Visalia City Council
January 18, 2022

Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate(s) affecting the City’s financial statements were:
x Management’s estimate of the investment fair market value is based on information provided by US Bank for the City’s investment in U.S. Treasuries are based on quoted price in the active markets for identical assets, and federal agency securities, corporate medium-term notes, municipal bonds, and money market funds are based on institutional bond quotes. We evaluated the key factors and assumptions used to develop the investment fair market value in determining that it is reasonable in relation to the financial statements taken as a whole.
x Management’s estimate of the depreciation on capital assets is based on the industry standard and past experience on actual useful life of the asset groups. We evaluated the key factors and assumptions used to develop the depreciation on capital assets in determining that it is reasonable in relation to the financial statements taken as a whole.
x Management’s estimate of the net pension liability is based on the actuarial valuation on total pension liability and based on financial statements on fiduciary net position for CalPERS plans. We evaluated the key factors and assumptions used to develop the net pension liability in determining that it is reasonable in relation to the financial statements taken as a whole.

Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. The most sensitive disclosure(s) affecting the financial statements was (were):
x Note 1 – Summary of Significant Accounting Policies
x Note 2 – Budgets and Budgetary Accounting
x Note 10 – Employee Benefits
x Note 14 – Prior Period Adjustments
x Note 15 – Transactions with Related Parties
The financial statement disclosures are neutral, consistent, and clear.

Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.

Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. The attached schedule summarizes uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. 272
To the Honorable Mayor and the Members of the City Council of the City of Visalia
Visalia, California

Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report.

We are pleased to report that no such disagreements arose during the course of our audit.

Management Representations
We have requested certain representations from management that are included in the management representation letter dated December 29, 2021.

Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the City’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.

Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.

Other Matters
We applied certain limited procedures to the Management’s Discussions and Analysis (“MD&A”), Budgetary Comparison Schedule, the Schedules of Changes in Net Pension Liability and Related Ratios, and the Schedules of Contributions, which are required supplementary information (“RSI”) that supplements the basic financial statements.

Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.

We were engaged to report on Combining and Individual Nonmajor Fund Financial Statements, which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.

We were not engaged to report on the Introductory and Statistical Sections, which accompany the financial statements but are not RSI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it. 273
To the Honorable Mayor and the Members of the City Council of the City of Visalia
Visalia, California

Restriction on Use
This information is intended solely for the information and use of City Council and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties.

Very truly yours,
Santa Ana, California
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Attachment A
City of Visalia
Uncorrected Journal Entries
For the year ended June 30, 2021
Uncorrected Journal Entries:

No. Account Numbers Descriptions Dr. Cr.
1 001-05-0000-10-21111 Deferred inflows of resources 6 1,156.00 001-05-0000-10-33905 Fund Balance (61,156.00)
261-85-0000-35-21111 Deferred inflows of resources 16 3,368.47 261-85-0000-35-33915 Fund Balance - reserve (163,368.47) 241-85-0000-35-21111 Deferred inflows of resources 81 4,590.41 241-85-0000-35-33915 Fund Balance - reserve (814,590.41) 221-85-0000-35-21111 Deferred inflows of resources 4, 892.14 211-85-0000-35-33915 Fund Balance - reserve (4,892.14)
105-85-0000-30-21111 Deferred inflows of resources 61 ,781.18 105-85-0000-30-33915 Fund Balance - reserve (61,781.18) 106-85-0000-25-21111 Deferred inflows of resources 4, 856.32 106-85-0000-25-33930 Fund Balance - unassigned (4,856.32) 102-85-0000-10-21111 Deferred inflows of resources 10 0,854.52 102-85-0000-10-33915 Fund Balance - reserve (100,854.52) 103-85-0000-35-21111 Deferred inflows of resources 16 ,346.94 103-85-0000-35-33915 Fund Balance - reserve (16,346.94) 611-20-0000-15-21111 Deferred inflows of resources 6, 533.39 611-20-0000-15-33915 Fund Balance - reserve (6,533.39)
003-85-0000-10-21111 Deferred inflows of resources 13 3,665.09 003-85-0000-10-33920 Fund Balance - committed (133,665.09) To unrecord improper recording of deferred inflows of resources related to notes receivable as of 6/30/21. 2 001-10-2101-10-20101 Accounts payable (85,000.00)
001-10-2101-10-69332 Serv Prov-Legal Out of Scope 85, 000.00 001-10-2101-10-20101 Accounts payable (10,000.00)
001-10-2101-10-69332 Serv Prov-Legal Out of Scope 10, 000.00 551-10-5521-10-20101 Accounts payable (15,000.00)
551-10-5521-10-58150 Serv Prov-Legal Out of Scope 15, 000.00 To accrue for settlements paid subsequent to 6/30/21.
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City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0658 Agenda Date: 1/18/2022 Agenda #: 3.

Agenda Item Wording:

Review of Annual Measure T Compliance Audit for fiscal year ending 6/30/21.

Deadline for Action: 1/18/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Kari Williams 559-713-4298 Department Recommendation:

That the City Council accepts the Measure T Compliance Audit from M. Green and Company for the Fiscal Year ending June 30, 2021.

Background Discussion:

The City, as part of the voter approved Measure T sales tax override, must have an annual audit of the uses of Measure T funds. M. Green and Company has performed this audit and it is now being presented to Council.

This audit did not include financial management and accounting practices. It is only to ensure that Measure T funds are used in accordance with the Ballot Measure, Program Guidelines and Expenditure Plan for fiscal year ended June 30, 2021. The financial management and accounting practices are included in the City’s annual Audit which is also being presented tonight (January 18, 2022).

This is a review of the audit and is not intended as a discussion of plan adjustments or other operational issues. Those adjustments should be considered as part of a separate discussion.

In March of 2004, the voters of Visalia passed a ¼ cent Sales Tax Override, Measure T, to provide additional police and fire personnel and services to protect our community. Program guidelines were implemented as part of the Measure T plan to ensure that the public would be well informed of the progress and process of Measure T. These guidelines are outlined as follows:

Revenue Requirements:
· 60% of revenues received must be deposited into a Measure T Police fund and 40% into the Measure T Fire Fund.
o An Economic Uncertainty Fund will be established for both Measure T funds. The Economic Uncertainty Funds require 25% of the actual sales tax collected to be deposited to maintain operations if revenues do not cover expenditures. · Measure T revenues cannot replace General Fund budgeted operating expenditures for police City of Visalia Page 1 of 6 Printed on 1/10/2022 powered by Legistar™276
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· Measure T revenues cannot replace General Fund budgeted operating expenditures for police and fire.

Expenditure Requirements:

Annual Audit - Each year, the City shall provide an annual independent audit to account for the tax revenues received and expenditures made to ensure consistency with the program guidelines and expenditure plans. This report is completing this requirement.

Annual Recertification - Each June, as the City’s budget is adopted following public hearings, the City Manager will re-certify the Measure T plan by taking it to the City Council, stating what monies have been received, what monies have been spent, and what monies are available. The City Manager will also certify that the monies have not been used for purposes other than Public Safety. The Citizens Advisory Committee will act as an oversight function and review and approve the re-certification report prior to the report being taken to Council. This item was completed June 2021 for fiscal year 2021/22. The next recertification will return June 2022.

Effectiveness Reviews - The ballot measure ordinance requires an effectiveness review every 8 years at the first City Council meeting in January. The last effectiveness review was completed January 2021. During the review, Council will hold a public hearing to review the progress of the Measure T plan and the continuing need for the sales tax measure. To continue the sales tax measure, 4/5ths of the City Council must affirm the tax. During the January 2021 effectiveness review Council reaffirmed the tax. The next effectiveness review will be January 2029.

Measure T Plan
Measure T uses a detailed 20 year plan for, hiring personnel, construction of facilities, and equipment purchases. The original plan included a deficit that would be covered by increased revenues, lower expenditures, and General Fund subsidy. Since 2008, Measure T has been operating on an amended plan due to several years of lower revenues, higher expenditures, and no subsidy from the General Fund due to rising costs.

Even though the plan needed to be amended, the majority of the items accomplished would not have been achieved without Measure T. The progress of the plan components as of June 30, 2021 is shown in Table 1, Measure T Plan Components.

