Section 2. If this appropriation is approved, the City of Tulare’s Community Development Department in collaboration with a subrecipient, Self-Help Enterprises, hereby agree to use the HOME and CalHome funds for eligible activities in the manner presented in local and state applications as approved by the Department in accordance with the statutes and regulations cited above. The City, when applicable, will also execute a Standard Agreement with the Department, any amendments thereto, and any and all other documents or instruments necessary or required by the Department and/or HUD for participation in the HOME and CalHome programs.
Section 3. The City Council hereby authorizes and directs the City Manager and/or their designee, to execute, in the name of the City of Tulare, a Standard Agreement with the Department and other HOME- and CalHome-related contracts and conveyances, and any subsequent amendments there.
Section 4. The City Council hereby authorizes the City Manager or their designee, to execute, in the name of the City of Tulare, drawdown requests and any other HOME Program and CalHome Program form requiring a signature, as may be required by the Department and/or HUD from time to time.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on this 21st day of October 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 Wilcox, Chief Deputy City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Tulare City Council.
DRAFT Agreement – Self-Help Enterprises and City of Tulare 1
CITY OF TULARE
SUBRECIPIENT AGREEMENT
THIS AGREEMENT, entered this ____ day of October 2025 by and between the City of Tulare, California, a municipal corporation, (“GRANTEE” or “City”) and Self-Help Enterprises (“SUBRECIPIENT”)
WHEREAS, California Department of Housing and Community Development (“HCD”), is authorized to allocate HOME Investment Partnership Program, hereinafter “HOME” funds made available from U.S. Department of Housing and Urban Development "HUD", as, authorized under Title II of Public Law No. 101-625, 104 Stat. 4079 (Nov. 28, 1990), (42 USC 12701), known as the Cranston-Gonzalez National Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992, Public Law No. 102-550 and any amendments thereto provide for state administration of the HOME Program rules applicable to the state program as set forth in 24 CFR part 92.
WHEREAS, HCD, is authorized to allocate CalHome Program, hereinafter “CalHome” funds made available from “HCD” as authorized under regulations (commencing with Section 50650) of Part 2 of Division 31, Health and Safety Code, which establishes the CalHome Program terms, conditions and procedures for the award and disbursement of funds allocated to the CalHome Program WHEREAS, GRANTEE is a recipient of HOME and CalHome funding for use in funding eligible activities furthering established national objectives to benefit its low income residents as defined in the Act; and
WHEREAS, GRANTEE in accordance with its 2024-2031 Housing Element and 2025-2029 Consolidated Plan, desires to provide HOME and CalHome funds to SUBRECIPIENT, for activities and services, as more fully described in Exhibit A, Scope of Services, upon the terms and conditions in this Agreement; and WHEREAS, pursuant to City Resolutions No. 2025-13 No.2025-50, the City Manager is authorized to execute Grant Agreements, on behalf of GRANTEE, that are within available allocated CalHome and HOME funding and in a standard form approved by the City Attorney.
NOW, THEREFORE, it is agreed between the parties hereto that:
1. TERM
The term of this Agreement shall commence on October 1, 2025, unless terminated earlier pursuant to the terms of this Agreement, shall continue for 36 months. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which SUBRECIPIENT remains in control of HOME and/or CalHome funds or other HOME and/or CalHome assets, including Program Income.
2. SCOPE OF WORK
SUBRECIPIENT will be responsible for administering services in a manner DRAFT Agreement – Self-Help Enterprises and City of Tulare 2 satisfactory to GRANTEE and consistent with any standards required as a condition of providing these funds. GRANTEE will also perform the services set forth in Exhibit "A" entitled "Scope of Work" attached hereto and incorporated by reference herein and made a part hereof.
SUBRECIPIENT shall administer the Program for the whole of the term of the Agreement. SUBRECIPIENT shall administer the Program in compliance with the HOME and CalHome requirements and in a manner that meets the national objective(s) of 24 CFR 570.208, HOME and CalHome statewide goals.
GRANTEE will monitor the performance of SUBRECIPIENT against goals and performance standards as stated above. Substandard performance as determined by GRANTEE will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by SUBRECIPIENT within a reasonable amount of time after being notified by GRANTEE, contract suspension or termination procedures will be initiated.
3. RECORDS ANDREPORTS
On a monthly and/or quarterly basis, SUBRECIPIENT shall submit to GRANTEE, in a form acceptable to GRANTEE, statements that summarize the performance of activities including, but not limited to, information on the number of applications received, projects pending completion, funds obligated, cumulative expenses, and borrower demographic and income characteristics. Monthly and quarterly reporting formats will be established by the GRANTEE and due from the SUBRECIPIENT within twenty (20) days of the close of a reporting period.
SUBRECIPIENT shall ensure the CalHome and HOME grant funds provided by GRANTEE are clearly identified as subawards and include the following information:
• SUBRECIPIENT NAME:
• Subrecipient ID(FEIN):
• State Award Identification Number: (Grant#)
• State Award Date:
• Period of Performance:
• Federal/State Funds Obligated by this Agreement:
• Total Federal/State Funds Obligated to SUBRECIPIENT:
• Total Amount of the Federal/State Award:
• Federal/State Award project description:
• Name of State awarding agency:
• Name of pass-through entity:
• Award Official Contact Information:
• CFDA Number:
• CFDA Name:
• Identification of R&D:
• Indirect cost rate for the Federal award:
SUBRECIPIENT shall maintain all records required by the Federal regulations DRAFT Agreement – Self-Help Enterprises and City of Tulare 3 specified in 24 CFR 570.506 that are pertinent to the activities funded under this Agreement.
Such records shall include but not be limited to:
a) A full description of each activity undertaken;
b) Records demonstrating each activity undertaken meets one of the National Objectives of the HOME program and/or State Objectives of the CalHome program;
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with HOME and/or CalHome assistance;
e) Records documenting compliance with the fair housing and equal opportunity components of the HOME, and CalHome program; f) Financial records as required by 2 CFR Part 200 as amended by 24 CFR 570.502, and
g) Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
SUBRECIPIENT shall retain all project files, financial records, and any other documents related to theProgram for a period of three years from the date of the close out of this Agreement, except in the following cases:
• If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period.
• Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.
GRANTEE shall monitor and evaluate SUBRECIPIENT's performance under this Agreement to determine compliance with this Agreement and HOME and CalHome requirements. SUBRECIPIENT shall cooperate with GRANTEE and any federal or state auditors authorized by GRANTEE and shall make available all information, documents, and records reasonably requested and shall provide GRANTEE the reasonable right of access to both records and personnel during normal business hours for the purpose of assuring compliance with this Agreement and evaluating performance hereunder. The rights of access in this section are not limited to the required retention period but last as long as the records are retained.
4. METHOD OF PAYMENT
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with the Proposed Budget(s) attached hereto as Exhibit "B'' and incorporated herein.
SUBRECIPIENT's sole source of compensation hereunder will be in the form of a grant of HOME and/or CalHome funds as described herein. It is expressly agreed and understood that the total amount to be paid by GRANTEE under this Agreement shall DRAFT Agreement – Self-Help Enterprises and City of Tulare 4 not exceed two hundred four thousand, four hundred dollars and 00/100 ($204,400) of HOME Program Income, four hundred fifty-one thousand, four hundred ninety-three dollars and 00/100 ($451,493) of 19-HOME funds, three hundred thousand dollars and 00/100 ($300,000) of 22-HOME funds, and forty-nine thousand, one hundred ninety-four dollars and 00/100 ($49,194) of CalHome Program in the first twelve months of this Agreement. GRANTEE and SUBRECIPIENT may amend these budgets at least annually per the terms of this Agreement (See Section 19).
SUBRECIPIENT shall submit to GRANTEE a request for payment, in a form acceptable to GRANTEE, on a monthly basis for the term of the Agreement. Said request shall be accompanied with supporting documentation, including but not limited to paid receipts, invoices and timesheets, to allow GRANTEE to determine compliance with applicable federal regulations, including cost allowability.
GRANTEE shall pay all approved requests for payment pursuant to this Agreement within the normal course of business, typically within forty-five days of receipt. If GRANTEE disallows any cost submitted by SUBRECIPIENT, within fourteen business days GRANTEE will provide written notification to SUBRECIPIENT of the disallowance, including any corrective action necessary to process payment.
All funds are paid contingent upon SUBRECIPIENT's continuous compliance with all applicable, uniform administrative requirements, program regulations, and recapture and reversion requirements set out in the Act. Any unearned or recaptured HOME, and CalHome funding shall be returned to GRANTEE within thirty days of the earlier of termination of this Agreement or notice by GRANTEE. Any interest earned or received by SUBRECIPIENT thereon shall be remitted to the GRANTEE.
An authorized official for SUBRECIPIENT must provide a signed certification with each request that states the following: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
SUBRECIPIENT understands and agrees the availability of HOME and CalHome funds are subject to the control of HUD, other federal agencies, and/or HCD, or other state agencies and should the HOME and/or Cal Home funds be encumbered, withdrawn or otherwise made unavailable to GRANTEE, whether earned by or promised to SUBRECIPIENT, and/or should GRANTEE in any fiscal year hereunder fail to allocate HOME and/or CalHome funds, GRANTEE shall not provide said funds unless and until they are made available for payment to GRANTEE by HUD, HCD and GRANTEE receives and allocates said funds. No other funds owned or controlled by GRANTEE shall be obligated under this Agreement to the Project(s).
5. PROGRAM INCOME
Any income generated by SUBRECIPIENT from the use of HOME and/or CalHome funds governed by this Agreement shall be considered HOME, and/or CalHome DRAFT Agreement – Self-Help Enterprises and City of Tulare 5 program income. All HOME and/or CalHOME program income (as defined at 24 CFR 570.500(a)) shall be allocated to the SUBRECIPIENT for the term of this Agreement.
The use of all HOME and/or CalHome program income is reserved specifically for services outlined in the Scope of Work and is subject to the terms of this Agreement.
6. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative Requirements found in the U.S. federal regulations at 2 CFR Part 200.
SUBRECIPIENT shall establish and maintain effective internal control over funds made available through this Agreement to provide reasonable assurance that the Program is administered in compliance with applicable federal statutes, regulations, state guidelines and the terms and conditions of this Agreement. This includes evaluation and internal monitoring of the Program and prompt, appropriate action when instances of noncompliance are identified.
SUBRECIPIENT shall follow a written procurement policy that allows for full and open competition that meets the minimum standards of the U.S. federal regulations at 2 CFR 200.317 through 200.326.
SUBRECIPIENT shall take reasonable measures to safeguard protected personally identifiable information and other information GRANTEE designates as sensitive consistent with applicable Federal, state and local laws regarding privacy and obligations of confidentiality.
SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women 's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15
U.S.C. 632), and "minority and women's business enterprise" means a business at least 51% owned and controlled by minority group members or women.
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
SUBRECIPIENT is prohibited from using HOME and/or CalHome funds or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.
SUBRECIPIENT shall comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.
SUBRECIPIENT shall comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part
5. SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part.
DRAFT Agreement – Self-Help Enterprises and City of Tulare 6 SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities.
SUBRECIPIENT shall maintain a financial management system that identifies all federal awards received and expended and the federal programs under which they were received, including:
• The CFDA title and number,
• Federal award identification number and year,
• Name of the Federal/State agency, and
• Name of the pass-through entity, if any.
SUBRECIPIENT shall follow written financial management policies and procedures that, at a minimum, provide for:
• Determination of allowable costs in accordance with the terms and conditions of this Agreement and the federal cost principles published in the U.S. federal regulations at 2 CFR 200 Subpart E; • Effective control over, and accountability for, all funds, property, and other assets to ensure all assets are safeguarded and they are used solely for authorized purposes; and
• Accurate financial reporting on federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation.
7. AUDIT REQUIREMENTS
Within thirty days of the close of SUBRECIPIENT's fiscal year, SUBRECIPIENT shall provide to GRANTEE a certification stating the total amount of federal awards expended in the fiscal year. The certification shall be signed by an authorized official.
SUBRECIPIENT agrees to have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F if SUBRECIPIENT expends $750,000 or more in federal awards during any fiscal year that overlaps with the term of this Agreement. SUBRECIPIENT shall submit a copy of the audit to GRANTEE and the Federal Audit Clearinghouse (FAC) within thirty calendar days after receipt of the auditor's report(s). SUBRECIPIENT shall make copies of the audit available for public inspection for three years from the date of submission to the FAC.
GRANTEE shall issue a management decision for audit findings that relate to this Agreement within six months of acceptance of the audit report by the FAC.
8. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any HOME and/or CalHome funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR 570.502-504, as applicable.
DRAFT Agreement – Self-Help Enterprises and City of Tulare 7
9. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a parent, affiliate, or subsidiary organization, the standards of conduct must cover organizational conflicts of interest to ensure SUBRECIPIENT is able to be impartial in conducting a procurement action involving a related organization.
At a minimum, the standards of conduct shall include any person who is an employee, agent, consultant, officer, or elected official or appointed official of SUBRECIPIENT.
No covered persons who exercise or have exercised any functions or responsibilities with respect to HOME and CalHome activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a HOME and CalHome-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a HOME and CalHome-assisted activity, or with respect to the proceeds of the HOME and CalHome-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.
Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of Conflict of Interest From included as Exhibit "D ". Upon written request, GRANTEE may grant an exception to the conflict of interest provisions on a case-by-case basis.
10. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all applicable City/County, State, and Federal guidelines including, but not limited to the following federal program requirements as now in effect and as may be amended from time to time:
Section 109 of the Housing and Community Development Act of 1974 requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs.
Equal Opportunity requirements as described in Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107.
Equal Protection of the Laws for Faith-Based and Community Organizations as described in Executive Order 13279 and the implementing regulations at 41 CFR chapter 60.
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and DRAFT Agreement – Self-Help Enterprises and City of Tulare 8 implementing regulations at 24 CFR part 135.
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part apply.
Exclusion of Debarred and Suspended Contractor requirements as described in 2 CFR Part 180.
Certain newly legalized aliens, as described in 24 CFR part 49, are not eligible to apply for benefits, including financial assistance, public services, jobs and access to new or rehabilitated housing and other facilities made available with. Benefits do not include relocation services and payments to which persons displaced are entitled by law (24 CFR §570.613).
A building or facility designed, constructed, or altered with funds governed by this Agreement that meets the definition of "residential structure" as defined in 24 CFR
40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings).
The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.
The contract provisions for non-federal entity contract under federal awards as set forth in Exhibit "E".
11. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable administrative actions and all required work of the Agreement have been completed by SUBRECIPIENT .
Unless provided an extension through written notification by GRANTEE, SUBRECIPIENT shall complete the following actions no later than thirty calendar days after the end date of the term of this Agreement:
• Submit, all financial, performance, and other reports as required by the terms of this Agreement;
• Liquidate all obligations incurred under the Agreement; and • Transfer to GRANTEE any accounts receivable attributable to the use of funds, including program income.
Notwithstanding the expiration or earlier termination of this Agreement, SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout requirements are completed. The following obligations of SUBRECIPIENT shall survive the termination of this Agreement:
• SUBRECIPIENT'S indemnity obligations;
• the obligation to cause audits to be performed relating to DRAFT Agreement – Self-Help Enterprises and City of Tulare 9 SUBRECIPIENT'S activities and costs under this Agreement; • the obligation to repay to GRANTEE any HOME and/or CalHome proceeds improperly disbursed to SUBRECIPIENT or disbursed for ineligible expenditures;
• any other obligations which cannot by their nature be performed until after the expiration of the Agreement such as the submittal of final payment request and performance reports.
Any real or personal property purchased in whole or in part with HOME and/or CalHome funds provided under this Agreement are subject to the following requirements that shall survive the termination of this Agreement:
• Insurance and reporting requirements regarding real and personal property acquired with federal funds in accordance with the uniform administrative requirements contained in the U.S. federal regulations published at 2 CFR Part 200; and
• For real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with HOME and/or CalHome funds in excess of $25,000, said property shall be used to meet one of the national objectives in 24 CFR 570.208 for five years after close out of this Agreement. If the property is disposed of within five years of the close out of this Agreement, SUBRECIPIENT shall reimburse GRANTEE the percentage of the current fair market value of the property equal to the percentage of HOME and/or CalHome funds expended to the overall acquisition and improvement cost of the property.
12. SUSPENSION ANDTERMINATION
Termination for Convenience. This Agreement may be terminated by either party if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated.
Furthermore, GRANTEE may suspend or terminate this Agreement if SUBRECIPIENT materially fails to comply with any terms of this Agreement.
If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper manner its obligations under this Agreement, ineffectively or improperly use funds provided under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations of this Agreement, GRANTEE shall thereupon have the right to terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by SUBRECIPIENT under this Agreement shall, at the option of GRANTEE, become its property and SUBRECIPIENT shall be entitled to receive just and equitable payment for any satisfactory work completed subject to the limitations of this Agreement.
DRAFT Agreement – Self-Help Enterprises and City of Tulare 10
13. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of all potential conflicts of interest and violations of criminal law involving fraud, bribery, or gratuity violations potentially affecting this Agreement. Failure to make required disclosures can result in termination of the Agreement and suspension or debarment from future federal awards.
14. FINDINGS CONFIDENTIAL
Any reports, information or data given to or prepared by SUBRECIPIENT concerning GRANTEE under this Agreement shall not be made available to any individual or organization by SUBRECIPIENT without first submitting them to GRANTEE.
15. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, County, and City laws, ordinances and codes. Should a Project receive additional funding after the commencement of this Agreement, SUBRECIPIENT shall notify GRANTEE in writing within thirty days of receiving notification from the funding source and submit a cost allocation plan for approval by GRANTEE within forty-five days of said official notification.
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 92 (the U.S. Housing and Urban Development regulations concerning HOME Investment Partnerships Program) including subpart H of these regulations, except that (1) SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 92.352 and (2) SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Parts 58 and/or 50. SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.
SUBRECIPIENT shall comply with the bonding and insurance requirements set forth in 2 CFR Part 200. The SUBRECIPIENT shall additionally carry sufficient insurance and bond coverage as set forth in Exhibit "C".
SUBRECIPIENT shall subcontract all work or services through written contract or agreement subject to each provision of this Agreement and applicable City, County, State and Federal guidelines and regulations. Prior to execution of any subcontract hereunder, such subcontracts must be submitted by SUBRECIPIENT to GRANTEE for its review and approval, which will specifically include a determination of compliance. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior written approval.
16. INDEPENDENT CONTRACTOR
In furnishing the services provided for herein, SUBRECIPIENT is acting solelyas an independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents or DRAFT Agreement – Self-Help Enterprises and City of Tulare 11 employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of GRANTEE for any purpose. GRANTEE shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and functions. However, GRANTEE shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
This Agreement does not evidence a partnership or joint venture between SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to bind GRANTEE absent GRANTEE's express written consent. Except to the extent otherwise provided in this Agreement, SUBRECIPIENT shall bear its own costs and expenses in pursuit thereof.
Because of its status as an independent contractor, SUBRECIPIENT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to GRANTEE's employees. SUBRECIPIENT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, SUBRECIPIENT shall be solely responsible, indemnify, defend and save GRANTEE harmless from all matters relating to employment and tax withholding for and payment of SUBRECIPIENT's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in GRANTEE employment benefits, entitlements, programs and/or funds offered employees of GRANTEE whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to GRANTEE or to this Agreement.
17. INDEMNIFICATION
To the furthest extent allowed by law including California Civil Code section 2782, SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by GRANTEE, SUBRECIPIENT or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. SUBRECIPIENT's obligations under the preceding sentence shall apply regardless of whether GRANTEE or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of GRANTEE or any of its officers, officials, employees, agents or volunteers.
If SUBRECIPIENT should contract or subcontract all or any portion of the work to be performed under this Agreement, SUBRECIPIENT shall require each DRAFT Agreement – Self-Help Enterprises and City of Tulare 12 SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
18. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this Agreement shall be directed to the following contract representatives:
GRANTEE
City of Tulare
C/O Marc Mondell - City Manager; Mario Anaya – Community Development Director 411 E. Kern Avenue
Tulare, CA 93274
SUBRECIPIENT
Self-Help Enterprises
C/O Melissa Valdez
Assistant Program Director – Strategic Partnerships
8445 W. Elowin Court
P.O. Box 6520
Visalia, CA 93290
DRAFT Agreement – Self-Help Enterprises and City of Tulare 13
19. AMENDMENTS
GRANTEE or SUBRECIPIENT may propose an amendment to the Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the GRANTEE's governing body when necessary.
Such amendments shall not invalidate this Agreement, nor relieve or release the GRANTEE or SUBRECIPIENT from its obligations under this Agreement.
Amendments will be classified as substantial if such changes involve a new scope of work and/or budget change in excess of 25 percent and require approval of the GRANTEE’s governing body. A budget change of less than 25 percent will not require approval of the GRANTEE’s governing body if the GRANTEE’s authorized representative, such as the City Manager or their designee, establishes a reasonable budget change with input and approval of the SUBRECIPIENT. Amendments to budgets may occur at least annually to incorporate new state and/or federal HOME and/or CalHome grants, allocate program income revenue, and/or address factors that impact the performance of activities.
GRANTEE may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both GRANTEE and SUBRECIPIENT.
20. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the GRANTEE.
21. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
22. ATTORNEY FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party will be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
23. BINDING ON ALL SUCCESSORS ANDASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.
24. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one DRAFT Agreement – Self-Help Enterprises and City of Tulare 14 instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto.
25. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. All powers and remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.
26. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following City Council approval.
27. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written instrument duly authorized and executed by both GRANTEE and SUBRECIPIENT.
28. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
29. EXPENSES INCURRED UPON EVENT OF DEFAULT
SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and costs of collection and enforcement, including reasonable attorney's fees, incurred by GRANTEE as a result of one or more Events of Default by SUBRECIPIENT under this Agreement.
30. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of California shall govern all aspects of this Agreement, including execution, interpretation, performance, and enforcement. Venue for filing any action to enforce or interpret this Agreement will be Tulare County, California.
31. HEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
32. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties. Any ambiguity will not be construed in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.
33. NO THIRD PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement.
Notwithstanding anything stated to the contrary in this Agreement, it is not intended DRAFT Agreement – Self-Help Enterprises and City of Tulare 15 that any rights or interests in this Agreement benefit or flow to the interest of any third parties other than expressly identified herein. No subcontractor, mechanic, materialman, laborer, vendor, or other person hired or retained by SUBRECIPIENT shall have any rights hereunder and shall look to SUBRECIPIENT as their sole source of recovery if not paid. No third party may enter any claim or bring any such action against GRANTEE under any circumstances. Except as provided by law, or as otherwise agreed to in writing between GRANTEE and such person, each such person shall be deemed to have waived in writing all right to seek redress from GRANTEE under any circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all contracts/subcontracts.
34. NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof or the exercise of any other right. No waiver of any provision of this Agreement or consent to any departure by the SUBRECIPIENT therefrom shall be effective unless the same shall be in writing, signed on behalf of the GRANTEE by a duly authorized officer thereof, and the same shall be effective only in the specific instance for which it is given. No notice to or demand on the SUBRECIPIENT in any case shall entitle the SUBRECIPIENT to any other or further notices or demands in similar or other circumstances, or constitute a waiver of any of the GRANTEE's right to take other or further action in any circumstances without notice or demand.
35. NON-RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal or other advice as it has deemed necessary and declares that in no manner has it relied on GRANTEE, it agents, employees or attorneys in entering into this Agreement.
36. PRECEDENCE OFDOCUMENTS
In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement will control.
37. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
16 IN WITNESS WHEREOF, the parties have executed this Agreement at City of Tulare, California, the day and year first above written.
