Agenda packet — Tulare City Council, December 16, 2025 (part 1 of 3)

City of Tulare Page 1 of 5
Tulare Public Library & Council Chamber Tuesday, December 16, 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, December 16, 2025
City of Tulare Page 2 of 5

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - John Maher, Pastor of Calvary Chapel Tulare, to deliver an invocation.

3. PROCLAMATIONS & RECOGNITIONS

3.1 Recognize the Tulare Western Water Polo Team for Accomplishments.

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

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

6. COUNCIL REPORTS AND ITEMS OF INTEREST

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

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

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

7.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of December 2, 2025. [M. Wilcox]

7.3 Cancel the January 6 Meeting.

Recommended Action: Cancel the regular meeting of January 6, 2026. [M. Wilcox]

7.4 Second Reading and Adoption of Ordinance 2025-15.

Recommended Action: Adopt Ordinance 2025-15 to amend Chapters 3.04 and 3.08 of Title 3 (Fire Regulations) of the Tulare Municipal Code. [R. Leonardo]

7.5 Second Reading and Adoption of Ordinance 2025-16.

7.6 Economic Development Updates.

Recommended Action: Receive an update on economic development activities. [J. Gomez] City Council Meeting Agenda Tuesday, December 16, 2025
City of Tulare Page 3 of 5

7.7 Acceptance and Appropriation of 2024 CalHome Program Grant.

7.8 Amendment to 4Creeks, Inc. Contract for Business Incubator Makers Space.

7.9 Notice of Completion - 2025 Cape Seal Project.

7.10 Construction Award PK0039 Alpine Property Improvements.

Recommended Action: [M. Miller] Award and authorize the City Manager to sign contracts related to CIP Project “PK0039 Alpine Property Improvements”; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount; appropriate an additional $45,795 of funding from Fund 400 – Other General Fund CIP; and approve the revised project sheet.

7.11 Tulare Fire Chief Officer Group MOU.

Recommended Action: Approve a three-year Memorandum of Understanding (MOU) between the City and Tulare Fire Chief Officer Group; and authorize the City Manager to execute; and delegate to the City Manager authority to execute any technical changes if necessary for CalPERS compliance. [T. Gaffery]

7.12 Fiscal Year 2026 Salary Schedule Update.

7.13 Elk Bayou Nature Preserve Master Plan.

Recommended Action: Award and authorize the City Manager to negotiate and execute a Professional Services Agreement with Dudek, Inc. of Bakersfield in the amount of $246,440 for preparation of the Elk Bayou Nature Preserve Master Plan; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($24,644) of the total contract amount; and approve a Resolution to appropriate $271,084 in fund balance from within the Parks/Recreation Facilities & Equipment Development Impact Fees (DIF) Fund. [C.

Orr]
City Council Meeting Agenda Tuesday, December 16, 2025
City of Tulare Page 4 of 5

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

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

8.1 Board, Commission, and Committee Appointments.

8.2 Amphitheater Concert Series Annual Report and Contract Amendment.

8.3 Amendment to the City of Tulare’s Budget Policies & Practices.

Recommended Action: [M. Roberts] Approve an amendment to the City of Tulare’s Budget Policies & Practices and establishment of reserve and trust balances, which includes:
1) establishing an Irrevocable Supplemental Pension Reserve Trust policy; 2) establishing an Other Post-Employment Benefits (OPEB) Reserve policy; 3) authorizing transfers of $4.0M and $0.5M from Workers’ Compensation Fund fund balance to the Irrevocable Supplemental Pension Reserve Trust and OPEB Reserve, respectively;
4) amending the Workers’ Compensation reserve policy, to increase the reserve’s target balance level;
5) designating $4.0 million of current Workers’ Compensation Insurance Fund fund balance as the Workers’ Compensation Reserve; and
6) expanding provisions of the current General Fund Economic Contingency Reserve to be applicable to other reserves.

9. FUTURE AGENDA ITEMS - NONE SUBMITTED

10. STAFF UPDATES

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

11.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): 1 case

11.2 Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(d)(4): 1 case

11.3 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representatives: City Attorney Zamora, City Manager Mondell, Assistant City Manager Gaffery, Deputy City Manager Bowling, Human Resources Director Venegas Employee Organization(s): Tulare Professional Firefighters Association

12. RECONVENE FROM CLOSED SESSION

13. 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.

City Council Meeting Agenda Tuesday, December 16, 2025
City of Tulare Page 5 of 5

14. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, January 6, 2026, 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 and 54956, 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, December 12, 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: December 16, 2025 Agenda Memo
Date: December 12, 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 - John Maher, Pastor of Calvary Chapel Tulare, to deliver an invocation.

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

3.1 Recognize the Tulare Western Water Polo Team for Accomplishments.

5. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council Meeting to be considered for this section of the agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 5:55 p.m.]

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 5:55 p.m.] Tulare City Council Meeting Page 2 of 23
Agenda Memo - December 16, 2025

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

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

7.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of December 2, 2025. [M. Wilcox]

7.3 Cancel the January 6 Meeting.

Recommended Action: Cancel the regular meeting of January 6, 2026. [M. Wilcox] Summary: The January 6, 2026 regular meeting falls immediately following the New Year’s holiday. At this time, there are no pressing or time-sensitive items scheduled for Council consideration. Additionally, multiple staff members will be out of the office during the days leading up to the meeting due to the holiday schedule, which may impact preparation and attendance.

Cancelling the January 6 meeting would allow staff and Council to return from the holiday period with adequate time to prepare for upcoming agenda items. Should any urgent matters arise, a special meeting may be scheduled in accordance with the Brown Act.

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.

7.4 Second Reading and Adoption of Ordinance 2025-15.

Recommended Action: Adopt Ordinance 2025-15 to amend Chapters 3.04 and 3.08 of Title 3 (Fire Regulations) of the Tulare Municipal Code. [R. Leonardo] Summary: The 2025 California Fire Code has been incorporated into Title 24, as Part 9 of the California Code of Regulations and it will take effect on January 1, 2026. California Health & Safety Code Section 17958.5 authorizes the City, by ordinance, to make changes or modifications to the requirements contained within the provisions of the California Fire Code and other regulations adopted pursuant to California Health & Safety Code Section 17921(a) that result in more stringent local requirements.

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Agenda Memo - December 16, 2025
The local amendments proposed for adoption are limited to those essential to effectively administer code responsibilities in daily operations and to maintain previous amendments as approved by City Council relating to fire and life safety. These amendments are listed in Chapter 3: Fire Regulations of the City Code.

The proposed ordinance was first introduced and passed-to-print on December 2, 2025. There have been no changes to the ordinance since introduction.

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. If the amended ordinance is not adopted, the City would be unable to enforce any local modifications to the California Fire Code.

7.5 Second Reading and Adoption of Ordinance 2025-16.

Recommended Action: Adopt Ordinance 2025-16 to approve Zone Amendment 765 to apply the Mixed Use (MU) Overlay zone in order to facilitate the construction of a mixed-use development to be located on the south side of Corvina Avenue, west of Hillman Street (APN 166-250-093). [S. Sopp]
Summary: This is a request by Holmes Properties LLC to apply the Mixed Use (MU) Overlay zone in order to facilitate the construction of a mixed-use development. The development is proposed to be located on the south side of Corvina Avene, west of Hillman Street (APN 166- 250-003). The development proposes to construct 8 duplexes (16 units) and approximately 4,000 sq. ft. of commercial building space.

The subject property is designated Community Commercial within the general plan and is zoned C-3 (Retail Commercial). Chapter 10.080 – Land Use Tables of the City of Tulare Municipal Code lists multiple-family dwellings as being allowed in the C-3 zone “only as part of a mixeduse development.” Chapter 10.46 – Mixed-Use Overlay Zone states, “applications for incorporation into the Mixed-Use Overlay zone shall be processed consistent with Chapter

10.86 – Zoning Amendments.” The applicant has submitted this request in order to apply the mixed-use overlay zone consistent with the ordinance.

On October 27, 2025, the City of Tulare Planning Commission voted 3-0 with two commissioners absent to recommend that the City Council approve Zone Amendment No. 765.

Staff has reviewed the proposed development and has found it to be consistent with Chapter

10.46 – Mixed-Use Overlay Zone. The project meets the required development standards set for the zone such as density, setbacks, building height, allowed uses etc. Staff believe that the findings required to be made per Chapter 10.46.050, found below, can be made.

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Agenda Memo - December 16, 2025

FINDINGS
A. That the site for the proposed development is adequate in size and shape to accommodate the uses, densities, and intensities of development and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscape, and other features required.

B. That the traffic generated by the proposed development and the public services and facilities required can be provided by existing and planned infrastructure.

The proposed ordinance was first introduced and passed-to-print on December 2, 2025. There have been no changes to the ordinance since introduction.

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

Environmental Review: The proposed Zoning Ordinance Amendment is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Section 15332.

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.

7.6 Economic Development Updates.

Recommended Action: Receive an update on economic development activities. [J. Gomez] Summary: Attached is the November 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.

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Agenda Memo - December 16, 2025
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.

7.7 Acceptance and Appropriation of 2024 CalHome Program Grant.

Recommended Action: Accept and appropriate a 2024 CalHome Program Award in the amount of $1,000,000 from the California Department of Housing and Community Development; and authorize the execution of a standard agreement, any amendments thereto, and any related documents necessary to participate in the CalHome Program. [A. Costales] Summary: The California Department of Housing and Community Development (HCD or Department) released the 2024 Homeownership Super Notice of Funding Availability (HOSN) in December 2024 for approximately $176.8 million in funds for the following programs:

CalHome Program ($143.1 million); and, Joe Serna, Jr. Farmworker Housing Grant Program – Homeownership (“Serna Homeownership”) ($33.7 million). The City of Tulare, with Self-Help Enterprises, received City Council’s permission to apply to the HOSN, via Resolution No. 2025- 13, for $1,000,000 in CalHome grant funds to implement First Time Homebuyer Mortgage Assistance (MA) and Owner-Occupied Rehabilitation (OOR) activities.

The City received a conditional award letter, dated October 27, 2025, from HCD regarding the conditional award of $500,000 for Mortgage Assistance and $500,000 for Owner Occupied Rehabilitation activities. The conditional award of $1,000,000 in 2024 CalHome Program funds is based on and subject to the representations of the City’s application to the 2024 HOSN and other terms and conditions identified by HCD. Further, HCD requested that the City submit a new resolution accepting said award and related obligations, that identifies the Mayor as an “authorized representative” per California Government Code § 40602. This section states, among other measures, that “The mayor shall sign a) all warrants drawn on the city treasurer b) all written contracts and conveyances made or entered into by the city and c) all instruments requiring the city seal.” The City’s previously submitted Resolution No. 2025-13, did not list the Mayor as an authorized representative. As such, City staff prepared a new resolution as part of accepting the 2024 CalHome award and preparation for executing a standard agreement (contract no. 25-CalHome-18734) with HCD.

CalHome Program Background
CalHome funding provides Loans and Grants to Local Public Entities and Nonprofits for Homeownership Development Projects, Self-Help Technical Assistance Projects, Mortgage Assistance Programs, Owner-Occupied Rehabilitation Programs, ADU/JADU Programs, Shared Housing Programs and Programs for the Acquisition of Manufactured Housing for Agricultural Households. The administration of the CalHome and Serna Programs are governed by the applicable Program Guidelines that implement, interpret, or make specific the following laws:
• The CalHome Program was established by Chapter 6, commencing with §50650) of Part 2 of Division 31 of the California Health & Safety Code (“HSC”); • The Serna Program was established by Chapter 3.2 (commencing with §50515.2) of Part 2 of Division 31 of the HSC. The Serna Guidelines referenced in this HOSN apply only to the Homeownership elements of Serna. Rental housing development activities are governed under a separate set of Program Guidelines;
• Building Homes and Jobs Act (Sen. Bill No. 2 (2017-2018 Reg. Sess.) § 1); and, • Veterans and Affordable Housing Bond Act of 2018 (Sen. Bill No. 3 (2017-2018 Reg.

Sess.) § 1) which was adopted by voters on November 6, 2018, as Proposition 1, provided funding for the CalHome and Serna Programs and authorized the Department to Tulare City Council Meeting Page 6 of 23
Agenda Memo - December 16, 2025
administer the Programs through the Guidelines. These Guidelines were explicitly exempt from the requirements of the Administrative Procedures Act (Chapter 3.5).

The 2024 HOSN and the City’s implementation of CalHome activities are governed by the Calhome Final Guidelines (2024). As such, the City and its subrecipient, Self-Help Enterprises, must implement the planned First-Time Homebuyer Mortgage Assistance (commencing with Guidelines §402) for Loans to Eligible Households as defined in Guidelines §203 and the Occupied Rehabilitation Assistance (including repair, full reconstruction, or the addition of an ADU or JADU) (Guidelines §403) for Loans to Eligible Households as defined in Guidelines §203. The City currently leverages CalHome reuse funds (i.e., program income created by the repayment of loans issued to eligible borrowers through past CalHome grants) for MA and OOR activities. And, if approved, receipt of a 2024 CalHome award would constitute the most recent allocation under the CalHome since a 2008 award of CalHome funds.

Fiscal Impact & Funding Source(s): Acceptance of a 2024 CalHome Program award will impact Fund 310 and Account 751 by way of a new appropriation across Fiscal Years 2026, 2027, and/or 2028. As a grant, the award involves reimbursement for eligible expenses up to $1,000,000 between the City and its subrecipient.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Mayor Patrick Isherwood, as an employee of Self-Help Enterprises, the planned subrecipient of 2024 CalHome funds, has declared a conflict of interest and will recuse themselves.

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 the 2024 CalHome grant is not accepted by City Council, then the City will forfeit access to the conditional award of $1,000,000 and jeopardize future grant applications with HCD involving CalHome and/or related state programs.

7.8 Amendment to 4Creeks, Inc. Contract for Business Incubator Makers Space.

Recommended Action: Authorize the City Manager to sign a contract amendment with 4Creeks, Inc of Visalia, CA. in the amount of $38,800 for design and construction support services associated with CIP Project “FM0051 – Business Incubator Makers Space”; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of contract amendment; appropriate additional funding in the amount of $42,680 from General Fund CIP; and approve the revised CIP project sheet. [M. Miller] Summary: The City of Tulare was successfully in securing federal funding to develop the Tulare Business Innovation Zone (TBIZ) business accelerator. This initiative supports the creation of new small businesses, generates job opportunities, provides training for underserved populations, and promotes financial growth for local residents. A key component of this effort is the development of the TBIZ Maker's Space, which plays a vital role in the business accelerator.

This space fosters both short-term economic recovery and long-term resilience for the City of Tulare and the broader region, particularly as small businesses continue to recover from effects of the COVID-19 pandemic. The Maker's Space will be equipped with essential tools such as Tulare City Council Meeting Page 7 of 23
Agenda Memo - December 16, 2025
3D printers, laser cutters, CNC machines, soldering irons, and sewing machines. These resources will create an environment where emerging businesses can receive hands-on training, access wraparound services, and develop prototypes and products. This initiative is supported by key collaborative partners, including the Tulare Chamber of Commerce, Small Business Development Center, U.S. Commercial Service, Tulare County Workforce Investment Board, College of the Sequoias, Tulare County Economic Development Corporation, Southern California Edison, and others.

Design services are required to prepare the necessary permit-ready plans and estimates for the required improvements, and to assist City staff during their construction. On July 8, 2022, City Council approved a contract with 4Creeks Inc. in the amount of $352,647.00 for design and construction support services associated with CIP Project “FM0046 – Court House Renovation”.

A contract amendment with 4Creeks, Inc. is proposed for the additional services desired. 4Creeks, Inc. provided the attached contract amendment proposal, which staff has reviewed and determined to be reasonable and consistent with current construction practices.

Fiscal Impact & Funding Source(s): CIP Project “FM0051 – Business Incubator Maker Space” has the following funding sources programmed in the 2025-2030 CIP:
• Other General Fund CIP - $220,325.93
• Federal Appropriation - $597,874.07
An additional funding appropriation in the amount of the proposed contract amendment and associated 10% contingency is required ($42,680). Adjustment of the federal appropriation is not possible. The additional funding required is proposed to come from Other General Fund CIP, resulting in the revised funding shown below and reflected in the attached revised CIP project sheet:
• Other General Fund CIP - $263,005.93
• Federal Appropriation - $597,874.07
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: The original contract with 4Creeks, Inc. was subject to City Attorney review. No additional legal review is required for the proposed contract amendment.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes - Staff would work to incorporate any changes or recommendations directed by City Council; 2) Deny - Should Council not wish to utilize the contract amendment alternative to obtain necessary services, staff could request proposals from other consultants that the City has on-call contracts with. This would result in significant delay to the project. Failure to complete the project could jeopardize the federal funding obtained for the project. Significant expenditure of federal funds has already occurred in the Tulare City Council Meeting Page 8 of 23
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purchase of equipment and supplies for the Makers Space; or 3) Table - Tabling the item would result in a delay to the project.

7.9 Notice of Completion - 2025 Cape Seal Project.

Recommended Action: Accept as complete the contract with VSS International, Inc. of West Sacramento, CA, for the 2025 Cape Seal Project. Authorize the Public Works Director to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [T. Whitfield]
Summary: The 2025 Cape Seal Project was awarded at the July 15, 2025 City Council meeting to VSS International, Inc. of West Sacramento, CA in the amount of $984,325. The project consisted of mobilization & demobilization, traffic control, applying 112,004 square yards of Asphalt Rubber Chip Seal (3/8” Grading) and 112,004 square yards of Micro-Surfacing (Type II). The streets that received treatment were as follows:
• Kaweah Drive, Helene Street, Finch Avenue, Sedro Street, and Boyer Drive • Washington Avenue, Mark Twain Avenue, Dickens Avenue, Michell Avenue, Hemingway Court, and Alcott Street
• Champagne Street, Bettinelli Court, York Mountain Court, Firestone Street, Arneis Avenue, Malvasia Avenue, and Cortese Street
• Maricopa Street, Marin Street, Shasta Avenue, Stafford Court, Mendocino Court, Trinity Court, and Napa Court
• Olema Avenue, Santa Cruz Avenue, Capistrano Avenue, Denair Street, Omega Avenue, Milner Street, Short Avenue and Alpha Street
All work required of VSS International under this contract has been completed in accordance with the bid specifications. There were no change orders, and the project was completed at the contract amount of $984,325. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount.

Fiscal Impact & Funding Source(s): This project was funded by the Annual Transportation – Maintenance Account, which has a balance of $1,200,607. The City also received a grant from the CalRecycle Rubberized Pavement Grant Program for $64,073.

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 VSS International, Inc. at this time, it will prevent the City from releasing payment of the retention amount owed to the Contractor and prevent the City from filing a Notice of Completion with the County. This also would postpone 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.

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7.10 Construction Award PK0039 Alpine Property Improvements.

Services Contractor Amount
Construction Contract Clean Cut Landscaping Corp. $294,062.60 Construction Inspection 4 Creeks $25,000
Geotechnical Testing Krazan $11,700
Surveying Lane Engineers $17,260
Labor Compliance Labor Consultants of California $8,273 Summary: Within the Cambridge Homes subdivision, located north of Bardsley Avenue and east of Mooney Boulevard, six acres of property at the southeastern corner of Alpine Avenue and Nelder Grove Street was donated to the City of Tulare for the purposes of park and open space development. Consequently, the site has remained undeveloped since its donation. On December 19, 2023, the City Council authorized the City Manager to execute a lease agreement with the Tulare City School District for the aforementioned property. Staff requested a proposal from Lane Engineers, Inc., of Tulare, California, for design and construction support services related to frontage improvements. Lane Engineers submitted a proposal to perform the specified scope of work for $49,900. Various contracts are required for this project. In addition to the actual construction contract, it will be necessary to supplement City staff with various consultant services from the City’s on-call consultants.

1. Construction Contract: Unified Field Services
Request for bids #26-830 for Alpine Property Improvement project was first advertised on November 4, 2025, and was available for 30 days after the initial advertisement. On December 4, 2025, seven bids were opened, with costs ranging from $294,062.60 to $492,771.00. The project sheet for Alpine Property Improvements was approved by Council in the 2023-2028 transportation and utility CIP program budget on June 20, 2023. The bids were evaluated and determined to be responsive to the requirements and instructions contained in the bid documents.

The bid opening results are as follows:
• Clean Cut Landscaping $294,062.60
• Mac General $312,151.49
• Cen-Cal $319,555.00
• Romanazzi $321,945.00
• Terra West $322,714.00
• Dawson-Mauldin $357,242.00
• BDM $492,771.00

2. Construction Inspection: 4 Creeks
Given the high volume of projects across the city, both private and public, the City lacks the inhouse staff capacity to conduct the necessary construction inspections for the Alpine Property Improvement Project. Public improvement projects require contract compliance inspections. 4 Creeks of Visalia, CA, is included on the list of pre-qualified On-Call Construction Management, Resident Engineer, and Inspection Consultants. The company has demonstrated Tulare City Council Meeting Page 10 of 23
Agenda Memo - December 16, 2025
in its proposal that it possesses the necessary skills, expertise, and resources to meet the City’s needs within the required timeframe for completing the project. 4 Creeks has reviewed the scope of this project and has proposed to perform construction inspection services on a timeand-materials basis, not to exceed $25,000, in accordance with the provisions of their on-call contract. This amount aligns with industry standards and matches what the City has experienced on projects with similar scopes of work.

3. Material Testing: Krazan
While the project is under construction, we will need to perform material testing to ensure compliance with City standards. These tests, including laboratory work, exceed the capabilities of the City’s own testing facilities.

Krazan of Clovis, CA, is listed among the pre-qualified On-Call Geotechnical and Materials Testing consultants. Their proposal demonstrates that they have the skills, expertise, and resources necessary to meet the City’s requirements and deadlines for this project. Krazan has reviewed the scope and proposed to perform the required services on a time-and-materials basis, not to exceed $11,700, in accordance with their on-call contract. This figure aligns with industry standards and is below the estimated cost for these services.

4. Construction Surveying: Lane Engineers
During construction, it will be necessary to provide construction staking to ensure the Contractor has the essential locations and elevations to construct the improvements properly. Survey services include field and office surveying and recording corner records with Tulare County. As a professional service performed by a licensed surveyor, these services cannot be included in a competitively bid construction contract. They therefore cannot be performed under the Contractor’s contract. Additionally, City Staff does not have the time or the professional qualifications to perform these services.

Lane Engineers of Tulare, CA, is listed among the On-Call Construction Surveying consultants, and their proposal demonstrates that they possess the necessary skills, expertise, and resources to meet the City’s needs and the timeframe for completing this project. Lane has reviewed the scope of the Cross Avenue Improvements Project and proposes to perform the necessary services on a time-and-materials basis, not to exceed $17,260. This amount aligns with industry standards and with the City's experience on projects with similar scopes of work.

5. Labor Compliance Monitoring: Labor Consultants of California This project is subject to Prevailing Wage requirements. To ensure proper wages are paid and accounted for in accordance with ever-changing state and federal requirements, it will be necessary to monitor labor compliance for contractors and consultants subject to these requirements. Due to the complexities involved, the City lacks the necessary expertise and resources to perform this work.

Labor Consultants of California, based in Hanford, CA, is included on the list of pre-qualified On-Call Labor Compliance Monitoring consultants. The company has demonstrated in its proposal that it possesses the necessary skills, expertise, and resources to meet the City’s needs and timeframe for completing the project work. Labor Consultants of California has reviewed the scope of this project and proposes to perform the necessary services on a timeand-materials basis, not to exceed $8,273, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and aligns with the City's experience on projects with similar scopes of work.