Table 1, Measure T Plan Components
Plan Components Component Progress

1. Hire and equip 28 new police
officers.

The City at one time had hired 28 officers but now has 23 officers due to expenditures rising faster than revenues. Three positions were shifted to the General Fund and two positions were left vacant by attrition.

2. Construct 2 Police Precincts. Complete.

I911 Clt
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Plan Components Component Progress

1. Hire and equip 28 new police
officers.

The City at one time had hired 28 officers but now has 23 officers due to expenditures rising faster than revenues. Three positions were shifted to the General Fund and two positions were left vacant by attrition.

2. Construct 2 Police Precincts. Complete.

3. Improve 911 emergency
operations by building a
Visalia Emergency
Communications Center
(VECC).

Complete.

4. Hire and equip 18 new
firefighters.
13 of the firefighters have been hired and equipped. 2 positions have been moved to Measure N and 3 positions have been kept vacant due to Measure T expenditures rising faster than revenues.

5. Construct 2 new fire stations
in northwest and southeast
Visalia.

Complete. Council amended the Measure T Plan by directing that the second station be built in the Southwest, as Fire has been able to lease the Lovers Lane station which is located in the Southeast.

The leasing is funded by the general fund. Stations built are Stations 53 and 55.
6 Build a new fire training
facility. Complete. Training facility is located at Station 55. 7 Construct a Public Safety
Office Building to improve
police and fire operations.

In August 2019 Council directed staff to begin the purchasing process to hire a design consultant for the facility. Darden Architect was selected as the consultant for the architectural engineering design on May 17th 2021.

FY 20/21 Financials (ACFR document pg. 122-123)
Measure T Police - As shown in Table 2, Measure T Police Revenue & Expenditure Plan with Actuals - FY 20/21, the Measure T Police fund ended FY 20/21 with a surplus of $1.4 million as revenues came in higher than expenditures. Majority of the surplus is due to a 21% growth in sales tax revenue. This was an increase of $880,500 over the prior year which is partially due to the Federal stimulus money issued which allowed consumers to continue to spend as well as the reopening of establishments.

Table 2, Measure T Police Revenue & Expenditure Plan with Actuals - FY 20/21 Final
Budget Actual

REVENUES
Measure T Sales Tax $ 3,448,100 $ 5,062,419
Subventions and Grants 6,000 18,496
Interest Earnings + Miscellaneous 59,700 141,740
Total Revenues 3,513,800 5,222,655
Measure T - Police
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Final
Budget Actual

REVENUES
Measure T Sales Tax $ 3,448,100 $ 5,062,419
Subventions and Grants 6,000 18,496
Interest Earnings + Miscellaneous 59,700 141,740
Total Revenues 3,513,800 5,222,655

EXPENDITURES
Expenditures (3,966,700) (3,696,282)
Revenues Over (Under) Expenditures (452,900) 1,526,373

OTHER FINANCING SOURCES (USES)
VECC Debt Payment - (151,477)
Total Other Financing Sources (Uses) - (151,477)
Net Changes in Fund Balance $ (452,900) 1,374,896
Fund Balance - Beginning of Year 3,677,302
Fund Balance - End of Year* $ 5,052,198
*Included in the end of year fund balance is the Economic Uncertainty Fund of $1,022,544 (25% of the annual budgeted revenues).

Measure T - Police
Measure T Fire - As shown in Table 3, Measure T Fire Revenue & Expenditure Plan with Actuals - FY 20/21, the Measure T Fire fund ended FY 20/21 with a surplus of $686K as revenues came in higher than expenditures. Majority of Fire’s surplus is due to sales tax revenue growth of 21% ($587,000) over the prior year.

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Table 3, Measure T Fire Revenue & Expenditure Plan with Actuals - FY 20/21 Final
Budget Actual

REVENUES
Measure T Sales Taxes $ 2,298,800 $ 3,374,946
Subventions and Grants - 20
Charges for Current Services 25,000 37,790
Interest Earnings + Miscellaneous 155,800 28,703
Total Revenues 2,479,600 3,441,459

EXPENDITURES
Operating (2,941,600) (2,755,334)
Capital Expenditures - -
Total Expenditures (2,941,600) (2,755,334)
Revenues Over (Under) Expenditures (462,000) 686,125
Net Changes in Fund Balance $ (462,000) 686,125
Fund Balance - Beginning of Year 5,203,645
Fund Balance - End of Year * $ 5,889,770
*Included in the end of year fund balance is the Economic Uncertainty Fund of $696,369 (25% of the annual budgeted revenues).

Measure T - Fire
This year Measure T there was a total surplus of $2.1 million versus last fiscal of $1.1 million. This large surplus is not expected to continue as vacancies are filled and employee costs increase. In addition, both funds will need to contribute toward a Public Safety building. Staff believes the amendments made in previous years will help sustain these funds for several years.

FY 20/21 Audit
As required by the Ordinance, the City engaged in an auditor to attest that the City has used the money as required in the ballot measure. The outside audit review assures that these funds are handled properly, assisting City management in providing the highest level of accountability for Measure T funds.

The City hired M. Green and Company to perform the audit which is attached. The audit confirmed that the plan is being implemented and adjusted according to the ballot measure, program guidelines and expenditure plan.

The Measure T Compliance Audit was presented and accepted by the Citizens Advisory Committee at their January 5, 2022 meeting.

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File #: 21-0658 Agenda Date: 1/18/2022 Agenda #: 3.

Fiscal Impact:

N/A
Prior Council Action: June 07, 2021 - Annual Recertification of the 2021/22 Measure T Plan Other: Citizens Advisory Committee accepted the report at their January 5, 2022 meeting.

Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

Move to accept the 2020/21 Measure T compliance audit from M. Green and Company.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Measure T Audit and Program Guidelines.

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City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0659 Agenda Date: 1/18/2022 Agenda #: 4.

Agenda Item Wording:

Review of Annual Measure N Compliance Audit for fiscal year ending 6/30/21.

Deadline for Action: 1/18/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Kari Williams 559-713-4298 Department Recommendation:

It is recommended that the City Council accepts the Measure N Compliance Audit from M. Green and Company for the Fiscal Year ending June 30, 2021.

Background Discussion:

The City, as part of the voter approved Measure N sales tax override, must have an annual audit of the uses of Measure N funds. M. Green and Company has performed this audit and it is now being presented to Council.

This audit did not include financial management and accounting practices. It is only to ensure that Measure N funds are used in accordance with the Ballot Measure, Program Guidelines, and Expenditure Plan for the fiscal year ended June 30, 2021. The financial management and accounting practices are included in the City’s annual Audit which is also being presented January 18, 2022.

This is a review of the audit and is not intended as a discussion of plan adjustments or other operational issues. Those adjustments should be considered as part of a separate discussion.

In November of 2016, the voters of Visalia passed a ½ cent Sales Tax Override, Measure N - The Visalia Essential City Services Measure. Sales Tax from Measure N will provide for essential city services such as police and fire, as well as maintenance of parks, trails, roads, and City facilities. As part of the measure, Council adopted an Accountability Ordinance (Ordinance 16-21) to establish accountability measures as outlined below:

Revenue Requirements:
· 10% of budgeted revenues must be deposited in a Measure N Uncertainty Fund. Money can only be accessed from this fund during a fiscal emergency;
· 10% of budgeted revenues must be deposited into the following categories:
o 2% Youth Programs
o 8% Maintenance and Emerging Needs
Expenditure Requirements:
· Money shall not be used for debt service payments;
· Annual expenditure plan must be approved by Council after the following has occurred:

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o City Manager makes a recommendation to City Council and makes changes as requested; o Comments and recommendation received by Sales Tax Oversight Board; o Two Public Hearings are held at regular Council Meetings to consider expenditure plan.

Sales Tax Oversight Board:

Board will consist of 11 members that will serve two-year terms. Members may be reappointed to serve up to two additional two-year terms (total of 3 terms). Members are selected in the following manner:
· Each Council member shall select one member;
· The Citizens Advisory Committee (CAC) shall select two members; · Visalia Economic Development Corporation shall select one member; · Hispanic Chamber of Commerce of Tulare/Kings County or Visalia Chamber of Commerce shall select one member;
· Downtown Alliance that represents Property Based Improvement District or Downtown Merchants shall select one member;
· Home Builders Association or Board of Realtors shall select one member.

Annual Audit:

City shall provide an annual independent audit to account for the tax revenues received and expenditures to ensure consistency with the approved expenditure plan. This report is completing this requirement for fiscal year 2020/21.

