Agenda packet — Tulare City Council, November 18, 2025

City of Tulare Page 1 of 4
Tulare Public Library & Council Chamber Tuesday, November 18, 2025 491 North M Street, Tulare CA 93274 5:30 p.m. Regular Meeting www.tulare.ca.gov
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Regular City Council meetings are held on the first and third Tuesdays of each month at the Council Chamber, located inside the Tulare Public Library, 491 North M Street, Tulare. Meetings are subject to cancellation. Additional meetings may be scheduled as needed.

Public Access and Participation
Meetings are open to the public and may be attended in person or viewed live online via the City of Tulare’s YouTube Channel. To provide public comment remotely, please call (559) 366-1849 during the designated Public Comment period. Note: There is a 20-second broadcast delay. If calling in, mute your viewing device to avoid feedback.

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

Those wishing to speak are encouraged to complete a Public Comment Card and submit it to the City Clerk prior to the start of the meeting.
• Comments are limited to three minutes per speaker, unless otherwise extended by the Council. • At the start of any agenda item, the mayor may limit the number of speakers or the time allotted per comment, depending on the number of participants and length of the agenda. • When called upon by the mayor, please approach the lectern, state your name and city of residence, and begin your comments.

Rules of Conduct
To maintain order and decorum, the following rules apply:
• All remarks must be directed to the City Council as a whole, not to individual members. • Only the Council and the person recognized to speak may engage in discussion unless authorized by the mayor.
• Questions to Councilmembers or City staff must be directed through the mayor. • Comments must remain on topic, except during the general Public Comment period. • Disruptive behavior (e.g., shouting, interrupting, or creating a disturbance) may result in removal from the meeting under Government Code Sections 54954.3 and 54957.95.

Accessibility
In compliance with the Americans with Disabilities Act (ADA), individuals who require modifications, accommodations, or auxiliary aids to participate in this meeting should contact the City Clerk’s Office at (559) 684-4200. Requests made at least 48 hours in advance will help ensure availability.

Additional Information
• Meeting agendas and related documents are available at www.tulare.ca.gov/agendas. • Copies are also available for public inspection at the City Clerk’s Office, City Hall, 411 E. Kern Avenue, Second Floor, during regular business hours.

City Councilmembers
Patrick Isherwood, Mayor
Steve Harrell, Vice Mayor
Jose Sigala
Terry A. Sayre
City Council Meeting Notice & Agenda Dennis A. Mederos
City Council Meeting Agenda Tuesday, November 18, 2025
City of Tulare Page 2 of 4

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Susan Henard, Pastor of River Valley Church, to deliver an invocation.

3. PROCLAMATIONS & RECOGNITIONS

3.1 Recognize Councilmember Mederos - San Joaquin College of Law Hall of Fame.

3.2 Recognize City Manager Mondell - Top 10 City Manager.

3.3 Recognize Flora Johnson.

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

5. PRESENTATIONS

5.1 Potential Business Park, Inland Port, and Matheny Tract Annexation.

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

7. COUNCIL REPORTS AND ITEMS OF INTEREST

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

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

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

8.2 Approval of City Council Meeting Minutes.

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

8.3 Lease Renewal with Union Pacific Railroad Company.

8.4 Economic Development Updates.

Recommended Action: Receive an update on economic development activities. [J. Gomez]

8.5 Notice of Completion – PK0037 K9 Bane Dog Park Project.

Recommended Action: Accept as complete the contract with Caliber Contracting Services Inc., of Fresno, CA, for work on Project PK0037 K9 Bane Dog Park, a park improvement project.

Authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller]

8.6 Purchase of Vehicles.

8.7 2025-26 Transportation Development Act Claim.

8.8 Initiate Proceedings for Formation of Landscape Maintenance District 2025-02.

8.9 Initiate Proceedings for Formation of Landscape Maintenance District 2025-03.

8.10 State Homeland Security Grant Program (SHSGP) FY24 Grant.

8.11 Employee Health Benefit Rates for Calendar Year 2026.

Recommended Action: Adopt a resolution establishing Employee Health Benefits Rates for Calendar Year 2026. [J. Venegas]

8.12 Request for Qualifications for Entertainment District Master Developer.

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

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

9.1 Commercial Cannabis Business Ordinance Revisions.

10. FUTURE AGENDA ITEMS

10.1 Discuss Assisting Amvets Post 56 in Moving the B-17 Bomber and F-4 Phantom to the North Side of the Mefford Hangar.

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

Submitted By: Vice Mayor Harrell

11. STAFF UPDATES

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

12.1 Conference with Legal Counsel - Existing Litigation (Gov. Code § 54956.9(d)(1)) Name of Case: VCU317197 Laborers International Union of North America Local 294 and People of the State of California, Ex Rel. Rob Bonta, Attorney General of the State of California v. City of Tulare

13. RECONVENE FROM CLOSED SESSION

14. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

15. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, December 2, 2025, at 5:30 p.m. in the Council Chamber, 491 North M Street, Tulare.

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

POSTED: Friday, November 14, 2025 Melissa Wilcox, Chief Deputy City Clerk Office of the City Manager
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
To: Mayor and City Councilmembers
From: Marc Mondell, City Manager
Subject: November 18, 2025 Agenda Memo
Date: November 14, 2025
Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress.

The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items, and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda memo. This may occur to best manage the time at a meeting or to adapt to the participation of the public.
5:30 p.m. Regular Meeting

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Susan Henard, Pastor of River Valley Church, to deliver an invocation.

3. PROCLAMATIONS & RECOGNITIONS [Time Estimate: 5:35 p.m.]

3.1 Recognize Councilmember Mederos - San Joaquin College of Law Hall of Fame.

3.2 Recognize City Manager Mondell - Top 10 City Manager.

3.3 Recognize Flora Johnson.

5. PRESENTATIONS [Time Estimate: 6:00 p.m.]

5.1 Potential Business Park, Inland Port, and Matheny Tract Annexation.

6. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council Meeting to be considered for this section of the agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 7:30 p.m.] Tulare City Council Meeting Page 2 of 12
Agenda Memo - November 18, 2025

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

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

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

8.2 Approval of City Council Meeting Minutes.

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

8.3 Lease Renewal with Union Pacific Railroad Company.

Recommended Action: Approve and authorize the City Manager to execute a lease agreement with Union Pacific Railroad Company for the continued use of the property at Tulare Avenue and I Street, currently occupied by the Women’s Clubhouse (88 W. Tulare Avenue), at an annual rent of $18,600 with a 3% compounded annual increase, for a one-year term commencing October 21, 2025, with automatic annual renewals thereafter. [M. Mondell] Summary: The City of Tulare has leased the subject property from Union Pacific Railroad Company since 1969. The site, located at 88 W. Tulare Avenue, is currently home to the City’s Women's Clubhouse. Staff is seeking approval to renew the lease agreement with Union Pacific Railroad Company for the continued use of this railroad-owned property. The lease is structured as a year-to-year lease for unimproved property.

Under the terms of the renewed lease:
• The City will continue to lease approximately 79,800 square feet of land, including a designated Beautification Area.
• The annual rent is set at $18,600, with a 3% annual compounded increase. • The lease allows for automatic renewal unless terminated by either party with 30 days’ written notice.
• The City is responsible for maintaining fencing, landscaping, and any improvements on the site, and must carry insurance as outlined in the agreement. • The lease includes provisions for environmental compliance, indemnification, and restoration of the site upon termination.

The City is currently working with Union Pacific to purchase the property through an act of Congress. The amended lease will be applicable if and until that action occurs.

Fiscal Impact & Funding Source(s): The lease agreement requires the City to pay an annual rent of $18,600, which will increase by 3% annually, compounded. The lease also allows Union Pacific to redetermine the rent no more than once every three years. All costs associated with maintenance, insurance, and any required improvements or environmental compliance will be borne by the City. Funding for the lease payments and associated obligations is included in the current General Services Department budget.

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.

Tulare City Council Meeting Page 3 of 12
Agenda Memo - November 18, 2025
Legal Review: This item does not require legal review.

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; or 3) Table.

8.4 Economic Development Updates.

Recommended Action: Receive an update on economic development activities. [J. Gomez] Summary: Attached is the October 2025 Economic Development Bulletin identifying activities and projects that took place in the previous month highlighting four elements of economic development.
• Building permits issued pertaining to residential and commercial improvements along with the total value of those improvements
• Business licenses that were issued for either new businesses, change of ownership, or businesses that failed to have a business license previously • Active projects that will have a sizeable impact on economic development • Site Plan Review projects that have been submitted to the City that could positively address commercial and residential needs
This is an informational item only and does not require any action by the City Council.

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

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: This item does not require legal review.

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; or 3) Table.

8.5 Notice of Completion – PK0037 K9 Bane Dog Park Project.

Recommended Action: Accept as complete the contract with Caliber Contracting Services Inc., of Fresno, CA, for work on Project PK0037 K9 Bane Dog Park, a park improvement project.

Authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller] Summary: Capital Improvement Project PK0037 developed a new dog park on the vacant, City-owned land along the north side of the Santa Fe Trail between N Street and O Street. The park features fencing, lighting, landscaping, and irrigation, street frontage enhancements, a parking lot, and a shade structure. This project was approved as part of the City’s 2023-2028 CIP program budget.

On May 21, 2024, the City Council awarded a contract to Caliber Contracting Services Inc., of Fresno, CA, in the amount of $1,287,000.

Tulare City Council Meeting Page 4 of 12
Agenda Memo - November 18, 2025
Fiscal Impact & Funding Source(s): The project was funded through a CDBG Grant and Park DIF Funds.

A summary of contract costs is as follows:

Deductions were applied to the reduction of quantities as specified in the original contract. It was determined to be in the best interest of the City to reduce quantities of unused materials from the initially specified amount, thereby reducing the City's costs.

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

PK0037-050-0601
390 – Park DIF Funds
077 – CDBG
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: This item does not require legal review.

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 - Should Council deny the request to accept as complete the contract with Caliber Contracting Services Inc., at this time, it will prevent the City from releasing payment of the retention amount owed $67,981.19 to the Contractor and prevent the City from filing a notice of completion with the County. Thus, postponing the start of the 1-year maintenance bond on the project. Without specific written findings justifying the delay in payment, the City could open itself up to litigation for damages caused by the delay; or 3) Table.

8.6 Purchase of Vehicles.

Recommended Action: Award the purchase of two new/unused 2026 Ford Police Interceptor Utility (K8A) AWD vehicles and two new/unused 2026 Ford F-150 trucks to National Auto Fleet Group of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $209,077.20. [T. Whitfield]
Summary: The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase two new/unused 2026 Ford Police Interceptor Utility vehicles in the amount of $115,405.32 and two new/unused 2026 Ford F-150 2WD Supercab trucks in the amount of $93,671.88 from National Auto Fleet Group.

Tulare City Council Meeting Page 5 of 12
Agenda Memo - November 18, 2025
The two new Ford PD Interceptors will replace the following units:

Police - Investigations Unit #3054 2014 Dodge Charger
Police – Patrol Unit #3133 2017 Ford PD Interceptor (wrecked) The two new Ford F-150 trucks will replace two Community Service Officer (CSO) units as follows:

Police – Patrol Unit #304 2012 Ford F-150
Police – Patrol Unit #358 2008 Chevrolet Silverado
The Investigations unit and CSO trucks were programmed in the FY 2025/26 Fleet Replacement budget. Patrol unit #3133 was severely damaged in a car accident and will be replaced by the new unit. The adopted Fleet Replacement budget includes funding for the replacement units and insurance proceeds will help cover the cost of the new interceptor.

Fiscal Impact & Funding Source(s): Here is the breakdown of cost for each unit and their associated budgets:

Unit being replaced Cost of New Unit Budget
Unit #3054 $57,702.66 $70,000
Unit #3133 (wrecked) $57,702.66 insurance
Unit #304 $46,835.94 $60,000
Unit #358 $46,835.94 $60,000
There will be a slight cost to upfit each unit with radios, lights, etc. but all are expected to remain within budget. The replacement vehicles were budgeted in Fund 605 for FY 2025/26.

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: This item does not require legal review.

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; or 3) Table.

8.7 2025-26 Transportation Development Act Claim.

Recommended Action: Adopt a resolution authorizing a Fiscal Year 2025-26 TDA claim by the Tulare County Regional Transit Agency in the amounts of $784,263.32 in State Transit Assistance and $1,992,820.23 in Local Transportation Funds, and $138,928.51 in State of Good Repair Apportionment “SGR” subject to the TCAG 2025 TDA Claims Manual and approving the City of Tulare’s claim of the remaining $1,715,280.17 in Local Transportation Funds, subject to the TCAG 2025 TDA Claims Manual. [M. Miller] Summary: The Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans.

Tulare City Council Meeting Page 6 of 12
Agenda Memo - November 18, 2025
TDA established two funding sources; the Local Transportation Fund (LTF), and the State Transit Assistance (STA) fund. Providing certain conditions are met, counties with a population under 500,000 (according to the 1970 federal census) may also use the LTF for local streets and roads, construction and maintenance. The STA funding can only be used for transportation planning and mass transportation purposes.
• LTF - Local Transportation Fund (LTF), is derived from a ¼ cent of the general sales tax collected statewide. The State Board of Equalization, based on sales tax collected in each county, returns the general sales tax revenues to each county’s LTF. Each county then apportions the LTF funds within the country based on population. • STA - The STA funds are appropriated by the legislature to the State Controller’s Office (SCO). The SCO then allocates the tax revenue, by formula, to planning agencies and other selected agencies. Statue requires that 50% of STA funds be allocated according to population and 50% be allocated according to transit operator revenues from the prior fiscal year. the Mills-Alquist-Deddeh Act ("Transportation Development Act" or "TDA"), Public Utilities Code Section 99200 et seq., makes certain retail sales tax revenues available to eligible claimants for public transportation projects and purposes.

For the fiscal year 2025-26, the City of Tulare is allocated an estimated $784,263.32 in State Transit Assistance ("STA") funds and $3,708,100.40 in Local Transportation Funds ("LTF") and $138,928.51 in State of Good Repair “SGR” funds. The Tulare County Association of Governments (TCAG) is responsible for the allocation of TDA funds to eligible claimants within the Tulare County region. To distribute these funds, TCAG requires a resolution from each local agency submitting claims for TDA funding.

During fiscal year 2025-26, the City of Tulare was a member agency of the Tulare County Regional Transit Agency ("TCRTA"). The TCRTA Joint Powers Agreement provides that the member agencies may authorize TCRTA to submit claims for its members' allocated TDA funds if unanimously approved by the directors present and voting at a meeting. TCRTA has submitted a claim for a portion of the City’s TDA allocations in the amount of $784,263.32 in State Transit Assistance and $1,992,820.23 in Local Transportation Funds, and $138,928.51 in State of Good Repair Apportionment “SGR” to support their operations that serve the City. Authorization by City Council resolution is required for TCRTA to receive the portion of the City’s FY 2025-26 TDA allocation they have requested.

There will be a remaining balance in the City’s Fiscal Year 2025-26 allocation of Local Transportation Funds in the amount of $1,715,280.17. Authorization by City Council resolution is required to claim this balance of LTF funds. Staff anticipates bringing a future agenda item to Council to determine how to utilize these funds.

A copy of the draft resolution providing Council’s direction regarding the distribution of the City’s Fiscal Year 2025-26 TDA funding allocation is attached.

Fiscal Impact & Funding Source(s): There is no immediate fiscal impact associated with this authorization. Upon successful claim and award of TDA funding, staff will return to the City Council for approval and appropriation of the funds.

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.

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Agenda Memo - November 18, 2025
Legal Review: This item does not require legal review.

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 - Denial would result in the loss of TDA funding allocated to the City for Fiscal Year 2025-2026; or 3) Table - Delay in the adoption of the subject resolution could jeopardize the RSTP funding allocation.

8.8 Initiate Proceedings for Formation of Landscape Maintenance District 2025-02.

Recommended Action: Adopt a resolution initiating proceedings for the formation of Landscape Maintenance District 2025-02 for the FNC Subdivision, and setting December 2, 2025, as the date for a public hearing regarding the same. [M. Miller] Summary: The Owners and Developers of the approved FNC Subdivision tentative subdivision maps have petitioned the City to establish an assessment district for their proposed development located at southeast corner of Prosperity Avenue and Morrison Street. This assessment district will provide for the following:
• maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas within the district boundaries, • supplemental maintenance of local streets within the district boundaries, • maintenance of a neighborhood park and associated appurtenances located within a common lot area within the district boundaries, and
• maintenance of storm water retention basin.

A public hearing is required, and it is requested to be set for December 2, 2025. Adoption of the attached resolution is the initial step in the formation of the assessment district. The resolution initiates the proceedings for the establishment of the district and sets December 2, 2025, as the date for a public hearing prior to Council’s consideration of finalizing the district formation.

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

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: This item does not require legal review.

Public Notice: A notice of public hearing will be published a minimum of 14 days prior to the proposed public hearing on December 2, 2025.