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Agenda Memo - December 16, 2025
Staff recommends awarding and authorizing the City Manager or their designee to sign contracts related to City Project PK0039, specifically the Alpine Property Improvement Project.

Additionally, staff recommends granting the City Manager or their designee the authority to approve contract change orders up to 10% of each contract's amount and to approve the revised budget.

Fiscal Impact & Funding Source(s): CIP Project “PK0039 – Alpine Property Improvements” was originally programmed in the 2023-2028 CIP, and subsequently carried over into the 2025- 2030 CIP. The overall project funding programmed in the 2025-2030 CIP was $420,000, with the entirety coming from “Fund 400 – Other General Fund CIP”. It will be necessary to appropriate an additional $45,795 to complete the project based upon the proposed contract amounts. The cost increase is due to industry-wide fluctuations in labor and material prices that have occurred since the project’s inception. A revised project sheet is attached. • Fund 400 – Other General Fund CIP – $465,795
Environmental Review: The proposed project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15301(c).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: Subsequent contract approval to be revised by the City Attorney.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes - Staff would work to incorporate changes directed by Council; 2) Deny - Council could elect to reject all bids for the project, and direct staff to rebid the project at a later date. The resulting project delay would impact Tulare City School District plans to develop the property; or 3) Table - The resulting project delay would impact Tulare City School District plans to develop the property.

7.11 Tulare Fire Chief Officer Group MOU.

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Agenda Memo - December 16, 2025
o Increase from 3% to 5% the incentive for CSFM Chief Officer or Chief Fire Officer.
o Add a 7.5% incentive for CSFM or NFA Executive Fire Officer. • Education Incentive Pay:
o Set a maximum of 7.5%.
o Remove the 2.5% incentive for 60 college units.
o Add a 7.5% incentive for a master’s degree.
• Deferred Compensation:
o Creation of an optional deferred compensation matching program where the City shall contribute up to fifty dollars per pay period to the employee’s deferred compensation account.
• Uniform Allowance:
o Increase in uniform allowance from $900 to $1,300 per year. • Miscellaneous:
o An agreement for continued conversations regarding the methodology for comparing compensations between benchmark cities.
o Removal of minimum staffing provisions from the MOU and an agreement to meet and confer to discuss changes to Policy 208 – Minimum Staffing Levels. o Refinements for readability and clarity, CalPERS regulations, and applicable laws.

Fiscal Impact & Funding Source(s): Funding for this MOU was included in the Fiscal Year 2025-26 general fund budget and will be accounted for in subsequent years as a part of the budget development process.

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 has been reviewed by the City Attorney’s Office.

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.

7.12 Fiscal Year 2026 Salary Schedule Update.

Recommended Action: Adopt a resolution amending the City’s Fiscal Year 2026 Salary Schedule effective December 27, 2025, and authorizing the City Manager to update the Salary Scheule accordingly. [J. Venegas]
Summary: Earlier this year, the City of Tulare’s represented bargaining groups received negotiated salary increases. In order to maintain appropriate and consistent salary differentials between certain unrepresented management classifications and their subordinate classifications, provide a cost-of-living update, and maintain competitiveness in the labor market, an update is now recommended.

The following adjustments are proposed as shown in Exhibit A:

1. A 3% Cost of Living Adjustment (COLA) for the following unrepresented classifications:

Assistant City Manager, City Engineer, Community Development Director, Community Tulare City Council Meeting Page 13 of 23
Agenda Memo - December 16, 2025
Services Director, Chief Financial Officer, Deputy City Manager/Chief Technology Officer, Executive Director of Economic Development, Fire Chief, General Services Director, Human Resources Director, Police Chief, and Public Works Director.

2. A retention and market adjustment that “resets” the current E-Step to C-Step for the following unrepresented classifications: Assistant City Manager, City Engineer, Community Development Director, Community Services Director, Assistant Community Services Director, Chief Financial Officer, Assistant Finance Director, Deputy City Manager/Chief Technology Officer, Fire Chief, General Services Director, Police Chief, Public Works Director, and Assistant Public Works Director. Employees will also “reset” to the new salary step that reflects their current salary and would then move to the subsequent salary step at their anniversary date, along with a satisfactory performance evaluation, consistent with current practice.

3. A de minimis equity adjustment so that the Community Development Director, Fire Chief, and Public Works Director are on the same pay scale as the Chief Financial Officer.

Fiscal Impact & Funding Source(s): Funding for these changes was included in the Fiscal Year 2026 budget across various funds and will be accounted for in subsequent years as a part of the budget development process.

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.

7.13 Elk Bayou Nature Preserve Master Plan.

Orr]
Summary: During a study session at the September 16, 2025, Council meeting, direction was given to staff to issue a Request for Proposals (RFP) for the Elk Bayou Nature Preserve Master Plan. The City received seven proposals and it was a highly competitive process. The selection committee consisted of the Community Services Director, Assistant Community Services Director, Assistant City Manager, City Engineer, and Community Development Director. Staff reviewed the proposals and selected four firms to interview virtually. Ultimately, the selection committee agreed that Dudek was best suited to perform the scope of work.

Fiscal Impact & Funding Source(s): Fund balance exists within the Parks/Recreation Facilities & Equipment DIF Fund for this project.

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Environmental Review: Pursuant to the California Environmental Quality Act (CEQA), an agency must complete environmental review prior to committing itself to a definite course of action in regard to a proposed project (CEQA Guidelines Section 15352). Environmental review must occur as early as feasible in the planning process to enable environmental considerations to influence project program and design, yet late enough to provide meaningful information for environmental assessment (CEQA Guidelines Section 15004(b)).

At this time, the City Council is not taking any action that would constitute approval of a Project.

The City Council retains full discretion either to approve or disapprove the project. The appropriation of funds for further study is therefore exempt from environmental review pursuant to CEQA Guidelines, Section 15262 (feasibility and planning studies for possible future actions that have not been approved, adopted, or funded), as well as the general rule that CEQA only applies to “projects” that have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines, Section 15061(b)(3)).

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: 6:10 p.m.]

8.1 Board, Commission, and Committee Appointments.

Recommended Action: Appoint two members to the Board of Public Utilities Commissioners, three members to the Committee on Aging, three members to the Measure I Citizen Oversight Committee, three members to the Parks and Recreation Commission, and two members to the Planning Commission for terms beginning January 1, 2026 and expiring on December 31, 2029. [M. Wilcox]
Summary: The City Council is requested to consider appointments to fill upcoming vacancies on five Council-Appointed Bodies for terms beginning January 1, 2026, and expiring December 31, 2029. These include:
• Board of Public Utilities Commissioners (2 seats)
• Committee on Aging (3 seats)
• Measure I Citizen Oversight Committee (3 seats)
• Parks and Recreation Commission (3 seats)
• Planning Commission (2 seats)
Staff contacted all 13 current members whose terms are set to expire and advised them of the need to submit a new application should they wish to be considered for reappointment. Of those Tulare City Council Meeting Page 15 of 23
Agenda Memo - December 16, 2025
contacted, two members, Ken Espinoza (Committee on Aging) and Mike Jamaica (Parks and Recreation Commission), have indicated they will not be seeking reappointment.

Descriptions of each Council-Appointed Body are as follows:
• Board of Public Utilities Commissioners (BPU): Established by the City Charter, the BPU regulates and manages the City’s utility divisions, including Solid Waste, Water, Sewer, and Wastewater. Pursuant to Section 52 of the Charter, the five-member board is appointed by the Mayor and confirmed by the City Council. Meetings are held on the first and third Thursdays of each month at 4:00 p.m. in the Council Chamber. The members with terms expiring on December 31, 2025 are:
o Blake Wilbur
o Ray Fonseca
• Committee on Aging: A five-member advisory body that provides guidance to the Community Services Department on matters affecting senior citizens, including recreation, social, and nutritional services. Members are appointed by the City Council, by seat, and meet monthly at the Senior Community Center. The members with terms expiring on December 31, 2025 are:
o Ken Espinoza (Council Seat 3) (not seeking reappointment) o Jevon Price (Council Seat 4) (seeking appointment to Planning Commission) o Jackie Zupp (Council Seat 5)
• Measure I Citizen Oversight Committee: This five-member committee ensures transparency and accountability in the use of Measure I funds. Members are appointed by the City Council, by seat, and meet twice annually, once to review the mid-year budget and once to review the annual audit report. The members with terms expiring on December 31, 2025 are:
o Joel Robertson (Council Seat 3)
o Jose Ruiz-Salas (Council Seat 5) (no response or application) o Richard Dituri (Council Seat 1) (no response or application) • Parks and Recreation Commission: A seven-member commission that advises on recreational programs, park development, and urban forestry matters. Each Councilmember appoints one member, with two additional members appointed at-large.

Meetings are held monthly at the Claude Meitzenheimer Community Center. The members with terms expiring on December 31, 2025 are:
o Craig Hancock (Council Seat 5)
o Manuel Caceras (at-large appointment)
o Mike Jamaica (at-large appointment) (not seeking reappointment) • Planning Commission: Established by the City Charter, the Planning Commission is responsible for decisions related to land use, zoning, subdivisions, and environmental review. The five-member commission is appointed by the City Council, by seat, and meets on the second and fourth Tuesdays of each month at 5:30 p.m. in the Council Chamber (new day and time effective January 2026). The members with terms expiring on December 31, 2025 are:
o Shauna Guerrero (Council Seat 1)
o Jocelyn Limas (Council Seat 3)
To be considered for appointment, applicants must reside within the city limits except for the Aviation Committee, Parks and Recreation Commission, and Planning Commission. For these Tulare City Council Meeting Page 16 of 23
Agenda Memo - December 16, 2025
three Council-Appoint Bodies, applicants may be considered if they live within the sphere of influence as long as a majority of the members reside within the city limits.

Staff requests that Council review the applications provided and make appointments in accordance with the appointment process for each Council-Appointed Body.

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. Delaying appointments may cause quorum issues for meetings of the Council-Appointed Bodies.

8.2 Amphitheater Concert Series Annual Report and Contract Amendment.

Recommended Action: Receive a presentation on the 2025 Adventist Health Amphitheater Concert Series and approve and authorize the City Manager to execute a one-year extension to the Zumwalt Park Amphitheater Operator Agreement through a Third Amendment with Spade Entertainment, subject to legal review. [M. Mondell]
Summary: On July 18, 2023, City Council approved the Zumwalt Park Amphitheater Operator Agreement with Spade Entertainment (Operator) which included a three-year term which is set to expire on August 16, 2026, unless otherwise extended. On August 6, 2024, City Council approved the First Amendment to the Agreement with the Operator to address naming rights, roles and responsibilities. On January 7, 2025, City Council approved the Second Amendment to the Agreement with the Operator to address unanticipated financial impacts associated with initial promotional concerts.

The venue was opened in late Spring 2025, and the first inaugural concert series was held from May through September with a four-day Christmas event in mid-December. Overall, the concerts were very successful in the sense that the Operator was able to attract relevant talent, top-notch production, and provided an outstanding customer experience which improved from one show to the next. The City and Operator learned much about the venue, its operations, and its guests from the first year of operations. Unfortunately, ticket sales were not as strong as they needed to be for revenues to offset expenses.

Please recall, the primary reason the renovation of Zumwalt Park was pursued was to help Downtown redevelopment through the attraction of 35,000 to 50,000 annual attendees and guests to the concert series which in turn would help stimulate business development through patronage. This appears to be working based on the results of the attached Economic Impact Study. The Study is based on cell phone usage data and indicates the following:
• 11, 400 attendees including 73,000 guests and 42,000 unique visits. • Approximately 10% of attendees were from the City of Tulare. • Attendees came from 12 states resulting in approximately 250 hotel nights.

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Agenda Memo - December 16, 2025
• Approximately $250,000 generated in off-site retail sales including $10,000 in direct tax revenue.
• Attendees and guests patronized many local businesses.

What the Study doesn’t indicate is how many of the new Downtown businesses or those to come have or will do so in-part because of the Zumwalt Park renovation project and the ongoing revenues that will be generated to the City from those projects. When management originally presented this project to City Council it advised that the goal should be for the City to recoup its annual operational expenses from the concert series, that it is possible that may never occur but that we would need three years of operations to make that determination.

Management has also advised that several cities across the country annually subsidize concert series and other related uses to attract visitors to their downtown areas which in turn generate revenue to local businesses and the city over time. For example, it is estimated that the City of Visalia subsidizes the convention center at over $1,300,000 annually and the minor league ballpark at over $700,000 annually to attract visitors to their downtown. For the first promotional concerts the City of Tulare utilized $400,000 in future, naming rights revenue from Adventist Health to subsidize operations.

Because the term of the current agreement is set to expire on August 16, 2026, and next year’s concert series and events are expected to run from April through December, management is recommending Council to approve a one-year extension to the operator agreement (August 16, 2027) with the following additional considerations for the 2026 season:
• City to waive the cost of police overtime
• City to waive the sponsorship fee
• City to establish the 2026 artist deposit account ($250,000) • City to allocate $75,000 for marketing
• City to allocate $175,000 for production, janitorial, and security.

The key to increasing concert series revenues is to increase ticket sales including local ticket sales from 10% to 25% and approximately double overall ticket sales. The goal is for concert revenues to cover concert expenses. The Operator believes their ticket pricing is consistent with other markets adjusted to Tulare and therefore increased ticket sales rather than increased pricing is the recommended path. To improve on ticket sales, the Operator has indicated it will focus its marketing dollars on methods that were proven to work in 2025 (i.e., social media, radio advertising).

In addition, the Operator has indicated its desire to enter into an agreement with the IncludUs Labs on an event (A Posada in December 2026) and to assist with overall marketing to the Hispanic-Latino community (see attached proposal). IncludUs has extensive experience in working with the Latino-Hispanic communities through special events and in partnership with local governments and the private sector to increase citizen awareness and engagement. While based in Washington DC, IncudUs has been active in the Central Valley and has had success in increasing attendance at local events. The City would stay actively involved and pay directly ($50,000) for these services.

In management’s opinion, the Operator performed well for the inaugural concert season and there is likely to be an increase in ticket sales and other revenues (i.e., sponsorships, food and beverages, etc.) as more people become aware of the venue and therefore management believes the additional investment is well worth the use of unobligated surplus funds.

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Agenda Memo - December 16, 2025
Fiscal Impact & Funding Source(s): Management is not recommending use of ongoing recurring revenues or current General Fund operational dollars to cover this expense. Rather, the City recently received a one-time federal tax credit and sold a surplus property to Caltrans for the Paige Interchange project and is recommending use of $550,000 of those net proceeds to cover these one-time expenses.

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: Management is recommending approval subject to legal review in the event Council desires to change any of the proposed terms.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes - Council could alternatively consider other approaches to annual concert series operations, including but not limited to the following: Option A - City staff could take over operations in which case the hiring of additional staff would be required. It is estimated that at a minimum three new full-time staff positions would be required (estimated at $225,000) plus all other expenses (i.e., artist deposits, production, etc.) including booking artists. It is management’s opinion that this approach would not only cost more money, but staff would be less efficient and effective since it does not have the same level of experience, expertise, connections, or industry knowledge as does the Operator; Option B(1) - The City could enter a new “fixed fee” operating agreement with the Operator through which the City would receive all revenues and solely be responsible for all expenses. Under this scenario, the City would pay a fee of $150,000 annually to the Operator plus share 25% of all sponsorships.

The Operator would handle alcohol sales, carry insurance, and handle the green room and artists. It is management’s opinion that this approach would not only cost more money, but staff would be less efficient and effective since it does not have the same level of experience, expertise, connections, or industry knowledge as does the Operator; and Option B(2) - The City could enter a new hybrid “fixed fee” operating agreement with the Operator which would be like Option B(1) but in addition would include one new full-time staff position at a cost of $106,000 annually and allocated 50% of time to concert group sales; 2) Deny; or 3) Table. If the City does not approve and execute a one-year extension, then there will likely be a delay in booking artists which may further delay or jeopardize the 2026 concert series.

8.3 Amendment to the City of Tulare’s Budget Policies & Practices.

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Agenda Memo - December 16, 2025
Summary: The proposed reserve policy amendments and reserve balance levels are recommended to ensure the City is able to withstand unexpected financial emergencies.

Establishing a pension reserve trust and an OPEB reserve would provide the two-fold benefit of prefunding the unfunded accrued liabilities (UALs) of the City’s pension and OPEB plans and/or allowing the City to “smooth” its annual UAL contributions, if desired, during periods when those payments spike significantly. The change to the Workers’ Compensation reserve would increase its target balance level, ensuring sufficient funds are available to pay Workers’ Compensation claims should those claims significantly exceed the amount(s) budgeted and the (unreserved) fund balance available is insufficient to offset the difference. In addition, the current Workers’ Compensation reserve policy currently contains contradictory language regarding the minimum reserve balance, which requires correction.

Irrevocable Supplemental Pension Reserve Trust & Other Post-Employment Benefits (OPEB) Reserve
The current Pension and Post-employment Benefits section of the City’s Budget Policy & Practices (“Policy”) states:

The City provides pension and medical benefits for its public safety and non-safety employees through three contracts with CalPERS. The contracts include benefit levels negotiated by the City with its employee units and for which it has executed contract amendments. The plans also include some benefit levels approved by the State Legislature without contract amendment and funding mechanisms approved by the CalPERS Board of Administration.

The Policy does not provide for a pension or OPEB reserve.

At the regular City Council meeting of May 6, 2025, Michael Meyer of NHA Advisors, the City’s municipal advisor, provided a comprehensive analysis of the City’s pension plans and a brief overview of the OPEB plan, including the plans’ unfunded liabilities and historical and projected costs, and recommended cost-management strategies to help the City prefund the unfunded liabilities and mitigate the impact of their year-to-year volatility.

During his presentation, Mr Meyer informed the Council that as of the CalPERS valuation date for June 30, 2023, the combined UAL of the City’s pension plans was approximately $90.0M and the unfunded liability of the City’s OPEB plan UAL was $2.0M. He also stated the combined pension normal cost and UAL payment is projected to increase from $11.5M to $13.6 annually by 2031.

Based upon the information and strategies Mr Meyer provided, staff recommends establishing an irrevocable supplemental pension reserve trust and OPEB reserve.

Following are the proposed Policy amendments to add the pension reserve trust and OPEB reserve.

The Irrevocable Supplemental Pension Reserve Trust target balance shall be an amount equal to the total net liability of the City’s pension plans. The assets of this reserve shall be held in an irrevocable Section 115 pension trust and may be used only for payment of pension-related costs upon direction of the City Council. The balance of this reserve shall not be subject to the “Replenishment of Reserves” guidelines, and formal City Council Tulare City Council Meeting Page 20 of 23
Agenda Memo - December 16, 2025
action is required to increase the balance of this reserve or to authorize the use of any portion thereof.

The Other Post-Employment Benefits (OPEB) Reserve target balance shall be an amount equal to the total net liability of the City’s other post-employment benefits (OPEB) plans.

The assets of this reserve may be used only for payment of OPEB-related costs upon direction of the City Council. The balance of this reserve shall not be subject to the “Replenishment of Reserves” guidelines, and formal City Council action is required to increase the balance of this reserve or to authorize the use of any portion thereof.

While these reserves are intended to prefund post-employment benefit liabilities and/or to be used for payment of post-employment-benefit-related costs, assets placed in a trust are restricted for the specific purpose(s) of the trust, while non-trust assets may be used for any purpose. Therefore, assets of the Irrevocable Supplemental Pension Reserve Trust may be used only for pension-related costs, while OPEB reserve assets may be transferred for use for other purposes if necessary.

Initial funding for the Irrevocable Supplemental Pension Reserve Trust of $4.0M is recommended. Initial funding of $0.5M is recommended for OPEB Reserve. The proposed source of funding for these reserves is Workers’ Compensation Insurance Fund fund balance, which will be discussed later in this staff report.

If Council approves addition of the establishment of the recommended Irrevocable Supplemental Pension Reserve Trust policy and, therefore, creation of a pension trust, staff will return to Council at a future meeting to request:
• adoption of the trust plan;
• appointment of the City Manager, or his designee, as plan administrator; and • authorization for the plan administrator to execute the necessary documents to implement the plan.

Workers’ Compensation Reserve
Following is the current Workers’ Compensation policy.

Workers’ Compensation: a minimum of one-year premium in reserve.

The city may participate in an Authority to provide health insurance benefits to its employees. While in a risk pooling environment the city would follow the policy of the plan.

The City’s policy is to set the reserve account at no less than four months’ worth of premium to handle any unanticipated increases that occur mid budget year. (emphasis added)
As noted above, this policy contains conflicting language (underlined), stating a minimum reserve level of both one year’s premium and four months’ worth of premium. Further, staff believes even the larger of the minimum requirements reflected is inadequate, particularly given the retrospective claim adjustments estimated by the City’s Pooled Workers’ Compensation Program administrator, which have averaged approximately $1.0M per year over the past five years. The proposed amendment, below, would resolve both the contradictory language and establish a higher target balance level.

The Workers’ Compensation Reserve target balance shall be an amount equal to assets in the Workers’ Compensation Insurance Fund equivalent to estimated Workers’ Compensation insurance claims payable as of June 30th of the year of the City’s most Tulare City Council Meeting Page 21 of 23
Agenda Memo - December 16, 2025
recently completed financial statements plus the rolling five-year average of insurance claims paid from the Workers’ Compensation Insurance Fund.

As of the City’s Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2024, estimated insurance claims payable from the Workers’ Compensation Fund were $1.4M, and the rolling five-year average of insurance claims paid is $2.4M. The combined total of these amounts, $3.8M, would be the first target balance. Staff recommends rounding up the combined total to $4.0M as the initial reserve balance. This rounding would provide a small “cushion” for at least a portion of changes which may result from fiscal years 2025 and 2026 operations.

Workers’ Compensation Insurance Fund fund balance is sufficient to establish this reserve.

Purpose of Reserves
The current purpose of the General Fund Contingency Reserve as reflected in the Policy is reflected as follows:

The purpose of the General Fund Economic Contingency Reserve to strengthen the City’s ability to withstand financial emergencies, such as those that may result from national disasters, economic downturns, and revenue shortfalls or unanticipated expenditures of a non-recurring nature, and to accumulate funds for large-scale purchases.

Since this, effectively, is the purpose of all reserves, staff recommends amending the statement to be universally applicable to reserves by removing “General Fund Contingency Reserve” from it.

Replenishment of Reserves
Pursuant to the Policy, presently the General Fund Contingency Reserve requires replenishment of the Reserve in accordance with the schedule below.

If the General Fund Economic Contingency Reserve balance falls below its minimum target level, the City shall strive to restore it to the minimum target level through budgetary or other means. Unless otherwise noted in this policy, the following guidelines will be used to restore the reserve.
• If the reserve is drawn down to 75-99% of its minimum target level, it shall be restored to 100% over a 1- to 3-year period.
• If the reserve is drawn down to 50-74% of its minimum target level, it shall be restored to 100% over a 3- to 5-year period.
• If the reserve is drawn down below 50% of its minimum target level, it shall be restored to 100% over a 5- to 7-year period.

These guidelines may be suspended, in whole or part, if financial or economic circumstances are determined by the City Council to prevent meeting any or all of the timelines.

Broadening the application of the schedule is warranted, to ensure commitment to the replenishment of other reserves drawn or falling below their recommended target levels. Hence, staff recommends the schedule be applied to all reserves, with the exception of the irrevocable supplemental pension reserve trust and OPEB reserve. The pension and OPEB reserve exception noted is due to the significantly underfunded statuses of the City’s pension and OPEB plans, requiring far greater feasible lengths of time to grow those reserves to their target level balances.