Effectiveness Reviews:

The ballot measure ordinance requires an effectiveness review every 8 years from the operative date of the ordinance. The operative date is April 1, 2017, thus, the first review will occur on or before April 1, 2025.

During the review, Council will hold a public hearing to review the progress of the Measure N plan and the continuing need for the sales tax measure. To continue the sales tax measure, 4/5ths of the City Council must affirm the tax.

FY 20/21 Financials (ACFR document pg. 32)
The approved FY 20/21 expenditure plan and actual expenditures are shown in Table I - Measure N Revenue & Expenditure Summary - FY 20/21. The table is a summary for the four Measure N Funds which are Essential Service, 2% Youth, 8% Maintenance & Emerging Needs, and the Economic Uncertainty Fund.

Measure N sales tax revenue grew $3 million (21%) over the prior year. This extremely high growth was due to the Federal stimulus money issued which allowed consumers to continue to spend as well as the reopening of establishments. Total expenditures for the fiscal year was $10.8 million, which was lower than budget due to COVID 19 which resulted in the Club House to be closed and a Recreation Coordinator to be laid off. Lower than expected capital expenditures also contributed to the lower expenses as projects were rolled into the next fiscal year.

Table I - Measure N Revenue & Expenditure Summary - FY 20/21

REVENUES
Final
Budget Actual
Sales Taxes $ 11,588,800 $ 16,880,055
Interest Earnings & Miscellaneous 119,200 202,593
GtPli29556
Measure N
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REVENUES
Final
Budget Actual
Sales Taxes $ 11,588,800 $ 16,880,055
Interest Earnings & Miscellaneous 119,200 202,593
Grants - Police - 29,556
Total Revenues 11,708,000 17,112,204

EXPENDITURES
General Government (268,700) (219,236)
Public Safety:

Fire (1,006,100) (978,595)
Police (4,100,700) (4,293,747)
Community Services (759,448) (461,573)
Capital Outlay (5,464,643) (4,806,242)
Total Expenditures (11,599,591) (10,759,393)
Revenues Over (Under) Expenditures 108,409 6,352,811
Net Change in Fund Balance $ 108,409 6,352,811
Fund Balance Beginning of Year 23,320,803
Fund Balance - End of Year * $ 29,673,614
* Included in the end of year fund balance is the Economic Uncertainty Fund of $1,158,880 (10% of the annual budgetd sales tax revenue).

Measure N
Amongst the four Funds, Measure N has a fund balance of $29.7 million which includes the Economic Uncertainty Fund of $1.2 million. The remaining $28.5 million has $15.7 million in committed capital projects that rolled into fiscal year 2021-22 leaving $12.8 million available as shown in Table II - Measure N Fund Balance. It is important to have cash available in each category to be able to advance projects in the plan (if needed) and/or cover higher costs than what was outlined in the plan.

Table II - Measure N Fund Balance
Beginning
Fund
Balance
20/21
Revenues
20/21
Expenditures
Ending
Fund
Balance
CIP Rolled
into FY
21/22
Fund
Balance
Remaining
Essential Services 18,736,153 16,095,203 10,010,804 24,820,553 14,306,902 10,513,651 2 % Youth Programs 447,064 234,883 77,620 604,327 604,327 8% Maint & Emerging Needs 2,820,576 940,248 670,969 3,089,855 1,398,046 1,691,809 Measure N Operating Funds 22,003,793 17,270,334 10,759,393 28,514,734 15,704,948 12,809,786 Economic Uncertainty 1,317,010 (158,130) 1,158,880 1,158,880 Measure N Total 23,320,803 17,112,204 10,759,393 29,673,614 15,704,948 13,968,666 City of Visalia Page 3 of 4 Printed on 1/14/2022
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File #: 21-0659 Agenda Date: 1/18/2022 Agenda #: 4.

FY 20/21 Audit
As required by the Ordinance, the City engaged an auditor to attest that the City has used the money as required in the ballot measure. The outside audit review assures that these funds are handled properly, assisting City management in providing the highest level of accountability for Measure N funds.

The City hired M. Green and Company to perform the audit which is attached. The audit confirmed that the plan is being implemented and adjusted according to the ballot measure, program guidelines and expenditure plan.

Fiscal Impact:

None
Prior Council Action: June 15, 2020 Measure N Budget adoption.

Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

I move to accept the 2020/21 Measure N audit from M. Green and Company.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Measure N Compliance Audit.

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City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0670 Agenda Date: 1/18/2022 Agenda #: 5.

Agenda Item Wording:

Consideration and direction regarding an update to the Caltrans Lovers Lane Roadway Rehabilitation and Operational Improvements Project at State Route 198.

Deadline for Action: None.

Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Rebecca Keenan, Senior Civil Engineer, [email protected], 713-4541 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Hussein Senan, Caltrans Project Manager, [email protected], (559) 243-3586 Department Recommendation:

Staff recommends that the City Council receiver the presentation from the California Department of Transportation (Caltrans) regarding the Caltrans Lovers Lane Roadway Rehabilitation (along SR 216) and Operational Improvements at the State Route 198 Interchange.

Summary:

City Staff and Caltrans last updated the City Council regarding the Lovers Lane (SR 216) Roadway Rehabilitation and Operational Improvements project at the May 3, 2021, meeting. Since that meeting, the project has progressed into the Plans, Specifications, and Estimates (PS&E) and Right of Way (R/W) phase. The purpose of this agenda item is to update the Council on progress made, and to follow up on the Council’s request that Caltrans consider a hybrid geometric layout at E.

Mineral King Avenue and S. Lovers Lane.

Background Discussion:

City staff and Caltrans have worked to identify possible improvements to the Lovers Lane Interchange at State Route 198 since 2015. Ultimate layouts were developed, however, to meet current Caltrans design standards, the ultimate project would require considerable amounts of right of way and would significantly impact the surrounding businesses and residences. The acquisition and improvements would result in exorbitant costs, estimated at over $60 million in 2015 dollars.

Therefore, the City Council authorized staff to work with Caltrans to pursue a more cost-effective interim solution; and in October 2015, the City Manager executed a Cooperative Agreement with Caltrans to prepare a Project Initiation Document (PID) for an interim solution to enhance operations at the Lovers Lane Interchange. Operational improvements were (and are) supported by Caltrans because there is a new interchange proposed to be constructed 5000 feet east of Lovers Lane, at the Tower Street alignment (Road 148). Given this, the PID document for the Lovers Lane operational improvements was completed in 2017, and identified three possible near-term alternatives (Alternative 1A, Alternative 1B, and No Build Alternative) that were presented to the community at a City of Visalia Page 1 of 4 Printed on 1/14/2022
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(Alternative 1A, Alternative 1B, and No Build Alternative) that were presented to the community at a public meeting held on May 26, 2016, at the Mineral King Elementary School.

Following the public meeting and comments received, Caltrans began the Project Approval and Environmental Document (PA&ED) phase to continue the exploration of Alternatives 1A & 1B, and further develop the project in terms of constructability, cost effectiveness, comments received, and other local needs & constraints. Both alternatives would achieve the goal of restoring the facility to a state of good repair, improve traffic flow, address current and future traffic operation needs, and alleviate congestion. However, Alternative 1B would also close the access connecting E. Mineral King Avenue to Lovers Lane and thereby create more storage for traffic at both westbound State Route 198 off and on ramps.

As presented to the City Council on May 3, 2021, the PA&ED phase concluded last year, when Caltrans issued the Initial Study with Proposed Mitigated Negative Declaration/Environmental Assessment on March 5, 2021, for public comments. The comment period ended on April 5, 2021, and Caltrans did not receive any comments from the public during that period. Caltrans did receive comments from a resident a few weeks after the update to Council, in June 2021. That resident expressed concern about the possible closure of E. Mineral King Avenue, particularly regarding anticipated impacts to pedestrians and the disabled community. The Caltrans representative took note of the concerns and included them in the team’s process to select the project Alternative to be carried into the design phase. Also, at the last City Council update, Caltrans advised that Alternative 1A was less desirable because the analysis indicated that it would fail in 10 years. That factor weighed heavily on the selection of the final alternative because it means that the number of vehicles per lane, per mile, would increase, resulting in spillage onto the freeway, and a back-up on the freeway.

