIFORNIA, a California incorporated city, as newly appointed Substitute Trustee under the Deed of Trust, and pursuant to the request of the owners and holders thereof, and in accordance with the provisions of the Deed of Trust as more particularly described in the attached Exhibit “A”, do hereby RECONVEY, WITHOUT WARRANTY, TO THE PERSON OR PERSONS LEGALLY ENTITLED THERETO, the Estate now held thereunder. [SIGNATURE ON NEXT PAGE]

Page 2 of 6 ends

BENEFICIARY/SUBSTITUTED TRUSTEE
City of Tulare, a California municipal corporation
___________________________________________
Signature
By: Patrick Isherwood
Its: Mayor
Attachment
Exhibit A – Legal Descriptions

Page 3 of 6 ends

SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
(continued)
APN/Parcel ID(s): 171-300-015
170-092-003
170-072-020 (3 separate portions)
170-322-034 (2 separate portions)
170-072-002
170-322-020
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document in which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF __________ )
On ________________, before me, _______________________, a Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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.
(SEAL)
_____________________________________________________
__________________________________, NOTARY PUBLIC

Page 4 of 6 ends

Exhibit “A”
Legal Descriptions
Evolutions Property
PARCEL 1 OF PARCEL MAP NO. 4531, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED AUGUST 23, 2002 IN BOOK 46, PAGE 36 OF PARCEL MAPS, TULARE COUNTY RECORDS.

EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF OF ALL THE MINERALS, GAS,

OILS, PETROLEUM, NAPHTHA AND OTHER HYDROCARBON SUBSTANCES IN, ON

OR UNDER SAID LAND, TOGETHER WITH ALL RIGHTS INCIDENTAL TO THE

DEVELOPMENT OF SAME, AS EXCEPTED IN THE DEED FROM SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, A NATIONAL BANKING ASSOCIATION, TO C.E.

SWEARINGEN AND CLARA B. SWEARINGEN, HUSBAND AND WIFE, DATED SEPTEMBER 29, 1936, RECORDED NOVEMBER 30, 1936 IN BOOK 704, PAGE 316 OF OFFICIAL RECORDS AND THE REMAINDER OF PARCEL MAP 4531 IN THE CITY OF

TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED AUGUST 23, 2002 IN BOOK 46, PAGE 36 OF PARCEL MAPS, TULARE COUNTY RECORDS (APN 171-300-016).

APN: 171-300-015
Cottages Property
PARCEL 1:

THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTEROF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 20 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY

OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 2; THENCE NORTH 0° 05' 45" WEST ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 2, A DISTANCE OF 449.94 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY

EXTENSION OF THE NORTH LINE OF THE MOUNTAIN VIEW TRACT, AS PER MAP RECORDED IN VOLUME 21, PAGE 64 OF MAPS, TULARE COUNTY RECORDS; THENCE SOUTH 88° 54' 45" WEST ALONG THE EASTERLY EXTENSION OF SAID NORTH LINE, 125 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT ALSO

Page 5 of 6 ends

BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED TO CYRIL H.

JOHNSON AND LUCY JANE JOHNSON, HIS WIFE, BY DEED DATED JULY 22, 1954, RECORDED IN BOOK 1773, PAGE 332 OFFICIAL RECORDS; THENCE NORTH 0° 05' 45" WEST ALONG THE WEST LINE OF THE LAND SO CONVEYED, 180 FEET TO THE NORTHWEST CORNER THEREOF; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF THE LAND SO CONVEYED, 68 FEET; THENCE SOUTH 0° 05' 45" EAST, 180 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID MOUNTAIN VIEW TRACT; THENCE EAST ALONG SAID NORTH LINE, 68 FEET TO THE TRUE POINT OF BEGINNING.

TOGETHER WITH THAT PORTION OF PARCEL B OF RESOLUTION NO. 09-22

VACATING A PORTION OF TERRACE AVENUE LYING ADJACENT TO SAID PARCEL ON THE SOUTH, RECORDED APRIL 14, 2009, AS INSTRUMENT NO. 2009-0021887, OF OFFICIAL RECORDS.

APN: 170-092-003
PARCEL 3:

THE SOUTH 72 FEET OF LOT 2 OF TERRACE GARDEN SUBDIVISION, IN THE CITY

OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 21, PAGE 95 OF MAPS, TULARE COUNTY RECORDS.

APN: 170-072-020 (PORTION)
PARCEL 4:

LOTS 3 AND 4 OF TERRACE GARDEN SUBDIVISION, IN THE CITY OF TULARE,

COUNTY OF TULARE, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 21, PAGE 95 OF MAPS, TULARE COUNTY RECORDS.

APN: 170-072-020 (PORTION)
PARCEL 5:

LOT 2 OF TERRACE GARDEN SUBDIVISION, IN THE CITY OF TULARE, COUNTY OF

TULARE, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 21, PAGE 95 OF MAPS, TULARE COUNTY RECORDS.

EXCEPTING THEREFROM THE NORTHERLY 10 FEET THEREOF.

ALSO EXCEPTING THE SOUTH 72 FEET THEREOF.

Page 6 of 6 ends

APN: 170-072-020 (PORTION)
PARCEL 6:

LOT 7 OF CHERRY PARK ESTATES, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23, PAGE 94 OF MAPS, TULARE COUNTY RECORDS.

APN: 170-322-034 (PORTION)
PARCEL 7:

LOT 5 OF CHERRY PARK ESTATES, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23, PAGE 94 OF MAPS, TULARE COUNTY RECORDS.

APN: 170-322-034 (PORTION)
PARCEL 8:

LOT 1 AND THE NORTHERLY 10 FEET OF LOT 2 OF TERRACE GARDEN

SUBDIVISION, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 21, PAGE 95 OF MAPS, TULARE COUNTY RECORDS.

APN: 170-072-002
PARCEL 10:

LOT 8 OF CHERRY PARK ESTATES, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23, PAGE 94 OF MAPS, TULARE COUNTY RECORDS.

APN: 170-322-020
Staff Report
Meeting: City Council
Date: June 17, 2025
Department: Economic Development & Redevelopment
Submitted by: Jennifer Gomez, Executive Director of Economic Development & Redevelopment Agenda Title: Economic Development Updates

RECOMMENDED ACTION
Receive an update on the economic development activity in the City of Tulare.

SUMMARY
Attached is the May 2025 Economic Development Bulletin identifying activities and projects that took place in the previous month highlighting four elements of economic development. The number of building permits issued pertaining to residential and commercial improvements along with the total value of those improvements are referenced. The City of Tulare continues to thrive as seen by the number of business licenses that were issued for either new businesses, change of ownership, or businesses that failed to have a business license previously. Active projects are also referenced that will have an impact on economic development. Lastly, a list of projects that have been submitted to the City and have begun the Site Plan Review process are listed for your reference.

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

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. May 2025 Economic Development Bulletin
Reviewed/Approved:

Item #: 7.7
Consent
TheEconomicDevelopment

BULLETIN
May2025
Building Permits
156 Building Permits for Residential & Commercial Improvements - Total Valuation of Improvements $10,884,031
Residential
Single Family, Accessory/Alterations/Additions,
Re-Roof, Photovoltaic, Patio/Porch/Carport,
Pool/Spa/Water Feature
Commercial
New, Alterations/Additions, Tenant Improvements
146 10
Business Licenses
57 New Business Licenses Issued
Business Address
Dr. Akash Patel, DDS 1040 N. Cherry St.

Med-Project CA, LLC 109 S.West Street
Watermill Express LLC 110 E. Cross Ave.

Family Dollar #28774 1108 E. Bardsley Ave.

Fiesta de Mayo 1150 E. Fairview Ave
Aparicio Insurance Agency 1233 E. Prosperity Ave.

Body Art Gallery 1267 E. Prosperity Ave.

Triangle Drive In 6 1330 E.Tulare Ave.

Tulare Mercantile 139 E.Tulare Ave.

Med-Project CA, LLC 1395 E. Prosperity Ave.

Grooms by Candace 1406 E.Tulare Ave.

Family Dollar #30030 1420 W.Tulare Ave.

Rooted Valley Cold Press 1421 E. Prosperity Ave.

Empire Builders 143 E.Tulare Ave.

Crocs Retail LLC 1435 Retherford St.

Veronica Anderson 144 North M Street
Nails by Nicole Saenz 144 North M Street
Chew & Co Dog Snacks & Accessories 1497 Cortese St.

Fierce Intense Training Studio 1501 E.Tulare Ave.

Silverback Barbershop 1579 E.Tulare Ave.

Kenneth Marroquin Agency 1615 E. Prosperity Ave.

Aidenzcuts559 1620 E.Tulare Ave.

Jess Blendzz 1620 E.Tulare Ave.

Grooming by Teri 1624 E.Tulare Ave.

Sarah’s Pup and Purr Spa 1624 E.Tulare Ave.

Gamez Home Service 1639 N.Welch Dr.

SOC General Contractor 1785 Eaton St.

Octapharma Plasma Inc. 180 E. Cross Ave.

JV Mobile 1957 E.Tulare Ave.

Mechanics Bank 2005 E. Prosperity Ave.

Tacos La Vaca Pinta 203 W.Wade Ave.

Salles Cafe 2082 N. J St.

Tucoemas Federal Credit Union 2083 E. Bardsley Ave.

Med-Project CA, LLC 2175 E. Bardsley Ave.

Julie’s Little Flower Shop 221 E.Tulare Ave.

Mr. Salchicha 2323 Bay Hill Ave.

Skin Kneads by Isabella 2375 E.Tulare Ave.

Beauty Bar 613 Salon 2375 E.Tulare Ave.

Vianca Hair Stylist 2375 E.Tulare Ave.

Monerebeauty 2375 E.Tulare Ave.

Infinity Fades 260 North L Street
Herrera Hoof Trimming 280 Gemini St.

Quality Clean Up 2956 Sand Hills Ave.

On the Rocks Mobile Bartending 3017 Britannia St.

Liquid Legacies 302 N. Hampton
Electrical & Automation Solutions 3150 Kona Ct.

CS La Original LLC 3212 Dorset St.

Rise Pole Fitness & Aerial 413 North I St.

Ole Honeysuckle by Pauly’s Bloom 444 S.Warren St.

Tacos El Fantasma 514 W. Inyo Ave.

Soap Opera 557 W. Bardsley Ave.

El Charro Cafe 575 W. Bardsley Ave.

Dena’s Oversize Escort LLC 727 S. Latimer St.

Watermill Express LLC 772 W. Inyo Ave.

Kentucky Fried Chicken 845 E. Prosperity Ave.

Sequoia Institute for Surgical Services 925 E. Merritt Ave.

Mancillas Wireless 943 South K St.

Active Projects
Status of Active Projects
Project Title & Description Location
Tulare Business Innovation Zone (TBIZ)
Certificate of Occupancy in July 2025
425 E. Kern Ave.

International Agri-Center Way Interchange
Construction 50% Completed
Anticipated Completion Summer 2026
Hwy 99 & International Agri-Center Way
International Agri-Center Way Extension
Design Phase - 90%
Connecting Laspina St. to Turner Dr.

Wild Oak
Single Family Residential - 83 units
Under Construction
W. Pleasant Ave. btw La Dawna St. & Alpha St.

Oakcrest 2
Single Family Residential - 84 units
Under Construction
W. Capistrano Ave. btw Cromley St. & Shenandoah
St.

Townhouse
Multi-Family Residential - 40 units
Plans being finalized for approval
North M Street & Santa Fe Trail
Ginder Apartments
Multi-Family Residential - 216 units
Plans being finalized for approval
N. Retherford btw E. Cartmill Ave. & E. Corvina Ave.

Glass Avenue
Mutli-Family Residential - 54 units
Under construction
N. Retherford btw E. Cartmill Ave. & E. Corvina Ave.

Villas @ Sierra Ranch
Multi-Family Residential - 90 units
Under Construction
N. Retherford btw E. Corvina Ave. & E. Leland Ave.

Cartmill Mooney TSM
Single Family Residential - 132 units
Under construction
SW Corner of Mooney Blvd. & Cartmill Ave.

KCOK 4, 6, 7
Single Family Residential - 95 units
Plans being finalized for approval
Morrison St. btw Prosperity Ave. & Castlerock Ave.

KCOK 5 & 9
Single Family Residential - 88 units
Morrison St. btw Castlerock Ave. & Seminole Ave.

Under Construction
Farrar 2, 3, & 4
Single Family Residential - 257 units
Under Construction
Morrison St. btw Seminole Ave. & Pine Valley Ave.

Fulton Estates
Single Family Residential - 183 units
Under Construction
SW Corner of Tulare Ave. & Rd. 124
Hidden Ridge
Single Family Residential - 30 units
Under Construction
Bardsley Ave. btw Mammoth St. & Morrison St.

Mission Creek
Single Family Residential - 273 units
Under Construction
SW Corner of Bardsley Ave. & Rd. 124
Cottonwood 3
Multi-Family Residential - 86 units
Plans being finalized for approval
SE Corner of Foster Dr. & Mooney Blvd.

Maverik
Infrastructure Improvements are under way
Opening approximately Summer 2026
SE Corner of Hwy 99 & Cartmill Ave.

Chick-fil-A
Infrastructure Improvements are under way
Opening approximately Spring 2026
SE Corner of Hwy 99 & Cartmill Ave.

Sequoia Marketplace
Building Permits Plan Check for:

Chipotle
Carwash
Service Station
NE Corner of Mooney Blvd. & Bardsley Ave.

Site Plan Review
Site Plan Review Applications
Project Title & Description Address
iONNA EV Chargers
Installation of 10 EV chargers
621 E. Prosperity Ave.

Bardsley & O Street
Tentative Parcel Map, lot split
601 E. Bardsley Ave.

Beer Garden - Kern 131 E. Kern Ave.

Bhandal Commons
Tentative Parcel Map & Site Plan
Covina & Retherford
Tacos y Mariscos Maranatha
Taco sales
444 E. Cross Ave., Suite A
Food Park
Mexican restaurant, coffee shop, burger place
141 S. L Street
Kakkar Investments
Gas Station
140 E.Tulare Ave.

Hillman & Corvina Commercial Development
Fast food restaurants, gas station, retail
SWC Hillman & Corvina
For any inquires on these projects, please reach out to:

Jennifer Gomez, MPA
Executive Director of Economic Development & Redevelopment [email protected]
559.684.4230 | C: 559.309.4726
425 East Kern Avenue, Tulare, CA 93274
Staff Report
Meeting: City Council
Date: June 17, 2025
Department: City Manager
Submitted by: Thomas W. Gaffery IV, Assistant City Manager Agenda Title: Community Choice Aggregation

RECOMMENDED ACTION
Receive a report and staff recommendation on Community Choice Aggregation (CCA) electric utility services.

SUMMARY
Background and Staff Direction
At its February 20, 2024 meeting, Council received a presentation regarding Community Choice Aggregation (CCA). At that meeting, staff received direction to conduct an assessment of CCA options and return to Council with a recommendation.

What is a CCA?
The California Public Utilities Commission describes a CCA as “…a program that allows cities, counties and other qualifying governmental entities available within the service areas of investor-owned utilities (IOUs), to purchase and/or generate electricity for their residents and businesses. IOUs continue to provide transmission and distribution, metering, billing, collection, and customer service to retail customers participating in CCA.”1
How many CCAs are there?
There are currently twenty-five CCAs operating in California.2 What is the purpose of and what are the benefits of a CCA? CCAs allow for more direct local involvement in energy generation. This has generally led to communities pursuing more renewable energy sources, purchasing more locally generated renewable energy, and incentivizing local solar energy production.3
CCAs have an incentive to negotiate low-cost purchase contracts with electric providers to maintain customers. They may also benefit from the long-term power purchase agreements that many IOUs are locked into and may be able to purchase energy on the short-term market at a cheaper rate. Finally, CCAs also benefit from being not-for-profit, as opposed to IOUs focus on shareholder value.4 CCAs must also pay IOUs a Power Charge Indifference Adjustment (PCIA) which covers costs incurred by the IOU prior to a customer’s departure to a CCA.5 The UCLA Luskin Center of Public Affairs noted a “lack of transparency in the methodology of calculating the PCIA…”6 The volatile cost of PCIAs paid by CCAs to IOUs, and the confusing nature of PCIAs, has resulted in consumers being confused and turnedoff to joining a CCA. If a CCA were to negotiate a PCIA that was unfavorable to the CCA, it could erode the cost savings to CCA ratepayers.
1 CPUC CCA Regulatory Information
2 CCA Contact Info and Location
3 The Promises and Challenges of Community Choice Aggregation in California, page 1 4 Ibid., page 19
5 Ibid., page 29
6 Ibid., page 31
Item #: 7.8
Consent
With the evolving nature of CCAs, continued advancements in renewable/clean energy, evolving State and Federal regulations, climate change, rising energy rates, and poor public perception7 of the California Public Utilities Commission, there are many unknown factors that would impact the effectiveness of a new CCA and whether it could result in savings to ratepayers.

In January 2025, the Legislature Analyst’s Office released a report entitled “Assessing California’s Climate Policies–Residential Electricity Rates in California.”8 This report addressed IOUs, CCAs, and Publicly Owned Utilities (POUs). The report showed California residents with the lowest electric utility rates are those supplied by POUs like the Merced Irrigation District, or the Los Angeles Department of Water and Power.9
Staff Conclusion
Pursuing a CCA would not necessarily result in cost savings to residents.

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

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Provide other staff direction

2. Continue the item to a future meeting

ATTACHMENTS
See footnotes
Reviewed/Approved:
7 Over a century later, California may need another revolt against its utility companies 8 Assessing California’s Climate Policies—Residential Electricity Rates in California 9 Ibid., page 13
Staff Report
Meeting: City Council
Date: June 17, 2025
Department: City Attorney
Submitted by: Shonna Oneal, Human Resources Director
Mario Zamora, City Attorney
Agenda Title: City of Tulare Merit System Rules and Regulations Amendment

RECOMMENDED ACTION
Adopt a resolution amending the City of Tulare Merit System Rules and Regulations, Section 431, Department Head Performance Incentive Program and Section 809, Management Leave.

SUMMARY
The City Council of the City of Tulare is authorized to approve amendments to the City of Tulare’s Merit System Rules and Regulations. Staff has identified recommended amendments to Section 431 and 809. • Section 431 Department Head Bonus Program: This section authorizes the City Manager to award bonuses to department heads for special meritorious performance, with the funding determined annually by City Council each year. This program has not been used under the current City Manager’s administration. There is a desire to amend this program to provide additional criteria that include individual limits, eligibility, and payment options. These revisions will enable the City Manager to acknowledge meritorious performance of the Department Head group in a manner that values their contributions, thereby assisting in the retention and recognition of those who exceed expectations in delivering services to the Community. • Section 809 Management Leave, Paragraph b: This section currently grants all non-sworn management sixty-four (64) hours of management per year, which cannot be carried over year to year. On October 16, 2024, City Council authorized an agreement with the Middle Management to allow the automatic cash out of up to 32 hours per fiscal year automatically processed the first paycheck in July. The suggested amendment to this section reflects this change.

FISCAL IMPACT & FUNDING SOURCES
The total fiscal impact will be assessed annually during the City’s budget adoption process. The total amount will be determined by the City Council and included in the yearly budget.

LEGAL REVIEW
The City Attorney has reviewed this item.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution with City of Tulare Merit System Rules & Regulations

2. Redline Version of Section 431 and Section 809
Reviewed/Approved:

Item #: 7.9
Consent
RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE CITY OF TULARE’S MERIT SYSTEM OF RULES AND REGULATIONS WHEREAS, the City Council of the City of Tulare is authorized to adopt and amend necessary employee rules and regulations; and
WHEREAS, staff have identified amendments to Section 431, Department Head Performance Incentive Program and Section 809 Management Leave; and WHEREAS, revision to the City of Tulare’s Merit System of Rules and Regulations must be adopted by the City Council in order to become effective; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. The City of Tulare’s Merit System of Rules and Regulations amendments attached hereto and marked as Exhibit A are hereby adopted and effective immediately and supersede the any previous versions of the City of Tulare’s Merit System of Rules and Regulations.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 17th day of June 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
RESOLUTION NO. 2537

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

ADOPTING RULES AND REGULATIONS FOR THE ADMINISTRATION
OF THE CITY OF TULARE MERIT PERSONNEL SYSTEM.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TULARE, AS FOLLOWS TO WIT:

Section 1. That the Rules and Regulations for the Administration of the City of Tulare Merit Personnel System, as hereinafter set forth in Exhibit “A” hereto attached, is hereby adopted pursuant to Section 1-14-4 of the Tulare City Code.

Passed, adopted and approved this 15th day of February, 1977.