GRANTEE
CITY OF TULARE
Marc Mondell, City Manager | Date
SUBRECIPIENT
SELF-HELP ENTERPRISES
Thomas J. Collishaw, President/CEO | Date
APPROVED AS TO FORM:
__________________________________________________________________ Mario Zamora, City Attorney | Date
Addresses:
GRANTEE: SUBRECIPIENT:
City of Tulare Self-Help Enterprises
C/O Marc Mondell C/O Melissa Valdez
City Manager Assistant Program Director
411 E. Kern Avenue 8445 W Elowin Court
Tulare, CA. 93274 P.O. Box 6520
Phone: (559) 684-4200 Visalia, CA 93290
Phone: (559) 802-1621
17 Attachments:
EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
18 EXHIBIT A-1
SCOPE OF WORK
Matrix Code: Mortgage Assistance
Owner-Occupied Housing Rehabilitation
National Objective: LMH
CalHome Eligibility: Section 7718 of State Regulations
Award: CalHome Reuse
Project Description:
Self-Help Enterprises will offer a Mortgage Assistance program and an Owner-Occupied Rehabilitation Program to qualifying income eligible households located within the City of Tulare:
1) Mortgage Assistance will be provided to income eligible households citywide to provide down payment, closing cost and gap financing that will ensure a first-time homebuyer’s mortgage payments are affordable. 2) Owner Occupied Rehabilitation will be provided to income eligible owner-occupied households in need of repairs to correct conditions that threaten a household’s health, general well-being, or safety and/or subjects the household to live without basic plumbing, electrical, heating, air conditioning, or security.
CITY RESPONSIBILITY – ADMINISTRATION: City shall be responsible to:
a. Prepare and submit the general grant set-up package to the appropriate agency (guideline preparation and submittal of other required documents as required by the funding source); b. Provide regular updates to SHE on progress and performance of grant and program income budgets included in State Grant Agreements and/or HCD approved amendments, upon request; c. Prepare and submit to HCD all required quarterly and annual reports, for contracts and program income, as outlined in State Grant Agreements;
d. Prepare and submit amendments to the Grant Agreements as needed; e. Prepare and retain all pertinent records and documents sufficient to reflect all charges submitted by SHE under the terms of this Agreement. Retain such records and documents for a period of five (5) years from the date of final payment;
f. Service loans upon completion of Project; and,
g. Reimburse SHE with available grant and/or unobligated reuse funds for all eligible Activity Delivery costs incurred as a result of grant implementation, including activity delivery costs incurred for participant files that are not able to proceed in the program.
SELF-HELP ENTERPRISES RESPONSIBILITY - Administration: SHE shall be responsible to:
a. Provide project/participant information to the City as needed for the completion of reports to HCD; b. Provide regular updates to the City on progress and performance of grant and program income budgets included in State Grant Agreements and/or HCD approved amendments, upon request; c. Prepare and submit to HCD project set-up/completion reports and grant/program income admin drawdowns as required; and,
d. Prepare and maintain public information binders, as required. 19 SELF-HELP ENTERPRISES – GRANT IMPLEMENTATION
e. SHE shall continue to provide all grant and activity implementation for the City’s CalHome program income funds through the end of grant terms or mutually agreed termination of services.
Records to Be Maintained
SUBRECIPIENT shall retain all project files, financial records, and any other documents related to the Program for a period of five years from the date of the close out of this Agreement, except in the following cases:
• If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period. • Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.
Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description of each activity assisted with CalHome Program Income funds, including its location, the amount of CalHome Program Income funds budgeted, obligated and expended for the activity, and the eligibility and national objective under which it is eligible.
Data on the extent to which each racial and ethnic group and have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CalHome Program Income funds.
Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements. No recipient is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs.
Data will be collected to document duplication of benefits at application and will be collected throughout the expenditure period and provided to the City.
Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with the applicable requirements listed in Sec. 570.502, including source documentation.
The project file must document how the CalHome Program Income funds are expended. Such documentation must include, to the extent applicable:
• Invoices with supporting documentation
• Evidence that adequate procurement practices were in place and followed • Schedules containing comparisons of budgeted amounts and actual expenditures, • Construction progress schedules signed by appropriate parties (e.g., general contractor and/or a project architect), if applicable
• Other documentation appropriate to the nature of theactivity 20 National Objective Compliance - Low Mod Housing Activities (LMH) -Owner The SUBRECIPIENT shall maintain records for each household, including:
• The total cost of the activity, including both CalHome Program Income and non-CalHome Program Income funds.
• a determination of beneficiary's household size and estimated annual income (as defined under the 24 CFR 5.609) completed and signed by the SUBRECIPIENT supported by documentation such as pay stubs and other accepted forms of income verification.
SUBRECIPIENT shall ensure the CalHome program income funds provided by GRANTEE are clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Self-Help Enterprises
• Subrecipient ID (DUNS): 056179906
• State Award Identification Number:
• State Award Date:
• Period of Performance:
• Funds Obligated by this Agreement: CalHome Program Income • Total Funds Obligated to SUBRECIPIENT: current and future receipts • Total Amount of the Award: current and future receipts • Award project description: See Exhibit A - Scope of Work • Name of awarding agency: CA Dept. of Housing and Community Development • Name of pass-through entity: City of Tulare, California • Award Official Contact Information: See Section 18 - Notices • CFDA Number:
• CFDA Name: CalHome Program
• Identification of R&D: No
• Indirect cost rate for the Federal award: 20.25% or current approved indirect cost rate (subject to change per US Department of the Interior)
21 EXHIBIT B-1
PROPOSED BUDGET
Matrix Code: Mortgage Assistance
Owner-Occupied Housing Rehabilitation
National Objective: LMH
CalHOME Eligibility: Section 7718 of State Regulations
Award: CalHome Reuse
# Line Item *Anticipated
FY25-26
Budget
1 Activity Delivery (not to exceed allowable percentage by activity)
available balance
2 Loans/Grant available balance
TOTAL $49,194.00
Notes –
• Five-year median of the CalHome Program Income balance available at the end of a fiscal year (July 1st) was about $13,134.
• *Anticipated Budget based on CalHome Program Income balance as of July 1, 2025. 22 EXHIBIT A-2
SCOPE OF WORK
Matrix Code: First-Time Homebuyer Assistance
Rehab: Single-Unit Residential
National Objective: LMH
HOME Eligibility: 24 CFR Part 92
Awards: 19-HOME-14975 and 22-HOME-XXXXX
Project Description: Self-Help Enterprises will offer First-Time Homebuyer Assistance and OwnerOccupied Housing Assistance programs to qualifying income eligible households located within the City of Tulare:
1) First-Time Homebuyer Assistance will be provided to income eligible households citywide to provide down payment, closing cost and gap financing that will ensure a first-time homebuyer’s mortgage payments are affordable.
2) Owner Occupied Rehabilitation will be provided to income eligible owner-occupied households in need of repairs to correct conditions that threaten a household’s health, general well-being, or safety and/or subjects the household to live without basic plumbing, electrical, heating, air conditioning, or security.
CITY RESPONSIBILITY – ADMINISTRATION: City shall be responsible to:
a. Prepare and submit the general grant set-up package to the appropriate agency (guideline preparation and submittal of other required documents as required by the funding source); b. Provide regular updates to SHE on progress and performance of grant and program income budgets included in State Grant Agreements and/or HCD approved amendments, upon request; c. Prepare and submit to HCD all required quarterly and annual reports, for contracts and program income, as outlined in State Grant Agreements;
d. Prepare and submit to HCD project set-up/completion reports and grant/program income admin drawdowns as required;
e. Initiate environmental review process for all projects upon receipt of requested application and proposed project specifications;
f. Prepare and submit amendments to the Grant Agreements as needed; g. Prepare and retain all pertinent records and documents sufficient to reflect all charges submitted by SHE under the terms of this Agreement. Retain such records and documents for a period of five (5) years from the date of final payment;
h. Service loans upon completion of Project; and,
i. Reimburse SHE with available grant and/or unobligated program income funds for all eligible Activity Delivery costs incurred as a result of grant implementation, including activity delivery costs incurred for participant files that are not able to proceed in the program.
SELF-HELP ENTERPRISES RESPONSIBILITY - ADMINISTRATION: SHE shall be responsible to:
j. Provide project/participant information to the City as needed for the completion of reports to HCD, 23 including the initiation of environmental review process and records; k. Provide regular updates to the City on progress and performance of grant and program income budgets included in State Grant Agreements and/or HCD approved amendments, upon request; l. Prepare and submit copies of approved applications for OOR and FTHB as well as related prequalification loan documents when first available; and,
m. Prepare and maintain public information binders, as required.
SELF-HELP ENTERPRISES – GRANT IMPLEMENTATION
n. SHE shall continue to provide all grant and activity implementation for the City’s 2019 HOME Grant (19-HOME-14975) funds through the end of grant terms or mutually agreed termination of services. o. SHE shall, if the City is awarded by HCD, provide all grant and activity implementation for the City’s 2022-2023 HOME Grant (22-HOME-XXXXX) funds through the end of grant terms or mutually agreed upon termination of services.
Records to Be Maintained
SUBRECIPIENT shall retain all project files, financial records, and any other documents related to the Program for a period of five years from the date of the close out of this Agreement, except in the following cases:
• If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period.
• Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.
Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description of each activity assisted with HOME funds, including its location, the amount of HOME funds budgeted, obligated and expended for the activity, and the eligibility and national objective under which it is eligible.
Data on the extent to which each racial and ethnic group and have applied for, participated in, or benefited from, any program or activity funded in whole or in part with HOME funds. Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements. No recipient is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs.
Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with the applicable requirements listed in Sec. 570.502, including source documentation.
The project file must document how the HOME funds are expended. Such documentation must include, to the extent applicable:
a. Invoices with supporting documentation
b. Evidence of need and no duplication of services
c. Other documentation appropriate to the nature of the activity 24 National Objective Compliance - Low Mod Housing Activities (LMH) - Owner The SUBRECIPIENT shall maintain records for each owner-occupied unit, including, d. The total cost of the activity, including both HOME and non-HOME funds. e. a determination of beneficiary's household size and estimated annual income (as defined under the 24 CFR Part 92) completed and signed by the SUBRECIPIENT supported by documentation such as pay stubs and other accepted forms of income verification.
SUBRECIPIENT shall ensure the HOME grant funds provided by GRANTEE are clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Self-Help Enterprises
• Subrecipient ID (DUNS): 056179906
• State Award Identification Number: 19-HOME-14975
• State Award Date: 08/06/2020
• Period of Performance: 12/31/2025
• Funds Obligated by this Agreement: 19-HOME-14975
• Total Funds Obligated to SUBRECIPIENT: $474,107
• Total Amount of the Award: $500,000
• Award project description: See Exhibit A - Scope of Work • Name of awarding agency: CA Dept. of Housing and Community Development • Name of pass-through entity: City of Tulare, California • Award Official Contact Information: See Section 18 - Notices • CFDA Number: 14.239
• CFDA Name: HOME Investment Partnership Program
• Identification of R&D: No
• Indirect cost rate for the Federal award: 20.25% or current approved indirect cost rate (subject to change per US Department of the Interior)
25 EXHIBIT B-2
PROPOSED BUDGET
Matrix Code: First-Time Homebuyer Assistance
Rehab: Single-Unit Residential
National Objective: LMH
HOME Eligibility: 24 CFR Part 92
19-HOME-14975 Budget
# Line Item Remaining
Budget
FY 25-26
1 Administration (City)
Administration (SHE)
$0.00
$24.00
2 Loans/Grants & Activity Delivery: Housing Rehabilitation $227,546 3 Loans/Grants & Activity Delivery: First-Time Homebuyer $223,923 TOTAL $451,493
22-HOME-XXXXX Budget
# Line Item Anticipated
Total
Budget
1 Administration (SHE) $7,500
2 Loans/Grants & Activity Delivery: Housing Rehabilitation $146,250 3 Loans/Grants & Activity Delivery: First-Time Homebuyer $146,250 TOTAL $300,000
26 EXHIBIT A-3
SCOPE OF WORK
Matrix Code: First-Time Homebuyer Assistance
Rehab: Single-Unit Residential
National Objective: LMH
HOME Eligibility: 24 CFR Part 92
Award: HOME Program Income
Project Description:
Self-Help Enterprises will offer First-Time Homebuyer Assistance and Owner-Occupied Housing Assistance programs to qualifying income eligible households located within the City of Tulare:
1) First-Time Homebuyer Assistance will be provided to income eligible households citywide to provide down payment, closing cost and gap financing that will ensure a first-time homebuyer’s mortgage payments are affordable.
2) Owner Occupied Rehabilitation will be provided to income eligible owner-occupied households in need of repairs to correct conditions that threaten a household’s health, general well-being, or safety and/or subjects the household to live without basic plumbing, electrical, heating, air conditioning, or security.
Records to Be Maintained
SUBRECIPIENT shall retain all project files, financial records, and any other documents related to the Program for a period of five years from the date of the close out of this Agreement, except in the following cases:
• If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period.
• Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.
CITY RESPONSIBILITY – ADMINISTRATION: City shall be responsible to:
a. Prepare and submit the general grant set-up package to the appropriate agency (guideline preparation and submittal of other required documents as required by the funding source); b. Provide regular updates to SHE on progress and performance of grant and program income budgets included in State Grant Agreements and/or HCD approved amendments, upon request; c. Prepare and submit to HCD project set-up/completion reports and grant/program income admin drawdowns as required;
d. Initiate environmental review process for all projects upon receipt of requested application 27 and proposed project specifications;
e. Prepare and submit to HCD all required quarterly and annual reports, for contracts and program income, as outlined in State Grant Agreements;
f. Prepare and submit amendments to the Grant Agreements as needed; g. Prepare and retain all pertinent records and documents sufficient to reflect all charges submitted by SHE under the terms of this Agreement. Retain such records and documents for a period of five (5) years from the date of final payment;
h. Service loans upon completion of Project; and,
i. Reimburse SHE with available grant and/or unobligated program income funds for all eligible Activity Delivery costs incurred as a result of grant implementation, including activity delivery costs incurred for participant files that are not able to proceed in the program.
SELF-HELP ENTERPRISES RESPONSIBILITY - ADMINISTRATION: SHE shall be responsible to:
j. Provide project/participant information to the City as needed for the completion of reports to HCD, including copies of approved applications and loan prequalification documents when first available; k. Provide regular updates to the City on progress and performance of grant and program income budgets included in State Grant Agreements and/or HCD approved amendments, upon request; and,
l. Prepare and maintain public information binders, as required.
SELF-HELP ENTERPRISES – GRANT IMPLEMENTATION
m. SHE shall continue to provide all grant and activity implementation for the City’s 2019 HOME Grant (19-HOME-14975) and 2022-23 HOME Grant (22-HOME-XXXXX), HOME Program Income and CalHome grant/program income funds through the end of grant terms or mutually agreed termination of services.
Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description of each activity assisted with HOME funds, including its location, the amount of HOME funds budgeted, obligated and expended for the activity, and the eligibility and national objective under which it is eligible.
Data on the extent to which each racial and ethnic group and have applied for, participated in, or benefited from, any program or activity funded in whole or in part with HOME funds. Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements. No recipient is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs.
Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with the applicable requirements listed in Sec. 570.502, including source documentation.
The project file must document how the HOME funds are expended. Such documentation must include, to the extent applicable:
a. Invoices with supporting documentation
b. Evidence of need and no duplication of services
c. Other documentation appropriate to the nature of the activity 28 National Objective Compliance - Low Mod Housing Activities (LMH) - Owner The SUBRECIPIENT shall maintain records for each owner-occupied unit, including:
d. The total cost of the activity, including both HOME and non-HOME funds. e. a determination of beneficiary's household size and estimated annual income (as defined under the 24 CFR 5.609 24.CFR Part 92) completed and signed by the SUBRECIPIENT supported by documentation such as pay stubs and other accepted forms of income verification.
SUBRECIPIENT shall ensure the HOME grant funds provided by GRANTEE are clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Self-Help Enterprises
• Subrecipient ID (DUNS): 056179906
• State Award Identification Number:
• State Award Date:
• Period of Performance:
• Funds Obligated by this Agreement: HOME Program Income • Total Funds Obligated to SUBRECIPIENT: current and future receipts • Total Amount of the Award:
• Award project description: See Exhibit A-3 Scope of Work • Name of awarding agency: CA Dept. of Housing and Community Development • Name of pass-through entity: City of Tulare, California • Award Official Contact Information: See Section 18 - Notices • CFDA Number: 14.239
• CFDA Name: HOME Investment Partnership Program
• Identification of R&D: No
• Indirect cost rate for the Federal award: 20.25% or current approved indirect cost rate (subject to change per US Department of the Interior)
29 EXHIBIT B-3
PROPOSED BUDGET
Matrix Code: First-Time Homebuyer Assistance
Rehab: Single-Unit Residential
National Objective: LMH
HOME Eligibility: 24 CFR Part 92
HOME Program Income Budget
# Line Item *Anticipated
Annual
Budget
1 Administration for FTHB and OOR Activities (not to exceed 60 percent of the total PI Admin retained in a given year) $4,400
2 Loans/Grants & Activity Delivery: Housing Rehabilitation $100,000 3 Loans/Grants & Activity Delivery: First-Time Homebuyer $100,000 4 Grants & Activity Delivery: Tenant Based Rental Assistance (Administered by the City and Housing Authority of Tulare County)
$100,000
TOTAL
$304,400
Notes –
• Five-year median (FY20-21 through FY24-25) of the HOME Program Income and Recaptured Funds balance available at the end of the fiscal year was about $334,103. • Five-year median (FY20-21 through FY24-25) of the HOME Program Income Administration Funds balance available at the end of a fiscal year was about $7,414. • *Anticipated Budget based on HOME PI and RF balance as of July 1, 2025, and an approximation of PI and/or RF revenue in FY 25-26.
30 EXHIBIT C
INSURANCE REQUIREMENTS
Agreement between City of Tulare "CITY”)
and Self-Help Enterprises
("SUBRECIPIENT")
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury, " "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Professional Liability (Errors andOmissions) that includes Cyber Liability (Privacy and Data breach) insurance appropriate to SUBRECIPIENT profession.
MINIMUM LIMITS OF INSURANCE
SUBRECIPIENT, or any party the SUBRECIPIENT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
31 (ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed
operations; and,
(iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions) & (Privacy & Data breach coverage):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event SUBRECIPIENT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and noncontributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
SUBRECIPIENT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SUBRECIPIENT shall also be responsible for payment of any self-insured retentions. Any deductibles or self insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY's Risk Manager or designee. At the option of the CITY's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or
(ii) SUBRECIPIENT shall provide a financial guarantee, satisfactory to CITY's Risk Manager or designee, guaranteeing payment of losses and related investigations,
claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or selfinsured retentions. 32 OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. SUBRECIPIENT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, SUBRECIPIENT's insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of SUBRECIPIENT's insurance and shall not contribute with it. SUBRECIPIENT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 010413.
The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: SUBRECIPIENT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) with Cyber Liability insurance policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by SUBRECIPIENT.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work
by SUBRECIPIENT, SUBRECIPIENT must purchase
"extended reporting" coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.
33 4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. SUBRECIPIENT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non renewal, or reduction in coverage or in limits, SUBRECIPIENT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, SUBRECIPIENT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by SUBRECIPIENT shall not be deemed to release or diminish the liability of SUBRECIPIENT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBRECIPIENT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SUBRECIPIENT, its principals, officers , agents, employees, persons under the supervision of SUBRECIPIENT, vendors, suppliers, invitees, consultant, sub-consultant, subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If SUBRECIPIENT subcontracts any or all of the services to be performed under this Agreement , SUBRECIPIENT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter intoa separate Side Agreement with the City to provide required indemnification and insurance protection.
Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, SUBRECIPIENT will be solely responsible for ensuring that it's subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
SUBRECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and 34 authorized agent or broker. Upon request of CITY, SUBRECIPIENT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
35 EXHIBIT D
CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Tulare or any of its agents? □ X
2 Do you represent any firm, organization or person who is in litigation with the City of Tulare □ X
3 Do you currently represent or perform work for any clients who do business with the City of Tulare? □ X
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Tulare or in a business which is in litigation with the City of Tulare?
□
X
5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Tulare employee who has any significant role in the subject matter of this service? □
X
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with this Project?
□ X
* If the answer to any question is yes, please explain in full below.
Explanation:
Thomas J. Collishaw, President/CEO
Self-Help Enterprises
8445 W Elowin Ct
Visalia, CA 93290
Additional page(s) attached.
36 EXHIBIT E
CONTRACT PROVISIONS FOR NON-FEDERALENTITY CONTRACTS
UNDER FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from
37 inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, " and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended- Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
(I) Debarment and Suspension (Executive Orders 12549 and 12689)- A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 CFR 180 that
38 implement Executive Orders 12549 (3 CFR Part 1986 Comp., p.189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (K) See §200.322 Procurement of recovered materials.
Staff Report
Meeting: City Council
Date: October 21, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Caltrans Property Acquisition for SR99 and Paige Avenue Interchange Project
RECOMMENDED ACTION
To facilitate construction of the State Route 99 6-lane Widening and Paige Avenue Interchange Reconstruction Project, authorize the city manager to sign all documents required for:
1) the sale of 4.7 acres of city-owned APN 191-070-025 to Caltrans, 2) a property exchange of city-owned APN 182-230-047 with a portion of Caltrans owned APN’s 182-230-053 and 182-230-053, and
3) a grant of a temporary construction easement on city-owned APN 171-090-034.
SUMMARY
As part of the Caltrans State Route 99 6-lane widening and Paige Avenue interchange improvement project, Caltrans is seeking to acquire the following city properties:
1) APN 191-070-025 (Parcel 89505) is situated at the southeast corner of State Route 99 and Paige Avenue. The city currently owns this parcel, which is approximately 6.7 acres in size. A city-owned stormwater basin is located at the southern edge of the parcel, serving the mobile home park and adjacent commercial properties.
Caltrans has requested to acquire approximately 4.7 acres of the city-owned parcel, which excludes the portion of the parcel associated with the existing city-owned stormwater basin. The property acquired by Caltrans is needed for the northbound off-ramp and a new storm drain basin for state highway runoff related to the Paige Avenue interchange. Caltrans is offering the city $962,500.
2) APN 182-230-047 (Parcel 89512) is situated near the northeast corner of State Route 99 and Paige Avenue. The city currently owns this parcel, which is approximately 0.7 acres in size. A city-owned stormwater basin serving the Southwood Estates subdivision is located on this property.
Caltrans is requesting to acquire the entire parcel. The land acquired by Caltrans is needed for the northbound on-ramp for the Paige Avenue interchange. Since the current basin is required for storm runoff for the Southwood Estates subdivision, Caltrans has acquired two adjacent parcels to the south (APN’s 182-230-053 and 182-230-053) for the purpose of relocating the city basin.
Caltrans is proposing an exchange of the subject city-owned parcel for a portion of these two parcels. All improvements related to the relocation of the Southwood Estates basin will be completed as part of the Caltrans project at no cost to the city. 3) APN 171-090-034 (Parcel 89537 and Parcel 89541) is located on both sides of the Santa Fe Trail / Highway 99 pedestrian overpass. Caltrans is requesting a temporary construction easement to facilitate the replacement of the existing fence that separates city property from State Route 99.
In exchange for temporary construction easement, Caltrans is offering the city $7,000.
To expedite the requested acquisitions and prevent delay to the project schedule, Caltrans purchase offer for APN 191-070-025 includes a 10% incentive if the City executes the right-of-way documents by Item #: 10.8
Consent
November 2025. If the City is unable to meet this timeline, the purchase offer would be reduced accordingly.