Caltrans reviewed both Alternatives with their various functional units and selected Alternative 1B as the preferred alternative. The functional units considered project elements, such as traffic operations, maintenance, right of way impacts, private property impacts, utility impacts, hydraulic engineering, landscaping, impacts to structures, sustainability, schedule, funding, and complete streets requirements in making the final selection. The process identified some areas of concern with both alternatives, however, the final tally revealed stronger support for the project following Alternative 1B.

The process also identified the need to provide connectivity from E. Mineral King Avenue to Loves Lane, in order to meet the State’s goal (SB99) of increasing active modes of transportation such as biking and walking.

In addition, at the May 3, 2021, meeting, Council requested that Caltrans consider a hybrid layout to possibly allow limited access to Lovers Lane from E. Mineral King Avenue. From the last City Council meeting through November 2021, Caltrans proceeded with the additional traffic analysis required for the mainline freeway and the on/off ramps. Part of the analysis included the review of a way to create a hybrid layout to allow traffic from E. Mineral King Avenue to continue to access Lovers Lane in the northeast quadrant. Unfortunately, Caltrans was not able to develop a hybrid layout that will allow vehicular traffic to access Lovers Lane from E. Mineral King Avenue because maintaining access from E Mineral King Ave to Lovers Lane, while implementing the proposed scope to the westbound on and off ramps, would result in a larger project footprint well beyond the existing right of way. The changes would be significant enough to require further environmental studies, additional right of way, added time, and extra funding needs. It is expected that a new Environmental Document would add an additional 12-18 months to the current schedule. The additional cost is estimated at $5.8 million (which is comprised of approximately $1.9 million in construction capital and City of Visalia Page 2 of 4 Printed on 1/14/2022
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estimated at $5.8 million (which is comprised of approximately $1.9 million in construction capital and $3.9 million for right of way). The consequential delays and additional cost would render the project unfeasible within the current SHOPP cycle.

However, Caltrans is exploring means to incorporate a multi-use trail to allow pedestrian, bicyclist, and other non-vehicular traffic access to Lovers Lane. The trail would allow local area residents to continue to access the north/south corridor, despite elimination of the E. Mineral King Avenue vehicular connection.

Next Steps:

Caltrans will continue to work on the Plans, Specifications, and Estimates (PS&E) and the Right of Way (RW) Phase of the project. Those two phases are expected to conclude in 2023, with the project progressing according to the following schedule:

Project Milestone Milestone
Completion Date
Right of Way acquisition complete 04/2023
PS&E Design complete 05/2023
Advertise for Construction 07/2023
Construction to Begin 10/2023
Construction Complete 01/2025
Fiscal Impact:

There is no fiscal impact at this time. This project is currently programmed in the Caltrans 2020 State Highway Operation and Protection Program (SHOPP) for a total of $26,300,000.00, which includes Construction (capital and support) and Right of Way (support). In addition, the Tulare County Association of Governments (TCAG) has committed to contribute up to $1.5M to the construction of the project, as needed.

Prior Council Action:

May 3, 2021 - Council received a presentation and provided comments regarding the Caltrans Lovers Lane Roadway Rehabilitation and Operational Improvements Project concluding the Project Approval and Environmental Document (PA&ED) phase at the State Route 198 Interchange.

Other:

None
Alternatives:

None
Recommended Motion (and Alternative Motions if expected):

No motion required.

Environmental Assessment Status:

None
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File #: 21-0670 Agenda Date: 1/18/2022 Agenda #: 5.

CEQA Review:

Initial Study with Proposed Mitigated Negative Declaration/Environmental Assessment prepared by the State of California Department of Transportation, dated March 2021.

Attachments:

1. Location Map

2. Presentation
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Lovers Lane
Operational Improvements and Rehabilitation Project

LOCATION MAP
ATTACHMENT 1 302
Presentation to
City of Visalia City Council
January 18, 2022
Caltrans Project 06-0W900
303
 CITY OF VISALIA:
 Nick Mascia, Assistant City Manager
 Frank Senteno, City Engineer
 Rebecca Keenan, Senior Civil Engineer
 CALTRANS:
 Hussein Senan, Project Manager
 Ernie Penuna, Design Office Chief
 Irene Lee, Design Manager
 Yeshi Amente, Design Project Engineer
2 304
 CITY OF VISALIA:
 Caltrans Process & Brief Project Review to
PA&ED phase.
 CALTRANS:
Project Approval & Environmental Document (PA
& ED) Phase close-out update
 Review of Hybrid Analysis
PS&E and RW updates
 NEXT STEPS

QUESTIONS
3 305
4 306
5 • Widen to
standard lane
width and
shoulders.
• Remove stop
control at off
ramp
• Close Mineral
King at Buck Rd.
• Extend storage
length for both
ramps.
307
6 308
7 309
8 310
Estimated Construction Costs
$19,700,000
Project Milestone
Milestone
Completion Date
Right of Way acquisition complete April 2023
PS&E Design complete May 2023
Advertise for Construction July 2023
Construction to Begin October 2023
Construction Complete January 2025
9 311
10 Recommended Motion:
“I move to accept the
presentation from staff
and Caltrans on the
Lovers Lane Roadway
Rehabilitation and
Operational
Improvements Project.”
END
312
11 313
DRAFT Alternatives
12 314
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0677 Agenda Date: 1/18/2022 Agenda #: 6.

Agenda Item Wording:

Presentation by representatives from the California Department of Transportation (Caltrans) for consideration and direction regarding Caltrans State Route 198 east bound offramp modification project at Watson Street/Noble Avenue.

Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Eric Bons, Senior Civil Engineer, [email protected], 713-4350 Frank Senteno, City Engineer, [email protected], 713-4331 Hussein Senan, Caltrans D6 Program Project Management, [email protected], 365-0694 Eltahir Ataelgeed, Caltrans Design Project Engineer, [email protected], 383-5459 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends the City Council consider the presentation from Caltrans on the State Route 198 (SR-198) east bound offramp at Watson Street/Noble Avenue project and provide input and comments regarding the proposed traffic modifications prior to Caltrans finalizing the construction documents.

Background Discussion:

Caltrans is currently working on the Project Approval and Environmental Document (PA&ED) phase, as well as the Plans, Specifications, and Estimate (PS&E) phase of the project to address traffic queuing backing on to the eastbound SR-198 travel lane from the offramp at Watson Street. Caltrans staff will be presenting the proposed roadway improvements to the City Council and community atlarge at this meeting. Caltrans welcomes input, comments, and suggestions for consideration regarding the proposed roadway improvements.

The SR-198 east bound offramp at Watson Street has experienced increased traffic volumes during the morning peak hour of travel, which has led to vehicles stacking beyond the capacity of the offramp and spilling into the east bound SR-198 travel lanes. Caltrans is moving forward with this improvement project to enhance the east bound SR-198 offramp at Watson Street to provide for the projected increase in the traffic volume.

This project is to relieve the traffic impacts to the east bound traffic flow on SR-198. Caltrans is the lead agency for this project and the City of Visalia is a participating agency due to the physical location within the City limits and the proposed changes in the traffic patterns that will impact motorists, adjacent intersections, parking, and roadways controlled by the City of Visalia.

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In 2012, Caltrans completed a project that widened this east bound offramp from SR-198 to Watson Street and added a traffic signal at the intersection of the offramp and Noble Avenue. Caltrans initiated a Project Concept Report in 2017 to address the increased congestion at the SR-198 east bound offramp at Watson Street. Traffic has been monitored since the completion of that project and, the traffic volumes have significantly increased such that the capacity of the offramp is not sufficient to store vehicles within the offramp footprint and without impacting the east bound through lanes on SR-198. Caltrans developed two alternative designs which were presented to City of Visalia staff for review and input.

These two alternatives were refined and presented to City Council in May 2020 where City Council provide input and direction regarding these two alternatives. The City Council agreed with the approach to providing the improvements to aide with the flow of traffic at the SR-198 east bound offramp which will provide a traffic solution with an estimated life of 15 years. Caltrans will be monitoring the traffic flow to determine what additional improvements may be needed to meet the future traffic needs. Several Council members opposed the installation of a raised island in Noble Avenue which would prevent traffic from the offramp making a south bound right turn to Watson Street. As indicated in the plan discussed below, the current Caltrans design does have a raised island in Noble Avenue to minimize any traffic “weaving” in Noble Avenue between the SR-198 offramp and Watson Street. City Council also noted that there needs to be a public outreach component to this project to address the changes to the traffic patterns and other construction related impacts.