Norman F. Griesbach (ss)
President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:

William H. Fishbough (ss)
City Clerk and Clerk of the Council
of the City of Tulare
(Version: May 2006)
(w/subsequent amendments up to July 2008 & amendment June 17, 2025)

CITY OF TULARE MERIT SYSTEM RULES AND REGULATIONS
CHAPTER 1 – GENERAL
SEC. 101 Adoption of Rules and Regulations.............................................................................1 SEC. 102 Administration of the Merit System .............................................................................1 SEC. 103 Purpose and Policy.....................................................................................................1 SEC. 104 Personnel Policy.........................................................................................................1 SEC. 105 Employment Constitutes Acceptance of Rules............................................................1 SEC. 106 Violation of Rules........................................................................................................1 CHAPTER 2 – DEFINITIONS
SEC. 201 Definition of Terms......................................................................................................2 CHAPTER 3 – EMPLOYMENT
SEC. 301 Citizenship..................................................................................................................4 SEC. 302 Residence Requirements............................................................................................4 SEC. 303 Age.............................................................................................................................4 SEC. 304 Recruitment ................................................................................................................4 SEC. 305 Application..................................................................................................................4 SEC. 306 Selection Process.......................................................................................................4 SEC. 307 Ineligibility or Disqualification ......................................................................................5 SEC. 308 Categories of Appointment .........................................................................................5 SEC. 309 Reappointment ...........................................................................................................6 SEC. 310 Continued Employment ..............................................................................................6 SEC. 311 Employee Performance Reports.................................................................................6 SEC. 312 Transfer......................................................................................................................6 SEC. 313 Promotion ...................................................................................................................6 SEC. 314 Demotion ....................................................................................................................7 SEC. 315 Suspension.................................................................................................................7 SEC. 316 Salary Reduction ........................................................................................................7 SEC. 317 Reinstatement ............................................................................................................7 CHAPTER 4 – COMPENSATION AND HOURS
SEC. 401 Employee Compensation Plan....................................................................................8 SEC. 402 Administration and Review of Employee Compensation Plan .....................................8 SEC. 403 Application of Salary Ranges and Rates.....................................................................8 SEC. 404 Advancement Within Salary Range ............................................................................8 SEC. 405 Special Salary Changes..............................................................................................9 SEC. 406 Standard Work Periods...............................................................................................9 SEC. 407 Exceptions to Standard Work Periods.........................................................................9 SEC. 408 Attendance ...............................................................................................................10 SEC. 409 Pay Periods ..............................................................................................................10 SEC. 410 Computation of Salary ..............................................................................................10 SEC. 411 Overtime Police: Definition........................................................................................10 SEC. 412 Overtime Compensation ...........................................................................................10 SEC. 413 Overtime Computation: Miscellaneous Employees on Standard Work Week...........10 SEC. 414 Stand-by Compensation ...........................................................................................11 SEC. 415 Overtime Not Applicable ...........................................................................................11 SEC. 416 Overtime Compensation: Police Officers and Police Corporals.................................12 SEC. 417 Overtime Compensation: Fire Fighters, Engineers, Training Officer, Bat. Chief ........12 SEC. 418 Overtime Conditions: Local Peril or Disaster.............................................................13 SEC. 419 Deductions ...............................................................................................................13 SEC. 420 Paid Holidays............................................................................................................13 SEC. 421 Compensation for Work on Paid Holidays.................................................................15 SEC. 422 Compensation During Attendance of Training Course During Vacation, Holidays, Day(s) Off..................................................................................................15 SEC. 423 Education Incentive: Sworn Police and Fire Department Personnel..........................15 SEC. 424 Briefing Time ............................................................................................................16 SEC. 425 Sick Leave Compensation ........................................................................................16 SEC. 426 Compensation for Temporary Work in Higher Classifications ...................................17 SEC. 427 Compensation for Fractions of Hours Worked ..........................................................17 SEC. 428 Investigation Assignment..........................................................................................18 SEC. 429 Retirement Compensation ........................................................................................18 SEC. 430 PERS Survivor Benefit..............................................................................................19 SEC. 431 Department Head Performance Incentive Program...................................................20 SEC. 432 Accumulation of Paid In-Lieu Holidays......................................................................20 SEC. 433 Bilingual Pay.............................................................................................................20 SEC. 434 Compensation for Certifications................................................................................20 SEC. 435 Non-Management Exempt Employee ......................................................................20 CHAPTER 5 – PROBATIONARY STATUS
SEC. 501 Probationary Period..................................................................................................21 SEC. 502 Departmental Probation: Transfer or Promotion........................................................21 SEC. 503 Objective of Probationary Period ..............................................................................21 SEC. 504 Probationary Employee Performance Reports ..........................................................21 SEC. 505 Rejection of Probationer ...........................................................................................21 CHAPTER 6 – ANNUAL VACATION LEAVE
SEC. 601 Purpose of Annual Vacation Leave...........................................................................22 SEC. 602 Eligibility for Annual Vacation Leave .........................................................................22 SEC. 603 Accrual of Annual Vacation Leave ............................................................................22 SEC. 604 Accumulation of Annual Vacation Leave...................................................................23 SEC. 605 Scheduling of Vacation Leave ..................................................................................23 SEC. 606 Working During Annual Vacation Leave....................................................................24 SEC. 607 Holidays Within Vacation Leave................................................................................24 SEC. 608 Illness Within Vacation Leave ...................................................................................24 SEC. 609 Payment of Annual Leave Upon Termination ...........................................................24 SEC. 610 Vacation in Lieu of Holidays for Public Safety Employees.........................................24 SEC. 611 Effect of Extended Military Leave..............................................................................25 CHAPTER 7 – SICK LEAVE
SEC. 701 Statement of Policy...................................................................................................26 SEC. 702 Eligibility for Sick Leave ............................................................................................26 SEC. 703 Accrual of Sick Leave ...............................................................................................26 SEC. 704 Accumulation of Sick Leave......................................................................................26 SEC. 705 Holidays Within Sick Leave.......................................................................................26 SEC. 706 Illness Within Vacation Leave ...................................................................................27 SEC. 707 Usage of Sick Leave.................................................................................................27 SEC. 708 Deduction of Sick Leave ...........................................................................................27 SEC. 709 Verification of Sick Leave Usage ..............................................................................27 SEC. 710 Workers Compensation ............................................................................................27 SEC. 711 Depletion of Sick Leave, Compensatory Time and Vacation Benefits .......................28 SEC. 712 Employee Rehabilitation ...........................................................................................28 SEC. 713 Compensation for Sick Leave Upon Termination ......................................................29 SEC. 714 Compensation for Sick Leave Upon Retirement .......................................................29 CHAPTER 8 – OTHER LEAVES OF ABSENCE
SEC. 801 Leave of Absence without Pay..................................................................................30 SEC. 802 Absence Without Leave............................................................................................30 SEC. 803 Leave of Absence: Death Outside the Immediate Family..........................................30 SEC. 804 Maternity...................................................................................................................30 SEC. 805 Employee’s Time Off to Vote ....................................................................................30 SEC. 806 Jury Duty: Leave of Absence ....................................................................................30 SEC. 807 Subpoenas: Leave of Absence .................................................................................30 SEC. 808 Leave for Attendance at Industrial Accident Commission Hearing or Related Physical Examinations..............................................................................................31 SEC. 809 Management Leave..................................................................................................31 SEC. 810 Bereavement Leave..................................................................................................31 SEC. 811 Educational Leave ....................................................................................................31 SEC. 812 Fire Department Administrative Time Off..................................................................32 CHAPTER 9 – TERMINATION OF EMPLOYMENT
SEC. 901 Termination: Resignation..........................................................................................33 SEC. 902 Termination: Absence Without Leave .......................................................................33 SEC. 903 Termination: Lack of Work or Funds .........................................................................33 SEC. 904 Termination: Non-Disciplinary Action ........................................................................33 SEC. 905 Termination: Disciplinary Action................................................................................33 SEC. 906 Retirement: Applicable Regulations ..........................................................................33 SEC. 907 Retirement: Miscellaneous Employees .....................................................................34 SEC. 908 Retirement: Public Safety Employees.......................................................................34 CHAPTER 10 – DISCIPLINARY PROCEEDINGS
SEC. 1001 Disciplinary Action: Definition....................................................................................35 SEC. 1002 Causes for Disciplinary Action ..................................................................................35 SEC. 1003 Persons by Whom Disciplinary Action May Be Taken...............................................36 SEC. 1004 Procedure Preceding Imposition of Disciplinary Action .............................................36 SEC. 1005 Imposition of Disciplinary Action ...............................................................................36 SEC. 1006 Extraordinary Circumstances....................................................................................36 SEC. 1007 Right of Appeal.........................................................................................................37 SEC. 1008 Right of Appeal: Hearing...........................................................................................37 SEC. 1009 Right of Appeal: Representation ...............................................................................37 SEC. 1010 Right of Appeal: Failure of Employee to Appear .......................................................37 SEC. 1011 Right of Appeal: Decision..........................................................................................37 SEC. 1012 Effect of Disciplinary Actions.....................................................................................37 SEC. 1013 Releasing of Information Relative to Disciplinary Action Against Municipal Employees................................................................................................................38 SEC. 1014 Informal Counseling with the City Manager...............................................................38 SEC. 1015 Non-Applicability.......................................................................................................38 CHAPTER 11 – GRIEVANCE PROCEDURES
SEC. 1101 Purpose of Chapter...................................................................................................39 SEC. 1102 Matters Subject to Grievance Procedure ..................................................................39 SEC. 1103 Informal Grievance Procedure ..................................................................................39 SEC. 1104 Formal Grievance Procedure....................................................................................39 SEC. 1105 Conduct of Grievance Procedure..............................................................................40 CHAPTER 12 – MISCELLANEOUS
SEC. 1201 Reports of Change of Status.....................................................................................41 SEC. 1202 Damage Claims ........................................................................................................41 SEC. 1203 Gratuities ..................................................................................................................41 SEC. 1204 Outside Employment ................................................................................................41 SEC. 1205 Tuition Reimbursement.............................................................................................41 SEC. 1206 Compensation for Use of Private Automobile in City Business .................................41 SEC. 1207 Uniform and Tool Allowance .....................................................................................41 SEC. 1208 Political Activity.........................................................................................................43 SEC. 1209 Conflict of Interest.....................................................................................................44 SEC. 1210 Damaged Equipment Review Committee .................................................................45 SEC. 1211 Management and Confidential Employees................................................................46 SEC. 1212 Insurance – Health, Dental and Vision......................................................................46 SEC. 1213 Insurance – Life ........................................................................................................46 SEC. 1214 Retirement................................................................................................................46 SEC. 1215 Deferred Compensation............................................................................................46 SEC. 1216 Personnel Files.........................................................................................................46 SEC. 1217 Position Reclassification ...........................................................................................47 SEC. 1218 Long Term Disability Plan.........................................................................................47 SEC. 1219 Employee Assistance Program Policy.......................................................................47 SEC. 1220 Flexible Benefits Program.........................................................................................47 SEC. 1221 Vehicle Use Policy....................................................................................................47 SEC. 1222 Fire Department Wellness Program..........................................................................48 CHAPTER 13 – EMPLOYER/EMPLOYEE RELATIONS
SEC. 1301 Purpose....................................................................................................................49 SEC. 1302 Definitions.................................................................................................................50 SEC. 1303 Filing of Recognition Petition ....................................................................................51 SEC. 1304 City Response to Recognition Petition......................................................................51 SEC. 1305 Open Period for Filing Challenging Petition...............................................................52 SEC. 1306 Election Procedure ...................................................................................................52 SEC. 1307 Procedure for Decertification of Recognized Employee Organization .......................53 SEC. 1308 Policy and Standards for Determination of Appropriate Units....................................53 SEC. 1309 Procedure for Modification of Established Appropriate Units.....................................54 SEC. 1310 Appeals ....................................................................................................................54 SEC. 1311 Submission of Current Information by Recognized Employee Organizations ............55 SEC. 1312 Employee Organization Activities – Use of City Resources.......................................55 SEC. 1313 Administrative Rules and Procedures .......................................................................55 SEC. 1314 Initiation of Impasse Procedures...............................................................................55 SEC. 1315 Impasse Procedures.................................................................................................55 SEC. 1316 Costs of Impasse Procedures...................................................................................56 SEC. 1317 Miscellaneous Provisions..........................................................................................56 SEC. 1318 Peace Officers ..........................................................................................................56 SEC. 1319 Severability...............................................................................................................56 INDEX
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CITY OF TULARE MERIT SYSTEM RULES AND REGULATIONS
CHAPTER 1 – GENERAL
SEC. 101 ADOPTION OF RULES AND REGULATIONS
The following rules and regulations have been adopted by the City Council of the City of Tulare in order to establish equitable and uniform procedures for dealing with personnel matters and to assure that appointment and promotion of employees will be based on a merit basis which will serve to attract to municipal service the best competent persons available. These rules and regulations shall not apply to the offices, positions and employments exempt under City Code Section 1.52.030, except to the extent provided in City Code Section 1.52.080. (Amending Resolutions: 3091) SEC. 102 ADMINISTRATION OF THE MERIT SYSTEM
The City Manager is the Human Resources Director and shall administer the merit system; shall have the power to appoint all offices and employees of all city departments; to remove same for cause and to exercise general control and supervision over same, subject to these rules and regulations. The City Manager may delegate any powers and duties conferred upon him/her as Human Resources Director under this chapter to any other officer or employee of the city.

SEC. 103 PURPOSE AND POLICY
The objectives of these rules are to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management in the municipal service. These rules set forth, in detail, those procedures which ensure similar treatment for those who compete for original employment and promotion, and define many of the obligations arising regarding wages, benefits, and prohibitions placed upon all employees in the municipal service.

SEC. 104 PERSONNEL POLICY
It is here declared the Personnel Policy of the City of Tulare that:
a. Employment and promotion by the City of Tulare shall be based on merit and fitness, free of personal and political considerations, and in no way shall be discriminatory because of race, color, religious creed, sex, age, national origin, ancestry, handicap, or marital status. (Amending Resolutions: 3145) b. No questions on any test or any application form or by any appointive authority shall be so phrased as to attempt to elicit information concerning race, color, ancestry, national origin, religious creed, age, marital status or political opinions or affiliations from the applicant. (Amending Resolutions: 3145)
c. Tenure of employees covered by these rules and regulations shall be subject to good behavior, satisfactory work performance necessary for the performance, and availability of funds.

SEC. 105 EMPLOYMENT CONSTITUTES ACCEPTANCE OF RULES
In accepting employment with the City of Tulare, each employee agrees to be governed by and to comply with the merit system rules and regulations, administrative rules and regulations established by the City Manager pursuant thereto and rules, regulations, and directions of the department in which he or she is employed. All employees holding a position in the municipal service on or after the effective date of these rules and regulations shall thereafter be subject in all respects to the provisions herein.

SEC. 106 VIOLATION OF RULES
Violation of the provisions of these rules shall be grounds for rejection, suspension, demotion or dismissal.
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CHAPTER 2 – DEFINITIONS
SEC. 201 DEFINITION OF TERMS
The following terms, whenever used in these rules and regulations, shall be defined as follows:

Aggrieved Person shall mean the employee or employees filing a grievance.

Appointing Authority shall mean the City Manager or his or her designated representative.

Call Back shall mean an unscheduled or emergency calling back of an employee to work during other than normal scheduled working hours and after said employee has been released by his or her supervisor.

Classification Plan shall mean a list of titles of the classes of all regular positions in the municipal service and a written specification shall include the class title and general description of the work, a summary statement of duties and responsibilities, desirable qualifications for appointment, and may include such other pertinent information as the City Manager may deem desirable.

Continuous Service shall mean employment on a regular basis which is not interrupted by terminations or leaves of absence for a period in excess of one year other than military leave.

Day shall mean calendar day unless expressly stated otherwise.

Discharge shall mean disciplinary termination of employment.

Disciplinary Probation shall mean a form of disciplinary action, as distinguished from probation for new employees as set forth in SEC. 501, for a specified time not to exceed one year. Persons placed on disciplinary probation may be terminated for failure to meet requirements. Rights, benefits, and privileges shall be reduced in conformance with SEC. 1012.

Examination
a. Open competitive examination shall mean an examination for a particular class which is open to all persons meeting the qualifications of the class. b. Promotional examination shall mean an examination for a particular class; admission to the examination being limited to regular and probationary employees of the city who meet the qualifications of the class.
c. Continuous examination shall mean an open, competitive examination which is administered periodically as a result of which names are placed on an eligibility list, in alphabetical order, for a period of not more than one year.

Grievance shall mean a specific charge by an employee or group of employees based on an event, condition or circumstance under which the employee works that a provision of the Personnel Rules and Regulations have been violated or misinterpreted.

Non-Pay Status shall mean the period in which an employee is not at work and has been granted a leave of absence without pay. While on non-pay status, the employee shall not be eligible for accrual of usual employee benefits, including, but not limited to, vacation, sick leave, holiday and seniority. (Amending Resolutions: 3091)
- 3 -
Pay Status shall mean the period in which an employee is at work, on vacation leave, sick leave, compensation leave as the result of an industrial accident, leave with full pay in lieu of temporary disability benefits, compensatory time off, paid military leave of absence, or an approved leave of absence with pay.

Promotion shall mean the movement of an employee from one class to another class having a higher maximum rate of pay.

Salary Range shall mean a series of progressive steps between a specific minimum and maximum rate.

Salary Schedule shall mean the composite of salary ranges assigned to specific positions in the municipal service.

Shift Personnel shall mean personnel of the Fire Department whose duty assignment is for twenty-four (24) consecutive hours – commencing at 8:00 a.m. and continuing for twenty-four (24) consecutive hours until 8:00 a.m. the following day.

Suspension shall mean the temporary removal of an employee from pay status for reasons of pending disciplinary action, for disciplinary action, for disciplinary reasons, or for other just cause.

Termination shall mean the separation of an employee from municipal service. Termination may be by death, discharge, reduction in forces, resignation, retirement, work completion, lack of work or funds or for non-disciplinary reasons as specified in SEC. 904.

Transfer shall mean the movement of an employee from one job classification to another wherein the same salary range is assigned to both job classifications. - 4 -
CHAPTER 3 – EMPLOYMENT
SEC. 301 CITIZENSHIP
Employment is open to qualified men and women regardless of citizenship, except that sworn personnel must comply with the provisions of Government Code Section 1031.5. (Amending Resolutions:
3091)
SEC. 302 RESIDENCE REQUIREMENTS
Employees shall not be required, as a condition of employment, to live within the Tulare city limits.

However, to facilitate response during emergency situations, employees are requested to live within a reasonable distance.

SEC. 303 AGE
The maximum age limit for all employees shall be that set forth by the California Public Employees’ Retirement System. A minimum age of 18 years shall apply to Fire Fighter classifications. A minimum age of 21 years shall apply for sworn police classifications. (Amending Resolutions: 3091) SEC. 304 RECRUITMENT
Recruitment for qualified applicants will be conducted as necessary in order to ensure that the city will have available applications of interested qualified persons for possible employment. The notices of employment shall be publicized by posting announcements on all official bulletin boards, advertisements in newspapers and magazines, or given to reputable agencies offering the services which will bring response from qualified persons, and by such other methods as the Human Resources Office deems available. Special recruiting shall be conducted, if necessary, to ensure that all segments of the community are all aware of the available employment opportunities. The city, however, shall not pay for any fee or service charge for any applicant who is referred to it by an employment agency. Job announcements shall be prepared and specify a title and pay of the class for which the city is recruiting, the nature of the work to be performed, preparation desirable for the performance of the work of the class, the manner of making application, and other pertinent information.

SEC. 305 APPLICATION
All candidates for employment shall file an application on official city application forms. Application forms shall require information covering training, experience, and other pertinent information, and may include certificates of one or more examining physicians, references, and fingerprinting. All applications must be signed by the person applying.

SEC. 306 SELECTION PROCESS
The technique used in the selection process shall be impartial and will relate to those subjects which, in the opinion of the Human Resources Director, fairly measure the relative capabilities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examination shall consist of selection techniques which test fairly those qualifications of candidates such as, but not necessarily limited to, written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical tests, successful completion of prescribed training, or any combination of these or other tests. Each candidate in an examination shall be given written notice of the results thereof, and, if successful, his or her name will appear in alphabetical order on the eligibility list. Selection for appointment shall be made by the appointing department head, with the concurrence of the City Manager, from the eligibility list. An eligibility list shall remain in effect until exhausted or six months, unless extended for a maximum of two years in six month increments by the Human Resources Director. The appointment shall become effective when a selected applicant commences work. (Amending Resolutions: 95-4153) - 5 -
SEC. 307 INELIGIBILITY OR DISQUALIFICATION
The Human Resources Director may reject any application or may withdraw any one from consideration whose appointment will be contrary to the best interests of the city. Reasons for disqualification may include, but shall not be limited to, the following deficiencies:
a. Does not possess the minimum qualifications required by the position. b. Physical or mental disability such as to render the applicant unfit to perform the duties of the position to which appointment is sought.
c. Addiction to the habitual excessive use of drugs or intoxicating liquor. d. Conviction of a felony or a crime involving moral turpitude. e. Intentional deception or fraud in making the application. f. Request by an applicant that his/her name be withdrawn from consideration. g. Failure to reply within a reasonable time, as specified by the Human Resources Office, to communications regarding availability of employment. h. Disqualification of unsuitability for employment as specified in any city or pertinent departmental rules and regulations.

Whenever an application is rejected, notice of such rejection, with a statement of reasons, shall be mailed to the applicant by the Human Resources Office. Defective applications may be returned to the applicant with notice to amend the same.

SEC. 308 CATEGORIES OF APPOINTMENT
Employment in a municipal service is divided into the following categories:
a. Regular
Regular employees are those who have been appointed to an authorized position in the employee compensation plan having a monthly salary and who have successfully completed a probationary period and have been retained as thereafter provided in Chapter 5 of these rules and regulations. The City Manager shall be considered a regular employee and shall be subject to all provisions of these rules and regulations, except Chapters 10 and 11. b. Probationary
Probationary employees are those who have been through the regular examining process, have been appointed to an authorized position in the employee compensation plan having a monthly salary, but who have not yet completed the probationary period provided in Chapter 5 of these rules and regulations.
c. Regular Part Time
Regular part time employees are those that been appointed to an authorized position in the employee compensation plan having a monthly salary with an hourly equivalent who work at least twenty (20) hours, but less than a standard forty (40) hour work week throughout the entire year, and who have successfully completed a probationary period and have been retained as thereafter provided in Chapter 5 of these rules and regulations. Regular part time employees shall receive all employee benefits in a manner proportional to the number of hours worked each week and the standard forty (40) hour work week, to include accrued hours for vacation, sick time, and holidays. Medical benefits provided for the employee will be at a shared expense proportional to the normal assigned budgeted work schedule of the employee - 6 -
(i.e. an employee working twenty [20] hours per week shall be responsible for 50 per cent of the employee share of the employee medical premium). Regular part time employees hired prior to October 1, 2005 are grandfathered from paying a portion of the employee medical premium. (Amending Resolutions: 06-5308) d. Seasonal Part Time
Seasonal part time employees are those hired in a position expected to last less than a full year and/or paid on a hourly basis. Unless hourly rates are listed for specific seasonal employees by job titles on the employee compensation plan, they shall be compensated a hourly rate equivalent to the applicable salary range and step. Seasonal employees do not receive regular employee benefits and may be suspended, demoted, or terminated any time by the department head without cause and without recourse to the appeal procedure as provided in Chapters 10 and 11. (Amending Resolutions: 2843)
e. Temporary
Temporary employees are those hired through the regular examining process who have been appointed to a position which is not authorized in the annual budget as approved by the City Council. Continuation of employment after a period customarily designated as a probationary period is entirely dependent upon the availability of funds for the temporary position.

SEC. 309 REAPPOINTMENT
With the approval of the appointing power and the City Manager, a regular employee or probationary employee who has completed at least six months of probationary service and who has resigned with a good record may be reinstated within two years of the effective date of resignation to a vacant position in the same or comparable class. Upon reappointment, the employee shall be subject to the probationary period prescribed for that class. No credit for former employment shall be granted in computing salary, vacation, sick leave, or other benefits except on a specific recommendation of the appointing authority and approval of the City Manager at time of reappointment.

SEC. 310 CONTINUED EMPLOYMENT
The continuation of employment of any employee of the City of Tulare is entirely dependent upon satisfactory work performance of the employee and the necessity for the performance of the work and availability of funds.

SEC. 311 EMPLOYEE PERFORMANCE REPORTS
A performance report of each regular employee shall be made at the end of the employee’s probationary period and annually thereafter. The report shall be recorded on a “City of Tulare Performance Evaluation” form by the department head or supervisor and forwarded to the Human Resources Office.

Merit increases must be accompanied by a Performance Report.

SEC. 312 TRANSFER
Employees may request a transfer from one department to another within municipal service. However, the employee to be transferred must meet the minimum requirements established for his/her new classification. Employees requesting transfer shall notify the Human Resources Office of such request.

The employee’s name shall be placed on a transfer list in the requested classification by date and time of request. (Amending Resolutions: 2765)
SEC. 313 PROMOTION
It is the expressed policy of the City of Tulare to encourage the advancement of personnel within the organization; promotional examinations for vacancies will be conduced as the needs of the city require. Promotional opportunities (available to city employees) will be posted on official bulletin boards selected by the Human Resources Office at least three working days before the selection begins. - 7 -
SEC. 314 DEMOTION
An employee may be demoted when his/her performance of required duties falls below standards; for reasons set forth in SEC. 1002; when the need for a position no longer exists; or when the employee requests such demotion. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. Written notice of a demotion for disciplinary reasons shall be given as provided in SEC. 1004.

SEC. 315 SUSPENSION
An employee may be suspended at any time for reasons set forth in SEC. 1002, or for other just cause. Written notification of suspension shall be given as provided in SEC. 1004.

SEC. 316 SALARY REDUCTION
An employee may have his/her salary reduced when his/her performance falls below standards, or for reasons set forth in SEC. 1002. The reduced salary may be any step of the employee’s current salary range.

SEC. 317 REINSTATEMENT
The City Manager may reinstate any suspended employee for good cause and, upon such reinstatement, compensate, in all or in part, such employee for lost time. - 8 -
CHAPTER 4 – COMPENSATION AND HOURS
SEC. 401 EMPLOYEE COMPENSATION PLAN
An employee compensation plan shall be established to provide salary schedules, salary rates, salary ranges and steps. Each class in the city classification plan shall be assigned a salary range or a rate established in the compensation plan. All persons employed by the city shall be compensated in accordance with the compensation plan in effect.