FISCAL IMPACT & FUNDING SOURCES
Should the City consent to Caltrans acquisition offers, a total of $969,500 of general fund revenue would result.
ENVIRONMENTAL REVIEW
Environmental review is not applicable to this Council action. Caltrans has completed an environmental review for the State Route 99 and Paige Avenue Interchange Improvement Project. More information about the environmental review can be found at https://dot.ca.gov/caltrans-near-me/district-6/district-6- projects/06-48950.
POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
City attorney has reviewed the documents and provided comments.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as part of the agenda.
ALTERNATIVE ACTION
1) Approve with changes – Could delay Caltrans from meeting its project right-of-way certification deadlines, which may jeopardize funding and delay construction. 2) Deny – Would prevent Caltrans from acquiring the property required to widen State Route 99 and reconstruct the Paige Avenue interchange.
3) Table - Would delay Caltrans from meeting its project right-of-way certification deadlines, which may jeopardize funding and delay construction. Additionally, the city could be forfeiting a 10% incentive bonus on APN 191-070-025 if documents are not signed before November.
ATTACHMENTS
1) APN 191-070-025 (Parcel 89505) Property Sale
a) Appraisal Map
b) Grant Deed
c) Right-of-way Contract
d) Occupancy Certification
e) Certificate of Conveyance
2) APN 182-230-047 (Parcel 89512) Property Swap
a) Appraisal Map
b) Grant Deed
c) Right-of-way Contract
d) Occupancy Certification
e) Certificate of Conveyance
3) APN 171-090-034 (Parcel 89537 and 89541) Temporary Construction Easement a) Appraisal Map
b) Right-of-way Contract
c) Occupancy Certification
d) Certificate of Conveyance
Reviewed/Approved:
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
California Department of Transportation
2015 East Shields Avenue, Suite 100
Fresno, CA 93726-5428
State Business – No Recording Fee
(Gov. Code 27383)
DEPT. OF TRANSPORTATION
BY: ________________________
Right of Way Agent
Space above this line for Recorder’s Use
89505-1_COVER (2).docx 01/2023
GRANT DEED District County Route Postmile Number
06 TUL 99 27.43 89505-1
City of Tulare, a public body, corporate and politic,
a corporation organized and existing under and by virtue of the laws of the State of California,
hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE, all that real property in the City of Tulare, County of Tulare, State of California, described as follows:
See Exhibit “A”, attached.
Exhibit “A”
PARCEL 89505-1
That portion of Parcel 3 of Parcel Map No. 4117, in the City of Tulare, County of Tulare, State of California, as per map recorded February 23, 1994 in Book 42, Page 21 of Parcel Maps, Tulare County Records, included within the following described land:
COMMENCING at the Northwest Corner of Section 24, Township 20 South, Range 24 East, Mount Diablo Meridian;
THENCE (1) along the north line of the Northwest Quarter of said Section 24, North 89°57'49" East, 1,086.18 feet;
THENCE (2) South 0°02'11" East, 179.99 feet to a point on the south line of the north 180 feet of said Northwest Quarter of Section 24, said point being the POINT OF BEGINNING;
THENCE (3) along said south line, North 89°57'49" East, 148.35 feet; THENCE (4) South 47°52'33" West, 223.78 feet to the point of intersection of the easterly line of said Parcel 3 with the southerly line of Parcel 1 of said Parcel Map; THENCE along the easterly line of said Parcel 3, the following Courses (5) through (8):
(5) South 8°08'34" West, 225.25 feet;
(6) South 62°45'18" East, 169.04 feet;
(7) South 3°57'03" West, 258.75 feet;
(8) South 34°52'44" West, 199.34 feet;
THENCE (9) North 51°27'49" West, 240.94 feet;
THENCE (10) South 17°51'14" West, 84.44 feet;
THENCE (11) South 13°27'00" West, 364.51 feet to the existing easterly right of way line of State Route 99 as described in that Grant Deed to State of California recorded February 2, 2023 as document number 2023-0004960, Tulare County Official Records; THENCE along said easterly right of way line the following Courses (12) through (16):
(12) North 6°24'09" East, 473.11 feet;
(13) North 5°17'58" East, 250.73 feet;
(14) North 1°05'30" East, 129.02 feet;
(15) North 8°02'25" East, 102.59 feet to the beginning of a tangent curve concave southeasterly, said curve has a radius of 239.99 feet;
(16) northeasterly along said curve through a central angle of 81°55'24" an arc distance of 343.15 feet to the POINT OF BEGINNING.
Containing 4.72 acres, more or less.
Exhibit “A”
This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutter’s rights including access rights, appurtenant to GRANTOR’s remaining property, in and to the freeway.
The bearings and distances used in this description are on the California Coordinate System of 1983, Zone 4. Divide distances by 0.99996425 to convert to ground distances.
This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.
Signature
Professional Land Surveyor
Date September 3, 2024
Number
89505-1
89505-1_COVER (2).docx 01/2023
The GRANTOR further understands that the present intention of the STATE is to construct and maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waive any and all claims for damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the highway.
Dated: City of Tulare, a public body,
corporate and politic
Marc Mondell
City Manager
This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation.
Dated By Dina A. El-Tawansy
Director of Transportation
By
Attorney in Fact
Angela Chapa
Right of Way Senior
Acquisitions, District 6
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION CONFIDENTIAL This document contains personal information, and
pursuant to Civil Code 1798.21, it shall be kept
confidential in order to protect against
unauthorized disclosure.
RIGHT OF WAY CONTRACT
STATE HIGHWAY
RW 8-3 (Rev. 6/95)
APN 191-070-025
District County Route P.M. E.A. / Project ID. Program Fed. Ref. Name Parcel 06 Tulare 099 48950 / 0614000040 CITY OF TULARE, A
PUBLIC BODY,
CORPORATE AND
POLITIC
06-89505
TULARE
,California
, 2025
CITY OF TULARE, A PUBLIC BODY, CORPORATE AND POLITIC
Grantor
RIGHT OF WAY CONTRACT - STATE HIGHWAY
Document No. 89505-1 in the form of a GRANT DEED to the State of California, covering the property particularly described in the above instrument, has been executed and delivered to Quintin Bowen, Right of Way Agent for the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) Grantee requires said property described as Document No. 89505-1 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the property.
(C) Both Grantor and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation.
(D) The parties to this agreement shall, pursuant Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT- Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 2 of 7
RW 8-3 (Rev. 6/95) Parcel No. 06-89505 - 89505
(E) No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this agreement.
2. The State shall:
(A) Pay the undersigned Grantor the sum of $962,500 for the property or interest conveyed by above documents when title to said property vests in the State free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes, except:
a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at close of escrow.
b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document.
c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
(B) Pay all escrow and recording fees incurred in this transaction, and if title insurance is desired by the State, the premium charged, therefore. Said escrow and recording charges shall not, however, include documentary transfer tax.
(C) Have the authority to deduct and pay from the amount shown on Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien at the close of escrow.
3. In addition to the Fair Market Value, it is agreed by and between the parties hereto that the amount in clause 2 (A) above includes the sum of $87,500 as an incentive to the grantor for the timely signing of this Right of Way Contract. This incentive payment offer expires sixty (60) days from the Initiation of Negotiations 09/03/2025.
4. In consideration of the State’s waiving the defects and imperfections in all matters of record title, the undersigned Grantor covenants and agrees to indemnify and hold the State of California harmless from any and all claims that other parties may make or assert on the title to the premises. The Grantor’s obligation herein to indemnify the State shall not exceed the amount paid to the Grantor under this contract.
5. State agrees to indemnify and hold harmless CITY OF TULARE, A PUBLIC BODY, CORPORATE AND POLITIC from any liability arising out of State’s operations under this agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State’s operations under this agreement and State will, at its option, either repair or pay for such damage.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 3 of 7
RW 8-3 (Rev. 6/95) Parcel No. 06-89505 - 89505
6. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2(A) herein are deposited into the escrow controlling this transaction. The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
7. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the State, shall be left in as good condition as found.
8. It is understood and agreed by and between the parties hereto that payment in Clause 2(A) above includes, but is not limited to, payment for 4” asphalt concrete paving and 6” concrete curb which are considered to be part of the realty and are being acquired by the State in this transaction.
9. This transaction will be handled through external escrow with Fidelity National Title Company, 7475 North Palm Avenue, #107 Escrow No. FFOM-2012300677.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 4 of 7
RW 8-3 (Rev. 6/95) Parcel No. 06-89505 - 89505
In Witness Whereof, the Parties have executed this agreement the day and year first above written
CITY OF TULARE, A PUBLIC BODY, CORPORATE AND POLITIC
BY
MARC MONDELL
CITY MANAGER
DATE
RECOMMENDED FOR APPROVAL: ACCEPTED:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
BY
ANGELA CHAPA
Branch Chief DATE
BY
NICHOLAS DUMAS
Office Chief DATE
BY
QUINTIN BOWEN
RW AGENT DATE
BY
Maria Toles
Deputy District Director DATE
No Obligation Other Than Those Set Forth Herein Will Be Recognized
ORIGINAL
OCCUPANCY CERTIFICATION
Parcel No.: 89505 Grantor: City of Tulare
Co-Rte-PM: TUL-99-25.2/30.6 Property: South of 1297 E. Paige Ave. Tulare, CA 93274 E.A.: 48950 A.R. No.: 19
R/W Contract:
Date of First Written Offer: Date of Recording FOC:
Service of O.P.
Names of
Occupants Address Rent
Rate
Date First
Occup’d
Persons in Family # of Rooms Init. Of
Agent
Delivering
RAP Info.
# of Ages of
Children Furnished by:
Adults Boys Girls Grantor Tenant
I hereby certify the occupancy information is correct as of this date.
I understand that tenants in occupancy, if any, will now be contacted in Accordance with Federal and State Government Rules and Regulations.
Owner’s Signature Date
RELOCATION PAYMENT CERTIFICATION
I have personally verified the tenancies above and certify that they are eligible for Relocation Assistance Payments as defined by, and in accordance with Title 21, Chapter 2, Sub-Chapter 2 of the California Administrative Code.
Date Right of Way Agent (Acquisition)
Date Right of Way Agent (RAP)
9/3/2025
Office of the City Clerk
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant Deed dated _______________________, from the City of Tulare, a Municipal Corporation of the State of California to State of California Department of Transportation was duly conveyed by the City Council of the City of Tulare on October 21, 2025, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Conveyance to be recorded with the Grant Deed.
CITY OF TULARE
By:
Marc Mondell, City Manager/City Clerk
ATTEST:
Melissa Wilcox, Chief Deputy City Clerk
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
APPRAISAL MAP
tul099pm_027_62_am
Exhibit "A"
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
California Department of Transportation
2015 East Shields Avenue, Suite 100
Fresno, CA 93726-5428
State Business – No Recording Fee
(Gov. Code 27383)
DEPT. OF TRANSPORTATION
BY: ____Quintin Bowen______
Right of Way Agent
Space above this line for Recorder’s Use
89512-1_COVER.docx 01/2023
GRANT DEED District County Route Postmile Number
06 TUL 99 27.62 89512-1
City of Tulare, A Municipal Corporation
a corporation organized and existing under and by virtue of the laws of the State of California,
hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE, all that real property in the City of Tulare, County of Tulare, State of California, described as follows:
See Exhibit “A”, attached.
Exhibit “A”
PARCEL 89512-1
Lot 40 of Southwood Estates No. 3, per map thereof recorded in Volume 32 of Maps, at
Township 20 South, Range 24 East, Mount Diablo Base and Meridian, in the City of Tulare, County of Tulare, State of California.
Containing 30,439 square feet, more or less.
The bearings and distances used in this description are on the California Coordinate System of 1983, Zone 4. Divide distances by 0.99996425 to convert to ground distances.
This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.
Signature
Professional Land Surveyor
Date September 3, 2024
Number
89512-1
89512-1_COVER.docx 01/2023
The GRANTOR further understands that the present intention of the STATE is to construct and maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waive any and all claims for damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the highway.
Dated: City of Tulare, A Municipal
Corporation
Marc Mondell, City Manager
This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation.
Dated By Dina A. El-Tawansy
Director of Transportation
By
Attorney in Fact
Angela Chapa
Senior Right of Way Agent
Acquistition, D6
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION CONFIDENTIAL This document contains personal information, and
pursuant to Civil Code 1798.21, it shall be kept
confidential in order to protect against
unauthorized disclosure.
RIGHT OF WAY CONTRACT
STATE HIGHWAY
RW 8-3 (Rev. 6/95)
APN
District County Route P.M. E.A. / Project ID. Program Fed. Ref. Name Parcel 06 Tulare 099 48950 / 0614000040 CITY OF TULARE, A
MUNICIPAL
CORPORATION
89512
TULARE ,California
2025
CITY OF TULARE, A MUNICIPAL CORPORATION
Grantor
RIGHT OF WAY CONTRACT - STATE HIGHWAY
Document No. 89512-1 in the form of a GRANT DEED to the State of California, covering the property particularly described in the above instrument, has been executed and delivered to Quintin Bowen, Right of Way Agent for the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) Grantee requires said property described as Parcel No. 89512 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the property.
(C) Both Grantor and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation.
(D) The parties to this agreement shall, pursuant Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT- Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3. (E) No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this agreement.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 2 of 3
RW 8-3 (Rev. 6/95) Parcel No. 06-89512 - 89512
2. The State shall:
(A) Pay the undersigned Grantor the sum of $1,500.00 for the property as conveyed by Grant Deed when title to said property vests in the State free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes except:
(B) The State shall pay all escrow and recording fees, interest, notary fees, and related miscellaneous expenses incurred in this transaction, and if title insurance is desired by the state, the premium charged therefore. Said escrow and recording charges shall not, however, include documentary transfer taxes (as State is exempt from such taxes). This transaction shall be handled through an internal escrow by the State of California, Department of Transportation, (2015 E. Shields Ave, Ste 100, Fresno, 93726)
3. In addition to the Fair Market Value, it is agreed by and between the parties hereto that the amount in clause 2 (A) above includes the sum of $1000.00 as an incentive to the grantor for the timely signing of this Right of Way Contract. This incentive payment offer expires sixty (60) days from the Initiation of Negotiations 4/23/2025.
4. In consideration of the State’s waiving the defects and imperfections in all matters of record title, the undersigned Grantor covenants and agrees to indemnify and hold the State of California harmless from any and all claims that other parties may make or assert on the title to the premises. The Grantor’s obligation herein to indemnify the State shall not exceed the amount paid to the Grantor under this contract.
5. State agrees to indemnify and hold harmless (name of other party to agreement) from any liability arising out of State’s operations under this agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State’s operations under this agreement and State will, at its option, either repair or pay for such damage.
6. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause *2(A) herein are paid to the grantor(s). The amount shown in Clause *2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
7. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the State, shall be left in as good condition as found.
8. The utility of the basin is proposed for replacement on an adjacent property or properties (Caltrans parcels 89510 & 89511).
9. This transaction will be handled through an internal escrow by the State of California, Department of Transportation, District Office, (2015 E Shields Ave, Ste.100 Fresno, CA 93726.) STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 3 of 3
RW 8-3 (Rev. 6/95) Parcel No. 06-89512 - 89512
In Witness Whereof, the Parties have executed this agreement the day and year first above written BY
CITY OF TULARE, A MUNICIPAL CORPORATION DATE
MARC MONDELL, CITY MANAGER
RECOMMENDED FOR APPROVAL: ACCEPTED:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
BY
Quintin Bowen DATE
Right of Way Agent
BY
Angela Chapa DATE
Acquisition Branch Chief
Right of Way
No Obligation Other Than Those Set Forth Herein Will Be Recognized
ORIGINAL
OCCUPANCY CERTIFICATION
Parcel No.: 89512 Grantor: City of Tulare
Co-Rte-PM: TUL-99-25.2/30.6 Property: W of 1319 Manzanita Ave and S of 2291 S Tamarack St in Tulare, CA 93274
E.A.: 48950 A.R. No.: 7
R/W Contract:
Date of First Written Offer: Date of Recording FOC:
Service of O.P.
Names of
Occupants Address Rent
Rate
Date First
Occup’d
Persons in Family # of Rooms Init. Of
Agent
Delivering
RAP Info.
# of Ages of
Children Furnished by:
Adults Boys Girls Grantor Tenant
I hereby certify the occupancy information is correct as of this date.
I understand that tenants in occupancy, if any, will now be contacted in Accordance with Federal and State Government Rules and Regulations.
Owner’s Signature Date
RELOCATION PAYMENT CERTIFICATION
I have personally verified the tenancies above and certify that they are eligible for Relocation Assistance Payments as defined by, and in accordance with Title 21, Chapter 2, Sub-Chapter 2 of the California Administrative Code.
Date Right of Way Agent (Acquisition)
Date Right of Way Agent (RAP)
4/23/2025
Office of the City Clerk
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant Deed dated _____________________________, from the City of Tulare, a Municipal Corporation of the State of California to State of California Department of Transportation was duly conveyed by the City Council of the City of Tulare on October 21, 2025, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Conveyance to be recorded with the Grant Deed.
CITY OF TULARE
By:
Marc Mondell, City Manager/City Clerk
ATTEST:
Melissa Wilcox, Chief Deputy City Clerk
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
APPRAISAL MAP
tul099pm029_81_am
Exhibit "A"
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STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3
DIST COUNTY RTE PM R/W EA
06 TUL 99 25.2/30.6 0614000040
(48950)
TULARE___________________,
California
__________________________,2025
City of Tulare, a municipal corporation
Grantor (s)
No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject to of this contract.
Document No.(s) 89537-1 and 89541-1 in the form of Temporary Construction Easements covering the property particularly described in Clause 5 below, has been executed and delivered to Quintin Bowen, Right of Way Agent for the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. The State shall pay the undersigned grantor the sum of $8000.00 for these Temporary Easements.
2. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement.
3. In addition to the Fair Market Value, it is agreed by and between the parties hereto that the amount in Clause 1 includes the sum of $1,000.00, as an incentive to Grantor for the timely signing of this Right of Way Contract. This incentive payment offer expires sixty (60) days from the Initiation of Negotiations on May 7, 2025 expiring on July 6, 2025.
4. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2(A) herein are paid to the grantor(s). The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
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5. Permission is hereby granted the State or its authorized agent to enter upon grantor's land where necessary within the certain area outlined in red on the map marked Exhibit "A" attached hereto and made a part hereof, for the construction of an 8-foot wrought iron fence that will close the caps of where a current chain link fence is being used to secure parts of the Santa Fe Trail over-crossing.
6. This Temporary Easement begins on June 15, 2026 and shall terminate upon completion of the project known as: Tulare Six-lane and Paige Avenue Interchange Improvement Project or October 19, 2029, whichever comes first.
7. The undersigned grantor(s) warrant(s) that they are owner(s) in fee simple of the property affected by this Temporary Easement as described in Clause 5 above and that they have the exclusive right to grant this Temporary Easement.
8. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements, or other facilities, when removed, and relocated, or reconstructed by the State, shall be left in as good condition as found.
9. Grantor warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the grantor agrees to hold State harmless and reimburse State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantor for a period exceeding one month.
10. The Parties to this Lease (or contract) shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, requires the Parties to this lease (contract) to comply with all elements of Title VI of the Civil Rights Act of 1964.
This requirement under Title VI and the Code of Federal Regulations requires as Exhibit to this Lease (contract), identified as Exhibit “B” to complete the USDOT- Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 an 28 C.F.R. Section 50.3. 3 | P a g e
~~~~
This transaction will be handled through an escrow with the Department of Transportation, 2015 E. Shields Ave., Suite 100, Fresno, CA 93726, Parcels 89537 and 89541
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
GRANTOR (S)
City of Tulare, a municipal corporation
Marc Mondell, City Manager
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
By: ______________________________
Quintin Bowen
Right of Way Agent
APPROVED BY:
By:
Angela Chapa
Acquisition Branch Chief
Right of Way
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
ORIGINAL
OCCUPANCY CERTIFICATION
Parcel No.: 89537, 89541 Grantor: City of Tulare
Co-Rte-PM: TUL-99-25.2/30.6 Property: On SR 99 between 0.2 miles S of Ave 200 Overcrossing and
0.1 miles N of Prosperity Ave. Overcrossing
E.A.: 48950 A.R. No.: 12
R/W Contract:
Date of First Written Offer: Date of Recording FOC:
Service of O.P.
Names of
Occupants Address Rent
Rate
Date First
Occup’d
Persons in Family # of Rooms Init. Of
Agent
Delivering
RAP Info.
# of Ages of
Children Furnished by:
Adults Boys Girls Grantor Tenant
I hereby certify the occupancy information is correct as of this date.
I understand that tenants in occupancy, if any, will now be contacted in Accordance with Federal and State Government Rules and Regulations.
Owner’s Signature Date
RELOCATION PAYMENT CERTIFICATION
I have personally verified the tenancies above and certify that they are eligible for Relocation Assistance Payments as defined by, and in accordance with Title 21, Chapter 2, Sub-Chapter 2 of the California Administrative Code.
Date Right of Way Agent (Acquisition)
Date Right of Way Agent (RAP)
5/7/2025
Office of the City Clerk
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant of Temporary Easement dated ________________________________, from the City of Tulare, a Municipal Corporation of the State of California to State of California Department of Transportation was duly conveyed by the City Council of the City of Tulare on October 21, 2025, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Conveyance to be recorded with the Grant of Temporary Easement.
CITY OF TULARE
By:
Marc Mondell, City Manager/City Clerk
ATTEST:
Melissa Wilcox, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: October 21, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Willow Glen Phase 2 and 3 final Oversize Agreement
RECOMMENDED ACTION
Authorize the city manager to execute an oversize construction reimbursement agreement with Presidio JJR Brighton 115, LLC, a Delaware Limited Liability Company for construction costs associated with Phase 2 and 3 of the Williow Glen (aka Brighton) subdivision that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the city attorney and city manager.
SUMMARY
As part of development of Phases 2 and 3 of the Willow Glen subdivision located west of Mooney Boulevard on the north side of Cartmill Avenue, Presido JJR Brighton 115, LLC was required to install offsite oversized improvements. These included, but were not limited to, the following:
• Installation of storm drain master plan improvements for Willow Glen Phase 2. • Installation of water main master plan improvement for Willow Glen Phase 3.
Costs associated with supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code. The attached oversized construction reimbursement agreement identifies the work completed by the Developer that is reimbursable under the City’s oversize reimbursement procedures and specifies that the City will reimburse the developer for their expenditures plus accrued interest as funding becomes available through the city’s development impact fee program.
The proposed oversized construction reimbursement agreement is included with this submittal as Attachment 1. Should Council provide its authorization to do so, the final agreement will be executed by both parties.
FISCAL IMPACT & FUNDING SOURCES
Fund 225 (DIF – Water Supply Facilities)
Fund 227 (DIF – Storm Drain Facilities)
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).
POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
The standard format used in preparing the oversized construction reimbursement agreement has been reviewed and approved as to form by the City Attorney.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as part of the agenda.
Item #: 10.9
Consent
ALTERNATIVE ACTION
1. Approve with changes
2. Deny – The City entered into a preliminary oversize agreement with the developer prior to start of construction for the work described. Per the provisions of the fee mitigation act, failing to reimburse the Developer for improvements required by the City to address impacts above and beyond those directly attributable to the development could result in litigation. Additionally, the developer may avoid undertaking future projects within the city limits.
3. Table – A delay in the City’s approval of the oversize agreement could delay oversize reimbursement payments to the Developer and incur additional interest charges to the City.