Alternative Action: 1) Approve with changes - Could delay the proposed development of the FNC Subdivision; 2) Deny - Would result in there being no mechanism for the assessment of fees to maintain landscaping and park improvements within the common lot areas of the FNC Subdivision. Additionally, there would be no supplemental maintenance provided for streets within the district boundaries; or 3) Table - Could delay the processing and approval of the pending FNC Subdivision final maps.

Tulare City Council Meeting Page 8 of 12
Agenda Memo - November 18, 2025

8.9 Initiate Proceedings for Formation of Landscape Maintenance District 2025-03.

Recommended Action: Adopt a resolution initiating proceedings for the formation of Landscape Maintenance District 2025-03 for the Valov, Lekkerkerker, and Fernandes Subdivisions, and setting December 2, 2025, as the date for a public hearing regarding the same. [M. Miller]
Summary: The Owners and Developers of the approved Valov, Lekkerkerker, and Fernandes tentative subdivision maps have petitioned the City to establish an assessment district for their proposed developments located in the vicinity of the northeast corner of Pratt Street and Paige Avenue. This assessment district will provide for the following:
• maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas within the district boundaries, • supplemental maintenance of local streets within the district boundaries, • maintenance of a neighborhood park and associated appurtenances located within a common lot area within the district boundaries, and
• maintenance and regulatory compliance associated with a storm water retention basin.

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

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: This item does not require legal review.

Public Notice: A notice of public hearing will be published a minimum of 14 days prior to the proposed public hearing on December 2, 2025.

Alternative Action: 1) Approve with changes - Could delay the proposed development of the Valov, Lekkerkerker, and Fernandes subdivisions; 2) Deny - Would result in there being no mechanism for the assessment of fees to maintain landscaping and park improvements within the common lot areas of the Valov, Lekkerkerker, and Fernandes subdivisions. Additionally, there would be no supplemental maintenance provided for streets within the district boundaries; or 3) Table - Could delay the processing and approval of the final subdivision maps of the pending Valov, Lekkerkerker, and Fernandes subdivisions.

8.10 State Homeland Security Grant Program (SHSGP) FY24 Grant.

Recommended Action: Adopt a resolution accepting receipt of Fiscal Year 2024 State Homeland Security Grant Program (SHSGP) from DHS in the amount of $20,080 and authorize an appropriation of $20,080 in Fund 306 Fire Department Grants Fund to purchase five mobile radios, including installation. [M. Ott]
Summary: Mobile radios are the radios the department utilizes in each response vehicle. They are critical to ensure communication between crews during emergency responses is seamless and consistent to enable coordinated efforts which aids in mitigation of hazards and safe lives.

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Agenda Memo - November 18, 2025
The department has been working to replace the existing mobile radios, some of which are approximately 20 years old. As this is an ongoing process, the department applied for this grant to help pay for this project. These radios need to be replaced as the current models have numerous technological failures and are costly to repair Fiscal Impact & Funding Source(s): The awarded amount was enough to pay for these radios as quoted at the time. The only potential out-of-pocket expenses for the City will be any increase in radio costs above what was quoted when we applied. Any additional funds required to complete the project above the grant reimbursement will come from General Fund Fire Department Communications Equipment appropriations.

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: This item does not require legal review.

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; or 3) Table. If this grant acceptance is not approved, the city will need to cover the cost of replacing these radios.

8.11 Employee Health Benefit Rates for Calendar Year 2026.

Recommended Action: Adopt a resolution establishing Employee Health Benefits Rates for Calendar Year 2026. [J. Venegas]
Summary: The City of Tulare utilizes a self-funded option for employee health benefits, providing greater control over health plan design and premium costs. A Health Insurance Committee comprised of representatives from all bargaining units and retirees meets quarterly to review plan utilization and financial performance. These meetings allow for an in-depth analysis of claims data and discussion of potential adjustments to ensure the continued stability and longevity of the City’s medical, dental, and vision plans.

In recent years, the costs associated with providing health coverage have continued to rise due to increasing medical expenses, pharmacy costs, and overall utilization trends. During its meeting on October 28, 2025, the Health Insurance Committee recommended a 3% increase to employee contributions. It is important to note that the City of Tulare has not implemented an employee contribution increase since 2017.

The Health Insurance Committee recognizes that maintaining the current contribution levels without adjustments could lead to more significant premium increases in the future. To help minimize that impact, a gradual increase approach has been recommended.

The proposed 2026 Employee Health Benefit Rates with the 3% increase are below:

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Agenda Memo - November 18, 2025
Option 1
$1,000
deductible
Option 2
$500
deductible
Option 3
$0
deductible
Option 4/ EPO
$0 deductible
Monthly Employee Cost
Employee Only $0.00 $25.75 $47.34 $25.75
Family Coverage $379.35 $526.87 $576.57 $513.21
Opt-Out $100.00
Additionally, retiree medical plan rates incur the same 3 % increase as active employees.

The proposed 2026 Retiree Health Benefit Rates with the 3% increase are below:

Option 1
$1,000
deductible
Option 2
$500 deductible
Option 3
$0 deductible
Option 4
$3,000
deductible
Option 5/EPO
$0 deductible
Pre-65 Monthly Retiree Cost
Retiree Only $1,196.45 $1,305.53 $1,363.57 $879.85 $1,468.03 Retiree +1 $2,389.13 $2,608.41 $2,724.52 $1,757.06 $3,227.36 Retiree Family $3,346.49 $3,653.50 $3,816.02 $2,461.59 $4,417.70 Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

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: This item does not require legal review.

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; or 3) Table. Should the proposed 2026 Health Benefit Plan Rates not be approved, the existing plan rates would be utilized for 2026.

8.12 Request for Qualifications for Entertainment District Master Developer.

Recommended Action: Approve the release of a Request for Qualifications (RFQ), prepared in coordination with Victus Advisors and City staff, to solicit a qualified Master Developer to design, construct, and lead the planning of the proposed Entertainment District. [G. Gonzalez] Summary: The City of Tulare is pursuing opportunities to enhance its retail and entertainment landscape by attracting large-scale retail, fine dining, and “eatertainment” venues that combine quality dining with interactive experiences. The City is also evaluating the development of a new sports and tournament complex aimed at generating year-round tourism and supporting sustained economic growth.

In August 2024, the City engaged Victus Advisors, a nationally recognized consulting firm specializing in sports, recreation, and entertainment market analysis, to conduct a market and Tulare City Council Meeting Page 11 of 12
Agenda Memo - November 18, 2025
economic feasibility study for a potential Entertainment District. The study focused on market demand, opportunity analysis, operating projections, and funding strategies.

In March 2025, Victus Advisors presented its findings to the City Council, identifying a strong local and regional market with nearly two million residents within a one-hour drive, as well as market support for youth sports tourism and “eatertainment” concepts. The analysis also highlighted the potential for complementary hotel, retail, and residential development.

Following the study, the City and Victus Advisors conducted additional financial analyses and identified up to 300 acres of privately-owned land in the southern area of the City, near the International Agri-Center, as a recommended site for the project. The team also refined funding strategies and engaged with developers to explore best practices for public-private partnerships (P3s). This work culminated in the preparation of a Request for Qualifications (RFQ) seeking a Master Developer to lead the design, construction, and lead the planning of the Entertainment District.

Fiscal Impact & Funding Source(s): There is no immediate fiscal impact associated with this action. City staff will return to Council with recommendations once a Master Developer has been selected.

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: This item does not require legal review.

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; or 3) Table.

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

9.1 Commercial Cannabis Business Ordinance Revisions.

Recommended Action: Pass-to-print an ordinance repealing and replacing Section 5.96.030 of Chapter 5.96 (Commercial Cannabis Businesses) of Title 5 of the Tulare Municipal Code related to commercial cannabis business operating hours. [T. Gaffery] Summary: Staff recently learned that the three commercial cannabis businesses (Businesses) are operating past the 8 p.m. limitation contained in the City’s current ordinance. State law allows for these Businesses to operate until 10 p.m., subject to local ordinances. Staff conducted a review of operating hours in other jurisdictions. In consultation with the Police Department, there are no concerns with allowing Businesses to operate until 10 p.m.

Additionally, it was requested to have a 6:00 a.m. opening time annually to accommodate Black Friday events.

Fiscal Impact & Funding Source(s): Extended operating hours will likely result in additional tax revenues.

Tulare City Council Meeting Page 12 of 12
Agenda Memo - November 18, 2025
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: This item does not require legal review.

Public Notice: A notice of public hearing was published in The Visalia Times Delta on November 5, 2025, which is at least ten days prior to the public hearing.

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

10. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 8:00 p.m.]

10.1 Discuss Assisting Amvets Post 56 in Moving the B-17 Bomber and F-4 Phantom to the North Side of the Mefford Hangar.

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

Submitted by: Vice Mayor Harrell

11. STAFF UPDATES [Time Estimate: 8:05 p.m.]

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 8:10 p.m.]

12.1 Conference with Legal Counsel - Existing Litigation (Gov. Code § 54956.9) Name of Case: VCU317197 Laborers International Union of North America Local 294 and People of the State of California, Ex Rel. Rob Bonta, Attorney General of the State of California v. City of Tulare

13. RECONVENE FROM CLOSED SESSION [Time Estimate: 8:40 p.m.]

14. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

15. ADJOURNMENT [Time Estimate: 8:40 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, December 2, 2025, at 5:30 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1 of 4

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, November 4, 2025
5:00 p.m. Special Meeting
5:30 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

COUNCIL PRESENT: Mayor Patrick Isherwood
Vice Mayor Steve Harrell
Councilmember Jose Sigala
Councilmember Terry A. Sayre
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Wilcox; Assistant City Manager Thomas W. Gaffery IV; Deputy City Manager/Chief Technology Officer Jason Bowling; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Chris Orr; Police Chief Fred Ynclan; Fire Chief Michael Ott; General Services Director Manny Correa; Community Development Director Mario Anaya; Executive Director of Economic Development & Redevelopment Jennifer Gomez; Human Resources Director Janie Venegas

1. CALL TO ORDER
Mayor Isherwood called to order the special meeting of the Tulare City Council at 5:00 p.m. in the Council Chamber located at 491 North M Street.

2. STUDY SESSION

2.1 Women’s Clubhouse, Senior Housing, and Downtown Redevelopment Project. City Manager Mondell provided a presentation for Council consideration. Following the presentation, Patty Rocha, representing the Board of Trustees for the Historical Museum, addressed the Council, providing alternatives to what was presented. Ms. Rocha also stated that the Board of Trustees is against demolishing the building. Alberto Aguilar, Tulare resident, expressed support for the ideas shared except for the Women’s Clubhouse due to being so close to the train tracks. Councilmember Sigala indicated a desire to have Council work with staff and the community to put together guiding principles indicating the need for more affordable housing. He also voiced interest in the cost of relocating the museum to a new location and a timeline for these projects moving forward.

Councilmember Sayre voiced interest in the cost of restoring the old library building. It was the consensus of Council to move forward with the recommendation to appoint Councilmembers Mederos and Sayre to work with staff and private parties to explore the possibility of partnering on the proposed projects.

3. ADJOURNMENT
Mayor Isherwood adjourned the special meeting at 6:02 p.m.

Item #: 8.2
Consent
City Council Meeting Minutes Tuesday, November 4, 2025
City of Tulare Page 2 of 4

4. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the Tulare City Council at 6:17 p.m. in the Council Chamber located at 491 North M Street.

5. PLEDGE OF ALLEGIANCE AND INVOCATION
Police Chief Ynclan led the Pledge of Allegiance, and an invocation was given by Brian Bell, Bishop for The Church of Jesus Christ of Latter-day Saints.

6. PUBLIC COMMENT
Barbara Harrell, Tulare Hospital Foundation President, shared information regarding the upcoming fundraising event.

Kaitlyn Jiacoma, Tulare resident, addressed the Council regarding various issues including Mulcahy Park maintenance, drug use and dealing in the community, and homelessness.

7. PRESENTATIONS

7.1 Adventist Health Annual Update. Tim Haydock provided an update on hospital operations.

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

9. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported on recent events and discussed items of interest. City Attorney Zamora, Assistant City Manager Gaffery, and Police Chief Ynclan provided an update on the ongoing group home issue.

10. CONSENT CALENDAR
Item 10.6 was removed from the Consent Calendar.

It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to approve the items on the Consent Calendar as presented except for item 10.6.

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

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

10.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meetings of October 21, 2025. [M. Wilcox]

10.3 Emergency Roof Repair at TBIZ.

Recommended Action: Approve the emergency roof repair work completed by A+ Roofing, for $70,500, at the City-owned building where TBIZ is located (425 E. Kern Avenue) due to active roof leaks compromising recently completed interior renovations; and authorize the City Manager to execute any documents necessary associated with said work. [P. Aranzazu]

10.4 Caltrans Matching Funds Application for FAA Pavement Management Project.

Recommended Action: Adopt a resolution authorizing the city manager, or designee, to submit an application, accept an allocation of funds, and execute a grant agreement with City Council Meeting Minutes Tuesday, November 4, 2025
City of Tulare Page 3 of 4
the California Department of Transportation (Caltrans) for an Airport Improvement Program (AIP) Matching Grant for the recently awarded FAA grant in the amount of $130,035 for the Pavement Management Project. [P. Aranzazu]

10.5 Notice of Completion – PK0033 Zumwalt Park Renovation Project.

Recommended Action: Accept as complete the contract with Caliber Contracting Services Inc., of Fresno, CA, for work on Project PK0033 – Zumwalt Park Renovation, a park improvement project at Zumwalt Park; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller]

10.7 Fiscal Year 2026 PC Replacement.

Recommended Action: Award the purchase of 66 desktops and 10 laptops for use across all departments to Dell Inc. using the State of California NASPO contract for a total of $98,466.01; and authorize a 5% contingency for maximum purchase price of $103,389.32. [J. Bowling]

10.8 CIP Project ST0007 – Annual Transportation Maintenance.

Recommended Action: Approve the revised project sheet and budget for CIP Project ST0007 – Annual Transportation Maintenance; and approve the appropriation of additional Gas Tax funding in the amounts of $253,000.47 for fiscal years 2026 thru 2028, and $220,904.07 for fiscal years 2029 and 2030. [M. Miller]

10.9 Right-of-Way Services for EN0105 Hwy 99 Widening Utility Relocations.

Recommended Action: Award and Authorize the City Manager to sign a contract related to City Project EN0105 – Hwy 99 Widening Utility Relocations with Paragon of Cypress, CA for right-of-way services in the amount of $15,550; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($1,555) of the contract award amount; and approve the revised project sheet. [M. Miller]

10.10 Contract for 2025 Citywide Speed Zone Study.

Recommended Action: Award and authorize the City Manager to sign a contract with Willdan Engineering of Fresno, CA for preparation of the 2025 Citywide Speed Zone Study in the amount of $89,080; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($8,908) of the contract award amount. [M. Miller]

10.11 Online Crime Reporting System (Versaterm).

Recommended Action: Award and authorize the City Manager, or designee, to enter into a three-year, sole source agreement with Versaterm Public Safety US, Inc. in the amount of $97,714.84 for an online crime reporting system; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($9,771) of the total contract amount; and approve a resolution to appropriate $50,000 from the Technology Reserve from General CIP Fund (Formally Fund 603 Technology CIP) to the Police Department operating account. [G. Merrill]

10.12 TPFA Management & Non-Management Side Letters.

Recommended Action: Approve a Side Letter of Agreement with the Tulare City Professional Fire Fighters Association Management and Non‐Management Bargaining Groups to modify the “Minimum Staffing” sections of their respective Memoranda of Understanding (“MOU”) and authorize the City Manager to execute said side letter. [T.

Gaffery]
City Council Meeting Minutes Tuesday, November 4, 2025
City of Tulare Page 4 of 4

10.13 Illegal Disposal Sites Abatement Grant.

Recommended Action: Adopt a resolution authorizing staff to submit an application for the Illegal Disposal Sites Abatement Grant Program FY 2025-26 Cycle 104. [M. Correa]

ITEM(S) PULLED FROM CONSENT CALENDAR

10.6 Citizens Option of Public Safety 2025/2026 Program Funds.

Recommended Action: Adopt a resolution approving the acceptance and appropriation of Citizens Option for Public Safety (COPS) 2024/2025 Program funds from the State of California in the amount of $109,333 to be used to fund one police officer position. [F.

Ynclan]
Council Action: Staff requested to pull this item from Consent Calendar due to a clerical error. Police Chief Ynclan advised that the amount provided on the staff report was incorrect and gave the correct amount of $111,564. It was moved by Vice Mayor Harrell, seconded by Councilmember Sigala, and unanimously carried to approve the item as amended with the correct amount of $111,564.

11. FUTURE AGENDA ITEMS - NONE SUBMITTED

12. STAFF UPDATES
Staff provided updates on department activities.

13. ADJOURNMENT
A moment of silence was held in remembrance of Flora Johnson.

Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 7:00 p.m.

This is to certify that the foregoing is a true and
correct copy of the minutes of the special and/or
regular meeting held on November 4, 2025, as
approved by the Tulare City Council.