SEC. 402 ADMINISTRATION AND REVIEW OF EMPLOYEE COMPENSATION PLAN The City Council shall administer the employee compensation plan for the City Clerk, City Attorney and City Manager. The Human Resources Director shall administer a compensation plan for all other employees. At least once a year, the Human Resources Director shall recommend to the City Council an appropriate salary range classification. In case the salary range for classes is changed by the City Council, all employees whose positions are allocated to this class shall be adjusted to the corresponding step in the new range.

SEC. 403 APPLICATION OF SALARY RANGES AND RATES
a. Appointment
Initial appointments to classes assigned in a pay range in the City Compensation Plan shall be at the first step of the salary range, provided that the City Manager may make an appointment to a position at a higher salary step when, in his/her opinion, it is difficult to obtained qualified personnel at the starting salary or when it appears that the education or experience of the proposed employee is substantially superior to that required of the class and justifies a beginning salary in excess of the first step.
b. Promotion
Any employee receiving a promotion shall start at the first step of the salary range of the class to which he/she is promoted and be eligible for merit increases as elsewhere provided, unless his/her present salary is equal to or exceeds the first step of the class to which he/she is promoted. In that event, the employee shall be assigned to the step in the salary range to which he/she is promoted that is the equivalent of approximately a five per cent (5%), and not to be less than four per cent (4%), increase in salary.

When the promotion includes the assignment of the responsibility for supervision over others, the salary level shall be increased by assigning the promoted employee to a higher step within the salary range to allow his/her annual salary to be above the salary of those he/she supervises. (Amending Resolutions: 06-5308)
c. Transfer
Any employee transferred to a position which has a different job classification title shall assume the salary range appropriate for his/her new classification. The salary step shall be appropriate as provided in “a” (Appointment) above.

SEC. 404 ADVANCEMENT WITHIN SALARY RANGE
An employee shall be considered for salary advancement normally, as a general rule, according to the following general plan:
a. The letters A, B, C, D and E, respectively, denote the various steps in the pay range. b. Salary Step A shall be paid upon initial employment and for a period of six months. - 9 -
c. Salary Step B will be based upon completion of six months of employment where the employee has demonstrated satisfactory job progress and normally increasing productivity. d. Salary Step C will be paid upon completion of one year of employment in Salary Step B where the employee has demonstrated satisfactory job progress and normally increasing productivity. e. Salary Step D will be based upon completion of one year of employment in Salary Step C where the employee has demonstrated job progress and productivity to the satisfaction of his/her supervisors.
f. Salary Step E will be based upon completion of one year of employment in Salary Step D where the employee has demonstrated job progress and productivity which are above the average expected for the class and upon approval of the City Manager. (Amending Resolutions: 3091)
SEC. 405 SPECIAL SALARY CHANGES
The salary of any employee may be decreased or increased at any time to a different salary step within the salary range by the City Manager upon the recommendation of the department head that the quality, quantity or manner of performance of services do not justify the salary received. Decreases in salary shall be processed in accordance with SEC. 314.

SEC. 406 STANDARD WORK PERIODS
The standard work period for city employees shall be as follows:
a. Miscellaneous Classifications and Police Department Employees Those employees whose job classification places them in the miscellaneous group of employees shall work forty (40) hours in a standard work week of seven consecutive days.

The designated work week for miscellaneous employees on a standard work week schedule shall commences at 12:01 a.m. on Saturday and run through midnight on the following Friday; except that the work week for employees of the Library Division shall commence at 12:01 a.m. on Monday and run through midnight on Sunday. (Amending Resolutions: 01-4783) b. Fire Department Shift Personnel
The standard work period for shift personnel in the Fire Department shall be fifty-six (56) hours per week. The work schedule shall be the three (3) and four (4) work schedule. Effective January 2006, for a one year trial basis, the shift schedule shall be a 48/96 work schedule. In April 2006, the parties will meet and consult to discuss any concerns regarding functionality of the new schedule. In October 2006, the city will meet and consult with the bargaining unit to determine if the schedule shall remain in effect. (Amending Resolutions: 3091, 01-4783, 06-5308) c. Sworn Police Officers
The standard work period for sworn Police Officers shall be eighty-six (86) hours within a fourteen (14) consecutive day period. (Amending Resolutions: 06-5308) SEC. 407 EXCEPTIONS TO STANDARD WORK PERIODS
a. The City Manager is hereby authorized to designate other work periods for other employees when, in his/her opinion, the best interests of the city may be served by such adjustment of standard work periods and hours. The procedure for making adjustments in the standard work period in hours shall be consistent with provisions of Section 3504.5 of the Government Code. b. Schedules for miscellaneous employees, other than those on a standard work week, shall be posted at least ten (10) calendar days prior to implementation, except in an emergency when notice shall be given as soon as possible. (Amending Resolutions: 2765) - 10 -
SEC. 408 ATTENDANCE
In every case in which a regular employee is not present for duty, his/her absence shall be reported by the department head to the Finance Office on the city’s Personnel Action Form (bi-weekly leave of absence form). Since seasonal part time and temporary employees are not entitled to leave, only actual time worked will be reported. The time sheet form shall be used for this purpose.

Personnel Actions Forms and time sheets shall be forwarded to the Finance Office no later than the first working day following the payroll cut-off date. A schedule of payroll cut-off dates and pay days shall be published annually by the Finance Department.

SEC. 409 PAY PERIODS
Pay periods for all employees shall be bi-weekly and salaries shall be paid on alternate Fridays.

When a regular pay day coincides with a holiday, pay checks will be issued on the work day nearest that holiday. Salaries will be paid only on regular pay days unless an employee is on an authorized leave of absence on that day and his/her department head makes a written request to the Finance Director for early release of the pay check. Employees leaving the municipal service will normally be paid on the day of termination and upon written clearance from the department concerned that the employee returned all city owned tools, clothing, keys and equipment. The method of distributing payroll checks shall be established by the City Manager. (Amending Resolutions: 3634) SEC. 410 COMPUTATION OF SALARY
Salaries for all authorized city positions are set forth in the City Compensation Plan. Conversion of monthly salaries to hourly rates shall be determined by dividing the monthly salary by 173.333 for nonshift employees, 186.33 for twelve (12) hour shift employees, and for twenty-four (24) hour shift employees the monthly salary shall be divided by 242.666 based on a fifty-six (56) hour work week. (Amending Resolutions: 01-4783)
SEC. 411 OVERTIME POLICY: DEFINITION
It is the policy of the City of Tulare that overtime work be kept to the minimum consistent with the protection of life, property and the efficient operation of the departments and activities of the city, and that overtime work be compensated with time off where practical. Overtime work shall be authorized only with the prior authorization of the department head or, in emergencies where prior department head authorization cannot be issued, first line supervisors may approve overtime. Overtime work for all eligible employees, except where otherwise provided in SECs. 415, 416 and 417, shall be defined as any time worked beyond forty (40) hours in a standard work week. The use of sick leave, vacation and holidays shall be included in the definition of time worked. (Amending Resolutions: 3228) SEC. 412 OVERTIME COMPENSATION
Compensation for overtime, where practical, shall be compensated for by compensatory time off.

Wherever working overtime is optional, the city shall reserve the right to determine method of payment, i.e. compensatory off or cash. Where working overtime is mandatory, the method of payment shall be at the option of the affected employee. The use of compensatory time shall be by request of the affected employee and with official city approval. At no time may any employee accumulate more than 120 hours of compensatory time off. Once this limited is reached or exceeded, all overtime in excess of 120 hours shall be paid in cash. (Amending Resolutions: 97-4330) SEC. 413 OVERTIME COMPUTATION: FOR MISCELLANEOUS EMPLOYEES ON A STANDARD

WORK WEEK
Miscellaneous employees on a standard work week shall be compensated, by pay or compensatory time off, for overtime at the rate of one and one-half the hourly rate for all hours worked in excess of forty (40) hours per designated work week. Except as otherwise provided in SEC. 414, employees called back to work after having been released by their supervisor shall be given a minimum of two (2) - 11 -
hours to be compensated by compensatory time or overtime pay at time and one-half. (Amending Resolutions: 3228) SEC. 414 STAND-BY COMPENSATION
Stand-by positions are hereby authorized in the following divisions: Water, Street, Wastewater, Sewer, Parks, and Fleet Maintenance. The use of stand-by personnel shall be at the discretion of the department head with the approval of the City Manager. The department head shall be responsible for the appointment of the individual to serve on stand-by duty. Those employees who are on stand-by may be contacted by any of the following methods, which shall include, but not be limited to: telephone, city radio or pagers.

Those employees on stand-by who do not respond within thirty (30) minutes of call out shall be subject to the loss of stand-by compensation for that day. An employee who fails to report within thirty (30) minutes a second time, within a six (6) month period, shall be subject to discipline in accordance with Chapter 10, beginning with Section 1001, of these Personnel Rules and Regulations. In addition, at the discretion of the department head, those employees who fail to respond within thirty (30) minutes on two or more occasions within a six (6) month period, may be declared ineligible for stand-by compensation, a. Employees in the Water, Street, Sewer, Parks and Fleet Maintenance Divisions who remain on stand-by for the week (8:00 a.m. Friday to 8:00 am. Friday) shall be compensated at the rate of two (2) hours of pay per day of stand-by. No such employee shall receive less than $160.00 per week of stand-by duty. Any employee serving stand-by for less than the full week shall receive two (2) hours of pay per day or $23.00 per day, whichever is greater. If, for some reason, an employee cannot complete a full day’s shift of stand-by and another employee is brought in to complete the day, the two (2) hours, or $23.00, will be prorated accordingly.

Each time an individual is called back to work while on stand-by, he/she shall be compensated by one and one-half times for actual hours worked with a minimum pay for one (1) hour. This applies each time an employee is called back to work. Call back on a city observed holiday shall receive a minimum of three (3) hours pay at the time and one-half rate. (Amending Resolutions: 01-4783) b. Employees in the Wastewater Treatment Division who remain on stand-by for the week (4:00 p.m. Monday to 7:30 a.m. Friday) shall be compensated at the rate of two (2) hours of pay per day of stand-by. Employees on stand-by for the weekend (4:00 p.m. Friday to 7:30 a.m. Monday) shall be compensated at the rate of one (1) hour for Friday, three (3) hours for Saturday, three (3) hours for Sunday, and one (1) hour for Monday of pay or compensatory time. Each time an individual is called back to work while on stand-by, he/she shall be compensated by one and one-half times for actual hours worked. Call back on a city observed city holiday shall receive a minimum of three (3) hours at the time and one-half rate. (Amending Resolutions: 03- 4969)
SEC. 415 OVERTIME NOT APPLICABLE
Overtime shall not apply to those designated as Management and Confidential, with the exceptions listed below:
a. Police Sergeants shall be paid overtime for hours required in court. b. Overtime compensation, by pay or compensatory time off, may be granted by department heads to first line supervisory employees who accumulate an extraordinary amount of overtime as a result of unusual or emergency circumstances, in accordance with administrative policy established by the City Manager.
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c. Overtime may be granted to management and confidential employees in special instances as authorized by the City Manager.
(Amending Resolutions: 3221)
SEC. 416 OVERTIME COMPENSATION: POLICE OFFICERS AND POLICE CORPORALS a. General Provisions
Police Officers shall be paid overtime or receive compensatory time off for all time worked beyond eighty six (86) hours within a fourteen (14) day duty period on a time and one-half basis.

There shall be granted a minimum of two (2) hours overtime for employees called back to work after having been released. Court “stand-by” compensation shall be compensated at the rate of time and one-half for two (2) hours in the morning and two hours in the afternoon. Court call-back compensation shall remain at two (2) hours at time and one-half whenever called. An Officer shall not be compensated for court stand-by and court call-back for the same morning or afternoon block of time. Off duty Police Officers required to attend monthly firearms qualifying sessions shall be granted one (1) hour overtime per month in lieu of any travel time and expenses related to these qualifying sessions as long as the firearms range is not in the Tulare area. Overtime shall be granted for sworn Police Officers required to be instructors of in-service training courses. One (1) hour of overtime shall be granted when a work shift is affected by the time change from daylight savings time to standard time. Payment for a full work shift shall be granted when time changes from standard time to daylights savings time. (Amending Resolutions: 3554)
b. Compensation for Position of Acting Sergeant or Captain When Police Officers are required to serve in an acting position of Police Sergeant or Police Captain for five (5) or more shifts in a thirty-five (35) consecutive day period, such acting ranks shall be compensated for at a rate of $6.00 per shift for the rank of Acting Police Sergeant, and $9.00 per shift for the rank of Acting Police Captain. The thirty-five (35) day period shall commence with the first shift scheduled in an acting position and terminate thirty-five (35) days thereafter. Such pay for acting positions shall be included on the employee’s paycheck as overtime and paid in accordance with those procedures administered by the Finance Department. Each thirty-five (35) day period to be established for compensation for acting ranks shall not overlap with a preceding thirty-five (35) day period, and shall not be required to immediately begin upon termination of a thirty-five (35) day period. Police Corporals shall not receive acting pay when acting as Sergeant. (Amending Resolutions: 3376, 06-5308) c. Compensation for Investigations Stand-By
Officers assigned to the Investigations Division who are required to be on stand-by shall be compensated at the rate of $2.00 per hour exclusive of any other provisions of the City of Tulare Personnel Rules and Regulations. Stand-by compensation for said Officers shall not exceed 126.75 hours in any seven (7) day period. If an employee on stand-by is called back to work, those hours for which he is compensated will not be considered stand-by. No more than one (1) Officer can be on stand-by at any given time. (Amending Resolutions: 01-4783) SEC. 417 OVERTIME COMPENSATION: FIRE FIGHTERS, FIRE ENGINEERS, FIRE CAPTAIN

TRAINING OFFICER, AND ADMINISTRATIVE BATTALION CHIEF
a. General Provisions
Twenty-four (24) hour duty shift Fire Fighters, Fire Engineers and Fire Captains shall be paid overtime or receive compensatory time off at the rate of time and one-half their hourly rate of pay for hours worked in excess of 204 hours in a twenty-seven (27) day work period. Said personnel shall receive a minimum of two (2) hours when called back to work or to attend a mandatory meeting. (Amending Resolutions: 95-4130)
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b. Compensation for Position of Acting Captain or Engineer When shift personnel of the Tulare Fire Department are required to serve in an acting position of Fire Captain or Fire Engineer for more than eight (8) hours, such ranks shall be compensated for at that rate of $20.00 per shift for the rank of Acting Engineer and $25.00 per shift for the rank of Acting Captain. Acting pay will be paid to one (1)person per position per shift per station. Exceptions to include covering for sick leave, family sick, strike team and any other unforeseen circumstances that the city has generated. Such pay for acting position shall be included on the employee’s paycheck as overtime and paid in accordance with those procedures administered by the Finance Department. (Amending Resolutions: 01-4768) c. Compensation for Apparatus Incentive Pay
Twenty-four (24) hour shift Fire Fighters required to drive or operate a piece of apparatus to an emergency call shall be compensated in the amount of $5.00 per shift. Only one Fire Fighter is eligible per twenty-four (24) hour shift. (Amending Resolutions: 01-4768) (Previous sub-section c – Compensation for Position of Division Chief – rescinded by Resolution 06- 5308)
d. Compensation for Fire Captain Training Officer and Administrative Battalion Chief Effective July 1, 2006, both the Administrative Battalion Chief and the Fire Captain assigned the duty of Training Officer and assigned to work a forty hour work week shall receive a 7 per cent salary differential. Said salary differential shall commence upon assignment, and shall terminate when the individual is no longer assigned to the forty hour work week. (Amending Resolutions: 06-5371)
SEC. 418 OVERTIME CONDITIONS: LOCAL PERIL OR DISASTER
In case of disaster, state of extreme emergency or local peril, the overtime procedures herein established shall not be in effect and compensation procedures will be determined at that time for such conditions.

SEC. 419 DEDUCTIONS
Deductions from employees’ pay shall be made in accordance with prevailing laws, contracts and administrative rules and procedures established by the City Manager.

SEC. 420 PAID HOLIDAYS
a. Regular Holidays for Pay Purposes
Effective July 1, 1977, with the exception hereinafter stated, holidays for all officers and employees of the public offices of the City of Tulare shall be as follows:

1. January 1 (New Year’s Day)

2. The third Monday in January (effective 1994) (Martin Luther King, Jr. Birthday)

3. The third Monday in February (Presidents’ Day)

4. The last Monday in May (Memorial Day)

5. July 4 (Independence Day)

6. The first Monday in September (Labor Day)

7. November 11 (Veterans Day)

8. The fourth Thursday in November (Thanksgiving Day)
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9. The day after Thanksgiving Day

10. December 25 (Christmas Day)

11. The employee’s date of birth

12. Two (2) days in lieu of September 9 (Admission Day) and the second Monday in October (Columbus Day), subject to the same rules and regulations as annual vacation leave and shall be credited to the employee as of July 1 for the current calendar year. Any new or reappointed employee whose appointment begins after July 1 of any year shall not be credited for the two (2) in-lieu holidays until the following July 1. Any regular employee who is on a non-pay status July 1 shall be credited with the two (2) in-lieu holidays immediately upon returning to a pay status.

13. Every day appointed by the President of the United States or the Governor of California for public fast, thanksgiving, mourning or holidays as determined by the City Manager.

If any of the foregoing holidays fall on Saturday, the preceding Friday shall be observed as a holiday. If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed as a holiday. If any of the foregoing holidays fall on an employee’s normal day off, except Saturday or Sunday, they shall be credited to vacation. (Amending Resolutions: 3887)
b. Solid Waste and Wastewater Treatment Employees

1. Except for New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, paid holidays shall not be observed by employees in the Solid Waste Division. Solid Waste employees working on non-observed holidays shall receive eight (8) hours of holiday pay at straight time, and shall receive time and one-half for each hour worked. Employees will be allowed to use comp time or vacation leave to make up a full forty (40) hour work week. (Amending Resolutions: 03-4969, 04-5103)

2. Wastewater employees required to work on a holiday shall receive eight (8) hours of holiday pay at straight time and shall receive time and one-half for each hour worked. Employees will be allowed to use comp time or vacation leave to make up a full forty-(40) hour work week. (Amending Resolutions: 3091, 04-5103)
c. Sworn Police Shift Personnel
Sworn Police shift personnel shall receive thirteen (13) days of annual vacation in lieu of holidays. In lieu of taking off six (6) of the thirteen (13) days granted in lieu of holidays, each sworn Police shift personnel shall be paid for the six (6) days on the first paycheck in December. (Amending Resolutions: 3434, 95-4130, 06-5308) d. Fire Shift Personnel
Fire shift personnel shall receive thirteen (13) days (104 hours times 1.4 multiplier or 145.6 hours) of annual holiday time. In lieu of taking off eight (89.6 hours) of the thirteen (13) days granted in holidays, each sworn fire shift personnel shall be paid for the eight (8) days – 44.8 hours the first paycheck in June and 44.8 hours the first paycheck in December. The remaining 56 hours (divided by 26 pay periods) shall be put into a “holiday leave bank”. This bank will be subject to the same accumulation of annual vacation leave in the fact that employees may carry over a maximum accumulation of one (1) year’s annual vacation leave, for a maximum credit of two (2) years’ annual leave. (Amending Resolutions: 05-5244, 06-5308) - 15 -
e. Paid Days in Lieu of Holidays at Termination
Regular employees of the Police and Fire Departments leaving municipal service with accrued pay days in lieu of holidays who give at least two (2) weeks of notice of their intention to terminate shall be paid the amount of accrued days in lieu of holidays to the day of termination.

Payment for accrued days in lieu of holidays shall be at the employee’s current rate of pay. (Amending Resolutions: 2582)
SEC. 421 COMPENSATION FOR WORK ON PAID HOLIDAYS
Regular and probationary employees assigned to work on holidays shall receive compensatory time off or pay in lieu of compensatory time off as recommended by the department head subject to the approval of the City Manager, except as otherwise provided in SEC. 420(b), (c) and (d). All requests for holiday pay in lieu of compensatory time off shall be made by memorandum to the City Manager and approved by him/her in advance of payment by the Finance Department.

SEC. 422 COMPENSATION DURING ATTENDANCE OF A TRAINING COURSE DURING

VACATION, HOLIDAYS, DAY OFF
City employees should feel free to attend training courses that are available during their vacation, holidays or days off if they so desire, however, compensation for attendance for training courses held during days off, weekends, vacations or holidays will be authorized only where employees have been directed by the department head to attend such on the following basis:
a. Holidays
Employees directed to attend training courses will be compensated as provide in SEC. 421. b. Vacations
Employees scheduled to attend training courses held during their vacation days will be allowed to reschedule their vacation days.
c. Days Off or Off Duty Shifts
Employees directed to attend training courses on their days off or off duty shifts will be compensated as provided in SEC. 412, 416 and 417. Whenever an employee is out of the city for a number of days on a training course, such as one week seminars, etc., the regular working schedule has no relationship to working hours while in school or in seminars and no special compensation other than regular pay and attendance expenses will be authorized. Under unusual circumstances, deviation from the foregoing procedure may be warranted by department heads, however, only after receiving approval from the City Manager.

SEC. 423 EDUCATION INCENTIVE: SWORN POLICE AND FIRE DEPARTMENT PERSONNEL An education incentive program shall be available to all sworn employees of the Fire and Police Departments through the ranks of Fire Battalion Chief and Police Captain. (Amending Resolutions: 06- 5308)
a. The education incentive program for sworn Fire Department employees shall be as follows:

1. A payment of $37.50 per month shall be granted with the completion of 30 units of acceptable college credit (20 units in Fire Science) and a minimum of two years of full time paid fire service.

2. A payment of $75.00 per month shall be granted within the completion of 60 units of acceptable college credit (20 units in Fire Science) and a minimum of three years of full time paid fire service.
(Amending Resolutions: 01-4768)
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b. The education incentive program for sworn non-probationary Police Officers shall be as follows:

1. A payment of $37.50 per month shall be granted with the completion of 30 units of acceptable college credit (20 units in Police Science) and two years of police service or an Intermediate POST Certificate.

2. A payment of $75.00 per month shall be granted with the completion of 60 units of acceptable college credit (20 units in Police Science) and three years of police service or an Advanced POST Certificate.

3. A payment of $150.00 per month shall be granted for a Bachelors Degree in Public Administration, Criminal Justice Administration, Business Management or related field with a minor in Police Science and four years of police service. (Modified by Memorandum of Understanding ratified by the City Council October 19, 1999) c. The employee must provide validated evidence of education completed to the Human Resources Director prior to the granting of respective education incentive payments. (Amending Resolutions: 3629)
SEC. 424 BRIEFING TIME
Police employees required to attend pre-shift briefing sessions shall be compensated for that time at the employee’s current rate of pay for a maximum of 15 minutes per shift, in accordance with SEC. 411, 412, 413 and 416.