ATTACHMENTS
1. Oversize Construction Reimbursement Agreement
Reviewed/Approved:
1 OVERSIZED CONSTRUCTION REIMBURSEMENT AGREEMENT
This Agreement is entered into this ____ day of _ ______, 2025, by and between the CITY OF TULARE, hereinafter referred to as the "CITY", and Presidio JJR Brighton 115, LLC a Delaware Limited Liability Company, hereinafter referred to as "DEVELOPER".
W I T N E S S E T H
WHEREAS, said DEVELOPER has installed improvements of a supplemental size, capacity, number, or length and/or excessive right of way as required by the CITY as a condition of a development or extension of city facilities for Willow Glen No. 2 and Willow Glen No. 3 (a.k.a Brighton Unit 2 and Brighton Unit 3 respectively); and
WHEREAS, the provisions of Chapter 8.64 of Title 8 of the City Code of Tulare requires in the event that sewer, water, storm drain or street improvements are installed by a developer or an applicant or right of way is dedicated which contain oversize, the CITY shall enter into a reimbursement agreement for oversize construction; and
WHEREAS, the DEVELOPER has submitted all anticipated oversized costs to the CITY for review, approval and inclusion into the reimbursement agreement prior to the start of construction; and
WHEREAS, oversize shall be based on the actual cost of installation or the appraised value of right of way. In addition, reimbursement shall be limited to the additional material and equipment costs where a difference of pipe size is involved or for excessive right of way dedications shall be limited to the fair market value based on the zoning at the time the right of way is acquired or first specified as a condition of development approval if applicable, whichever comes first, and land values at the time of acceptance. Further, the costs of engineering, staking, compaction tests, and all fees paid to the city, county or state shall be excluded, except for that portion of the inspection fees attributable to the oversized portion; and WHEREAS, The CITY shall pay pursuant to Section 66486 of the Government Code an amount attributable to interest on the oversize.
NOW, THEREFORE, be it agreed, by and between the CITY and DEVELOPER as follows:
I. Oversize improvements installed and\or excessive right of way dedicated by the DEVELOPER and their principal costs less any credits given the DEVELOPER against fees due the CITY for installation of these improvements and/or excessive right of way dedicated are as follows:
2 WATER FACILITIES
Description Quantity
Unit
Measure
Unit
Price
Oversize
Cost
Willow Glen No. 3 – Master Plan 12” water
main – cost difference from an 8” to 12” 661 LF $19.00 $12,559.00 Willow Glen No. 3 – Master Plan Gate Valve –
cost difference from an 8” to 12” 5 EA $1,341.50 $6,707.50 Total Water Facilities Oversize = $19,266.50
Less Development Impact Fee Credits Issued to Date = -$19,266.50 Principal Due To Developer = $0.00
STORM DRAIN FACILITIES
Description Quantity
Unit
Measure Unit Price Oversize Cost
Willow Glen No. 2 – Master Plan
36” Storm Drain line 1151 LF $163.50 $188,188.50
Willow Glen No. 2 – Master Plan
42” Storm Drain line 601 LF $198.00 $118,998.00
Willow Glen No. 2 – Master Plan
72” Manhole (20 feet deep) 1 EA $15,606.50 $15,606.50
Willow Glen No. 2 – Master Plan
72” Manhole (13 feet deep) 3 EA $8,575.00 $25,725.00
Willow Glen No. 2 – Master Plan
60” Manhole 2 EA $5775.00 $11,550.00
Total Storm Drain Facilities Oversize = $360,068.00
Less Development Impact Fee Credits Issued to Date = -$13,834.97 Principal Due To Developer = $346,233.03
II. The CITY shall pay interest on the remaining principal at a variable rate compounded annually. The interest rate for each calendar year shall be equal to the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month and shall commence from the acceptance date on the notice of completion.
III. Reimbursements are to be made by mail to the DEVELOPER at the following address:
Presidio JJR Brighton 115, LLC
5067 Avenida de Los Robles
Visalia, CA 93291
Attention: Joseph A Leal
3 IV. The DEVELOPER shall not transfer the rights to reimbursements without the express written consent of the CITY after having submitted a signed and notarized written request for said transfer to the City Engineer.
V. This Agreement represents the entire understanding of the CITY and the DEVELOPER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the DEVELOPER.
VI. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is held to be unconstitutional or invalid or ineffective by any Court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Agreement, or any part thereof.
IN WITNESS WHEREOF, this Agreement is executed on the date and year first above written.
CITY OF TULARE Presidio JJR Brighton 115, LLC
A Municipal Corporation
“CITY” “DEVELOPER”
By: By:
Marc Mondell, City Manager Name: Joseph A Leal
Title: President
ATTEST:
Chief Deputy City Clerk and Clerk of
the Council of the City of Tulare
APPROVED AS TO FORM:
City Attorney
4 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Tulare )
On __________________ before me, ____________________________, 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.
___________________________________
Signature of Notary Public
Staff Report
Meeting: City Council
Date: October 21, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Conditional Final Map Acceptance for the Cottonwood 3 Subdivision
RECOMMENDED ACTION
Conditionally approve the final map and subdivision improvement agreement for the Cottonwood 3 subdivision for recordation and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to December 20, 2025.
SUMMARY
Planning Commission Resolution No. 5488, which was adopted on June 24, 2024, approved the tentative subdivision map for the Cottonwood 3 subdivision. This subdivision is located on approximately 13.3 acres southeast of Mooney Boulevard and Foster Drive and will result in a total of 86 single-family residential lots and a park lot.
To streamline the final map approval process, the Subdivider is seeking conditional approval and acceptance from Council. This is subject to the receipt of the signed map, all fees, and other necessary items within 60 days. Such requests for conditional approval have been routinely accommodated.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action
ENVIRONMENTAL REVIEW
The tentative subdivision map for Cottonwood 3 was approved by the Tulare Planning Commission on June 24, 2024, by Resolution No. 5488. A Mitigated Negative Declaration was prepared in support of the tentative map submittal, and the Planning Commission made the finding that there was no substantial evidence that the project would have a significant effect on the environment with the incorporated mitigation measures.
POTENTIAL CONFLICT OF INTEREST
Councilmember Mederos owns property within 500 feet of the boundaries of the Cottonwood 3 subdivision.
LEGAL REVIEW
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes – Changes would result in delay to the project schedule.
2. Deny – Construction of the proposed single-family residential construction project would not be permitted.
3. Table – The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.
Item #: 10.10
Consent
ATTACHMENTS
1. Planning Commission Resolution No. 5488
2. Cottonwood 3 Subdivision Agreement
3. Cottonwood 3 Final Map
Reviewed/Approved:
Subdivision Improvement Agreement 1
Final Map of COTTONWOOD ESTATES PHASE 3
RECORDING REQUESTED BY:
City of Tulare
WHEN RECORDED MAIL TO:
City Clerk
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED
In the matter of the Approval of )
The Subdivision Map of ) AGREEMENT AND UNDERTAKING FOR
Cottonwood Estates 3, in the ) INSTALLATION AND CONSTRUCTION City of Tulare, County of Tulare, ) OF SUBDIVISION IMPROVEMENTS State of California )
SUBDIVISION AGREEMENT
FINAL MAP OF COTTONWOOD ESTATES PHASE 3
THIS AGREEMENT is made this ______ day of _____________________ 20___, by and between the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and D.R.
HORTON CA3, INC. located at 419 West Murray Ave, Visalia CA 93291, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification hereafter.
RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider and located within the City of Tulare (hereinafter “Subject Property”) as follows:
BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP NO. 4595, BOOK 46 OF PARCEL MAPS, AT PAGE 100, SITUATED IN SECTION 13, TOWNSHIP 20 SOUTH, RANGE 24 EAST, AND SECTION 18, TOWNSHIP 20 SOUTH, RANGE 25 EAST, BOTH OF MOUNT DIABLO BASE AND MERIDIAN, CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA.
B. City requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of certain streets, highways, public ways, and easements, as identified on the Final Map. City deems said dedication(s) necessary for the public use. Additionally, City requires that Subdivider make improvements to said dedicated property, as more specifically described below.
C. Subdivider desires and agrees to complete the improvements required by Resolution Resolution No. 5488 for Approving Tentative Subdivision Map 2023-26 Cottonwood Estates Phase 3 and Zone Amendment No. 752 dated June 24, 2024 and any amendments thereto, hereinafter referred to as “Conditions of Approval,” within the time hereinafter specified.
D. Subdivider hereby warrants that any and all parties having record title interest in the Final Map have subordinated their interest and all records of subordination, if any, are attached hereto and made a Subdivision Improvement Agreement 2
Final Map of COTTONWOOD ESTATES PHASE 3
part of this Agreement.
AGREEMENT
In consideration of the acceptance of the offers of dedication as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said [Vesting] Tentative Map, Subdivider and City hereby mutually agree as follows:
1) Time for Performance. The improvements required by the Conditions of Approval shall be completed within one year following the effective date of this Agreement. Subdivider shall automatically receive one extension of twelve (12) months if the Subdivider complies with the following:
a) At least thirty (30) calendar days before the original one-year deadline for completion of improvements, the City Engineer receives a written extension request from the Subdivider. b) If required by the City Engineer, provide additional performance and payment security to address construction cost increases due to inflation. Construction cost increase will be based upon Construction Price Index figures published by Engineering News-Record. The additional security shall be supplied to the City Engineer within twenty (20) calendar days from the date the City Engineer notifies Subdivider of the additional security amounts. 2) Failure to Perform. If all required improvements are not made to the satisfaction of the City Engineer within twelve (12) months of the date of this Agreement, or within twenty-four (24) months if an extension was granted, the City of Tulare may exercise its right to proceed against the bonds. 3) Incorporation of Improvements. The work depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter “Improvements”), are incorporated by reference and made a part of this Agreement.
4) Compliance with Standards and Regulations. All Improvements shall be completed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards (City Council Resolution No. 16-58) and any amendments thereto, and shall comply with all applicable federal, state, and local laws.
5) Costs. All Improvements shall be completed at the sole cost and expense of Subdivider. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit "A".
6) Requirements for Building Permit Issuance.
a) No building permit shall be issued for any lot of the Subject Property until the following minimum required improvements have been fully constructed and have passed inspection to the satisfaction of the City Engineer, except as allowed by the City’s Model Home Policies:
i) Curb and gutter,
ii) Street base rock placed in accordance with the approved improvement plans to provide accessibility for inspectors and emergency responders,
iii) Fully functional water mains, fire hydrants, and service connections, iv) Fully functional sanitary sewer mains and laterals, Subdivision Improvement Agreement 3
Final Map of COTTONWOOD ESTATES PHASE 3
iv) Fully functional storm drainage lines and facilities, v) All lots graded in accordance with the approved drainage plan, with a letter subject to City Engineer’s approval provided by the Subdivider’s licensed engineer or surveyor verifying same, and
vi) All lot corners marked.
b) If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, or a new subdivision improvement agreement extending the timeline for completion has been approved by the Tulare City Council.
7) Requirements for approval of Certificates of Occupancy. No Certificates of Occupancy shall be approved by the City for any building permit issued on any lot of the Subject Property until the following requirements are satisfied:
i) The requirements of section 6, subsection (a), above have been satisfied, and ii) all public safety items have been completed, including, but not limited to: signage, street paving, pavement markings, street lighting, and drainage basin fencing. 8) Estimate Reimbursements for Certain Improvements. In connection with the amounts set forth in Exhibit “A”, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Payment of fees and fee credits shall be made at the rates and amounts established by the Tulare Municipal Code and Master Fee Schedule. The estimated reimbursement amounts, fees, and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit “B”. 9) Fee Credit Adjustments. Subdivider may receive designated fee credits from City as an offset toward any development impact fee(s). Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completed by Subdivider. Until then, Subdivider shall have no right to any portion of any fee credit. Upon adjustment, Subdivider shall pay all outstanding development impact fees prior to approval of the final map or as otherwise mutually agreed in writing. If the final map has already been approved all such fees shall be promptly paid by Subdivider, unless otherwise mutually agreed upon in writing. City may enforce recovery of such fees in any manner available at law or in equity. 10) Security. Prior to the approval by the Tulare City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit “A”. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City. a) Performance Security. The total amount shall equal 100% of the total Cost Estimate, as specified in Government Code 66499.3 (a) and approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Notwithstanding other provisions contained in this Agreement, if the payment security provided to the City is in the form of a Performance Bond, the language on the bond shall be in substantial compliance with Gov.
Code § 66499.1. Upon written request from the Subdivider, partial releases of the Performance Security may be authorized by the City Engineer to reflect satisfactory completion of required improvements. Partial releases shall be limited to a maximum of 90% of the value of the Subdivision Improvement Agreement 4
Final Map of COTTONWOOD ESTATES PHASE 3
completed improvements, and shall in no event result in the overall release of more than 90% of the value of the total Cost Estimate. The Performance Security will be released in its entirety upon the City’s recordation of a Notice of Completion for the subdivision improvements, provided that a maintenance surety of not less than 10% of the value of the public improvements is provided to the City to guarantee replacement and repair of the public improvements for a period of one (1) year after the recording date.
b) Payment (Labor and Materials) Security. The total amount shall equal 50% of the total Cost Estimate, as specified in Government Code 66499.3 (b) and approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said Improvements and all persons furnishing labor, materials or equipment to them for said Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Notwithstanding other provisions contained in this Agreement, if the payment security provided to the City is in the form of a Labor and Material Bond, the language on the bond shall be in substantial compliance with Gov. Code § 66499.2. No reduction in Payment Security shall be allowed prior to the City’s recordation of a Notice of Completion, and prior to the passage of the time within which claims of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h).
11) Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final acceptance by the City shall be repaired or replaced by Subdivider before any securities are released.
Final acceptance by City shall not occur until damage has been repaired to prior and agreed upon condition.
12) Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of final acceptance of the Improvements by City. Prior to final acceptance of the Improvements by City, a warranty/maintenance bond or certificate of deposit shall be provided by Subdivider, as shown in Exhibit “A”, and shall be released one year following final acceptance, less any amount required to remedy defective work. 13) Indemnification. Subdivider shall be obligated as follows:
a) To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work or Improvements; or (v) City’s granting, issuing or approving use of this Agreement.
b) Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence or willful misconduct of City, its officers, officials, employees, agents or volunteers.
Subdivision Improvement Agreement 5
Final Map of COTTONWOOD ESTATES PHASE 3
c) If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a)” and “b)” of this Section.
14) Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager.
Insurance requirements, including coverage types and amounts, are attached hereto in Exhibit “D”.
If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the City Engineer, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to ensure that public health and safety is protected.
All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement.
Evidence of Insurance provided by Subdivider and his/her/its insurer shall clearly state that termination or suspension of insurance coverage may not occur until at least thirty (30) days following written notice to the City of the intent to terminate or suspend coverage. 15) Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to City of Tulare Design Guidelines, Public Improvement Standards, and Technical Specifications. Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider. 16) Inspections. City shall inspect all Improvements. All Improvements shall be performed and completed in strict accordance with the approved construction plans for said work on file with the City Engineer and City of Tulare Design Guidelines and Public Improvement Standards. In the event there are no applicable Design Guidelines and Public Improvement Standards it is agreed that the same shall be performed and completed in accordance with the standards and specifications of the California Department of Transportation.
17) Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider shall comply with the codes or ordinances of City including the Tulare Municipal Code, City Charter, and Building Codes. 18) Prevailing Wages. Subdivider shall:
a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
i) those specific Improvements for which Subdivider receives credits or reimbursements as identified in Exhibit “B”, if any, and
ii) those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the “PW Improvements”).
Subdivision Improvement Agreement 6
Final Map of COTTONWOOD ESTATES PHASE 3
19) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage. 20) Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
21) Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
22) Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land for the benefit of City and shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Tulare County Recorder.
23) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
24) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist. 25) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 26) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Tulare County Recorder. 27) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be Tulare County, California. 28) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit “C”, attached hereto and incorporated herein by this reference, shall be paid in full prior to recordation of the final map. * * * *
Subdivision Improvement Agreement 7
Final Map of COTTONWOOD ESTATES PHASE 3
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.
CITY OF TULARE D.R. HORTON CA3, INC
a Municipal Corporation a Delaware corporation
By: By:
Marc Mondell, City Manager
Name:
Title:
ATTEST:
Chief Deputy Clerk and Clerk of the Council
Of The City of Tulare
(Attach Notary Acknowledgments)
Subdivision Improvement Agreement 8
Final Map of COTTONWOOD ESTATES PHASE 3
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of Tulare )
On __________________ before me, ____________________________, 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.
___________________________________
Signature of Notary Public
Subdivision Improvement Agreement 9
Final Map of COTTONWOOD ESTATES PHASE 3
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on { , 20 }, in the office of the Tulare County Recorder, as Document No. {Doc. No. } of which the Deed of Trust in, by and between {Full Name of Trustor}, as Trustor, {Full Name of Trustee}, as Trustee and {Full Name of Beneficiary}, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing {Insert full name of Agreement, e.g. Subdivision Agreement for the Final Map of [including Addendum to Subdivision Agreement for Rights of Way Acquisition]}.
DATED: ____________________, 20___
BENEFICIARY
By: ________________________________________
Print Name: ________________________________________
Title: ________________________________________
(Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment)
Subdivision Improvement Agreement 10
Final Map of COTTONWOOD ESTATES PHASE 3
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of Tulare )
On __________________ before me, ____________________________, 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.
___________________________________
Signature of Notary Public
Subdivision Improvement Agreement 11
Final Map of COTTONWOOD ESTATES PHASE 3
EXHIBIT “A”
Estimated Improvement Costs & Security Requirements
COTTONWOOD ESTATES PHASE 3
Bond Type Required Bonding Amounts
Performance Bond Amount*
(100% Improvement Cost**) $ 4,704,866.00
Payment Bond Amount
(50% Improvement Cost) $ 2,352,433.00
Maintenance Bond Amount***
(10% of Required Improvements) $ 470,486.60
* For a single combined performance and payment bond, bond amount shall equal the algebraic sum of the performance and payment bond amounts listed above
** Upon the developer's request, the city may calculate a reduced bond amount (less than 100% improvement cost) following the City’s standard bond reduction procedures for partially installed improvements.
*** Maintenance bond is required at the time the improvements are accepted by the city.
Subdivision Improvement Agreement 12
Final Map of COTTONWOOD ESTATES PHASE 3
EXHIBIT “B”
Estimated Oversize Improvement Costs
COTTONWOOD ESTATES PHASE 3
Item Oversize Cost
Water Facilities
Description Quantity Unit
Measure
Unit
Price
Total Cost
Foster Drive C900 DR 18 water main upsize
from 8” to 10” difference in cost
850 LF $ 12.00 $ 236,323.50
Foster Drive gate valve upsize from 8” to 10”
difference in cost
5 LF $ 1,500 $ 7,500.00
Total = $17,700.00
Item Oversize Cost
Storm Drain Facilities
Description Quantity Unit
Measure
Unit
Price
Total Cost
48” RCP Master Plan Storm Drain Line 2,683 LF $ 225.00 $ 603,675.00 60” Master Plan Storm Drain Manholes 5 EA $ 15,000.00 $ 75,000.00 Total = $ 678,675.00
Subdivision Improvement Agreement 13
Final Map of COTTONWOOD ESTATES PHASE 3
EXHIBIT “C”
Subdivision Agreement Fees
COTTONWOOD ESTATES PHASE 3
Account No. Transaction No. R/C
No.
Description of Charge Quantity Unit Cost Total
Amount
Plan Check Fees
TBD Improvement Plans Check Fees 1 $ 22,286.00 $ 22,286.00 TBD Final Map Plan Check Fees 1 $ 9,603.00 $ 9,603.00
Inspection, Testing and Construction
001-3247-001 1391 S-29 Public Inspection Fee 1 $ 92,056.07 $ 92,056.07 010-3270-3 3073 Water Pressure Test 4 $ 264.00 $ 1,056.00 010-3270-004 3074 Water Purity Sample 12 $ 227.00 $ 2,724.00
Front Foot Fees
015-3265 3420 Sewer Front Foot 1101 $ 28.00 $ 30, 828.00 010-3265 3060 Water Front Foot 1080 $ 19.00 $ 20,520.00
Benefit Districts
TBD TBD 0 $ 0 $ 0.00
In-Lieu Fees
001-260-055 9260 Turner/Mooney 22-feet of
Pavement (5” AC / 10” AB)
21,488 $ 6.22 $ 133,655.36
Non-Bonded Improvements
001-3266-000 1611 Street Signs 5 $ 276.00 $ 1,380.00
Total = $ 283,280.43
Less Previously Paid = $ 0.00
Less Credits = $ 0.00
Amount Due = $ 283,280.43
Subdivision Improvement Agreement 14
Final Map of COTTONWOOD ESTATES PHASE 3
EXHIBIT “D”
Minimum Insurance Requirements, Coverage Types, Amounts COTTONWOOD ESTATES PHASE 3
Coverage Afforded Limits of Liability
Worker’s Compensation: As required by the State of California and Employer’s Liability Insurance
Commercial General Liability Insurance
Including:
$2,000,000 per occurrence for Bodily Injury, Personal
Injury, and Property Damage. If Commercial General
Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location
or the general aggregate limit shall be twice
(minimum $4,000,000) the required occurrence
limit.
a) Products & Completed Operations
b) Blanket Contractual
c) Explosion, Collapse & Underground Hazard
Automobile Liability Insurance including: $2,000,000 Bodily Injury and Property Damage. a) Non-owned
b) Leased
c) Hired Vehicles
Employer's Liability:
Subcontractors:
Verification of Coverage:
$1,000,000 per accident for bodily injury or disease.
Contractor shall include all subcontractors as
insureds under its policies or shall furnish separate
certificates and endorsements for each
subcontractor. All coverages for subcontractors shall
be subject to all of the requirements stated herein.
Contractor shall furnish the City with original
endorsements effecting coverage required by this
clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on
its behalf. All Certificates of Insurance and
endorsements are to be received and approved by
the City before work commences. Upon the request
of the City, the Contractor’s insurer may provide
complete, certified copies of all required insurance
policies, including endorsements affecting the
coverage required by these specifications.
Staff Report
Meeting: City Council
Date: October 21, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Cartmill Commons Notice of Completion
RECOMMENDED ACTION
Accept the required public works improvements for the Cartmill Commons commercial project as complete, authorize the City Engineer to sign a Notice of Completion (NOC), and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office.
SUMMARY
Certain public improvements were conditionally required for the Cartmill Commons commercial development located at the southwest corner of Cartmill Avenue and Akers Street. These consisted of the following:
• extension of Akers Street south of Cartmill Avenue, including street frontage improvements consisting of curb, gutter, sidewalk and street lights, • modifications to the existing traffic signal at the intersection of Cartmill Avenue and Akers Street, • water main and appurtenances in Akers Street and the private drive extending westerly off of Akers Street, and
• sewer and storm drainage facilities in Akers Street.
The developer of the Cartmill Commons project, UG2 TULARE CA, LP, has completed construction of all required public works improvements in accordance with the approved plans and specifications for this subdivision.
FISCAL IMPACT & FUNDING SOURCES
The City will assume responsibility for ongoing maintenance of the public improvements. The following funding sources will be impacted by the operations and maintenance costs associated with the additional City infrastructure:
• Fund 100 – General Fund – Electrical costs for roadway lighting and maintenance of street improvements.
• Fund 106 – Wastewater Fund – Operations and maintenance of sewer and wastewater treatment infrastructure.
• Fund 107 – Water Fund – Operations and maintenance of water supply and distribution infrastructure.
• Fund 195 – Surface Water Management Fund – Operations and maintenance of storm drain (i.e., surface water) infrastructure.