Tulare City Council Meeting Page 22 of 23
Agenda Memo - December 16, 2025
Reserve Classification & Use
As with the purpose statement and replenishment schedule, amendment of the section of the Policy (below) regarding the fund balance classification of the General Fund Economic Contingency Reserve and City Council’s authority to approve transfers and expenditures from it is recommended, to change its applicability to all reserves, except the pension reserve trust, which, pursuant to GASB Statement No. 54, would be classified as restricted fund balance.

Once established or increased, thea reserve’s balance, except that of the Irrevocable Supplemental Pension Reserve Trust, shall become committed fund balance, as defined by Governmental Accounting Standards Board Statement Number 54 (GASB 54), within the General Fundits corresponding fund and, as such, shall require Council approval for all transfers and expenditures therefrom. Assets of the Irrevocable Supplemental Pension Reserve Trust shall be restricted fund balance, pursuant to GASB 54, and their use shall also require Council approval.

Trust & Reserve Funding
Upon analysis of the balance sheet of Worker’s Compensation Insurance Fund (“Fund”) for the year ended June 30, 2024, and estimated (unaudited) fiscal year 2025 revenues and expenditures, staff estimates the Fund’s fund balance as of June 30, 2025, was approximately $9.6M. Therefore, staff is confident this fund balance is sufficient to provide the initial reserve balances as proposed above.

Fiscal Impact & Funding Source(s): The recommended amendments to the City’s Budget Policies & Practices and the establishment and funding of reserve and/or trust balances will have no direct fiscal impact upon the City. However, improving the City’s financial policies will better position the City to withstand financial emergencies.

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 the recommended amendments to the Budget Policies & Practices are not approved, the City will be less prepared to withstand large increases in its unfunded pension and OPEB liabilities and Workers’ Compensation insurance claims.

9. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 7:40 p.m.]

10. STAFF UPDATES [Time Estimate: 7:40 p.m.]

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 7:45 p.m.]

11.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): 1 case

11.2 Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(d)(4): 1 case Tulare City Council Meeting Page 23 of 23
Agenda Memo - December 16, 2025

12. RECONVENE FROM CLOSED SESSION [Time Estimate: 8:45 p.m.]

13. 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.

14. ADJOURNMENT [Time Estimate: 8:45 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, January 6, 2026, at 5:30 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1 of 6

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, December 2, 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
COUNCIL ABSENT: 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; Housing & Grants Manager Alexis Costales; Fire Marshal Ryan Leonardo; Principal Planner Steven Sopp; Senior Civil Engineer Michael Winton

1. CALL TO ORDER
Mayor Isherwood called to order the special meeting of the Tulare City Council at 5:05 p.m. in the Council Chamber located at 491 North M Street.

2. STUDY SESSION

2.1 Potential Development of a Regional Sportsplex.

Recommended Action: Receive a presentation regarding the potential development of a regional sportsplex in the City of Tulare and provide direction to staff thereto.

Presented By: City Manager Mondell
Public Comment: There were no public comments.

Council Action: There was no action taken on this matter.

3. ADJOURNMENT
Mayor Isherwood adjourned the special meeting at 5:35 p.m.

4. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the Tulare City Council at 5:36 p.m. in the Council Chamber located at 491 North M Street.

5. PLEDGE OF ALLEGIANCE AND INVOCATION
Assistant City Manager Gaffery led the Pledge of Allegiance, and an invocation was given by Mayor Isherwood.

Item #: 7.2
Consent
City Council Meeting Minutes Tuesday, December 2, 2025
City of Tulare Page 2 of 6

6. PROCLAMATIONS & RECOGNITIONS

6.1 Recognize Tulare County Teacher of the Year Heather Silva. Mayor Isherwood presented Heather Silva with a certificate of recognition.

7. PUBLIC COMMENT
Kathy Orgeron, Leadership Tulare Facilitator, introduced the current class of Leadership Tulare.

Donnette Silva, Chamber CEO, provided Chamber of Commerce updates.

Pete Eppinga, Tulare resident, addressed the Council regarding allowing chickens within the city limits, covering the canal along Mooney Boulevard, and Matheny Tract.

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.

10. CONSENT CALENDAR
It was moved by Councilmember Sigala, seconded by Vice Mayor Harrell, and carried 4 to 0 (Councilmember Mederos absent) to approve the items on the Consent Calendar as presented.

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 meeting of November 18, 2025. [M. Wilcox]

10.3 Second Reading and Adoption of Ordinance 2025-14.

Recommended Action: Adopt Ordinance 2025-14 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]

10.4 Planning Commission Regular Meeting Day and Time Update.

Recommended Action: Adopt a resolution repealing and replacing Resolution 17-57 to amend the Planning Commission’s Rules and Procedures to modify the day and time of regular Planning Commission meetings to the second and fourth Tuesday of each month at 5:30 p.m. [M. Anaya]

10.5 Replacement of Expired Tactical Equipment.

Recommended Action: Authorize the City Manager to approve the purchase of replacement tactical equipment for fire department personnel in the amount of $63,482.81 from ProForce Law Enforcement. [M. Ott]

10.6 Replacement of Auto Extrication Equipment.

Recommended Action: Authorize the City Manager to approve the purchase of replacement Hurst auto extrication equipment in the amount of $56,538.23 from L.N.

Curtis. [M. Ott]
City Council Meeting Minutes Tuesday, December 2, 2025
City of Tulare Page 3 of 6

10.7 Cross Avenue Veterinary Clinic License Agreement.

Recommended Action: Authorize the Mayor to execute a license, subject only to minor conforming or clarifying changes acceptable to the City Attorney and City Manager, to allow Richard G. Heers and Lee Ann A. Heers, Trustees of the RICHARD G. HEERS AND LEE ANN A. HEERS 2022 TRUST, to maintain existing improvements located within the City rights-of-way of Cross Avenue and M Street. [M. Miller]

10.8 NEPA Study for Project EN0097 International Agri Center Way Extension.

Recommended Action: Award and authorize the City Manager to sign a contract in the amount of $102,640 with Acorn Environmental of El Dorado Hills, CA, for preparation of environmental studies needed for CIP Project EN0097 IAC Way Extension Project; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the contract amount ($10,264); and approve the revised project sheet and additional appropriation of funds required. [M. Miller]

10.9 Conditional Final Map Acceptance – Farrar Estates Phase 3.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for Phase 3 of the Farrar Estates subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to January 31, 2026. [M. Miller]

10.10 Conditional Final Map Acceptance – Farrar Estates Phase 4.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for Phase 4 of the Farrar Estates subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to January 31, 2026. [M. Miller]

10.11 Grant of Easement to SCE – Phases 4, 6, & 7 of the KCOK Ranch Subdivision.

Recommended Action: Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within Lot B of Phases 4, 6 & 7 of the KCOK Ranch subdivision, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]

10.12 Purchase of a 2026 Ford F-150 for the Fire Department.

Recommended Action: Award the purchase of one new/unused 2026 Ford F-150 to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521- NAF in the amount of $56,731.34, which includes all fees, tax and shipping. [T. Whitfield]

11. PUBLIC HEARING

11.1 Amendment to the 2025-2029 Consolidated Plan and 2025 Action Plan.

Recommended Action: Adopt a resolution approving a substantial amendment to the 2025-2029 Consolidated Plan and Fiscal Year (FY) 2025 Action Plan as presented, which includes an appropriation of Community Development Block Grant (CDBG) funds during FY 2025 in the amounts of $364,500 to a public infrastructure project and $187,500 to an owner occupied rehabilitation activity, as well as, HOME Investment Partnerships Program (HOME) funds in the amounts of $75,000 to a community housing development organization set-aside project, $100,000 to a tenant based rental assistance program, $275,000 to develop affordable multifamily rental housing, and $50,000 for program administration and planning; and authorize the City Manager or their designee to submit the same to HUD on behalf of the City of Tulare.

Presented By: Housing & Grants Manager Costales
Public Comment: The public hearing was opened at 6:05 p.m. Receiving no comments, the public hearing was closed at 6:06 p.m.

City Council Meeting Minutes Tuesday, December 2, 2025
City of Tulare Page 4 of 6
Council Action: It was moved by Councilmember Sigala, seconded by Vice Mayor Harrell, and carried 4 to 0 (Councilmember Mederos absent) to approve the item as presented.

11.2 Establish Assessment District 2025-02.

Recommended Action: Adopt a resolution establishing Assessment District 2025-02 for the FNC Subdivision and ordering associated public improvements for the district.

Presented By: City Engineer Miller
Public Comment: The public hearing was opened at 6:20 p.m. Receiving no comments, the public hearing was closed at 6:21 p.m.

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

11.3 Establish Assessment District 2025-03.

Recommended Action: Adopt a resolution establishing Assessment District 2025-03 for the Valov, Lekkerkerker, and Fernandes Subdivisions and ordering associated public improvements for the district.

Presented By: City Engineer Miller
Public Comment: The public hearing was opened at 6:26 p.m. Receiving no comments, the public hearing was closed at 6:26 p.m.

Council Action: It was moved by Councilmember Sigala, seconded by Vice Mayor Harrell, and carried 4 to 0 (Councilmember Mederos absent) to approve the item as presented.

11.4 Fire Code Adoption.

Recommended Action: Pass-to-print an ordinance to amend Sections 3.04 and 3.08 of Title 3 (Fire Regulations) of the Tulare Municipal Code.

Presented By: Fire Marshal Leonardo
Public Comment: The public hearing was opened at 6:31 p.m. Receiving no comments, the public hearing was closed at 6:31 p.m.

Council Action: Councilmember Sigala expressed his desire to redo the permit process for fireworks booths and recommended placing a limit on number of years permits are active. It was moved by Vice Mayor Harrell, seconded by Councilmember Sayre, and carried 4 to 0 (Councilmember Mederos absent) to approve the item as presented.

11.5 Zone Amendment 765.

Recommended Action: Pass-to-print an ordinance to approve Zone Amendment 765 to apply the Mixed Use (MU) Overlay zone in order to facilitate the construction of a mixeduse development to be located on the south side of Corvina Avenue, west of Hillman Street (APN 166-250-093).

Presented By: Principal Planner Sopp
Public Comment: The public hearing was opened at 6:40 p.m. Receiving no comments, the public hearing was closed at 6:40 p.m.

Council Action: Councilmember Sigala questioned the type of commercial business that would be in the commercial buildings within the development. Todd Holmes of Holmes Properties LLC, developer, provided response thereto. It was moved by Mayor Isherwood, seconded by Councilmember Sayre, and carried 3 to 1 (Vice Mayor Harrell voted no; Councilmember Mederos absent) to approve the item as presented.

12. GENERAL BUSINESS

12.1 Proposed Sales Tax Measure.

Recommended Action: Review and discuss the long-term financial sustainability of City services and revenue enhancement for the General Fund via voter approval of a potential sales tax measure; and provide staff direction.

City Council Meeting Minutes Tuesday, December 2, 2025
City of Tulare Page 5 of 6
Presented By: Chief Financial Officer Roberts; City Manager Mondell Public Comment: There were no public comments.

Council Action: Councilmember Sigala expressed a desire to review the ballot language once drafted to ensure it’s not locking the City into specifics. It was the consensus of Council to continue moving forward with this effort.

12.2 Memo on Homelessness Funding Legislation.

Recommended Action: Receive a memo from the City’s lobbyist, Townsend Public Affairs, regarding their recent activities, updates, and next steps in exploring opportunities to advance Tulare’s priorities related to homelessness funding, Continuum of Care governance, and potential state-level accountability measures; and provide direction to staff thereto.

Presented By: City Manager Mondell; Spencer Street of Townsend Public Affairs Public Comment: There were no public comments.

Council Action: Councilmember Sigala expressed a desire to have the Continuum of Care (COC) to provide a presentation to Council. Mayor Isherwood advised he would contact COC to help facilitate said presentation. There was no action taken on this matter.

12.3 Cross Avenue Traffic Calming Presentation.

Recommended Action: Receive a presentation receiving traffic calming measures and their potential application to Cross Avenue between Blackstone Street and Lincoln Street and provide direction to staff thereto.

Presented By: City Engineer Miller; Senior Civil Engineer Winton Public Comment: Steve Celentano, Tulare resident, addressed the Council regarding cost of recommendations and number of fatalities. Mr. Celentano suggested reducing the speed to 35 mph stating the main issue is speed.

Council Action: Following discussion, it was agreed that staff would bring back a phased approach and include options for minimal improvements with costs associated for each option/phase.

12.4 Provide Assistance to Relocate B-17 Bomber and F-4 Phantom.

Recommended Action: Provide direction to staff in regard to Vice Mayor Harrell’s request for the City to provide assistance to Amvets Post 56 in moving the B-17 Bomber and F-4 Phantom to the north side of the Mefford Hangar.

Presented By: Vice Mayor Harrell
Public Comment: Carl Strand and Neil Walden, caretakers of the B-17 Bomber, addressed the Council sharing the work on the plane and expressing their desire to be involved with moving the plane to a different location. They also offered tours of the plane.

Ralph Cantu suggested keeping the planes near the Mefford Hangar due to the history of the planes and hangar.

Council Action: Following discussion, it was agreed that staff would continue monitoring the situation and will bring to Council’s attention any changes or updates.

13. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS

THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY

13.1 Annual ROPS and Administrative Budget.

Recommended Action: Adopt resolution of the Successor Agency to the Former Tulare Redevelopment Agency approving and adopting the Recognized Obligation Payment Schedule for the July 1, 2026 through June 30, 2027 time period (ROPS 26-27) and the Fiscal Year 2026-27 Administrative Budget.

Presented By: Chief Financial Officer Roberts
Public Comment: There were no public comments.

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

City Council Meeting Minutes Tuesday, December 2, 2025
City of Tulare Page 6 of 6

14. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL

15. FUTURE AGENDA ITEMS - NONE SUBMITTED

16. STAFF UPDATES
Staff provided updates on department activities.

17. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 8:40 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 December 2, 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: December 16, 2025
Department: City Clerk
Submitted by: Melissa Wilcox, Chief Deputy City Clerk
Agenda Title: Cancel the January 6 Meeting

RECOMMENDED ACTION
Cancel the regular meeting of January 6, 2026.

SUMMARY
The January 6, 2026 regular meeting falls immediately following the New Year’s holiday. At this time, there are no pressing or time-sensitive items scheduled for Council consideration. Additionally, multiple staff members will be out of the office during the days leading up to the meeting due to the holiday schedule, which may impact preparation and attendance.

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
None
Reviewed/Approved:

Item #: 7.3
Consent
Staff Report
Meeting: City Council
Date: December 16, 2025
Department: Fire
Submitted by: Ryan Leonardo, Fire Marshal
Agenda Title: Second Reading and Adoption of Ordinance 2025-15

RECOMMENDED ACTION
Adopt Ordinance 2025-15 to amend Chapters 3.04 and 3.08 of Title 3 (Fire Regulations) of the Tulare Municipal Code.

SUMMARY
The 2025 California Fire Code has been incorporated into Title 24, as Part 9 of the California Code of Regulations and it will take effect on January 1, 2026. California Health & Safety Code Section 17958.5 authorizes the City, by ordinance, to make changes or modifications to the requirements contained within the provisions of the California Fire Code and other regulations adopted pursuant to California Health & Safety Code Section 17921(a) that result in more stringent local requirements.

The local amendments proposed for adoption are limited to those essential to effectively administer code responsibilities in daily operations and to maintain previous amendments as approved by City Council relating to fire and life safety. These amendments are listed in Chapter 3: Fire Regulations of the City Code.

The proposed ordinance was first introduced and passed-to-print on December 2, 2025. There have been no changes to the ordinance since introduction.

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 did receive legal review and no comments were provided.

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 the amended ordinance is not adopted, the City would be unable to enforce any local modifications to the California Fire Code.

Item #: 7.4
Consent

ATTACHMENTS

1. Ordinance 2025-15
Reviewed/Approved:

ORDINANCE 2025-15

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REPLACING CHAPTERS 3.04 AND 3.08 OF TITLE 3 (FIRE REGULATIONS) OF

THE TULARE MUNICIPAL CODE
BE IT ORDAINED by the Council of the City of Tulare as follows:

SECTION 1. Chapter 3.04 (Fire Department) of Title 3 (Fire Regulations) of the Tulare Municipal Code is hereby repealed and replaced with the following:

Chapter 3.04: Fire Department
Sections:

3.04.010 Code enforcement.

3.04.020 Rules and regulations.

3.04.030 Right of entry.

3.04.040 Apparatus and equipment usage.

3.04.050 Unlawful tampering with apparatus or equipment.

3.04.060 Interference with emergency operations.

3.04.070 Fire operations.

3.04.075 Fire lanes.

3.04.080 Fire hydrant clearance.

3.04.090 Investigations.

3.04.100 Powers of arrest.

3.04.110 Misdemeanors.

3.04.010 Code Enforcement.

Under the direction of the Fire Chief, the Fire Department is authorized to enforce all ordinances of the City pertaining to the following:
(A) The prevention of fires;
(B) The suppression of dangerous or hazardous fires;
(C) The storage, use and handling of hazardous materials; (D) The installation and maintenance of alarm systems and fire extinguishing equipment; (E) The maintenance and regulation of fire escapes;
(F) The maintenance of fire protection and the elimination of fire hazards; (G) The maintenance of exists; and
(H) The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3.04.020 Rules and regulations.

The Fire Chief, with the approval of the City Manager, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards, as may be necessary from time to time, to carry out the intent of this code.

3.04.030 Right of entry.

Whenever necessary to make an inspection to enforce the provisions of this code, or whenever the Chief has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such a building or premises unsafe, the Fire Chief or designee may enter the building or premises, at all reasonable times, to inspect the same or to perform any duty authorized by this code.

3.04.040 Apparatus and equipment usage.

Only authorized personnel shall operate or otherwise ride on any fire apparatus while en route to an ORDINANCE 2025-15

Page 2 ends

emergency incident.

3.04.050 Unlawful tampering with apparatus or equipment.

No person shall tamper with, handle, remove or otherwise injure any hose, ladder, fire apparatus or other equipment belonging to the City.

3.04.060 Interference with emergency operations.

Except as directed by authorized personnel, it shall be unlawful for any person to interfere with any Fire Department personnel performing their duty.

3.04.070 Fire operations.

The Fire Chief, or any other officer of the Fire Department in charge of the scene of a fire or other emergency involving the protection of life or property, shall have the authority to direct such operations as may be necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous situations and take any other action necessary in the reasonable performance of their duty.

3.04.075 Fire lanes.

No person shall stop, park, or leave standing any vehicle, whether attended or unattended, except when in conflict with other traffic, in a fire lane. Fire lanes may be designated on public or private property.

Any person in violation of this section is subject to an administrative fine. Vehicles may also be subject to removal at the owner's expense.

3.04.080 Fire hydrant clearance.

No person shall stop, park, or leave standing any vehicle within ten feet of a fire hydrant, except as provided in California Vehicle Code § 22514.

3.04.090 Investigations.

All fires are investigated to determine the origin and cause. Any fire where a suspect has been identified, an injury or death has occurred, or the fire loss is significant shall be referred to Fire Department investigator(s) who shall complete the investigation to determine cause, to secure and process evidence and to apprehend and prosecute those involved in criminal activity.

3.04.100 Powers of arrest.

Each member of the Fire Department is hereby granted police power to arrest any person violating any of the terms or provisions of this chapter. If the arrest is to be made at any time or place other than the site and time of the emergency incident where the crime was committed, the Police Department or Fire Department investigator shall make the arrest.

3.04.110 Misdemeanors.

Failure to depart the lands and structures embraced within the emergency scene when requested to do so by Fire Departmental personnel, entering within clearly established boundaries denoting a restricted area, or violation of any of the other terms of this chapter are misdemeanors.

SECTION 2. Chapter 3.08 (Fire Prevention Code) of Title 3 (Fire Regulations) of the Tulare Municipal Code is hereby repealed and replaced with the following:

Chapter 3.08: Fire Prevention Code
Sections:

3.08.010 Adoption of fire codes, regulations, and standards.

3.08.020 Establishment and duties of Bureau of Fire Prevention.

3.08.030 Definitions.

ORDINANCE 2025-15

Page 3 ends

3.08.040 Dangerous and illegal fireworks.

3.08.070 Amendments to the California Fire Code (CFC).

3.08.080 Safe and sane fireworks.

3.08.090 Appeals.

3.08.100 Penalties.

3.08.110 Repeal of conflicting ordinances.

3.08.010 Adoption of fire codes, regulations, and standards.

The City hereby adopts and incorporates into this code, as if fully set forth at length herein except as modified or amended by § 3.08.070, the following fire codes, standards and regulations to be controlling within city limits:
(A) The 2025 California Fire Code (CFC), which is drafted in the image of the 2024 International Fire Code (IFC), and which is found in the California Code of Regulations, Title 24, part 9, including Appendices Athrough Q.

3.08.020 Establishment and duties of Bureau of Fire Prevention.

The California Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City, which is hereby established, and which shall be operated under the supervision of the Fire Marshal.

3.08.030 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DANGEROUS AND ILLEGAL FIREWORKS. All fireworks not defined and classified as "Safe and Sane" under the provisions of California Code of Regulations, Title 19 et seq.

JURISDICTION. Where the word is used in the California Fire Code, it shall mean the "City of Tulare".

3.08.040 Dangerous and illegal fireworks.
(A) In order to enforce this chapter, only visual verification is required by an enforcement officer of where the offense occurred. Any person observed possessing dangerous or illegal fireworks, or accepting responsibility, may be issued a citation. In all other instances, any adult person legally entitled to reside at the location where it is reasonably believed dangerous or illegal fireworks originated may be cited. (B) In addition to any other remedy, penalty, or punishment stated herein or authorized by state law, each person who possesses or causes to be ignited dangerous or illegal fireworks, or violates any other provision of state law, as it relates to the sale, possession, or use of dangerous and illegal fireworks shall be subject to the imposition of an administrative fine. The schedule of administrative fines for such violations shall be imposed as per § 3.08.040(D).
(C) Persons in possession of dangerous and illegal fireworks in excess of 5,000 pounds shall be punishable under Cal. Health and Safety Code § 12700(b)(4). Persons in possession of "destructive devices" as defined in Cal. Penal Code § 16460, shall be punishable under Cal. Penal Code § 18710. (D) Each person who violates any section of this code shall be subject to the administrative fine as provided below:

Number of Offenses Amount of Fine
First violation $2,000
Second violation $3,000
Third and all subsequent violations $4,000
Possession for sale $10,000
ORDINANCE 2025-15

Page 4 ends

(E) For purposes of calculating the fine amount as specified in this section, the number of offenses shall include every documented instance within a 36-month period. (F) Fines collected pursuant to this section shall be utilized for the safe disposal of confiscated fireworks, public outreach to prevent the possession or use of illegal fireworks and for the continued enforcement of this section.
(G) Any duly appointed City of Tulare employee, as specified in this code, having the authority to issue an administrative citation, may lawfully enforce the provisions of this section. (H) Any person wishing to appeal a citation as issued per this section, shall follow the procedures as established in §§ 1.61.010 and 3.25.010 of this code. An advanced deposit of 50% of the fine levied shall be required. This shall not preclude an appellant the right to apply for a hardship.

3.08.070 Amendments to the California Fire Code (CFC).

The following sections of the 2025 California Fire Code (CFC) are amended and modified, for purposes of this chapter, as follows:
105.6.32.34 Open Burning. An operational permit is required for any open burning, which has been approved by the San Joaquin Valley Air Pollution Control District.