The recommended alternative proposed by Caltrans is to remove the existing traffic signal at the end of the east bound offramp to provide more vehicle storage, reduce Noble Avenue (SR-63) from three lanes to two lanes to install a raised island between the two offramp lanes and the two through lanes on Noble Avenue between Willis Street and Watson Street. The traffic lanes on Noble Avenue will be reduced from three lanes to two lanes to accommodate the width of the new median island. The onstreet parking along the south side of Noble Avenue between Johnson Street and Watson Street will be restricted to accommodate the shifting of the lanes on Noble Avenue. The local transit bus stop located at the southeast corner of Watson Street and Noble Avenue will be relocated to the corner of Encina Street and Noble Avenue to accommodate the shift of the traffic lanes. Caltrans Traffic Operations will then be reviewing and modifying the traffic signal timing on the Caltrans owned and operated traffic signal to match the modifications associated with this project. At this time, Staff is not aware of the extent of public outreach performed by Caltrans regarding their design; particularly the immediately surrounding business district (i.e. Kaweah Health, residents, and businesses along Noble, etc.,)
Fiscal Impact:

The funding for this project is to be provided by Caltrans and the Tulare County Association of Government (TCAG). The construction costs are to be shared between Caltrans and TCAG. The City has not created a Capital Improvement Program project for this project, but staff time has been tracked for budgeting purposes. The construction cost will be provided by Caltrans and TCAG. The City of Visalia’s cost will be for staff time associated with the coordination with Caltrans in the project design phase of this project.

Prior Council Action:

May 18, 2020, Work Session Item No. 3, Review and discussion of a presentation regarding State Route 198 offramp at Watson Street/Noble Avenue project and provide direction regarding the City of Visalia Page 2 of 3 Printed on 1/14/2022
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File #: 21-0677 Agenda Date: 1/18/2022 Agenda #: 6.

Route 198 offramp at Watson Street/Noble Avenue project and provide direction regarding the proposed traffic modifications.

Other:

None.

Alternatives:

None.

Recommended Motion (and Alternative Motions if expected):

No motion is required; Council may choose to provide input to Cal Trans regarding the project plan and processing
Environmental Assessment Status:

None.

CEQA Review:

This project is Categorically Exempt under the California Environmental Quality Act (CEQA) and Categorically Excluded under the National Environmental Policy Act (NEPA). The environmental documents were approved on October 15, 2020.

Attachments:

Project Location Map
Presentation by Caltrans Staff
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EVANS

MILL CREEK
S Br di ge St
S
West St
S
Court St
E Cypress Ave
E Acequia Ave
W Goshen Ave
W Tulare Ave
W Mineral King Ave E Mineral King Ave
W Main St E Main St
E Noble Ave
E Center Ave
S
Church St
E Tulare Ave
S
G di d ni gs St
W Murray Ave
E Myrtle Ave
E Kaweah Ave
S
Watson St
Hwy 198
S Enc ni a St
S
Grant St
S
Mart ni St
S
Divisadero St
W Switzer Ave
S
Will si St
N Hall St
N Turner St
N Dud el y St
S
Conyer St
S Locust St
N Fai wr ay St
S Burke St
S L bi erty St
N Burke St
N F ol ral St
N Will si St
W School Ave
W Oak Ave
W Center Ave
W Linden Ave W Acequia Ave
S
Santa Fe St
N West St
N Johnson St
E Oak Ave N Jacob St
W Myrtle Ave
W Kaweah Ave
W Noble Ave
N Garden St
N Church St
S
Dol nl er St
S
Oak Park St
S
Sowell St
S Jacob St
N Br di ge St
N Court St
N Santa Fe St
N Conyer St
N Locust St
N S et venson St
N T pi ton St
W Willow Ave
N Enc ni a St
E School Ave
E Murray Ave
E Laurel Ave
W Westcott Ave
W Laurel Ave
N G di d ni gs St
E Sequoia Ave
N Park St
S
Stevenson St
S Johnson St
S
Floral St
W Olive Ave
W Cypress Ave
WSierraAve
W Beverly Dr
W College Ave
S
Garden St
W Burrel Ave
W Sequoia Ave
W Meadow Ave
W Howard Ave
W Iris Ave
S
C al rk St
N Divisadero St
S
T pi ot n St
S Fairway St
.

PROJECT LOCATION

PROJECT LOCATION MAP
318
Watson Street
Operational
Improvement
Project

PRESENTATION TO

CITY OF VISALIA CITY COUNCIL
JANUARY 18, 2022
Caltrans Project 06-0W390
319
Your Project Team
CITY OF VISALIA:
 Eric Bons, Senior Civil Engineer
 Frank Senteno, City Engineer
CALTRANS:
Hussein Senan, Project Manager
 Eltahir Ataelgeed, Design Project Engineer
Watson Street Operational Improvement Project320
Purpose
Watson Street Operational Improvement Project
Project Background
 Selected Alternative
Current Status
Cost and Schedule
Council Input/Questions
321
Watson Street Operational Improvement Project
Existing
322
Watson Street Operational Improvement Project
Proposed
323
Watson Street Operational Improvement Project
Estimated Construction Costs
$820,000
Project Milestone Milestone Completion
Date
PS&E Design complete February 2022
Advertise for Construction March 2022
Construction to Begin June 2022
Construction Complete August 2022
Cost and Schedule
324
Watson Street Operational Improvement Project
Questions?
325
8 326
9 Project Location Map
327
10 Hwy 198 Mooney-Watson
328
Project background
11 Highway 198 East Bound Off-Ramp
at Watson Street Project
• 2012 - Caltrans widens existing Highway-198 east bound off ramp at Watson Street.
• 2017 – Caltrans initiates a Project Conceptual Report to improve the Highway 198 east bound off ramp at Watson Street traffic issues. • 2018 – Caltrans presents an amended Project Conceptual Report which presented two alternatives.
• 2020 – Caltrans refined the two alternative designs incorporating City comments and presents alternatives to City of Visalia City Council for input and support.
11 329
12 Phase No. 1
330
13 Phase1(cont’d)
331
14 East Bound Off-Ramp 2011
332
15 East Bound Off-Ramp 2014
333
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0496 Agenda Date: 1/18/2022 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

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City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0582 Agenda Date: 1/18/2022 Agenda #: 2.

Agenda Item Wording:

Authorize the City Manager to award RFP #20-21-49 Annual Community Forest Maintenance Contract to West Coast Arborist, Inc. of Fresno, CA in an amount not to exceed $1,000,000 per year to perform tree maintenance services per specifications of RFP #20-21-49.

Deadline for Action: 1/18/2022
Submitting Department: Community Services
Contact Name and Phone Number: Joel Hooyer, Parks and Urban Forestry Supervisor, 713-4295, [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager, 713-4564, [email protected] <mailto:[email protected]> Jeremy Rogers, Community Services Director, 713- 4340, [email protected] <mailto:[email protected]> Department Recommendation:

That the City Council authorize the City Manager to award an annual contract for tree maintenance services to West Coast Arborist, Inc. of Fresno, CA in the amount of and not to exceed $1,000,000.00 annually, per specifications of RFP #20-21-49.

Background Discussion:

City wide growth, Visalia’s planting program of new trees, and the citywide use by multiple departments has increased the tree inventory (community forest) to more than 50,000 trees that are owned and/or maintained by the City. The most significant growth is in the new subdivisions where the maintenance is covered by lighting and landscape maintenance districts. West Coast Arborist Incorporated has been contracted with the City for the last fifteen years to maintain Visalia’s community forest, and for each of their contracted five-year terms, West Coast Arborist has never requested any CPI adjustments during their contractual periods, therefore the contract pricing remained the same each year, only seeing an increase each time a Request for Proposals was solicited. Their contract ended August 18, 2021, and in accordance with the City’s Purchasing Policy, the contract was re-bid after the fifth year.

On July 27, 2021, proposals were solicited and on August 10, 2021, and August 12, 2021, two mandatory prebid meetings were held in the City Hall West Conference Room. Seven (7) tree maintenance companies attended these meetings, Avila’s Tree Service, Rising Green, Inc., West Coast Arborists, Visalia Tree Service, General Tree, JC’s Lawn Service, and Rancho Tree Service. On August 31, 2021, West Coast Arborist Incorporated was the only contractor to submit a proposal.