• Fund 406 – Wastewater CIP Fund – Future replacement costs for sewer infrastructure when it reaches the end of its service life.
• Fund 407 – Water CIP Fund – Future replacement costs for water infrastructure when it reaches the end of its service life.
ENVIRONMENTAL REVIEW
Environmental review was completed in conjunction with prior project entitlements.
POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Item #: 10.11
Consent
LEGAL REVIEW
The City’s Notice of Completion template has been reviewed and approved as to form by the City Attorney.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny – Not recommended. The filing of a Notice of Completion is appropriate for documenting the City’s acceptance of the project’s public improvements and provides the developer with evidence of the same. Failure to accept the completed public improvements would be contrary to the terms and conditions of project entitlement.
3. Table – A delay in the City accepting the improvements could adversely impact the developer’s ability to market the property to potential buyers/tenants.
ATTACHMENTS
1. Notice of Completion
Reviewed/Approved:
RECORDING REQUESTED BY:
City of Tulare
WHEN RECORDED MAIL TO:
City Clerk
City of Tulare
4 1 1 East Kern Avenue
Tulare, CA 93274 -4257
P URSUANT TO GOVERNMENT CODE SECTION 6 10 3 ,
NO RECORDING FEE REQUIRED.
N O T I C E O F C O M P L E T I O N
NOTICE IS HEREBY GIVEN THAT:
1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, 93274, is the owner of the real property, public works or structure hereinafter described.
2. The nature of the title of the stated owner is: In Fee.
3. On the 3rd day of October, 2025, a work of improvement on real property hereinafter described was completed by UG2 TULARE CA, LP, the Developer of record, whose address is 1000 Fourth Street, Suite 290, San Rafael, CA 94901.
4. The real property or public work or structure is described as follows:
Public improvements associated with the Cartmill Commons commercial development.
6. The public works improvements were accepted as complete by the City Council of the City of Tulare on the 21st day of October, 2025.
Dated: CITY OF TULARE
A Municipal Corporation
By:
Michael W. Miller, City Engineer
VERIFICATION:
I am the City Engineer of the City of Tulare and am authorized to make this verification on behalf of the City.
I have read the foregoing Notice of Completion, know the contents thereof, and believe it to be true and correct to the best of my knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on ________________________ , 2025 at Tulare, California.
By: _________________________________
Michael W. Miller, City Engineer
Staff Report
Meeting: City Council
Date: October 21, 2025
Department: Community Development - Housing
Submitted by: Alexis Costales, Housing and Grants Manager Agenda Title: Intent to Substantially Amend 2025-2029 Consolidated Plan and 2025 Action Plan
RECOMMENDED ACTION
Receive a staff presentation and provide comment on the substantial amendment process and/or potential changes to the City of Tulare’s 2025-2029 Consolidated Plan and 2025-2026 Annual Action Plan regarding the use of incoming HOME Investment Partnerships Program (HOME) and available Community Development Block Grant (CDBG) federal funds.
SUMMARY
A five-year Consolidated Plan (ConPlan) for Fiscal Year (FY) 2025/26 – FY 2029/30 and Annual Action Plan (AAP) for FY 2025/26 was developed over six months and adopted by the City Council on June 3rd, 2025. See Attachment 1 for a reference to the certified resolution and Attachment 2 for a website link to access and review a copy of the existing ConPlan and AAP. The ConPlan and AAP established a placebased, market-driven strategy for decisions about how federal and state grant funds will be allocated to address community development, housing, and social service needs. The City’s planned projects for the next five years reflect the needs and market realities uncovered in the ConPlan, both through data collection and input from community stakeholders and residents. And, the AAP described how the City intends to invest its CDBG funds to meet the ConPlan’s priorities to address housing and community development needs over a twelve-month period.
The City receives an award of CDBG funds annually, and beginning in FY 2025, the City will also receive federal HOME Investment Partnerships (HOME) Program funds directly from the U.S. Department of Housing and Urban Development (HUD). The City must evaluate the HOME Program and seek input from residents, local organizations and other stakeholders on how to utilize HOME funds to achieve ConPlan and AAP goals in a compliant and effective manner. The City of Tulare, upon adoption of a substantial amendment to the ConPlan and AAP, will become a participating jurisdiction (PJ) under the HOME Program and have an opportunity annually to commit CDBG and HOME funds to activities and projects that achieve ConPlan goals.
The first element of a substantial amendment requires the incorporation of HOME funds within the ConPlan. Through consultation, the City will recommend a five-year spending plan involving HOME activities and/or projects that address ConPlan goals and needs. For reference, the Strategic Plan developed as part of the ConPlan called for projects to be undertaken from FY 2025 to 2029 that address one or more of the following needs / goals:
1. Preserve and Expand Affordable Housing Opportunities
2. Revitalize Communities
3. Enhance Public Services
The City will receive input, evaluate options, and present proposed HOME activities and/or projects that address one or more the aforementioned ConPlan strategic plan goals within a proposed amendment document. This written amendment to the ConPlan and AAP will be available for comment and consideration beginning on October 31st, 2025.
The second part of a substantial amendment involves a reallocation of CDBG funds as well as an obligation of forthcoming HOME funds to support existing and/or establish new eligible activities in FY 2025. The current AAP included four activities under the CDBG Program. The selection of activities and formation of budgets in this AAP was informed by an open and competitive Request for Proposals Item #: 11.1
Public Hearing
process in March 2025, the size of a 2025 CDBG allocation from HUD, and the balance of 2024 CDBG funds to repurpose. HUD notified the City of Tulare on May 14th, 2025, of the opportunity to become a PJ and receive HOME funds on a yearly basis. As such, the City should evaluate eligible uses of HOME funds and expand the ConPlan and AAP to include an obligation of HOME funds to particular HOME eligible activities and/or projects across the five-year ConPlan cycle and during the current fiscal year.
Table 1 - Current Activities and Allocations within the FY 2025 Annual Action Plan Activity Type & Name Allocation Federal Program - Source Public Infrastructure and Facilities
Improvements
$302,000 CDBG
Services for People Experiencing
Homelessness
$106,000 CDBG
Affordable Housing Preservation $250,000 CDBG
Program Administration and Planning
(incl. Fair Housing)
$142,000 CDBG
Subtotal $800,000 CDBG
To be determined (1 or more HOME
activities)
$500,000 HOME
Grand Total $1,300,000 CDBG & HOME
City staff will consult residents, local organizations, and other stakeholders and examine eligible activities and projects under the HOME Program in order to recommend one or more uses in FY 2025 for an allocation of HOME funds in the amount of $500,000. The $500,000 of HOME funds available in FY 2025 is much higher than forthcoming years because of a one-time contribution of $135,792.50 to be combined with a first year allocation of $364,207.50 from HUD. The City may commit the one-time participation threshold amount from its available HOME program income funds. Any proposed HOME activities and projects must adhere to federal regulations and align with the goals of the FY 2025-2029 ConPlan. The City estimates that HUD will award about $360,000 in HOME funds annually to the City as a PJ. As such, the City will propose and approve activities and projects with an anticipated total of about $1,800,000 of HOME funds from FY 2025 to FY 2029.
The City, per the terms of its 2025-2029 Citizen Participation Plan, must amend its approved Consolidated Plan or Annual Action Plan whenever a decision is made to propose a substantial change in allocation priorities. A substantial amendment to the ConPlan or AAP may include one or more the following factors:
1. Addition of an activity not initially identified in the ConPlan or Action Plan;
2. A change in excess of 25% of an activity’s original approved budget; and,
3. A change in the purpose, scope, location or beneficiaries of an activity.
Housing and Grants Division staff contend that all three factors are present and necessitate a substantial amendment to the ConPlan and AAP. Residents and other stakeholders will be notified via two formal public notice publications and local marketing efforts of comment periods, public meetings, and public hearings. These outreach practices are meant to improve the public’s awareness and facilitate input. For more details on public participation requirements with a substantial amendment, please see the Citizen Participation Plan available on the City’s website at - https://www.tulare.ca.gov/government/departments/community-development/housing-grantsservices/reports.
Overall, Staff began the substantial amendment process with a formal publication notice within the Visalia Times Delta and Tulare Advance Register on Friday, October 3rd (See Attachment 3). This notice outlined the involved federal grant sources, factors of the substantial amendment process, and the opportunities for public participation. With a public meeting on October 8th and distribution of an online survey, staff seek to build awareness and gather initial input from different stakeholders through October. The staff presentation and public hearing before City Council on October 21st continues the first half of the substantial amendment process involving public outreach and gathering preliminary input. By the end of October, staff will complete an assessment of HOME and CDBG program possibilities and public input in order to draft proposed changes to the ConPlan and Action Plan. And, staff will oversee a second 30- day period and public meeting on November 12th for the public to review said changes prior to City Council’s consideration of adopting a revised ConPlan and Action at the December 2nd, 2025, City Council meeting.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA) or an appropriation of funding that triggers an environmental review process according to the National Environmental Policy Act (NEPA).
POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest with this action.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
A notice of public hearing was published in The Visalia Times Delta on Friday, October 3, 2025, which is at least 15 days prior to the public hearing.
ALTERNATIVE ACTION
1. Receive presentation with changes
2. Deny
3. Table
If the City Council decides to delay the receipt of this presentation and public hearing, then the City must republish a formal public notice and adjust its overall timeline regarding the development and consideration of a substantial amendment to its ConPlan and Annual Action Plan.
ATTACHMENTS
1. Resolution No. 2025-30 – Adoption of 2025-2029 ConPlan and 2025-2026 Action Plan
2. Consolidated Plan 2025-2029 – available online for download and review
3. October 3rd Public Notice
Reviewed/Approved:
RESOLUTION 2025.30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2025-2029
CONSOLIDATED PLAN, ANALYSIS OF IMPEDIMENTS, CITIZEN PARTICIPATION PLAN, AND 2025-2026 ANNUAL ACTTON PLAN (AAP) TO COMMIT AN ESTIMATED $800,000 lN
CDBG FUNDING TO ELIGIBLE PUBLIC SERVICE, PUBLIC INFRASTRUCTURE,
AFFORDABLE HOUSING, PUBLIC SERVICES, AND PROGRAM ADMINISTRATION
ACTIVITIES
WHEREAS, the City of Tulare is designated an entitlement jurisdiction by the U'S.
Department of Housing an-O Urban Development (HUD) to receive an annual allocation of Community Development Block Grant (CDBG) funds for implementing projects and programs within the City; and
WHEREAS, the CDBG Program was established under Title 1 of the Housing and Community Development Act of 1974, as amended, to assist in developing viable, urban communities by providing decent housing, a sustainable living environment, and promoting economic deveiopment that benefit primarily low- and moderate-income persons; and WHEREAS, the City of Tulare estimates to receive $714,000 annually with a total of $3,570,000 in CDBG funds over the next five years; and
WHEREAS, on May 20, 2025, a public hearing was conducted for the opportunity to provide input on the 2025-2029 Consolidated Plan, Analysis of lmpediments to Fair Housing Choice, Citizen Participation Plan, and2O25-2026 AnnualAction Plan; and WHEREAS, lhe 2025-2029 Consolidated Plan contains a Needs Assessment, Market Analysis, Strategic Plan, and an Annual Action Plan for Fiscal Year 2026; and WHEREAS, the activities and projects proposed in the 2025-2029 Consolidated Plan reflect community needs, stakeholder input, and particular funding priorities; and WHEREAS, the goals and objectives of the 2025-2029 Con Plan include public infrastructure and facilitieJimprovements; direct assistance and housing for people experiencing homelessness; expansion of affordable housing opportunities including housing rehabilitation and development; pubiic services for moderate- and low-income housing and for people with special needs; employment and training opportunities for moderate- and low-income households; and WHEREAS, total anticipated resources for FY 2026 in the amount of $800,000 includes an approximate FY 2026 allocation of $714,971estimated $5,000 in program income, and about $80,000 in CDBG funds remaining from FY 2025; and
WHEREAS, the funding levels identified for FY 2026 activities are estimated amounts, and once the amount of unexpended FY 2025 CDBG funds is known, one or more of the proposed activities' budgets will be proportionally increased or decreased from the estimated funding levels to correspond with actual available resources; and
WHEREAS, between February 21 and March 24, staff held a Request for Proposal (RFP) period, sought public comment, held two public meetings, and consulted with local organizations and other City staff to gather information and proposals for the FY 2026 AAP; and Resolution 2025-30
WHEREAS, the City received nine applications prior to the close of the RFP period on Monday, March 24, 2025. Staff reviewed applications according to criteria including, but not limited to, how a proposed activity and/or its sponsor: a) benefits low- and moderate-income households; b) demonstrates cost reasonableness and effectiveness; c) experience and past performance; and d) management and implementation approach; and WHEREAS, staff notified the general public and over several hundred nonprofit, private, and public entities of the RFP and corresponding public meeting through the publication of notices in two local newspapers and through .the e-mail list-serves of local community-based organizations; and
WHEREAS, from May 2 through June 2, 2025, staff held a 30-day period for review and comment on the proposed FY 2026 AAP and the plan's obligation of approximately $800,000 in available CDBG funds to eligible activities for the Program Year that begins on July 1,2025, and runs through June 30, 2026; and
WHEREAS, a final public comment period began on May 2 and a public hearing on May 20, 2025, on the proposed Consolidated Plan, Analysis of lmpediments, Citizen Participation Plan, FY 2026 Annual Action Plan was duly noticed in a newspaper of general circulation; and WHEREAS, the proposed FY 2026 Annual Action Plan commits CDBG funds in the approximate amounts of $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 for program administration, oversight, and training.
NOW, THEREFORE, BE lT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. Following a public hearing, the. City Council hereby adopts the Consolidated Plan, Analysis of lmpediments, Citizen Participation Plan, and FY 2026 Annual Action Plan as presented.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 3'd day of June 2025, by the following vote:
Ayes: Dennis A. Mederos, Terry A. Sayre, Jose Sigala, Stephen C. Harrell Noes: None
Absent: None
Abstain: Patricklsherwood
C. tfanal,l
Stephen C. Harrell, Mayor Pro Tempore
ATTEST:
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
City of Tulare, CA
Consolidated Plan FY 2025/26 – FY 2029/30
and Annual Action Plan FY 2025/26
`
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Table of Contents
Executive Summary _______________________________________________________________ 3 Process___________________________________________________________________________ 8 Needs Assessment ______________________________________________________________ 17 NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c) _______________________________ 18 Market Analysis __________________________________________________________________ 51 MA-05 Overview _______________________________________________________________________ 51 MA-10 Number of Housing Units – 91.210(a)&(b)(2) _______________________________________ 52 MA-15 Housing Market Analysis: Cost of Housing - 91.210(a) _____________________________ 56 MA-20 Housing Market Analysis: Condition of Housing – 91.210(a) _______________________ 58 MA-25 Public and Assisted Housing – 91.210(b) __________________________________________ 61 MA-30 Homeless Facilities and Services – 91.210(c) _____________________________________ 64 MA-35 Special Needs Facilities and Services – 91.210(d)_________________________________ 68 MA-40 Barriers to Affordable Housing – 91.210(e) ________________________________________ 70 MA-45 Non-Housing Community Development Assets – 91.215 (f) ________________________ 71 MA-50 Needs and Market Analysis Discussion___________________________________________ 77 MA-60 Broadband Needs of Housing occupied by Low- and Moderate-Income Households -
91.210(a)(4), 91.310(a)(2) _______________________________________________________________ 78 MA-65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3)______________________________________ 79 Strategic Plan ____________________________________________________________________ 80 SP-05 Overview ________________________________________________________________________ 80 SP-10 Geographic Priorities ____________________________________________________________ 81 SP-25 Priority Needs ___________________________________________________________________ 82 SP-30 Influence of Market Conditions___________________________________________________ 85 SP-35 Anticipated Resources___________________________________________________________ 87 SP-40 Institutional Delivery Structure – 91.215(k)________________________________________ 89 SP-45 Goals Summary – 91.215(a)(4) ____________________________________________________ 92 SP-50 Public Housing Accessibility and Involvement – 91.215(c) _________________________ 94 SP-55 Barriers to Affordable Housing – 91.215(h) ________________________________________ 95 SP-60 Homelessness Strategy – 91.215(d) _______________________________________________ 97 City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
SP-65 Lead Based Paint Hazards – 91.215(i) _____________________________________________ 99 SP-70 Anti-Poverty Strategy – 91.215(j) _________________________________________________ 100 SP-80 Monitoring – 91.230 _____________________________________________________________ 101 Action Plan _____________________________________________________________________ 102 AP-15 Expected Resources – 91.220(c)(1,2) _____________________________________________ 102 AP-20 Annual Goals and Objectives____________________________________________________ 105 AP-35 Projects – 91.220(d) _____________________________________________________________ 107 AP-38 Projects Summary ______________________________________________________________ 108 AP-50 Geographic Distribution – 91.220(f) ______________________________________________ 110 AP-55 Affordable Housing – 91.220(g) __________________________________________________ 111 AP-60 Public Housing – 91.220(h) ______________________________________________________ 112 AP-65 Homeless and Other Special Needs Activities – 91.220(i) _________________________ 114 AP-75 Barriers to Affordable Housing – 91.220(j) ________________________________________ 117 AP-85 Other Actions – 91.220(k)________________________________________________________ 118 AP-90 Program Specific Requirements – 91.220(l)(1,2,4) ________________________________ 121 Appendix 1: Map ________________________________________________________________ 122 Appendix 2: 2025 AAP Summary Detail and Certified Resolution ___________________ 123 Appendix 3: Citizen Participation Comments _____________________________________ 127 Appendix 4: Community Engagement Survey _____________________________________ 128 Overview _____________________________________________________________________________ 161 Community Organization Survey Results ______________________________________________ 161 Community Residents Survey Results _________________________________________________ 163 Appendix 5: Engagement Artifacts _______________________________________________ 171 Public Notices and Affidavits__________________________________________________________ 172 Public Presentation___________________________________________________________________ 178 Public Meeting/Survey Advertisements ________________________________________________ 190 City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Executive Summary
ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
Introduction
The City of Tulare (City), under the U.S. Department of Housing and Urban Development (HUD), has developed a five-year strategic plan, also known as the FY 2025/26 – FY 2029/30 Consolidated Plan that identifies and prioritizes the future use of the City’s Community Development Block Grant (CDBG) funds.
In preparing its Consolidated Plan, the City used varied methods to analyze its housing and community development needs, such as surveying community residents, organizations, and other stakeholders; analyzing American Community Survey (ACS), Comprehensive Housing Affordability Strategy (CHAS) data, as well as other demographic data; and integrating data and priorities from other state and local housing, infrastructure, and other plans. Tulare hosted three community meetings that educated residents on Consolidated Plan features and solicited feedback on housing and community development needs and priorities and the Consolidated Plan, as well as a public hearing following the release of the Consolidated Plan. The City also contacted organizations in an effort to reach the residents and beneficiaries they serve to encourage participation by all residents, particularly low- and moderate-income (LMI) residents.
The City engaged directly with organizations and City and County agencies to solicit their feedback via a survey and an agency/organization focus group.
The City of Tulare qualifies as an entitlement jurisdiction based upon having a population of over 50,000 people and receives CDBG funds. HUD allocates CDBG funds according to a five-part formula which factors population, extent of housing overcrowding, poverty, age of housing and growth lag into the ultimate award amount. Funding allocations are variable each year. The City of Tulare expects to receive roughly $3.3 million in total over the next four years.
To receive its entitlement funding from HUD, the City is required to approve an Annual Action Plan for each fiscal year. The Annual Action Plan (AAP) must describe how the City intends to invest its CDBG funds to meet the Consolidated Plan’s priorities to address housing and community development needs. The City’s FY 2025/26 AAP has been prepared based on an allocation of $714,971 of CDBG entitlement funds.
The City’s planned projects for the next five years reflect the needs and market realities uncovered in this Consolidated Plan, both through data collection and input from community stakeholders and residents.
The Consolidated Plan document is divided into five sections:
1. Process: Summarizes the City’s efforts to engage Tulare residents, agencies, organizations, and other stakeholders and to determine the community’s needs and highest priorities
2. Needs Assessment: Identifies the City’s priority needs related to affordable housing and community development
3. Market Analysis: Assesses the local market environment in which the City will implement its projects
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
4. Strategic Plan: Establishes goals and projects addressing the community’s identified needs
5. City’s FY2025/26 AAP
Summarize the objectives and outcomes identified in the Plan.
The Needs Assessment, which summarizes the City’s needs in the areas of affordable housing and public housing, special needs housing, community development, and homelessness, identified the highest priority needs for the City. This section uses the data sources mentioned above, as well as citizen participation and consultation feedback to inform the assessment of needs. The identified needs are as follows:
• The most prevalent housing problem facing Tulare households is housing cost burden with over one-third (36.5%) of all Tulare households experiencing cost burden. • More renter households are impacted by housing problems, including housing cost burden and overcrowding.
• There is a large share of owner-occupied elderly households that are cost burdened and severely cost burdened.
• Homelessness is increase with 82% of homeless individuals sleeping on the street in the Tulare.
The Market Analysis assesses local market conditions to inform the development and execution of goals based on the expected influence of these market conditions on goal realization.
Significant market conditions include:
• There is a need for additional housing units in Tulare, including a variety of housing types and units that are affordable to lower-income households. • Home values and rents are rising at a faster rate than income, meaning housing is continuing to become more unaffordable.
• There are a small number of homes considered to be substandard, lacking complete plumbing or kitchen facilities, and one in ten units have children under the age of six living in homes likely to have lead-based paint hazards.
• There is a need to continue to connect residents with special needs to services and housing assistance.
The needs above form the basis for the Strategic Plan section and the projects to be undertaken over the next five years. The goals and outcome indicators identified are as follows:
• Preserve and Expand Affordable Housing Opportunities
• Revitalize Communities
• Enhance Public Services
Evaluation of Past Performance
The City of Tulare regularly evaluates its past performance toward the objectives and outcomes identified in each year’s Annual Action Plan through a Consolidated Annual Performance and Evaluation Report (CAPER). These documents evaluate performance by comparing the City’s stated goals and objectives against its actual performance. The City maintains past CAPERs on its website on the Housing & Grants Services page at the following link: CDBG / Housing Reports | City of Tulare.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
In the first four years of the last consolidated planning period (July 1, 2020 to June 30, 2025), the City of Tulare accomplished the following:
• Completed minor repair and rehabilitation work on 32 single-family homes for low- and moderate-income families.
• Assisted eight low- and moderate-income families with purchasing a home or repairing their home through the HOME Program Contract with the CA Housing & Community Development Department.
• Funded services that assisted 913 people experiencing homelessness or who recently experienced homelessness with housing navigation and housing stabilization. • Assisted six low- and moderate-income people and people experiencing homelessness with job training and placement services.
• Completed infrastructure improvements in low- and moderate-income areas to address safety, environmental, and/or regulatory needs, including:
o Sycamore and San Joaquin Street and Utility System
o Apricot and Academy Utility System and Sidewalk Improvements (currently underway)
The City held a goals workshop internally during the development of the FY 2025/26-FY 2029/30 Consolidated Plan at which it reviewed its past performance and remaining actions it may carry forward from its prior Consolidated Plan.