Prohibited Open Burning. Notwithstanding other provision, open burning is prohibited as follows:

3. The fire code official is authorized to order the immediate extinguishment of any unauthorized open burning and may issue administrative citations and seek to recover costs in accordance with Sections

1.61 and 3.25 of this Code.
903.3.7 Fire Department Connections. Fire department connections for automatic fire sprinkler systems shall be installed a minimum of 10 feet away from the exterior walls of the structure and be located within 50 feet of a fire hydrant unless otherwise approved by the fire code official.

A 101.3. The board of appeals shall consist of five fire code officials, or their designee, from the following jurisdictions: Tulare County Fire, Kings County Fire, Visalia, Porterville, Dinuba and Fresno City.

The City of Tulare fire code official shall serve as an ex officio and this appeals board shall only convene as needed.

C103.3 Maximum spacing. The maximum spacing between fire hydrants shall be 500 feet for residential development and 300 feet in commercial and multi-family developments.

CC105.1 The average spacing between fire hydrants shall not exceed 300 feet for any school building.

D103.5(l) Where a single gate is provided, the gate width shall be not less than 20 feet. Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 16 feet.

D 106.1 Projects having more than 50 dwelling units. Multiple-family residential projects having more than 50 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads.

The following list of CFC sections are not adopted by the City of Tulare and are hereby deleted:
307
Chapter 36
A101.3.2
A101.3.3
D106.1 Exception
ORDINANCE 2025-15

Page 5 ends

D106.2
D107.1 Exception 1

3.08.080 Safe and sane fireworks.
(A) Condition of sale. It is unlawful for any person, firm, corporation, association or organization to sell, or offer for sale, any fireworks within the city, except as expressly permitted under the terms of and for the time period set forth in this section.
(B) Time of sale. Subject to the provisions of the State Fireworks Law (Cal. Health and Safety Code, Division II, Part 2 and §§ 12500—12637), and the provisions of this code and Cal. Health and Safety Code § 12599.5, "safe and sane" fireworks as defined in Cal. Health and Safety Code § 12529, may be sold within the city beginning at 12:00 p.m. on June 28 through11:00 p.m. July 4 (hereinafter "days of sale"). The daily hours of sale on days of sale shall be 9:00 a.m. to 11:00 p.m. Pyrotechnic displays may deviate from these restrictions subject to applicable provisions of the Cal. Health and Safety Code and provided they are approved by the Fire Chief or their designated representative. (C) Permit required. No person, firm, association, corporation or organization shall sell fireworks within the city without first having obtained a permit thereof ("fireworks permit"). Prior to issuance of a permit, the requesting party shall fulfill all municipal licensing requirements and fire safety conditions outlined by the Fire Department. All permit applications shall be received in the Fire Marshal's office by no later than 5:00 p.m. May 1 of each year. Each sales booth must obtain its own permit. (D) Information required for application. Each applicant for such permit shall file a written application within the Bureau of Prevention including:
(1) Tulare Fire Department Fireworks Application Form;
(2) Property Use Agreement Form with required signatures; (3) Certificate of Liability Insurance;
(4) State Fire Marshal Fireworks Retail License;
(5) Copy of the organization's non-profit status, such as 501(c)(3) filing. (E) Qualified organization. Permits shall only be granted to nonprofit organizations, corporations or local community service organizations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes (hereinafter "qualified organization"), which can demonstrate that a majority of their financial resources and manpower are donated to projects of benefit to the total community within the city limits of Tulare.
(F) Number of available firework permits.
(1) The total number of fireworks permits available to the public shall be determined by one booth for every 4,500 persons residing within the city as determined by the Planning Department population statistics.
(2) (a) Once approved for a fireworks permit, a qualified organization shall maintain the right to that permit from year to year unless terminated by any of the following:

1. A failure to engage in the business of retailing safe and sane fireworks in the city during the prior calendar year;

2. A safety violation that in the determination of the Fire Department created or had the potential to create a danger to the public;

3. A failure to maintain the requirements of this section; or

4. Any other violations of federal, state, or local law. (b) Such termination is immediate. An appeal may be made to the City Council by giving notice to the City Manager within five days of receipt of notice of revocation. (3) If a permit becomes available, either due to termination, voluntary relinquishment, or an increase in population, a notice shall be posted publicly for a two-week application process. All completed applications will be reviewed and one eligible organization will be selected randomly by the City Clerk's Office to fill the vacancy. Applications can be picked up at either the Fire Department or the City Clerk's Office. All completed applications must be turned in to the City Clerk's Office by the date and time specified in the public notice.
(G) Application insurance requirements. Each applicant for a permit shall provide, prior to the issuance of any permit, a policy of public liability insurance with coverage of at least $1,000,000.

ORDINANCE 2025-15

Page 6 ends

(H) Fees.
(1) Prior to issuance of a fireworks permit, a permit fee, as determined by the current fee schedule for fireworks booth investigation, must be tendered to the city upon receipt of permit. (2) A $50 safety clean-up fee is required for each organization approved to sell. This fee is forfeited to the city in the event that the sales booth site is not left in a clean and orderly condition.

Organizations forfeiting this fee must resubmit this fee prior to being permitted to sell the following year. (I) Identification of fireworks booth locations.
(1) Each application shall contain a description of the site desired. Written permission of the property owner must be included in the application.
(2) No booth shall be within 100 feet of any flammable liquid storage. (3) No booth shall be placed closer than 30 feet to any building or structure. (4) No booth shall be placed within 400 feet of another booth. (J) Fireworks booth construction.
(1) All retail sales of fireworks shall be permitted only from within a temporary fireworks booth.

The sale from any other building or structure is hereby prohibited. (2) Fireworks booths need not comply with provisions of the Uniform California Building Code; provided the booth is erected under the supervision of the local Building Inspector who shall require the booth be constructed in a manner which will, reasonably, ensure the safety of attendants and patrons. (3) Each booth shall have a minimum of two exit doors.
(4) All lighting appliances used in the booth must be safe and in good condition, all bulbs or fluorescent tubes must be shielded against accidental breakage or contact. No heating devices of any kind are permitted in or near fireworks booths.
(5) All electrical wiring, including the power source, shall be installed to the satisfaction of the Building Inspector. Electrical wiring shall be at least 12 feet above the ground when subject to foot traffic, and 16 feet above the ground when subject to vehicle traffic. (K) Operational requirements.
(1) No person other than a member of the licensee organization will be permitted to sell or otherwise participate.
(2) All permits are non-transferable.
(3) All persons engaged in the selling of fireworks shall be over the age of 18 years. At least one person 21 years of age or older must be in attendance and in charge during the hours of booth operation.
(4) The hours of operations shall be limited as identified in division (B) of this section. (5) Fireworks may be sold at the booth only.
(6) No sale or delivery thereof shall be made to any person under 16 years of age in accordance with Cal. Health and Safety Code § 12689(b). (7) All permits and licenses shall be posted inside the booth. (8) Broken or damaged fireworks are not to be sold. The items will be collected and a receipt issued so credit may be received from the vendor.
(L) Safety and security.
(1) Each stand shall be provided with two fire extinguishers, rated 2A10BC or better. Such equipment is to be serviceable and accessible during all business hours. (2) No smoking is allowed within 50 feet of any booth.
(3) "No Smoking" signs shall be placed on all exterior sides of each booth and one such sign shall be posted within the booth.
(4) All weeds and combustible material shall be cleared from the location of the stand or within 30 feet thereof.
(5) No person shall light or cause to be lit any fireworks or other combustible article within 200 feet thereof.
(M)Permit revocation.
(1) If, in the judgment of the Fire Chief or his or her agent or the Building Inspector or his or her agent, the construction of the booth or the conduct of the operation therein do not conform to the provisions of this section or if in any way the operation of the stand poses a threat to public safety, such ORDINANCE 2025-15

Page 7 ends

officers or either of them, may have the permit revoked and/or the booth immediately closed. (2) No person shall sell, store, hold or possess any fireworks classified as dangerous, including firecrackers, rockets or the like, from or within any booth. If such is discovered, the permit will be revoked and the booth immediately closed.
(3) Failure to remove all traces of the booth and/or any debris resulting from the operation thereof within 48 hours of the close of business on July 6, shall result in the loss of the cleanup security deposit.
(4) A minimum of one representative from each organization must attend the annual safety meeting, provided by their respective fireworks vendor. Any organization failing to have a representative at this meeting will suffer loss of their permit.

3.08.090 Appeals.

Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Marshal to the Board of Appeals within 30 days from the date of the decision appealed.

3.08.100 Penalties.
(A) Except as specified below, any person who violates any of the provisions of this code or standards hereby adopted or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or by imprisonment not exceeding six months or by both the fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
(B) (1) In addition to any other remedies, penalties, or punishments stated herein, and to the fullest extent permitted by law, any person who violates any of the provisions of this code or standards shall also be responsible for all costs associated with the safe disposal of all confiscated fireworks as well as all expenses, costs, fees and fines associated with the investigation of the charges. (2) The City shall provide cost reimbursement to the State Fire Marshal if required pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of dangerous and illegal fireworks seized by the city, which costs will be part of any administrative fine imposed. However, such cost reimbursement shall not be required unless and until the State Fire Marshal provides services for the disposal of dangerous and illegal fireworks. (3) If the administrative fee, costs, or the cost of removal are charged against either 1) the owner of a parcel of land pursuant to this section; or 2) the person cited pursuant to § 3.08.040 who is also the property owner where the citation was given, and said fees, costs, or costs of removal are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs may be assessed against the parcel of land pursuant to Cal. Gov’t Code § 38773.5 and may be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.
(C) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

3.08.110 Repeal of conflicting ordinances.

All ordinances and parts of ordinances in conflict with the provisions of this chapter are hereby repealed.

ORDINANCE 2025-15

Page 8 ends

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

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

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 16th day of December 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.

Passed to Print: 12/2/2025
Published:

Effective:

Staff Report
Meeting: City Council
Date: December 16, 2025
Department: Community Development - Planning
Submitted by: Steven Sopp, Principal Planner
Agenda Title: Second Reading and Adoption of Ordinance 2025-16

RECOMMENDED ACTION
Adopt Ordinance 2025-16 to approve Zone Amendment 765 to apply the Mixed Use (MU) Overlay zone in order to facilitate the construction of a mixed-use development to be located on the south side of Corvina Avenue, west of Hillman Street (APN 166-250-093).

SUMMARY
This is a request by Holmes Properties LLC to apply the Mixed Use (MU) Overlay zone in order to facilitate the construction of a mixed-use development. The development is proposed to be located on the south side of Corvina Avene, west of Hillman Street (APN 166-250-003). The development proposes to construct 8 duplexes (16 units) and approximately 4,000 sq. ft. of commercial building space.

The subject property is designated Community Commercial within the general plan and is zoned C-3 (Retail Commercial). Chapter 10.080 – Land Use Tables of the City of Tulare Municipal Code lists multiple-family dwellings as being allowed in the C-3 zone “only as part of a mixed-use development.” Chapter 10.46 – Mixed-Use Overlay Zone states, “applications for incorporation into the Mixed-Use Overlay zone shall be processed consistent with Chapter 10.86 – Zoning Amendments.” The applicant has submitted this request in order to apply the mixed-use overlay zone consistent with the ordinance.

On October 27, 2025, the City of Tulare Planning Commission voted 3-0 with two commissioners absent to recommend that the City Council approve Zone Amendment No. 765. Staff has reviewed the proposed development and has found it to be consistent with Chapter 10.46 – Mixed-Use Overlay Zone. The project meets the required development standards set for the zone such as density, setbacks, building height, allowed uses etc. Staff believe that the findings required to be made per Chapter 10.46.050, found below, can be made.

B. That the traffic generated by the proposed development and the public services and facilities required can be provided by existing and planned infrastructure.

The proposed ordinance was first introduced and passed-to-print on December 2, 2025. There have been no changes to the ordinance since introduction.

ENVIROMENTAL
The proposed Zoning Ordinance Amendment is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Section 15332.

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

Item #: 7.5
Consent

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

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. Ordinance
Reviewed/Approved:

ORDINANCE 2025-16

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF SECTION 10.24.05 OF SAID CODE ZONE AMENDMENT 765
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.06.010 of the Tulare City Code; and WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and
WHEREAS, the Council of the City of Tulare finds That the site for the proposed development is adequate in size and shape to accommodate the uses, densities, and intensities of development and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscape, and other features required; and
WHEREAS, the Council of the City of Tulare finds that the traffic generated by the proposed development and the public services and facilities required can be provided by existing and planned infrastructure; and
WHEREAS, the Council of the City of Tulare finds that the proposed Zoning Ordinance Amendment is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Section 15332
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tulare as follows:

SECTION 1. The Zoning Map of the City of Tulare as referred to in Section 10.06.040 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section

10.06.040; thereof, a property portion of said map, being attached hereto, is hereby amended as follows:

REZONING approximately 1.57-acres of property to apply the Mixed Use (MU) Overlay zone in order to facilitate the construction of a mixed-use development proposed to be located on the south side of Corvina Avene, west of Hillman Street (APN 166-250-003)., as set forth more specifically on said map.

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

ORDINANCE 2025-16

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 16th day of December 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

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

Passed to Print: 12/2/2025
Published:

Effective:

Staff Report
Meeting: City Council
Date: December 16, 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 November 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. November 2025 Economic Development Bulletin
Reviewed/Approved:

Item #: 7.6
Consent
The Economic Development

BULLETIN
November 2025
Building Permits
134 Building Permits - Total Valuation $14,936,854.00
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
128 6
Net New Business Licenses
18 New Businesses
Business Address
Donut Factory 1504 E. Tulare Ave.

Jack’s Wings & Things 212 South K St.

Christy’s Grooming 1585 E. Tulare Ave.

Blossom Senior Placement Agency 378 River St.

Family Healthcare Network 858 N. Cherry St., Suite D
Pho Family 1255 N. Cherry St.

E and G Auto Electric 324 South I St.

Smoke City Smoke Shop 1111 E. Prosperity Ave.

Tmart #17 1100 E. Prosperity Ave.

Diezels BBQ 2567 E. Bardsley Ave.

Nice Nails 2 1170 E. Prosperity Ave., Suite 6
Jamba Juice 1681 Hillman St.

Kaotic Kustomz Wheel & Tire 1445 Sunset Ave.

Relation Insurance Services 1967 Hillman St.

West Coast Sourdough 487 North J St.

Sequoia Consulting 131 E. Kern Ave.

Beauty by Alyssa Jae 1955 Hillman St.

Super 7 Food Store 1117 W. Inyo 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 Travel Center
Opening approximately Summer 2026
SE Corner of Hwy 99 & Cartmill Ave.

Chick-fil-A
Under Construction
Opening approximately Summer 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
Sam’s Foods Supermarket
Remodel of former R-N Market
1043 E. Bardsley Avenue
Corvina Apartments
Mixed Use - 8 duplexes & commercial
Overlay Zone Approved
SW Corner of Corvina Ave. & Hillman St.

Site Plan Review
Preliminary Site Plan Review Applications
Project Title & Description Address
Dutch Bros Coffee
Quick-service coffee with drive-thru
SE Corner of Hwy 99 & Cartmill Ave. @ Cartmill
Commons
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: December 16, 2025
Department: Community Development - Housing
Submitted by: Alexis Costales, Housing and Grants Manager Agenda Title: Acceptance and Appropriation of 2024 CalHome Program Grant

RECOMMENDED ACTION
Accept and appropriate a 2024 CalHome Program Award in the amount of $1,000,000 from the California Department of Housing and Community Development; and authorize the execution of a standard agreement, any amendments thereto, and any related documents necessary to participate in the CalHome Program.

SUMMARY
The California Department of Housing and Community Development (HCD or Department) released the 2024 Homeownership Super Notice of Funding Availability (HOSN) in December 2024 for approximately $176.8 million in funds for the following programs: CalHome Program ($143.1 million); and, Joe Serna, Jr. Farmworker Housing Grant Program – Homeownership (“Serna Homeownership”) ($33.7 million). The City of Tulare, with Self-Help Enterprises, received City Council’s permission to apply to the HOSN, via Resolution No. 2025-13, for $1,000,000 in CalHome grant funds to implement First Time Homebuyer Mortgage Assistance (MA) and Owner-Occupied Rehabilitation (OOR) activities.

The conditional award of $1,000,000 in 2024 CalHome Program funds is based on and subject to the representations of the City’s application to the 2024 HOSN and other terms and conditions identified by HCD. Further, HCD requested that the City submit a new resolution accepting said award and related obligations, that identifies the Mayor as an “authorized representative” per California Government Code § 40602. This section states, among other measures, that “The mayor shall sign a) all warrants drawn on the city treasurer b) all written contracts and conveyances made or entered into by the city and c) all instruments requiring the city seal.” The City’s previously submitted Resolution No. 2025-13, did not list the Mayor as an authorized representative. As such, City staff prepared a new resolution as part of accepting the 2024 CalHome award and preparation for executing a standard agreement (contract no. 25-CalHome-18734) with HCD.

CalHome Program Background
CalHome funding provides Loans and Grants to Local Public Entities and Nonprofits for Homeownership Development Projects, Self-Help Technical Assistance Projects, Mortgage Assistance Programs, OwnerOccupied Rehabilitation Programs, ADU/JADU Programs, Shared Housing Programs and Programs for the Acquisition of Manufactured Housing for Agricultural Households. The administration of the CalHome and Serna Programs are governed by the applicable Program Guidelines that implement, interpret, or make specific the following laws:
• The CalHome Program was established by Chapter 6, commencing with §50650) of Part 2 of Division 31 of the California Health & Safety Code (“HSC”); • The Serna Program was established by Chapter 3.2 (commencing with §50515.2) of Part 2 of Division 31 of the HSC. The Serna Guidelines referenced in this HOSN apply only to the Homeownership elements of Serna. Rental housing development activities are governed under a separate set of Program Guidelines;
• Building Homes and Jobs Act (Sen. Bill No. 2 (2017-2018 Reg. Sess.) § 1); and, • Veterans and Affordable Housing Bond Act of 2018 (Sen. Bill No. 3 (2017-2018 Reg. Sess.) § 1) which was adopted by voters on November 6, 2018, as Proposition 1, provided funding for the Item #: 7.7
Consent
CalHome and Serna Programs and authorized the Department to administer the Programs through the Guidelines. These Guidelines were explicitly exempt from the requirements of the Administrative Procedures Act (Chapter 3.5).

FISCAL IMPACT & FUNDING SOURCES
Acceptance of a 2024 CalHome Program award will impact Fund 310 and Account 751 by way of a new appropriation across Fiscal Years 2026, 2027, and/or 2028. As a grant, the award involves reimbursement for eligible expenses up to $1,000,000 between the City and its subrecipient.

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

POTENTIAL CONFLICT OF INTEREST
Mayor Patrick Isherwood, as an employee of Self-Help Enterprises, the planned subrecipient of 2024 CalHome funds, has declared a conflict of interest and will recuse themselves.

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 the 2024 CalHome grant is not accepted by City Council, then the City will forfeit access to the conditional award of $1,000,000 and jeopardize future grant applications with HCD involving CalHome and/or related state programs.

ATTACHMENTS

1. Resolution
Reviewed/Approved:

RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF A 2024 CALHOME PROGRAM

AWARD FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS

THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM.

WHEREAS, the California Department of Housing and Community Development ("Department"), as authorized by the California General Fund, CalHome Proposition 46 and Proposition 1C, and the Building Homes and Jobs Act (Sen. Bill No. 2 (2017-2018 Reg. Sess) §1: 2022 and 2023 CalHome has issued a Homeownership Super Notice of Funding Availability, dated December 12, 2024, and amended on January 14 and 17, 2025 (“Homeownership Super NOFA”). The Homeownership Super NOFA provides funding under the following programs for homeownership: the CalHome Program and the Joe Serna, Jr., Farmworker Housing Grant Fund.; and
WHEREAS, the City of Tulare, a political subdivision of the State of California (“Public Entity”), submitted an application to the Department in response to the Homeownership Super NOFA (the “Application”) and was determined to be an eligible Grant Recipient under one or more of the foregoing programs (the “Program(s)”) pursuant to the certain conditional award letter, dated October 27, 2025 (the “Conditional Award Commitment”); and
WHEREAS, pursuant to the Conditional Award Commitment, the Department made conditional awards to the Public Entity as follows:

Program Award
CalHome Program
Mortgage Assistance
$500,000
CalHome Program
Owner Occupied Rehabilitation
$500,000
Total: $1,000,000
WHEREAS, each and all of the awards expressly identified above will hereinafter be referred to, both individually and collectively, as the “Program Award”.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare that the Public Entity is hereby authorized and directed to act in connection with the Program Award, as follows:

Section 1. Public Entity is hereby authorized and directed to accept and incur an obligation for the Program Award. That in connection with the total amount of the Program Award, the Public Entity is authorized and directed to enter into, execute, and deliver one or more, Standard Agreement(s), and any and all other documents required or deemed necessary or appropriate to secure the Program Award from the Department and to participate in the relevant Program(s), and all amendments thereto (collectively, the “Program Award Documents”).

Section 2. Public Entity acknowledges and agrees that it shall be subject to the terms and conditions specified in the, Standard Agreement(s), and that the Homeownership Super NOFA and the Application will be incorporated by reference therein and made a part thereof. Public Entity also acknowledges and agrees that any and all activities, expenditures, information, and timelines represented and described in the Application are enforceable through the relevant, Standard Agreement(s). Public Resolution 2025-XX

Page 2 ends

Entity also acknowledges and agrees that Program Award funds are to be expended only on the eligible uses and activities identified in the relevant, Standard Agreement(s).

Section 3. That the Mayor or his or her designee is hereby authorized to execute the Program Award Documents on behalf of the Public Entity.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 16th day of December 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: December 16, 2025
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Amendment to 4Creeks, Inc. Contract for Business Incubator Makers Space

RECOMMENDED ACTION
Authorize the City Manager to sign a contract amendment with 4Creeks, Inc of Visalia, CA. in the amount of $38,800 for design and construction support services associated with CIP Project “FM0051 – Business Incubator Makers Space”; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of contract amendment; appropriate additional funding in the amount of $42,680 from General Fund CIP; and approve the revised CIP project sheet.

SUMMARY
The City of Tulare was successfully in securing federal funding to develop the Tulare Business Innovation Zone (TBIZ) business accelerator. This initiative supports the creation of new small businesses, generates job opportunities, provides training for underserved populations, and promotes financial growth for local residents. A key component of this effort is the development of the TBIZ Maker's Space, which plays a vital role in the business accelerator. This space fosters both short-term economic recovery and long-term resilience for the City of Tulare and the broader region, particularly as small businesses continue to recover from effects of the COVID-19 pandemic. The Maker's Space will be equipped with essential tools such as 3D printers, laser cutters, CNC machines, soldering irons, and sewing machines.

These resources will create an environment where emerging businesses can receive hands-on training, access wraparound services, and develop prototypes and products. This initiative is supported by key collaborative partners, including the Tulare Chamber of Commerce, Small Business Development Center, U.S. Commercial Service, Tulare County Workforce Investment Board, College of the Sequoias, Tulare County Economic Development Corporation, Southern California Edison, and others.