Marc Mondell, City Clerk

By Melissa Wilcox, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: November 18, 2025
Department: City Manager
Submitted by: Marc Mondell, City Manager
Agenda Title: Lease Renewal with Union Pacific Railroad Company

RECOMMENDED ACTION
Approve and authorize the City Manager to execute a lease agreement with Union Pacific Railroad Company for the continued use of the property at Tulare Avenue and I Street, currently occupied by the Women’s Clubhouse (88 W. Tulare Avenue), at an annual rent of $18,600 with a 3% compounded annual increase, for a one-year term commencing October 21, 2025, with automatic annual renewals thereafter.

SUMMARY
The City of Tulare has leased the subject property from Union Pacific Railroad Company since 1969. The site, located at 88 W. Tulare Avenue, is currently home to the City’s Women's Clubhouse. Staff is seeking approval to renew the lease agreement with Union Pacific Railroad Company for the continued use of this railroad-owned property. The lease is structured as a year-to-year lease for unimproved property.

Under the terms of the renewed lease:
• The City will continue to lease approximately 79,800 square feet of land, including a designated Beautification Area.
• The annual rent is set at $18,600, with a 3% annual compounded increase. • The lease allows for automatic renewal unless terminated by either party with 30 days’ written notice.
• The City is responsible for maintaining fencing, landscaping, and any improvements on the site, and must carry insurance as outlined in the agreement.
• The lease includes provisions for environmental compliance, indemnification, and restoration of the site upon termination.

The City is currently working with Union Pacific to purchase the property through an act of Congress. The amended lease will be applicable if and until that action occurs.

FISCAL IMPACT & FUNDING SOURCES
The lease agreement requires the City to pay an annual rent of $18,600, which will increase by 3% annually, compounded. The lease also allows Union Pacific to redetermine the rent no more than once every three years. All costs associated with maintenance, insurance, and any required improvements or environmental compliance will be borne by the City. Funding for the lease payments and associated obligations is included in the current General Services Department budget.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

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

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

Item #: 8.3
Consent

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Lease Agreement
Reviewed/Approved:

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Industrial Lease (Year To Year) 09-01-06 Project No. 0252658 (Unimproved Property)
Form Approved, Law

LEASE OF PROPERTY
(LEASE - UNIMPROVED - YEAR TO YEAR)
THIS LEASE (“Lease”) is entered into on _____________________, between UNION PACIFIC RAILROAD COMPANY (“Lessor”) and the CITY OF TULARE, a California municipal corporation, whose address is 411 East Kern Avenue, Tulare, California 93274 (“Lessee”).

IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:

Article 1. PREMISES; USE.

Lessor leases to Lessee and Lessee leases from Lessor the premises (“Premises”) at Tulare, California, shown on the print dated January 23, 2025, marked Exhibit A, hereto attached and made a part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a part hereof. The Premises may be used for a Lessee owned building, landscaping, fencing, and Beautification Area, and purposes incidental thereto, only, and for no other purpose. The Beautification Area, as shown on Exhibit A, may only be used for maintenance, vegetation control, installation of a fence, and access for design of a proposed paved parking lot, and for no other purpose. Any proposed change in use of the Beautification Area by Lessee must be preapproved by Lessor pursuant to Section 10 of Exhibit B.

Article 2. TERM.

The term of this Lease shall commence October 21, 2025 (“Commencement Date”), and, unless sooner terminated as provided in this Lease, shall extend for one year and thereafter shall automatically be extended from year to year.

Article 3. FIXED RENT.

A. Lessee shall pay to Lessor, in advance, fixed rent of Eighteen Thousand Six Hundred Dollars ($18,600.00) per year. The rent shall be automatically increased by three percent (3.0%) per year, cumulative and compounded.

B. Not more than once every three (3) years, but not before three (3) years after the Commencement Date, Lessor may redetermine the rent. In the event that Lessor does redetermine the rent, Lessor shall notify Lessee of such change.

Article 4. REPLACEMENT LEASE.

Effective upon commencement of the term of this Lease, the Lease dated November 6, 1969, identified in Lessor’s records as Audit No. S161787 and Project No. 0252658 (the ‘Prior Lease’), together with any and all supplements and amendments, is superseded by this Lease, except for any rights, obligations or liabilities arising under the Prior Lease, including any consent to conditional assignment, chattel agreement, or consent to sublease.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 5. FENCE/BARRICADE.

Lessee, at Lessee's sole cost and expense, shall construct and maintain, at all times during the term of this Lease, a fence/barricade of a design satisfactory to Lessor, along the east boundary of the Premises.

Article 6. WARRANTY OF IMPROVEMENTS
A. Lessee hereby warrants that Lessee is the lawful owner of all the right, title and interest in and to any and all improvements located upon the Premises. Such improvements include, but are not limited to a building, landscaping, and fencing.

B. Lessee assumes all obligations under this Lease with respect to the improvements, including the removal of the improvements upon the expiration or termination of this Lease at Lessee's sole cost and expense.

Article 7. INSURANCE.

A. Throughout the entire term of this Lease, Lessee shall maintain the insurance coverage required under Exhibit C hereto attached and made a part hereof.

B. Not more frequently than once every two years, Lessor may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.

C. Upon request of Lessor, Lessee shall provide to Lessor a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit C.

D. All insurance correspondence shall be directed to: Real Estate Department, 1400 Douglas Street STOP 1690, Omaha, Nebraska 68179-1690, Project No. 0252658.

IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first herein written.

Lessor: Lessee:

UNION PACIFIC RAILROAD COMPANY CITY OF TULARE
By: ________________________________ By: _________________________________ Daniel Parker
Director - Real Estate Printed Name: ________________________ Title: _______________________________

BEAUTIFICATION AREA
(not included in rent calculation)
LEASE AREA (456' x 175') = 79,800 SF +/-
BEAUTIFICATION AREA (284' x 175') = 49,700 SF +/-
NET USABLE LEASE AREA (172' x 175') = 30,100 SF +/-
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Industrial Lease (Year To Year) 09-01-06
(Unimproved Property)
Form Approved, Law

EXHIBIT B
TO

LEASE (UNIMPROVED YEAR TO YEAR)
Section 1. IMPROVEMENTS.

No improvements placed upon the Premises by Lessee shall become a part of the realty.

Section 2. RESERVATIONS, TITLE AND PRIOR RIGHTS.

A. Lessor reserves to itself, its agents and contractors, the right to enter the Premises at such times as will not unreasonably interfere with Lessee's use of the Premises.

B. Lessor reserves (i) the exclusive right to permit third party placement of advertising signs on the Premises, and (ii) the right to construct, maintain and operate new and existing facilities (including, without limitation, trackage, fences, communication facilities, roadways and utilities) upon, over, across or under the Premises, and to grant to others such rights, provided that Lessee's use of the Premises is not interfered with unreasonably.

C. Lessee acknowledges that Lessor makes no representations or warranties, express or implied, concerning the title to the Premises, and that the rights granted to Lessee under this Lease do not extend beyond such right, title or interest as Lessor may have in and to the Premises. Without limitation of the foregoing, this Lease is made subject to all outstanding rights, whether or not of record.

Lessor reserves the right to renew any such outstanding rights granted by Lessor or Lessor's predecessors.

D. Without limitation of Subparagraphs B. and C. above, Lessee shall not interfere in any manner with the use or operation of any signboards now or hereafter placed on the Premises or with any property uses in connection with such signboards (such as, by way of example and not in limitation, roadways providing access to such signboards). In no event may Lessee construct on the Premises any improvements that interfere in any manner with the visibility or operation of any signboards now or hereafter on the Premises or on property in proximity to the Premises.

Section 3. PAYMENT OF RENT.

Rent (which includes the fixed advance rent and all other amounts to be paid by Lessee under this Lease) shall be paid in lawful money of the United States of America, at such place as shall be designated by the Lessor, and without offset or deduction.

Section 4. TAXES AND ASSESSMENTS.

A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this Lease on all personal property and improvements on the Premises not belonging to Lessor. If such taxes are paid by Lessor, either separately or as a part of the levy on Lessor's real property, Lessee shall reimburse Lessor in full within thirty (30) days after rendition of Lessor's bill.

B. If the Premises are specially assessed for public improvements, the annual rent will be automatically increased by 12% of the full assessment amount.

Section 5. WATER RIGHTS.

This Lease does not include any right to the use of water under any water right of Lessor, or to establish any water rights except in the name of Lessor.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 6. CARE AND USE OF PREMISES.

A. Lessee shall use reasonable care and caution against damage or destruction to the Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or property. Lessee shall keep the sidewalks and public ways on the Premises, and the walkways appurtenant to any railroad spur track(s) on or serving the Premises, free and clear from any substance which might create a hazard.

B. Lessee shall not permit any sign on the Premises, except signs relating to Lessee's business.

C. If any improvement on the Premises other than the Lessor Improvements is damaged or destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such casualty, remove all debris resulting therefrom. If Lessee fails to do so, Lessor may remove such debris, and Lessee agrees to reimburse Lessor for all expenses incurred within thirty (30) days after rendition of Lessor's bill.

D. Lessee shall comply with all governmental laws, ordinances, rules, regulations and orders relating to Lessee's use of the Premises and this Lease, including, without limitation, any requirements for subdividing or platting the Premises.

Section 7. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES.

A. Without the prior written consent of Lessor, Lessee shall not use or permit the use of the Premises for the generation, use, treatment, manufacture, production, storage or recycling of any Hazardous Substances, except that Lessee may use, if lawful, small quantities of common chemicals such as adhesives, lubricants and cleaning fluids in order to conduct business at the Premises. The consent of Lessor may be withheld by Lessor for any reason whatsoever, and may be subject to conditions in addition to those set forth below. It shall be the sole responsibility of Lessee to determine whether or not a contemplated use of the Premises is a Hazardous Substance use.

B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous Substances, (ii) bring any hazardous wastes as defined in RCRA onto the Premises, (iii) install or use on the Premises any underground storage tanks, or (iv) store any Hazardous Substances within one hundred feet (100') of the center line of any main track.

C. If Lessee uses or permits the use of the Premises for a Hazardous Substance use, with or without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers and notices issued by governmental agencies in connection with such Hazardous Substance use, together with such other information on the Hazardous Substance use as may be requested by Lessor.

If requested by Lessor, Lessee shall cause to be performed an environmental assessment of the Premises upon termination of the Lease and shall furnish Lessor a copy of such report, at Lessee's sole cost and expense.

D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any manner to any Hazardous Substance use of the Premises (or any property in proximity to the Premises) during the term of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of Lessor's consent to such use or any negligence, misconduct or strict liability of any Indemnified Party (as defined in Section 12), and including, without limitation, (i) any diminution in the value of the Premises and/or any adjacent property of any of the Indemnified Parties, and (ii) the cost and expense of clean-up, restoration, containment, remediation, decontamination, removal, investigation, monitoring, closure or post-closure. Notwithstanding the foregoing, Lessee shall not be responsible for Hazardous Substances (i) existing on, in or under the Premises prior to the earlier to occur of the commencement of the term Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 of the Lease or Lessee's taking occupancy of the Premises, or (ii) migrating from adjacent property not controlled by Lessee, or (iii) placed on, in or under the Premises by any of the Indemnified Parties; except where the Hazardous Substance is discovered by, or the contamination is exacerbated by, any excavation or investigation undertaken by or at the behest of Lessee. Lessee shall have the burden of proving by a preponderance of the evidence that any of the foregoing exceptions to Lessee's responsibility for Hazardous Substances applies.

E. In addition to the other rights and remedies of Lessor under this Lease or as may be provided by law, if Lessor reasonably determines that the Premises may have been used during the term of this Lease or any prior lease with Lessee for all or any portion of the Premises, or are being used for any Hazardous Substance use, with or without Lessor's consent thereto, and that a release or other contamination may have occurred, Lessor may, at its election and at any time during the life of this Lease or thereafter (i) cause the Premises and/or any adjacent premises of Lessor to be tested, investigated, or monitored for the presence of any Hazardous Substance, (ii) cause any Hazardous Substance to be removed from the Premises and any adjacent lands of Lessor, (iii) cause to be performed any restoration of the Premises and any adjacent lands of Lessor, and (iv) cause to be performed any remediation of, or response to, the environmental condition of the Premises and the adjacent lands of Lessor, as Lessor reasonably may deem necessary or desirable, and the cost and expense thereof shall be reimbursed by Lessee to Lessor within thirty (30) days after rendition of Lessor's bill. In addition, Lessor may, at its election, require Lessee, at Lessee's sole cost and expense, to perform such work, in which event, Lessee shall promptly commence to perform and thereafter diligently prosecute to completion such work, using one or more contractors and a supervising consulting engineer approved in advance by Lessor.

F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i) those substances included within the definitions of "hazardous substance", "pollutant", "contaminant", or "hazardous waste", in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seq., as amended or in RCRA, the regulations promulgated pursuant to either such Act, or state laws and regulations similar to or promulgated pursuant to either such Act, (ii) any material, waste or substance which is (A) petroleum, (B) asbestos, (C) flammable or explosive, or (D) radioactive; and (iii) such other substances, materials and wastes which are or become regulated or classified as hazardous or toxic under any existing or future federal, state or local law.

Section 8. UTILITIES.

A. Lessee will arrange and pay for all utilities and services supplied to the Premises or to Lessee.

B. All utilities and services will be separately metered to Lessee. If not separately metered, Lessee shall pay its proportionate share as reasonably determined by Lessor.

Section 9. LIENS.

Lessee shall not allow any liens to attach to the Premises for any services, labor or materials furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have the right to discharge any such liens at Lessee's expense.

Section 10. ALTERATIONS AND IMPROVEMENTS; CLEARANCES.

A. No alterations, improvements or installations may be made on the Premises without the prior consent of Lessor. Such consent, if given, shall be subject to the needs and requirements of the Lessor in the operation of its Railroad and to such other conditions as Lessor determines to impose. In all events such consent shall be conditioned upon strict conformance with all applicable governmental requirements and Lessor's then-current clearance standards.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 B. All alterations, improvements or installations shall be at Lessee's sole cost and expense.

C. Lessee shall comply with Lessor's then-current clearance standards, except (i) where to do so would cause Lessee to violate an applicable governmental requirement, or (ii) for any improvement or device in place prior to Lessee taking possession of the Premises if such improvement or device complied with Lessor's clearance standards at the time of its installation.

D. Any actual or implied knowledge of Lessor of a violation of the clearance requirements of this Lease or of any governmental requirements shall not relieve Lessee of the obligation to comply with such requirements, nor shall any consent of Lessor be deemed to be a representation of such compliance.

Section 11. AS-IS.

Lessee accepts the Premises in its present condition with all faults, whether patent or latent, and without warranties or covenants, express or implied. Lessee acknowledges that Lessor shall have no duty to maintain, repair or improve the Premises.

Section 12. RELEASE AND INDEMNITY.

A. As a material part of the consideration for this Lease, Lessee, to the extent it may lawfully do so, waives and releases any and all claims against Lessor for, and agrees to indemnify, defend and hold harmless Lessor, its affiliates, and its and their officers, agents and employees ("Indemnified Parties") from and against, any loss, damage (including, without limitation, punitive or consequential damages), injury, liability, claim, demand, cost or expense (including, without limitation, attorneys' fees and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, Lessor, Lessee, or any employee of Lessor or Lessee) (i) for personal injury or property damage caused to any person while on or about the Premises, or (ii) arising from or related to any use of the Premises by Lessee or any invitee or licensee of Lessee, any act or omission of Lessee, its officers, agents, employees, licensees or invitees, or any breach of this Lease by Lessee.

B. The foregoing release and indemnity shall apply regardless of any negligence, misconduct or strict liability of any Indemnified Party, except that the indemnity, only, shall not apply to any Loss determined by final order of a court of competent jurisdiction to have been caused by the sole active direct negligence of any Indemnified Party.

C. Where applicable to the Loss, the liability provisions of any contract between Lessor and Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss and shall supersede the provisions of this Section 12.

D. No provision of this Lease with respect to insurance shall limit the extent of the release and indemnity provisions of this Section 12.

Section 13. TERMINATION.

A. Lessor may terminate this Lease for Lessee's default by giving Lessee notice of termination, if Lessee (i) defaults under any obligation of Lessee under this Lease and, after written notice is given by Lessor to Lessee specifying the default, Lessee fails either to immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty (30) days after the default notice is given, or (ii) Lessee abandons the Premises for a period of one hundred twenty (120) consecutive days.

B. Notwithstanding the terms of this Lease set forth in Article II, Lessor or Lessee may terminate this Lease without cause upon thirty (30) day’s written notice to the other party; provided, however, that at Lessor's election, no such termination by Lessee shall be effective unless and until Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Lessee has vacated and restored the Premises as required in Section 15A, at which time Lessor shall refund to Lessee, on a pro rata basis, any unearned rental paid in advance. Notwithstanding anything to the contrary in this Lease, if Lessee has not complied with the requirements of Section 15 A, this Lease, together with all terms contained herein (including payment of rent) will remain in effect until the requirements of Section 15A are met, unless Lessor, in its sole discretion, elects to terminate this Lease.