The Request for Proposals (RFP) had many different job task costs that were requested in the proposed fee structure with only a hand full that are used on a regular basis. Several of the tasks are not used or expected to be used during the contract term but were added if the need arose and there was adequate funding staff would have contracted costs to perform the work. The tasks that are used on a regular basis and have increased from the previous contract are crew rental and tree removal. Much of the work done for the City is based on the hourly rate for crew rental with West Coast Arborist, Inc. Crew rental includes either a three (3) person, two (2) person, or one (1) person crew and equipment. Staff has found it to be more cost effective to City of Visalia Page 1 of 4 Printed on 1/14/2022
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use the crew rental, as opposed to pruning based on individual tree D.B.H. (Diameter at Breast Height). Other areas that crew rental is used is the removal of playground shade tarps for repair, and a one (1) person crew rental for the hand watering of approximately 900 trees in the Downtown area. These cost increases are associated with prevailing wage increases, fuel costs and consumer price index. (Please see attachment with frequency of use for each area in the proposed fee structure) Bid Analysis
Before the proposals were opened, staff developed evaluation criteria for the submitted proposals. Because this is a service contract, State law does not require the City to award a contract solely on low bid. The criteria were developed to ensure that the bidder that is selected by the City is the “best value” for the community.

Staff identified eight categories by which the proposals would be evaluated. The categories along with assigned value for each are:

Criteria Maximum West Coast
Value Arborist

1. Quality and Completeness of proposal 10 pts. 10 pts.

2. Corporate Capability 20 pts. 20 pts.

3. Reference Evaluation 20 pts. 20 pts.

4. Customer Service Evaluation 5 pts. 5 pts.

5. Information Management 15 pts. 15 pts.

6. Pruning Program 10 pts. 10 pts.

7. Community Forest Study 5 pts. 5 pts.

8. Fee Schedules 10 pts. 10 pts.

9. Local Vendor 5 pts. 0 pts.
100 pts. 95 pts.

1. Quality and Completeness of proposal: (a) - Relevance & Conciseness of Bid Proposal and Statement of Qualifications. (b) - Work Statement and Quality Control Plan.

2. Corporate Capability: (a) - Qualifications and experience of staff. (b) - Quantity and types of equipment. (c) - The ability of the firm to provide the proper insurance coverage. (d) - Financial ability of the firm to provide services to the City of Visalia. (e) - Experience in the management of electronic tree inventory databases. (f) - Internal training program for employees. (g) - Green waste recycling capabilities and the firm’ plan to recycle generated green waste from tree maintenance activities.

3. Reference Evaluation: (a) - Customer Service Record. (b) Performance record of the firm relating to the Project Schedule of similar scale. (c) - Quantity and Quality of work previously performed. (d) - References.

4. Customer Service Evaluation: (a) - The firm’s customer service program and response to Citizen Complaints.

5. Information Management: (a) - Inventory software provided to the City. (b) - Technical support for software and data management. (c) - Quantity and types of inventory equipment. (d) - The ability to provide accurate inventory updates, for all trees serviced, compatible with the City’s tree inventory City of Visalia Page 2 of 4 Printed on 1/14/2022
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database. (e) - Geographic Information System (GIS) capabilities.

6. Pruning Program: (a) - Ability to recommend and meet Project Schedules. (b) - Pruning ability.

7. Community Forest Study: (a) - An evaluation of the firm’s ability to conduct a comprehensive study of the current condition of Visalia’s Community Forest.

8. Fee Schedule: (a) - An evaluation of the firm’s Fee Schedule.

9. Local Vendor Preference: (a) - Proposals submitted by Businesses with a business address in Tulare Count, CA will receive 5 percentage points.

Request for Proposals (RFP):

On July 27, 2021, proposals were solicited by advertising in the Visalia Times delta and by mailing RFP notices to several contractors. In addition, the RFP was posted on Bid-Net.

On August 10, 2021, and August 12, 2021, two mandatory pre-bid meetings were held in the City Hall West Conference Room. Contractors that did not attend at least one of these meetings were ineligible to submit proposals for this contract. A total of seven tree maintenance companies attended these meetings, Avila’s Tree Service, Rising Green, Inc., West Coast Arborists, Visalia Tree Service, General Tree, JC’s Lawn Service, and Rancho Tree Service.

During the pre-bid meetings, staff reviewed the bid specifications, the Community Forest Maintenance Program, tree inventory, Arborist requirements, the mandatory requirements imposed by the State of California Department of Industrial Relations, evaluation criteria, and answered questions.

Request of Proposals, Response:

On August 31, 2021, West Coast Arborist Incorporated was the only contractor to submit a proposal. Their proposal was reviewed, and the current bid pricing reflected increases due to prevailing wage and consumer price index.

After careful review and evaluation, we recommend that the contract be awarded to West Coast Arborist Incorporated. The contractual agreement is for a one-year period but can be extended annually thereafter for four (4) one-year periods with the consent of the Contractor provided satisfactory performance is provided by West Coast Arborist Incorporated.

West Coast Arborist Incorporated, an Anaheim based tree service, with a regional office in Fresno are experienced in pruning, tree inventory, GIS capabilities, safety training and safety documentation of their personnel. They provide Certified Arborists as project managers and require that all tree trimming staff be certified tree workers. They specialize in municipal right of way tree maintenance and the employees of West Coast Arborist fulfilling this contract all live in the Tulare County area.

While West Coast Arborist Incorporated provides a broad spectrum of tree related services, the City will be using the company primarily for tree trimming services and maintaining our citywide Urban Forest. With staff ideally maintaining Parks, Trails, and L&L Districts on a 4 to 5 year pruning cycle, or as funding allows, while other areas are pruned on as needed basis.

Fiscal Impact:

The fiscal impact for RFP #20-21-49 Annual Contract for Community Forest Maintenance will be allocated to City of Visalia Page 3 of 4 Printed on 1/14/2022
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several City Departments that use the services of the forest maintenance contract. With each Department using their approved operational budgeted amount in each division’s tree maintenance budget line. The budget funding sources for the Community Forest Maintenance Contract are mainly, but not limited to 001 General Fund (Parks, Streets, and Trails), 1412 Measure N, 2530 Waterways Riparian, 4881 Storm and Sewer Maintenance, and 2731 Landscape and Lighting Districts. (Please see attachment with previous fiscal year expenditures by division.)
Prior Council Action: None
Other: N/A
Alternatives: Do not award contract and re-bid.

Recommended Motion (and Alternative Motions if expected):

Move to authorize the award of an Annual Contract for annual tree maintenance, to West Coast Arborist, Inc. of Fresno, CA not to exceed $1,000,000.00 annually per specifications of RFP #20-21-49.

Environmental Assessment Status: N/A
Attachments: RFP #20-21-49, Previous Fiscal Costs Citywide, West Coast Arborist Proposal, Frequency of use
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CITY OF VISALIA

REQUEST FOR PROPOSAL
RFP #20-21-49
Request for Proposal (RFP) for
Annual Contract for Community Forest Maintenance
Proposer Conference: Two mandatory conferences will be held at City Hall, 707 West Acequia, Visalia, CA, in the City’s Council Chambers. Conferences have been scheduled as follows:

August 10, 2021 @ 10:00 a.m. and
August 12, 2021 @ 2:00 p.m.

Attendance at one of these meetings is required in order to submit a proposal in response to this RFP. This is an opportunity to ask questions regarding the program and the Request for Proposal requirements.

Submittal: One (1) unbound original and four (4) copies must be received on or before: 2:00 p.m. on August 31, 2021.

Addressed to: Purchasing Division
707 W. Acequia
Visalia, CA 93291
Addressed from: Proposer’s Name & Mailing Address
Mark envelope: RFP No. 20-21-49
Community Forest Maintenance
Inquiries: Please direct questions for clarification of this bid document to the Purchasing Division by phone at (559) 713-4334, Fax (559) 713-4802, or email [email protected]. All questions must be received on or before August 20, 2021.