Currently, the space within the basement of the Business Incubator that will house the Maker’s Space is a vacant room lacking necessary electrical, mechanical, plumbing, sound-proofing and other improvements necessary to support the planned operations that will take place within. Design services are required to prepare the necessary permit-ready plans and estimates for the required improvements, and to assist City staff during their construction. On July 8, 2022, City Council approved a contract with 4Creeks Inc. in the amount of $352,647.00 for design and construction support services associated with CIP Project “FM0046 – Court House Renovation”. A contract amendment with 4Creeks, Inc. is proposed for the additional services desired. 4Creeks, Inc. provided the attached contract amendment proposal, which staff has reviewed and determined to be reasonable and consistent with current construction practices.

FISCAL IMPACT & FUNDING SOURCES
CIP Project “FM0051 – Business Incubator Maker Space” has the following funding sources programmed in the 2025-2030 CIP:
• Other General Fund CIP - $220,325.93
• Federal Appropriation - $597,874.07
An additional funding appropriation in the amount of the proposed contract amendment and associated 10% contingency is required ($42,680). Adjustment of the federal appropriation is not possible. The additional funding required is proposed to come from Other General Fund CIP, resulting in the revised funding shown below and reflected in the attached revised CIP project sheet:

Item #: 7.8
Consent
• Other General Fund CIP - $263,005.93
• Federal Appropriation - $597,874.07

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
The original contract with 4Creeks, Inc. was subject to City Attorney review. No additional legal review is required for the proposed contract amendment.

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

ALTERNATIVE ACTION

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

2. Deny – Should Council not wish to utilize the contract amendment alternative to obtain necessary services, staff could request proposals from other consultants that the City has on-call contracts with.

This would result in significant delay to the project. Failure to complete the project could jeopardize the federal funding obtained for the project. Significant expenditure of federal funds has already occurred in the purchase of equipment and supplies for the Makers Space.

3. Table – Tabling the item would result in a delay to the project.

ATTACHMENTS

1. 4Creeks Amendment Proposal

2. FM0051 Revised Project Sheet
Reviewed/Approved:

November 24, 2025
Tulare Makerspace
Attn: Michael Miller
City Engineer
City of Tulare
411 E. Kern Ave.

Tulare, CA 93274
Subject: Amendment for Design Services for the Tulare Makerspace Project Dear City of Tulare,
We have prepared the following proposal Amendment for the Tulare Makerspace Project.

Per the following, this document represents an amendment to the work scope and fees of the original agreement dated June 24, 2025. All of the exclusions, notes, and scope of the original proposal apply.

Sincerely,
Matthew Ainley, PE RCE #66233 William Ruoff, Architect C-6886 Principal Project Architect
encl: Attachment A – Scope of Work and Estimated Fees
Job no: 240758

SCOPE OF WORK
Task Overview
Task 2: Architectural Permit Documents
4 Creeks will create a set of documents suitable to obtain a building permit. Prior to this phase, the design decisions have been made, agreed upon and approved by the CLIENT.

Methods
• Based on the approved floor plans presented to the CLIENT, the ARCHITECT will further refine the drawings and add code required detailing and annotations. These drawings and specifications will set forth the code requirements for permitting. • The ARCHITECT will work with and coordinate the work of the engineering Consultants as required to develop the permit documents.
• The ARCHITECT will meet with the CLIENT to review drawings, receive feedback as modify the design as required. This phase assumes only minor refinements to the plans.

The above-described Task 2 design services will be provided on a Fixed Fee basis for $8,200.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 3: Electrical Permit Documents
4 Creeks will work with Rose Sing Eastham to create a set of documents suitable to obtain a building permit.

Methods
• Provide electrical design documents to support the proposed Tenant Improvements for the Makerspace as
• Electrical design scope includes:
o Power / Lighting Design, One-Line Diagram, Schedules, Details, Energy Compliance Forms (Title 24), Load Calculations, Specifications, Working Drawings
The above-described Task 3 design services will be provided on a Fixed Fee basis for $10,400. Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 4: Mechanical and Plumbing Permit Documents
4 Creeks will work with Caliber Mechanical to create a set of documents suitable to obtain a building permit.

Methods
• The existing mechanical unit will serve Makerspace. A new ducted split system will be selected for the Wood Shop.
• A specialty dust collection system is not in scope for the Wood Shop and a specialty exhaust system isn’t required for the equipment in the Wood Shop or Makerspace. • Plumbing is limited to an emergency eye wash station, sump pump, hand sink, and jet cutter in the Wood Shop.
• Hot water will be provided to the space – if needed – via an electric point of use water heater or connecting to the existing hot water loop nearby. • Mechanical, Plumbing, & Title 24 Documentation calculations to be performed per current California Codes.

The above-described Task 4 design services will be provided on a Fixed Fee basis for $10,200. Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 5: Sprinkler Modification
4 Creeks will work with Johnson Fire to create a set of documents suitable to obtain a building permit and modify the existing sprinklers to conform to the fire code.

The above-described Task 5 design services will be provided on a Fixed Fee basis for $1,000.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 6: Specifications and Bidding Assistance
4Creeks will provide assistance during the bidding phase to the help the City receive clear and concise bids from Contractors for the project construction. 4Creeks will provide the following bidding phase services:

Methods
• Attend and participate in a pre-bid meeting with the City and Contractors • Provide supplemental instructions and clarifications to bidders as necessary; produce addendums to modify the bid documents (plans and specifications) as required • Review bids received at the bid opening held by the City and provide a recommendation for award
• Provide front end and back end specifications for the project The above-described Task 6 design services will be provided on a Fixed Fee basis for $3,800.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 7: Permitting
4 Creeks will work with the owner to obtain building permit approval from the Building Department
Methods
• The ARCHITECT will coordinate the building permit submittal with the CLIENT’S Consultants and will follow up with the building department until the permit is ready for issuance.

The above-described Task 7 services will be provided on an Hourly Estimate not to exceed $1,200 without prior authorization. Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 8: Construction Observation
4 Creeks will assist the CLIENT and the Contractor during the construction phase with plan clarifications, supplemental information, general coordination and modifications. The ARCHITECT will visit the site during construction at regular intervals to observe and advise the CLIENT on construction process, quality and conformance with the Permit Documents.

Methods
• Construction Kick-off meeting with ARCHITECT, CLIENT and Contractor • Construction observation as required
• Site visit to review the work prior to occupancy as required • Product Construction document clarifications / modifications as required • Review and Respond to Contractor requests for information in a timely manner • Review and Approval of Contractor Submittals
The above-described Task 8 services will be provided on an Hourly Estimate not to exceed $4,000 without prior authorization. Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

ESTIMATED FEES
Task 2 Architectural Permit Documents Fixed Fee $ 8,200 Task 3 Electrical Permit Documents Fixed Fee $ 10,400
Task 4 Mech/Plumbing Permit Documents Fixed Fee $ 10,200 Task 5 Fire Sprinkler Design Fixed Fee $ 1,000
Task 6 Specifications and Bidding Assistance Fixed Fee $ 3,800 Task 7 Permitting Hourly Estimate $ 1,200
Task 8 Construction Observation Hourly Estimate $ 4,000 CLIENT SIGNATURE: DATE:

PROJECT MANAGER(s):

PROJECT DESCRIPTION & PURPOSE:

KEY POINTS:

PROJECT STATUS:

PROJECTED START DATE:

PROJECTED END DATE:

FUTURE M & O:
(Additional Cost & Department
Responsibility)
CRITERIA (1-8):
2025/2026 2026/2027 2027/2028 2028/2029 2029/2030
010 - Administrative $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 020 - Conceptual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 030 - Preliminary Design $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 040 - Environmental $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 050 - Final Design $0.00 $50,880.00 $0.00 $0.00 $0.00 $0.00 $50,880.00 0202 - Professional Services/Consultant $0.00 $50,880.00 $0.00 $0.00 $0.00 $0.00 $50,880.00 060 - Right of Way/Property $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 070 - Construct/Impliment $0.00 $810,000.00 $0.00 $0.00 $0.00 $0.00 $810,000.00 0200 - Professional Services/Consultant
0205 - Labor Compliance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0611 - Construction Management $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0612 - Materials Testing $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0400 - Permits $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0700 - Construction/Labor & Materials Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0607 - Equipment/Materials $0.00 $810,000.00 $0.00 $0.00 $0.00 $0.00 $810,000.00 Unfunded
Underway
9/1/2024
6/30/2025
TBD
Criteria 5: Project extends an existing City Program or function to meet the Council's vision and explicit direction.

Costs Description Prior Fiscal
Years
5-Year CIP
Total
(Capital)
District(s): All
Gladys Gonzalez, Michael Miller, Bryan Cahill
The City of Tulare has secured federal funding to develop the Tulare Business Innovation Zone (TBIZ) business accelerator. This initiative supports the creation of new small businesses, generates job opportunities, provides training for underserved populations, and promotes financial growth for local residents. A key component of this effort is the development of the TBIZ Maker’s Space, which plays a vital role in the success of the business accelerator. This space fosters both short-term economic recovery and long-term resilience for the City of Tulare and the broader region, particularly as small businesses continue to recover from the effects of the COVID-19 pandemic. The Maker’s Space will be equipped with essential tools such as 3D printers, laser cutters, CNC machines, soldering irons, and sewing machines. These resources create a cutting-edge environment where emerging businesses can receive hands-on training, access wraparound services, and develop prototypes and products. This initiative is supported by key collaborative partners, including the Tulare Chamber of Commerce, Small Business Development Center, U.S. Commercial Service, Tulare County Workforce Investment Board, College of the Sequoias, Tulare County Economic Development Corporation, Southern California Edison, and others.

Economic Development
2025 - 2030 CIP Facility Maintenance
PROJECT #: FM0051
Business Incubator Maker Space
(Capital)
15 0996 - Project Management Time $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0999 - Contingency $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 080 - Close Out $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Costs: $0.00 $860,880.00 $0.00 $0.00 $0.00 $0.00 $860,880.00 $0.00 2025/2026 2026/2027 2027/2028 2028/2029 2029/2030
Fund 601 - Other General Fund CIP $0.00 $263,005.93 $0.00 $0.00 $0.00 $0.00 $263,005.93 $0.00 Fund 993 - Federal Appropriation $0.00 $597,874.07 $0.00 $0.00 $0.00 $0.00 $597,874.07 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Total Funding: $0.00 $860,880.00 $0.00 $0.00 $0.00 $0.00 $860,880.00 $0.00 G/L #'s:

Notes: Revised 12/16/25 to reflect PS&E contract addendum approved by Council this Funding Sources Prior Fiscal
Years
5-Year CIP
Total Unfunded
16 Staff Report
Meeting: City Council
Date: December 16, 2025
Department: Public Works - Streets
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Notice of Completion - 2025 Cape Seal Project

RECOMMENDED ACTION
Accept as complete the contract with VSS International, Inc. of West Sacramento, CA, for the 2025 Cape Seal Project. Authorize the Public Works Director 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
The 2025 Cape Seal Project was awarded at the July 15, 2025 City Council meeting to VSS International, Inc. of West Sacramento, CA in the amount of $984,325. The project consisted of mobilization & demobilization, traffic control, applying 112,004 square yards of Asphalt Rubber Chip Seal (3/8” Grading) and 112,004 square yards of Micro-Surfacing (Type II). The streets that received treatment were as follows:
• Kaweah Drive, Helene Street, Finch Avenue, Sedro Street, and Boyer Drive • Washington Avenue, Mark Twain Avenue, Dickens Avenue, Michell Avenue, Hemingway Court, and Alcott Street
• Champagne Street, Bettinelli Court, York Mountain Court, Firestone Street, Arneis Avenue, Malvasia Avenue, and Cortese Street
• Maricopa Street, Marin Street, Shasta Avenue, Stafford Court, Mendocino Court, Trinity Court, and Napa Court
• Olema Avenue, Santa Cruz Avenue, Capistrano Avenue, Denair Street, Omega Avenue, Milner Street, Short Avenue and Alpha Street
All work required of VSS International under this contract has been completed in accordance with the bid specifications. There were no change orders, and the project was completed at the contract amount of $984,325. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount.

FISCAL IMPACT & FUNDING SOURCES
This project was funded by the Annual Transportation – Maintenance Account, which has a balance of $1,200,607. The City also received a grant from the CalRecycle Rubberized Pavement Grant Program for $64,073.

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.

Item #: 7.9
Consent

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 VSS International, Inc. at this time, it will prevent the City from releasing payment of the retention amount owed to the Contractor and prevent the City from filing a Notice of Completion with the County. This also would postpone 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 GOVERNMANET 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 16th day of December, 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 VSS International, Inc. whose address is 3785 Channel Drive, West Sacramento, CA 95691. The surety on said contract is Western Surety Company.

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

City of Tulare – Cape Seal Pavement Management Project
Dated: , 2025 CITY OF TULARE
A Municipal Corporation,
By:

Trisha Whitfield, Public Works Director
VERIFICATION:

I am the Public Works Director 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:

Trisha Whitfield, Public Works Director
Staff Report
Meeting: City Council
Date: December 16, 2025
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Construction Award PK0039 Alpine Property Improvements

RECOMMENDED ACTION
Award and authorize the City Manager to sign contracts related to CIP Project “PK0039 Alpine Property Improvements”; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount; appropriate an additional $45,795 of funding from Fund 400 – Other General Fund CIP; and approve the revised project sheet.

SUMMARY
Within the Cambridge Homes subdivision, located north of Bardsley Avenue and east of Mooney Boulevard, six acres of property at the southeastern corner of Alpine Avenue and Nelder Grove Street was donated to the City of Tulare for the purposes of park and open space development. Consequently, the site has remained undeveloped since its donation. On December 19, 2023, the City Council authorized the City Manager to execute a lease agreement with the Tulare City School District for the aforementioned property. Staff requested a proposal from Lane Engineers, Inc., of Tulare, California, for design and construction support services related to frontage improvements. Lane Engineers submitted a proposal to perform the specified scope of work for $49,900. Various contracts are required for this project. In addition to the actual construction contract, it will be necessary to supplement City staff with various consultant services from the City’s on-call consultants.

2. Construction Inspection: 4 Creeks
Given the high volume of projects across the city, both private and public, the City lacks the inhouse staff capacity to conduct the necessary construction inspections for the Alpine Property Improvement Project. Public improvement projects require contract compliance inspections. 4 Creeks of Visalia, CA, is included on the list of pre-qualified On-Call Construction Management, Resident Engineer, and Inspection Consultants. The company has demonstrated in its proposal that it possesses the necessary skills, expertise, and resources to meet the City’s needs within the required timeframe for completing the project. 4 Creeks has reviewed the scope of this project and has proposed to perform construction inspection services on a time-and-materials basis, not to exceed $25,000, in accordance with the provisions of their on-call contract. This amount aligns with industry standards and matches what the City has experienced on projects with similar scopes of work.

Labor Consultants of California, based in Hanford, CA, is included on the list of pre-qualified OnCall Labor Compliance Monitoring consultants. The company has demonstrated in its proposal that it possesses the necessary skills, expertise, and resources to meet the City’s needs and timeframe for completing the project work. Labor Consultants of California has reviewed the scope of this project and proposes to perform the necessary services on a time-and-materials basis, not to exceed $8,273, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and aligns with the City's experience on projects with similar scopes of work.

Staff recommends awarding and authorizing the City Manager or their designee to sign contracts related to City Project PK0039, specifically the Alpine Property Improvement Project. Additionally, staff recommends granting the City Manager or their designee the authority to approve contract change orders up to 10% of each contract's amount and to approve the revised budget.

FISCAL IMPACT & FUNDING SOURCES
CIP Project “PK0039 – Alpine Property Improvements” was originally programmed in the 2023-2028 CIP, and subsequently carried over into the 2025-2030 CIP. The overall project funding programmed in the 2025-2030 CIP was $420,000, with the entirety coming from “Fund 400 – Other General Fund CIP”. It will be necessary to appropriate an additional $45,795 to complete the project based upon the proposed contract amounts. The cost increase is due to industry-wide fluctuations in labor and material prices that have occurred since the project’s inception. A revised project sheet is attached. • Fund 400 – Other General Fund CIP – $465,795

ENVIRONMENTAL REVIEW
The proposed project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15301(c).

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

LEGAL REVIEW
Subsequent contract approval to be revised by the City Attorney.

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

ALTERNATIVE ACTION

1. Approve with changes – Staff would work to incorporate changes directed by Council.

2. Deny – Council could elect to reject all bids for the project, and direct staff to rebid the project at a later date. The resulting project delay would impact Tulare City School District plans to develop the property.

3. Table – The resulting project delay would impact Tulare City School District plans to develop the property.

ATTACHMENTS

1. Clean Cut Landscaping Bid Sheet

2. 4Creeks Inspection Proposal

3. Krazan Material Testing Proposal

4. Lane Engineers Surveying Proposal

5. Labor Consultants of California Proposal

6. Revised Project Sheet
Reviewed/Approved:

GE O TECHNI CAL EN GINEERING  ENVIRONMENTAL ENGINEERING  CONSTRUCTION TESTING AND INSPE CTI ONS With Offices Serving the Western United States
215 W. Dakota Avenue  Clovis, CA 93611  559-348-2200  Fax 559-348-2201  www.krazan.com November 19, 2025 KA Proposal No. T25780CAF
Mr. Dylan Chimienti
City of Tulare
411 East Kern Avenue
Tulare, CA 93274
O: (559) 684-4267
Email: [email protected]
RE: SPECIAL INSPECTION & MATERIALS TESTING ESTIMATE
City of Tulare – Alpine Avenue Frontage Improvements
Alpine Avenue
Tulare, California
Dear Mr. Chimienti:

Krazan & Associates (Krazan) appreciates the opportunity to submit this proposal for testing and inspection for the City of Tulare – Alpine Avenue Frontage Improvements project.

The following preliminary estimate is based on our experience with similar construction and a review of the provided plans. As more information becomes available, such as the contractor’s construction schedule, we would be happy to revise the project estimate. Variances in the actual schedule may occur during the project and may affect the total cost for our testing and inspection services. Please refer to the attached estimate for further information.

We have provided our standard form of agreement with this proposal. Please note that the terms and conditions of the agreement are an integral part of our proposal and fee structure. Please initial, sign and return the agreement to us as our authorization to proceed. Upon receipt, we will execute the contract and return a signed original for your files. Should we be requested to start work prior to our receipt of a mutually acceptable signed contract, with the request received through email or oral communication, and our subsequent start of work, will constitute your express or implied acceptance of the terms and conditions of our attached Agreement.

In the event that a Purchase Order will be issued as part of the authorization process for us to proceed, the Purchase Order must specifically incorporate this proposal by reference. By issuing a Purchase Order authorizing our services, it is agreed that the terms of the Purchase Order shall be null and void even where stated otherwise on the Purchase Order and that the terms of the attached agreement shall prevail.

Again, we appreciate the opportunity to submit this estimate and we believe you will be pleased with the selection of our firm. The following pages include the anticipated scope of work, hourly rates and estimate of costs for our services, general conditions, and contract. If you have any questions, or if we can be of further assistance, please do not hesitate to call our office at 559-348-2200.

The following items are included as an Attachment:

Attachment A – Budget Estimate
Attachment B – Agreement for Engineering Consulting Services, Construction Observation, & Materials Testing Services (Pages 1 – 8)
Respectfully submitted,

KRAZAN & ASSOCIATES
Ian G. Beatty
Project Manager
Testing & Inspection Division
City of Tulare, Alpine Avenue Frontage Improvements KA Proposal No. T25780CAF

QUALITY ASSURANCE TESTING & INSPECTIONS

TESTING & INSPECTION
No. Days No. Units Unit Rate Cost
Building Pad Compaction Testing 0 2 $120.00 $0.00
Utility Line Trench Backfill Compaction Testing 0 4 $120.00 $0.00 Pavement Area Sugrade Soil Compaction Testing 12 4 $120.00 $5,760.00 Pavement Area Aggregate Base Compaction Testing 6 2 $120.00 $1,440.00 Asphalt Batch Plant Sampling 2 4 $75.00 $600.00
Asphalt Compaction Testing 2 8 $120.00 $1,920.00
Asphalt Compaction Testing (Overtime) 0 4 $180.00 $0.00 Misc. Subgrade Soil Compaction Testing 5 2 $120.00 $1,200.00 Soil/Agg Base/Concrete Sample Pickup 4 2 $75.00 $600.00 Concrete Inspection and Sampling 5 2 $115.00 $1,150.00
Masonry Inspection and Sampling 0 4 $125.00 $0.00
Epoxy/Achor Bolt Inspection 0 2 $120.00 $0.00
Welding / Bolting Inspection 0 4 $125.00 $0.00
Project Management 4 1 $100.00 $400.00
Report Preparation 4 1 $55.00 $220.00
Registered Civil Engineer Review 2 1 $125.00 $250.00
$13,540.00
Laboratory Testing No. Units Unit Rate Cost
Soil Maximum Density Proctor (per material) 4 $200.00 $800.00 Aggregate Base Maximum Density Proctor (per material) 1 $200.00 $200.00 Aggregate Base Class 2 Suitability Testing (Gradation, SE, R-value, Durability) 1 $695.00 $695.00 Asphalt Production Startup Evaluation 0 $2,800.00 $0.00 Asphalt Oil Content by Ignition Oven 2 $225.00 $450.00
Asphalt Maximum Density 1 $300.00 $300.00
Asphalt Specific Gravity/Air Voids 1 $300.00 $300.00
Aphalt Hamburg Wheel Tracker 0 $1,800.00 $0.00
Asphalt Aggregate Gradation 2 $175.00 $350.00
Asphalt Aggregate Sand Equivalent 0 $75.00 $0.00
Concrete Compressive Strength (per set of 5) 5 $125.00 $625.00 Masonry Compressive Strength (per set of 5) 0 $125.00 $0.00 $3,720.00
$17,260.00
Krazan Quality Assurance Testing Estimate
Inspection Labor Subtotal
Laboratory Subtotal
TOTAL ESTIMATED QUALITY ASSURANCE COSTS:

KRAZAN and Associates, Inc.

GE O TECHNI CAL EN GINEERING  ENVIRONMENTAL ENGINEERING  CONSTRUCTION TESTING AND INSPE CTI ONS City of Tulare Alpine Avenue Frontage Improvements

1. 2.

3. 4.

5. 6.

7. 8. Services initiated between the hours of 7:00 a.m. and 3:30 p.m. for Regular, non-PW projects, and between 4:00 AM and 2:00 PM for Prevailing Wage projects,will be performed at the standard rates presented in the PROPOSAL and Fee Schedule. Services initiated outside of these hours will be billed at the appropriate rate plus a premium of 12.5 percent. Services rendered in excess of 8 hours (up to 12 hours) on any week day and on Saturdays will be billed at time and a half the hourly rate. Services rendered in excess of 12 hours on any weekday, on Holidays, on Sundays, or in excess of 8 hours on Saturdays or will be charged at double the hourly rate.

KA Proposal T25780CAF

FEE STRUCTURE
We will perform the services listed above on a time and material basis in accordance with our 2025 standard rate schedule. A detailed breakdown of this cost estimate is attached as Attachment A. Costs for construction testing and inspection services are highly dependent on contractors schedule; weather, overlapping of work, additional inspections required by the building official and other factors. Krazan & Associates does not control the work or production rate. Actual costs will vary due to the frequency of scheduling by others. Therefore the quantities listed in our cost estimate should be considered approximate.

The estimate provided herein does not imply a lump sum fee, not-to-exceed fee or a guaranteed maximum price.

Consistent with good engineering practice, we will work with the contractor to keep inspection costs at a minimum. If provided with a construction schedule this cost estimate can be further refined and quantified.

COORDINATION
Additional services requested outside of our stated scope of work will be billed in excess of the estimated amount at our current rates. A price list for these services will be provided upon request.