Section 14. LESSOR'S REMEDIES.

Lessor's remedies for Lessee's default are to (a) enter and take possession of the Premises, without terminating this Lease, and relet the Premises on behalf of Lessee, collect and receive the rent from reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as provided in Section 13 above and sue Lessee for damages, and/or (c) exercise such other remedies as Lessor may have at law or in equity. Lessor may enter and take possession of the Premises by selfhelp, by changing locks, if necessary, and may lock out Lessee, all without being liable for damages.

Section 15. VACATION OF PREMISES; REMOVAL OF LESSEE'S PROPERTY.

A. Upon termination howsoever of this Lease, Lessee (i) shall have peaceably and quietly vacated and surrendered possession of the Premises to Lessor, without Lessor giving any notice to quit or demand for possession, and (ii) shall have removed from the Premises all structures, property and other materials not belonging to Lessor, including all personal property and restored the surface to as good a condition as the same was in before such structures were erected, including, without limitation, the removal of foundations, the filling in of excavations and pits, and the removal of debris and rubbish.

B. If Lessee has not completed such removal and restoration prior to termination of this Lease, Lessor may, at its election, and at any time or times, (i) perform the work and Lessee shall reimburse Lessor for the cost thereof within thirty (30) days after bill is rendered, (ii) take title to all or any portion of such structures or property by giving notice of such election to Lessee, and/or (iii) treat Lessee as a holdover tenant at will until such removal and restoration is completed.

Section 16. FIBER OPTICS.

Lessee shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried on the Premises. If cable is buried on the Premises, Lessee will telephone the telecommunications company(ies), arrange for a cable locator, and make arrangements for relocation or other protection of the cable. Notwithstanding compliance by Lessee with this Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any damage or destruction of any telecommunications system.

Section 17. NOTICES.

Any notice, consent or approval to be given under this Lease shall be in writing, and personally served, by email or by reputable courier service, or sent by certified mail, postage prepaid, return receipt requested, to Lessor at: Union Pacific Railroad Company, Attn: AVP - Real Estate, Real Estate Department, 1400 Douglas Street, Stop 1690, Omaha, Nebraska 68179; and to Lessee at the above address, or such other address as a party may designate in notice given to the other party. Mailed notices shall be deemed served five (5) days after deposit in the U.S. Mail. Notices which are faxed, emailed, are personally served or sent by courier service shall be deemed served upon receipt.

Section 18. ASSIGNMENT.

A. Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 consent may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment without Lessor's consent shall be void and shall be a default by Lessee.

B. Subject to this Section 18, this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.

Section 19. CONDEMNATION.

If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of a condemnation or sale in lieu of condemnation, then this Lease shall automatically terminate. Lessor shall be entitled to the entire award or proceeds for any total or partial condemnation or sale in lieu thereof, including, without limitation, any award or proceeds for the value of the leasehold estate created by this Lease. Notwithstanding the foregoing, Lessee shall have the right to pursue recovery from the condemning authority of such compensation as may be separately awarded to Lessee for Lessee's relocation expenses, the taking of Lessee's personal property and fixtures, and the interruption of or damage to Lessee's business.

Section 20. ATTORNEY'S FEES.

If either party retains an attorney to enforce this Lease (including, without limitation, the indemnity provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's fees.

Section 21. RIGHTS AND OBLIGATIONS OF LESSOR.

If any of the rights and obligations of Lessor under this Lease are substantially and negatively affected by any changes in the laws applicable to this Lease, whether statutory, regulatory or under federal or state judicial precedent, then Lessor may require Lessee to enter into an amendment to this Lease to eliminate the negative effect on Lessor's rights and obligations to the extent reasonably possible.

Section 22. MODIFICATION, WAIVER OF DEFAULT, ENTIRE AGREEMENT.

No waiver, modification or amendment to this Lease, including specifically but not limited to, any indemnity and/or insurance requirement herein, shall be of any force or effect unless made in writing, signed by Lessor and Lessee and specifying with particularity the nature and extent of such waiver, modification or amendment. This Lease is the entire agreement between the parties, and supersedes all other oral or written agreements between the parties pertaining to this transaction, and any other lease under which all or any portion of the Premises was leased to Lessee. Notwithstanding the prior sentence, Lessee shall retain any and all obligations and liabilities which may have accrued under any other such agreements prior to the commencement of the term of this Lease.

Section 23. WATER WELL(S).

The installation of new water well(s) or use of existing water well(s) or other equipment or facilities designed to secure potable or non-potable water from sources on the leased premises, or from any adjoining property owned or operated by Lessor, is prohibited.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

EXHIBIT C
Union Pacific Railroad
Contract Insurance Requirements
Lease of Land
Lessee shall, at its sole cost and expense, procure and maintain during the life of this Lease (except as otherwise provided in this Lease) the following insurance coverage:

A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Premises” as the Designated Job Site.

B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos).

The policy must contain the following endorsements, which must be stated on the certificate of insurance:
 Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Premises” as the Designated Job Site.
 Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.

C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to:

Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.

Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Lessee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

In any and all Claims against Lessor by any employee of Lessee, Lessee’s indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable under any workers compensation acts, disability benefits acts or other employee benefits acts.

D. Pollution Liability insurance. If permitted use as defined in this Lease includes any generation, handling, enrichment, storage, manufacture, or production of hazardous materials pollution liability insurance is required. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.

If hazardous materials are disposed of from the Premises, Lessee must furnish to Lessor evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 E. Umbrella or Excess insurance. If Lessee utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.

Other Requirements
F. All policy(ies) required above must include Lessor as “Additional Insured” using ISO Additional Insured Endorsement CG 20 11 (or a substitute form providing equivalent coverage). The coverage provided to Lessor as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 11, provide coverage for Lessor’s negligence whether sole or partial, active or passive, and shall not be limited by Lessee's liability under the indemnity provisions of this Lease.

G. Lessee waives all rights against Lessor and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers’ liability or commercial umbrella or excess liability insurance obtained by Lessee required by this agreement.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Lease, or (b) all punitive damages are prohibited by all states in which the Premises are located.

I. All insurance policies must be written by a reputable insurance company acceptable to Lessor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Premises are located.

J. The fact that insurance is obtained by Lessee, or by Lessor on behalf of Lessee, will not be deemed to release or diminish the liability of Lessee, including, without limitation, liability under the indemnity provisions of this Lease. Damages recoverable by Lessor from Lessee or any third party will not be limited by the amount of the required insurance coverage.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Project: 0252658

CITY OF TULARE
411 E. Kern Ave
Tulare,California 93274
RE: Lease Covering Use of Railroad Property at Tulare, California Dear Lessee;
Attached for your permanent record is a fully executed original of the above-referenced Lease.

The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Lessee shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried on the Premises. If cable is buried on the Premises, Lessee will telephone the telecommunications company(ies), arrange for a cable locator, and make arrangements for relocation or other protection of the cable. In any event, you should thoroughly review the terms and conditions of this Lease.

In compliance with the Internal Revenue Service’s policy regarding Form 1099, please be advised that 946001323 is Union Pacific Railroad Company’s Federal Taxpayer Identification Number and we are doing business as a corporation.

All future insurance notices should be forwarded to:

Union Pacific Railroad
Real Estate Project: 0252658
1400 Douglas St. STOP 1690
Omaha, NE 68179-1690
Sincerely,
Rick Harris
Senior Manager - Real Estate
(402) 544-8588
[email protected]
Staff Report
Meeting: City Council
Date: November 18, 2025
Department: Economic Development & Redevelopment
Submitted by: Jennifer Gomez, Executive Director of Economic Development & Redevelopment Agenda Title: Economic Development Updates

RECOMMENDED ACTION
Receive an update on economic development activities.

SUMMARY
Attached is the October 2025 Economic Development Bulletin identifying activities and projects that took place in the previous month highlighting four elements of economic development. • Building permits issued pertaining to residential and commercial improvements along with the total value of those improvements
• Business licenses that were issued for either new businesses, change of ownership, or businesses that failed to have a business license previously • Active projects that will have a sizeable impact on economic development • Site Plan Review projects that have been submitted to the City that could positively address commercial and residential needs
This is an informational item only and does not require any action by the City Council.

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).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This item does not require legal review.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. October 2025 Economic Development Bulletin
Reviewed/Approved:

Item #: 8.4
Consent
The Economic Development

BULLETIN
October 2025
Building Permits
126 Building Permits - Total Valuation $11,345,458.00
Residential
Single Family, Accessory/Alterations/Additions,
Re-Roof, Photovoltaic, Patio/Porch/Carport,
Pool/Spa/Water Feature, Multifamily
Commercial
New, Alterations/Additions, Tenant
Improvements, Site Improvements, Signage
120 6
Net New Business Licenses
17 New Businesses
Business Address
Jocelyn P. Reyes, DMD 901 E. Merritt Ave.

Mena’s Honey Pot 845 W. Zumwalt Ave.

Gallegos Tires 627 W. Inyo Ave.

Mariscos El Latino 549 W. Inyo Ave.

Streamline Irrigation 4600 South K St.

JCEE Beauty 260 North L St.

Butterfly 33 206 North K St.

Kaweah Health Therapy Specialists 1927 N. Hillman St.

Meraki Nursing Corp. 1637 E. Prosperity Ave.

Wellnet 360 Virtual Urgent Care Medical Corp. 1599 Hillman St.

The Venue at Sombras 142 North K St.

Auntie Anne’s Pretzels 1403 Retherford St.

Royal Spice Grocery 1350 E. Bardsley Ave.

Prasad V. Reddy, MD 1186 Leland Ave.

Gold Salons 1118 E. Prosperity Ave.

Tortilleria Los Primos 2 1109 W. Inyo Ave.

Aria Community Health Center 1050 N. Cherry Ave.

Active Projects
Status of Active Projects
Project Title & Description Address
International Agri-Center Way Interchange
Construction 70% Completed
Anticipated Completion Summer 2026
Hwy 99 & International Agri-Center Way
International Agri-Center Way Extension
Design Phase - 95%
Connecting Laspina St. to Turner Dr.

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

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

Santa Fe Trail Residential
Multi-Family Residential - 40 units
Building permits issued
North M Street & Santa Fe Trail
Ginder Apartments
Multi-Family Residential - 216 units
Plans approved
N. Retherford btw E. Cartmill Ave. & E. Corvina Ave.

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

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

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

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

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

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

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

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

Maverik
Opening approximately Summer 2026
SE Corner of Hwy 99 & Cartmill Ave.

Chick-fil-A
Opening approximately Spring 2026
SE Corner of Hwy 99 & Cartmill Ave.

Sequoia Marketplace
Building Permits for:

Chipotle
Carwash
Service Station
NE Corner of Mooney Blvd. & Bardsley Ave.
iONNA EV
Permits issued to construct charging stations.
621 E. Prosperity Avenue
Fernandes Subdivision
Single Family Residential - 120 lots
Tentative Subdivision Map Approved
NE Corner of Paige Ave. & E Street
Hwy 99 Water Crossing
Environmental phase
Near intersection of Washington Ave. & Gem Street
on the west side of Hwy 99 and extend east to
Corvina Ave. alignment west of Retherford Street
F&C Farming
Single Family Residential - 543 units
SW Corner of Prosperity Ave. & Oakmore Road
Site Plan Review
Preliminary Site Plan Review Applications
Project Title & Description Address
Four Start Subdivision
Single Family Residential - 8.05 acres
NW Corner of Northridge St. & Prosperity Ave.

For any inquires on these projects, please reach out to:

Jennifer Gomez, MPA
Executive Director of Economic Development & Redevelopment [email protected]
559.684.4230 | C: 559.309.4726
425 East Kern Avenue, Tulare, CA 93274
Staff Report
Meeting: City Council
Date: November 18, 2025
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Notice of Completion – PK0037 K9 Bane Dog Park Project

RECOMMENDED ACTION
Accept as complete the contract with Caliber Contracting Services Inc., of Fresno, CA, for work on Project PK0037 K9 Bane Dog Park, a park improvement project. Authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.

SUMMARY
Capital Improvement Project PK0037 developed a new dog park on the vacant, City-owned land along the north side of the Santa Fe Trail between N Street and O Street. The park features fencing, lighting, landscaping, and irrigation, street frontage enhancements, a parking lot, and a shade structure. This project was approved as part of the City’s 2023-2028 CIP program budget.

On May 21, 2024, the City Council awarded a contract to Caliber Contracting Services Inc., of Fresno, CA, in the amount of $1,287,000.

FISCAL IMPACT & FUNDING SOURCES
The project was funded through a CDBG Grant and Park DIF Funds.

A summary of contract costs is as follows:

Approved Contract Amount: $ 1,287,000.00
Contract Change Orders – Various: $ 72,623.50 (5.64%)
Total Construction Contract Cost: $ 1,359,623.50
Additional work encompassed modifications resulting from unexpected and varied field conditions, design inaccuracies, compliance with building codes, and other adjustments. Deductions were applied to the reduction of quantities as specified in the original contract. It was determined to be in the best interest of the City to reduce quantities of unused materials from the initially specified amount, thereby reducing the City's costs.

PK0037-050-0601
390 – Park DIF Funds
077 – CDBG

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any potential conflicts of interest.

Item #: 8.5
Consent

LEGAL REVIEW
This item does not require legal review.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny – Should Council deny the request to accept as complete the contract with Caliber Contracting Services Inc., at this time, it will prevent the City from releasing payment of the retention amount owed $67,981.19 to the Contractor and prevent the City from filing a notice of completion with the County.

Thus, postponing the start of the 1-year maintenance bond on the project. Without specific written findings justifying the delay in payment, the City could open itself up to litigation for damages caused by the delay.

3. Table

ATTACHMENTS

1. Notice of Completion
Reviewed/Approved:

RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, 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 18th day of November 2025, a work of improvement on real property hereinafter described was completed pursuant to a contract to which Title 15 of Part 4 of Division 3 of the Civil Code applies.

4. The name of the Contractor who performed said work of improvements pursuant to such contract with the City of Tulare is Caliber Contracting Services, Inc., whose address is 5191 E. Dakota Avenue, Fresno, CA 93727. The surety on said contract is Everest National Insurance Company.

5. The real property or public works or structure is described as follows:

K9 Bane Dog Park, Project No. PK0037.

Dated: , 2025 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: November 18, 2025
Department: Public Works - Fleet Maintenance
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Purchase of Vehicles

RECOMMENDED ACTION
Award the purchase of two new/unused 2026 Ford Police Interceptor Utility (K8A) AWD vehicles and two new/unused 2026 Ford F-150 trucks to National Auto Fleet Group of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $209,077.20.

SUMMARY
The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase two new/unused 2026 Ford Police Interceptor Utility vehicles in the amount of $115,405.32 and two new/unused 2026 Ford F-150 2WD Supercab trucks in the amount of $93,671.88 from National Auto Fleet Group.

The two new Ford PD Interceptors will replace the following units:

Police – Patrol Unit #304 2012 Ford F-150
Police – Patrol Unit #358 2008 Chevrolet Silverado
The Investigations unit and CSO trucks were programmed in the FY 2025/26 Fleet Replacement budget.

Patrol unit #3133 was severely damaged in a car accident and will be replaced by the new unit. The adopted Fleet Replacement budget includes funding for the replacement units and insurance proceeds will help cover the cost of the new interceptor.

FISCAL IMPACT & FUNDING SOURCES
Here is the breakdown of cost for each unit and their associated budgets:

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any potential conflicts of interest.

Item #: 8.6
Consent

LEGAL REVIEW
This item does not require legal review.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Quote 41201 – Ford PD Interceptors

2. Quote 40964 – Ford F-150 trucks
Reviewed/Approved:

Staff Report
Meeting: City Council
Date: November 18, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: 2025-26 Transportation Development Act Claim

RECOMMENDED ACTION
Adopt a resolution authorizing a Fiscal Year 2025-26 TDA claim by the Tulare County Regional Transit Agency in the amounts of $784,263.32 in State Transit Assistance and $1,992,820.23 in Local Transportation Funds, and $138,928.51 in State of Good Repair Apportionment “SGR” subject to the TCAG 2025 TDA Claims Manual and approving the City of Tulare’s claim of the remaining $1,715,280.17 in Local Transportation Funds, subject to the TCAG 2025 TDA Claims Manual.

SUMMARY
The Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans.

TDA established two funding sources; the Local Transportation Fund (LTF), and the State Transit Assistance (STA) fund. Providing certain conditions are met, counties with a population under 500,000 (according to the 1970 federal census) may also use the LTF for local streets and roads, construction and maintenance. The STA funding can only be used for transportation planning and mass transportation purposes.
• LTF - Local Transportation Fund (LTF), is derived from a ¼ cent of the general sales tax collected statewide. The State Board of Equalization, based on sales tax collected in each county, returns the general sales tax revenues to each county’s LTF. Each county then apportions the LTF funds within the country based on population.
• STA - The STA funds are appropriated by the legislature to the State Controller’s Office (SCO).