PUBLIC WORKS PROJECT: Notice is hereby given that this is a Public Works Project. In compliance with SB854 and Labor Code Section 1725.5, all contractors and subcontractors (including Consultants and SubConsultants) bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner.
339
Annual Contract for Community Forest Maintenance
RFP No. 20-21-49

CITY OF VISALIA, CALIFORNIA

REQUEST FOR PROPOSAL
RFP 20-21-49
SEALED PROPOSALS will be received by the Purchasing Division located at 707 West Acequia, Visalia, CA 93291, until 2:00 P.M., August 31, 2021 for:

Annual Contract for Community Forest Maintenance
Mandatory proposal conferences will be held on Tuesday, August 10, 2021 @ 10:00 a.m. and Thursday, August 12, 2021 @ 2:00 p.m. Both conferences will be held at City Hall, located at 707 West Acequia, Visalia, California 93291, in the City Council Chambers. Attendance at one of these meetings is required in order to submit a proposal in response to this RFP.

Contract documents may be obtained by contacting the office of the Purchasing Division at (559) 713- 4334, by FAX (559) 713-4802 or visiting the website at visaliapurchasing.org.

Notice is hereby given that this is a Public Works Project. In compliance with SB854 and Labor Code Section 1725.5, all contractors and subcontractors (including Consultants and Sub-Consultants) bidding and performing work on Public Works Projects must:

1. Be currently registered with the California Department of Industrial Relations (DIR)

2. Furnish electronic payroll records for new projects to the Labor Commissioner.

Consultant will be required to furnish the City of Visalia with their DIR registration number. No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors or list unregistered subcontractors will be rejected as non-responsive.

Consultant must comply with State and Federal Regulations that apply to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations. The standard that results in greater wages and benefits shall prevail.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice.

Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.

The right is reserved by the City of Visalia to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

Publication Dates: July 27, 2021
August 3, 2021
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TABLE OF CONTENTS

TITLE PAGES
I. Definitions........................................................................................................................................................4 II. Introduction .....................................................................................................................................................4 A. Information ...............................................................................................................................................4 B. Purpose and Objective ..............................................................................................................................4 C. RFP/Agreement Schedule .........................................................................................................................5 III. Scope of Services..............................................................................................................................................5 A. Required Product ......................................................................................................................................5 B. Services of the Consultant.........................................................................................................................5 C. Consultant Responsibilities.......................................................................................................................5 D. City Responsibilities.................................................................................................................................12 IV. Proposal Content and Format Requirements..................................................................................................12 A. General Information................................................................................................................................12 B. Proposal Project Approach......................................................................................................................12 C. Staff Qualifications and Related Experience ...........................................................................................12 D. Proposed Fee Structure and Schedules...................................................................................................14 E. Conflict of Interest...................................................................................................................................15 V. Consultant Selection Procedure .....................................................................................................................15 A. Criteria.....................................................................................................................................................16 B. Background Check...................................................................................................................................17 C. Award of Contract...................................................................................................................................17 VI. Examination of Contract Requirements & Acceptance of Proposal Content ...................................................17 A. Withdrawal of Proposals.........................................................................................................................18 B. Rejection of Proposals.............................................................................................................................18 C. Evaluation/Award of Contract.................................................................................................................18 VII. Measurement & Payment ............................................................................................................................. 19 A. Billing & Payments ..................................................................................................................................19 B. City’s Right to Withhold Certain Amounts ..............................................................................................19 C. Contract Price Adjustments.....................................................................................................................19 VIII. General Conditions.......................................................................................................................................19 A. Important Notice.....................................................................................................................................19 B. DIR Requirements, Public Works Contractor Registration Program & Project Labor Agreements.........20 C. City of Visalia Labor Compliance Manual ................................................................................................20 D. Legal Responsibilities ..............................................................................................................................20 E. Permits and Licenses...............................................................................................................................20 F. Bonds.......................................................................................................................................................21 G. Insurance.................................................................................................................................................21 H. Assignment of Contract...........................................................................................................................22 I. Documents/Data .....................................................................................................................................22 J. Termination of Contract..........................................................................................................................23 K. Right To Require Performance ................................................................................................................24 L. Ethics in Public Contracting.....................................................................................................................24 M. Independent Contractor..........................................................................................................................24 N. Equal Employment Opportunity..............................................................................................................24 O. Venue ......................................................................................................................................................25 P. Proprietary Information ..........................................................................................................................25 Q. Incurring Costs.........................................................................................................................................25 R. Firearms Prohibited.................................................................................................................................25 Non-Collusion Affidavit
Workers Compensation Insurance Certificate
Equal Employment Opportunity Compliance Certificate
Bidder’s Statement on Previous Contracts Subject to EEO Clause Ownership Disclosure
Americans With Disabilities Act Compliance Certificate
Drug-Free Workplace Certificate
Sample Contract
Attachment #1: Prevailing Wages
Attachment #2: Labor Compliance Manual
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I. DEFINITIONS
For the purposes of this RFP NO. 20-21-49, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. “Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Proposal.

5. “RFP” means Request for Proposal No. 20-21-49.

II. INTRODUCTION
A. Information
The City of Visalia is requesting proposals from qualified contractors holding C-27 and C-61/D-49 contractor’s licenses to provide all labor, tools, materials and supplies for annual services for maintenance, removal and replacement of trees as needed.

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods.

To encourage local vendor participation, five (5) points will be given to proposals submitted by local vendors. A local vendor is any business whose physical business address has been located in Tulare County for the past six months. A P.O. Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.

Mandatory proposal conferences will be held on Tuesday, August 10, 2021 at 10:00 a.m. and Thursday, August 12, 2021 @ 2:00 p.m. Both conferences will be held at City Hall, located at 707 W.

Acequia, Visalia, CA 93291, in the Council Chambers. Attendance at one of these meetings is required in order to submit a proposal in response to this RFP. This is an opportunity for Proposers to ask questions about the program and the Request for Proposal requirements.

One (1) unbound original and four (4) copies of the proposal are to be submitted to the Purchasing Division, located at 707 W. Acequia, Visalia, CA 93291, on or before August 31, 2021 at 2:00 p.m.

This Request for Proposals is being issued by the City of Visalia Purchasing Department on behalf of the Parks and Urban Forestry Division. Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the Purchasing Division at (559) 713-4334 or fax (559) 713-4802.

However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

Any revisions to the Request for Proposals will be issued and distributed as addenda. Proposers are specifically directed not to contact any other City personnel for meetings, conferences or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposals.

B. Purpose, Objective and Services to be Provided
Visalia is located east of State Highway 99 and along State Highway 198. The City’s population is approximately 139,000. Its incorporated area covers approximately 36 square miles. The purpose of this maintenance contract is to provide the City of Visalia with the best possible tree care to maintain the City's Community Forest at a level expected by the City’s residents, City Council, City staff, and visitors of the community. The selected firm will work closely with the Project Manager and other City staff to insure the most appropriate care and maintenance of the City’s Community Forest with sensitivity to the City of Visalia, it's residents and visitors.
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C. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public ........................................................................................................July 27, 2021 Proposer Conference at 707 W. Acequia Ave. @ 10:00 a.m. ..............................................August 10, 2021 Proposer Conference at 707 W. Acequia Ave. @ 2:00 p.m. ................................................August 12, 2021 Deadline for Written Questions .............................................................................................August 20, 2021 RFP due at 2:00 pm at 707 W Acequia ............................................................................... August 31, 2021 Short list established and vendors notified .................................................................... September 10, 2021 Interviews/Presentations with short-listed vendors (if required) .................................... September 17, 2021 Award of Contract @ City Council Meeting ................................................................... September 20, 2021 Contract Begins..................................................................................................................... October 1, 2021 Italicized items and dates are at the City’s option. The City reserves the right to award contract solely on the basis of proposal content.

III. SCOPE OF SERVICES
A. Required Product
A healthy Community Forest maintained to City standards per the Scope of Work as noted in this RFP.

B. Services of the Consultant
The City of Visalia will require the consultant to perform the tasks detailed below and in the Introductory Section so that the contract will be completed by the end of the twelve (12) month contract period.

C. Consultant Responsibilities
The proposal submitted in response to this RFP shall include a detailed scope of work and schedule consistent with the purpose and objective of the project identified in the Introduction Section and as follows.