Services will be performed on a “time and materials” basis. Any total estimates provided are merely estimates and are not a guaranteed maximum price. A two (2) hour minimum charge applies to all inspection services. All inspections performed will be billed on a portal to portal basis unless specifically noted otherwise. Twelve (12) hours notice of cancellation required on all jobs.

Inspections which are cancelled with less than twenty-four (24) hours’ notice, or after an inspector has been dispatched to the project site, will be charged the minimum fee associated with the type of inspection or testing requested.

All concrete samples will be cast in 4-inch diameter x 8-inch high molds unless otherwise agreed.

Additional samples for contractor convenience testing and/or field cure samples are not included in this estimate.

Contractor will provide curing facilities in accordance with ASTM requirements for initial curing (the first 24 hours after specimens are cast) and protection of concrete test specimens on site.

The stated labor rates Do reflect the current General Prevailing Wage Determination made by the State of California Director of Industrial Relations Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. Determination : NC-63-3-9-2024-1, dated June 25, 2025.

KRAZAN and Associates, Inc. KA Proposal # TI 274-13
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T25780CAF City of Tulare Alpine Avenue Frontage Improvements Contract Please Initial

AGREEMENT FOR ENGINEERING CONSULTING SERVICES,

CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES THIS AGREEMENT is made by and between KRAZAN & ASSOCIATES, with its principal office located at 215 West Dakota Avenue, Clovis, California, 93612, hereinafter referred to as “Consultant”, and City of Tulare, whose principal address is 411 East Kern Avenue, Tulare, CA 93274, hereinafter referred to as “Client.” This Agreement between the parties consists of the TERMS AND CONDITIONS (below), the attached PROPOSAL titled “City of Tulare – Alpine Avenue Frontage Improvements ,” file number T25780CAF, dated November 19, 2025 (“PROPOSAL”), and any exhibits or attachments cited in the PROPOSAL, which are incorporated in full by this reference. This Agreement, executed in Clovis, CA, is effective as of the date this Agreement is countersigned by Krazan & Associates, or the date on which Consultant initiates services as scheduled by Client, whichever occurs earlier. Scheduling of Consultant’s Services by Client or Client’s agent or designee will constitute Client’s acceptance of these terms and conditions. WITNESSETH, that the parties hereto, in consideration of the mutual promises and benefits flowing to each of the parties hereto as hereinafter stated, do mutually agree as follows:

1. DEFINITIONS

1.1. Contract Documents. Plans, specifications, and agreements between Client and Contractor, including amendments, supplementary instructions, and change orders.

1.2. Contractor. The contractor or contractors, and including its/their subcontractors of every tier, retained to construct the Project for which Consultant is providing Services under this Agreement.

1.3. Day(s). Calendar day(s) unless otherwise stated.

1.4. Hazardous Materials. The term Hazardous Materials means any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous materials, toxic substances or pollution.

1.5. Services. The professional services provided by Consultant as set forth in this Agreement, as included in Consultant’s PROPOSAL and any written Purchase Orders, Service Orders, Task Orders or Work Orders, and Change Order or amendment to this Agreement, and Consultant’s professional services as scheduled by Client’s Contractor through oral or written communication.

1.6. Work. The labor, materials, equipment and services of the Contractor required to complete the project in accordance with the approved plans and specifications, and building code requirements.

1.7. Fee Schedule. Consultant’s standard annual fee schedule.

1.8. Inspection (or Observation). Visual determination of conformance with specific or, on the basis of Consultant’s professional judgment, general requirements.

1.9. Testing. Measurement, examination, performance of tests, and any other activities to determine the characteristics or performance of materials.

1.10. Governmental Agencies. All federal, state and local agencies having jurisdiction over the Project.

1.11. Proposal. Document issued by Consultant identifying the Client, Project, Scope of Services, Fee Structure (Fixed Fee or Time-and-Materials) the Fixed Fee or in the case of Services provided on a time-and-materials basis the estimated cost of services, including estimated quantities and unit rates.

2. SCOPE OF SERVICES

2.1. Basic Services. Consultant will perform the Scope of Services set forth in the project-specific Proposals along with any additional services requested by Client’s Project Manager or Site Representative.

2.2. Optional Services / Additional Services. Consultant’s Proposal may include the performance of optional services as identified in the project-specific Proposal which will require specific written authorization by Client. In the absence of specific authorization to proceed with optional services when listed, said services will not be performed. Client expressly waives any claim against Consultant resulting from its failure to perform Optional or Additional Services recommended to Client that Client has not authorized Consultant to perform, and any claim that Consultant failed to perform services that Client instructs Consultant not to perform.

2.3. Changes in Scope. If Consultant provides Client with a written notice of a change in the Proposal or the Services, it will become an amendment to this Agreement unless Client objects in writing within 5 business days after receipt. All Services performed by Consultant on the Project, whether requested and/or authorized by Client by oral or written communication, are subject to the terms and limitations of this Agreement. If Services are performed, but the parties do not reach agreement concerning modifications to the Proposal, Services or compensation, then the terms and limitations of this Agreement apply to such Services, except for the payment terms. The parties agree to resolve disputes concerning modifications to scope or compensation pursuant to Article 15, “Disputes.”

2.4. Changes in Schedule. Because of the uncertainties inherent in the Services contemplated, time schedules are only estimated schedules and are subject to revision unless otherwise specifically stated in the Proposal.

2.5. Licenses. Consultant will procure and maintain business and professional licenses and registrations necessary to provide its Services.

2.6. Sampling, Inspection & Test Locations, Site Protection. Unless specifically stated otherwise, the Scope of Services does not include surveying the Site or precisely identifying sampling, inspection or test locations, depths or elevations. Sampling, inspection and test locations, depths and elevations will be based on field estimates and information furnished by Client and its representatives.

Unless stated otherwise in the report, such locations, depths and elevations are approximate. Consultant will take reasonable precautions to limit damage to the Project Site or Work due to the performance of Services, but Client understands that some damage may necessarily occur in the normal course of Services, and this Agreement does not include repair of such damage unless specifically stated in the Proposal.

2.7. Excluded Services. Consultant’s Services under this Agreement include only those Services specified in the Proposal, and those services subsequently requested by Client and agreed to by Consultant. Client expressly waives any claim against Consultant resulting from its failure to perform recommended additional Services that Client has not authorized Consultant to perform, and any claim that Consultant failed to perform services that Client instructs Consultant not to perform.

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2.8. Construction Phase Services.

2.8.1. Scheduling. Client or their designated agent shall cause all required tests and inspections of the site, materials and work performed by their Contractor to be scheduled no less than one full work day prior to the time when Consultant is to perform their scheduled tests or inspections. No claims for loss, damage or injury shall be brought against Consultant by Client or any third party for tests or inspections not performed due to inadequate scheduling notice provided to the Consultant by Client.

2.8.2. Authority of Consultant. Consultant will report observations and data to the Client and the General Contractor.

Consultant will report any observed work to the Client or Client’s representative, which, in Consultant’s opinion, does not conform with plans, specifications, and codes applicable to the Project. Consultant has no right or responsibility to approve, accept, reject, or stop work of any agent of the Client. Consultant is not responsible for Contractor’s means, methods, techniques or sequences during the performance of its Work. Consultant will not supervise or direct Contractor’s Work, or be liable for any failure of Contractor to complete its Work in accordance with the Project’s plans, specifications and applicable codes, laws and regulations. Consultant does not warrant or guarantee that all of the Work performed by Contractor meets the requirements of the approved plans and specifications for such Work or the Consultant’s recommendations. Consultant shall not be responsible for job site safety or the evaluating and reporting of job conditions concerning health, safety or welfare. No action of Consultant or Consultant’s representative can be construed as altering any Agreement between the Client and others. Consultant has no right to reject or stop work of any agent of the Client. Such rights are reserved solely for the Client.

2.8.3. Contractor’s Responsibilities. Contractor has sole responsibility for the means, methods, techniques or sequences during the performance of its Work. Client understands and agrees that Contractor, not Consultant, has sole responsibility for completion of the Work in accordance with the approved plans and the building code requirements, and for the safety of persons and property at the Project Site.

2.8.4. Review of Contractor’s Submittals. If included in the Scope of Services, Consultant will review and take appropriate action on the Contractor’s submittals, such as shop drawings, product data, samples, and other required submittals. Consultant will review such submittals solely for general conformance with Design Consultant’s design, and will not include review for the following, all of which will remain the responsibility of the Contractor: accuracy or completeness of details, quantities or dimensions; construction means, methods, sequences or procedures; coordination among trades; or construction safety.

2.8.5. Site Meetings & Visits. When providing geotechnical engineering services during the construction phase of the project, Consultant will participate in job site meetings as requested by Client, and, unless otherwise requested by Client, visit the site at times specified in the Proposal or, if not specified in the Proposal, at intervals as Consultant deems appropriate to the various stages of construction to observe the geotechnical conditions encountered by Contractor and the progress and quality of the geotechnical aspects of the Work. Based on information obtained during such visits and on such observations, Consultant may inform Client of the progress of the geotechnical aspects of the Work. Client understands that Consultant may not be on site continuously; and, unless expressly agreed otherwise, Consultant will not observe all of the Work. Consultant will report any observed geotechnical related Work to the Client which, in Consultant’s professional opinion, does not conform with plans and specifications.

2.8.6. Variation of Material Characteristics and Conditions. Observations and standardized sampling, inspection and testing procedures employed by Consultant will indicate conditions of materials and construction activities only at the precise location and time where and when Services were performed. Client recognizes that conditions of materials and construction activities at other locations may vary from those measured or observed, and that conditions at one location and time do not necessarily indicate the conditions of apparently identical material(s) at other locations and times. Services of Consultant, even if performed on a continuous basis, should not be interpreted to mean that Consultant is observing, verifying, testing or inspecting all materials on the Project.

Consultant is responsible only for those data, interpretations, and recommendations regarding the actual materials and construction activities observed, sampled, inspected or tested, and is not responsible for other parties' interpretations or use of the information developed. Consultant may make certain inferences based upon the information derived from these procedures to formulate professional opinions regarding conditions in other areas.

2.8.7. Tests. Tests performed by Consultant on finished Work or Work in progress are taken intermittently and indicate the general acceptability of the Work on a statistical basis. Consultant’s tests and observations of the Work are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements.

2.8.8. Certifications. Client agrees not to require that Consultant execute any certification with regard to Services performed or Work tested and/or observed under this Agreement unless: 1) Consultant believes that it has performed sufficient Services to provide a sufficient basis to issue the certification; 2) Consultant believes that the Services performed or Work tested and/or observed meet the criteria of the certification; and 3) Consultant has reviewed and approved in writing the exact form of such certification prior to execution of this Agreement. Any certification by Consultant is limited to an expression of professional opinion based upon the Services performed by Consultant, and does not constitute a warranty or guarantee, either express or implied.

2.8.9. Final Report. At the conclusion of Construction Phase Services, Consultant will provide Client with a written report summarizing the tests and observations, if any, made by Consultant. Issuance of the Final Report is contingent on payment in full by Client for all undisputed invoices and services provided by Consultant.

3. PAYMENTS TO CONSULTANT

3.1. Basic Services. Consultant will perform its Services on either a Lump Sum/Fixed Fee or Time-and-Materials/Time-andExpense basis as identified in the PROPOSAL.

3.2. Additional Services. Any additional services performed under this Agreement, including increased hours or units for those services expressly identified in the attached PROPOSAL, and any additionally requested inspection and/or testing tasks, will be provided on a Time-and-Materials basis at the rates established for the project, above and beyond any prior quoted estimate, not-to-exceed or lump sum fee unless otherwise specifically agreed to in writing by both parties.

3.3. Estimate of Fees. Consultant will, to the best of its ability, perform the Services and accomplish the objectives defined in this Agreement within any written cost estimate provided by Consultant. Client recognizes that changes in scope and schedule, and unforeseen circumstances can all influence the successful completion of Services within the estimated cost. In particular, construction CA COMT 2025.1.1 Page 3 of 8 __________/__________
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materials testing and inspection or observation services are highly dependent on contractors’ schedules, weather, overlapping of work and many other factors. Client recognizes that changes in scope and schedule, and unforeseen circumstances, Contractor performance and production of the Work can all influence the successful completion of Services within the estimated cost. The provision of an estimate of fees or a cost estimate is not a guarantee that the Services will be completed for that amount; Consultant’s Services shall continue on a time and expense basis to completion of the required Services unless directed otherwise by Client. Furthermore, where a provision of a “not to exceed” limitation is included in the proposal it is not a guarantee that the Services will be completed for that amount; rather, it indicates that Consultant will not incur fees and expenses chargeable to Client in excess of the “not to exceed” limitation amount without notifying Client in writing that the “not-to-exceed” amount has been reached and that Services will continue on a Time-and-Materials basis unless directed by Client to discontinue any further Services.

3.4. Rates. Client will pay Consultant at the rates set forth in the PROPOSAL and in accordance with Consultant’s annual Fee Schedule. Rates presented in the Fee Schedule and those presented in project-specific Proposals shall be considered to be the Standard Rates. Rates are subject to annual cost of living adjustment.

3.5. Basis of Charges for Construction Phase Services.

3.5.1. Billing Increments. A two (2) hour minimum, portal to portal charge per call, applies to all Consultants services.

Services beyond the initial minimum billing increment will be billed in increments of one (1) hour for the first 8 hours and at increments of one hour thereafter for each day’s Services for each assigned technician, unless modified in a project-specific proposal.

3.5.2. Billing Rate Premiums For Services in Northern California. Services initiated between the hours of 4:00 a.m. and 2:00 p.m. will be performed at the standard rates presented in the PROPOSAL and annual fee schedule with inclusion of rate premiums for weekends and holidays. Services initiated outside of these hours will be billed at the appropriate rate plus a shift differential premium of fifteen (15) percent.

3.5.3. Billing Rate Premiums For Services in Southern California. Services provided before 6:00 a.m. and after 5:00 p.m. on weekdays are subject to overtime rates.

3.5.4. Billing Rate Premiums - Overtime. Services rendered in excess of 8 hours on any weekday (excluding holidays) and up to 8 hours on Saturdays will be billed at one and one-half times (x 1.5) the standard hourly rate. Services rendered in excess of 12 hours on any weekday, in excess of 8 hours on a Saturday, on Sundays or holidays will be billed at double (x 2) the standard rate.

3.5.5. Late Cancellation. All cancellations without at least 4 hour notice of cancellation will be subject to the minimum charge per technician per day canceled. Notice of cancellation must be received by our office during our office hours of 8:00 am to 4:00 pm Monday through Friday (excluding holidays) and cannot be left on the voice mail system.

3.6. Changes to Rates. Client and Consultant agree that the rates presented in the PROPOSAL and the Fee Schedule are applicable only through December 31 of the year published for non-prevailing wage projects and through June 30 for California Prevailing wage projects, unless stated otherwise in the PROPOSAL. Rates are subject to periodic review and amendment, as appropriate to reflect Consultant’s then-current fee structure. Unless otherwise provided for in the Proposal, where non-prevailing wage projects are on-going beyond December 31 of the year the services were initiated, the rates presented in the Proposal and Fee Schedule are subject to an annual cost of living adjustment of not less than four percent (4%) or based on the consumer price index for the geographic area where our services are being provided, whichever is greater. Notwithstanding the foregoing, where Prevailing Wage regulations apply, Consultant’s labor rates are subject to revision based on determinations made by the governing agency. Prevailing Wage rates are subject to annual increases effective July 1. Where labor rates are increased during the course of the project, Consultant’s billing rates presented in the Proposal and the Fee Schedule shall be increased proportionally with respect to any mandated labor and/or employer payments rate increases unless otherwise stipulated in the Proposal. In the event that the cost of fuel increases 10 percent or more over the course of the project a fuel surcharge may be imposed to recoup the added costs incurred by Consultant. Consultant will give Client at least 30 days advance notice of any changes. Unless Client objects in writing to the proposed amended fee structure within 30 days of notification, the amended fee structure will be incorporated into this Agreement and will then supersede any prior fee structure. If Client timely objects to the amended fee structure, and Consultant and Client cannot agree upon a new fee structure within 30 days after notice, Consultant may terminate this Agreement and be compensated as set forth under Article 14, “Termination.”

3.7. Prevailing Wage. The rates presented in the PROPOSAL and Fee Schedule are not applicable for projects where Prevailing Wage or other collective bargaining labor and benefits rates apply unless so specifically stated. Unless Client specifically informs Consultant in writing at the time of request for a proposal or scheduling of services that prevailing wage regulations apply to the Project and Consultant confirms the inclusion of Prevailing Wage rates in the project-specific Proposal, Client will reimburse, defend, indemnify and hold harmless Consultant from and against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project, including but not limited to all added labor costs, administrative costs, fines and attorneys’ fees.

3.8. Expenses. Miscellaneous out-of-pocket charges, drilling permits, parking, air fare, car/equipment rental, mailing, shipping, subcontractor charges, etc., will be charged on a cost plus twenty percent (20%) o basis. On remote jobs or at remote fabrication facilities, subsistence, when not furnished, will be an additional charge.

3.9. Payment Timing; Late Charge. Consultant will invoice Client periodically, but no more frequently than every two (2) weeks.

All invoices are due and payable upon receipt. Upon Consultant’s approval of Client for 30-day payment terms Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the invoice. If Client objects to all or any portion of any invoice, Client will so notify Consultant in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and promptly pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the invoice amounts shall be presumed to be correct and the balance as stated on the invoice shall be paid. Consultant reserves the right to apply payments to Client’s outstanding invoices from oldest to most recent, regardless of project or invoice designation on checks received. All amounts unpaid when due will include a late payment charge from the date of the invoice, at the rate of 2.0% per month or the highest rate permitted by law on the unpaid balance from the invoice date until the invoice is paid. Payment thereafter will first be applied to accrued late payment charges interest on unpaid undisputed charges and then to the unpaid principal amount. Consultant reserves the right to require payment in full on any and all CA COMT 2025.1.1 Page 4 of 8 __________/__________
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invoices on Client’s account regardless of project prior to releasing field notes, laboratory test data, photographs, analyses and/or reports.

All undisputed amounts due to Consultant by Client shall be paid in full prior to Consultant’s release of final reports or other required forms of certified or verified reports. If the account becomes delinquent, the Client will reimburse Consultant for all time spent and expenses (including fees of any attorney, collection agency, and/or court costs) incurred in connection with collecting any delinquent amount. Consultant shall not be bound by any provision or agreement conditioning Consultant’s right to payment upon payment by a third party. In the event of a legal action for invoice amounts not paid, attorneys’ fees, court costs, and other related expenses shall be paid to the prevailing party. Client’s failure to pay Consultant when due the failure to pay will constitute a substantial failure of Client to perform under this Agreement and Consultant will have the right to stop all current work and withhold letters, reports, or any verbal consultation until the invoice is paid in full. In the event that Client fails to pay Consultant within sixty (60) days after any invoice is rendered, Client agrees that Consultant will have the right to consider the failure to pay Consultant's invoice as a material breach of this Agreement. If the Client requests back-up data or changes to the format of the standard invoice, an administrative fee of $100 per invoice may be charged plus $1 per page of back-up data.

4. STANDARD OF PERFORMANCE; DISCLAIMER OF WARRANTIES

4.1. Professional Standards/Standard of Care. Subject to the limitations inherent in the agreed Scope of Services as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, Consultant will perform its Services in a manner consistent with the professional standard of care defined as the ordinary and reasonable care usually exercised by other professional consultants providing similar services on the same type of project, in the same geographic locale, under similar circumstances and conditions at the time the Services are performed. No other representation and no warranty or guarantee, express or implied, is included or intended by this Agreement or any report, opinion, document, or other instrument of service.

4.2. Level of Service. Consultant offers different levels of construction observation, inspection and materials testing services to suit the desires and needs of different clients. Risks associated with construction defects can never be eliminated; however, more detailed and extensive observations, inspections and testing services yield more information, but at increased cost. It is for these reasons that Client must determine the level of Services adequate for its purposes. Client’s signing of this Agreement is confirmation that Client has reviewed the Proposal and has determined that it does not need or want a greater level of Services than that specifically identified in the Proposal.

4.3. No Warranty. Client recognizes the inherent risks connected with site development and construction activities, and understands when signing that those risks are not entirely eliminated through the services of Consultant. Client also recognizes that site conditions may change with time, conditions may vary from those encountered at the times when and locations where the data are obtained, despite the use of due professional care. Therefore, in signing this Agreement the Client understands that Consultant is not providing a warranty or assurance as to the surface and subsurface conditions throughout the site, the performance of the structure(s) or the project in general, or strict adherence to approved project plans and building code requirements. Client recognizes and agrees that Consultant’s tests and observations of the site conditions or Work are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements. This Agreement neither makes nor intends a warranty or guarantee, express or implied, of any type nor does it create a fiduciary responsibility to Client by Consultant.

5. CLIENT’S RESPONSIBILITIES
In addition to payment for the Services performed under this Agreement, Client agrees to:

5.1. Cooperation. Assist and cooperate with Consultant in any manner necessary and within its ability to facilitate Consultant’s performance under this Agreement.

5.2. Representative. Designate a representative with authority to receive all notices and information pertaining to this Agreement, communicate Client’s policies and decisions, and assist as necessary in matters pertaining to the Project and this Agreement. Client’s representative will be subject to change by written notice.

5.3. Rights of Entry. Provide access to and/or obtain permission for Consultant to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. Consultant will operate with reasonable care to minimize damage to the Project Site(s) and any improvement located thereon. However, Client recognizes that Consultant’s operations and the use of investigative equipment may unavoidably alter conditions or affect the environment at the existing Project Site(s). The cost of repairing such damage will be borne by Client and is not included in the fee unless otherwise stated in the Proposal. If Client desires or requires Consultant to restore the site to its former condition, upon written request Consultant will perform such additional work as is necessary and Client agrees to pay to Consultant the cost thereof.

5.4. Relevant Information. Supply Consultant with all information and documents in Client’s possession or knowledge which are relevant to Consultant’s Services. Client warrants the accuracy of any information supplied by it to Consultant, and acknowledges that Consultant is entitled to rely upon such information without verifying its accuracy. Prior to the commencement of any Services in connection with a specific property, Client will notify Consultant of any known, potential or possible health or safety hazards existing on or near the Project Site, to be tested, including its intended use, chemical composition, relevant MSDS, manufacturers’ specifications and literature, and any previous test results.

5.5. Project Information. Client agrees to provide Consultant within 5 days after written request, a correct statement of the recorded legal title to the property on which the Project is located and the Client and/or Owner’s interest therein, and the identity and address of any construction lender.

6. CHANGED CONDITIONS
If Consultant discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement (“Changed Conditions”), Consultant will notify Client in writing of the Changed Conditions. Client and Consultant agree that they will then renegotiate in good faith the terms and conditions of this Agreement. If Consultant and Client cannot agree upon amended terms and conditions within 30 days after notice, Consultant may terminate this Agreement and be compensated as set forth in Article 14, “Termination.”

7. ALLOCATION OF RISK
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7.1. Limitation of liability. The total cumulative liability of consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively “consultant entities”), to client and its successors and assigns, and all parties included as additional insured on consultant’s insurance policies and all of their respective shareholders, directors, officers, employees and agents (collectively “client entities”) arising from or relating to services under this agreement, including attorney’s fees due under this agreement, will not exceed the gross compensation received by consultant under this agreement or fifty thousand dollars ($50,000.00) , whichever is greater; provided, however, that such liability is further limited as described below. This limit is an aggregate limit with respect to all services on the project, whether provided under this, prior or subsequent agreements, unless modified in writing, agreed to and signed by authorized representatives of the parties. This limitation applies to all lawsuits, claims or actions that allege errors or omissions in consultant’s services, whether alleged to arise in tort, contract, warranty, or other legal theory.