SEC. 425 SICK LEAVE COMPENSATION
a. Upon Honorable Separation
An employee having a minimum of ten (10) years of regular service with the City of Tulare shall be compensated for 25 per cent (50 per cent for employee designated as Management and Confidential) of his/her unused sick leave balance upon honorable separation, at his/her rate of pay at said separation.
b. Annual Compensation for Employees Not Covered Under SEC. 425(c), (d) or (f) Each year 25 per cent (50 per cent for employees designated as Management and Confidential) of the earned sick leave exceeding 132 days shall revert to vacation or shall be compensated for at the employee’s current rate of pay, at the option of the employee, and the total accumulation shall be reduced to 132 days. (Amending Resolutions: 03-4969, 06-5308) c. Annual Compensation for Twenty-Four (24) Hour Shift Personnel Each year, 25 per cent (50 per cent for employees designated as Management and Confidential) of the earned sick leave exceeding 1344 hours shall revert to vacation or shall be compensated for at the employee’s current rate of pay, at the option of the employee, and the total accumulation shall be reduced to 1344 hours.
d. Annual Compensation for Non-Management Sworn Police Personnel Each year 25 per cent (50 per cent for employees designated as Management and Confidential) of the earned sick leave exceeding 120 days shall revert to vacation or shall be compensated for at the employee’s current rate of pay, at the option of the employee, and the total accumulation shall be reduced to 120 days. For employees hired on or after July 1, 2005, total accumulation shall be reduced to 60 days. (Amending Resolutions: 03-4969, 06-5308) e. Upon Retirement

1. An employee having a minimum of ten (10) years of regular service with the City of Tulare shall be compensated for 40 per cent (50 per cent for employees designated as - 17 -
Management and Confidential) of his/her unused sick leave balance upon retirement, at his/her rate of pay at said retirement. The remaining balance not cashed out will be credited to PERS. At the option of the employee, up to 100 per cent of the unused sick leave can be credited to PERS. (Amending Resolutions: 97-4330, 06-5308)

2. Twenty-four (24) hour non-management shift personnel and non-management sworn police personnel having a minimum of ten (10) years of regular service with the City of Tulare shall be compensated for 35 per cent (50 per cent for employees designated as Management and Confidential) of his/her unused sick leave balance upon retirement, at his/her rate of pay at said retirement. The remaining balance not cashed out will be credited to PERS. At the option of the employee, up to 100 per cent of the unused sick leave can be credited to PERS. (Amending Resolutions: 3740, 06-5308) f. Annual Compensation for Management Non-Shift Police and Fire Personnel Each year, 50 per cent of the earned sick leave exceeding 120 days shall revert to vacation or shall be compensated for at the employee’s current rate of pay, at the option of the employee, and the total accumulation shall be reduced to 120 days. (Amending Resolutions: 06-5308) SEC. 426 COMPENSATION FOR TEMPORARY WORK IN HIGHER CLASSIFICATIONS a. Miscellaneous employees required to work in a higher classification, for a period of fourteen (14) or more consecutive days, shall be compensated at an additional 7½ per cent pay or at the appropriate compensation for the position being filled, whichever is less, for the entire period worked. b. Except in an emergency, no employee may be assigned to work out of his/her proper classification without written notification in advance. c. In cases of extended absence, an employee assigned to work out of classification and able to perform the duties satisfactorily shall not be removed from the assignment until the absent employee returns to duty. d. In cases where any employee feels he/she is working out of classification, said employee must appeal to his/her immediate supervisor within seven (7) days with a copy of said appeal forwarded to the Human Resources Office. e. Modification of Shifts, Schedules and Working Hours – Street and Water Divisions Effective July 1, 1992, the city has the flexibility in the assignment of certain personnel to modify work shifts after proper notification is provided to the affected employees. Proper notification is defined as being in writing and provided at least seven (7) calendar days in advance of any change. This provision shall apply to new hires and shall sunset December 31, 1994, unless modified through the meet and confer process, and shall be applicable to employees hired in the Street and Water Divisions. Any flexibility in shifts shall be to fix a shift within the hours of 7:00 a.m. and 5:00 p.m. In addition, the city has flexibility to schedule breaks and lunches of bargaining unit members to ensure availability of services. (Amending Resolutions:
3887)
f. The parties agree to an assignment pay of 10 per cent for classifications not traditionally assigned supervisorial duties which serve as lead worker over inmate labor crews for more than 80 per cent of the position’ time. (Amending Resolutions: 03-4969) SEC. 427 COMPENSATION FOR FRACTIONS OF HOURS WORKED
Fractions of hours worked shall be compensated as follows:
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0 – 7.5 minutes no payment

7.5 – 22.5 minutes .25 hour

22.5 – 37.5 minutes .50 hour

37.5 – 52.5 minutes .75 hour

52.5 – 60.0 minutes 1.00 hour
SEC. 428 INVESTIGATION ASSIGNMENT
Police Officers assigned investigative duties in the Investigations Division shall receive a 3 per cent salary differential. Said salary differential shall commence upon assignment and shall terminate when the individual is no longer assigned investigative duties in the Investigations Division. (Amending Resolutions: 3740) SEC. 429 RETIREMENT COMPENSATION
a. Non-Management Sworn Police Personnel
Nine per cent of the employee’s contribution to the Public Employees’ Retirement System (PERS) shall be paid by the city (in lieu of a 4 per cent salary increase in the 1982/83 fiscal year and in lieu of a 3 per cent salary increase in the 1986/87 fiscal year. (Amend Resolutions:
01-4783)
b. Professional and Clerical
Eight per cent of the employee’s contribution to the Public Employees’ Retirement System shall be paid by the city ((7 per cent in lieu of a 4 per cent salary increase in the 1981/82 fiscal year and a 3 per cent salary increase in the 1982/83 fiscal year). (Amending Resolutions: 04- 5103)
b. Management Employees
Effective July 1, 2006, 8 percent of the employee’s contribution to the Public Employees’ Retirement System shall be paid by the city (7 percent in lieu of salary increases for fiscal year 1978/79) Effective August 2, 2008 the classification of City Manager and those assigned to a Department Head classification shall pay the employee contribution of 8 percent to the Public Employees’ Retirement System in lieu of a 1% salary increase. Effective January 3, 2009 all non sworn middle management employees shall pay the employee contribution of 8 percent to the Public Employees’ Retirement System in lieu of a 1% salary increase. (Amending Resolutions: 3221, 06-5308). d. Non-Management Personnel Unit
Eight per cent of the employee’s contribution to the Public Employees’ Retirement System shall be paid by the city (7 per cent in lieu of a 5 per cent salary increase in the 1984/85 fiscal year and in lieu of a 2 per cent salary increase in the 1985/86 fiscal year). (Amending Resolutions: 3228, 04-5103) e. Non-Management Fire Personnel
Nine per cent of the employee’s contribution to the Public Employees’ Retirement System shall be paid by the city (in lieu of a 3.118 per cent salary increase in the 1984/85 fiscal year and in lieu of a 3.882 salary increase in the 1986/87 fiscal year). (Amending Resolutions: 01-4783) f. Effective July 1, 1997, the retirement contract between the City of Tulare and the Public Employees’ Retirement System will include 2% @ 55 for the Miscellaneous Plan for Tulare City and military buy back. (Amending Resolutions: 97-4286)
Effective July 1, 2006, the retirement benefit shall increase to 2.7% @ 55 (for the Miscellaneous Plan). (Amending Resolutions: 04-5103) - 19 -
Effective January 1, 2007, the city will increase the retirement benefit for sworn Police and Fire personnel to 3% @ 50. (Amending Resolutions: 06-5308)
g. The City of Tulare has contracted with PERS for optional benefits. The coverage key below reflects the following changes: (Amending Resolutions: 01-4783, 06-5308) Optional Benefit Misc Fire Police

8.1 1 year final comp 01/1992 01/1992 01/1992

8.3 Sick leave credit 01/1992 01/1992 01/1992

8.4 1959 Survivor 03/21/1975 03/21/1975 03/21/1975

8.6 Military service credit 76 06/30/1997 No 01/01/02

8.21 2%@55 retirement formula No 12/08/1984 12/08/1994

8.22 Incl 59 Survivor 07/03/1980 07/03/1980 07/03/1980

8.40 3%@55 retirement formula No 01/01/2000 01/02/2002

8.44 2%@55 retirement formula 06/30/1997 No No

8.48 4th level 1959 Survivor 11/06/1998 07/01/2000 07/01/2005

8.54 2.7%@55 retirement formula 07/01/06 No No

8.56 3%@50 retirement formula No 01/01/07 01/07/07
h. Non-Public Safety Management PARS Benefit
Non-Public Safety Management, effective July 1, 2006, will be eligible to receive PARS 2.7% @ 55 for all prior years of service with other PERS agencies or agencies with reciprocal PERS agreements if the employee has a minimum of five (5) years of service with the City of Tulare and retires from the City of Tulare. (Amending Resolutions: 06-5308) SEC. 430 PERS SURVIVOR BENEFIT
a. Professional and Clerical
The Public Employees’ Retirement System 1959 Survivor Benefit shall be paid by the city effective June 23, 1984. Effective July 1, 1999, the survivor benefit shall be increased to Level IV. (Amending Resolutions: 04-5103)
b. Non-Management Personnel Unit
The Public Employees’ Retirement System 1959 Survivor Benefit shall be paid by the city effective June 23, 1984. Effective July 1, 1999, the survivor benefit shall be increased to Level IV. (Amending Resolutions: 04-5103)
c. Management and Confidential Employees
The Public Employees’ Retirement System 1959 Survivor Benefit shall be paid by the city effective June 23, 1984. Effective July 1, 1999, the survivor benefit shall be increased to Level IV. (Amending Resolutions: 3221, 04-5103)
d. Non-Management Fire Personnel
The Public Employees’ Retirement System 1959 Survivor Benefit shall be paid by the city effective June 23, 1984. Effective July 1, 2000, the city shall increase the 1959 Survivor Benefit to Level IV. (Amending Resolutions: 3221, 01-4783)
e. Non-Management Police Personnel
The Public Employees’ Retirement System 1959 Survivor Benefit shall be paid by the city effective July 16, 1988. Effective July 1, 2005, the city shall increase the 1959 Survivor Benefit to Level IV. (Amending Resolutions: 3434, 06-5308)
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SEC. 431 DEPARTMENT HEAD PERFORMANCE INCENTIVE PROGRAM
The Performance Incentive Program is designed to recognize and compensate department heads for special meritorious performance. The granting of an incentive will be determined and approved by the City Manager. Funding for the program may be established annually by the City Council as adopted in the fiscal year budget.

Incentives may take the form of a one-time cash bonus, additional one-time (per year) vacation or management leave bank, or a one-time contribution to a City 457 plan. The annual maximum cash or cash equivalent of an incentive is $5,000.

In-lieu holidays are defined as Admission Day, Columbus Day and the employee’s date of birth. In-lieu holidays beyond the maximum will not be permitted unless prior written authorization is given by the City Manager. (Amending Resolutions: 3228)
SEC. 433 BILINGUAL PAY
Sworn public safety personnel, up through and including the rank of Police Captain in the Police Department and Fire Battalion Chief in the Fire Department, shall receive an incentive bonus of 2 per cent for certification as being bilingual in accordance with standards established by the Human Resources Director ensuring that the said employee is competent and proficient in the language certified. (09/90 & 09/93) A re-certification shall occur every three (3) years. An employee not passing the recertification shall not continue to receive the incentive bonus. (Amending Resolutions: 01-4783, 06-5308) SEC. 434 COMPENSATIONS FOR CERTIFICATIONS
Compensation for certificates will no longer be provided. The certifications will be included in the job descriptions and considered part of the base pay. (Amending Resolutions: 03-4969) SEC. 435 NON-MANAGEMENT EXEMPT EMPLOYEE
Non-management exempt status employees required to regularly attend board and or commission meeting held outside of the normal daily working hours, upon approval of the Department Head and the Human Resources Department shall receive fifty-six 56 hours of exempt status leave per fiscal year.

Exempt status leave shall be accrued on a bi-weekly basis and have a maximum accrual cap of fifty six hours.
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CHAPTER 5 – PROBATIONARY STATUS
SEC. 501 PROBATIONARY PERIOD
All original appointments to regular municipal service positions shall be tentative and subject to a probationary period fixed by the department head at the time of appointment of not less than six (6) months nor more than twelve (12) months. The probationary period may be extended with the approval of the City Manager for a period not to exceed six (6) additional months where the department head finds that extraordinary conditions justify such extension.

SEC. 502 DEPARTMENTAL PROBATION: TRANSFER OR PROMOTION
All appointments as a result of a transfer, promotion or reassignment shall be tentative and shall be subject to a departmental probationary period fixed by the department head at the time of appointment of not less than three (3) months nor more than twelve (12) months. If the appointee is rejected during the probationary period, he/she shall be transferred, demoted or reassigned to his/her previous classifications or department and said action shall not be subject to appeal. The probationary employee shall retain all other rights, privileges and benefits as regular employees even though they are on probationary status.

SEC. 503 OBJECTIVE OF PROBATIONARY PERIOD
The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the acceptable standards of work.

SEC. 504 PROBATIONARY EMPLOYEE PEFORMANCE REPORTS
A performance report of each probationary employee shall be made by the department head on City of Tulare Employee Performance Evaluation Forms according to the directions thereon and forwarded to the Human Resources Office. The Employee Performance Evaluation shall be filed by the department head at least midway through the probationary period. This does not preclude evaluations at more frequent intervals.

In those cases where the probationary period is extended, the affected employee shall be evaluated at least midway through the extended period.

SEC. 505 REJECTION OF PROBATIONER
During the probationary period, an employee may be suspended, demoted or terminated at any time by the department head without cause and without the right of appeal or to submit a grievance. - 22 -
CHAPTER 6 – ANNUAL VACATION LEAVE
SEC. 601 PURPOSE OF ANNUAL VACATION LEAVE
The purpose of an annual vacation is to allow an employee time to both mentally and physically refresh himself/herself in order that he/she be better able to carry out the duties of his/her position. To achieve this goal, it is the intention of the city to have the employee schedule a vacation for periods of at least one week.

SEC. 602 ELIGIBILITY FOR ANNUAL VACATION LEAVE
a. Regular, Regular Part-Time and Probationary Employees All regular, regular part-time and probationary employees, upon the completion of six (6) months of continuous service, shall be eligible for vacation leave. The amount of time available for an employee’s vacation shall be accumulated through the month immediately preceding the month in which the employee’s vacation falls. (Amending Resolutions: 06-5308) b. Seasonal Part Time, Limited Part-Time and Temporary Employees Seasonal part time, limited part-time and temporary personnel shall not be eligible for annual vacation leave. (Amending Resolutions: 06-5308)
SEC. 603 ACCRUAL OF ANNUAL VACATION LEAVE
Vacation leave shall be accrued and credited monthly by all eligible employees who are on pay status for 50 per cent or more of that month. Those employees eligible for vacation as defined in SEC. 602 shall accrue vacation at the following rates:
a. Annual Vacation Leave Accrual for Non-Management Sworn Police Personnel All employees with less than five (5) complete years of continuous service shall earn vacation leave at the rate of 6.67 hours per month or ten (10) working days per year. Upon the completion of six (6) continuous years of service, the employee shall earn one (1) additional working day of vacation; in the same manner, two (2) additional working days vacation shall be earned for the seventh year; three (3) for the eighth year; four (4) for the ninth year; five (5) for the tenth year; for a maximum of fifteen (15) working days per year or ten (10) hours per month thereafter. (Amending Resolutions: 2916)
b. Annual Vacation Leave Accrual for Non-Management Fire Shift Personnel All employees with less than five (5) complete years of service shall earn leave at the rate of 112 working hours per year. Upon the completion of six (6) continuous years of service, the employee shall earn 123 working hours of vacation per year; in the same manner, 134 hours shall be earned for the seventh year; 146 for the eighth year; 157 for the ninth year; 168 for the tenth year; 190 for the fifteenth year; for a maximum of 190 hours per year thereafter. (Amending Resolutions: 3228) c. Annual Vacation Leave Accrual for Miscellaneous, Confidential and Management Employees All employees with less than four (4) complete years of service shall earn annual leave at the rate of 6.67 hours per month or ten (10) working days per year. Upon the completion of four (4) continuous years of service, the employee shall earn one (1) additional working day of vacation; in the same manner, two (2) additional working days vacation shall be earned for the sixth year; three (3) additional work days shall be earned for the seventh year; four (4) additional days for the eighth year; five (5) additional days for the ninth year; ten (10) additional days for the fifteenth year; for a maximum of twenty (20) working days per year or 13.33 hours per month thereafter. (Amending Resolutions: 01-4783)
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d. Annual Vacation Leave for Management Shift Personnel All employees with less than four (4) complete years of service shall earn leave at the rate of 112 working hours per year. Upon the completion of five (5) continuous years of service, the employee shall earn 123.2 working hours of vacation per year; in the same manner, 134.4 hours shall be earned for the sixth year; 145.6 hours shall be earned for the seventh year; 156.8 hours shall be earned for the eighth year; 168 hours for the ninth year; 224 hours for the fifteenth year; for a maximum of 224 hours per year thereafter. (Amending Resolutions: 00-4713) SEC. 604 ACCUMULATION OF ANNUAL VACATION LEAVE
a. Regular and Regular Part Time Employees
Employees may carry over a maximum accumulation of one (1) year’s annual vacation leave, for a maximum credit of two (2) years’ annual leave. If vacation is denied due to a city related emergency, such vacation may be carried over into the following year, if necessary.

New sworn Police Officers and Fire Fighters and Fire Fighters/Paramedics hired on or after July 1, 2005 may carry over a maximum accumulation of six (6) months’ annual vacation leave, for a maximum credit of one and a half (1½) year’s annual leave. If vacation is denied due to a city related emergency, such vacation may be carried over into the following year, if necessary.
(Amending Resolutions: 06-5308)
b. Management and Confidential Employees
Management and Confidential employees (except Fire and Police management shift personnel) may accumulate up to forty (40) days annual vacation leave. Vacation leave accumulation beyond the maximum will not be permitted unless prior written authorization is received from the City Manager. If vacation is denied due to a city related emergency, such vacation may be carried over into the following year, if necessary. (Amending Resolutions: 3221) Fire Management shift personnel may accumulate up to 530 hours which includes vacation and holidays (per SEC. 420[d]). (Amending Resolutions: 3001) Police Management shift personnel may accumulate up to 336 hours of vacation and holidays (per SEC. 420[c]). (Amending Resolutions: 3001)
SEC. 605 SCHEDULING OF VACATION LEAVE
a. An employee’s vacation, as much as possible, shall be scheduled for the employee’s convenience, however, vacation shall be scheduled by department heads so as not to interfere seriously with or impair departmental efficiency. b. Fire Department Scheduling
For definition purposes, suppression personnel shall include the following ranks in the Fire Department: Battalion Chief, Captain, Engineer, Fire Fighter, and Fire Fighter/Paramedic.

Unless otherwise modified by the Fire Chief, personnel shall make their initial vacation selections according to the following timelines:

Division Chiefs – by December 7 Fire Fighters – by December 31 Battalion Chiefs – by December 7 Fire Fighters/Paramedics – by December 31 Captains – by December 14
Personnel not scheduling vacations within the stated timelines forfeit their seniority and must wait until ALL personnel on their shift have completed their selection before reconsideration. - 24 -
Following the initial vacation picks where the city will allow two (2) suppression personnel off, the city shall continue to allow two (2) suppression division personnel off on vacation on each shift, as long as an overtime situation will not be created. Unless prior authorization from the Chief, only one Captain may be on vacation on any one (1) shift.

Following the initial vacation requesting period, the Chief has the authority to “block out” certain days for specialized training or events, subsequent vacation requests may be granted, regardless of seniority, on a “first come/first allowed” basis throughout the remainder of the year.

If a workers compensation injury results in the extended absence of a suppression employee for more than ninety (90) calendar days, then the involved employee will not be considered as a person off, for the purpose of scheduling vacation as it pertains to this section.

After the initial vacation picks have been completed, any additional vacation requests must be submitted at least twenty-four (24) hours prior to the start of the requested shift but no more than sixty (60) days in advance. (For the 48/96 schedule, the first twenty-four hours will be considered as the first shift, and the second twenty-four hours will be considered the second shift.) Employees will be allowed, upon the approval of their Battalion Chief, up to three (3) hours of unscheduled vacation leave during their shift. After three (3) hours, any additional time will be taken as Family Medical Leave.
(Amending Resolutions: 01-4783, 05-5244, 06-5308)
SEC. 606 WORKING DURING ANNUAL VACATION LEAVE
The city shall discourage any employee from working for another employer during his/her annual vacation. At no time will an employee be permitted to work for the city during his/her vacation and receive double compensation.

SEC. 607 HOLIDAYS WITHIN VACATION LEAVE
When a recognized city holiday falls within an employee’s vacation for which he/she normally would have been excused from work, that day shall not be charged as a day of annual vacation.

SEC. 608 ILLNESS WITHIN VACATION LEAVE
If an employee becomes ill or injured during his/her annual vacation leave which requires hospitalization or medical attention, those days for which proof of such hospitalization or medical attention is furnished shall not be charged as annual vacation but shall be charged as sick leave.

SEC. 609 PAYMENT OF ANNUAL LEAVE UPON TERMINATION
Employees who terminate employment shall be paid for any accrued vacation. Payment for accrued vacation upon termination shall be at the employee’s current rate of pay.

SEC. 610 VACATION IN LIEU OF HOLIDAYS FOR PUBLIC SAFETY EMPLOYEES a. Sworn Police Shift Personnel
All sworn Police shift personnel shall be granted an additional thirteen (13) days of annual vacation leave, to be added to their annual vacation, in lieu of holidays. In lieu of taking off six (6) days of the thirteen (13) days granted in lieu of holidays, each sworn Police shift personnel through the rank of Sergeant shall be paid for the six (6) days on the first paycheck in December. (Amending Resolutions: 95-4130, 06-5308) b. Fire Shift Personnel
Fire shift personnel shall receive thirteen (13) days (104 hours times 1.4 multiplier or 145.6 hours) of annual holiday time. In lieu of taking off eight (89.6 hours) of the thirteen (13) days granted in lieu of holidays, each sworn Fire shift personnel shall be paid for the eight (8) days – 44.8 hours the first paycheck in June and 44.8 hours the first paycheck in December. The remaining 56 hours (divided by 26 pay periods) shall be put into a “holiday leave bank”. This - 25 -
bank will be subject to the same accumulation of annual vacation leave in the fact that employees may carry over a maximum accumulation of one (1) year’s annual vacation leave, for a maximum of two (2) years’ annual leave. (Amending Resolutions: 3434, 05-5244, 06-5308) SEC. 611 EFFECT OF EXTENDED MILITARY LEAVE
An employee who interrupts his/her service to the city because of an extended military commitment shall be compensated for accrued vacation leave upon separation from service to the city. - 26 -
CHAPTER 7 – SICK LEAVE
SEC. 701 STATEMENT OF POLICY
Sick leave shall not be considered as a privilege which an employee may use at his/her own discretion, but shall be granted only upon the recommendation of the department head. Sick leave shall be allowed only in case of necessity and actual personal illness or disability, medical or dental treatment. Sick leave shall be allowed to a maximum of six (6) days per year (69.2 per year for twenty-four hour shift personnel) in case of emergency illness in the immediate family. Upon the approval of the City Manager, additional days may be authorized. The immediate family shall be the spouse, parent, child, brother, sister, or other close family member as approved by the Human Resources Director. (Amending Resolutions: 01-4783)
SEC. 702 ELIGIBILITY FOR SICK LEAVE
a. Regular, Regular Part-Time, and Probationary Employees All regular, regular part-time, and probationary employees, upon completion of six (6) months continuous service, shall be eligible for sick leave with pay. b. Seasonal Part Time, Limited Part Time, and Temporary Employees Seasonal part time, limited part time, and temporary employees shall not be eligible for sick leave with pay.
(Amending Resolutions: 06-5308)
SEC. 703 ACCRUAL OF SICK LEAVE
a. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel Sick leave shall be accrued and credited monthly by all eligible employees who are on a pay status for 50 per cent or more of that month. Those employees eligible for sick leave, as defined in SEC. 702, shall accrue sick leave at the rate of eight (8) hours per month. b. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel Sick leave shall be accrued and credited monthly, at the rate of 11.2 hours, by all eligible employees who are on a pay status for 50 per cent or more of that month. Those employees eligible for sick leave, as defined in SEC. 702, shall accrue sick leave at a rate proportionately equal to that of regular employees. (Amending Resolutions: 01-4783) SEC. 704 ACCUMULATION OF SICK LEAVE
a. Accumulation of Sick Leave for Non-Twenty-Four (24) Hour Shift Personnel An employee may accumulate sick leave up to a maximum of 132 days.