Summary of Citizen Participation Process and Consultation Process Community and Stakeholder Engagement
The City of Tulare used multiple modes for obtaining input from community residents and stakeholders to develop the 2025/26-2029/30 Consolidated Plan and FY 2025/26 AAP. These included two online surveys – one for residents and one for agencies/organizations – covering housing and community development needs, one agency/organization focus group to gather more details from agencies and organizations to inform survey responses, three community meetings to educate residents on the Consolidated Plan and solicit their feedback, and a public hearing to obtain community input on prioritization of goals in the Consolidated Plan and FY 2025/26-FY 2029/30 AAP. The City also consulted with state and regional agencies and local service providers. The three community meetings that took place during the community needs assessment were held as follows:
• AI/Consolidated Plan 101 Info Session
o City of Tulare Public Library (Council Chambers); 491 North M Street, Tulare, CA 93274
o Tuesday, December 17, 2024 @ 7PM
• Community/Housing Need Input Public Hearing
o City of Tulare Public Library (Charter Mtg. Room); 491 North M Street, Tulare, CA 93274
o Wednesday, January 15, 2025 @ 5PM
o Virtual option via Microsoft Teams
• Consolidated Plan Goals
o City of Tulare Public Library (Charter Mtg. Room); 491 North M Street, Tulare, CA 93274
o Tuesday, April 8, 2025 @ 4PM
Marketing efforts for the surveys, focus groups, and community meetings took various forms. Both City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
English and Spanish flyers were created to advertise the surveys; the flyers were physically posted in government buildings, included in utility bills due during the month of February 2025 to roughly 20,000 households, and distributed to three organization listservs on December 19, 2024 and January 13, 2025 – the Tulare Chamber of Commerce listserv (over 1,000 stakeholders), the Kings/Tulare Homeless Alliance (KTHA) listserv (over 300 stakeholders), and the Community Care Coalition listserv (managed by the Tulare County Health and Human Services Agency).
English and Spanish flyers were also created to advertise the community meetings. A social media posting on the City of Tulare’s Instagram page on January 7, 2025 advertised the resident survey to the public. A public notice advertising the community meeting on January 15, 2025, was published in the Visalia Times Delta and the Tulare Advance Register on Friday, December 27, 2024. English and Spanish resident surveys were available at the City of Tulare Public Library.
The City also conducted separate outreach specific to its 2025-2029 Analysis of Impediments to Fair Housing Choice (AI). This included two additional surveys addressing fair housing issues (one for residents and one for agencies/organizations), one additional focus group on January 22, 2025 with agencies and organizations, and a public workshop on January 8, 2025 targeting fair housing issues and reviewing AI details.
Outreach to agencies and organizations centered around two organization email blasts, sent on December 20, 2024, and January 13, 2025. These email blasts encouraged organizations to register for the focus group and submit a survey response.
Additional outreach included personalized email messages and outreach from the City Manager, Assistant City Manager, and council members to agencies and organizations. The City’s General Services and Fire departments also partnered with the County of Tulare on the County’s regional hazard mitigation plan.
Public Hearing
The public hearing soliciting public input on the prioritization of goals during the development of the Consolidated Plan was held on January 15, 2025, as noted above.
Public Review
The first 30-day public review and comment period took place from April 1, 2025 to May 1, 2025.
The public notice announcing the comment period was published March 28, 2025. During the 30- day public review period, the City held a community meeting to obtain input on the FY 2025/26- FY 2029/30 Consolidated Plan and FY2025/26 AAP. The community meeting was held on April 8, 2025 from 4 to 6 p.m. at the Tulare Public Library. The was available to review online on the Community Development Department’s website and paper copies were available at the Tulare Public Library. The second 30-day public review and comment period was held May 2, 2025 to June 2, 2025.
The City conducted a public hearing before the Tulare City Council on May 20, 2025 to accept community input on the Consolidated Plan and AAP. An additional public hearing was conducted before the Tulare City Council on June 3, 2025 to approve the FY 2025/26-2029/30 Consolidated Plan and Citizen Participation Plan, as well as the FY 2025/26 AAP.
Summary of Public Comments
Two public meetings were held (January 15, 2025 and April 8, 2025), as well as a public hearing on May 20, 2025, to solicit public feedback on Consolidated Plan priorities and goals. There were City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
no comments from the public during these hearings/meetings, nor did the City receive public comments during its AI public workshop on January 8, 2025. During the public comment period, the City received one comment which was accepted.
Summary of Comments or Views Not Accepted and Reasons for Not Accepting Them
All comments were taken into consideration. No comments were not accepted.
Summary
A summary of the citizen participation and consultation are included in the appendices, including results from the community survey.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Process
PR-05 Lead & Responsible Agencies 24 CFR 91.200(b)
Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Table 1: Responsible Agencies
Agency Role Name Department/Agency
CDBG
Administrator City of Tulare Community Development Department Narrative (optional)
The Community Development Department of the City of Tulare is the lead agency for the City of Tulare's Consolidated Plan and for administration of CDBG funds.
Consolidated Plan Public Contact Information
Alexis Costales
Housing and Grants Manager
City of Tulare
411 East Kern Avenue
Tulare, CA 93274
559-684-4224
[email protected]
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
PR-10 Consultation - 91.100, 91.200(b), 91.215(l)
Introduction
The City of Tulare engaged agencies, organizations, and other stakeholders through a Consolidated Plan survey covering housing and community development needs, three community meetings and one public hearing during the development of the Consolidated Plan, and one focus group. Outreach for the City’s 2025-2029 Analysis of Impediments to Fair Housing Choice (AI) included one additional focus group specific to potential fair housing issues in the City. The City also consulted with state and regional agencies and local service providers. The City publicized and promoted involvement opportunities through three listservs – the Tulare Chamber of Commerce listserv (over 1,000 stakeholders), the Kings/Tulare Homeless Alliance (KTHA) listserv (over 300 stakeholders), and the Community Care Coalition listserv (managed by the Tulare County Health and Human Services Agency). The City’s Instagram page and webpage were also used for promotion. The City maintains a list of agency and organization contacts, to which two email blasts went out (on December 20, 2024 and January 13, 2025) promoting focus group and survey participation. Additional outreach included personalized email messages from the City Manager and Assistant City Manager to an agency and organization list encouraging participation in Consolidated Plan efforts. The City’s General Services and Fire departments also partnered with the County of Tulare on planning and coordination for the County’s regional hazard mitigation plan. The City’s consultation activities were consistent with the City’s 2020-2024 Citizen Participation Plan.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I))
The City of Tulare works closely with the local Housing Authority and other local nonprofits and private developers to coordinate the provision of housing and services to the city’s most vulnerable populations. The Housing Authority of Tulare County (HATC) has a satellite office in the City of Tulare handling intake of housing applications and other matters. Various affordable rehab and new development projects are underway in the City. In continuing these relationships, the City of Tulare will encourage more coordination among these entities. Involvement with service providers that assist the homeless will also continue in the City, as specified in the next section. HATC currently manages 205 public housing units and 564 Section 8 vouchers within the City of Tulare.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness
The City of Tulare has coordinated with the Housing Authority of Tulare County (HATC), the local and regional homeless service providers and bi-county Kings/Tulare Homeless Alliance, which is the designated Continuum of Care Program – a community-based organization that developed a long-range plan that addressed the needs of the homeless in order to help them reach maximum self-sufficiency. The City of Tulare has worked with the Kings/Tulare Homeless Alliance in the following manner:
• Contributed to the regional Kings/Tulare Homeless Alliance (CoC) planning process.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
• Additionally, the City initiated the process to build relationships with the Kings/Tulare Homeless Alliance service providers, in order to address the needs of the City’s homeless.
• In future years, the City will also explore options to link resources with providers that address the needs of special need populations such as the frail elderly, victims of domestic violence, and individuals with disabilities
It is essential for the City to continue to support the Kings/Tulare Homeless Alliance through such means as financial support, membership, and attendance of meetings. The City of Tulare works closely with the Alliance, by actively participating in monthly Alliance meetings, which are intended to enhance coordination, share information on best practices, and develop a better understanding of the needs of the homeless population in jurisdictions across both counties.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS
The City is not a recipient of Emergency Solutions Grant (ESG) funds; therefore, it does not assist the Kings/Tulare Homeless Alliance with the determination of ESG allocations or evaluating outcomes and developing policies and procedures for the administration of the regional Homeless Management Information System (HMIS).
Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Table 2: Agencies, groups, organizations who participated Agency /
Group /
Organization
Agency /
Group /
Organization
Type
What section of the Plan was
addressed by Consultation?
How was the
agency/group/
organization consulted?
What are the anticipated
outcomes of the
consultation or areas for
improved coordination?
Habitat for
Humanity Housing
Housing Need Assessment;
Homelessness Strategy; NonHomeless Special Needs; Market Analysis; Economic Development
Participated in the
Consolidated Plan focus
group for
agencies/organizations.
Participated in the AI focus
group for
agencies/organizations.
Adventist
Health
ServicesHealth
Housing Need Assessment;
Homelessness Strategy; NonHomeless Special Needs; Market Analysis; Economic Development
Participated in the
Consolidated Plan focus
group for
agencies/organizations.
Participated in the AI focus
group for
agencies/organizations.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Agency /
Group /
Organization
Agency /
Group /
Organization
Type
What section of the Plan was
addressed by Consultation?
How was the
agency/group/
organization consulted?
What are the anticipated
outcomes of the
consultation or areas for
improved coordination?
Tulare
Lighthouse
Rescue
Mission
ServicesHousing;
ServicesHomeless;
ServicesEducation;
ServicesEmployment
Housing Need Assessment; Public
Housing Needs; Homeless Needs -
Chronically homeless; Homeless
Needs - Families with children;
Homelessness Needs – Veterans;
Homelessness Needs -
Unaccompanied youth; Homelessness
Strategy; Non-Homeless Special
Needs; HOPWA Strategy; Market
Analysis; Economic Development;
Lead-based Paint Strategy; Antipoverty Strategy
Responded to the
Agency/Organization
Consolidated Plan Survey.
Tulare City
School District
Other
governmentLocal
ServicesEducation
ServicesNarrowing the
Digital Divide
Housing Need Assessment; Public
Housing Needs; Homeless Needs -
Chronically homeless; Homeless
Needs - Families with children;
Homelessness Needs – Veterans;
Homelessness Needs -
Unaccompanied youth; Homelessness
Strategy; Non-Homeless Special
Needs; HOPWA Strategy; Market
Analysis; Economic Development;
Lead-based Paint Strategy; Antipoverty Strategy
Responded to the
Agency/Organization
Consolidated Plan Survey.
Housing
Authority of
Tulare County
(HATC)
Housing;
PHA
Public Housing Needs; Anti-poverty
Strategy
HATC was consulted and
provided information
related to public housing
needs.
Kings/Tulare
Homeless
Alliance
Housing;
Continuum of
Care
Homeless Needs - Chronically
homeless; Homeless Needs - Families
with children; Homelessness Needs –
Veterans; Homelessness Needs -
Unaccompanied youth; Homelessness
Strategy; Anti-poverty Strategy
The Alliance was
consulted and provided
information related to
homeless needs.
Altura Centers
for Health
ServicesHealth
Housing Need Assessment; Public
Housing Needs; Homelessness
Strategy
Responded to the
Agency/Organization AI
Survey.
Leadership
Counsel for
Justice &
Accountability
Regional
organization
Housing Need Assessment; Public
Housing Needs; Homelessness
Strategy
Participated in the AI focus
group for
agencies/organizations.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
County of
Tulare
Other
government –
County
Agency –
Emergency
Management
Agency –
Management of
Public Land
and Water
Resources
Services –
Broadband
Internet Service
Providers
Market Analysis; Economic
Development
Partnered with the City on
planning and coordination
for the regional hazard
mitigation plan.
The County was recently
awarded funding from the
State of California and is
working with the City of
Tulare and Comcast to
expand broadband
infrastructure and access
throughout the area.
Identify any Agency Types not consulted and provide rationale for not consulting The City promoted participation opportunities as widely as possible using all contacts at its disposal, including listservs, contact lists, and personal outreach from City officials; no agency was prevented or excluded from participating.
Describe other local/regional/state/federal planning efforts considered when preparing the Plan
Table 3: Agencies, groups, organizations who participated Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with
the goals of each plan?
Continuum of Care
Kings/Tulare
Homeless
Alliance
The Alliance conducts the regional and local Point-InTime Survey and strategic plan to end homelessness.
The City helps support the CoC goals by providing
CDBG funding for the CoC, as well as participating in
the CoC process. The City’s Strategic Plan will provide support to social services needs of the City’s residents with an emphasis on homeless.
City of Tulare Housing
Element (2023-2031) City of Tulare
Similar to the federal Analysis of Impediments to Fair
Housing Choice, the State of California-mandated
Housing Element identifies barriers to fair and affordable housing, as well as priorities and goals to increase the supply of housing.
City of Tulare Capital
Improvement Plan City of Tulare
This plan helped the City coordinate CDBG funding with
planned infrastructure projects that may be CDBGeligible.
Tulare County MultiJurisdictional Local Hazard
Mitigation Plan
County of
Tulare
This plan helped the City identify strategies to ensure access to affordable housing for LMI households living
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
in the areas of the City most vulnerable to natural
hazards.
Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l))
The Housing Authority of Tulare County and Kings/Tulare Homeless Alliance were contacted to obtain housing data. The City of Tulare’s Community Development Department is an active participant in many planning efforts and other community initiatives related to implementing the Consolidated Plan. The City’s General Services and Fire departments also partnered with the County of Tulare on planning and coordination for the County’s regional hazard mitigation plan.
Narrative (optional)
None
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
PR-15 Citizen Participation
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting.
The City implemented the following efforts to obtain a broad range of resident input during the preparation of the Consolidated Plan and FY 2025/26 Annual Action Plan:
Consolidated Plan Survey: An electronic survey instrument was utilized to obtain public input regarding priority housing and community needs. The survey was publicized and accessible on the City’s website and Instagram page. Flyers were posted at City Hall and email notices went to several listservs for organizations that assist low-income residents. Survey flyers were also included in utility billing mailers for the February 2025 billing cycle. A summary of survey results is incorporated into the Consolidated Plan as an appendix.
Focus Group: On February 5, 2025, the City held a focus group for public service organizations to provide feedback related to community needs and priorities for the Consolidated Plan.
Notices/Website: Notices for all public meetings, including the required public hearings, were published in a local newspaper of general circulation (Tulare Advance Register and Visalia Times Delta). Additionally, the Consolidated Plan and Annual Action Plan were posted on the City’s website for public review and comment, and hard copies were made available at the Tulare Public Library during the required 30-day public comment period.
Public Hearings: Consistent with HUD’s regulations and the City’s Citizen Participation Plan, the City held one public hearing during the development of the Consolidated Plan on January 15, 2025, prior to the 30-day public comment period. During the second 30-day public comment period, the City held a public hearing on May 20, 2025 to obtain comment input on the Consolidated Plan. The City held a final public hearing on June 3, 2025 to adopt the FY 2025/26- FY 2029/30 Consolidated Plan and FY 2025/26-2029/30 Annual Action Plan.
AI Activities: The City conducted separate outreach specific to its 2025-2029 Analysis of Impediments to Fair Housing Choice (AI). This included one additional survey addressing fair housing issues and a public workshop on January 8, 2025 targeting fair housing issues and reviewing AI details.
Narrative (optional):
None.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Table 4: Citizen Participation Outreach
Sort
Order
Mode of
Outreach Target of Outreach Summary of response / attendance Summary
of
comments
received
Summary of
comments
not accepted
& reason
URL (if
applicable
1 Public Meeting Non-targeted/broad
community
City staff made a presentation during a City Council
meeting called AI/Consolidated Plan 101 Info Session to summarize the consolidated planning process and
answer questions related to the process.
NA None NA
2 Public Workshop Non-targeted/broad
community
A public workshop was held at the City of Tulare Public Library on January 8, 2025 to gather input on community needs and potential fair housing issues in the City.
NA NA NA
3 Newspaper Ad Non-targeted/broad
community
A public notice advertising the community meeting on
January 15, 2025, was published in the Visalia Times
Delta and the Tulare Advance Register on Friday,
December 27, 2024.
NA NA NA
4 Public Hearing Non-targeted/broad
community
A public hearing was held on January 15, 2025 at the
City of Tulare Public Library to gather feedback on
community needs, priorities, and goals related to the
development of the Consolidated Plan.
There were
no public
comments
received.
NA NA
5 Internet Outreach Non-targeted/broad
community
Both English and Spanish flyers were created to
advertise the surveys; the flyers were physically posted in government buildings, included in utility bills due
during the month of February 2025 to roughly 20,000
households, and distributed to three organization
listservs on December 19, 2024 and January 13, 2025 –
the Tulare Chamber of Commerce listserv (over 1,000
stakeholders), the Kings/Tulare Homeless Alliance
(KTHA) listserv (over 300 stakeholders), and the
Community Care Coalition listserv (managed by the
Tulare County Health and Human Services Agency).
English and Spanish flyers were also created to
advertise the community meetings. A social media
posting on the City of Tulare’s Instagram page on
January 7, 2025 advertised the resident survey to the
public.
NA NA NA
6 Surveys Non-targeted/broad
community
Two surveys were launched – one for the Consolidated
Plan and one for the AI.
A summary
of survey
responses
is in the
Appendix
NA NA
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Sort
Order
Mode of
Outreach Target of Outreach Summary of response / attendance Summary
of
comments
received
Summary of
comments
not accepted
& reason
URL (if
applicable
7 Newspaper Ad Non-targeted/broad
community
A public notice advertising the first public comment
period from April 1, 2025 to May 1, 2025 and the public meeting on April 15, 2025, was published in the Visalia Times Delta and the Tulare Advance Register on
Thursday, March 28, 2025.
NA NA NA
8 Newspaper Ad Non-targeted/broad
community
A public notice advertising the public hearings on May
20, 2025 and June 3, 2025, and advertising the public
comment period from May 2, 2025 to June 2, 2025 was
published in the Visalia Times Delta and the Tulare
Advance Register on Friday, May 2, 2025.
NA NA NA
9 Public Meeting Non-targeted/broad
community
A public meeting was held at the City of Tulare Public
Library on April 8, 2025 to gather additional resident
feedback on Consolidated Plan goals and priorities.
There were
no public
comments
received.
NA NA
10 Public Hearing Non-targeted/broad
community
A public hearing was held at the City of Tulare Public
Library (Council Chambers) on May 20, 2025 to gather
feedback on the Consolidated Plan.
Councilme
mber noted
an interest
in sidewalk
improveme
nts.
NA NA
11 Public Hearing Non-targeted/broad
community
A public hearing was held at the City of Tulare Public
Library (Council Chambers) on June 3, 2025 to gather
feedback on the Consolidated Plan. Council approved
the Plan at this meeting.
There were
no public
comments
received.
NA NA
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Needs Assessment
NA-05 Overview
Needs Assessment Overview
The Needs Assessment provides a summary of Tulare’s needs related to affordable housing, special needs housing, community development, and homelessness. The Needs Assessment includes the following sections:
• Housing Needs Assessment
• Disproportionately Greater Need
• Public Housing
• Homeless Needs Assessment
• Non-Homeless Special Needs Assessment
• Non-Housing Community Development Needs
The Needs Assessment identifies those needs with the highest priority, which forms the basis for the Strategic Plan section and the programs and projects to be administered. Most data tables in this section are populated with most recent Comprehensive Housing Affordability Strategy (CHAS) data developed by the Census Bureau for HUD based on 2017-2021 American Community Survey (ACS) data. Other sources are noted throughout the Consolidated Plan.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
NA-10 Housing Needs Assessment - 24 CFR 91.205
(a,b,c)
Summary of Housing Needs
The City of Tulare continues to experience significant population growth. According to U.S.
Census Bureau data presented in Table 5, the City’s estimated population grew from 56,938 in 2010 to 69,984 in 2023, an increase of 22.9% during the 13-year period.
Household growth has almost kept pace with population. Over the same period, from 2010 to 2023, Tulare’s household estimates show an increase of 20.3%. Household size has stayed steady since 2010 when the average household size was 3.24 for owner-occupied units and 3.46 for renter-occupied units; and in 2023, the average household size was 3.28 for owner-occupied units and 3.55 for renter occupied units, according to the 5-year ACS estimates.
Tulare’s median income has significantly increased since 2010, from $46,647 to $69,517.
However, the percentage of low- and moderate-income households, those earning below 80% of the area median income (AMI), has grown slightly since 2010. According to 2006-2010 CHAS,
42.3% of households, or 7,205 households in 2010 were low- and moderate-income. In 2023, the amount of low- and moderate-income households grew to 8,370 or 43.3% of total households, as shown in Table 6: Number of Households.
Over a quarter of Tulare’s households had at least one-person aged 62 or older (26.7%). Also, over one quarter of Tulare’s households had one or more children 6 years and under (28.4%).
One fifth, or 21.7%, of households were large family households, meaning households with five or more people.
Table 5: Demographics
Jurisdiction 2010 2023 % Change
2010-2023
Population 56,938 69,984 22.9%
Households 17,047 20,511 20.3%
Median Income $46,647 $69,517 49.0%
Source: 2010 and 2023 5-Year ACS
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Table 6: Number of Households
Household Type 0-30%
HAMFI
30-50%
HAMFI
50-80%
HAMFI
80-100%
HAMFI
>100%
HAMFI
Total Households 2,300 2,270 3,800 2,550 8,410
Small Family Households 900 785 1,480 1,650 4,235
Large Family Households 270 495 1020 499 1,910
Household Contains at least oneperson aged 62-74 440 680 585 300 1,710 Household contains at least oneperson aged 75+ 305 124 390 125 505 Households with one or more
children aged 6 or younger 720 639 1,245 890 1,994
Source: 2017-2021 CHAS
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Housing Needs Summary Tables
1. Housing Problems (Households with one of the listed needs) Table 7: Housing Problems Table (1)
Renter Occupied
Household Type 0-30%
HAMFI
30-50% 50-80%
HAMFI
80-100% Total
HAMFI HAMFI
Substandard Housing-Lacking complete
plumbing or kitchen facilities 10 10 10 0 30
Severely Overcrowded - With >1.51
people per room (and complete kitchen
and plumbing)
140 220 375 140 875
Overcrowded - With 1.01-1.5
people per room (and none of the above
problems)
215 40 0 0 255
Housing cost burden greater than 50%
of income (and none of the above
problems)
1,000 340 120 0 1,460
Housing cost burden greater than 30%
of income (and none of the above
problems)
145 480 750 230 1,605
Zero/negative Income (and none of the
above problems) - - - - -
Owner Occupied
Substandard Housing-Lacking complete
plumbing or kitchen facilities 20 15 0 0 35
Severely Overcrowded - With >1.51
people per room (and complete kitchen
and plumbing)
10 35 225 100 370
Overcrowded - With 1.01-1.5
people per room (and none of the above
problems)
0 0 25 0 25
Housing cost burden greater than 50%
of income (and none of the above
problems)
390 370 225 15 1,000
Housing cost burden greater than 30%
of income (and none of the above
problems)
45 255 595 455 1,350
Zero/negative Income (and none of the
above problems) - - - - -
Source: 2017-2021 CHAS
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Table 8: Housing Problems (cont.)