Upon client’s written request, consultant and client may agree to increase the limitation to a greater amount in exchange for a negotiated increase in consultant’s fee, provided that they amend this agreement in writing as provided in Article 16. Consultant entities and client entities also agree that the client entities will not seek damages in excess of the limitations indirectly through suits with other parties who may join consultant as a third-party defendant.

7.2. Indemnification. Client will indemnify, defend and hold harmless Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively “Consultant Indemnitees”) from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney’s fees and costs of defense) or other losses (collectively “Liabilities”) caused or alleged to be caused by the negligence or willful misconduct of Client, its design consultants and contractors, and their respective employees, agents and/or subcontractors. In addition, except to the extent caused solely by Consultant’s negligence, Client waives any claim against Consultant, and to the maximum extent permitted by law, expressly agrees to defend, indemnify and hold harmless Consultant Indemnitees from and against any and all Liabilities, arising from or related to the existence, disposal, release, discharge, treatment or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the presence, discharge, disposal, release of or exposure to Hazardous Material.

7.3. Consequential Damages. Neither Client nor Consultant will be liable to the other for any special, consequential, incidental or penal losses or damages of whatever nature including but not limited to losses, damages or claims related to the unavailability of property or facilities, shutdowns or service interruptions, loss of use, loss of profits, loss of revenue, or loss of inventory, or for use charges, cost of capital, or claims of the other party and/or its customers, which may arise directly or indirectly as a result of the Services provided by Consultant under this Agreement.

7.4. Continuing Agreement. The provisions of this Article 7, “Allocation of Risk,” will survive the expiration or termination of this Agreement. If Consultant provides Services to Client that the parties do not confirm through execution of an amendment to this Agreement, the provisions of this Article 7 will apply to such Services as if the parties had executed an amendment.

7.5. No Personal Liability. Client and Consultant intend that Consultant’s Services will not subject Consultant’s individual employees, officers or directors to any personal liability. Therefore, and notwithstanding any other provision of this Agreement, Client agrees as its sole and exclusive remedy to direct or assert any claim, demand or suit only against the business entity identified as “Consultant” on the first page of this Agreement.

8. INSURANCE

8.1. Consultant’s insurance. Consultant carries statutory workers’ compensation and employer’s liability insurance with limits of $1,000,000 each accident and policy; commercial general liability (CGL) insurance for bodily injury and property damage with limits of $1,000,000 each occurrence and $2,000,000 general aggregate; automobile liability (AL) insurance, including liability for all owned, hired and non-owned vehicles with limits of $1,000,000 combined single limit (each accident); and professional liability insurance with limits of $1,000,000 per claim and annual aggregate. Certificates of insurance can be furnished upon written request but may not be processed unless accompanied or preceded by a signed agreement. Client agrees not to withhold payment to Consultant for Client’s failure to make such a timely request and such requests may not be honored if made after final completion of authorized services. Waiver of subrogation and additional insured endorsements are not included. Inclusion of these endorsements for CGL and AL will be will be considered and may be provided for an additional administrative fee. Consultant assumes the risk of damage caused by Consultant’s personnel to Consultant’s supplies and equipment.

8.2. Contractor’s Insurance. Client shall require that all Contractors (including Client when applicable) and subcontractors for the Project to name Consultant as an additional insured under their General Liability and Automobile Liability insurance policies. Upon request, Client will provide Consultant with certificate(s) of insurance evidencing the existence of the policies required herein.

9. OWNERSHIP AND USE OF DOCUMENTS

9.1. Client Documents. All documents provided by Client will remain the property of Client. Consultant will return all such documents to Client upon request, but may retain file copies of such documents.

9.2. Consultant’s Documents. Unless otherwise agreed in writing, all documents and information prepared by Consultant or obtained by Consultant from any third party in connection with the performance of Services, including, but not limited to, Consultant’s reports, boring logs, maps, field data, field notes, drawings and specifications, laboratory test data and other similar documents (collectively “Documents”) are instruments of professional service, not products, and are the property of Consultant. Consultant has the right, in its sole discretion, to dispose of or retain the Documents. Consultant reserves the right to copyright such documents; however, such copyright is not intended to limit the Client's use of the services provided under this Agreement other than as described below.

9.3. Use of Documents. All Documents prepared by Consultant are solely for use by Client and will not be provided by either party to any other person or entity, other than the project Architect, Structural Engineer, General Contractor and Building Department, without Consultant’s prior written consent. Except as set forth herein, neither Consultant nor Client will disclose, disseminate or otherwise provide such reports or information except as required for the design of the project and completion of Contractor’s Work or the monitoring of the Project by Governmental Agencies.

9.3.1. Use by Client. Client has the right to reuse the Documents for purposes reasonably connected with the Project for which the Services are provided, including without limitation design and licensing requirements of the Project, subject to any specific reliance or reuse limitations presented in the Document.

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9.3.2. Use by Consultant. Consultant retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services and the right to use the Documents for any purpose.

9.3.3. Electronic Media. Consultant may agree at Client’s request to provide Documents and information in an electronic format. Client recognizes that Documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration due to (among other causes) transmission, conversion, media degradation, software error, or human alteration. Accordingly, all Documents and information provided by Consultant in electronic media are for informational purposes only and not as final documentation; the paper original issued by Consultant will remain the final documentation of the Services.

9.3.4. Unauthorized Reuse. No party other than Client may rely on, and Client will not represent to any other party that it may rely on, Documents without Consultant’s express prior written consent and receipt of additional compensation. Client will not permit disclosure, mention, or communication of, or reference to the Documents in any offering circular, securities offering, loan application, real estate sales documentation, or similar promotional material without Consultant’s express prior written consent. Client waives any and all claims against Consultant resulting in any way from the unauthorized reuse or alteration of Documents by itself or anyone obtaining them through Client. Client will defend, indemnify and hold harmless Consultant from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained in Documents provided to such person or entity, published, disclosed or referred to without Consultant’s prior written consent.

10. SAMPLE DISPOSAL.

All samples shall remain the property of the Client and, in the absence of evidence of contamination, Consultant shall dispose of samples for the Client. All soil and construction materials samples collected during construction phase services will be disposed of or destroyed at the completion of testing unless Consultant is otherwise advised by Client. Samples may be held for up to a thirty (30) day period at Consultant’s discretion or at the Client’s request received in writing before the samples are tested. Client will promptly pay and be responsible for the analytical testing, removal and lawful disposal of all contaminated samples unless otherwise agreed in writing. Upon request, Consultant will deliver samples to the Client or will store them for an agreed delivery or storage charge.

11. RELATIONSHIP OF THE PARTIES
Consultant will perform Services under this Agreement as an independent contractor.

12. ASSIGNMENT AND SUBCONTRACTS
During the term of this Agreement and following its expiration or termination for any reason, neither party may assign this Agreement or any right or claim under it, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing purposes. Any assignment that fails to comply with this paragraph will be void and of no effect. Consultant may subcontract for the services of others without obtaining Client’s consent if Consultant deems it necessary or desirable for others to perform certain Services.

13. SUSPENSION AND DELAYS

13.1. Procedures. Client may, at any time by 10 days written notice suspend performance of all or any part of the services by consultant. Consultant may terminate this agreement if client suspends consultant’s services for more than 60 days and client will pay consultant as set forth under Article 14, “Termination.” If client suspends consultant’s services, or if client or others delay consultant’s services, client and consultant agree to equitably adjust: (1) the time for completion of the services; and (2) consultant’s compensation in accordance with consultant’s then current fee schedule for the additional labor, equipment, and other charges associated with maintaining its workforce for client’s benefit during the delay or suspension, or charges incurred by consultant for demobilization and subsequent remobilization.

13.2. Liability. Consultant is not liable to client for any failure to perform or delay in performance due to circumstances beyond consultant’s control, including but not limited to pollution, contamination, or release of hazardous substances, strikes, lockouts, riots, wars, fires, flood, explosion, “acts of god,” adverse weather conditions, acts of government, labor disputes, delays in transportation or inability to obtain material and equipment in the open market.

14. TERMINATION

14.1. Termination for Convenience. Consultant and Client may terminate this Agreement for convenience upon 30 days written notice delivered or mailed to the other party.

14.2. Termination for Cause. In the event of material breach of this Agreement, the non-breaching party may terminate this Agreement if the breaching party fails to cure the breach within 5 days following delivery of the non-breaching party’s written notice of the breach to the breaching party. The termination notice must state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the 5-day period.

14.3. Payment on Termination. Following termination other than for Consultant’s material breach of this Agreement, Client will pay Consultant for Services performed prior to the termination notice date, and for any necessary Services and expenses incurred in connection with the termination of the Project, including but not limited to, the costs of completing analysis, records and reports necessary to document job status at the time of termination and costs associated with termination of subcontractor contracts in accordance with Consultant’s then current Fee Schedule.

15. DISPUTES

15.1. Informal Negotiation. Any dispute regarding this Agreement shall be attempted to be resolved first by exchange of documents by senior management of the parties, who may be assisted by counsel. The parties may then negotiate directly. If informal negotiation is unsuccessful, the parties may then proceed to Mediation.

15.2. Mediation. In the event that informal negotiation does not resolve a dispute, all disputes between Consultant and Client, except those involving Client’s failure to pay undisputed invoices as provided herein and excluding Consultant’s perfection of any mechanic’s lien, are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice. The mediation shall be administered by the American Arbitration Association or by such other person or organization as the parties may agree upon, in accordance with the rules of the American Arbitration Association.

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15.3. Precondition to Other Action. No action or suit, except those involving Client’s failure to pay undisputed invoices as provided herein and excluding Consultant’s perfection of any mechanic’s lien, may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice. If the matter is referred to arbitration, the arbitration shall be conducted in Fresno County, California. The arbitrator shall be appointed within 60 days of the arbitrators’ receipt of a written request to arbitrate the dispute. The arbitrator shall be authorized to provide all recognizable remedies available in law or equity for any cause of action that is the basis of the arbitration (to the extent such remedy is not otherwise precluded under this Agreement), provided that (i) the arbitrator shall not have the authority to award punitive damages, and (ii) each party shall bear its own costs and attorney’s fees related to the arbitration.

15.4. Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the state of California. Except for actions, such as for enforcement of mechanic's liens, which are required by statute to be brought in a specific venue, or unless the parties agree otherwise, any mediation or other legal proceeding will occur in Fresno County, California. Client waives the right to have the suit brought, or tried in, or removed to, any other county or judicial jurisdiction. The prevailing party will be entitled to recovery of all reasonable costs incurred, including court costs, reasonable attorney's fees, and other claim related direct expenses.

15.5. Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of Consultant’s Services under this Agreement or the date on which claimant knew, or should have known, of facts giving rise to its claims.

16. MISCELLANEOUS

16.1. Notices. Any and all notices, requests, instructions, or other communications given by either party to the other for purposes of requesting services, project scope and fee proposals, or authorizing Services must be in writing and delivered by email, hand delivered to the recipient or delivered by first-class mail to the local Krazan office that will provide services or to the Corporate addresses listed below.

Any and all notices, requests, instructions, or other communications given by either party to the other for purposes other than requesting services, project scope and fee proposals, or Services authorization, must be in writing and delivered by email, USPS firstclass mail with return receipt (postage prepaid) or recognized courier with tracking and signature required for delivery and addressed to the following:

To Consultant: To Client:

Krazan & Associates ______________________________________ 215 West Dakota Avenue ______________________________________ Clovis, California 93612 ______________________________________ Attn: Mr. Dave Jarosz ______________________________________ [email protected] ______________________________________ Either Party may, at any time, designate a new or different address to which notices are to be sent.

Any notice shall be deemed delivered as of the time that the same is personally delivered or as of the date of signature confirming receipt by the recipient.

16.2. Headings. The headings used in this Agreement are for convenience only and are not a part of this Agreement.

16.3. Waiver. The waiver of any term, conditions or breach of this Agreement will not operate as a subsequent waiver of the same term, condition, or breach. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant.

16.4. Integration and Severability. This Agreement reflects the entire agreement of the parties with respect to its terms and conditions, and supersedes all prior agreements, whether written or oral. If any portion of this Agreement is void or voidable, such portion will be deemed stricken and the Agreement reformed to as closely approximate the stricken portions as the law allows. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired.

16.5. Modification of This Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement. No person other than a corporate officer (President, Vice President, or Chief Financial Officer) of Client is authorized to amend, change, modify, or waive any term or provision of this Agreement.

16.6. Survival. These terms and conditions survive the completion of the Services and/or the termination of this Agreement, whether for cause or for convenience.

16.7. Warranty Of Authority To Sign, Personal Guarantee. The person signing this contract warrants that he/she has authority to sign on the behalf of the Client for whose benefit Consultant’s services are rendered. If such person does not have such authority, he/she agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such warranty, reasonable attorney’s fees shall be included in any judgment rendered. Further, if client fails to perform and is in breach of this Agreement the person signing this Agreement agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such warranty, reasonable attorney’s fees shall be included in any judgment rendered.

16.8. Precedence. These Terms and Conditions take precedence over any inconsistent or contradictory provisions contained in any other agreement term, Proposal, Purchase Order, Requisition, Notice To Proceed, or other document regarding Consultant’s Services.

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16.9. Incorporation of Provisions Required By Law. Each provision and clause required by law to be inserted in this Agreement is included herein, and the Agreement should be read and enforced as though each were set forth in its entirety herein.

16.10. Electronic Copies. The Parties agree that a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties hereto shall be deemed an original and may be introduced or submitted in any action or proceeding as competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce or tender an original, executed counterpart of this Agreement and without the requirement that the unavailability of such original, executed counterpart of this Agreement first be proven. This Agreement may be executed in two or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument.

16.11. No Third-Party Rights. This Agreement shall not create any rights or benefits to parties other than Client and Consultant.

17. ENTIRE AGREEMENT
This Agreement between the parties consists of these terms and conditions the PROPOSAL, and any exhibits or attachments noted in the PROPOSAL. Together, these elements will constitute the entire Agreement superseding any and all prior negotiations, correspondence, or agreements either written or oral, unless modified in writing and agreed to by both parties in an amendment to this Agreement. Notwithstanding the foregoing, if any terms and conditions are referenced or included in, or attached to, a work authorization, notice to proceed, Purchase Order or any other form of authorization issued by Client, said terms and conditions shall be without force or effect.

The Parties have read the foregoing, understand completely the terms, and willingly enter into this Agreement. This Agreement was developed to be fair and reasonable to both parties. The parties acknowledge that there has been an opportunity to negotiate the terms and conditions of this Agreement and agree to be bound accordingly. Consultant’s acceptance of this Agreement is pending credit review and a retainer fee may be required.

Client: City of Tulare Consultant: KRAZAN & ASSOCIATES
Signature Date Signature Date
Name (Please Print) Name (Please Print)
Title Title
[END OF DOCUMENT
LANE ENGINEERS, INC.

Civil  Structural  Surveying
P.O. Box 1059
Tulare, CA 93275
Phone: (559) 688-5263 / Fax: (559) 688-8893

Page 1 ends

CONSTRUCTION SURVEYING SERVICES PROPOSAL
Date: December 1, 2025
Client: City of Tulare
Attn: Dylan Chimienti
Project: Alpine Property Improvements (Project No. PK0039) Location: SE Corner Alpine Ave. and Nelder Grove St.

Tulare, CA
Our estimate for budgetary purposes for construction surveying services for the above referenced project is as follows:

1. Prepare staking drawing and staking calculations (Office only) ................................................... $3,000

2. Establish site control and stake sawcut/demo limits .................................................................... $2,500

3. Stake ramps, returns, and curbs .................................................................................................... $3,700

4. Stake lights ...................................................................................................................... $2,500 Total Estimate: ........................................................................................................................ $11,700 *Fee includes prevailing wage rates for field work as required by law and compliance reporting as required by Department of Industrial Relations.

The above scope of work is based on cut/fill stakes being set one time. Stakes will be set 50 ft. O.C. maximum or at changes in vertical and horizontal alignment. Items not included in the above scope of work will be considered extra work and will be billed on an hourly basis in accordance with our Prevailing Wage Fee Schedule. In accordance with our on-call contract, all staking will be completed hourly, and the estimate above will be used as a checkpoint. In the event, additional funds are required due to additional work being performed, a justification will be provided for the extra work that has been completed to date.

1. Restaking

2. “Blue Top” Stakes

3. Re-building control monuments destroyed or damaged during construction

4. Elevation Certificates

5. As-builts or as-built certifications

6. Sidewalks and flatwork

7. Staking of utilities

Page 2 ends

NOTES:
 Staking requests to the surveyor are to be made 48 hours prior to beginning construction of item requested.
 Requests are to be made by email using the enclosed form.  Contractor is responsible for verifying stakes marked in the field with the data shown on the cut sheets and staking drawing. Contractor must allow 48 hour timeframe to check work and produce deliverables. Surveyor is to be notified immediately and prior to construction in the event there are any discrepancies between information on the cut sheet and information marked onsite.  The contractor will be solely responsible for correcting any improvements constructed prior to processing of the cut sheets by the surveyor before the 48 hour timeframe.

Respectfully submitted,
LANE ENGINEERS, INC.

Benjamin R. Mullins, PLS 9227
CITY OF TULARE RFQ #22-761
2025-2026 PREVAILING WAGE FEE SCHEDULE

COURT APPEARANCE, DEPOSITIONS AND EXPERT TESTIMONY
Registered Engineer or Licensed Land Surveyor ................................................................................................... $ 465.00

CIVIL ENGINEERING
Principal Civil Engineer ......................................................................................................................................... $ 245.00 Senior Civil Engineer ............................................................................................................................................. $ 221.00 Associate Civil Engineer ........................................................................................................................................ $ 201.00 Civil Engineer ........................................................................................................................................................ $ 180.00

LAND SURVEYING
Principal Land Surveyor ........................................................................................................................................ $ 231.00 Senior Land Surveyor ............................................................................................................................................ $ 210.00 Associate Land Surveyor ....................................................................................................................................... $ 190.00 Land Surveyor ....................................................................................................................................................... $ 171.00

STRUCTURAL ENGINEERING
Principal Structural Engineer ................................................................................................................................. $ 249.00 Senior Structural Engineer ..................................................................................................................................... $ 228.00 Associate Structural Engineer ................................................................................................................................ $ 206.00 Structural Engineer ................................................................................................................................................ $ 185.00

SUPPORT SERVICES
Assistant Engineer / Surveyor III ........................................................................................................................... $ 160.00 Assistant Engineer / Surveyor II ............................................................................................................................ $ 146.00 Assistant Engineer / Surveyor I ............................................................................................................................. $ 130.00 Engineering / Surveying Technician III ................................................................................................................. $ 146.00 Engineering / Surveying Technician II .................................................................................................................. $ 137.00 Engineering / Surveying Technician I .................................................................................................................... $ 122.00 Engineering Aide ................................................................................................................................................... $ 88.00 1-Man Survey Crew ............................................................................................................................................... $ 337.00 2-Man Survey Crew ............................................................................................................................................... $ 433.00 Clerical ................................................................................................................................................................... $ 109.00

REIMBURSABLES
20lb B&W Bond Prints (24" x 36"; 18” x 26”) ........................................................................ $ 2.45/per sheet (plus tax) 20lb B&W Bond Prints (30" x 42") ......................................................................................... $ 3.95/per sheet (plus tax) Vellum B&W Prints (24” x 36”; 18” x 26”) ............................................................................ $ 7.55/per sheet (plus tax) Vellum B&W Prints (30” x 42”) .............................................................................................. $ 9.10/per sheet (plus tax) Mylar B&W Prints (18 x 26) ................................................................................................... $ 11.40/per sheet (plus tax) Mylar B&W Prints (24 x 36) ................................................................................................... $ 12.60/per sheet (plus tax) Mylar B&W Prints (30 x 42) ................................................................................................... $ 18.15/per sheet (plus tax) B&W Copies (8 ½" x 11") ....................................................................................................... $ 0.36/per sheet (plus tax) Color Copies (8 ½” x 11”) ....................................................................................................... $ 0.67/per sheet (plus tax) B&W Copies (8 ½ " x 14; 11" x 17”) ...................................................................................... $ 0.52/per sheet (plus tax) Color Copies (8 ½ " x 14; 11" x 17”) ....................................................................................... $ 1.05/per sheet (plus tax) Subconsultants .................................................................................................................................................. Cost + 15% Other Direct Costs (i.e. Equipment Rental, Postage, and Shipping) ................................................................. Cost + 15% * Equipment costs will be billed as a Reimbursable Expense ........................................................................... Cost + 15% LANE ENGINEERS, INC.

Civil  Structural  Surveying
979 North Blackstone Street
P.O. Box 1059
Tulare, CA 93275-1059
Phone: (559) 688-5263 / Fax: (559) 688-8893
LANE ENGINEERS, INC.

Civil • Structural • Surveying
P.O. Box 1059, Tulare, CA 93275
Phone: (559) 688-5263
Fax: (559) 688-8893
www.laneengineers.com

STAKING REQUEST FORM (MUST BE FAXED OR E-MAILED)
Project:

Contractor Information
Company Name:

Phone No.: Fax No.:

Requestor’s Name:

Email Address:

PRIORITY*

TYPE OF STAKING LIMITS OF STAKING

STAKES ARE

OFFSET &

DIRECTION

STAKING

INTERVAL

SITE STATUS (DATE)
ORIG. RESET AREA WILL BE READY

FOR STAKING STAKES WILL BE USED

( *IF NO PRIORITY NUMBER IS GIVEN, STAKING WILL BE COMPLETED IN THE ORDER LISTED AND/OR RECEIVED.) Contractor acknowledges and agrees that it is the Contractor’s responsibility to verify stakes marked in the field with the data shown on the cut sheets & staking drawings provided after staking is complete. Lane Engineers, Inc. is to be notified immediately and prior to construction in the event there are any discrepancies between information on the cut sheets and information marked onsite. Lane Engineers, Inc. will not be responsible for improvements constructed prior to the processing and checking of the cut sheets (minimum of 48 hours after date/time of request), or improvements constructed from hubs disturbed during the construction process. Any field changes requested by owner or contractor will require approval of engineer of record prior to staking.