Sworn Police employees may accumulate sick leave up to a maximum of 120 days. Sworn Police employees hired on or after July 1, 2005, may accumulate sick leave up to a maximum of sixty (60) days. (Amending Resolutions: 06-5308)
b. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel An employee may accumulate sick leave up to a maximum of 120 days proportionately equal to that of regular employees (1344 hours) based on the Fire Department work schedules.

New employees hired on or after July 1, 2005 may accumulate sick leave up to a maximum of sixty (60) days proportionately equal to that of regular employees (672 hours) based on the Fire Department work schedules. (Amending Resolutions: 01-4783, 05-5244, 06-5308) SEC. 705 HOLIDAYS WITHIN SICK LEAVE
When a recognized city holiday falls within an employee’s bonafide use of sick leave for which he/she normally would have been excused from work, that day shall not be charged as a day of sick leave.
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SEC. 706 ILLNESS WITHIN VACATION LEAVE
If an employee becomes ill during his/her annual vacation leave which requires hospitalization or medical attention, those days for which proof of such hospitalization or medical attention is furnished shall not be charged as annual vacation leave but shall be charged as a day of sick leave. (see also SEC. 608 – Vacation Leave)
SEC. 707 USAGE OF SICK LEAVE
Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. (Amending Resolutions: 2843) SEC. 708 DEDUCTION OF SICK LEAVE
Sick leave shall be deducted at the rate of one hour sick leave for each hour absent.

SEC. 709 VERIFICATION OF SICK LEAVE USAGE
The city reserves the following rights with regard to control and verification of appropriate sick leave usage:
a. The city may require that any employee who uses more than two (2) consecutive days of sick leave to provide a physician’s certification of the employee’s illness. b. The city may formally place an employee on “sick leave restriction” whereupon, for a period of time, the employee may subsequently be required to provide the city a physician’s certification of illness for each incidence of sick leave usage, regardless of the amount of time off work.

In determining whether or not to place an employee on “sick leave restriction”, the city agrees to consider not only gross usage and so-called “patterns of usage”, but also extended illness, major medical problems and incidents of family sick leave. (Amending Resolutions: 3740)
SEC. 710 WORKERS COMPENSATION
a. Police and Fire Department Personnel

1. An employee of the Police or Fire Department who is entitled to the benefits of Labor Code Section 4850, who is absent from work by reason of an injury or illness covered by workers compensation, shall be allowed up to one (1) year’s leave of absence, as required by said section. The employee shall continue to receive his/her regular paycheck as long as he/she remains on pay status; provided, however, that such employee assigns to the city any and all workers compensation payments received by the employee.

2. An employee of the Police or Fire Department who is absent from work by reason of an injury or illness covered by workers compensation will continue to accrue sick leave, vacation and holiday benefits and consideration for normal salary increases as though he/she were not on leave of absence. (Amending Resolutions: 3091)

3. Whenever such disability of an employee continues for a period beyond one (1) year, the leave of absence may continue until the expiration of his/her accrued sick leave, vacation and previously accrued compensatory time off for overtime and paid days in lieu of holidays, calculated to the nearest one-half (½) day, with compensation at the employee’s regular rate of pay.

4. When it appears the employee cannot return to work by the expiration of such allowances, disability retirement shall be requested by the city to become effective at the expiration of these allowances unless the employee applies for or consents to his/her retirement as of an earlier date, at which time he/she may be compensated for his/her accrued benefits at his/her regular rate of pay.
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5. No employee of the Police or Fire Department shall be paid any disability indemnity under workers compensation concurrently with wages or salary payments by the city amounting to more than his/her regular rate of pay at any time during his/her leave of absence.

6. No employee of the Police or Fire Department shall receive wage or salary payments from the city after a period of five (5) years from the date of injury for any one injury. b. All Other City Employees
Any employee, other than Police or Fire Department personnel (entitled to the benefits of Labor Code Section 4850), who is absent from work by reason of an injury or illness covered by workers compensation shall continue in pay status under the following provisions:

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

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

3. Such an employee will continue in pay status and receive his/her regular rate of pay until his/her accumulated sick leave, compensatory time and vacation days have been depleted to the nearest one-half (½) day.

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

5. Any employee, other than Police and Fire Department personnel, who depletes his/her accumulated sick leave, compensatory time, holidays and vacation days to maintain pay status while absent from work by reason of an injury or illness covered by workers compensation shall be removed from pay status and be covered under provisions of SEC. 711.

SEC. 711 DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION BENEFITS Upon depletion of accumulated sick leave, compensatory time and vacation for any injury or illness and upon the recommendation of the employee’s department head, an employee may be placed on medical leave of absence without pay for a period not to exceed sixty (60) days. If the employee is unable to return to work at the end of this period, he/she must request medical leave which shall be subject to approval of the City Manager. If further leave is granted, the employee must notify the city of his/her intent to return to work every thirty (30) days. If further leave is not granted, the employee’s service with the city shall be considered terminated.

SEC. 712 EMPLOYEE REHABILITATION
The city shall provide a rehabilitation program for industrially injured employees, pursuant to Section 139.5 of the California Labor Code. Employees unable to return to their previous position shall be interviewed for an available position, if said employee submits a timely application and meets the minimum qualifications for such position. The above procedure applies for eighteen (18) months. The employee’s name shall be placed on a mailing list for the period designated above. (Amending Resolutions:
3145)
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SEC. 713 COMPENSATION FOR SICK LEAVE UPON TERMINATION
An employee having a minimum of ten (10) years of regular service shall be compensated for 25 per cent (50 per cent for employees designated as Management and Confidential) of his/her unused sick leave balance upon honorable separation, at his/her rate of pay at said separation. (Amending Resolutions: 3629) SEC. 714 COMPENSATION FOR SICK LEAVE UPON RETIREMENT
a. An employee having a minimum of ten (10) years of regular service shall be compensated for 40 per cent (50 per cent for employees designated as Management and Confidential) of his/her unused sick leave balance upon retirement, at his/her rate of pay at said retirement.

The remaining balance not cashed out will be credited to PERS. At the option of the employee, up to 100 per cent of the unused sick leave balance can be credited to PERS. (Amending Resolutions: 97-4286, 06-5308)
b. Twenty-four (24) hour non-management shift personnel and non-management sworn Police personnel having a minimum of ten (10) years of regular service with the City of Tulare shall be compensated for 35 per cent (50 percent for employees designated as Management and Confidential) of his/her unused sick leave balance upon retirement, at his/her rate of pay at said retirement. The remaining balance not cashed out will be credited to PERS. At the option of the employee, up to 100 per cent of the unused sick leave can be credited to PERS. (Amending Resolutions: 06-5308)
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CHAPTER 8 – OTHER LEAVES OF ABSENCE
SEC. 801 LEAVE OF ABSENCE WITHOUT PAY
Leave of absence without pay may be granted in cases of emergency where such absence would not be contrary to the best interests of the city. Such leave is not a right but a privilege. Employees on authorized leave of absence without pay may not extend such leave without the expressed approval of the City Manager. No vacation or sick leave benefits shall be used for illness occurring during such leave.
a. Approval of Department Head
Leave of absence without pay for one (1) week or less may be granted by the department head, depending on the merits of the individual case. Such leave shall be reported to the Human Resources Director. b. Approval of City Manager
Leave of absence without pay in excess of one (1) week’s duration may be granted by the City Manager on the merits of the case, but such leave shall not exceed twelve (12) months’ duration.

SEC. 802 ABSENCE WITHOUT LEAVE
Absence without leave shall be considered to be without pay and reduction in the employee’s pay shall be made accordingly. Absence without leave for more than three (3) consecutive days may result in termination of employment.

SEC. 803 LEAVE OF ABSENCE: DEATH OUTSIDE THE IMMEDIATE FAMILY Leave without pay may be granted a regular employee by his/her department head in the event of death of family members other than the immediate family, such leave to be granted in accordance with SEC. 801.

SEC. 804 MATERNITY
Leave of absence for maternity will be covered under the provisions of SEC. 701 and 708. An employee may work until she has been advised by her doctor to cease working. The employee may continue on sick leave either until the doctor gives written permission to return to work or until benefits are exhausted. (Sec. 1604.10, Chapter XIV, Part 1604, Title 29, United States Labor Code) SEC. 805 EMPLOYEE’S TIME OFF TO VOTE
Time off with pay to vote at any general, special, direct primary or Presidential primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said code.

SEC. 806 JURY DUTY: LEAVE OF ABSENCE
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the city all fees received for such duties, other than mileage or subsistence allowance, within thirty (30) days from the termination of his/her jury duty.

SEC. 807 SUBPOENAS: LEAVE OF ABSENCE
Regular employees who are subpoenaed to appear as witnesses in a court trial may be granted a leave of absence from pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the city within thirty (30) days from the termination of his/her service.

Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. - 31 -
SEC. 808 LEAVE FOR ATTENDANCE AT INDUSTRIAL ACCIDENT COMMISSION HEARING OR

RELATED PHYSICAL EXAMINATIONS
Employees who have been injured in the course and scope of their employment with the city and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the city’s workers compensation insurer or the Industrial Accident Commission shall be granted leave with pay for such absences only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed in advance with the department head.

SEC. 809 MANAGEMENT LEAVE
a. Sworn Middle Management
All sworn middle management employees with less than five (5) years of service shall receive twenty-four (24) hours management leave (33.6 hours for twenty-four hour shift personnel) per fiscal year. Sworn middle management employees with five (5) or more years of service shall receive thirty-two (32) hours of management leave (44.8 hours for twenty-four hour shift personnel) per fiscal year.

Management leave will be credited each July and must be used by the last full pay period the following June. Leave may not be used in July until it is credited to the leave bank and registers on the paycheck. New managers shall receive prorated management leave based upon the number of pay periods remaining in that fiscal year. Managers leaving city service shall only be entitled to partial year pro-ration based upon the number of pay periods worked in the fiscal year. Prorated management leave will then either be cashed out or hours reimbursed to the city out of the final check.

Additional management leave may be administratively granted by the City Manager for extraordinary conditions.

If the death occurs outside the State of California, a maximum of five (5) days with pay (60 hours for twenty-four hour shift personnel) shall be allowed. Bereavement leave is allowable in the case of death in the employee’s or the employee’s spouse’s immediate family as defined in SEC. 701 of the Personnel Rules and Regulations, including step-child. (Amending Resolutions: 3434) SEC. 811 EDUCATIONAL LEAVE
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Employees may receive paid leave to attend courses, seminars, and workshops for conventions which enhance their knowledge, skills or performance in relation to their job. The determination as to when and whether an employee is granted leave shall be made by the department head. (Amending Resolutions: 3887)
SEC. 812 FIRE DEPARTMENT ADMINISTRATIVE TIME OFF
(Rescinded by Resolution 06-5308)
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CHAPTER 9 – TERMINATION OF EMPLOYMENT
SEC. 901 TERMINATION: RESIGNATION
An employee wishing to leave the service of the city in good standing, either by resignation or retirement, shall give the department head concerned at least two (two) weeks’ written notice.

SEC. 902 TERMINATION: ABSENCE WITHOUT LEAVE
Absence without leave for more than three (3) consecutive work days or shifts may be deemed to be a resignation and may result in automatic termination of employment as provided in SEC. 1002.

SEC. 903 TERMINATION: LACK OF WORK OR FUNDS
a. An employee may be terminated by the City Manager because of changes in duties or organization, abolishment of position, shortage of work or funds or completion of work. In cases involving regular employees only, notice of such termination will be given to the employee at least thirty (30) days prior to the effective date of termination. Such terminations shall not be subject to appeal.
b. In any such reduction in personnel caused by lack of work or funds, seniority shall be observed. The order of lay-off shall be in the reverse order of total cumulative time the employee has served in his/her current job classification upon the effective day of the lay-off. For the purpose of determining order of lay-of, total cumulative time shall include the employee’s time served in probationary and regular status and time served on military leave of absence while assigned to his/her current job classification.
c. Employees subject to lay-off who have seniority in a lower classification may displace (bump) employees in the lower classification having less seniority, provided that the displacing employee is fully qualified and capable of performing the work in a lower classification at the rate of pay for the lower classification.
d. Any employee bumping into a lower job classification and remaining in said classification for a period of six (6) or more months shall lose his/her previous classification seniority. e. Any employee terminated for lack of work of funds shall be interviewed for an available position, if said employee submits a timely application and meets the minimum qualifications for such position. The above procedure applies for eighteen (18) months. The employee’s name shall be placed on a mailing list for the period designated above. (Amending Resolutions: 3145) SEC. 904 TERMINATION: NON-DISCIPLINARY ACTION
Part-time and probationary employees may be terminated by the City Manager at any time, with or without notice, for cause or for the convenience of the city. Regular employees terminated by the City Manager for cause or for the convenience of the city shall be given a written statement of the reasons for such termination and may appeal such action in the manner provided in SEC. 1007 et seq. Such cause shall be other than cause for disciplinary action set forth in SEC. 1002 et seq., and shall include, but not be limited to, inefficiency, incompetence, physical disability or mental incapacity.

SEC. 905 TERMINATION: DISCIPLINARY ACTION
An employee may be terminated at any times as disciplinary action as provided in Chapter 10 of these rules and regulations.

SEC. 906 RETIREMENT: APPLICABLE REGULATIONS
Retirement from the municipal service shall be subject to the terms and conditions of the city’s retirement system. - 34 -
SEC. 907 RETIREMENT: MISCELLANEOUS EMPLOYEES
All employees attaining the mandatory retirement age as set by the California Public Employees’ Retirement System shall retire from the municipal service. (Amending Resolutions: 3091) SEC. 908 RETIREMENT: PUBLIC SAFETY EMPLOYEES
All employees attaining the mandatory retirement age as set by the California Public Employees’ Retirement System shall retire from the municipal service. (Amending Resolutions: 3091) - 35 -
CHAPTER 10 – DISCIPLINARY PROCEEDINGS
SEC. 1001 DISCIPLINARY ACTION: DEFINITION
As used in this chapter, “disciplinary action” shall mean discharge, demotion, reduction in salary, reprimand, disciplinary probation or suspension.

SEC. 1002 CAUSES FOR DISCIPLINARY ACTION
Causes for disciplinary action against any employee may include, but not be limited to, the following:
a. Unauthorized absence or tardiness.
b. Failure to report absences from work or failure to return immediately from authorized leave. c. Failure to follow the instruction of a supervisor, manager or other proper authority. d. Disorderly conduct on city premises or while on duty elsewhere, such as, but not limited to, fighting and use of abusive or threatening language.
e. Possession, use, receiving, distributing or being under the influence of alcoholic beverage or drugs while on duty.
f. Falsifying or altering city records, including, but not limited to, employment, medical, pay and benefit records, or permitting one’s time card to be recorded by another employee. g. Thefts of, or intentional harm to, city or other’s personal property. h. Dishonesty.
i. Violation of safety rules.
j. Unauthorized removal of city documents, records or other property. k. Negligent or careless performance of duties.
l. Failure to meet acceptable standards of performance. m. Failure to observe work schedules or assignments.
n. Misuse of city property.
o. Unauthorized departure from job, department or city premises. p. Loitering or sleeping on the job.
q. Gambling on city premises or while on duty elsewhere. r. A personal appearance or mode of dress that is unkempt to the point of being detrimental to the business environment of the city.
s. Allowing unauthorized individuals to ride in city vehicles. t. Discourteous treatment of the public or other employees. - 36 -
u. Violation of any provisions of these working rules and regulations, administrative policies or written departmental rules and regulations.
(Amending Resolutions: 3856)
SEC. 1003 PERSONS BY WHOM DISCIPLINARY ACTION MAY BE TAKEN The City Manager or any department head may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in this chapter.

SEC. 1004 PROCEDURE PRECEDING IMPOSITION OF DISCIPLINARY ACTION Prior to initiating any disciplinary action, excluding reprimands, against an employee having regular status, the City Manager or department head shall serve written notice on the employee, personally or by certified mail, at least seven (7) calendar days prior to the effective date of the disciplinary action.

The written notice shall include:
a. A description of the action to be taken and the effective date or dates. b. A statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based. c. A statement advising the employee of the right to respond, either verbally or in writing, to the disciplining authority prior to the effective date of the proposed discipline. d. A statement advising the employee that he/she may represent himself/herself or may be represented by a person of his/her choosing. e. A statement that a copy of the materials upon which the proposed action is based is attached or available for inspection upon request.
f. A statement that if the proposed discipline is imposed, the employee has a right to appeal.

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

SEC. 1005 IMPOSITION OF DISCIPLINARY ACTION
Upon expiration of the period allowed for employee response and after having given consideration to any response filed by the affected employee, the City Manager or department head may impose appropriate disciplinary action.

SEC. 1006 EXTRAORDINARY CIRCUMSTANCES
a. In those extraordinary circumstances wherein the City Manager or department head determines that the nature of the employee’s act or the charges against him/her are such as to require the employee’s immediate removal from the job site, the employee may be placed on leave with pay pending service of the notice of disciplinary action and the effective date of the disciplinary action. In the case that discipline is imposed and upheld, such leave shall be charged as vacation leave.
b. In those instances where it is determined that immediate disciplinary action is necessary against an employee as a result of accusations against such employee which would constitute a felony or a misdemeanor involving moral turpitude, the City Manager may impose disciplinary action without compliance with the provisions set forth in SEC. 1004. c. If, in the opinion of the City Manager or the department head, the employee’s behavior is such that he/she is temporarily unable to perform his/her job and the intent is to remove him/her from the job site until he/she is able to return and function adequately, said employee may be - 37 -
placed on sick leave and sent home until determined by the City Manager or department head that he/she is able to function adequately.

SEC. 1007 RIGHT OF APPEAL
A regular employee shall have the right of appeal to the City Manager from any disciplinary action taken by his/her department head under this chapter, other than oral or written reprimands. Such appeal must be filed with the City Manager within ten (10) working days after receipt of the written notice of such disciplinary action. The appeal must be in writing and must state specifically the reasons upon which it is based. (Amending Resolutions: 03-4969)
SEC. 1008 RIGHT OF APPEAL: HEARING
Upon receipt of a written appeal from an affected employee, the City Manager shall conduct a hearing as provided in this chapter. Said hearing shall be conducted within thirty (30) days after receipt of the written appeal. The City Manager may conduct the hearing personally or may appoint a hearing officer to conduct the hearing and to advise the City Manager appropriately. The City Manager may continue the hearing either for the convenience of the city or upon written application of the employee for a reasonable period of time. Written notice of the time and place of the hearing and any continuance thereof shall be given to the appellant. Such hearing shall be conducted in accordance with the provisions of SEC. 11513 of the Government Code of the State of California, except that the employee and other persons may be examined as provided in SEC. 19580 of said Government Code, and the parties may submit all proper and competent evidence against or in support of the causes, but it shall be a rebuttable presumption that the statement of causes is true.

SEC. 1009 RIGHT OF APPEAL: REPRESENTATION
The appellant employee shall have the right to appear personally or to be represented by counsel or by anyone else of his/her choosing, including other city employees, with the exception of supervisory, management and confidential employees.

SEC. 1010 RIGHT OF APPEAL: FAILURE OF EMPLOYEE TO APPEAR Failure of the appellant to appear at the hearing shall be deemed a withdrawal of his/her appeal and the action of the City Manager or department head shall be final.

SEC. 1011 RIGHT OF APPEAL: DECISION
The City Manager shall render a decision within fifteen (15) days after the conclusion of the hearing or after receipt of the official hearing transcript. The City Manager’s decision shall be final and conclusive. A copy of such decision shall be forwarded to the appellant. If the disciplinary action taken against the employee is reversed or modified by the City Manager, the employee shall be compensated in all or in part for the time lost as determined by the City Manager. Any appeal of the City Manager’s decision through judicial review must be filed within ninety (90) days of said decision pursuant to the Code of Civil Procedures Section 1094.6. (Amending Resolutions: 3091) SEC. 1012 EFFECT OF DISCIPLINARY ACTIONS
a. Oral Reprimand
Employees may receive an oral reprimand.
b. Written Reprimand
Employees receiving a written reprimand shall have a copy filed in his/her personnel jacket kept in the Human Resources Office. The employee shall initial a copy of the reprimand prior to its filing, indicating that he/she has read the reprimand. The employee shall have the right to enclose a written response in his/her personnel jacket. c. Disciplinary Probation
Employees placed on disciplinary probation shall not accrue vacation, sick leave or earned time for salary review while on such probation.
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d. Suspension
Employees suspended from the municipal service shall forfeit all rights, privileges and salary while on such suspension with the exception of group health and life insurance benefits. e. Salary Reduction
Employees who have had their salary reduced shall receive the lowered salary until such time as the department head or City Manager determines that an increased salary is merited. f. Discharge
Employees terminated pursuant to SEC. 904 of these rules and regulations shall be paid salary for vacation and worked holidays accumulated to the effective date of termination, subject to SEC. 713, if applicable.

SEC. 1013 RELEASING OF INFORMATION RELATIVE TO DISCIPLINARY ACTION AGAINST

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

The foregoing personnel procedure is sanctioned under the Ralph M. Brown Act and related laws.

The Attorney General’s opinion interpreting Government Code Section 54957 is as follows:
“The purpose of SEC. 54957 is to protect individual public employees and officers from unfavorable publicity, and to permit private inquiry into the employee’s activities, or investigation of charges against such employees.”
SEC. 1014 INFORMAL COUNSELING WITH THE CITY MANAGER
Nothing in these rules and regulations shall prohibit the City Manager from meeting informally with an employee regarding possible disciplinary action in order to attempt to resolve the problem.

SEC. 1015 NON-APPLICABILITY
The provisions of this section shall not apply to reductions in the work force or reductions in pay which are part of a general plan to reduce or adjust salaries and wages. - 39 -
CHAPTER 11 – GRIEVANCE PROCEDURES
SEC. 1101 PURPOSE OF CHAPTER
Grievance procedures for employees are provided herein:
a. To promote improved employer/employee relationships by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. b. To afford employees, individually or through qualified employee organizations, a systematic means of obtaining further considerations of problems after every other reasonable effort has failed to resolve them through discussions.
c. To provide that grievances shall be settled as near as possible to the point of origin. d. To provide that grievances shall be resolved at the lowest possible supervisory or administrative level.

SEC. 1102 MATTERS SUBJECT TO GRIEVANCE PROCEDURES
For the purposes of this section, a grievance shall be considered as any matter for which appeal is not provided for, or prohibited, in the personnel ordinance concerning:
a. A dispute about the interpretation or application of any ordinance, rule or regulation governing personnel practices or working conditions.
b. A dispute about the practical consequences of a city decision on wages, hours and other terms and conditions of employment.
c. A decision affecting the employment of any regular or probationary employee over which his/her appointing power has partial or complete jurisdiction.