The SCO then allocates the tax revenue, by formula, to planning agencies and other selected agencies. Statue requires that 50% of STA funds be allocated according to population and 50% be allocated according to transit operator revenues from the prior fiscal year. the Mills-AlquistDeddeh Act ("Transportation Development Act" or "TDA"), Public Utilities Code Section 99200 et seq., makes certain retail sales tax revenues available to eligible claimants for public transportation projects and purposes.

During fiscal year 2025-26, the City of Tulare was a member agency of the Tulare County Regional Transit Agency ("TCRTA"). The TCRTA Joint Powers Agreement provides that the member agencies may authorize TCRTA to submit claims for its members' allocated TDA funds if unanimously approved by the directors present and voting at a meeting. TCRTA has submitted a claim for a portion of the City’s TDA allocations in the amount of $784,263.32 in State Transit Assistance and $1,992,820.23 in Local Item #: 8.7
Consent
Transportation Funds, and $138,928.51 in State of Good Repair Apportionment “SGR” to support their operations that serve the City. Authorization by City Council resolution is required for TCRTA to receive the portion of the City’s FY 2025-26 TDA allocation they have requested.

A copy of the draft resolution providing Council’s direction regarding the distribution of the City’s Fiscal Year 2025-26 TDA funding allocation is attached.

FISCAL IMPACT & FUNDING SOURCES
There is no immediate fiscal impact associated with this authorization. Upon successful claim and award of TDA funding, staff will return to the City Council for approval and appropriation of the funds.

ENVIRONMENTAL REVIEW
This action does not constitute a ‘project’ pursuant to the California Environmental Quality Act (CEQA).

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This item does not require legal review.

PUBLIC NOTICE
This item does not require a public hearing and was included on the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny – Denial would result in the loss of TDA funding allocated to the City for Fiscal Year 2025- 2026.

3. Table – Delay in the adoption of the subject resolution could jeopardize the RSTP funding allocation.

ATTACHMENTS

1. Resolution
Reviewed/Approved:

RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
AUTHORIZING A FISCAL YEAR 2025-26 TRANSPORTATION DEVELOPMENT ACT CLAIM

BY THE CITY OF TULARE AND CONCURRENCE TO A CLAIM BY THE TULARE COUNTY

REGIONAL TRANSPORTATION AGENCY
WHEREAS, pursuant to Government Code Section 66500 et seq., the Tulare County Association of Governments ("TCAG") is the regional transportation planning agency for Tulare County; and
WHEREAS, the Mills-Alquist-Deddeh Act ("Transportation Development Act" or "TDA"), Public Utilities Code Section 99200 et seq., makes certain retail sales tax revenues available to eligible claimants for public transportation projects and purposes; and WHEREAS, TCAG is responsible for the allocation of TDA funds to eligible claimants within the Tulare County region; and
WHEREAS, pursuant to Resolution 2024-039, TCAG requires a resolution of concurrence from each local agency contributing to the proposed claim for operating/capital transit project(s); and
WHEREAS, the City of Tulare is an eligible claimant of TDA funds; and WHEREAS, for the fiscal year 2025-26, the City of Tulare is allocated an estimated $784,263.32 in State Transit Assistance ("STA") funds and $3,708,100.40 in Local Transportation Funds ("LTF") and $138,928.51 in State of Good Repair “SGR” funds; and WHEREAS, during fiscal year 2025-26, the City of Tulare was a member agency of the Tulare County Regional Transit Agency ("TCRTA"); and
WHEREAS, the TCRTA Joint Powers Agreement provides that the member agencies may authorize TCRTA to submit claims for its members' allocated TDA funds if unanimously approved by the directors present and voting at a meeting; and
WHEREAS, the Tulare County Regional Transit Agency's fiscal year 2025-26 transit budget, as amended, lists the amounts of and purposes for the fiscal year 2025-26 TDA allocations requested.

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

Section 1. That the Tulare City Council does hereby authorize a Fiscal Year 2025-26 TDA claim by the Tulare County Regional Transit Agency in the amounts of $784,263.32 in State Transit Assistance and $1,992,820.23 in Local Transportation Funds, and $138,928.51 in State of Good Repair Apportionment “SGR”, subject to the TCAG 2025 TDA Claims Manual.

Section 2. That the Tulare City Council does hereby approve a Fiscal Year 2025-26 TDA claim by the City of Tulare for the remaining $1,715,280.17 in Local Transportation Funds, subject to the TCAG 2025 TDA Claims Manual.

Resolution 2025-XX

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 18th day of November 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.

Staff Report
Meeting: City Council
Date: November 18, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Initiate Proceedings for Formation of Landscape Maintenance District 2025-02

RECOMMENDED ACTION
Adopt a resolution initiating proceedings for the formation of Landscape Maintenance District 2025-02 for the FNC Subdivision, and setting December 2, 2025, as the date for a public hearing regarding the same.

SUMMARY
The Owners and Developers of the approved FNC Subdivision tentative subdivision maps have petitioned the City to establish an assessment district for their proposed development located at southeast corner of Prosperity Avenue and Morrison Street. This assessment district will provide for the following:
• maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas within the district boundaries,
• supplemental maintenance of local streets within the district boundaries, • maintenance of a neighborhood park and associated appurtenances located within a common lot area within the district boundaries, and
• maintenance of storm water retention basin.

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).

POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.

LEGAL REVIEW
This item does not require legal review.

PUBLIC NOTICE
A notice of public hearing will be published a minimum of 14 days prior to the proposed public hearing on December 2, 2025.

ALTERNATIVE ACTION

1. Approve with changes - Could delay the proposed development of the FNC Subdivision.

2. Deny - Would result in there being no mechanism for the assessment of fees to maintain landscaping and park improvements within the common lot areas of the FNC Subdivision. Additionally, there would be no supplemental maintenance provided for streets within the district boundaries.

3. Table - Could delay the processing and approval of the pending FNC Subdivision final maps.

Item #: 8.8
Consent

ATTACHMENTS

1. Resolution

2. Notice of Public Hearing

3. Landscape Maintenance District 2025-02 Exhibits
Reviewed/Approved:

RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
INITIATING PROCEEDINGS FOR ASSESSMENT DISTRICT 2025-02 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. The City Council proposes forming an assessment district pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following Streets and Highway Codes) for the following improvements:
2025-02: Maintenance of landscaping, irrigation systems, pedestrian sidewalks and block walls associated with common lot areas, maintenance of local streets, maintenance and regulatory compliance associated with a storm water retention basin, and maintenance of neighborhood park and appurtenances serving the area within the district boundaries.

Section 2. The proposed district shall be designated Assessment District 2025-02 and shall include the land shown on the map designated, “Assessment Diagram,” as attached.

Section 3. The City Engineer of the City of Tulare is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the City Engineer to prepare and file with the City Clerk a report in accordance with Article 4, Chapter 1 of the Landscaping and Lighting Act of 1972.

Section 4. On Tuesday, December 2, 2025, at the hour of 5:30 p.m., or shortly thereafter, the City Council will conduct a public hearing to receive testimony regarding the establishment of Assessment District 2025-02 and subsequent assessment of fees. The hearing will be held at the meeting place of the City Council located at the Tulare Public Library and Council Chambers, 491 North M Street, Tulare, California.

Section 5. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 18th day of November 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

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

Notice of Public Hearing
Notice is hereby given that the City Council of the City of Tulare will hold a public hearing at 5:30 p.m., or soon thereafter, on Tuesday, December 2, 2025, in the Council Chamber, 491 North M Street, Tulare, California, open to the public, and any person present will have the opportunity to be heard regarding City Council’s consideration of a resolution to order improvements and finalize the formation of Assessment District No. 2025-02. A copy of the resolution will be available for public review at Tulare City Hall, 411 East Kern Avenue, at the Office of the City Clerk, 2nd Floor and on the City’s website at www.tulare.ca.gov. For further information regarding this matter, please contact Michael Miller, City Engineer, at (559) 684-4207, or via email at [email protected].

RECOMMENDED ACTION
Adopt a resolution initiating proceedings for the formation of Landscape Maintenance District 2025-03 for the Valov, Lekkerkerker, and Fernandes Subdivisions, and setting December 2, 2025, as the date for a public hearing regarding the same.

SUMMARY
The Owners and Developers of the approved Valov, Lekkerkerker, and Fernandes tentative subdivision maps have petitioned the City to establish an assessment district for their proposed developments located in the vicinity of the northeast corner of Pratt Street and Paige Avenue. This assessment district will provide for the following:
• maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas within the district boundaries,
• supplemental maintenance of local streets within the district boundaries, • maintenance of a neighborhood park and associated appurtenances located within a common lot area within the district boundaries, and
• maintenance and regulatory compliance associated with a storm water retention basin.

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).

POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.

LEGAL REVIEW
This item does not require legal review.

PUBLIC NOTICE
A notice of public hearing will be published a minimum of 14 days prior to the proposed public hearing on December 2, 2025.

ALTERNATIVE ACTION

1. Approve with changes - Could delay the proposed development of the Valov, Lekkerkerker, and Fernandes subdivisions.

2. Deny - Would result in there being no mechanism for the assessment of fees to maintain landscaping and park improvements within the common lot areas of the Valov, Lekkerkerker, and Fernandes Item #: 8.9
Consent
subdivisions. Additionally, there would be no supplemental maintenance provided for streets within the district boundaries.

3. Table - Could delay the processing and approval of the final subdivision maps of the pending Valov, Lekkerkerker, and Fernandes subdivisions.

ATTACHMENTS

1. Resolution

2. Notice of Public Hearing

3. Landscape Maintenance District 2025-03 Exhibits
Reviewed/Approved:

RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
INITIATING PROCEEDINGS FOR ASSESSMENT DISTRICT 2025-03 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. The City Council proposes forming an assessment district pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following Streets and Highway Codes) for the following improvements:
2025-03: Maintenance of landscaping, irrigation systems, pedestrian sidewalks and block walls associated with common lot areas, maintenance of local streets, maintenance and regulatory compliance associated with a storm water retention basin, and maintenance of neighborhood park and appurtenances serving the area within the district boundaries.

Section 2. The proposed district shall be designated Assessment District 2025-03 and shall include the land shown on the map designated, “Assessment Diagram,” as attached.

Section 4. On Tuesday, December 2, 2025, at the hour of 5:30 p.m., or shortly thereafter, the City Council will conduct a public hearing to receive testimony regarding the establishment of Assessment District 2025-03 and subsequent assessment of fees. The hearing will be held at the meeting place of the City Council located at the Tulare Public Library and Council Chambers, 491 North M Street, Tulare, California.

Section 5. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 18th day of November 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

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

Notice of Public Hearing
Notice is hereby given that the City Council of the City of Tulare will hold a public hearing at 5:30 p.m., or soon thereafter, on Tuesday, December 2, 2025, in the Council Chamber, 491 North M Street, Tulare, California, open to the public, and any person present will have the opportunity to be heard regarding City Council’s consideration of a resolution to order improvements and finalize the formation of Assessment District 2025-03. A copy of the resolution will be available for public review at Tulare City Hall, 411 East Kern Avenue, at the Office of the City Clerk, 2nd Floor and on the City’s website at www.tulare.ca.gov.

For further information regarding this matter, please contact Michael Miller, City Engineer, at (559) 684-4207, or via email at [email protected].

Staff Report
Meeting: City Council
Date: November 18, 2025
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: State Homeland Security Grant Program (SHSGP) FY24 Grant

RECOMMENDED ACTION
Adopt a resolution accepting receipt of Fiscal Year 2024 State Homeland Security Grant Program (SHSGP) from DHS in the amount of $20,080 and authorize an appropriation of $20,080 in Fund 306 Fire Department Grants Fund to purchase five mobile radios, including installation.

SUMMARY
Mobile radios are the radios the department utilizes in each response vehicle. They are critical to ensure communication between crews during emergency responses is seamless and consistent to enable coordinated efforts which aids in mitigation of hazards and safe lives. The department has been working to replace the existing mobile radios, some of which are approximately 20 years old. As this is an ongoing process, the department applied for this grant to help pay for this project. These radios need to be replaced as the current models have numerous technological failures and are costly to repair.

FISCAL IMPACT & FUNDING SOURCES
The awarded amount was enough to pay for these radios as quoted at the time. The only potential outof-pocket expenses for the City will be any increase in radio costs above what was quoted when we applied. Any additional funds required to complete the project above the grant reimbursement will come from General Fund Fire Department Communications Equipment appropriations.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This item does not require legal review.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If this grant acceptance is not approved, the city will need to cover the cost of replacing these radios.

ATTACHMENTS

1. Acceptance Agreement

2. Resolution
Reviewed/Approved:

Item #: 8.10
Consent
Subaward Agreement Regarding FY 2024 State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises THIS AGREEMENT is entered into by and between the County of Tulare ("COUNTY") and _____________ ("SUBRECIPIENT"), referred to individually herein as "Party" or collectively as "Parties," on the following terms and conditions:

WHEREAS, the Fiscal Year 2024 ("FY 2024) California State Homeland Security Grant Program ("SHSGP") provides funding through Federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training, and exercise-related costs;
WHEREAS, COUNTY applied to the California Governor's Office of Emergency Services ("CalOES") for a FY 2024 SHSGP grant;
WHEREAS, as part of its grant application, COUNTY requested sufficient funds to support certain activity(ies) or program(s) planned by SUBRECIPIENT that may be eligible for SHSGP grant funds; WHEREAS, COUNTY was awarded FY 2024 SHSGP grant funding; and COUNTY, upon recommendat ion of the local Approval Authority designated in the SHSGP Guidelines, determined to allocate some of this funding to support SUBRECIPIENT'S eligible program(s) or activity(ies).

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, COUNTY and SUBRECIPIENT hereby agree as follows:

1. GRANT SUBAWARD. Subject to the terms, conditions, and other limitations specified herein, COUNTY intends to subaward to SUBRECIPIENT a portion of its FY 2024 SHSGP Grant for the following program and/or activity:

Department/Agency: _____________________________ _
Program/Activity: ______________________________ _
Details about the specific program or activity authorized, the amounts allocated to the specified program or act ivity, and the anticipated performance and disbursement timelines shall be confirmed by subsequent award letter(s) from COUNTY ("Award Letter(s)") in accordance with this Agreement.

SUBRECIPIENT agrees not to expend any anticipated FY 2024 SHSGP grant funds until after it has received [an] Award Letter(s) authorizing the specific activity or program, and confirming the award amount. Award Letter(s) may include attachments, which are considered to be integral parts of the Award Letter(s). Unless SUBRECIPIENT notifies COUNTY before it begins spending the funds authorized in a FY 2023 SHSGP Award Letter that it declines some or all of the program, activity, and/or funds outlined in the Award Letter, SUBRECIPIENT will be deemed to have accepted all of the terms and conditions specified in the Award Letter(s), including any applicable attachments.

COUNTY reserves the exclusive right to determine the method and timing of disbursement of SHSGP funds to SUBRECIPIENT. Furthermore, and in addition to all other rights provided to COUNTY under this Agreement or t he law, COUNTY reserves the right to, issue revised Award Letter(s) to modify 1 2023 2024
Tulare Fire Department
Tulare Fire Department
Project 005
SUBRECIPIENT's authorized program, activity, award amounts, and/or performance periods, in accordance with the recommendations of the Local Approval Authority, the changing needs of SUBRECIPIENT and/or the likelihood of SUBRECIPIENT expending its subaward; however, such modifications will only be made after consultation with SUBRECIPIENT, and in accordance with the recommendations of the Local Approval Authority.

2. PERFORMANCE PERIOD. SUBRECIPIENT's Performance Period for all activities covered by the terms of this Agreement shall commence on September 1, 2024. Unless COUNTY specifies otherwise in SUBRECIPIENT's Award Letter(s), SUBRECIPIENT's Performance Period for all activities covered by the terms of this Agreement shall continue until whichever of the following dates or events occurs first: (i) May 31, 2027, or (ii) until otherwise terminated under the provisions of this Agreement. Only activities performed during the County-specified FY 2024 SHSGP Performance Period are eligible for funding/reimbursement pursuant to this Agreement.

3. GRANT REQUIREMENTS AND ASSURANCES. The SUBRECIPIENT hereby agrees to review, adhere to, and comply with all COUNTY, state, and federal grant award requirements. SUBRECIPIENT acknowledges that COUNTY was required to accept and agree to the "CalOES Standard Assurances" (attached as Exhibit A, and incorporated by reference herein), and that COUNTY may be required to impose some or all of these assurances on all of its subrecipients, at all levels. Accordingly, SUBRECIPIENT specifically accepts, agrees to, and will abide by the CalOES Standard Assurances, with the understanding that everywhere it references "Applicant" or "subrecipient" in Exhibit A shall be read to refer to SUBRECIPIENT. The CalOES Standard Assurances shall be binding on the SUBRECIPIENT, as well as its successors, transferees, contractors, consultants, etc. SUBRECIPIENT acknowledges that failure to comply with any of the assurances may result in suspension, termination, or reduction of grant funds.