Contractor’s Authorized Party’s Signature: Phone No.:

Date of Request: Time of Request: Onsite Contact:

PROJECT MANAGER:

PROJECT DESCRIPTION & PURPOSE:

KEY POINTS:

PROJECT STATUS:

PROJECTED START DATE:

PROJECTED END DATE:

FUTURE M & O:
(Additional Cost & Department
Responsibility)
CRITERIA (1-8):

To Date
Remaining
Year 2025/2026 2026/2027 2027/2028 2028/2029 2029/2030
010 - Administrative $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
020 - Conceptual $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
030 - Preliminary Design/Plan $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 040 - Environmental $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
050 - Final Design $0 $46,611 $0 $16,258 $0 $0 $0 $0 $62,869 $0 0200 - Professional Services/Consultant $0 $40,210 $0 $9,690 $0 $0 $0 $0 $49,900 $0 0996 - Project Management Time $0 $6,401 $0 $5,599 $0 $0 $0 $0 $12,000 $0 0999 - Contingency $0 $0 $0 $969 $0 $0 $0 $0 $969 $0
060 - Environmental $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
070 - Construct/Implement $0 $0 $0 $402,926 $0 $0 $0 $0 $402,926 $0 0200 - Professional Services
0204 - Special Inspection $0 $0 $0 $25,000 $0 $0 $0 $0 $25,000 $0 0205 - Labor Compliance $0 $0 $0 $8,273 $0 $0 $0 $0 $8,273 $0 0224 - Surveying $0 $0 $0 $11,700 $0 $0 $0 $0 $11,700 $0 0612 - Materials Testing $0 $0 $0 $17,260 $0 $0 $0 $0 $17,260 $0 0700 - Construction/Labor & Materials Costs $0 $0 $0 $294,063 $0 $0 $0 $0 $294,063 $0 0996 - Project Management Time $0 $0 $0 $10,000 $0 $0 $0 $0 $10,000 $0 0999 - Contingency $0 $0 $0 $36,630 $0 $0 $0 $0 $36,630 $0 080 - Closeout $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Costs: $0 $46,611 $0 $419,184 $0 $0 $0 $0 $465,795 $0 To Date
Remaining
Year 2025/2026 2026/2027 2027/2028 2028/2029 2029/2030
Fund 400 - Other General Fund CIP $0 $46,611 $0 $419,184 $0 $0 $0 $0 $465,795 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Funding: $0 $46,611 $0 $419,184 $0 $0 $0 $0 $465,795 $0 G/L #'s:

Notes:

TBD
12/16/25 revision for CON contract award. Formerly PK2023-01.

Unfunded
Funding Sources Prior Fiscal
Years
Fiscal Year 2024/2025 Future Fiscal Years
Total Unfunded
Underway
3/1/2025
12/1/2025
Additional annual maintenance costs associated with the propsoed improvements would be incurred.

Criteria 5: Project extends an existing City Program or function to meet the Council's vision and explicit direction.

Costs Description Prior Fiscal
Years
Fiscal Year 2024/2025 Future Fiscal Years
Total
(Capital)
District(s): 5
Chris Orr
Design and construct frontage improvements across City-owned property at the southeast corner of Alpine Avenue and Nelder Grove Street in accordance with the terms of a lease agreement between the City and Tulare City School District dated December 12, 2023.
2025 - 2030 CIP Parks
PROJECT #: PK0039
Alpine Property Improvements
(Capital)
32 Staff Report
Meeting: City Council
Date: December 16, 2025
Department: Human Resources
Submitted by: Thomas W. Gaffery IV, Assistant City Manager Agenda Title: Tulare Fire Chief Officer Group MOU

RECOMMENDED ACTION
Approve a three-year Memorandum of Understanding (MOU) between the City and Tulare Fire Chief Officer Group; and authorize the City Manager to execute; and delegate to the City Manager authority to execute any technical changes if necessary for CalPERS compliance.

SUMMARY
This bargaining group consists of the three Battalion Chief positions.

Key provisions of this MOU include:
• Term:
o A three-year term of July 1, 2025 through June 30, 2028. o The option for a total compensation reopener on or after January 1, 2027. • Base Compensation:
o A 4% compensation increase on July 1, 2025.
o A 4% compensation increase on July 1, 2026.
o A 2% compensation increase on July 1, 2027.
• Certification Incentive Pay:
o Set a maximum of 7.5%.
o Remove the 2% incentive for CSFM Fire Officer/Company Officer. o Increase from 3% to 5% the incentive for CSFM Chief Officer or Chief Fire Officer. o Add a 7.5% incentive for CSFM or NFA Executive Fire Officer. • Education Incentive Pay:
o Set a maximum of 7.5%.
o Remove the 2.5% incentive for 60 college units.
o Add a 7.5% incentive for a master’s degree.
• Deferred Compensation:
o Creation of an optional deferred compensation matching program where the City shall contribute up to fifty dollars per pay period to the employee’s deferred compensation account.
• Uniform Allowance:
o Increase in uniform allowance from $900 to $1,300 per year. • Miscellaneous:
o An agreement for continued conversations regarding the methodology for comparing compensations between benchmark cities.
o Removal of minimum staffing provisions from the MOU and an agreement to meet and confer to discuss changes to Policy 208 – Minimum Staffing Levels. o Refinements for readability and clarity, CalPERS regulations, and applicable laws.

FISCAL IMPACT & FUNDING SOURCES
Funding for this MOU was included in the Fiscal Year 2025-26 general fund budget and will be accounted for in subsequent years as a part of the budget development process.

Item #: 7.11
Consent

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 has been 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.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. MOU
Reviewed/Approved:

Page 1 of 34 ends

MEMORANDUM
OF

UNDERSTANDING
Between the City of Tulare and
Tulare Fire Chief Officer Group
Effective Date: July 1, 2025 through June 30, 2028
Approved by Tulare City Council: December 2, 2025

Page 2 of 34 ends

Table of Contents
I. RECOGNITION ................................................................................................................. 6 II. PURPOSE ........................................................................................................................... 6 III. NON-DISCRIMINATION ................................................................................................. 6 IV. MAINTENANCE OFBENEFITS ...................................................................................... 6 V. CITY AUTHORITY ........................................................................................................... 6 VI. EMPLOYEE RIGHT TO REPRESENTATION ................................................................ 7 VII. AVAILABILITY OF RULES AND REGULATIONS ...................................................... 7 VIII. WORK ACCESS AND EMPLOYEEINFORMATION .................................................... 7 IX. NOTICE OF CHANGE OF WORK RULES ..................................................................... 7 X. SALARY............................................................................................................................. 7 XI. SEVERABILITY ................................................................................................................ 8 XII. FURTHER NEGOTIATION .............................................................................................. 8 XIII. PROVISION REGARDING AMERICANS WITH DISABILITIESACT ........................ 8 XIV. TERM ................................................................................................................................. 8 XV. COMPENSATION AND HOURS ..................................................................................... 8 A. Application of Salary Ranges and Rates ....................................................................... 8

1. Promotion ................................................................................................................ 8

2. Differential .............................................................................................................. 9 B. Standard Work Periods ................................................................................................. 9

1. Fire Department Non-Shift Personnel .................................................................... 9 C. Exceptions to Standard Work Periods .......................................................................... 9 D. Computation of Salary .................................................................................................. 9 E. Overtime Policy ............................................................................................................ 9 F. Overtime Compensation ............................................................................................. 10

1. General Provisions ................................................................................................ 10

2. Portal to Portal ...................................................................................................... 10

3. Shift Vacancies ..................................................................................................... 10 G. Working in a Higher Classification or Out of Class ................................................... 11 H. Local Peril or Disaster ................................................................................................ 11 I. Deductions .................................................................................................................. 11 J. Paid Holidays .............................................................................................................. 11

2. Fire Shift Personnel............................................................................................... 12

3. Paid Days in Lieu of Holidays at Termination ..................................................... 12 K. Compensation for Work on Paid Holidays ................................................................. 12 L. Compensation During Attendance of a Training Course During Vacation, Holidays, or Time Off ................................................................................................................. 12

1. Holidays ................................................................................................................ 12

2. Vacations............................................................................................................... 12

3. Days Off or Off Duty Shifts .................................................................................. 13 M. Management Leave ..................................................................................................... 13

1. Less Than Five (5) Years of Service ..................................................................... 13

2. Five (5) or More Years of Service ........................................................................ 13

3. Accrual .................................................................................................................. 13 N. Various Certification, Education, and Assignment Incentives ................................... 13

1. Certification Incentive Pay Program ..................................................................... 13

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2. Education Incentive Pay Program ......................................................................... 14

3. Fire Investigator & Lead Fire Investigator ........................................................... 14

4. Paramedic Incentive Pay ....................................................................................... 14

5. Tuition Reimbursement ........................................................................................ 14

6. EMS Re-Certification ........................................................................................... 14 O. Sick Leave Compensation........................................................................................... 15

1. Upon Retirement ................................................................................................... 15 P. Compensation for Fractions of Hours Worked ........................................................... 15 Q. Retirement Compensation ........................................................................................... 15

1. Employee Share to Public Employee Retirement System .................................... 16

2. PERS Survivor Benefit ......................................................................................... 16 R. Bilingual Pay ............................................................................................................... 16 S. Deferred Compensation .............................................................................................. 17

1. Offering ................................................................................................................. 17

2. Matching Program ................................................................................................ 17 T. Uniform Allowance .................................................................................................... 17

1. Regular Employees of the Fire Department.......................................................... 17

2. Additional Uniforms and Uniform Allowance Procedures ................................... 17 U. Minimum Staffing ....................................................................................................... 17 XVI. ANNUAL VACATION LEAVE ...................................................................................... 18 A. Purpose ........................................................................................................................ 18 B. Eligibility .................................................................................................................... 18 C. Accrual ........................................................................................................................ 18 D. Accumulation .............................................................................................................. 18 E. Scheduling................................................................................................................... 18 F. Working During Annual Vacation Leave ................................................................... 19 G. Holidays Within Vacation Leave ................................................................................ 19 H. Illness Within Vacation Leave .................................................................................... 19 I. Payment Upon Termination ........................................................................................ 19 J. Effect of Extended Military Leave ............................................................................. 19 XVII. SICK LEAVE ................................................................................................................... 19 A. Statement of Policy ..................................................................................................... 19 B. Eligibility for Sick Leave ............................................................................................ 19 C. ACCRUAL OF SICK LEAVE ................................................................................... 20

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel ......................... 20

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel ................. 20 D. Accumulation of Sick Leave for Twenty-Four Hour Shift Personnel ........................ 20 E. HOLIDAYS WITHIN SICK LEAVE ......................................................................... 20 F. Usage of Sick Leave ................................................................................................... 20 G. Deduction of Sick Leave ............................................................................................. 20 H. Verification of Sick Leave Usage ............................................................................... 20 I. Sick Leave Compensation Upon Termination ............................................................ 21 J. Sick Leave Compensation Upon Retirement .............................................................. 21 K. Workers’ Compensation ............................................................................................. 21 L. Depletion of Sick Leave, Compensatory Time Off, and Vacation Benefits ............... 22 M. Employee Rehabilitation ............................................................................................. 22

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XVIII. OTHER LEAVES OF ABSENCE .................................................................................... 22 A. Leave of Absence Without Pay................................................................................... 22

1. Approval of Department Head .............................................................................. 22

2. Approval of City Manager .................................................................................... 23 B. Absence Without Leave .............................................................................................. 23 C. Leave of Absence: Death Outside the Immediate Family .......................................... 23 D. Maternity ..................................................................................................................... 23 E. Time Off to Vote ......................................................................................................... 23 F. Jury Duty: Leave of Absence ...................................................................................... 23 G. Subpoenas: Leave of Absence .................................................................................... 23 H. Leave for Attendance at Industrial Accident Commission Hearing or Related Physical Examinations............................................................................................................... 24 I. Bereavement Leave ..................................................................................................... 24 J. Educational Leave ....................................................................................................... 24 XIX. TERMINATION: LACK OF WORK OR FUNDS .......................................................... 24 XX. DISCIPLINARY PROCEEDINGS................................................................................... 25 A. Disciplinary Action: Definition .................................................................................. 25 B. Causes for Disciplinary Action ................................................................................... 25 C. Persons By Whom Disciplinary Action May be Taken .............................................. 26 D. Procedure Preceding Imposition of Disciplinary Action ............................................ 26 E. Imposition of Disciplinary Action .............................................................................. 26 F. Extraordinary Circumstances ...................................................................................... 27 G. Right of Appeal ........................................................................................................... 27 H. Right of Appeal: Hearing ............................................................................................ 27 I. Right of Appeal: Representation ................................................................................. 27 J. Right of Appeal: Failure of Employee to Appear ....................................................... 27 K. Right of Appeal: Decision .......................................................................................... 27 L. Effects of Disciplinary Actions ................................................................................... 28

1. Oral Reprimand ..................................................................................................... 28

2. Written Reprimand ................................................................................................ 28

3. Disciplinary Probation .......................................................................................... 28

4. Suspension ............................................................................................................ 28

5. Salary Reduction ................................................................................................... 28

6. Discharge .............................................................................................................. 28 M. Releasing Information Relative to Disciplinary Actions Against Municipal Employees ................................................................................................................... 28 N. Informal Counseling with the City Manager .............................................................. 29 O. Non-Applicability ....................................................................................................... 29 XXI. MISCELLANEOUS ......................................................................................................... 29 A. Reports of Change of Status ....................................................................................... 29 B. Damage Claims ........................................................................................................... 29 C. Gratuities ..................................................................................................................... 29 D. Outside Employment .................................................................................................. 29 E. Compensation for Use of Private Automobile on City Business ................................ 30 F. Conflict of Interest ...................................................................................................... 30 G. Damaged Equipment Review Committee ................................................................... 30

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H. Personnel Files ............................................................................................................ 30 I. Position Reclassification ............................................................................................. 30

1. Position Reclassification ....................................................................................... 30

2. Classification Analysis.......................................................................................... 30

3. Appeals ................................................................................................................. 31 J. Employee Assistance Program Policy ........................................................................ 31 K. Flexible Benefit Program ............................................................................................ 31 L. Vehicle Use Policy ...................................................................................................... 31 M. Wellness Program ....................................................................................................... 32 N. Station Assignment Policy .......................................................................................... 32 XXII. INSURANCE .................................................................................................................... 32 A. Health, Dental, and Vision .......................................................................................... 32 B. Life Insurance ............................................................................................................. 33 C. Disability Insurance .................................................................................................... 33

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I. RECOGNITION
The City of Tulare (“City”) acknowledges the Tulare Fire Chief Officer Group (“TFCO”) as the recognized employee organization representing the following job classifications: Fire Battalion Chief.

II. PURPOSE
It is the purpose of this Memorandum of Understanding (“MOU”), entered into pursuant to the Meyers-Milias-Brown Act of the California Government Code, Sections 3500 through 3510, to promote and provide for harmonious relations, cooperation and understanding between the City and the employees covered herein, to provide for an orderly and equitable means of resolving any misunderstandings or differences which may arise under this MOU and to set forth the understandings of the parties reached as a result of good faith bargaining.

The articles and provisions contained herein constitute a bilateral and binding agreement by and between the City and the TFCO, upon ratification of the Tulare City Council.

III. NON-DISCRIMINATION
The City agrees to act pursuant to section 3502 of the Government Code relative to employee rights to representation. No employee shall be intimidated, coerced, restrained or unlawfully discriminated against because of the exercise of these rights. The provisions of this MOU shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, age, sex, national origin, political or religious affiliation.

IV. MAINTENANCE OFBENEFITS
The City and TFCO agree to meet and confer on any proposed changes to Title I, Chapter 14, Sections 1-13 of the City Code of Tulare, California and Resolution No 2537, Rules and Regulations for the Administration of the City of Tulare Merit Personnel System which may have a direct impact on employees represented by the TFCO within thirty (30) days upon written request of either party throughout the term of this MOU.

V. CITY AUTHORITY
The City shall retain all legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include, among others: the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel of which governmental; operations are to be concluded; take all necessary actions to carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work.

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Participation by an employee in this bargaining unit in a strike or work stoppage is governed by California Labor Code Section 1962. TFCO and its members, officers and representatives agree they will not cause or condone any strike, slow down, or sick out during the term of this MOU.

VI. EMPLOYEE RIGHT TOREPRESENTATION
Any regular employee has the right to representation by a person of their choice at a proposed disciplinary proceeding and at meetings that may have a negative impact on the employee's employment relationship with the City. If such a meeting is set, the employee shall be notified of same and of their rights under this section.

VII. AVAILABILITY OF RULES AND REGULATIONS
The City shall post the most current version of the Rules and Regulations for the Administration of the City of Tulare Merit Personnel System, the most current version of this MOU, and information regarding job openings on the City’s public website.

VIII. WORK ACCESS AND EMPLOYEEINFORMATION
TFCO may have access to work locations for the posting of employee information, investigation of employee grievances, for representation of employees at grievance and disciplinary hearings and during non-work times for discussions with employees of issues and events when approved by the Personnel Officer. A reasonable number of locations for posting employee information shall be made available by the City. Copies of materials to be posted shall be sent to the Personnel Officer.

IX. NOTICE OF CHANGE OF WORK RULES
Except in cases of emergency when the City determines that it must act immediately, the City shall give TFCO reasonable notice of any ordinance, rule, resolution or regulation affecting the Group or represented employees and directly relating to matters within the scope of representation proposed to be adopted by the City Council.

X. SALARY
Salary increases provided during the term of this MOU shall be effective the first full pay period in July as follows:

Classification Year 1
July 1, 2025
Year 2
July 1, 2026
Year 3
July 1, 2027
Battalion Chief 4.0% 4.0% 2.0%
In the future the following cities will be used for total compensation comparisons: Bakersfield, Clovis, Dinuba, Fresno, Hanford, Porterville, and Visalia. During the term of the MOU, the parties agree to continued conversations regarding the methodology for comparing compensations

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between benchmark cities.

XI. SEVERABILITY
If any provision of this MOU or the application of such provision to any person or circumstance shall be held invalid, the remainder of this MOU or the application of such provision to persons or circumstances other than those as to which is held invalid shall not be affected thereby and both parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement for such invalidated provision.

XII. FURTHER NEGOTIATION
In the event either party hereto desires to negotiate the provisions of a successor MOU, such party shall serve upon the other its written request to commence negotiations.

XIII. PROVISION REGARDING AMERICANS WITH DISABILITIESACT Because the American with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agree that the provisions of this MOU may be disregarded in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

TFCO recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. TFCO will be notified of these proposed accommodations prior to implementation by the City of any accommodation impacting the terms and conditions of employment of employees covered by this MOU.

Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

XIV. TERM
Unless specified otherwise herein, the provisions of the MOU become effective July 1, 2025 and shall continue through and including June 30, 2028. The parties also agree to reopen negotiations related to total compensation on or after January 1, 2027.

XV. COMPENSATION AND HOURS
A. Application of Salary Ranges and Rates

1. Promotion
Any employee receiving a promotion shall start at the first step of the salary range of the class to

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which the employee is promoted and be eligible for merit increases as elsewhere provided, unless employee’s present salary is equal to or exceeds the first step of that class. In that event, the employee shall be assigned to the step in the salary range to that is the equivalent of approximately a 5 percent, but not to be less than 4 percent, increase in salary.

2. Differential
There shall be a minimum of 15% salary differential between the “E Step” base salary of battalion chief rank and the rank of fire captain. There will also be a 15% separation between the ranks of chief officer. It is agreed that any differential pay for performing Paramedic duties shall not be included in the calculation of base salary for the purpose of this provision. For Chief Officer Classificationsthat have both a 40-hour and 56-hour assignment, Chief Officers working in a fortyhour work week capacity will be compensated seven percent (7%) Non Shift Differential.

B. Standard Work Periods

1. Fire Department Non-Shift Personnel
Reserved.

2. Fire Department Shift Personnel
The standard FLSA section 7(k) work period for shift personnel in the Fire Department shall be a 24-day work period based on a 48/96 work schedule which begins with the start of the A shift 48/96 schedule.

C. Exceptions to Standard Work Periods
The City Manager is hereby authorized to designate other work periods to other employees when, in his opinion, the best interests of the City may be served by such adjustment of standard work periods and hours. The procedure for making adjustments in the standard work period in hours shall be consistent with provisions of Section 3504.5 of the Government Code.

D. Computation of Salary
Salaries for all authorized City positions are set forth in the City Compensation Plan. Conversion of monthly salaries to hourly rates shall be determined by dividing the monthly salary by 173.333 for non-shift employees and for twenty- four (24) hour shift employees the monthly salary shall be divided by 242.666 based on a 56 hour work week.

E. Overtime Policy
It is the policy of the City that overtime work be kept to the minimum consistent with the protection of life, property and the efficient operation of the departments and activities of the City and that overtime work be compensated for with time off where practical. Overtime work shall be authorized only with the prior authorization of the Department Head or, in emergencies where

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prior Department Head authorization cannot be issued, first line supervisors may approve overtime. Overtime work for all eligible employees shall be defined as any time worked in excess of the standard work period as defined in XV. The use of vacation and holidays shall be included in the definition of time worked only if scheduled and approved during first and second round picks and or fourteen days in advance. In addition, sick leave for the use of bereavement time will count towards the overtime calculation. Those employees working mutual aid, strike team or recall of all personnel shall be allowed to count all leave banks as time worked for those events.

F. Overtime Compensation

1. General Provisions
Twenty-four (24) hour duty shift Chief Officers that are FLSA Non-Exempt shall be paid overtime at the rate of time and one-half their hourly rate of pay for hours worked in excess of regularly scheduled shifts. Said personnel shall receive a minimum of two (2) hours when called back to work or to attend a mandatory meeting.

Twenty-four (24) hour duty shift Chiefs Officers that are FLSA Exempt shall be paid straight time hourly rate of pay for hours worked in excess of regularly scheduled shifts. The purpose of this pay is compensation for replacing another Chief Officer who is on sick leave, vacation, bereavement leave, or other approved absence. Under no circumstances will Shift Replacement Pay be construed as overtime pay as defined under the Fair Labor Standards Act. Shift exchange between two employees of a Chief Officer classification Overtime compensation shall be paid at one and a half times the hourly rate of pay for all hours worked in excess of the then-established FLSA requirements. Personnel shall receive a minimum of two (2) hours overtime when called back to work or to attend a mandatory meeting.

2. Portal to Portal
Personnel will be compensated pursuant to the terms of this MOU "portal to portal" while in the course of their employment and away from their official duty station while assigned to an emergency incident, in support of an emergency incident, or prepositioned for an emergency response. Personnel responding from off-duty to any emergency incident or to cover behind for any person responding to any emergency incident shall be compensated at the rate of time and one-half from the time of dispatch to the time they are released or relieved from duty.

3. Shift Vacancies
Due to the unique requirements of positions in this group, all vacancies shall first be filled by a Battalion Chief, if available. If a Battalion Chief is not available, then the Fire Chief (per their Employment Agreement) or suppression personnel who meet Acting Battalion Chief qualifications shall fill the vacancy.

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G. Working in a Higher Classification or Out of Class
Battalion Chiefs shall receive a seven percent (7%) increase in base pay for any days assigned as acting Fire Chief.

H. Local Peril or Disaster
In case of disaster, state of extreme emergency or local peril, the overtime procedures herein established shall not be in effect and compensation procedures will be determined at that time for such conditions.

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

J. Paid Holidays

1. Regular Holidays for Pay Purposes
Effective July 1, 1977, with the exception hereinafter stated, holidays for all officers and employees of the public offices of the City shall be as follows:
• January 1 (New Year's Day)
• Third Monday in January (Martin Luther King, Jr. Birthday) • Third Monday in February (President's Day)
• Last Monday in May (Memorial Day)
• July 4 (Independence Day)
• First Monday in September (Labor Day)
• November 11 (Veterans Day)
• Fourth Thursday in November (Thanksgiving Day)
• Friday after Thanksgiving Day
• December 25 (Christmas Day)
• Employee's birthday
• Two days in lieu of September 9 (Admission Day) and the second Monday in October (Columbus Day), subject to the same rules and regulations as annual vacation leave and shall be credited to the employee as of July 1 for the current calendar year. Any new or reappointed employee whose appointment begins after July 1 of any year shall not be credited for the two in-lieu holidays until the following July 1. Any regular employee who is on a non-pay status July 1 shall be credited with the two in-lieu holidays immediately upon returning to a pay status.
• Every day appointed by the President of the United States or the Governor of California for public fast, Thanksgiving, mourning or holidays as determined by the City Manager.

If any of the foregoing holidays fall on Saturday, the preceding Friday shall be observed as a holiday. If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed

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Tulare City CouncilDecember 16, 2025

Tulare City Council
December 16, 2025