SEC. 1103 INFORMAL GRIEVANCE PROCEDURE
Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. The aggrieved employee should first attempt to resolve a grievance or complaint through discussions with his/her immediate supervisor within fifteen (15) days of the incident in question. If, after such discussion, the employee is not in agreement with the decision reached through such discussion, he/she shall have the right to file a formal written grievance within ten (10) calendar days following the receipt of the informal decision.

SEC. 1104 FORMAL GRIEVANCE PROCEDURE
Formal grievance procedure, after exhaustion of the informal grievance procedure, shall proceed as follows:
a. First Level of Review
A grievance shall be presented, in writing, to the employee’s immediate supervisor who shall render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. If the employee does not agree with his/her supervisor’s decision, or if no answer has been received within fifteen (15) calendar days, the employee may present the appeal, in writing, to his/her supervisor’s immediate superior. Failure of the employee to take further action within ten (10) days after receipt of the written decision of his/her supervisor, or within a total of twenty-five (25) calendar days if no decision is rendered, will constitute a withdrawal of the grievance. - 40 -
b. Second Level of Review
The supervisor receiving the grievance shall review it, render his/her decision and comments, in writing, and return them to the employee within fifteen (15) calendar days after receiving the appeal. If the employee does not agree with the decision, or if no answer has been received within fifteen (15) calendar days, he/she may present the appeal in writing to the department head. Failure of the employee to take further action within ten (10) days if no decision is rendered will constitute a withdrawal of the grievance. c. Third Level of Review
The grievance shall be presented, in writing, to the employee’s department head who shall discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The department head shall render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. If the employee does not agree with the decision reached, of if no answer has been received within fifteen (15) calendar days, he/she may proceed to the fourth level of review. Failure of the employee take further action within ten (10) calendar days after receipt of the decision, or within a total twenty-five (25) calendar days if no decision is rendered, will constitute withdrawal of the grievance. d. Fourth Level of Review
The grievance shall be presented, in writing, to the Human Resources Director, who shall forward it to the State of California Department of Industrial Relations Conciliation Service with a request that the Conciliation Service appoint a mediator to confer with the aggrieved employee and with the department head or his/her designee. After considering the merits of the grievance, the mediator shall forward his/her decision, in writing, to the Human Resources Director with copies to the department head and aggrieved employee. If either the employee or the department head does not agree with the decision reached by the mediator, a written appeal may be made to the City Manager within ten (10) calendar days following said decision. In the event there is no appeal, the decision of the mediator shall be final. e. Fifth Level of Review
Upon receiving an appeal from the fourth level, the City Manager or his/her designated representative shall discuss the grievance with the employee, his/her representative, if any, and with all appropriate persons. The City Manager shall render a decision, in writing, to the employee within twenty (20) calendar days after receiving the grievance. The decision of the City Manager shall be final.

SEC. 1105 CONDUCT OF GRIEVANCE PROCEDURE
a. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.
b. The employee may request the assistance of a representative of his/her own choosing in preparing and presenting his/her grievance at any level of review. c. Employees shall be free from reprisal from using the grievance procedure. d. Grievances which cannot be resolved at the lowest possible level may be expedited to the appropriate level. The decision as to what level is appropriate will be made by the department head after consultation with the affected employee and supervisor. (Amending Resolutions: 2765)
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CHAPTER 12 – MISCELLANEOUS
SEC. 1201 REPORTS OF CHANGE OF STATUS
All actions involving employment and change in status of employment shall be reported by the department head to the Human Resources Division on City of Tulare Personnel Action Forms. Copies of such reports shall be furnished to the employee involved.

SEC. 1202 DAMAGE CLAIMS
Any employee of the City of Tulare filing suit for damages arising from occupational injury shall notify the Finance Director of the amount of damages collected from such suits in order that all expenses paid by the city may be recovered.

SEC. 1203 GRATUITIES
No officer or employee of the city shall solicit or accept any gratuity for services rendered.

SEC. 1204 OUTSIDE EMPLOYMENT
Any regular employee desiring to engage in regular outside employment shall first obtain non-city conflict job approval from his/her department head. The employee shall submit a statement to his/her department head on a standard city form, naming the prospective employer, his/her address and telephone number, and outlining the proposed duties and the hours of work. Approval may be denied if, in the opinion of the department head, such outside employment is incompatible with the proper discharge of the employee’s official duties. All such approvals shall be subject to review by the Human Resources Director and shall be resubmitted prior to January 10 of each year to maintain a valid, continuous authorization.

SEC. 1205 TUITION REIMBURSEMENT
Regular city employees are eligible to receive tuition reimbursement for educational purposes which tend to improve their ability to accomplish their city jobs, such reimbursement shall be subject to administrative rules and procedures established by the Human Resources Division.

SEC. 1206 COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITY BUSINESS Regular city employees may receive compensation for the use of their personal vehicle in city business. Such compensation shall be at the prevailing Internal Revenue Service approved rate and upon approval of the employee’s department head. (Amending Resolutions: 3629) SEC. 1207 UNIFORM AND TOOL ALLOWANCE
a. Regular Employees of the Police Department
Regular Police personnel required to wear uniforms in the performance of their duties shall receive a uniform allowance of $825.00 per year (effective July 1, 2007, $900.00 per year), with the exception of Safety Dispatcher Clerk, Community Service Officer, and Police Records Specialist, who shall receive $350.00 per year. New employees of the Police Department shall receive, upon initial employment, two full sets of uniforms and two summer shirts and foul weather gear. Any new or reappointed employee whose appointment begins prior to January 1 of any year shall be granted the allotment for uniform maintenance. If appointed or reappointed after January 1, he/she shall be granted uniform allowance the following year. (09/93) (Amending Resolutions: 03-4969, 06-5308)
b. Regular Employees of the Fire Department
Regular Fire personnel required to wear uniforms in the performance of their duties shall receive a uniform allowance of $800.00 per year effective July 1, 2005 ($900.00 per year effective July 1, 2007). New employees of the Fire Department shall receive, upon initial employment, two pairs of paints, two shirts, one work jacket, one dress jacket, one belt, one pair of shoes, and one cap. Any new or reappointed employee whose appointment begins prior to - 42 -
January 1 of any year shall be granted the allotment for uniform maintenance. If appointed or reappointed after January 1, he/she shall be granted uniform allowance for the following year. (10/93) ($800.00 & $900.00 MOU-2005-2009) (Amending Resolutions: 95-4130, 06-5308) c. Other Employees
Employees in the Fleet Maintenance Division and employees at the wastewater treatment plant who are required to wear uniforms shall be provided with a uniform laundry service.

Coveralls for wastewater employees are included in the uniform service.

A stipend of $120.00 per year, for the purpose of securing steel toed boots, will be provided for employees who work with or around heavy equipment. Designated employees are required to wear and maintain said boots.

Uniforms and related articles for employees required to wear uniforms will be provided in the following manner:

1. Five (5) sets of uniforms will be provided to employee initially. Uniforms shall be the property of the city.

2. The city will permit flexibility for polo shirts as part of the city provided uniform.

3. Uniforms shall be replaced when a worn-out uniform is turned in, and/or a damaged uniform resulting from the course of employment is turned in.

4. One (1) set of coveralls shall be provided initially to employees in the Parks Division and Street Division, and two (2) sets of coveralls shall be provided initially to employees in the Water Division. Said coveralls will be replaced when a worn-out coverall is turned in, and/or a damaged coverall resulting from the course of employment is turned in. Coveralls shall be the property of the city.

5. Gloves shall be issued on an as-needed basis and shall be replaced by the city when the worn or damaged pair is turned in.

6. One (1) orange safety jacket shall be provided initially to employees working in street rights-of-way. Said jacket will be replaced when the worn-out jacket is turned in, and/or a damaged jacket resulting from the course of employment is turned in. Jackets shall be the property of the city.

7. The uniform allowance for Police Senior Safety Dispatcher, Safety Dispatcher, Community Service Officer, Police Records Specialist, and Coe Enforcement Officer shall be $350.00 per year. (Amending Resolutions: 06-5374)

8. In July of each year, field superintendents (i.e. Fleet Maintenance, Facilities Maintenance, Parks, Solid Waste, Water, and Wastewater) shall receive a uniform allowance of $180. (Amending Resolutions: 06-5374)
(Amending Resolutions: 95-4130, 06-5308, 06-5374)
d. Additional Uniforms and Uniform Allowance Procedures Any additional uniforms needed shall be supplied at the employee’s expense. The City Manager shall establish such regulations and procedures needed for the administration of the uniform allowance procedure. (Amending Resolutions: 3740) - 43 -
e. Tool Allowance
Effective July 1, 2001, employees in positions requiring use of personal tools shall receive an annual allowance of $200.00 for broken, lost, and/or stolen tools. The only positions where personal tools are required are those in the Fleet Maintenance Division. (Amending Resolutions:
01-4783)
SEC. 1208 POLITICAL ACTIVITY
The political activity of city employees shall be governed by the appropriate provisions of the Government Code, provided that:
a. No employee shall participate in political activities of any kind while in uniform. b. Employees shall not engage in political activities during working hours. c. Employees shall not conduct any political activities on the premises of any city buildings or work site.

SEC. 1209 CONFLICT OF INTEREST
All designated employees shall comply with departmental conflict of interest codes or the applicable regulations adopted by the Fair Political Practices Commission.

SEC. 1210 DAMAGED EQUIPMENT REVIEW COMMITTEE
a. Police Department
A Police Department Damaged Equipment Review Committee shall be established for the purpose of reviewing and determining the rate of payment for all claims for clothing or equipment damaged in the line of duty. The committee shall be composed of a representative from the Human Resources Division, Police Department administrative staff and the officers in general. b. Fire Department
A Fire Department Damaged Clothing Review Board shall be established for the purpose of reviewing and determines rates of pay for claims for clothing damaged in the line of duty. No more than one set of glasses may be considered in any two year period. The Board shall be composed of a representative from the Human Resources Division, Fire Department administrative staff and the Association. (Amending Resolutions: 3145)
SEC. 1211 MANAGEMENT EMPLOYEES
a. Definition
Management employees shall include, but not be limited to: City Manager, Administrative Services Director, Chief Deputy City Clerk, Deputy City Clerk, Human Resources Analyst, Management Analyst, Senior Management Analyst, Fire Chief, Fire Division Chief, Fire Battalion Chief, Fire Captain, Senior Code Enforcement Officer, Finance Director/Treasurer, Assistant Finance Director, Accounting Manager, Information Technology Manager, Utility/Purchasing/Revenue Officer, Public Works Director, Assistant Public Works Director, City Engineer, Assistant City Engineer, Senior Civil Engineer, Street Manager, Solid Waste Manager, Water Utility Manager, Wastewater Manager, Planning and Building Director, Chief Building Official, Principal Planner, Senior Planner, Police Chief, Police Captain, Police Lieutenant, Police Sergeant, Recreation & Parks Director, Recreation and Community Services Manager, Recreation Supervisor, Senior Services Administrator, Parks Development & Operations Manager, Facilities Maintenance & Airport Operations Manager, Fleet Maintenance Manager, Library Director, Senior Librarian, Librarian, Economic and Redevelopment Director, Economic Development Manager and Redevelopment Project Manager. (Amending Resolutions: 03-4969, 06-5308) b. Management Employee Benefits
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In addition to the regular benefits received by all employees, those designated as management and confidential shall receive management leave as provided in SEC. 809 “Management Leave”; may accumulate up to a maximum of forty (40) days of annual vacation leave; may be eligible for overtime compensation for hours resulting from unusual or emergency circumstances; shall be compensated at their current rate of pay for 50 per cent of unused sick leave upon separation or at retirement after having a minimum of ten (ten) years of full time service; each year, shall receive 50 per cent of earned sick leave exceeding the maximum accumulation either in reversion to vacation or in compensation at the employee’s current rate of pay, at the option of the employee; may receive compensation in lieu of up to five (5) working days of vacation each fiscal year; after five (5) years of city service, an additional five (5) working days of vacation each fiscal year may be compensated after five (5) days of vacation have been utilized as actual time off; for those employees who are within twenty-four (24) hours of maximum vacation accrual, an additional five (5) days of vacation each fiscal year may be compensated after five (5) days of vacation have been utilized as actual time off; effective July 1, 2006, have 8 per cent of the employee’s contribution to the Public Employees’ Retirement System paid by the city (7% in lieu of salary increases for fiscal year 1978/79); and shall be provided with term life insurance in accordance with SEC. 1213(b). (Amending Resolutions: 99- 4560, 00-4713)
c. Department Head Car Allowance Program
Department heads in the following classifications: Administrative Services Director, City Engineer, Economic & Redevelopment Director, Public Works Director, Finance Director/Treasurer, Library Director, Recreation & Parks Director, Planning and Building Director, shall be eligible for a monthly car allowance of $400.00 per month, in lieu of the city providing a department head staff vehicle.

If a department head chooses to receive a monthly vehicle allowance in lieu of a vehicle, mileage will be reimbursed for round trip miles in excess of 100 miles at the rate of 50 per cent of the rate allowed by Internal Revenue Service regulations.

City credit cards are for the exclusive use of city owned vehicles, and are not to be utilized to purchase fuel or other related supplies for privately owned vehicles. (Amending Resolutions: 00-4687, 03-4969, 06-5308)
(Former sub-section “c” – Cafeteria Plan – rescinded by Resolution 06-5308) SEC. 1212 INSURANCE – HEALTH, DENTAL AND VISION
a. For non-management miscellaneous and public safety employees enrolled for dependent insurance coverage, the city shall contribute 65 per cent of the premium per month toward the employee health, dental, vision and life insurance and dependent health, dental, vision and life insurance costs. The employee shall contribute 35 per cent per month toward the cost of dependent insurance coverage. (Amending Resolutions: 03-4969, 06-5308) b. For management and confidential employees enrolled for dependent insurance coverage, the employee contribution shall not exceed 35 per cent per month. (Amending Resolutions: 03-4969, 06-5308)
c. For management and confidential, miscellaneous and public safety employees not enrolled for dependent insurance coverage, the city shall pay the entire amount of the employee health, dental, vision and life insurance cost. Effective October 1, 2005, regular part-time employees hired after the effective date (i.e. an employee assigned to work less than the standard 40 hour work week) shall pay a proportional share of the employee premium. Regular part-time employees hired prior to October 1, 2005, are grandfathered from paying a portion of the employee premium. (Amending Resolutions: 03-4969, 06-5308) - 45 -
d. Employees hired after June 23, 1984, upon retirement, shall pay 100 per cent of the total costs of the health insurance premium (with or without dependent coverage). Any increases in future premiums after retirement shall be borne by the retiree. Effective July 1, 2000, in order to be eligible for said benefits, the employee must directly retire, be at least 55 years of age, and have provided ten years of service to the City of Tulare. Effective August 1, 2006, management employees with more than 20 years of service with the City of Tulare and attaining the age of 50 and retiring are eligible to continue on the city health insurance at the same rate as if they were 55. (Amending Resolutions: 00-4687, 06-5374)
e. If the health insurance administrator recommends future rate increases or program modifications to be implemented, he/she shall make a recommendation to the Health Insurance Committee stating the reasons why such increase or change is recommended. The Health Insurance Committee shall then make a recommendation to the City Manager within thirty (30) calendar days after receipt of said recommendation. The City Manager will make a decision based on the information provided, and present it to the City Council for implementation. The city and employees agree to pay any increased costs in the same proportion as the current contribution. (Amending Resolutions: 01-4783)
f. Non-management miscellaneous employees may buy back vacation time for incurred medical costs under the following conditions:

1. Employee may exchange up to four (4) weeks (160 hours) annually for out of pocket medical expenses.

2. An exchange may not reduce an employee’s vacation bank to less than forty (40) hours.

3. Routine withholding taxes will apply.

4. An employee must incur a minimum of $1,000 out of pocket expenses to be eligible for buy back.

5. Absent an emergency (a one-time expense of more than $1,000), all exchanges will take place in May with payment to the employee by the first pay period in June. In an emergency, the exchange and payment to the employee shall be processed within one month of notification to the Tulare City Human Resources Division. Copies of current bills (May 1 through April 30) must be submitted to substantiate the need for the vacation exchange. (Amending Resolutions: 03-4969)
SEC. 1213 INSURANCE – LIFE
a. Life insurance for non-management employees shall be provided at $20,000 effective September 1, 2003. (Amending Resolutions: 03-4969) b. The term life insurance portion of the employee health insurance plan shall be provided for management employees (as defined in SEC. 1211), as specified in the employee health insurance policy, in the following manner:
(see next page)
- 46 -
Annual Salary Term Life Insurance
$ 10,000-15,000 $ 10,000
15,001-20,000 15,000
20,001-25,000 20,000
25,001-30,000 25,000
30,001-35,000 30,000
35,001-40,000 35,000
40,001-45,000 40,000
45,001-50,000 45,000
50,001-55,000 50,000
55,001 or more An annual amount equal to one times the employee’s annual rate of base earnings rounded to the nearest
multiple of $1,000.00 if not already an even multiple
thereof, subject to a maximum of $150,000
The premium for said term life insurance will be at the cost of the city. (Amending Resolutions:
01-4783)
c. Life insurance for non-management sworn Fire personnel shall be $25,000.00. (Amending Resolutions: 01-4768) SEC. 1214 RETIREMENT
All regular and regular part-time employees are members of the Public Employees’ Retirement System. The employees and the city shall be subject to changes in the exact contributions and benefits, as determined by the system. The actual terms of retirement benefits for miscellaneous members and local safety members shall be determined by retirement system contracts. (Amending Resolutions:
3740)
SEC. 1215 DEFERRED COMPENSATION
a. All regular employees may, at the employee’s request, be included in a Deferred Compensation Plan whereby the employee may provide for the deferral of a specified amount of current income to be invested and the payment of such deferred amount and interest thereon to be made at a later date. Said Deferred Compensation Plan shall be subject to approval by the Internal Revenue Service. Implementation of the plan shall involve no cost or charge to the city.
b. Effective the first full pay period in July 2001, the city will match, in increments of $25.00, up to $75.00 per month in deferred compensation for all sworn employees of the Fire Department through the rank of Battalion Chief. (Benefit traded for Bachelors Degree/educational incentive program) (Amending Resolutions: 01-4768, 06-5308) SEC. 1216 PERSONNEL FILES
An employee or his/her recognized employee representative, with the written consent of the employee, shall be entitled to review his/her personnel folder upon request. The employee shall, in advance, be advised of, entitled to read and respond to, all statements written by the employee’s supervisor, department head or fellow employee of his/her work performance or conduct if such statement is to be placed in the employee’s file. No such material shall be filed until an employee has had the opportunity to review and respond to such material. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents. (Amending Resolutions: 2765) - 47 -
SEC. 1217 POSITION RECLASSIFICATION
a. Position Reclassification
An employee who believes his/her position is wrongly classified may submit a written request to his/her supervisor for reclassification. Requests shall state the reason the employee believes the present class is not appropriate and which class the employee believes is appropriate, based on the employee’s present duties. Requests must be made to the Human Resources Division in January or February, so that changes may be presented to the City Council in July. Effective July 1, 2006, requests must be made to the Human Resources Division in November and December so that changes may be presented to the City Council during the budget process to be effective in July. (Amending Resolutions: 3887, 06-5308) b. Classification Analysis
The supervisor shall forward the request to the department head. The department head shall then request that the Human Resources Director conduct a classification analysis. When the classification analysis is completed, a written response will be sent to the employee and the department head. The city shall endeavor to complete the analysis as soon as practicable. (Amending Resolutions: 3887)
c. Appeals
If the employee disagrees with the response of the Human Resources Director, he/she may appeal to the City Manager in writing. The written appeal must state the reasons why he/she feels that the Human Resources Director’s findings were incorrect. The City Manager may review the appeal, assign it to his designee or establish an advisory committee to review the matter. The decision of the City Manager shall be final. (Amending Resolutions: 3887) SEC. 1218 LONG TERM DISABILITY PLAN
For sworn Police personnel, the city shall contribute up to $17.13 per month to a long term disability plan (in lieu of a one per cent salary increase for the 1982/83 fiscal year). (Amending Resolutions: 97- 4286)
SEC. 1219 EMPLOYEE ASSISTANCE PROGRAM POLICY
The city recognizes emotional, medical and substance abuse (alcohol and drugs) problems as treatable conditions. An employee’s problem with alcohol and drug abuse, etc., will be a concern only when it manifests affect upon his/her job performance. There is no desire on the part of the city to intrude into the employee’s private life. However, if personal problems begin to impact job performance, the Employee Assistance Program provides the employee with a possible alternative to disciplinary action. It is expected that the responsibility for recovery rests with the employee. Employees who suspect that they have problem will take advantage of diagnostic, counseling and assessment services made available through the Employee Assistance Program. (Amending Resolutions: 3001) SEC. 1220 FLEXIBLE BENEFITS PROGRAM
The city shall establish a flexible benefits program, effective October 1, 1987, in accordance with Section 125 of the Internal Revenue Code. The city shall contribute the entire implementation cost and the employees shall be responsible for the monthly cost. Participation in the flexible benefits program is available to management, confidential, miscellaneous, police and fire personnel. (Amending Resolutions: 3629) SEC. 1221 VEHICLE USE POLICY
The City Manager shall determine the allocation of usage of city-owned vehicles in accordance with the business needs of the city. All city-owned vehicles shall be operated in conformance with administrative policy, unless the use of a vehicle is otherwise controlled by actual agreement or other policy adopted by the City Council. The City Manager shall be the responsible authority for interpretation and implementation of adopted vehicle use policies. (Amending Resolutions: 3408) - 48 -
SEC. 1222 FIRE DEPARTMENT WELLNESS PROGRAM (IMPLEMENTED JANUARY 1, 1998) After completion of the Cal-OSHA required annual “Respiratory Protection Standard”, the information contained in the “Respirator Medical Evaluation Questionnaire”, along with the test results from the “Wellness Screening” and a copy of the current job description are to be submitted to the physician or licensed health care professional of the employee’s choice for a “mandatory fit for duty physical”.

All information in the questionnaire is and shall remain confidential. The information shall not be released to the city unless the physician determines that the employee is not physically able to perform his/her duties, as described in the current job description. Once an employee is determined to be unfit for duty, the city shall make every effort to work with the employee to help correct the problem. (Amending Resolutions: 01-4783)
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CHAPTER 13 – EMPLOYER/EMPLOYEE RELATIONS
SEC. 1301 PURPOSE
The purpose of this chapter is to implement Sections 3500, etc., of the Government Code of the State of California, “Local Public Employee Organizations”, by providing orderly procedures for the administration of employer/employee relations between the City of Tulare and its employee organizations.

However, nothing contained herein shall be deemed to supersede the provisions of state law or existing city ordinances and resolutions establishing and regulating the employee merit system or which provide for other methods of administering employer/employee relations.

It is the purpose of this chapter to provide procedures for meeting and conferring in good faith with recognized employee organizations regarding matters which directly affect and primarily involve the wages, hours and other terms of employment of employees in appropriate units and that are not preempted by federal or state law or City Charter. However, nothing herein shall be construed to restrict any legal or inherent exclusive city rights with respect to matters of general legislative or managerial policy which include, among others: the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary actions; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which governmental operations are to be conducted; take all necessary actions to carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work.