Some of the requirements that SUBRECIPIENT hereby agrees to comply with appear in the following documents:
(a) Applicable Federal Regulations, including: (i) Title 2, Part 200 of the Code of Federal Regulations (CFR) (which contains, among other items, Government cost principles, uniform administrative requirements and audit requirements for Federal grant programs), and (ii) updates issued by the Office of Management and Budget (0MB) on http://www.whitehouse.gov/omb/;
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) California Supplement to the NOFO; and
(d) Federal and State Grant Program Guidelines.

By signing this Agreement, SUBRECIPIENT specifically makes the applicable certifications in Exhibit A, including the Lobbying and Political Activities and Debarment and Suspension Certifications (Paragraphs 3 and 4 of Exhibit A, respectively), as evidenced by the signature of SUBRECIPIENT's authorized agent.

4. FEDERALLY-FUNDED SERVICES. Because this grant subaward involves the provision of federal funds to SUBRECIPIENT, the terms and conditions outlined and incorporated in Exhibit B, "FederallyFunded Services," will apply to this Agreement, and are incorporated herein by reference.

S. DISPOSAL OR DISPOSITION OF PROPERTY. SUBRECIPIENT acknowledges that pursuant to 2 CFR section 200.316, any real property, equipment, and intangible property that are acquired or improved with any SHSGP award must be held in trust by SUBRECIPIENT as trustee for the beneficiaries of the project 2 or program under which the property was acquired or improved. SUBRECIPIENT may be required by COUNTY, CalOES, or the federal government to record liens or other appropriate notices of record to indicate that personal or real property has been acquired or improved with the SHSGP award and that use and disposition conditions apply to the property.

Furthermore, SUBRECIPIENT agrees that when the equipment or supplies acquired with funds from this subaward are no longer needed for the original activity or program, or for other SUBRECIPIENT activities supported by the Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA), SUBRECIPIENT must notify COUNTY to request instructions on proper disposition of the equipment or supplies. SUBRECIPIENT is not permitted to sell, assign, or otherwise transfer title to (or any other interest in) equipment or supplies purchased with SHSGP funds except as permitted by 2 CFR Part 200. Furthermore, SUBRECIPIENT must obtain the express written permission of COUNTY for disposition of property that may have a current per unit fair market value of $5,000 or more. Though not exclusive or exhaustive, additional information regarding disposition of property acquired with SHSGP funds can be found at 2 CFR Part 200, sections 200.313 through 200.316.

6. SUBAWARDS AND CONTRACTS. With the understanding that not all provisions may be applicable to subawardees, SU BRECIPIENT agrees to include all of the commitments specified in Exhibit A, and any other commitments or requirements included in this Agreement that expressly so designate, in the award documents it issues for all subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts. SUBRECIPIENT further agrees that it will include the commitments in Exhibit A in all contracts paid for in full or part with FY 2024 SHSGP funds.

7. DESIGNATED COUNTY AUTHORIZED AGENT. Only those individuals designated by resolution of the Tulare County Board of Supervisors as Authorized Agents for FY 2024 SHSGP ("COUNTY Authorized Agents") are authorized to sign FY 2024 SHSGP Award Letters on behalf of COUNTY, or to suspend performance in accordance with Paragraph 16(d), below. All other notices from COUNTY may come from other COUNTY personnel.

8. PROOF OF SUBRECIPIENT AUTHORITY. Before this Agreement will be approved by COUNTY, SUBRECIPIENT must provide to COUNTY written authorization (in the form of a resolution, or some other format specifically authorized by COUNTY) from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the SUBRECIPIENT and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of performance of this Agreement shall be the responsibility of the SUBRECIPIENT and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) SUBRECIPIENT is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial, and financial capability (including funds sufficient to pay the non-federal share of project cost, if any_ to ensure proper planning, management, and completion of the project described in this application; and (e) Official executing this Agreement is authorized by the SUBRECIPIENT.

9. DISALLOWANCE AND OFFSET. If, pursuant to this Agreement, SUBRECIPIENT requests or 3 receives payment from COUNTY for programs, activities, or equipment, the reimbursement for which is later disallowed by the State ofCalifornia orthe United States Government, SUBRECIPIENT shall promptly refund the disallowed amount to COUNTY upon COUNTY's request. At its option, and to the fullest extent permitted by law, COUNTY may offset the amount disallowed from any payment due or to become due to SUBRECIPIENT under this Agreement or any other agreement between SUBRECIPIENT or COUNTY.

Furthermore, if any of COUNTY's FY 2024 SHSGP grant funding is reduced, modified, or eliminated for any reason, COUNTY reserves the right to reduce, modify, or eliminate any or all of this FY 2024 SHSGP grant subaward to SUBRECIPIENT. SUBRECIPIENT agrees to promptly return any amounts requested by COUNTY in accordance with this provision. At its option, COUNTY may offset the amount to be returned by SUBRECIPIENT from any payment due or to become due to SUBRECIPIENT under this Agreement or any other agreement between SUBRECIPIENT and COUNTY.

10. MONITORING AND REPORTS. SUBRECIPIENT is responsible for oversight of the operations of the FY 2024 SHSGP supported activities. SUBRECPIENT must monitor its activities to ensure compliance with applicable Federal requirements and achievement of specific performance expectations.

SUBRECIPIENT's monitoring must cover each program, function or activity supported by FY 2024 SHSGP funding.

SUBRECIPIENT agrees to provide ongoing performance and financial reports regarding any and all of SUBRECIPIENT's programs and activities funded with FY 2024 SHSGP funding. At a minimum, these reports will be due on an annual basis, but COUNTY reserves the right to request more frequent reporting. Within 90 days of completion or termination of FY 2024 SHSGP funded subawards, SUBRECIPIENT is also expected to provide a final performance report and a final expenditure report in a format acceptable to COUNTY, State and the Federal government. SUBRECIPIENT will be notified of any additional required reports by separateAward Letter(s) or notice(s) from COUNTY.

11. MANDATORY DISCLOSURES. Pursuant to 2 CFR section 200.113, SUBRECIPIENT must disclose, in a timely manner, and in writing to COUNTY and ultimately to the federal awardingagency, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting this subaward.

Pursuant to the terms and conditions outlined in Appendix XII to 2 CFR Part 200 ("Award Term and Condition for Recipient Integrity and Performance Matters"), SUBRECIPIENT may also be also required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in any of the remedies described in 2 CFR section 200.338, "Remedies for noncompliance," including suspension or debarment.

12. SUBMITTING FALSECLAIMS. Under applicable federal andstate law, ifSUBRECIPIENT submits a false claim to COUNTY under this Agreement, then SUBRECIPIENT will be liable to COUNTY for the statutory penalties set forth in those statutes, including, but notlimited to statutory fines,trebledamages, costs, and attorneys' fees. SUBRECIPIENT will be deemed to have submitted a false claim to COUNTY if SUBRECIPIENT:
(a) Knowingly presents or causes to be presented to COUNTY a false claim or request for payment or approval;
(b) Knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by COUNTY;
(c) Conspires to defraud COUNTY, State, or the Federal Government by getting a false claim allowed or paid by COUNTY;
4 (d) Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to COUNTY; or (e) Is a beneficiary of an inadvertent submission of a false claim to COUNTY, later discovers the falsity of the claim, and fails to disclose the false claim to COUNTY within a reasonable time after discovery of the false claim.

13. INSURANCE. SUBRECIPIENT certifies it is insured or self-insured for general liability exposures with limits of no less than $1 million per occurrence. SUBRECIPIENT certifies it is insured or self-insured for workers' compensation and maintains statutory limits. SUBRECIPIENT agrees that coverage limits specified within the Agreement will not be used to reduce limits of coverage from SUBRECIPIENT'S full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this Agreement or act in any way to reduce available coverage and limits from the insurer. Failure to maintain or renew coverage may be a material breach of this Agreement.

14. LIABILITY OF COUNTY. COUNTY's payment obligations to SUBRECIPIENT for FY 2024 SHSGP funds are limited by all provisions and other requirements specified in this Agreement. Notwithstanding any other provision of this Agreement, in no event shall COUNTY be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages arising out of or in connection with this Agreement, including, but not limited to, lost profits, equipment purchased, or activities performed in connection with this Agreement.

15. HOLD HARMLESS, INDEMNIFICATION, AND DEFENSE.
(a) To the fullest extent permitted by law, SUBRECIPIENT must indemnify, defend (at SUBRECIPIENT'S sole cost and expense and with legal counsel approved by COUNTY, which approval may not be unreasonably withheld), protect, and hold harmless COUNTY, all subsidiaries, divisions and affiliated agencies of COUNTY, and all of their representatives, partners, designees, officers, directors, employees, consultants, agents, successors and assigns, (each, an "Indemnified Party" and collectively, the "Indemnified Parties"), from and against all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional expert or consultants' fees and costs and COUNTY general and administrative expenses) of every kind and nature whatsoever (individually, a "Claim"; collectively, "Claims") which may arise out of, pertain to, or relate (directly or indirectly) to the negligence, recklessness, or misconduct of SUBRECIPIENT with respect to any activities and/or programs performed, training provided, or items purchased or used under or in relation to this Agreement (including, without limitation, the acts, errors, and/or omissions of SUBRECIPIENT, its principals, officers, agents, employees, vendors, suppliers, consultants, sub-consultants, contractors, anyone employed directly or indirectly by any of them, or for whose acts they may be liable, or any or all of them).

SUBRECIPIENT'S obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an Indemnified Party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, then SUBRECIPIENT'S indemnification obligation shall be reduced in proportion to the established comparative liability.
(b) The duty to defend is a separate and distinct obligation from SUBRECIPIENT'S duty to indemnify. SUBRECIPIENT shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, the Indemnified Parties immediately upon tender to SUBRECIPIENT of the Claim in any form or at any stage of an action or proceeding, whether or not liability is established. Payment to 5 SUBRECIPIENT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party cannot be a condition precedent to enforcing the Indemnified Party's rights to defense or indemnification under this Agreement. An allegation or determination that persons other than SUBRECIPIENT are responsible for the Claim does not relieve SUBRECIPIENT from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if SUBRECIPIENT asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of an Indemnified Party, then SUBRECIPIENT may submit a claim to the COUNTY for reimbursement of reasonable attorneys' fees and defense costs in proportion to the established comparative liability of the Indemnified Party. SUBRECIPIENT'S indemnification obligations under this Agreement will survive the expiration or earlier termination of this Agreement until action against the Indemnified Parties for the matter indemnified is fully and finally barred by the applicable statute of limitations or statute of repose. SUBRECIPIENT'S liability for indemnification under this Agreement is in addition to any liability SUBRECIPIENT may have to COUNTY for a breach by SUBRECIPIENT of any of the provisions of this Agreement. Under no circumstances may the insurance requirements and limits set forth in this Agreement be construed to limit SUBRECIPIENT'S indemnification obligation or other liability under this Agreement. The terms of this Agreement are contractual and the result of negotiation between the Parties. (c) SUBRECIPIENT must indemnify and hold COUNTY harmless from all loss and liability, including attorneys' fees, court costs and all other litigation expenses, for any infringement of the patent rights, copyright, trade secret or any other proprietary right or trademark, and all other intellectual property claims of any person or persons in consequence of the use by COUNTY, or any of its officers or agents, of articles or services to be supplied in the performance of this Agreement.

16. TERMINATION
(a) Without Cause (For Convenience): Either Party may terminate this Agreement for convenience by giving thirty (30) days' prior written notice to the other Party of its intention to terminate pursuant to this provision, specifying the date of termination. COUNTY will not pay lost anticipated profits or other economic loss resulting from termination of this Agreement. After receiving a notice of termination for convenience from SUBRECIPIENT, and prior to the effective date of termination, COUNTY may, in its sole discretion, continue to disburse grant funding to SUBRECIPIENT for the programs or activities permitted under this Agreement and specified in the effective Award Letter(s); however, COUNTY specifically reserves the right to cancel or modify some of the programs or activities specified in the Award Letter if it seems infeasible for SUBRECIPIENT to complete its work before the termination of the contract. Any funding disbursed to SUBRECIPIENT but not yet spent at the time the Agreement is terminated must be returned to COUNTY. All such disbursements continue to be subject to the restrictions otherwise provided in this Agreement or by law.

COUNTY will not impose sanctions on SUBRECIPIENT for a termination for convenience. (b) With Cause: Either party may terminate this Agreement immediately, by written notice to the other Party, should the other Party:
(1) be adjudged a bankrupt, or
(2) become insolvent or have a receiver appointed, or
(3) make a general assignment for the benefit of creditors, or (4) suffer any judgment which remains unsatisfied for 30 days, and which would 6 substantively impair the ability of the judgment debtor to perform under this Agreement.

COUNTY also reserves the right to immediately suspend and/or to terminate this Agreement, for cause, upon discovery of a material breach by SUBRECIPIENT. A material breach includes, but is not limited to, (i) SUBRECIPIENT's failure to comply with the terms and conditions of this Agreement or of any Award Letter(s) issued by COUNTY; (ii) a material misrepresentation by SUBRECIPIENT to COUNTY in relation to this grant program; or (iii) failure to comply with all applicable laws or regulations. COUNTY will provide written notice of the material breach and its determination to either suspend or terminate the contract, specifying the date of termination. At COUNTY's sole discretion, COUNTY may provide SUBRECIPIENT with a reasonable period of time to cure the breach. If COUNTY terminates this Agreement for cause, COUNTY reserves the right to reduce, modify, or eliminate any or all of this subaward and any other outstanding SHSGP subawards to SUBRECIPIENT. Upon demand by COUNTY, SUBRECIPIENT agrees to immediately return FY 2024 SHSGP funding that has been disbursed to SUBRECIPIENT and which remains in SUBRECIPIENT's possession at the time this Agreement is terminated. In addition, the payment of any grant funds that have yet to be disbursed for work already completed by SUBRECIPIENT under this Agreement remains subject to the restrictions on payments otherwise provided in this Agreement and by law, and is further conditioned on COUNTY's confirmation of SUBRECIPIENT's satisfactory completion of the activities or programs specified in this Agreement and any related Award Letter(s).

COUNTY will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure any breach arising out of or resulting from such termination for cause. If this Agreement is terminated for cause, COUNTY may impose sanctions, including possible rejection of future proposals based on specific causes of non-performance. Furthermore, if this Agreement is terminated for SUBRECIPIENT's failure to comply with applicable federal statutes or regulations, including those specifically incorporated into this Agreement by reference, SUBRECIPIENT is advised that the COUNTY's termination decision may be considered in evaluating future applications for federal grant awards.
(c) Effects of Completion or Termination: Expiration, completion, or termination of this Agreement shall not terminate any of SUBRECIPIENT's obligations to indemnify, defend, or hold harmless; to maintain and make available any records pertaining to the Agreement; to cooperate with any audit; to be subject to offset; to make any reports of pre-termination contract activities; to honor its obligations related to the disposal or disposition of property purchased with SHSGP funding; to comply with the continuing applicable obligations contained in Exhibit A; or to comply with any other continuing or closeout obligations required by this Agreement or by federal or state law or regulation, including those specified in 2 CFR Part 200. Where SUBRECIPIENT's activities or programs have been terminated by the COUNTY for cause, said termination will not affect any rights of the COUNTY to recover damages from or against SUBRECIPIENT.
(d) Suspension of Performance: Independent of any right to terminate this Agreement, COUNTY Authorized Agents may immediately suspend performance by SUBRECIPIENT, in whole or in part, in response to health, safety or financial emergency, a change in SHSGP grant funding to COUNTY, or a failure or refusal by SUBRECIPIENT to comply with the provisions of this Agreement, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.

17. RECORDS. SUBRECIPIENT shall maintain complete and accurate records with respect to the activities, programs, and/or purchases funded by or related to FY 2024 SHSGP funding and/or this Agreement, including all records relating to procurement of goods and services. In addition, SUBRECIPIENT shall maintain complete and accurate records with respect to any payments to employees, 7 subawardees, contractors, or subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures and any applicable procedures required by the COUNTY or the federal or state government. All applicable records shall be clearly identified, maintained on site, and be kept readily accessible.

SUBRECIPIENT further agrees to make all such records available to federal, state, and COUNTY government representatives, as further specified in Exhibit A, Paragraph 9 and Exhibit B, Paragraph 10.

SUBRECIPIENT shall ensure that members of the public also have access to such records upon request, in accordance with the Freedom of Information Act and the California Public Records Act. SUBRECIPIENT specifically agrees to require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with all of these record keeping and access requirements.

Failure to comply with these requirements may result in suspension of payments under the grant, termination of the grant, or both. SUBRECIPIENT may be ineligible for award of any future grants if COUNTY or Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

18. NOTICES. Except as may be otherwise required by law, any notice to be given must be written and must be either personally delivered, sent by facsimile transmission, or sent by first class mail, postage prepaid and addressed as follows:

COUNTY:

Sabrina Bustamante
Emergency Services Manager
Tulare County HHSA/Office of
Emergency Services
5957 S Mooney Blvd
Visalia, CA 93277
Phone No.: (559) 624-7497
Fax No.: (559) 624-7499
SUBRECIPIENT:

Tulare Fire Department
800 S. Blackstone St.