Renter Occupied
Household Type 0-30%
HAMFI
30-50%
HAMFI
50-80%
HAMFI
80-100%
HAMFI Total
Having 1 or more of four housing
problems 1,510 1,090 1,250 375 4,225
Having none of four housing
problems 165 235 715 855 1,970
Household has negative income, but
none of the other housing problems 0 0 0 0 0
Owner Occupied
Having 1 or more of four housing
problems 460 675 1,075 565 2,775
Having none of four housing
problems 165 270 760 455 1,650
Household has negative income, but
none of the other housing problems 0 0 0 0 0
Source: 2017-2021 CHAS
3. Cost Burden > 30%
Table 9: Cost Burden > 30%
Renter Occupied
Household Type 0-30%
HAMFI
30-50%
HAMFI
50-80%
HAMFI Total
Elderly Family (2 persons, with either or both age
62 or over) 10 40 25 75
Small Family (2 persons, neither person 62 years
or over, or 3 or 4 persons) 65 205 470 740
Large Family (5 or more persons) 40 235 205 480
Elderly Non-Family 50 45 50 145
Other Household Type (non-elderly, non-family) 30 120 115 265 Total Need by Income 195 645 865 1,705
Owner Occupied
Elderly Family (2 persons, with either or both age
62 or over) 4 55 130 189
Small Family (2 persons, neither person 62 years
or over, or 3 or 4 persons) 0 140 305 445
Large Family (5 or more persons) 10 35 190 235
Elderly Non-Family 25 25 30 80
Other Household Type (non-elderly, non-family) 15 10 20 45 Total Need by Income 54 265 675 994
Source: 2017-2021 CHAS
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
4. Cost Burden > 50%
Table 10: Cost Burden > 50%
Renter Occupied
Household Type 0-30%
HAMFI
30-50%
HAMFI
50-80%
HAMFI Total
Elderly Family (2 persons, with either or both age
62 or over) 130 55 0 185
Small Family (2 persons, neither person 62 years
or over, or 3 or 4 persons) 680 155 55 890
Large Family (5 or more persons) 175 105 15 295
Elderly Non-Family 75 30 15 120
Other Household Type (non-elderly, non-family) 230 45 35 310 Total Need by Income 1,290 390 120 1,800
Owner Occupied
Elderly Family (2 persons, with either or both age
62 or over) 90 105 4 199
Small Family (2 persons, neither person 62 years
or over, or 3 or 4 persons) 95 75 145 315
Large Family (5 or more persons) 45 50 0 95
Elderly Non-Family 110 125 10 245
Other Household Type (non-elderly, non-family) 70 50 80 200 Total Need by Income 410 405 239 1,054
Source: 2017-2021 CHAS
5. Crowding (More than one person per room)
Table 11: Crowding Information 1-2 (More than one person per room) Renter Occupied
Household Type 0-30%
HAMFI
30-50% 50-80%
HAMFI
80-100%
HAMFI Total
HAMFI
Single Family Households 355 195 260 140 950
Multiple, unrelated family households 4 60 115 0 179
Other, non-family households 0 4 0 0 4
Total need by Income 359 259 375 140 1,133
Owner Occupied
Single Family Households 10 35 215 100 360
Multiple, unrelated family households 0 0 35 0 35
Other, non-family households 0 0 0 0 0
Total need by Income 10 35 250 100 395
Source: CHAS 2017-2021
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Table 12: Crowding Information 2-2
Renter Occupied
0-30%
HAMFI
30-50%
HAMFI
50-80%
HAMFI
80-100%
HAMFI Total
Households with Children Present 685 505 690 450 2,330
Owner Occupied
Households with Children Present 35 134 555 440 1,164
Source: CHAS 2017-2021
Describe the number and type of single person households in need of housing assistance.
According to the 2023 5-year ACS estimate (Table B11016), there were a total of 20,511 households in Tulare, of which 2,984 or 14.5% were single-person households. Of the estimated 21,514 total housing units, 1,302 units or 6.1% of the total units were studios and one-bedroom units, with the remaining 93.9% of housing units containing two or more bedrooms (Table DP04).
This disparity of almost 2,000 single-person households in excess of the number of studio and one-bedroom units may indicate that a significant number of individuals are unable to access the limited supply of housing units typically occupied by individuals living alone. These single-person households are either renting out larger units at a cost burden or living with unrelated roommates and reporting themselves as single-person households despite the presence of others in the same unit. Single-person households with low-income, especially those below 50% AMI are most likely to have housing problems due to their limited income.
Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault and stalking.
Disability is defined by the Census Bureau as a lasting physical, mental or emotional condition that makes it difficult for a person to do activities, to go outside the home alone or to work.
According to 2023 5-year ACS estimates (Table DP02), in the City of Tulare, there were a total of 8,126 individuals or 11.5% of the total population who had disabilities. Only 27.9% of residents over 16 years of age with a disability in Tulare were employed. The median earnings of Tulare residents with a disability was $25,476, which is much lower than the median income of all Tulare residents, at $37,178. Tulare residents with disabilities were also more likely to be in poverty compared to all Tulare residents, with 19.6% residents with disabilities below 100% of the poverty level compared to only 14.7% of Tulare residents below this level.
Based on the U.S. Center for Disease Control’s National Intimate Partner and Sexual Violence Survey (Average 2010-2012), in California 34.9% of women and 31.1% of men have been victimized by rape, physical violence, and/or stalking by an intimate partner. In Tulare, where the 2017 population of 62,296 is made up of 31,688 females and 30,608 males (Table DP05), these proportions equate to approximately 11,059 women and 9,519 men.
Particularly for women, being victims of domestic violence can make them vulnerable to homelessness and affordable or emergency housing options can mean the difference between staying in an abusive relationship and getting out.
Family Services of Tulare County, an agency that provides shelter for women and their children City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
seeking shelter from domestic violence or sexual abuse, reported sheltering 99 people at Karen’s House, a shelter for survivors of domestic violence and their children in 2023, according to the organization’s 2023 Annual Report. The organization also responded to 869 crisis calls for domestic violence in 2023. This shows that there is a need for housing and services to support residents impacted by domestic violence.
What are the most common housing problems?
Of households earning below 100% of the HAMFI, 4,225 renter households and 2,775 owner households have one or more housing problems. Renter households have a slightly higher rate of housing problems, 68.2%, than the rate of owner households with housing problems at 62.7%.
There are more renter households with housing problems compared to owner households.
The most prevalent housing problem facing households in Tulare, for both renter and owner households, is housing cost burden. The definition of an affordable home is one where the cost does not exceed 30% of the household’s gross monthly income. Housing cost burden occurs when a household pays over 30% of its gross monthly income on housing costs.
Of all Tulare households, there are approximately 7,065 that are housing cost burdened, which is
36.5% of all households in Tulare. For low- and moderate-income households (households earning below 80% of AMI), the proportion of households with cost burden is higher, at 68.1%.
This shows that lower-income households are more impacted by cost burden than higher income households.
As illustrated in Table 9: Cost Burden > 30%, there are twice as many low- and moderate-income renter households that have housing cost burden, meaning households that spend between 30- 50% of their income on housing, compared to owner households. The household type that makes up the largest portion of cost burdened households are Small Family Households (2 to 4 persons), which makes up almost half and Large Family Households (5 or more persons).
This is very similar for households with severe cost burden, which are households that spend more than 50% of their income on housing. According to Table 10: Cost Burden > 50%, there are almost twice as many low- and moderate-income renter households that have severe cost burden compared to owner households. Half of severely cost burdened renter households are categorized as Small Family, at 49.4%, followed by Large Family, at 16.4%, and Other Household Types (non-family, non-elderly), at 17.2%. For severely cost burdened owner-occupied households, there is a greater share of elderly household types, including Elderly Non-Family at
23.2% and Elderly Family at 19.0%.
A related but less common housing problem is overcrowding, which includes households that have more than one person per room. According to Table 11: Crowding Information 1-2 (More than one person per room), households considered to be overcrowded are much more likely to be renter households and Single-Family Households, which likely includes families with children.
Housing that is in substandard condition is also considered a housing problem. Table 7, Housing Problems shows that of the total households earning below 100% of the HAMFI in the city, and there were 65 households considered to be substandard. Substandard housing condition refers to the ability of various systems in a house to meet adopted building codes for health and safety, including lacking complete plumbing or kitchen facilities. Households living in substandard conditions are considered to be in need of housing assistance, even if they are not seeking alternative housing arrangements, due to the threat to residents’ health and safety that substandard housing poses.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Consultation efforts with local organizations also revealed a lack of accessibility features in many homes where these features are needed by residents, as well as ongoing needs for home repairs for low-income families in particular.
Are any populations/household types more affected than others by these problems?
Housing tenure and income are both linked to housing problems. As shown in Table 8: Housing Problems (cont.), renters are more likely than owners to live with one or more housing problems (lack of kitchen, lack of complete plumbing, overcrowding, and cost burden). Also, there are more lower income households that have one or more housing problems than higher income households, confirming that if a household has a lower income, they are more likely to have a housing problem.
As discussed previously, Small Family Households make up the largest share of cost burdened renter and owner households, as well as severely cost burdened renter households. There is a large portion of lower income, owner-occupied households with cost burdens and severe cost burdens that are categorized as Elderly Family and Non-Family Households. Overcrowding is much more of an issue for renter households, especially for Single Family households.
Describe the characteristics and needs of low-income individuals and families with children (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered
91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re-housing assistance and are nearing the termination of that assistance
Poverty is often associated with a high risk of becoming homeless. Households that depend on public assistance programs such as Social Security, SSI, CalFresh (food stamps), and CalWORKs (temporary assistance for needy families) are especially susceptible to homelessness. According to the 2023 5-year ACS data (Table S1701), it is estimated that 16.9% all people in Tulare live below the poverty level. In addition, there are 1,151 people with disabilities in Tulare that live in poverty (Table B23024).
Approximately, 15.1% of Tulare families live below the poverty level, with families that rent much more likely to have poverty status, as 29% of family renter households live below poverty compared to only 6.7% of family owner households (Table S1702). Based on information from the Housing Authority of Tulare County, there are 34,140 households on the waiting list for housing assistance in Tulare County, including housing vouchers, public housing, and project based rental assistance. The majority of these families, or 66.0%, are extremely low-income, earning below 30% AMI. Approximately 60.1% are families with children, 21.4% are families with a person with a disability, and 6.8% are elderly families.
If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at-risk group and the methodology used to generate the estimates:
Tulare does not have specific estimates of the at‐risk population beyond those available through the U.S. Census ACS data, and information provided by HATC.
Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
As outlined above, “at-risk” populations have been identified as households living in poverty, including seniors, individuals with disabilities, and families with children. The Housing Authority of Tulare County has indicated that there are 34,140 Tulare County households currently on the waitlist for rental assistance – 6.8% of these households are senior, 21.4% are disabled households, and 61.0% are families with children.
According to the National Alliance to End Homelessness, there are various factors that contribute to an increased risk of homelessness. Poverty and homelessness are inextricably linked, as extremely low-income people are frequently unable to pay for housing, food, childcare, health care, and education and must make difficult decisions related to their limited resources. Other major factors include lack of affordable health care, domestic violence, mental illness, and addiction.
Discussion
The key findings of this section include:
• The most prevalent housing problem facing households in Tulare is housing cost burden. • Over one-third (36.5%) of Tulare households are housing cost burdened, and more than two-thirds of low- and moderate-income households (68.1%) are cost burdened. • More renter households are impacted by housing problems, including housing cost burden and overcrowding.
• Small Family and Large Family Households are the largest household types impacted by cost burden, but there is a large share of owner-occupied elderly households that are cost burdened and severely cost burdened.
• It is estimated that 15.1% of all families and 16.9% of all people in Tulare lived below the poverty level.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
NA-15 Disproportionately Greater Need: Housing
Problems – 91.205 (b)(2)
Introduction
A key task of the Consolidated Plan is identification of racial or ethnic groups that may experience a disproportionately greater extent of housing problems in the community. A disproportionately greater need exists when the members of a racial or ethnic group at a given income level experience housing problems at a greater rate (percent change of 10 or more) than the income level as a whole.
As defined by HUD, the four housing problems are:
• Lacks complete kitchen facilities
• Lacks complete plumbing facilities
• More than one person per room
• Cost burden greater than 30%
The following tables identify the number and extent of housing problems by income level and by race/ethnicity.
Table 13: Housing Problems
0%-30% AMI
Racial/Ethnic makeup
Has one or more
of four housing
problems*
Household has
none of the four
housing problems
Percent of
Households
experiencing
housing problems
Jurisdiction as a whole 1,955 319 86.0%
White 620 160 79.5%
Black / African American 120 80 60.0%
Asian 80 0 100.0%
American Indian, Alaska
Native 0 0 0.0%
Pacific Islander 10 0 100.0%
Hispanic 1,125 155 87.9%
Source: CHAS 2017-2021
*The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30% City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Table 14: Housing Problems
30%-50% AMI
Racial/Ethnic makeup
Has one or more
of four housing
problems*
Household has
none of the four
housing problems
Percent of
Households
experiencing severe
housing problems
Jurisdiction as a whole 1,705 500 77.3%
White 475 225 67.9%
Black / African American 80 15 84.2%
Asian 0 0 0.0%
American Indian, Alaska
Native 20 20 50.0%
Pacific Islander 0 0 0.0%
Hispanic 1,130 240 82.5%
Source: CHAS 2017-2021
*The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30% Table 15: Housing Problems
50%-80% AMI
Racial/Ethnic makeup
Household has
one or more of
four housing
problems
Household has
none of the four
housing
problems
Percent of
Households
experiencing severe
housing problems
Jurisdiction as a whole 2,274 1370 62.4%
White 640 385 62.4%
Black / African American 45 0 100.0%
Asian 0 45 0.0%
American Indian, Alaska
Native 0 0 0.0%
Pacific Islander 4 0 100.0%
Hispanic 1,585 930 63.0%
Source: CHAS 2017-2021
*The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30% City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Table 16: Housing Problems
80%-100% AMI
Racial/Ethnic makeup
Household has
one or more of
four housing
problems
Household has
none of the
four housing
problems
Percent of
Households
experiencing severe
housing problems
Jurisdiction as a whole 945 1604 37.1%
White 205 675 23.3%
Black / African American 0 0 0.0%
Asian 0 4 0.0%
American Indian, Alaska
Native 10 0 0.0%
Pacific Islander 0 0 0.0%
Hispanic 730 870 45.6%
Source: CHAS 2017-2021
*The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30% Discussion
A disproportionately greater need exists when the members of one racial or ethnic group at a given income level experience housing problems at a rate of at least 10 percentage points greater than the income level as a whole.
Table 13 Disproportionally Greater Need 0 - 30% AMI, shows that 100% of Asian households and 100% of Pacific Islander households reported having one or more of the four housing problems, compared to only 86.0% of the income category as a whole.
Table 14 Disproportionally Greater Need 30 - 50% AMI, shows that in the 30-50% income category, none of the racial/ethnic groups reported having one or more housing problems that was 10% higher compared to 77.3% of the income category as a whole.
Table 15 Disproportionally Greater Need 50 - 80% AMI, shows that in the 50-80% income category, 100% of Black/African American households and 100% of Pacific Islander households reported having one or more of the four housing problems, compared to only 62.4% of the income category as a whole.
Table 16 Disproportionally Greater Need 80 - 100% AMI, shows that in the 80-100% income category, none of the racial/ethnic groups reported having one or more housing problems that was 10% higher compared to 37.1% of the income category as a whole.
In all other racial/ethnic groups in all other income categories, no disproportionately greater need was observed; i.e., the incidence of housing problems among the racial/ethnic group did not exceed that of the income level as a whole by at least 10 percentage points.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
NA-20 Disproportionately Greater Need: Severe
Housing Problems –91.205(b)(2)
Introduction
A disproportionately greater need exists when households in a given racial or ethnic group at a given income level experience severe housing problems at a greater rate (10 percentage points or more) than the households in that income level as a whole.
As defined by HUD, the four housing problems are:
• Lacks complete kitchen facilities
• Lacks complete plumbing facilities
• More than 1.5 person per room
• Cost burden greater than 50%
The following tables identify the number and extent of severe housing problems by income level and by race/ethnicity.
Table 17: Severe Housing Problems
0%-30% AMI
Racial/Ethnic makeup
Households
experiencing
severe housing
problems
Household has
none of the four
housing
problems
Percent of
Households
experiencing
severe housing
problems
Jurisdiction as a whole 1,770 505 77.8%
White 530 255 67.5%
Black / African American 110 10 91.7%
Asian 80 0 100.0%
American Indian, Alaska
Native 0 0 0.0%
Pacific Islander 10 0 100.0%
Hispanic 1,040 240 81.3%
Source: CHAS 2017-2021
*The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden greater than 50% City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Table 18: Severe Housing Problems
30%-50% AMI
Racial/Ethnic makeup
Households
experiencing
severe housing
problems
Household has
none of the four
housing
problems
Percent of
Households
experiencing
severe housing
problems
Jurisdiction as a whole 990 1,215 44.9%
White 295 405 42.1%
Black / African American 15 80 15.8%
Asian 0 0 0.0%
American Indian, Alaska
Native 20 20 50.0%
Pacific Islander 0 0 0.0%
Hispanic 660 710 48.2%
Source: CHAS 2017-2021
*The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden greater than 50% Table 19: Severe Housing Problems
50%-80% AMI
Racial/Ethnic makeup
Households
experiencing
severe housing
problems
Household has
none of the four
housing
problems
Percent of
Households
experiencing
severe housing
problems
Jurisdiction as a whole 985 2,674 26.9%
White 225 810 21.7%
Black / African American 25 35 41.7%
Asian 0 45 0.0%
American Indian, Alaska
Native 0 0 0.0%
Pacific Islander 0 4 0.0%
Hispanic 735 1,780 29.2%
Source: CHAS 2017-2021
*The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden greater than 50% City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Table 20: Severe Housing Problems
80%-100% AMI
Racial/Ethnic makeup
Households
experiencing
severe housing
problems
Household has
none of the four
housing
problems
Percent of
Households
experiencing
severe housing
problems
Jurisdiction as a whole 255 2,294 10.0%
White 35 845 4.0%
Black / African American 0 55 0.0%
Asian 0 4 0.0%
American Indian, Alaska
Native 0 10 0.0%
Pacific Islander 0 0 0.0%
Hispanic 220 1,380 13.8%
Source: CHAS 2017-2021
*The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden greater than 50% Discussion
A disproportionately greater need exists when the members of a racial or ethnic group at a given income level experience severe housing problems at a rate at least 10 percentage points greater than the income level as a whole.
Table 17 Severe Housing Problems 0 - 30% AMI, shows that in the 0-30% income category,
91.7% of Black/African American households, 100% of Asian households, and 100% of Pacific Islander households reported having one or more severe housing problems, compared to only
77.8% of the income category as a whole.
Table 18 Severe Housing Problems 30 - 50% AMI, shows that in the 30-50% income category, none of the racial/ethnic groups reported having one or more severe housing problems that was 10% higher compared to 44.9% of the income category as a whole.
Table 19 Severe Housing Problems 50 - 80% AMI, shows that in the 80-100% income category,
41.7% of Black / African American households reported having one or more severe housing problems, compared to only 26.9% of the income category as a whole.
Table 20 Severe Housing Problems 80 - 100% AMI, shows that in the 80-100% income category, none of the racial/ethnic groups reported having one or more severe housing problems that was 10% higher compared to 10.0% of the income category as a whole.
In all other racial/ethnic groups in all other income categories, no disproportionately greater need was observed; i.e., the incidence of severe housing problems among the racial/ethnic group did not exceed that of the income level as a whole by at least 10 percentage points.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
NA-25 Disproportionately Greater Need: Housing Cost
Burdens – 91.205 (b)(2)
Introduction
Housing cost burden is when a household’s cost of housing (including utility costs) exceeds 30% of the household gross income, and severe cost burden is when it exceeds 50% of the household gross income.
Housing Cost Burden
Table 21: Greater Need - Housing Cost Burdens AMI
Housing Cost
Burden <=30% 30-50% >50%
No /
negative
income (not
computed)
Cost
Burdened
Severely
Cost
Burdened
Jurisdiction as
a whole 12,075 4,189 2,870 204 21.7% 14.8%
White 4,940 1,090 950 110 15.4% 13.4%
Black / African
American 285 100 150 0 18.7% 28.0%
Asian 150 100 80 0 30.3% 24.2%
American
Indian, Alaska
Native
50 10 20 0 12.5% 25.0%
Pacific Islander 0 34 10 0 77.3% 22.7%
Hispanic 6,370 2,725 1,610 80 25.3% 14.9%
Source: CHAS 2017-2021
Discussion
A disproportionately greater need exists when the members of a racial or ethnic group experience a housing cost burden at a rate at least 10 percentage points greater than the income level as a whole.
Table 21: Greater Need - Housing Cost Burdens AMI, shows that 28.0% of Black/African American households had a cost burden of more than 50%, compared to only 14.8% of total households. Additionally, 77.3% of Pacific American households had a cost burden between 30 and 50%, compared to only 21.7% of total households.
In all other racial/ethnic groups no disproportionately greater need was observed; i.e., the incidence of a housing cost burden among the racial/ethnic group did not exceed that of the City as a whole by at least 10 percentage points
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
NA-30 Disproportionately Greater Need: Discussion –
91.205(b)(2)
Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole?
Yes. Please see discussions provided under specific needs by income group presented in previous sections. In summary, the following disproportionately greater needs exist:
Housing Problems
• 0-30% AMI:
o Asian households -- one or more housing problems
o Pacific Islander households – one or more housing problems o Black/African American households -- one or more housing problems • 30-50% AMI:
o Black/African American households -- one or more housing problems • 50-80% AMI:
o Black/African American households -- one or more housing problems o Pacific Islander households – one or more housing problems Severe Housing Problems
• 0-30% AMI:
o Asian -- one or more housing problems
o Pacific Islander households – one or more housing problems o Black/African American households -- one or more housing problems • 50-80% AMI:
o Black/African American households -- one or more housing problems Housing Cost Burden
• 50% cost burden (severely cost burdened):
o Black/African American households
o American Indian/Alaska Native households
• 30-50% cost burden (cost burdened):
o Pacific Islander households
If they have needs not identified above, what are those needs? No additional needs identified.
Are any of those racial or ethnic groups located in specific areas or neighborhoods in your community?
Hispanic residents live in census tracts all over the city, however there are more Hispanic households living in the west part of the city. White non-Hispanic residents are more likely to live in the northeast part of town; while Black and African American residents also tended to live in the northeast part of the city.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Consultation efforts also revealed a concentration of low-income, Latino populations in west Tulare; west Tulare also ranked as the highest need area in resident surveys.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
NA-35 Public Housing – 91.205(b)
Introduction
The Housing Authority of Tulare County (HATC) is a public agency chartered by the State of California to administer public housing programs for the City of Tulare and other participating jurisdictions within the county. HATC was created in 1945 and provides rental assistance to LMI households, elderly, disabled and special needs population throughout Tulare County. HATC administers a variety of housing assistance programs, such as, the Section 8 Housing Choice Voucher (HCV) program, conventional public housing program, farm labor program, senior housing program and other low-income housing opportunities.
In addition, HATC is a participant of HUD’s Moving to Work (MTW) demonstration program. MTW program clients either pay a fixed rent for public housing or receive a fixed subsidy for a voucher.
MTW participant’s assistance is terminated when a family’s income reaches 120% AMI or after five years in the program, whichever comes first. Since rents are not tied to income, MTW participants are able to keep the full amount of any extra earnings for the duration of the program.
MTW program gives participants the opportunity to save as their income rises, thus providing an incentive to seek employment or high paying jobs.