This chapter is intended to strengthen the merit system of administering employer/employee relations through the establishment of uniform and orderly methods of communication between employees, employee organizations and the city.
(Police Only)
The rights of the city derive from the Constitution of the State of California and the Government Code and not from Memoranda of Understanding (MOU’s). All matters not specifically addressed in a valid MOU are reserved to the city. The exercise of the express and implied powers, rights, duties and responsibilities by the city, such as the adoption of policies, rules, regulations and practices, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of a valid MOU. The city has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing these services limited only by the specific and express terms of a valid MOU. The exclusive rights of the city shall include, but not be limited to, the right to determine the organization of city government and the mission of its constituent agencies; to determine the nature, quantity and quality of services to be offered to the public and to determine the means of operation, the materials and personnel to be used, the right to introduce new or improved methods or facilities and to change or alter personnel, methods, means, materials and facilities; to exercise control and discretion over its organization and operation through its managerial employees; to establish and effect rules and regulations consistent with applicable law; to establish and implement standards of selecting city personnel and standards for continued employment with the city; to direct the work force by determining the work to be performed, the personnel who shall perform the work, assigning overtime and scheduling the work; to take disciplinary action; to relieve its employees from duty because of lack of work, funds or for other reasons; and to otherwise act in the interest of efficient service to the community. The city retains its rights to take whatever actions it deems appropriate during an emergency, including the suspension of the terms of a MOU. The determination of whether an emergency exists is solely within the discretion of the city and is expressly excluded from the provisions of any grievance procedure. - 50 -
When an emergency is declared, the city shall immediately notify the Union. The city agrees to meet and confer on the effects, if any, as soon thereafter as practicable.

The continued and uninterrupted provision of service to the public is of paramount importance. Therefore, neither the Union, nor any person acting on its behalf, nor any employee in a classification represented by the Union, nor any combination thereof, shall cause, authorize, engage in, encourage or sanction a work stoppage, slow down or picketing against the city, or the concerted failure to report for duty, or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity. If the city determines to its satisfaction that any activity prohibited by Paragraph One of this article has taken place, the city may take whatever remedial action it deems appropriate.
(Amending Resolutions: 2843)
SEC. 1302 DEFINITIONS
As used in this chapter, the following terms have the meaning indicated:
a. Appropriate Unit means a unit employee classes or positions established pursuant to this chapter.
b. City means the City of Tulare and, where appropriate herein, refers to the City Council or ay duly authorized city representatives as herein defined. c. Confidential Employee means an employee who, in the course of his or her duties, has access to information relating to the city’s administration of employer/employee relations. d. Consult/Consultation in Good Faith means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement, nor is it subject to SEC. 1315 hereof. e. Day means a calendar day unless expressly stated otherwise. f. Employee Relations Officer means the City Manager or his/her duly authorized representative. g. Impasse means that the representatives of the city and a recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding and concerning matters on which they are required to meet and confer remain so substantial and prolonged that further meeting and conferring would be futile.
h. Management Employee means an employee designated in SEC. 1211. i. Proof of Employee Support means 1) an authorization card recently signed and personally dated by an employee, or 2) a verified authorization petition or petitions recently signed and dated by an employee, or 3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one (1) employee organization for the account of any one employee shall not be considered as proof of employee support for any organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization signed by an employee. The words “recently signed” shall mean within one hundred eighty (180) days prior to the filing of a petition. - 51 -
j. Recognized Employee Organization means an employee organization which has been formally acknowledged by the city as the employee organization that represents the employees in an appropriate representation unit pursuant to this chapter.

SEC. 1303 FILING OF RECOGNITION PETITION
An employee organization that seeks to be formally acknowledged as the recognized employee organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation:
a. Name and address of the employee organization.
b. Name and titles of its officers.
c. Names of employee organization representatives who are authorized to speak on behalf of the organization.
d. A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the city.
e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner with, a local, regional, state, national or international organization and, if so, the name and address of each such other organization. f. Certified copies of the employee organization’s constitution and by-laws. g. A designation of those persons, not exceeding two (2) in number, and their addresses, to which notice, sent by regular United Sates mail, will be deemed sufficient notice on the employee organization for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, creed, sex or national origin.
i. The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. j. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the city. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. k. A request that the Employee Relations Officer formally acknowledge the petition as the recognized employee organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.

The petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.

SEC. 1304 CITY RESPONSE TO RECOGNITION PETITION
Upon receipt of the petition, the Employee Relations Officer shall determine whether:
a. There has been compliance with the requirements of the recognition petition; and - 52 -
b. The proposed representation unit is an appropriate unit in accordance with SEC. 1308.

If an affirmative determination is made by the Employee Relations Officer on the foregoing two (2) matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit, and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons thereof in writing. The petitioning employee organization may appeal such determination in accordance with SEC. 1310 of this chapter.

SEC. 1305 OPEN PERIOD FOR FILING CHALLENGING PETITION
Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least 30 per cent and otherwise in the same form and manner as set forth in SEC. 1303. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping unit petitions for the purpose of ascertaining the more appropriate unit, at which time, the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in this chapter. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to SEC. 1310.

SEC. 1306 ELECTION PROCEDURE
a. The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of this chapter.

All employee organizations who have duly submitted petitions which have been determined to be in conformance with this chapter shall be included on the ballot. The choice of “no organization” shall also be included on the ballot. Employees entitled to vote on such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work such period because of illness, vacation or other authorized leave of absence, and who are employed by the city in the same unit on the date of election. An employee organization shall be formally acknowledged as the recognized employee organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three (3) or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two (2) choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election. b. There shall be no more than one valid election under this resolution pursuant to any petition in a twelve (12) month period affecting the same unit.
c. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the American Arbitration Association. d. Costs of conducting an election(s) shall be borne in equal shares by the city and by each employee organization appearing on the ballot. - 53 -
SEC. 1307 PROCEDURE FOR DECERTIFICATION OF RECOGNIZED EMPLOYEE

ORGANIZATION
a. A decertification petition alleging that the incumbent recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of January of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred eighty (180) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs first. A decertification petition may be filed by two (2) or more employees or their representative of an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory, under penalty of perjury, to be true, correct and complete:

1. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.

2. The name of the established appropriate unit and of the incumbent recognized employee organization sought to be decertified as the representative of that unit.

3. An allegation that the incumbent recognized employee organization no longer represents a majority of the employees in the appropriate unit and any other relevant and material facts relating thereto.

4. Proof of employee support that at least 30 per cent of the employees in the established appropriate unit no longer desire to be represented by the incumbent recognized employee organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this section.
b. An employee organization may, in satisfaction of the decertification petition requirements hereunder, file a petition under this section in the form of a recognition petition that evidences proof of employee support of at least 30 per cent and otherwise conforms to the requirements of SEC. 1303.
c. The Employee Relations Officer shall initially determine whether the petition has been filed in compliance with the applicable provisions of this chapter. If his/her determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such petition to the employees or employee organization with a statement of the reasons therefor in writing. The petitioning employees or employee organization may appeal such determination in accordance with SEC. 1310. If the determination of the Employee Relations Officer is in the affirmative or if his/her negative determination is reversed on appeal, he/she shall give written notice of such decertification or recognition petition to the incumbent recognized employee organization and to unit employees. d. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a recognition petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with SEC. 1306.

SEC. 1308 POLICY AND STANDARDS FOR DETERMINATION OF APPROPRIATE UNITS a. The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on 1) the efficient operations of the city and its compatibility with the primary responsibility of the city and its employees to effectively and economically serve the public; and - 54 -
2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:

1. Similarity of the general kinds of work performed, types of qualifications required and the general working conditions.

2. History of representation in the city and similar employment; except, however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.

3. Consistency with the organizational patterns of the city.

4. Number of employees and the effect on the administration of employer/employee relations created by the fragmentation of classifications and proliferation of units.

5. Effect on the classification structure and impact on the stability of the employer/employee relationship of dividing a single or related classification among two or more units. b. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions and retain, relocate or delete modified classifications or positions from units in accordance with the provisions of this section. (Amending Resolutions: 2678)
SEC. 1309 PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS a. Requests by employee organizations for modification of established appropriate units may be considered by the Employee Relations Officer only during the period specified in SEC. 1307.

Such requests shall be submitted in the form of a recognition petition and, in addition to the requirements set forth in SEC. 1303, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in SEC. 1308. the Employee Relations Officer shall process such petitions as other recognition petitions under this chapter.
b. The Employee Relations Officer may, on his/her own motion, propose, during the period specified in SEC. 1307, that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with SEC. 1308 and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer’s determination may be appealed as provided in SEC. 1310. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file recognition petitions seeking to become the recognized employee organization for such new appropriate unit or units pursuant to SEC. 1303.

SEC. 1310 APPEALS
An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this chapter may, within ten (10) days of notice thereof, appeal such determination to the City Council for final decision within fifteen (15) days of the Employee Relations Officer’s determination or the termination of proceedings pursuant to Government Code Section 3507.1 or 3507.3, whichever is later.
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An employee organization aggrieved by a determination of the Employee Relations Officer that a recognition petition, challenging petition or decertification of recognition petition - or employees aggrieved by a determination of the Employee Relations Officer that a decertification petition – has not been filed in compliance with the applicable provisions of this chapter, may, within fifteen (15) days of notice of such determination, appeal the determination to the City Council for final decision.

Appeals to the City Council shall be filed in writing with the City Clerk and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the City Council on the use of such procedure and/or any decision of the City Council determining the substance of the dispute shall be final and binding.

SEC. 1311 SUBMISSION OF CURRENT INFORMATION BY RECOGNIZED EMPLOYEE

ORGANIZATIONS
All changes in the information filed with the city by a recognized employee organization(s) of its recognition petition shall be submitted in writing to the Employer Relations Officer within fourteen (14) days of such change.

SEC. 1312 EMPLOYEE ORGANIZATION ACTIVITIES
Access to city work locations and the use of city paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures; shall be limited to activities pertaining directly to the employer/employee relationship, and not for such internal employee organization business as soliciting membership, campaigning for office and organization meetings and election; and shall not interfere with the efficiency, safety and security of city operations.

SEC. 1313 ADMINISTRATIVE RULES AND PROCEDURES
The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this resolution after consultation in good faith with affected employee organizations.

SEC. 1314 INITIATION OF IMPASSE PROCEDURES
If the meet and confer process has reached impasse as defined in this chapter, either party may initiate procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such impasse meeting shall be:
a. To identify and specify in writing the issue or issues that remain in dispute. b. To review the position of the parties in a final effort to resolve such disputed issue or issues. c. If the dispute is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.

SEC. 1315 IMPASSE PROCEDURES
Impasse procedures are as follows:
a. If the parties agree to submit the dispute to mediation and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private.

The mediator shall make no public recommendation nor take any public position at any time concerning the issues.
- 56 -
b. If the impasse has not been resolved through such mediation, the City Council shall take such action regarding the impasse as it, in its discretion, deems appropriate as in the public interest.

Any legislative action by the City Council on the impasse shall be final and binding.

SEC. 1316 COSTS OF IMPASSE PROCEDURES
The costs for the services of a mediator utilized by the parties and other mutually incurred costs of mediation shall be borne equally by the city and the recognized employee organization.

SEC. 1317 MISCELLANEOUS PROVISIONS
a. Nothing in this chapter shall be construed to deny to any person, employee, organization, the city or any authorized officer, body or other representatives of the city, the rights, powers and authority granted by federal or state law or City Charter provisions. b. This chapter shall be interpreted so as to carry out its purposes as set forth in SEC. 1301. c. Nothing in this chapter shall be construed as to making the provisions of California Labor Code Section 923 applicable to city employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination and may be deemed to have abandoned their employment; and employee organizations may thereby forfeit all rights accorded them under this chapter and other city law for a period of up to one (1) year from commencement of such activity.

SEC. 1318 PEACE OFFICERS
Peace Officers, as that term is defined in Section 830.1 of the California Penal Code, shall not join or participate in any employee organization except an employee organization which is composed solely of such Peace Officers which concerns itself solely and exclusively with the wages, hours, working conditions, welfare programs and advancement of the academic and vocational training in furtherance of the police profession and which is not subordinate to any other organization.

SEC.1319 SEVERABLITY
If any provision of this chapter, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this chapter or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.

CITY OF TULARE MERIT SYSTEM RULES AND REGULATIONS
INDEX
CHAPTER 1 – GENERAL..................................................................................................................1 CHAPTER 2 – DEFINITIONS ............................................................................................................2 CHAPTER 3 – EMPLOYMENT..........................................................................................................4 CHAPTER 4 – COMPENSATION AND HOURS................................................................................8 CHAPTER 5 – PROBATIONARY STATUS......................................................................................21 CHAPTER 6 – ANNUAL VACATION LEAVE...................................................................................22 CHAPTER 7 – SICK LEAVE............................................................................................................26 CHAPTER 8 – OTHER LEAVES OF ABSENCE..............................................................................30 CHAPTER 9 – TERMINATION OF EMPLOYMENT.........................................................................32 CHAPTER 10 – DISCIPLINARY PROCEEDINGS...........................................................................34 CHAPTER 11 – GRIEVANCE PROCEDURES................................................................................38 CHAPTER 12 – MISCELLANEOUS.................................................................................................40 CHAPTER 13 – EMPLOYER/EMPLOYEE RELATIONS..................................................................48 
Absence Without Leave
Sec. 802 ...................................................................................................................................30 Administrative Rules and Procedures (Employer/Employee Relations) Sec. 1313 .................................................................................................................................54 Acceptance of Rules, Employment Constitutes
Sec. 105 .....................................................................................................................................1 Adoption of Rules and Regulations
Sec. 101 .....................................................................................................................................1 Age
Sec. 303 .....................................................................................................................................4 Appeal, Right of (Disciplinary Proceedings)
Sec. 1011 .................................................................................................................................36 Appeal, Right of: Decision (Disciplinary Proceedings)
Sec. 1007 .................................................................................................................................36 Appeal, Right of: Failure of Employee to Appear (Disciplinary Proceedings) Sec. 1010 .................................................................................................................................36 Appeal, Right of: Hearing (Disciplinary Proceedings)
Sec. 1008 .................................................................................................................................36 Appeal, Right of: Representation (Disciplinary Proceedings) Sec. 1009 .................................................................................................................................36 Appeals (Employer/Employee Relations)
Sec. 1310 .................................................................................................................................53 Application
Sec. 305 .....................................................................................................................................4 Appointment, Categories of
Sec. 308 .....................................................................................................................................5 Appropriate Units, Policy & Standards for Determination of (Employer/Employee Relations) Sec. 1308 .................................................................................................................................52 Appropriate Units, Procedure for Modification of Established (Employer/Employee Relations) Sec. 1309 .................................................................................................................................53 Attendance
Sec. 408 ...................................................................................................................................10 Bereavement Leave
Sec. 810 ...................................................................................................................................31 Bilingual Pay
Sec. 433 ...................................................................................................................................20 Briefing Time
Sec. 424 ...................................................................................................................................16 Certifications, Compensation for
Sec. 434 ...................................................................................................................................20 Change of Status, Report
Sec. 1201 .................................................................................................................................40 Citizenship
Sec. 301 .....................................................................................................................................4 Compensation and Hours
Chapter 4....................................................................................................................................8 Compensation During Attendance of Training Course During Vacation, Holiday, Days Off Sec. 422 ...................................................................................................................................15 Compensation for Certifications
Sec. 434 ...................................................................................................................................20 Compensation for Fractions of Hours Worked
Sec. 427 ...................................................................................................................................17 Compensation for Sick Leave Upon Retirement
Sec. 714 ...................................................................................................................................29 Compensation for Sick Leave Upon Termination
Sec. 713 ...................................................................................................................................29 Compensation for Temporary Work in Higher Classification Sec. 426 ...................................................................................................................................17 Compensation for Use of Private Automobile in City Business Sec. 1206 .................................................................................................................................40 Compensation for Work on Paid Holidays
Sec. 421 ...................................................................................................................................14 Compensation Plan
Sec. 401 .....................................................................................................................................8 Compensation Plan, Administration and Review of
Sec. 402 .....................................................................................................................................8 Compensation: Sick Leave
Sec. 425 ...................................................................................................................................16 Compensation, Stand-by
Sec. 414 ...................................................................................................................................11 Compensatory Time Off, Depletion of
Sec. 711 ...................................................................................................................................28 Conflict of Interest
Sec. 1209 .................................................................................................................................42 Continued Employment
Sec. 310 .....................................................................................................................................6 Counseling with City Manager, Informal (Disciplinary Proceedings) Sec. 1014 .................................................................................................................................37 Damage Claims
Sec. 1202 .................................................................................................................................40 Damaged Equipment Review Committee
Sec. 1210 .................................................................................................................................42 Deductions (from employee pay)
Sec. 419 ...................................................................................................................................13 Decertification of Recognized Employee Organization, Procedure (Employer/Employee Relations) Sec. 1307 .................................................................................................................................52 Deferred Compensation
Sec. 1215 .................................................................................................................................45 Definition of Terms
Sec. 201 .....................................................................................................................................2 Definitions (Employer/Employee Relations)
Sec. 1302 .................................................................................................................................49 Demotion (Compensation and Hours)
Sec. 314 .....................................................................................................................................7 Department Head Performance Incentive Program
Sec. 431 ...................................................................................................................................19 Disciplinary Action Against Employee, Releasing of Information Relative to Sec. 1013 .................................................................................................................................37 Disciplinary Action, Causes for
Sec. 1002 .................................................................................................................................34 Disciplinary Action: Definition
Sec. 1001 .................................................................................................................................34 Disciplinary Action, Effect of
Sec. 1012 .................................................................................................................................36 Disciplinary Action, Imposition of
Sec. 1005 .................................................................................................................................35 Disciplinary Action, Persons by Whom Action May Be Taken Sec. 1003 .................................................................................................................................35 Disciplinary Action, Procedure Preceding Imposition of
Sec. 1004 .................................................................................................................................35 Disciplinary Proceedings
Chapter 10................................................................................................................................34 Disciplinary Proceedings – Extraordinary Circumstances
Sec. 1006 .................................................................................................................................35 Disciplinary Proceedings: Non-Applicability
Sec. 1015 .................................................................................................................................37 Education Incentive: Sworn Police and Fire Department Personnel Sec. 423 ...................................................................................................................................15 Educational Leave
Sec. 811 ...................................................................................................................................31 Election Procedure (Employer/Employee Relations)
Sec. 1306 .................................................................................................................................51 Employee Assistance Program Policy
Sec. 1219 .................................................................................................................................46 Employee Organization Activities-Use of City Resources (Employer/Employee Relations) Sec. 1312 .................................................................................................................................54 Employee Rehabilitation
Sec. 712 ...................................................................................................................................28 Employer/Employee Relations
Chapter 13................................................................................................................................48 Employer/Employee Relations – Purposes
Sec. 1301 .................................................................................................................................48 Employment
Chapter 3....................................................................................................................................4 Fire Department Wellness Program
Sec. 1222 .................................................................................................................................47 Flexible Benefits Program
Sec. 1220 .................................................................................................................................46 Gratuities
Sec. 1203 .................................................................................................................................40 Grievance Procedure
Chapter 11................................................................................................................................38 Grievance Procedure, Conduct of
Sec. 1105 .................................................................................................................................39 Grievance Procedure, Formal
Sec. 1104 .................................................................................................................................38 Grievance Procedure, Informal
Sec. 1103 .................................................................................................................................38 Grievance Procedure, Matters Subject to
Sec. 1102 .................................................................................................................................38 Grievance Procedure, Purpose of Chapter
Sec. 1101 .................................................................................................................................38 Holidays, Accumulation of Paid In-Lieu
Sec. 432 ...................................................................................................................................20 Holidays-Paid, Compensation for Work on
Sec. 421 ...................................................................................................................................14 Holidays, Paid
Sec. 420 ...................................................................................................................................13 Holidays, Vacation in Lieu of for Public Safety Employees Sec. 610 ...................................................................................................................................24 Holidays Within Sick Leave
Sec. 705 ...................................................................................................................................26 Holidays Within Vacation Leave
Sec. 607 ...................................................................................................................................24 Illness Within Vacation Leave
Sec. 608 ...................................................................................................................................24 Sec. 706 ...................................................................................................................................27 Impasse Procedures
Sec. 1315 .................................................................................................................................54 Impasse Procedures, Costs of
Sec. 1316 .................................................................................................................................55 Impasse Procedures, Initiation of
Sec. 1314 .................................................................................................................................54 Ineligibility or Disqualification (Employment)
Sec. 307 .....................................................................................................................................5 Insurance, Health, Dental and Vision
Sec. 1212 .................................................................................................................................43 Insurance – Life
Sec. 1213 .................................................................................................................................44 Investigation Assignment
Sec. 428 ...................................................................................................................................17 Jury Duty: Leave of Absence
Sec. 806 ...................................................................................................................................30 Leave for Attendance at Industrial Accident Commission Hearing Sec. 808 ...................................................................................................................................31 Leave of Absence Without Pay
Sec. 801 ...................................................................................................................................30 Leave of Absence: Death Outside the immediate Family
Sec. 803 ...................................................................................................................................30 Long Term Disability Plan
Sec. 1218 .................................................................................................................................46 Management and Confidential Employees
Sec. 1211 .................................................................................................................................42 Management Leave
Sec. 809 ...................................................................................................................................31 Maternity
Sec. 804 ...................................................................................................................................30 Merit System, Administration of
Sec. 102 .....................................................................................................................................1 Merit System, Purpose and Policy
Sec. 103 .....................................................................................................................................1 Miscellaneous Provisions (Employer/Employee Relations)
Sec. 1317 .................................................................................................................................55 Military Leave, Effect of Extended (on vacation accrual) Sec. 611 ...................................................................................................................................25 Non-Applicability (Disciplinary Proceedings)
Sec. 1015 .................................................................................................................................37 Outside Employment
Sec. 1204 .................................................................................................................................40 Overtime Compensation
Sec. 412 ...................................................................................................................................10 Overtime Compensation: Fire Fighters, Fire Engineers, Training Officer, Admin. Battalion Chief Sec. 417 ...................................................................................................................................12 Overtime Compensation: Police Officers and Police Corporals Sec. 416 ...................................................................................................................................12 Overtime Computation: Miscellaneous Employees-Standard Work Week Sec. 413 ...................................................................................................................................10 Overtime Conditions: Local Peril or Disaster
Sec. 418 ...................................................................................................................................13 Overtime Not Applicable
Sec. 411 ...................................................................................................................................11 Pay Periods
Sec. 409 ...................................................................................................................................10 Peace Officers (Employer/Employee Relations)
Sec. 1318 .................................................................................................................................55 Performance Reports, Employee
Sec. 311 .....................................................................................................................................6 Performance Reports, Probationary Employee
Sec. 504 ...................................................................................................................................21 PERS-Survivor Benefit
Sec. 430 ...................................................................................................................................19 Personnel Files
Sec. 1216 .................................................................................................................................45 Personnel Policy
Sec. 104 .....................................................................................................................................1 Petition, Open Period for Filing Challenging (Employer/Employee Relations) Sec. 1305 .................................................................................................................................51 Political Activity
Sec. 1208 .................................................................................................................................42 Position Reclassification
Sec. 1217 .................................................................................................................................46 Private Automobile, Compensation for Use in City Business Sec. 1206 .................................................................................................................................40 Probation, Departmental: Transfer or Promotion
Sec. 502 ...................................................................................................................................21 Probationary Period, Objective of
Sec. 503 ...................................................................................................................................21 Probationary Status
Chapter 5..................................................................................................................................21 Probationer, Rejection of
Sec. 505 ...................................................................................................................................21 Promotion
Sec. 313 .....................................................................................................................................6 Reappointment
Sec. 309 .....................................................................................................................................6 Recognition Petition, City Response to (Employer/Employer Relations) Sec. 1304 .................................................................................................................................50 Recognized Employee Organization, Submission of Current Info (Employer/Employee Relations) Sec. 1311 .................................................................................................................................54 Recruitment
Sec. 304 .....................................................................................................................................4 Reinstatement
Sec. 317 .....................................................................................................................................7 Rejection of Probationer
Sec. 505 ...................................................................................................................................21 Releasing of Information Relative to Disciplinary Action Against Employee Sec. 1013 .................................................................................................................................37 Residence Requirements
Sec. 302 .....................................................................................................................................4 Resignation, Termination:

Sec. 901 ...................................................................................................................................32 Retirement
Sec. 1214 .................................................................................................................................45 Retirement: Applicable Regulations
Sec. 906 ...................................................................................................................................32 Retirement Compensation
Sec. 429 ...................................................................................................................................18 Retirement: Miscellaneous Employees
Sec. 907 ...................................................................................................................................33 Retirement: Public Safety Employees
Sec. 908 ...................................................................................................................................33 Right of Appeal (Disciplinary Proceedings)
Sec. 1011 .................................................................................................................................36 Right of Appeal: Decision (Disciplinary Proceedings)
Sec. 1007 .................................................................................................................................36 Right of Appeal: Failure of Employee to Appear (Disciplinary Proceedings) Sec. 1010 .................................................................................................................................36 Right of Appeal: Hearing (Disciplinary Proceedings)
Sec. 1008 .................................................................................................................................36 Right of Appeal: Representation (Disciplinary Proceedings) Sec. 1009 .................................................................................................................................36 Salary, Computation of
Sec. 410 ...................................................................................................................................10 Salary Change, Special
Sec. 405 .....................................................................................................................................9 Salary Range, Advancement within
Sec. 404 .....................................................................................................................................8 Salary Ranges and Rates, Application of
Sec. 403 .....................................................................................................................................8 Salary Reduction
Sec. 316 .....................................................................................................................................7 Selection Process
Sec. 306 .....................................................................................................................................4 Severability (Employer/Employee Relations)
Sec. 1319 .................................................................................................................................55 Sick Leave
Chapter 7..................................................................................................................................26 Sick Leave, Accrual of
Sec. 703 ...................................................................................................................................26 Sick Leave, Accumulation of
Sec. 704 ...................................................................................................................................26 Sick Leave Compensation
Sec. 425 ...................................................................................................................................16 Sick Leave, Deduction of
Sec. 708 ...................................................................................................................................27 Sick Leave, Depletion of
Sec. 711 ...................................................................................................................................28 Sick Leave, Eligibility for
Sec. 702 ...................................................................................................................................26 Sick Leave, Holidays Within
Sec. 705 ...................................................................................................................................26 Sick Leave, Immediate Family
Sec. 701 ...................................................................................................................................26 Sick Leave, Statement of Policy
Sec. 701 ...................................................................................................................................26 Sick Leave Upon Retirement, Compensation for
Sec. 714 ...................................................................................................................................29 Sick Leave Upon Termination, Compensation for
Sec. 713 ...................................................................................................................................29 Sick Leave Usage
Sec. 707 ...................................................................................................................................27 Sick Leave Usage, Verification of
Sec. 709 ...................................................................................................................................27 Stand-by Compensation
Sec. 414 ...................................................................................................................................11 Subpoenas: Leave of Absence
Sec. 807 ...................................................................................................................................30 Survivor Benefit-PERS
Sec. 430 ...................................................................................................................................19 Suspension
Sec. 315 .....................................................................................................................................7 Termination: Absence Without Leave
Sec. 902 ...................................................................................................................................32 Termination: Disciplinary Action
Sec. 905 ...................................................................................................................................32 Termination: Lack of Work or Funds
Sec. 903 ...................................................................................................................................32 Termination: Non-Disciplinary Action
Sec. 904 ...................................................................................................................................32 Termination: Resignation
Sec. 901 ...................................................................................................................................32 Tool, Allowance – Uniform and
Sec. 1207 .................................................................................................................................41 Transfer
Sec. 312 .....................................................................................................................................6 Tuition Reimbursement
Sec. 1205 .................................................................................................................................40 Uniform & Tool Allowance
Sec. 1207 .................................................................................................................................40 Vacation Leave
Chapter 6..................................................................................................................................22 Vacation Benefits, Depletion of
Sec. 711 ...................................................................................................................................28 Vacation in Lieu of Holidays for Public Safety Employees Sec. 610 ...................................................................................................................................24 Vacation Leave, Accrual of
Sec. 603 ...................................................................................................................................22 Vacation Leave, Accumulation of
Sec. 604 ...................................................................................................................................23 Vacation Leave, Eligibility for
Sec. 602 ...................................................................................................................................22 Vacation Leave, Holidays Within
Sec. 607 ...................................................................................................................................24 Vacation Leave, Illness Within
Sec. 608 ...................................................................................................................................24 Sec. 706 ...................................................................................................................................27 Vacation Leave, Payment Upon Termination
Sec. 609 ...................................................................................................................................24 Vacation Leave, Purpose of
Sec. 601 ...................................................................................................................................22 Vacation Leave, Scheduling of
Sec. 605 ...................................................................................................................................23 Vacation Leave, Working During
Sec. 606 ...................................................................................................................................24 Vehicle Use Policy
Sec. 1221 .................................................................................................................................46 Violation of Rules
Sec. 106 .....................................................................................................................................1 Voting, Employee’s Time Off
Sec. 805 ...................................................................................................................................30 Wellness Program, Fire Department
Sec. 1222 .................................................................................................................................47 Work Periods, Exception to Standard
Sec. 407 .....................................................................................................................................9 Work Periods, Standard
Sec. 406 .....................................................................................................................................9 Workers Compensation
Sec. 710 ...................................................................................................................................27 Working During Annual Vacation Leave
Sec. 606 ...................................................................................................................................24 SEC. 431 DEPARTMENT HEAD PERFORMANCE INCENTIVE BONUS PROGRAM The Performance Incentive Bonus Program is designed to recognize and compensate department heads for special meritorious performance. The gGranting of an incentivebonus will be determined and approved by the City Manager. Funding for the bonus program maywill be established annually by the City Council as adopted in the fiscal year budget.

Participation in the program by recipients is voluntary and dependent upon the completion of an above average score on the annual performance evaluation which shall include the specific reasons why an incentive is being offered.(Amending Resolutions: 3221 and ____) SEC. 432 ACCUMULATION OF PAID IN-LIEU HOLIDAYS
Effective January 1, 1986, employees may accumulate a maximum of twenty (20) in-lieu holidays. In-lieu holidays are defined as Admission Day, Columbus Day and the employee’s date of birth. In-lieu holidays beyond the maximum will not be permitted unless prior written authorization is given by the City Manager. (Amending Resolutions: 3228) SEC. 433 BILINGUAL PAY
Sworn public safety personnel, up through and including the rank of Police Captain in the Police Department and Fire Battalion Chief in the Fire Department, shall receive an incentive bonus of 2 per cent for certification as being bilingual in accordance with standards established by the Human Resources Director ensuring that the said employee is competent and proficient in the language certified. (09/90 & 09/93) A re-certification shall occur every three (3) years. An employee not passing the re-certification shall not continue to receive the incentive bonus. (Amending Resolutions: 01-4783, 06-5308) SEC. 434 COMPENSATIONS FOR CERTIFICATIONS
Compensation for certificates will no longer be provided. The certifications will be included in the job descriptions and considered part of the base pay. (Amending Resolutions: 03- 4969)
SEC. 435 NON-MANAGEMENT EXEMPT EMPLOYEE
Non-management exempt status employees required to regularly attend board and or commission meeting held outside of the normal daily working hours, upon approval of the Department Head and the Human Resources Department shall receive fifty-six 56 hours of exempt status leave per fiscal year. Exempt status leave shall be accrued on a bi-weekly basis and have a maximum accrual cap of fifty six hours.

SEC. 808 LEAVE FOR ATTENDANCE AT INDUSTRIAL ACCIDENT COMMISSION

HEARING OR RELATED PHYSICAL EXAMINATIONS
Employees who have been injured in the course and scope of their employment with the city and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the city’s workers compensation insurer or the Industrial Accident Commission shall be granted leave with pay for such absences only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed in advance with the department head.

An additional twenty-four (24) hours of management leave (33.6 hours for twenty-four hour shift personnel) per year will be given to those sworn middle management employees not eligible for overtime compensation.
b. Non Sworn Middle Management
All non sworn middle management shall receive sixty four (64) hours of management leave per year.
c. City Manager and Department Heads
Classifications designated as City Manager or Department Head shall receive eightyeight (88) hours of management leave per year. d. Management leave can not be accumulated from one fiscal year to the next. Non-Sworn Middle Management are allowed an annual buyback option of up to thirty-two (32) hours of Management Leave per fiscal year and will automatically be processed on the first paycheck in July. Management leave will be credited each July and must be used by the last full pay period the following June. Leave may not be used in July until it is credited to the leave bank and registers on the paycheck. New managers shall receive prorated management leave based upon the number of pay periods remaining in that fiscal year. Managers leaving city service shall only be entitled to partial year pro-ration based upon the number of pay periods worked in the fiscal year. Prorated management leave will then either be cashed out or hours reimbursed to the city out of the final check.

Additional management leave may be administratively granted by the City Manager for extraordinary conditions.

SEC. 810 BEREAVEMENT LEAVE
The city shall allow an employee to be absent from work with pay for a maximum of three (3) days (33.6 hours for twenty-four hour shift personnel) for a death which occurs within the State of California. If the death occurs outside the State of California, a maximum of five (5) days with pay (60 hours for twenty-four hour shift personnel) shall be allowed. Bereavement leave is allowable in the case of death in the employee’s or the employee’s spouse’s immediate family as defined in SEC. 701 of the Personnel Rules and Regulations, including step-child. (Amending Resolutions: 3434)
SEC. 811 EDUCATIONAL LEAVE
Employees may receive paid leave to attend courses, seminars, and workshops for conventions which enhance their knowledge, skills or performance in relation to their job. The determination as to
Staff Report
Meeting: City Council
Date: June 17, 2025
Department: Finance
Submitted by: Mark Roberts, Chief Financial Officer
Agenda Title: Parking and Business Improvement Area Report and Annual Assessments

RECOMMENDED ACTION
Conduct a public hearing and adopt a resolution confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement Area Annual Assessments for Fiscal Year 2026.

SUMMARY
Tulare Municipal Code Section 8.48.080 requires the Advisory Board of the Parking and Business Improvement Area, the Tulare Downtown Association, to prepare a report for each fiscal year for which assessments are to be levied and collected to pay the cost of the improvements and activities described in the report. A report was presented and approved by the City Council on June 3, 2025. A public hearing was set for June 17, 2025 to confirm the report and levy assessments for Fiscal Year 2026.

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

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution

2. Annual Report
Reviewed/Approved:

Item #: 8.1
Public Hearing
RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

CONFIRMING THE REPORT AND RECOMMENDATION OF THE ADVISORY BOARD OF

THE PARKING AND BUSINESS IMPROVEMENT AREA AND ADOPTION OF ASSESSMENTS FOR SAID AREA FOR FISCAL YEAR 2026
WHEREAS, the Council of the City of Tulare previously adopted Resolution 2025-29, setting June 17, 2025, at 7:00 p.m. as the date and hour for a public hearing concerning its intention to levy an assessment for Fiscal Year 2026 in connection with the Parking and Business Improvement Area (“Area”); and
WHEREAS, said public hearing has been conducted, and the City Council has reviewed and considered the report and recommendations of the Advisory Board of the Area with regard to improvements and activities to be provided, estimated cost of providing such improvements and activities, and the method and basis of levying the assessment against businesses within the Area for Fiscal Year 2026; and
WHEREAS, the City Council desires to confirm the report of the Advisory Board and to levy an assessment for Fiscal Year 2026 on all businesses located within the Area.

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

Section 1. The report of the Tulare Downtown Association Board of Directors, acting as the Advisory Board for the Parking and Business Improvement Area, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, is hereby confirmed.

Section 2. Consistent with the report and its recommendations, an assessment for Fiscal Year 2026 is hereby levied on all businesses located within said Area.

Section 3. Said assessments shall be levied in the time and manner consistent with the provisions of Chapter 8.48 of the Tulare Municipal Code.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 17th day of June 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

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

TULARE DOWNTOWN ASSOCIATION
Annual Report
2025-2026
Lino Pimentel, President

TULARE DOWNTOWN ASSOCIATION
Board of Directors
Member-At-Large: Don LeBaron, 830 Sycamore, Tulare, CA 93274, 936-3244 Member-At-Large: Lino Pimentel, Lino Pimentel Real Estate, 260 N “J” St, Tulare, CA 93274 (559) 688-1900
Zone A : Artemisa Valdez, Kings View South Tulare Mobile Services, 201 N K St, Tulare, CA 93274,
Zone A: Jacob Fraga, Tulare Real Estate Team, 241 E Kern Ave, Tulare, CA 93274, (559)334-7990
Zone A: Christian Herrera, 204 South “K” Street, Tulare, CA 93274 (650)468-4028
Zone A: Chris Beck, Motor Cars Inc, 213 E King Ave, Tulare, CA 93274, (559)688-0404
Zone A: Michael Limas, Kern Square, 126 E Kern Ave Tulare, CA 93274, (707)592-7997
Zone B: Monica Leal, Monica Leal Therapy, 440 E. King Ave Therapy, Phone:
(559) 509-9932
Zone B: Karen Bravo , Land O Lakes, 400 S M St, Tulare, CA 93274, (559) 687-8287
Zone B: Rigo Moya, Rigo Signs, 301 E Inyo Ave, Tulare, CA 93274, (559) 687-8750
City Appointments
City Council Steve Harrell, Councilmember
Police Department Corporal Arthur Cabello, Tulare Police Department

LOST REVENUE
Represents
$709.35
The downtown is divided into two
physical zones, “A” and “B”. Additionally, two virtual zones, “C” and “D”, correspond to the A and B zones and
are applied to non-retail businesses. A
majority of the business owners are
committed participants in the downtown and pay their assessment regularly, but better compliance would enable us to do more.

Most of the non-paying “C” Zone
businesses are larger corporations where local managers aren’t responsible for business
license fees or assessments.

When contacted, many corporate managers express surprise in learning about the assessment. Some of those who missed payments will pay when prompted but out-of-town HQ’s often omit the assessment.

Managers frequently change
without the assessment information being shared.
40% of Zone A assessments are typically uncollectable.

Total Zone A Businesses: 263
Zone A Paid Businesses: 159
Unpaid Businesses: 104
Unpaid
34% of Zone B assessments are typically uncollectable.

Total Zone B Businesses: 41
Zone B Paid Businesses: 27
Unpaid Businesses: 14
38% of Zone C assessments are typically uncollectable.

Total Zone C Businesses: 26
Zone C Paid Businesses: 16
Unpaid Businesses: 10
100% collection would result in approximately $6,900.00 in additional revenue for six months or approximately $14,000 per year, giving TDA an annual budget of about $94,000.

Currently, the TDA is sending “statements” to remind non-paying businesses there is still an outstanding balance.

Primary Funding Source With Breakdown
Paid
By the
committed
Paid
By the
committed
Paid
By the
committed
Unpaid
Unpaid

LOST REVENUE

LOST REVENUE
Represents
$1,672.65
For this fiscal year, the Tulare Downtown Association:

Continues implementation of the Clean and
Safe program for Downtown Tulare.

The Clean and Safe program removed 5,235
pounds (2.62 TONS) of trash from the streets of Downtown Tulare Jan—May, ‘25.

Supports and manages the Tulare Tower Square PBID
As managers of the Tower Square PBID, we continue to make recommendations and oversee implementation of board objectives.

Continues real estate vacancy tracking system.

Our website features a page for available real estate for potential occupants and investors.

The site has dropped from an historic high of 21 properties a few years ago to only nine available properties.

Continues “Project Re-Connect”
In cooperation with the Tulare PD, addresses homelessness and under-employment issues through job initiatives and assistance.

Supports activities at Zumwalt Park.
“Best damn park in the county!”
Pounds of Trash Removed per Month; Jan—May, 2025
Our Clean and Safe Team removed nearly 6,000 pounds of
trash July –Dec, 2024
Clean and Safe addressed over 30 incidents of human waste clean up in the downtown district.

In 2024 July—December, Clean and Safe removed 6
pieces of discarded furniture.

MAY
JAN
FEB

MAR APR

REFLECTS A
STEADY INCREASE IN
“STREET REFUSE” BEING

DISCARDED

AS WE MOVE

INTO THE

SPRING AND
SUMMER
MONTHS.

Producing events and other promotional activities for the Downtown, the Association and Foundation work together and with other entities both inside and outside the downtown..

These events include but are not limited to:
• Fiesta de Mayo
• Mad Scientist Night STEAM Educational Event
• Vintage Days
• Jack-O-Lantern Jubilee/Historic Wild West Wagon Ride
• Tulare Christmas Parade
• Annual Banquet
These events benefit the businesses of the downtown, bring visitors to the city’s core and maintain downtown’s visibility through various partnerships.

Recommendations to Tulare City Council for 2025-26
The Tulare Downtown Association Inc. Board of Directors, offers the following recommendations for the management and operation of activities associated with the Tulare Parking and Business Area during the fiscal year (July 1, 2025-June 30, 2026):
 Continue addressing funding issues by pursuing the PBID initiative for the downtown district.  Consider updating BID (current TDA) funding model to more intuitive approach.  Consider PBID and BID (current TDA) run concurrently.  Changes in boundaries or benefit zones as per the PBID if adopted.  Work with the City, Code Enforcement and Police Department to control graffiti, vandalism, and crime in the downtown.  Continue to coordinate with the Tulare Police Department in implementing Project Reconnect to help individuals on the street reconnect with family.  Continue to work with the Tulare Chamber of Commerce as well as other organizations and individuals in their efforts to encourage growth in Downtown Tulare.  Support efforts to market and develop downtown, especially in regard to the newly remodeled and reopened Zumwalt Amphitheater and blossoming businesses in the downtown.  Attached is the approved TDA budget for providing the improvements and the activities for fiscal year 2025-2026.

Lino Pimentel, President
Tulare Downtown Association

Staff Report
Meeting: City Council
Date: June 17, 2025
Department: Finance; City Manager
Submitted by: Mark Roberts, Chief Financial Officer
Marc Mondell, City Manager
Agenda Title: Adoption of City of Tulare Fiscal Year 2026 Budget

RECOMMENDED ACTION

1. Adopt a resolution approving and adopting the City of Tulare Fiscal Year 2026 Budget totaling $177,938,330, including a General Fund operating budget where revenues plus operating transfers in equal expenditures plus operating transfers out; approving several additional capital improvement projects totaling $1,500,000 using available unassigned General Fund fund balance, establishing the appropriations therefor, and authorizing the City Manager to approve the necessary interfund transfers; establishing a Workers’ Compensation reserve/committed fund balance with initial funding of $2,000,000 from available Workers’ Compensation fund balance; and adopting the Fiscal Year 2026-2030 Capital Improvement Program.

2. Adopt a resolution approving and adopting the Fiscal Year 2026 Position Control Budget and fixing the rate of compensation of regular full-time and part-time employees, councilmembers, and seasonal/temporary employees.

3. Adopt a resolution establishing the appropriations limit for fiscal year 2026.

4. Adopt the updated Strategic Plan.

SUMMARY
City staff presented the City of Tulare fiscal year 2026 preliminary budget to City Council at three separate workshops on May 6, May 20, and June 3, 2025. Following direction from Council regarding changes to the preliminary budget, staff presents the City of Tulare Fiscal Year 2026 Proposed Budget (including the Personnel Control Budget) for adoption. The table below is a summary of the General Fund, the City’s primary operating fund.

Total Budget – All Funds
Anticipated Revenues $ 190,650,342
Estimated Expenditures 177,938,330
General Fund
Estimated Revenues $ 73,269,989
Estimated Transfers In 58,370
Proposed Expenditures 69,813,692
Proposed Transfers Out 3,514,667
Projected Surplus / (Use) of Fund Balance $ 0
At a special meeting on May 19, 2025, staff presented the Fiscal Year 2026 Municipal Utilities Preliminary Budget to the City of Tulare Board of Public Utilities Commissioners (BPU). The BPU Fiscal Year 2026 Municipal Utilities Proposed Budget was adopted by the BPU on June 5, 2025.

Capital projects to be funded by the City’s General Fund are also hereby presented for approval, as well as the City’s Fiscal Year 2026-2030 Capital Improvement Program. Costs of projects Pursuant to Article XIIIB of the California Constitution, the Council must approve establishment of the City’s appropriations limit prior to the beginning of each fiscal year. The appropriations limit, which Item #: 8.2
Public Hearing
became effective following passage of Propositions 13 and 4 by California voters in 1978 and 1979, respectively, places a limit on the growth of local government spending by capping revenue that can be appropriated in any given fiscal year. The City’s limit is calculated by adjusting its prior year’s limit on the basis of changes in population and per capita personal income. The City’s proposed fiscal year 2026 appropriations are within its appropriations limit, thereby meeting the Article XIIIB requirement.

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

LEGAL REVIEW
This item does not require legal review.

LEGAL REVIEW

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Budget Resolution

2. Position Control Budget Resolution

3. Appropriations Limit Resolution

4. Fund Summaries

5. Updated Strategic Plan
Reviewed/Approved:

RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
APPROVING AND ADOPTING THE 2026 FISCAL YEAR BUDGET AND ALL SECTIONS

THEREIN
WHEREAS, the City Manager submitted the preliminary budget for the City of Tulare for fiscal year 2026 to City Council at three separate workshops on May 6, May 20, and June 3, 2025, and said budget was discussed and deliberated in public session; and WHEREAS, on June 17, 2025, the City Council received the budget proposed to be adopted for fiscal year 2026, the “City of Tulare Fiscal Year 2026 Proposed Budget,” which incorporated adjustments to said preliminary budget as directed by the City Council or advised by the City Manager; and
WHEREAS, a copy of the City of Tulare Fiscal Year 2026 Proposed Budget is on file in the Office of the City Clerk.

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

Section 1. The City of Tulare budget for the fiscal year beginning July 1, 2025, with City expenditures totaling $177,938,330 is hereby approved, adopted, and appropriated.

Section 2. The City Manager is hereby authorized to implement the Budget as set forth in this resolution. The City Manager may delegate the authority to implement this resolution to the Chief Financial Officer, or other designated City employees.

Section 3. The amounts by fund set forth in the “Expenditure Total” column of Exhibit A attached hereto and incorporated herein by this reference shall be the maximum expenditures authorized for those funds for fiscal year 2026.

Section 4. The City Manager is hereby authorized to make budgetary revisions between budget units within a fund subsequent to the adoption of this budget.

Section 5. The City Manager is hereby authorized to transfer monies between funds up to the maximum set forth in the “Transfers” column in Exhibit B attached hereto and incorporated herein by this reference.

Section 6. The estimated financing sources by fund available to meet the authorized expenditures and transfers are approved and adopted as detailed in the City of Tulare Fiscal Year 2026 Proposed Budget and incorporated herein by this reference.

Section 7. The City Manager is authorized to adjust amounts of said financing sources subsequent to budget adoption in the event that any appropriation balances carried forward from prior fiscal years had an associated revenue source at the time the appropriation was established.

Section 8. The City Manager is authorized to increase appropriations for fiscal year 2026 expenditures in an amount not to exceed the amount of funds encumbered, but not yet expended, as well as unspent capital project appropriations for projects not complete, as of June 30, 2025. The actual amount of the increased appropriations due to encumbrances and unspent Resolution 2025-XX

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Tulare City CouncilJune 17, 2025

Tulare City Council
June 17, 2025