Tulare, CA 93274
(559) 684-4308
559-685-2397
With a Copy To:

COUNTY ADMINISTRATIVE OFFICER
2800 W. Burrel Ave.

Visalia, CA 93291
Phone No.: (559) 636-5005
Fax No.: (559) 733-6318
Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth (5th) day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.

19. CONFLICTS WITH LAWS OR REGULATIONS/ SEVERABIUTY. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party, and some or all of the grant money may need to be 8 returned to COUNTY. Such a termination will be treated as a termination for cause, in accordance with Paragraph 16 above. In all other cases, the remainder of the Agreement shall continue in full force and effect.

20. MODIFICATION. No part of this Agreement may be modified without the written consent of both Parties.

21. EXHIBITS AND RECITALS. The Recitals and the Exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

22. GOVERNING LAW. This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The Parties agree that this contract is made in and shall be performed in Tulare County, California.

23. FURTHER ASSURANCES. Each Party will execute any additional documents and perform any further acts which may be reasonably required to effect the purposes of this Agreement.

24. NO THIRD PARTY BENEFICIARIES. Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

25. WAIVERS. The failure of either Party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other Party.

26. HEADINGS. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

27. ORDER OF PRECEDENCE. In the event of any conflict or inconsistency between or among the body of the Agreement and any Award Letter or other communication between COUNTY and SUBRECIPIENT, then the terms and conditions of the body of this Agreement shall prevail.

28. ASSIGNMENT. This Agreement is entered into by COUNTY in reliance on the identity and representations made by SUBRECIPIENT, and no part of this Agreement or this subaward (including any equipment purchased with the subaward) may be assigned, transferred, or sold by SUBRECIPIENT without the prior written consent of COUNTY, which consent COUNTY may grant, delay, deny, or condition in its absolute discretion. Any FY 2024 SHSGP funds provided to SUBRECIPIENT and not yet expended at the time of any attempted unauthorized assignment or transfer will be forfeit to COUNTY at the time of attempted assignment or transfer. Furthermore, the voluntary or involuntary assignment of this Agreement to a receiver or trustee in bankruptcy, will constitute a material breach and will automatically terminate this Agreement without advance notice or opportunity to cure.

29. COMPLIANCE WITH LAWS. SUBRECIPIENT shall comply with all applicable laws, ordinances, rules, and regulations and obtain and keep current all permits, licenses and/or approvals required by law to perform the activities or services, or to purchase any equipment, specified in this Agreement.

30. CONFLICT OF INTEREST
9 (a) SUBRECIPIENT agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including SUBRECIPIENT, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on SUBRECIPIENT or any business firm in which SUBRECIPIENT has an interest, with certain narrow exceptions.
(b) SUBRECIPIENT agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interest laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.

31. COUNTERPARTS. The Parties may sign this Agreement in counterparts, each of which is an original and all of which taken together form one single document.

32. CERTIFICATION AND ACKNOWLEDGEMENT: The undersigned represents that he/she is authorized to enter into this Agreement for and on behalf of the SUBRECIPIENT. As the duly authorized representative of the SUBRECIPIENT, the undersigned hereby certifies that the SU BRECIPIENT has the legal authority to apply for County, State, and Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-Federal share of project cost) to ensure proper planning, management and completion of the project described in the FY 2024 SHSGP application, within the prescribed timelines.

The undersigned further acknowledges that the SUBRECIPIENT is responsible for reviewing and adhering to all COUNTY, state, and federal grant award requirements.

33. CEQA LEAD AGENCY: The SUBRECIPIENT shall be the designated lead agency under the California Environmental Quality Act (CEQA) for the project and/or program funded by this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
10 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year signed by the last Party below.

ATTEST:

By: ___________ _
Approved as to form:

ATTEST: JASON T. BRITT
County Administrative Officer/
Clerk of the Board of Supervisors
By: ____________ _
Deputy
Approved as to form: County Counsel
By: ___________ _
Deputy, Matter No ..
11 SUBRECIPIENT
By:------------
[Title]
Date: ____________ _

COUNTY OF TULARE
By: ____________ _
Chairman, Board of Supervisors
Date: -------------
By: --===-----
RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT THE FISCAL YEAR 2024 STATE

HOMELAND SECURITY GRANT PROGRAM SUB-RECIPIENT AWARD TO PURCHASE MOBILE RADIOS
WHEREAS, the City of Tulare (City) desires to purchase five mobile radios for Fire Department operations; and
WHEREAS, the Fire Department applied for FY24 State Homeland Security Grant Program (SHSGP) funds; and
WHEREAS, the Fire Department was awarded SHSGP funds in the amount of $20,080 to purchase mobile radios; and
WHEREAS, the City will administer the Grant in accordance with the Grant provisions as required.

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

Section 1. The City Manager or designee is hereby authorized to accept the sub-grantee SHSGP award and to sign all applicable paperwork.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 18th day of November 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

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

Staff Report
Meeting: City Council
Date: November 18, 2025
Department: Human Resources
Submitted by: Janie Venegas, Human Resources Director
Agenda Title: Employee Health Benefit Rates for Calendar Year 2026

RECOMMENDED ACTION
Adopt a resolution establishing Employee Health Benefits Rates for Calendar Year 2026.

SUMMARY
The City of Tulare utilizes a self-funded option for employee health benefits, providing greater control over health plan design and premium costs. A Health Insurance Committee comprised of representatives from all bargaining units and retirees meets quarterly to review plan utilization and financial performance.

These meetings allow for an in-depth analysis of claims data and discussion of potential adjustments to ensure the continued stability and longevity of the City’s medical, dental, and vision plans.

The proposed 2026 Employee Health Benefit Rates with the 3% increase are below:

Option 1
$1,000
deductible
Option 2
$500
deductible
Option 3
$0
deductible
Option 4/ EPO
$0 deductible
Monthly Employee Cost
Employee Only $0.00 $25.75 $47.34 $25.75
Family Coverage $379.35 $526.87 $576.57 $513.21
Opt-Out $100.00
Additionally, retiree medical plan rates incur the same 3 % increase as active employees.

The proposed 2026 Retiree Health Benefit Rates with the 3% increase are below:

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).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This item does not require legal review.

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

3. Table
Should the proposed 2026 Health Benefit Plan Rates not be approved, the existing plan rates would be utilized for 2026.

ATTACHMENTS

1. Resolution

2. 2026 Health Benefit Rates – Employees

3. 2026 Health Benefit Rates – Retirees
Reviewed/Approved:

RESOLUTION 202X-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
ESTABLISHING EMPLOYEE HEATLH BENEFIT RATES FOR CALENDAR YEAR 2026 WHEREAS, the City of Tulare provides health, dental, and vision insurance coverage to eligible employees and their dependents through a self-funded medical insurance program; and WHEREAS, the costs associated with providing such coverage have continued to increase due to rising medical expenses, pharmacy costs, and overall utilization trends; however, employee contributions have not increased since 2017; and
WHEREAS, staff and the Health Insurance Committee have recommended a 3% increase to premiums to address the rising costs while maintaining competitive benefits package; and WHEREAS, the City Council finds that such adjustments are necessary to maintain the long-term financial stability of the employee health plan.

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

Section 1. The above recitals are true and correct.

Section 2. The City Council hereby approves and establishes the Employee Health Benefit Rates for calendar year 2026 as set forth in Exhibit A and Exhibit B.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 18th day of November 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

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

Monthly Bi-weekly Monthly Bi-weekly Monthly Bi-weekly Monthly Bi-weekly Employee Only $0.00 $0.00 $25.75 $11.87 $47.34 $21.82 $25.75 $11.87 Family Coverage $379.35 $174.82 $526.87 $242.80 $576.57 $265.70 $513.21 $236.50 Opt-Out $100.00 $46.15
Benefits include medical, dental and vision
Family Coverage is employee +1 or more dependents
Eligible Dependents: Married Spouses, Registered Domestic Partner, biological children, step children, Legally Appointed Guardian Inelgible Dependents: Boyfriend/Girlfriend, Parents, non-biologicial children, non-step children, not Legally Appointed Guardian 2026 Employee Health Benefit Rates
It is the employee's responsibility to notifiy Human Resources within 60 days of a dependent no longer being eligible for coverage. Once notified within the time period, the dependent may choose to enroll in continuation coverage under COBRA. Questions regarding benefits or filing procedures may be directed to Human Resources: Melissa Jimenez x 4202.

If, after your insurance becomes effective, you need to add a new dependent due to a birth, adoption, or marriage, you MUST do so within 30 days of the event. If you do not enroll them within that timeframe, they will not be eligible for coverage until open enrollment which becomes effective January 1st.

IMPORTANT: PLEASE READ
Option 1
$1,000 deductible
Option 2
$500 deductible
Option 3
$0 deductible
Option 4/EPO
$0 deductible
Option 1/$1,000
deductible
Option 2/$500
deductible
Option 3/$0
deductible
Option 4/$3,000
deductible
Option 5/EPO
$0 deductible
Monthly Monthly Monthly Monthly Monthly
Retiree Only $1,196.45 $1,305.53 $1,363.57 $879.85 $1,468.03 Retiree +1 $2,389.13 $2,608.41 $2,724.52 $1,757.06 $3,227.36 Retiree Family $3,346.49 $3,653.50 $3,816.02 $2,461.59 $4,417.70 Benefits include medical, dental and vision
Family Coverage is retiree +2 or more dependents
Hartford
Monthly
Retiree Only $693.43
Medicare Supplemental Benefits include medical, dental and vision Post-65 Retiree Health Benefit Rates for 2026
Pre-65 Retiree Health Benefit Rates for 2026
Staff Report
Meeting: City Council
Date: November 18, 2025
Department: Economic Development & Redevelopment
Submitted by: Gladys Gonzalez, Senior Management Analyst Agenda Title: Request for Qualifications for Entertainment District Master Developer

RECOMMENDED ACTION
Approve the release of a Request for Qualifications (RFQ), prepared in coordination with Victus Advisors and City staff, to solicit a qualified Master Developer to design, construct, and lead the planning of the proposed Entertainment District.

SUMMARY
The City of Tulare is pursuing opportunities to enhance its retail and entertainment landscape by attracting large-scale retail, fine dining, and “eatertainment” venues that combine quality dining with interactive experiences. The City is also evaluating the development of a new sports and tournament complex aimed at generating year-round tourism and supporting sustained economic growth.

In August 2024, the City engaged Victus Advisors, a nationally recognized consulting firm specializing in sports, recreation, and entertainment market analysis, to conduct a market and economic feasibility study for a potential Entertainment District. The study focused on market demand, opportunity analysis, operating projections, and funding strategies.

Following the study, the City and Victus Advisors conducted additional financial analyses and identified up to 300 acres of privately-owned land in the southern area of the City, near the International AgriCenter, as a recommended site for the project. The team also refined funding strategies and engaged with developers to explore best practices for public-private partnerships (P3s). This work culminated in the preparation of a Request for Qualifications (RFQ) seeking a Master Developer to lead the design, construction, and lead the planning of the Entertainment District.

FISCAL IMPACT & FUNDING SOURCES
There is no immediate fiscal impact associated with this action. City staff will return to Council with recommendations once a Master Developer has been selected.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest

LEGAL REVIEW
This item does not require legal review.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

Item #: 8.12
Consent

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Master Developer RFQ
Reviewed/Approved:

Master Developer RFQ | 1
Request for Qualifications:

Tulare Entertainment District
Master Developer
DRAFT
Not for
Distribution
Master Developer RFQ | 2
Request for Qualifications for a Master
Developer to lead the planning, funding,
design-build & commercialization of an
entertainment district & mixed-use real estate
development in the City of Tulare, California
Master Developer RFQ | 3
Tulare Community | 3
Community Snapshot | 6
RFQ Introduction & Purpose | 8
Project Overview & Vision | 9
Project Background | 10
Site & Land Framework | 12
City-Led Public Facilities & Infrastructure | 13
Master Developer’s Role & Responsibilities | 14
Public-Private Partnership Structure | 14
Available Public Incentives | 15
Response Requirements | 16
Evaluation Criteria | 18
RFQ Schedule | 18
Additional Relevant Information | 18
Master Developer RFQ | 4
An Opportunity to Partner with
the City of Tulare
Three hundred acres of open land along State Route 99
present a rare opportunity for a master developer to
help shape one of California’s most promising regional
destinations.

Master Developer RFQ | 5
The City of Tulare is seeking a qualified and visionary partner to lead the private development of a new mixed-use district anchored by a City-owned indoor sports and recreation complex. This partnership will combine public investment and private innovation to deliver a district that brings together sports, entertainment, hospitality, retail, and residential uses in a vibrant, connected setting.

Tulare’s location in the heart of the Central Valley positions it at the center of California’s population and commerce. Within a one-hour drive, nearly two million people live, work, and travel along the State’s primary north–south corridor, SR 99. The site’s visibility, access, and scale create a strong foundation for a district that can serve local residents while attracting visitors from across the region.

The City recognizes both the potential and the complexity of a project of this magnitude.

Tulare is prepared to finance and deliver the public anchors, including the indoor sports center and supporting infrastructure, while working closely with the selected master developer to advance the private components. The City values partnerships that balance financial return with lasting community benefit and will structure incentives accordingly.

This is an opportunity to shape a destination that reflects the region’s growth, energy, and entrepreneurial spirit. The right partner will bring the expertise, creativity, and vision to turn possibility into a lasting legacy for Tulare and the Central Valley.

Master Developer RFQ | 6
A Connected, Growing, and
Investable City
A growing, well-governed city with major public investment, strong workforce trends, and shovel-ready infrastructure positioned for its next wave of private development.
• Strategically positioned along State Route 99, California’s main north–south corridor
• Within a one-hour drive of nearly 2 million people
• Connected by major infrastructure investments, including a $226 million Highway 99 expansion and the Paige Interchange multimodal project
Location & Access
• Among the 10 fastest-growing cities in California over 30,000 population (CA Dept. of Finance 2025)
• Population 71,000+ and climbing
• Strong growth in ages 25-54, signaling a rising labor force • Family-oriented community with an expanding youth
base (ages 5-19 ↑ since 2001)
Population & Workforce
Master Developer RFQ | 7
• 2024 City budget: $65 million + in revenues with balanced fiscal outlook
• Recognized by GFOA for excellence in budgeting and
financial management
• Anchored by Tulare County’s $7.9 billion agricultural economy, exporting to 90 countries
• Home to the World Ag Expo, the largest outdoor agricultural exposition in the world (100,000 + attendees annually)
Economic Strength
• Downtown Master Plan honored by APA CenCal for its
comprehensive vision
• Major new projects: Sequoia Marketplace, Cyclum NextGen Travel Center, Zumwalt Park and Amphitheater
• Tulare Business Innovation Zone (TBIZ) launching to accelerate startups and small business growth
Development Momentum
• Median home price $334,000 vs. California median $888,000 (CAR 2024)
• New amphitheater, park, and dog park driving year-round community activity
• Active commitment to health, wellness, and housing access through city-led initiatives
Quality of Life & Affordability
Master Developer RFQ | 8
The City of Tulare (the “City” or “Tulare”) is issuing this Request for Qualifications (“RFQ”) to identify experienced and capable development teams (“Respondents”) to serve as Master Developer for a new mixed-use district anchored by a City-owned indoor sports center and related public amenities.

The project area consists of approximately up to 300 acres of privately-owned land, which a private landowner has agreed to make available for this effort, subject to negotiation with the City and selected Master Developer. A map of the available land is provided as an attachment to this RFQ.

The City intends to create a vibrant entertainment and commercial district that attracts regional tourism, supports youth and amateur sports, creates new jobs, generates private investment, and enhances quality of life for Tulare residents and the San Joaquin Valley region.

This RFQ focuses on qualifications, experience, and alignment with the City’s vision. This is not an RFP, and no detailed design or financial proposal is required at this stage.

Introduction & Purpose
Master Developer RFQ | 9
The City envisions a sports-anchored, mixed-use destination that will include (but is not limited to):
• A City-owned indoor sports and recreation center, designed for youth and amateur sports tournaments and community sports use, as well as an indoor/outdoor adventure park.
• Privately funded and developed uses such as:
+ Hotels and lodging
+ Restaurants, retail, and family entertainment
+ Mixed-use commercial spaces
+ Residential (for-sale or rental, market rate and/or attainable) + Public gathering spaces, trails, plazas, and open spaces The district should serve as a regional attraction for the City of Tulare, Tulare County, and the Central Valley, drawing visitors from throughout California and beyond for events, tournaments, recreation, dining, and entertainment.