Totals in Use
Table 22: Program Type
Certificate ModRehab
Public
Housing
Section 8 Vouchers
Total
Project
Based
Vouchers
Tenant
Based
Vouchers
Special Purpose
VASH Family
Unification
Total Units /
Vouchers in
Use
0 0 199 564 21 533 10 199
Resident Characteristics
Average
Annual
Income
0 0 0 $35,190 $27,739 $36,028 $27,762 $9,148
Disabled
Families 0 0 0 54 210 1 205 4
Families
Requesting
Accessibility
Features
0 0 0 7 16 0 16 0
Source: Housing Authority of Tulare County
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Characteristics of Residents
Table 23: Characteristics of Public Housing Residents by Program Type Certificate ModRehab
Public
Housing
Section 8 Vouchers
Total
Project
Based
Vouchers
Tenant
Based
Vouchers
Special Purpose
VASH Family
Unification
Average
Annual
Income
0 0 $35,190 $27,740 $36,028 $27,762 $9,148 0
Average
Length of
Stay
0 0 5.38 3.66 3.76 3.71 0.87 0
Average
Household
Size
0 0 3 - 4 3 1 0
# Homeless
at Admission 0 0 0 28 0 23 5 0
# of Elderly
Program
Participants
(>62)
0 0 43 124 1 120 3 0
# of Disabled
Families 0 0 54 210 1 205 4 0
# of Families
Requesting
Accessibility
Features
0 0 7 16 0 16 0 0
# of HIV/AIDS
Program
Participants
n/a n/a n/a n/a n/a n/a n/a n/a
# of DV
Victims n/a n/a n/a n/a n/a n/a n/a n/a
Source: Housing Authority of Tulare County
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Race and Ethnicity of Residents
Table 24: Breakdown by Race
Certificate ModRehab
Public
Housing
Section 8 Vouchers
Total
Project
Based
Vouchers
Tenant
Based
Vouchers
Special Purpose
VASH Family
Unification
White 0 0 178 496 21 466 9 0
Black/African
American 0 0 11 56 0 55 1 0
Asian 0 0 5 6 0 6 0 0
American
Indian, Alaska
Native
0 0 2 2 0 2 0 0
Pacific Islander 0 0 3 4 0 4 0 0
Other 0 0 0 0 0 0 0 0
Hispanic 0 0 151 380 19 355 6 0
Non-Hispanic 0 0 48 184 2 178 4 0
Source: Housing Authority of Tulare County
Table 25: Demographics of HATC Waiting Lists
Housing Choice
Voucher - County
Public Housing
- Tulare
Project Based
Rental Assistance
Number of Families on Waiting List 14,973 13,404 5,763
Extremely Low Income (0-30% AMI) 9,856 9,075 3,600
Very Low Income (31-50% AMI) 3,329 2,766 1,399
Low Income (51-80% AMI) 1,272 1,130 569
Families with Children 8,303 7,787 4,708
Elderly Families 1,164 971 177
Families with Disabilities 3,575 2,884 861
Waiting List by Race
White 11,015 10,394 4,396
Black/African American 2,443 1,878 857
Asian 393 224 128
American Indian, Alaska Native 586 475 188
Pacific Islander 536 433 194
Waiting List by Ethnicity
Hispanic 8,941 8,193 3,655
Non-Hispanic 6,032 5,211 2,108
Source: Housing Authority of Tulare County
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Section 504 Needs Assessment: Describe the needs of public housing tenants and applicants on the waiting list for accessible units:
Section 504 of the Rehabilitation Act of 1973 protects all eligible residents from discrimination on the basis of their disabilities in any programs that receive federal financial assistance. For those that qualify for a HUD program, no one can be denied the right to participate or benefit from it on the basis of their disability. HATC currently has 54 families in public housing with household members with disabilities units within the City of Tulare. As accessible units become available, preference is given to applicants with physical disabilities. There are seven families requesting accessibility features.
As illustrated on Table 25, there are 14,973 families on the waiting list for housing choice vouchers in Tulare County with almost one-fourth (23.9%) of the families having a family member with a disability. Of the 13,404 families on the waitlist for public housing in Tulare, 21.5% are families with disabilities. Finally, there are 5,763 families waiting for Project Based Rental Assistance, and
14.9% of these are families with disabilities. There is a high percentage of disabled households on the waitlist for HATC assistance.
Most immediate needs of residents of Public Housing and Housing Choice voucher holders
As shown in Table 22: Program Type, according to the most recently available information from the Housing Authority of Tulare County, there are 763 households using public housing authority assistance in Tulare. Table 23, Characteristics of Public Housing Residents by Program Type, shows that there are a total of 167 households have a senior household member (>62 years) and 264 disabled families using public housing assistance. There are 24 households that have requested accessibility features. There are 28 voucher holders in Tulare that reported experiencing homelessness at admission.
Race/ethnicity of public housing residents is not reported exclusively; residents can identify with more than one race/ethnicity. According to Housing Authority of Tulare County data shown in Table 24, Race of Public Housing Residents by Program Type, Whites form the largest racial group among public housing residents, with 674 residents or 88.3% of participants. About 8.9% of the participants identify as Black/African American, about 1.5% Asian, and less than one percent as American Indian/Alaska Native or Pacific Islander. More than two-thirds (69.6%) of all participants identify as Hispanic. The average annual income for the public housing tenants was $35,190 and for Section 8 voucher holders is approximately $27,740 and the average length of stay was three years.
Immediate needs of public housing residents:
• Affordable housing
• Housing for seniors
• Housing for persons with disabilities
• Housing for families with children
How do these needs compare to the housing needs of the population at large Hispanic and Black/African American households are slightly overrepresented in households assisted by HATC. More than two-thirds (69.6%) of all HATC participants in Tulare identify as Hispanic, while Hispanic residents make up 64.9% of the Tulare population. Of those receiving HATC housing assistance 8.9% are Black/African American participants, while the population of Black/African American non-Hispanic is only 2.4%. This could be an indication that these racial and ethnic groups have lower incomes and need greater housing assistance.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Discussion
Households assisted by HATC have many of the same issues around housing affordability, just as other households in Tulare. As discussed in previous sections, households are facing cost burdens at a high rate. Those at lower income levels face cost burdens at an even higher rate.
This is illustrated by households being unable to find affordable units and needing public housing assistance, as the large number of families on the waitlist.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
NA-40 Homeless Needs Assessment – 91.205(c)
Introduction
The Kings/Tulare Homeless Alliance is the designated Continuum of Care (CoC) which is a community-based organization that develops a long-range plan for the needs of the homeless in Kings and Tulare Counties. To estimate the number of homeless in the Kings and Tulare Counties a Point-In-Time (PIT) survey was conducted on the night of January 22-23, 2024. The 2024 PIT is a count of sheltered and unsheltered homeless persons on a single night in January. It also provides general demographic information on the homeless population. In 2024 there were 302 homeless individuals across 279 households in Tulare.
Table 26: Homeless Needs Assessment
Estimate the # of
persons experiencing
homelessness on a
given night
Estimate the #
experiencing
homelessness
each year
Estimate
the #
becoming
homeless
each year
Estimate the #
exiting
homelessness
each year
Estimate the #
of days
persons
experience
Unsheltered Sheltered homelessness
Persons in
Households
with Adult(s)
and Child(ren)
42 54 1,908 656 170 96
Persons in
Households
with Only
Children
0 0 2 2 2 unknown
Persons in
Households
with Only Adults
973 191 2,829 1,961 375 99
Chronically
Homeless
Individuals
364 23 893 673 132 105
Chronically
Homeless
Families
unknown unknown 153 57 25 145
Veterans 58 8 110 73 27 91
Unaccompanied
Youth 38 35 unknown unknown unknown unknown
Persons with
HIV 10 1 47 22 6 unknown
Source: Kings/Tulare Homeless Alliance PIT 2024 Report, Tulare County; Kings United Way If data is not available for the categories "number of persons becoming and exiting homelessness each year," and "number of days that persons experience homelessness," describe these categories for each homeless population type (including chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth):
As indicated above, the 2024 PIT identified 302 homeless individuals in the City of Tulare, accounting for 23.9% of the County’s total homeless population. The PIT report demonstrated the following demographic breakdown among the homeless population:
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Chronic Homeless
A chronically homeless individual/family is typically defined as an unaccompanied individual or family living in an emergency shelter or is unsheltered, with a disabling condition, who has been continuously homeless for a year or more or has had at least four episodes of homelessness in the past three years. The 2024 PIT counted 387 chronically homeless individuals Tulare County.
Among the chronically homeless population, 114 individuals were reported in the City of Tulare.
Households with Children
In the City of Tulare, there were 6 homeless households with children recorded. These households had a total of 21 people.
Gender
Approximately 58% Tulare’s homeless population identified as male, accounting for 171 individuals. Additionally, 120 individuals identified as female, 2 individuals identified as non-binary, 1 individual identified as transgender, and 1 identified as a culturally specific identity.
Veterans and Their Families
Among Tulare’s homeless population, 14 individuals (5%) reported being veterans. No information is provided regarding veterans and their families.
Unaccompanied Youth
The 2024 PIT identified 11 unaccompanied youth and one parenting youth (up to age 24) among Tulare’s homeless population.
People with Disabilities
The PIT count indicated 127 individuals (42%) of the homeless population were living with a disabling condition. Among these individuals, 54 cited mental illness and 61 cited substance abuse as barriers to securing safe and stable housing.
HIV/AIDS
Only one individual was identified as having HIV or AIDS in the City of Tulare.
Other characteristics or sub-populations of the City of Tulare homeless identified in the 2024 PIT include the following:
• Hispanic persons accounted for 43% of Tulare’s homeless population, representing a 10- percentage point increase since the 2023 PIT count.
• 25 homeless individuals (9%) reported fleeing domestic violence. • Top three reasons for homelessness include: domestic argument (15% of the respondents), no affordable housing (13%), and unemployment (11%). Please note that "Other" reason represented 7% of all surveyed individuals.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Nature and Extent of Homelessness: (Optional)
Table 27: Homeless Needs Assessment
Tulare County
Unsheltered Sheltered
White 509 158
Black/African American 69 18
Asian 12 3
American Indian or Alaska Native 84 14
Pacific Islander 12 2
Ethnicity: Unsheltered Sheltered
Hispanic 425 143
Non-Hispanic 686 195
Source: Kings United Way
Note: Hispanic was considered a race category within the CoC's PIT Count Reporting and Clients can identify as more than one race. Not included in the table is 1 Sheltered and 2 Unsheltered Middle Eastern Clients, as well as 64 unsheltered Clients with unknown race.
Estimate the number and type of families in need of housing assistance for families with children and the families of veterans.
The 2024 PIT identified six homeless households with children and adults, 11 households with unaccompanied youth (age 18- 24), and 14 veterans among the City of Tulare’s homeless population.
Describe the Nature and Extent of Homelessness by Racial and Ethnic Group.
Among the 302 individuals experiencing homelessness who provided information about their race and ethnicity, the extent of homelessness by racial and ethnic groups is as follows:
• 45% identified as White
• 43% identified as Hispanic/Latino
• 14% identified as Black/African American
• 8% identified as American Indian/ Alaskan Native
• 4% were unknown
• 0.3% identified as Asian
• None of the surveyed individuals identified as Middle Eastern Describe the Nature and Extent of Unsheltered and Sheltered Homelessness.
The 2024 PIT identified 248 unsheltered individuals, which accounted for 82% of Tulare’s homeless population. Additionally, 54 sheltered individuals were reported with 24 receiving emergency shelter services and 30 in transitional housing.
Discussion
According to the 2024 Point in Time Count, 82% of people experiencing homelessness in Tulare are experiencing unsheltered homelessness. Black/African American individuals comprised 14% of the homeless population, a rate that was twice that of the county where only 7% of the homeless population identified as Black/African American. The share of Black/African American individuals among Tulare’s homeless population is disproportionate compared to 3.4% of the city-wide population. Individuals who identified as American Indian or Alaska Native were also overrepresented, accounting for 8% of the homeless population compared to only 2.7% in the City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
city. The PIT count data did not indicate any other race or ethnic groups as overrepresented in Tulare’s homeless population.
Other demographic groups who are disproportionately represented in Tulare’s homeless population include victims of domestic violence and individuals living with a disability. According to the PIT report, 71.4% of domestic violence victims experiencing homelessness in Tulare County are in the City of Tulare. Additionally, homeless individuals with a disability represent 42% of the homeless population compared to only 11.5% of the overall city population reported living with a disability.
Homelessness prevention activities were ranked as moderately high priority by residents in the resident survey, and homeless services were cited as a top ongoing need in the city by organizations during consultation efforts.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
NA-45 Non-Homeless Special Needs Assessment -
91.205 (b,d)
Introduction
Certain segments of the population experience conditions that make it difficult for them to access affordable housing. Physical or medical conditions, particular space or supportive service requirements, incomes, or other factors may impede a household’s ability to obtain decent and affordable housing. This section briefly describes the characteristics of the special needs population in Tulare.
Populations who are not homeless but have special needs consist of individuals who due to various reasons need services and/or supportive housing. Persons with special needs include, but are not limited to, the elderly, frail elderly, severe mentally ill, developmentally disabled, physically disabled, persons with alcohol or other drug addictions, persons with HIV/AIDS, and victims of domestic violence. The City of Tulare will consider allocating CDBG public service funding to various programs that provide services to those with special needs populations.
Describe the characteristics of special needs populations in your community:
According to the City of Tulare Housing Element, non-homeless special needs populations include:
• Elderly and frail elderly
• People with mental, physical, or developmental disabilities • Large households
• Female-headed households
• Extremely low-income residents
• Farmworkers
Elderly/Frail Elderly
The elderly are defined by HUD as a person who is 62 years and over. According to 2019-2023 ACS (Table DP05) data, Tulare had 6,653 people who were aged 62 years and over, accounting for 9.5% of the total population. Characteristics of this special needs population include limited mobility, increased medical attention due to health complications, and restricted fixed income, such as Social Security, pension programs and retirement income. While the 2013-2017 ACS (Table C18108) data does not show persons with disability aged 62 years and over, it does show that approximately 40% of the population aged 65 years and over (40.5%) had some type of disability. Additionally, 13.9% of residents over the age of 65 reported living in poverty, which is slightly higher than the city as a whole.
Table 28: Profile of Residents 62+
2010
Population
2023
Population
Percent Change
(2010-2023)
% with a
Disability (65+)
% in
Poverty
5,268 6,653 26.3% 40.5% 13.9%
Data Sources: 2010 and 2023 5-Year ACS
Persons with mental, physical, and/or developmental disabilities Based on the 2019-2023 ACS (Table DP02) data, the number of Tulare residents with some type of disability totaled 8,126 which represented 11.5% of the City’s total civilian non-institutionalized population. The U.S. Census Bureau classifies disabilities into the following categories:
• Hearing difficulty: Deaf or having serious difficulty hearing.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
• Vision difficulty: Blind or having serious difficulty seeing, even when wearing glasses. • Cognitive difficulty: Because of a physical, mental, or emotional problem, having difficulty remembering, concentrating, or making decisions.
• Ambulatory difficulty: Having serious difficulty walking or climbing stairs. • Self-care difficulty: Having difficulty bathing or dressing. • Independent living difficulty: Because of a physical, mental, or emotional problem, having difficulty doing errands alone such as visiting a doctor’s office or shopping.
Approximately 41.6% of individuals living with a disability in Tulare experience independent living difficult. Further, 2013-2017 ACS (Table B23024) data estimates that 9.6% of Tulare residents with disabilities reported an income below the poverty level, compared to 5.6 of able-bodied residents. Individuals with physical disabilities often face greater challenges in finding housing units that can reasonably accommodate their needs for special facilities. According to the county housing element, many residential units have doors that are too narrow for wheelchairs, lack structural bracing for handrails, or are designed to preclude the installation of access ramps. As of 2023, HATC has a housing inventory that includes 28 accessible housing units across 5 housing developments.
Table 29: Disability Type
Number Percent
Hearing Difficulty 2,467 3.5
Vision Difficulty 1,228 1.7
Cognitive Difficulty 3,068 4.7
Ambulatory Difficulty 3,958 6.1
Self-Care Difficulty 2,199 3.4
Independent Living Difficulty 3,386 7.0
Total Living with a Disability 8,126 11.5
Data Source: 2023 5-Year ACS
Large households
Tulare households are typically large with an average household size of 3.39 individuals, compared to 2.86 in the state of California. According to 2023 ACS 5-year estimates, Tulare has 5,502 large households, with 3,076 owner-occupied households and 2,426 being renter-occupied households. Current housing stock includes 4,589 units with four or more bedrooms. This indicates a 913-unit gap in housing stock to accommodate the number of large households in Tulare. Due to lack of large units in housing stock, large households are more likely to face housing problems related to overcrowding.
Female-headed households
In Tulare, there are 4,610 female-headed households without a spouse or partner present (Table B11012). Among these households, 36.8% were single person households, 33.9% had children under the age of 18, and 25.3% lived with relatives but did not have children under 18 years of age. Approximately 24.9% of female- headed households reported incomes below the poverty level; however, this demographic accounted for 49.8% of all Tulare households living below poverty level. In addition to access to affordable housing opportunities, female-headed households may require additional family resources, advocacy services, parenting education, and childcare services.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Extremely low-income residents
As discussed in NA-10, low- and moderate-income renter households are twice as likely to experience housing cost burden compared to owner households. Analyzing the intersection between special needs groups and extremely low-income households can offer a deeper insight into each population. Additionally, racial and ethnic minorities typically make up a disproportionate share of lower income households. These special needs groups are most likely to experience housing discrimination, despite laws that prohibit it. As discussed in NA-30, disproportionately greater need regarding housing problems exists for American Indian/ Alaska Native, Pacific Islander, and Black/African American households at various income levels.
Extremely low-income residents in need of housing assistance may receive support from HATC.
Extremely low-income residents may also need support through non-housing services such as those related to securing employment, food assistance, transportation, and healthcare.
Farmworkers
According to 2023 ACS 5-year estimates (Table C24050), there were 3,092 agriculture industry workers living in Tulare. HATC operates 50 farmworker housing units in the City of Tulare with an addition 206 units in Visalia. According to the City of Tulare housing element, farmworkers often face barriers to securing affordable housing due to language barriers. Farmworkers may often require supportive services in securing affordable housing that fits the needs of individuals in their occupation.
What are the housing and supportive service needs of these populations and how are these needs determined?
In addition to the data mentioned above, based upon stakeholder and community input, priority needs include:
Supportive Service Needs
• Anti-crime programs
• Domestic violence services
• Senior services and activities
• Job training/placement
• Youth services
• Childcare services
Housing Needs
• Senior housing
• Construction of affordable rental housing
• Preservation of historic homes
• Operations and repair of foreclosed property
• Emergency drop-in shelter
• Homeownership assistance and housing counseling
• Group homes/apartment complexes for people with disabilities impacting mobility Community and Economic Development
• Job creation, training, and retention
• Maintaining and/or cleaning up vacant lots
• Rehabilitating vacant or foreclosed properties
• Code enforcement/ nuisance lawsuits
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Discuss the size and characteristics of the population with HIV/AIDS and their families within the Eligible Metropolitan Statistical Area:
According to California Department of Public Health’s most recent California HIV Surveillance Report for 2022, there were approximately 45 persons newly diagnosed with HIV infection in Tulare County. A total of 596 people living with diagnosed HIV infections were reported in the county, accounting for 0.4% of the population. Approximately 74.9% of individuals living and diagnosed with HIV reported being actively in care or treatment. State averages indicate that cisgender men, Hispanic/Latino individuals, White individuals, and/or individuals over the age of 30, made up the largest portion of those living and diagnosed with HIV.
Discussion
As previously stated, special needs exist for:
• Elderly and frail elderly
• People with mental, physical, or developmental disabilities • Large households
• Female-headed households
• Extremely low-income residents
• Farmworkers
Special needs populations have unique housing needs and often require a combination of services. Case management and non-housing services are a crucial element of supportive housing and should be administered in addition to traditional housing services.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
NA-50 Non-Housing Community Development Needs –
91.215 (f)
Describe the jurisdiction’s need for Public Facilities:
Public facilities and public improvements include a variety of projects which may include all facilities and improvements that are publicly owned or that are owned by nonprofit and open to the general public.
Survey respondents indicated a high need for all types of public infrastructure improvement projects, which included parks and projects to make facilities more accessible for people with physical disabilities. In addition, survey results indicated the need for additional services like child care, senior services, mental health and health, and job training services were needed in the community. This indicates a need for the addition or improvement of public facilities that can offer additional or enhanced services to residents of Tulare.
How were these needs determined?
These needs were identified through public and stakeholder engagement, through the survey and discussions during the focus group. Survey respondents indicated a high priority need for additional services, which could include new or improved facilities to house those supportive services. This information is supported by community demographics, indicating that there are lower income families with children and households with special needs that may need additional services in multiple locations throughout Tulare.
Describe the jurisdiction’s need for Public Improvements:
The City’s needs for public improvements are guided by the Capital Improvement Program (CIP), a five-year plan approved by the City Council that allocates limited financial resources to high priority needs. When identifying new projects, staff consider the long-term priorities and direction set by City Council through strategic planning and the City’s Comprehensive Plan. Additionally, long-term studies and citizen input contribute to new requests. Staff submit formal requests through the annual budget process, where they analyze, discuss, and prioritize requests based on their alignment with documented need and City Council goals.
The most recent CIP for 2023/4-2027/8 is organized into eight sections covering various project types, including administration, parks, public safety, sewer/water, surface water, technology and equipment replacement, transportation, and water. Parks projects outlined in the CIP include:
• Elk Bayou soccer Parking Lots
• DX3 Irrigation Controller conversion
• Prosperity Sports Park Playground Equipment Replacement • Zumwalt Park Renovation Project
• K9 Bane Dog Park
• Alpine Property Improvements
Survey respondents indicated a high need for all types of public infrastructure improvement projects. Survey results indicated that transportation barriers prevented access to community amenities, facilities, and services, and highlighted a need for sidewalk improvements, transportation with reliable stops, and accessible parking. Survey respondents also demonstrated a preference for street and road infrastructure improvements.
The CIP outlines 25 transportation projects related to various public improvements such as City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
highway ramps, transportation studies, sidewalk improvements, street improvements, crossing improvements, and pavement management.
How were these needs determined?
As noted above, the City’s needs for public facilities are guided by the Capital Improvement Program (CIP). When identifying new projects, staff look to the long-term priorities and direction set by City Council through strategic planning, as well as the City’s Comprehensive Plan.
According to the CIP plan, Departments develop the CIP budget by first preparing a feasibility analysis of projects that includes all project phases through completion and close-out. Each project is designated a project manager and is subject to the adopted “Project Approval Criteria” ranking process.
Community public improvement needs were also determined based on results from the Consolidated Plan survey and the City's Capital Improvement Program (CIP). In addition, the City of Tulare has a Transportation Management Team that prioritizes projects based on funding availability and community need.
Describe the jurisdiction’s need for Public Services:
Survey respondents indicated a strong preference for services including domestic violence services, anti-crime programs, mental health services, senior services/activities, youth services, and job training/placement services. Respondents also indicated a moderate preference for substance abuse services, health services, and childcare services.
How were these needs determined?
Community public service needs were determined based on results from the Consolidated Plan survey, ACS data regarding the needs of various demographic/socioeconomic groups, consultation with stakeholders, including service providers, and public input.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan
Market Analysis
MA-05 Overview
Housing Market Analysis Overview
The purpose of the Market Analysis is to provide a clear picture of the environment in which the City will administer its CDBG programs over the term of the Consolidated Plan. The Market Analysis includes the following sections:
• Number of Housing Units, Cost of Housing, Condition of Housing • Public and Assisted Housing
• Homeless Facilities and Services
• Special Needs Facilities and Services
• Barriers to Affordable Housing
• Non-Housing Community Development Assets
• Needs and Market Analysis Discussion In conjunction with the Needs Assessment, the Market
This analysis provides the basis for the Strategic Plan and the programs and projects to be administered over the next five years. Most data tables in this section are populated with most recent Comprehensive Housing Affordability Strategy (CHAS) data developed by the Census Bureau for HUD based on 2017-2021 American Community Survey (ACS) data. Other sources are noted throughout the Consolidated Plan.
City of Tulare 2025-2029 Consolidated Plan and 2025 Annual Action Plan