Project Overview & Vision
Master Developer RFQ | 10
The City of Tulare engaged Victus Advisors (or “Victus”) in August 2024 to conduct a market analysis and economic feasibility study for a potential new entertainment district in Tulare. Victus’ primary study goals included Market Demand Analysis, Market Gap & Opportunity Analysis, Operating Projections & Financial Analysis, and Economic/Fiscal Impact & Funding Analysis.

In March 2025, Victus presented key findings of the feasibility study to Tulare City Council, including but not limited to:
• There is a population of approximately 173,000 people within a 15-minute drive-time of Tulare, and a population of over 504,000 people within a 30-minute drive-time, and close to 2 million people within a 1-hour drive.
• Tulare’s location on State Route 99 is a key asset, as there are significant traffic volumes on that highway. In addition, Tulare has the opportunity to be a destination for families moving from California’s coastline due to the growing cost of living. • Strong existing attractions in Tulare include the Tulare Outlet Mall, The International Agri-Center, and multiple outdoor sports fields.
• Youth/amateur sports tourism and “eat-ertainment” concepts were both noted as particular opportunities for development in Tulare that could both attract new visitors and drive long-term residential growth and development. Such a sports/ entertainment-anchored real estate development district has strong support from the City of Tulare and it’s public/private stakeholders.
• From a sports tourism standpoint, it appears that the City of Tulare is in a positive geographic location that can draw visitation from a multi-state region if an indoor sports center with multiple courts (typically at least 6-8 basketball/volleyball courts).

Project Background
Master Developer RFQ | 11
• Market analysis suggests an entertainment sector can be successful. Because population numbers are strong within the 1-hour drive-time, there’s little concern regarding visibility. In addition, a younger population with a high percentage of family households indicates that people will be more inclined to visit family-oriented entertainment.
• Other potential entertainment district amenities to serve both local residents and new visitors could include Hotel/Hospitality, Restaurants, Retail, and Other Family Entertainment Centers. Compatible adjacent development could also likely include residential multi-family and single-family, due to the growing demand for new housing stock in Tulare.

Over the remainder of 2025, the City and Victus completed the following additional steps:
• Completed additional operating and financial feasibility financial analysis for the indoor sports center, including estimated annual market demand for upwards of 18,000 court hours; 30 tournaments of varying lengths/sizes; 580,000 attendees; $18 million in visitor direct spending; and 40,000 hotel nights.
• Identified an up to 300-acre property for development of the indoor sports center, entertainment district, and additional private development. • Continued refinement of the project funding plans for the indoor sports center and entertainment district.
• Conducted exploratory interviews with the mixed-use real estate development community regionally and nationally regarding best practices for sports/entertainment district development via public-private partnership (“P3”). • Drafted and issued this RFQ for a Master Developer to lead the funding, design, build, and commercialization of the private sector components of the entertainment district and additional adjacent mixed-use development opportunities.

Master Developer RFQ | 12
Up to 300 acres are available for this development through a cooperative agreement with a private landowner. The City does not currently own the land but has secured the landowner’s willingness to make it available for development in partnership with the City and Master Developer.

A map of the land area is attached to this RFQ. Final site boundaries, parcelization, and land transaction structure (e.g. fee simple sale, ground lease, joint venture, etc.) will be determined during negotiations with the selected Master Developer and the landowner.

The site is strategically located along State Route 99, California’s primary north–south corridor connecting the Central Valley to major metropolitan markets. Its visibility and accessibility make it an ideal location for a regional entertainment and mixed-use district.

The City and CalTrans are currently advancing a major infrastructure initiative to improve mobility and access along this corridor. The Highway 99 Expansion Project will widen approximately 5.4 miles of freeway from four to six lanes, from just south of the Avenue 200 overpass to just north of the Prosperity Avenue overpass. The project includes Site & Land Framework
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The City intends to finance, own, and deliver the following public components as Phase 1 anchors of the proposed entertainment district, separate from the Master Developer agreement:
+ Indoor Sports Center
+ Indoor/Outdoor Adventure Park
The City intends to retain professional service providers to design, build, and operate these two anchor venues.

Regarding public infrastructure, the City may finance or co-finance infrastructure including roadway extensions, utilities, grading, drainage, parking, landscaping, and public plazas using tools such as, but not necessarily limited to:
+ Bonds (GO or revenue)
+ Enhanced Infrastructure Financing District (EIFD)
+ Sales or hotel tax revenues (TOT/TBD)
+ Grants or state/federal funding
City-Led Public Facilities & Infrastructure
reconstruction of four freeway ramps, new roundabouts at ramp terminals and nearby intersections, and the addition of 10-foot-wide shared-use paths on both sides of Paige Avenue to enhance bicycle and pedestrian connectivity.

This $162 million investment—supported by $43.6 million in state funding and $186.5 million in federal funding—represents the largest joint infrastructure effort between the City of Tulare and CalTrans. Construction is expected to be completed by fall 2029, further strengthening access to the project site and positioning the area for long-term growth.

Final site boundaries, parcel configuration, and land transaction structure (such as fee simple sale, ground lease, or joint venture) will be determined during negotiations between the City, the landowner, and the selected master developer.

Master Developer RFQ | 14
The selected Master Developer (including sub-consultants and/or sub-developers proposed as members of the respondent’s team) will be expected to:
• Lead master planning and vertical development of all private components. • Coordinate site planning with City-owned indoor sports/recreation complex and infrastructure.
• Work collaboratively with the City and private landowner regarding land transfer, phasing, and development parcels.
• Design and construct mixed-use components such as retail, hotels, entertainment venues, restaurants, housing, and office/commercial uses. • Finance private development components, with potential public support subject to negotiation.
• Engage qualified sub-developers and operators when appropriate. • Participate in community engagement processes through all stages of planning and development.

Master Developer’s Role & Responsibilities
This project will require a flexible but clearly defined partnership framework between:
• City of Tulare - Public owner of the indoor sports/recreation complex, infrastructure facilitator, entitlement support.
• Private Landowner - Provides up to 300 acres for development under negotiated structure between Landowner-City-Master Developer.
• Master Developer - Leads planning, financing, design/build, and commercialization of private development components.

Public-Private Partnership Structure
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The City is open to negotiating incentive tools appropriate to the scale and impact of the project, which may include:
• Public infrastructure improvement (roads, utilities, grading, etc.) • EIFD formation (Enhanced Infrastructure Financing District) • Tax revenue sharing (sales tax, TOT, property tax increment) • Land participation or structuring support with private landowner • Expedited entitlement and permitting coordination
Available Public Incentives
(Subject to Negotiation)
Potential land transaction structures may include, but may not necessarily be limited to:
+ Fee simple purchase
+ Ground lease
+ Land contribution as equity in joint venture
+ Combination of land sale and lease for different phases Master Developer RFQ | 16
RFQ responses must be organized in the following six (6) sections:

1. Letter of Interest & Statement of Understanding re: Public-Private Collaboration with the City and Landowner

2. Respondent’s Preliminary Vision for the District
a. Please provide sufficient detail to demonstrate your understanding of the opportunity, regional market context, and site location. b. Describe your team’s preliminary vision for the district’s potential size, scale, character, theming, anchor uses, and mix of complementary private development components (e.g., hospitality, entertainment, retail, residential, public spaces, etc.). c. Additional consideration will be given to responses that reflect:
+ An understanding of how the district can function as a regional destination for youth sports, tourism, entertainment, and community use; + A vision that complements and enhances the City-led indoor sports/recreation complex;
d. Sensitivity to phasing, feasibility, and market absorption; particularly in the context of Tulare and the greater San Joaquin Valley;
e. Creative, realistic approaches to place-making, activation, architectural character, and integration of public spaces;
f. Strategies for year-round programming, economic sustainability, and long-term district sustainability.

3. Development Team Overview
a. Lead firm information
b. Information for proposed sub-consultants and/or sub-developers (e.g. design, build, finance, operate, etc.)
Response Requirements
Master Developer RFQ | 17
c. Project organizational chart
d. Resumes of key personnel and their roles

4. Relevant Experience & Qualifications
a. Provide case studies for at least three (3) comparable projects, e.g. sportsanchored, mixed-use, entertainment districts, or similar major P3 developments b. Please clarify the specific role(s) of respondent (and sub-consultants/developers) within each relevant project case study

5. Financial Capacity
a. Overview of firm’s financial resources and access to capital b. Statement on ability to finance private components
c. Disclosure of any bankruptcies, defaults, or litigation in last 10 years

6. References
a. Provide three (3) references, including at least one public-sector partner from a prior P3 development
b. Respondents are responsible for selecting and notifying their references prior to submitting this RFQ response. Please ensure that listed references are willing and able to respond in a timely manner. Failure of references to respond may negatively impact the evaluation of the proposal by the selection committee.

Master Developer RFQ | 18
Submissions will be evaluated based on:
+ Alignment with City’s vision
+ Relevant development experience
+ Public-private partnership success history
+ Financial strength and access to capital
+ Ability to collaborate with City and private landowner + Quality of project team
The City will determine whether to hold interviews with any or all respondents, based solely on the discretion of the City. If interviews are held, the City will not be liable for any costs incurred by the respondents in connection with any such interviews that may occur.

The City will have substantial discretion to decide which responsible and qualified proposal (if any) represents the best value. The City may negotiate with any, all, or none of the respondents prior to entering into an agreement.

Evaluation Criteria
RFQ Issued TBD
Optional Pre-Submittal Meeting TBD
Questions Due TBD
City Responses to Question Due TBD
Shortlisted Teams Announced TBD
Interviews (if necessary) TBD
Developer Selection TBD
Scoping Agreement Executed TBD
RFQ Schedule

1. Victus Advisors Feasibility Studies - https://www.tulare.ca.gov/government/ departments/economic-development/projects/entertainment-district

2. City of Tulare Annual Report - https://www.tulare.ca.gov/home/ showpublisheddocument/23665/638931796044270000

3. Map of Proposed Location for Sports Center, Entertainment District, and Mixed-Use Development - see next page
Additional Relevant Information
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Staff Report
Meeting: City Council
Date: November 18, 2025
Department: City Manager
Submitted by: Thomas W. Gaffery IV, Assistant City Manager Agenda Title: Commercial Cannabis Business Ordinance Revisions

RECOMMENDED ACTION
Pass-to-print an ordinance repealing and replacing Section 5.96.030 of Chapter 5.96 (Commercial Cannabis Businesses) of Title 5 of the Tulare Municipal Code related to commercial cannabis business operating hours.

SUMMARY
Staff recently learned that the three commercial cannabis businesses (Businesses) are operating past the 8 p.m. limitation contained in the City’s current ordinance. State law allows for these Businesses to operate until 10 p.m., subject to local ordinances. Staff conducted a review of operating hours in other jurisdictions. In consultation with the Police Department, there are no concerns with allowing Businesses to operate until 10 p.m. Additionally, it was requested to have a 6:00 a.m. opening time annually to accommodate Black Friday events.

FISCAL IMPACT & FUNDING SOURCES
Extended operating hours will likely result in additional tax revenues.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

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

PUBLIC NOTICE
A notice of public hearing was published in The Visalia Times Delta on November 5, 2025, which is at least ten days prior to the public hearing.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Ordinance
Reviewed/Approved:

Item #: 9.1
Public Hearing
ORDINANCE 2025-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REPLACING SECTION 5.96.030 OF CHAPTER 5.96 (COMMERCIAL CANNABIS BUSINESSES) OF TITLE 5 (BUSINESS REGULATIONS) OF THE TULARE MUNICIPAL CODE WHEREAS, commercial cannabis business regulations were adopted by the Tulare City Council by Ordinance 19-12, on April 21, 2020; and
WHEREAS, commercial cannabis operations and their corresponding tax provide funding for important City programs and services; and
WHEREAS, the current 8:00 a.m. to 8:00 p.m. operating hours were set based on uncertainty of how commercial cannabis business would integrate into the City’s retail environment; and WHEREAS, commercial cannabis business operations have been unproblematic; and WHEREAS, the Tulare City Council now desires to make changes to said operating hours.

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

SECTION 1. Section 5.96.030 of Chapter 5.96 of Title 5 of the Tulare Municipal Code is hereby repealed and replaced with the following:

5.96.030 Commercial cannabis business minimum operational requirements and restrictions.

The following operational requirements and restrictions shall apply to all commercial cannabis businesses:
(A) State law. The commercial cannabis business shall at all times be in compliance with state law and the implementing regulations, as they may be amended from time to time, as well as all required state licenses under state law, and any other applicable state law. The operator shall obtain required licenses under state law prior to opening for business. If the operator uses the approved cannabis operations for commercial recreational cannabis, the operator shall meet or exceed the health and safety requirements of state law in any operations relating to recreational cannabis. (B) Register of employees. The operator shall maintain a current register of the names of persons required to have employee permits. The register shall be available to the City Manager or their designee at all times, and immediately upon request.
(C) Signage. Signage which advertises the business shall be allowed. However, there shall be no signage, markings, text, logos, artwork, etc., on the premises, or off-site, which in any way evidences that commercial cannabis businesses are occurring on the property. Interior building signage evidencing commercial cannabis business is occurring on the property is permissible provided the signage is not visible outside of the building. Signage must comply with all other city requirements for signage. (D) Cannabis consumption. No cannabis shall be smoked, ingested or otherwise consumed on the premises. Adequate signage of this prohibition shall be displayed throughout the facility. (E) Alcoholic beverages. Alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the premises.
(F) Distribution. Distribution of cannabis into city limits to a cannabis business shall be conducted according to state law.

ORDINANCE 2025-XX

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(G) Minors. It shall be unlawful for any operator to employ any person who is not at least 21 years of age, or any older age if set by the state.
(H) Distance separation from schools and residences. Commercial cannabis business shall comply with the distance separation requirements from residences and schools as required by state law. In addition, a cannabis operation shall not be located within 600 feet from any existing residence, school, or proposed school site as identified in the general plan. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1 through 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. (I) Hours of operation. Commercial cannabis operations shall be allowed to operate between 8:00 a.m. and 8:00 p.m.10:00 p.m. unless more restrictive times are established by agreement with the City.

Deliveries to the commercial cannabis business may only take place, and must be completed, during regular business hours.
(J) Building and related codes. Commercial cannabis operations shall be subject to the following requirements:
(1) The premises in which the cannabis business occurs shall comply with all applicable local, state and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the Building Official of the city. The operator shall obtain all required building permits and comply with all applicable city standards. (2) The responsible party shall ensure that the premises has sufficient electrical load for the storage of cannabis. The use of generators is prohibited other than for temporary emergency use. (3) Employee training records and safety equipment must be maintained, and all equipment must be compliant with state safety regulations in §§ 40100 through 41099, as they may be amended.

The Tulare Police Department shall inspect and approve the premises for use of the products prior to city's issuance of a certificate of occupancy, or otherwise prior to opening for business, to ensure compliance with this requirement.
(K) Odor control. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is not detected outside the premises, outside the building housing the cannabis business, or anywhere on adjacent property or public rights-of-way. As such, Cannabis businesses must install and maintain the following equipment or any other equipment which the City Building Official determines has the same or better effectiveness, if a smell extends beyond a property line:
(1) An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally; or
(2) An air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility.
(L) Secure building. All commercial cannabis operations shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without limitation, commercial greenhouse structures), and include material strong enough to prevent entry except through an open door. Notwithstanding the foregoing, the roof may be of solid translucent material provided other security measures exist to ensure that the ORDINANCE 2025-XX

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cannabis operation cannot be seen, heard or smelled beyond the property line. The precise building construction and material to be used shall be identified and provided to the city prior to construction and provided with the application.
(M)Premises security. The City Council shall set premises security requirements by resolution and the Chief of Police shall enforce.

SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 3. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this XX day of XXXX 202X, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

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

Passed to Print:

Published:

Effective:

COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.

NAME OF REQUESTING COUNCILMEMBER TODAY’S DATE AGENDA DATE

ITEM TITLE

BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Item #:
Future Agenda Item
Stephen Harrell 10/29/2025 11/18/2025
Discuss assisting Amvets Post 56 in moving the B-17 Bomber and F-4 Phantom to the North side of the Mefford hangar.

Both the B-17 and the F-4 attract many people traveling Highway 99, both aircraft have been mentioned in travel magazines and news articles.

Amvets post 56 was notified by CalTrans that with the widening of Highway 99 both aircraft will have to be moved along with fencing and the memorial dedicated to those from Tulare that died in service to their country in VietNam.

The Amvets post is still awaiting approval from the Air Force on moving the B-17. Since the B-17 still belongs to the Air Force if it cannot be moved several other cities have requested it be given to them. The F-4 was purchased outright.

When Cyclum made their presentation to council on their project I asked the presenter about moving the aircraft to the North side of the hanger he stated "that he came from an Air Force family and they would love to have both aircraft located their." Valley Aircraft has moved both aircraft before and has the ability to do it again.

I request council to consider directing staff to start working with Amvet's post 56 and Cyclum in making necessary arraingements to get both aircraft moved to a safe location so they can still be seen from Highway 99 and be a part of Cyclum's project.

Stephen C. Harrell Dist. 3

Tulare City CouncilNovember 18, 2025

Tulare City Council
November 18, 2025