1. It shall be understood that the Contractor will be required to perform and complete the proposed landscape and/or tree maintenance work in a thorough and professional manner, and to provide all labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City’s requirements. It is the responsibility of the Contractor to provide storage for all materials, tools, equipment and vehicles. Contractor shall be required to perform the following tree maintenance activities at various sites throughout the City:
a. Update Tree Inventory
b. Tree trimming
c. Tree removal
d. Tree planting
e. Clean up and disposal and/or recycling of generated green waste f. Root pruning and root barrier installation
g. Milling of lumber from removed trees when directed
h. Tree inventory update and management
i. Software installation (if directed) – specifics on # users, type, etc. j. Small tree care
k. Arborist Tree Evaluation Report
l. Project Manager Meetings
m. Traffic Control Plans
n. Equipment Rental
o. Tree Watering

2. Project Initialization
Upon contract award, the successful bidder shall be required to provide a complete update of the City’s tree inventory. The tree inventory data shall confirm the existing tree inventory database and include but not be limited to the following data fields:
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a. Species.
b. Size, including DBH, canopy height and canopy spread. c. Condition.
d. No Parking dates and times (where applicable).
e. Presence of overhead power lines.

3. Annual Pruning Program
Contractor shall submit a recommended annual pruning program. Bid proposal shall provide suggested time schedules, personnel and vehicles that would be required to complete the annual pruning schedules. Depending on the City’s current and future pruning needs the recommended pruning schedule may require multiple crews to perform concurrently within the same time constraints.

4. Community Forest Study
The study will provide information on the overall health of the Community Forest and focus on the following areas of concern.
a. The impact of the City’s root pruning and hardscape repair program has had on existing street trees.
b. The long-range impact that poor or improper pruning practices, which has been conducted in previous years, and its effect on city trees in today’s environment. c. An evaluation of the City’s mature and over-mature trees and the projected impact of removals and replacements that may be necessary in the next 10 years. d. Projected requirements for the release of beneficial insects. e. A hazard evaluation study of all park trees.

5. Special Provisions
a. Where “as directed”, “as required”, “as permitted”, “approve”, “acceptance”, or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Visalia is intended unless otherwise stated. As used herein, “provide” shall be understood to mean “provide complete”, in total. The word “site” as used hereinafter shall be understood to mean the location receiving the service. The use of the word “Contractor” shall be held to mean the Contractor and/or any person employed by them and working under this contract. b. All tree trimming shall comply with good arboreal practice for the particular species of trees being trimmed and shall be consistent with the Pruning Standards as adopted by the International Society of Arboriculture, and/or "Pruning Landscape Trees" by U.C.

Agricultural Extension Service #AXT-288. The Contractor shall also meet the requirements of the American National Standards, Z133-1-1972, entitled "Safety Requirements for Tree Pruning, Trimming, Repair or Removal," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018.

The Project Manager shall determine if the Contractor has met all trimming requirements and payment shall not be made for trimming that is not in accordance with the above standards. The Contractor shall be deemed in contract default if they consistently fail to comply with the aforementioned standards.
c. Prior to beginning the work, the Contractor shall review with the Project Manager various methods, tools, and work scheduling to be used on the project. Unless otherwise indicated, tree trimming shall include but not be limited to accepted pruning activities.

Any structural weakness, decayed trunk or branches, or split crotches or limbs discovered by the Contractor during the course of trimming shall be reported to the Project Manager for determination.
d. The use of lopping shears shall be specifically approved by the Project Manager. e. Daily tree trimming operations shall commence no earlier than 7:00 AM and shall be completed each day no later than 5:00 PM.
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f. Limbs one inch (1”) in diameter or greater shall be precut to prevent splitting. When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1’) to two feet (2’) from the crotch. The undercut should be at least one-third (1/3) of the diameter. Make the second cut one inch (1”) to three inches (3”) further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3 ½”) or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the Project Manager. All debris resulting from tree trimming operations shall be removed from the work site on a daily basis.
g. Removal of all vines entwined in the tree or around its trunk, and the removal of sucker growth on tree trunks.
h. Tool Sanitation - On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily.

6. General Trimming and Shaping of Conifers
Two basic classes of conifers can be found in Visalia, those with branches radiating out from the trunk in whorls such as Pine trees or Cedar trees and those that sprout branches in a random manner such as Juniper or Taxus. Conifers shall typically be pruned in late winter or early spring.

Typically, no more than thirty percent (30%) of the live foliage may be removed. a. Contractor shall avoid damaging the central leader on all conifers. In specific cases the Project Manager may direct the contractor to remove the central leader in an effort to limit the height of specific trees.
b. At the time of pruning, the Project Manager shall determine which trees shall have the new growth pinched back in an effort to control canopy size. c. To control the growth of large, mature conifers contractor shall be required to prune the new growth of lateral limbs.
d. Typical pruning of conifers shall consist of removing crossed limbs, deadwood or unwanted branches from the interior of the canopy.

7. General Trimming and Shaping of Broadleaf Trees
Follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of trees shall be as directed by the Project Manager and in accordance with the following:
a. Cut to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least twenty-five percent (25%) but no more than fifty percent (50%).
b. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.
c. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.
d. Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.
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8. Trimming for Traffic Clearances
a. The minimum clearance under trees within the street right-of-way shall be sixteen feet (16’) over the traveled road, and ten feet (10’) over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree. b. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership.
c. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.

9. Small Tree Care
The City requires an active approach to the care of its young and newly planted trees.

The contractor shall be required to perform basic maintenance that will include but not be limited to tree well adjustments and watering, removal of weeds from tree wells, pruning, and re-staking when necessary. The maintenance of small trees shall begin as soon as each individual tree has been planted.

10. Tree Removals
a. During the course of trimming activities for a specified street, contractor shall notify the Project Manager of any trees which may be dead, hazardous or in need of removal for any reason. The Project Manager shall make the final determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in good workmanlike manner in accordance with the standards of the arboricultural profession. b. All wood from removed trees is the property of the City and shall be disposed of at the direction of the Project Manager. No wood shall be left along public right-of-way unless approved by the Project Manager. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped, or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.
c. Contractor shall be required to call Underground Service Alert at least 2 days before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of 1½ feet either side of the outer circumference of the stump, or until surface roots are no longer encountered.
d. Stumps should be cut low enough to the ground where routing can be done safely. This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal. All stumps are to be ground within 48 hours of tree removal. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2) inches above normal ground level. All excess routing chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition.

11. Pest Control
Contractor shall take precautions and necessary actions to alleviate any pest damage to trees in the Community Forest with prior approval of Project Manager.

12. Crew Rental Services
Contractor shall provide when specifically requested a standard crew of 3 persons, one (1) chipper truck, one (1) chipper, one aerial tower truck and all necessary saws and hand tools. Crew make up should also be capable of modification in order to perform miscellaneous tree care tasks. The Project Manager shall provide a description of the work and recommended tools required to complete the assignment in an efficient and timely manner.
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13. Emergency Response Service
a. The contractor shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time. The contractor will be informed of locations and work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.
b. Contractor shall be required to provide 24-hour emergency phone numbers and the names of at least five (5) contact individuals upon award of contract. Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City within 2 working days.
c. Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the contractor shall be required to notify the responsible utility company. e. Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools, equipment, disposal fees and necessary materials.
f. Evening, weekends and holiday call-out service.

14. Traffic Control
a. Contractor shall be required to supply the necessary equipment to provide adequate traffic control measures during tree trimming operations. This shall include but not be limited to high visibility arrow boards where appropriate. City Engineering Traffic Control must approve all traffic control measures prior to implementation. Should an Encroachment Permit be required, it will be the responsibility of the Contractor to obtain. b. Tree trimming operations may be conducted on one side of the street at a time and at no time may streets be closed. During all tree trimming operations adequate provisions shall be made by the contractor to accommodate normal traffic flow over public streets.

Means of ingress and egress shall be provided for occupants of adjacent property with convenient access to driveways, buildings, businesses or private residences. Pedestrian traffic shall be accommodated on adjacent sidewalks.
c. Contractor shall be required to provide and maintain barriers, guards, and lights whenever and wherever necessary in order to effectively protect the public from the dangers associated with the tree trimming operations. Contractor shall be required to post proper notices and signals for the public regarding detours and the conditions of work currently in progress.

15. Public Noticing of Tree Trimming Operations
a. Contractor shall be required to notify residents and/or businesses of scheduled tree trimming operations at least seven calendar days prior to the work being performed.

Notifications shall be made in the form of door hangers, or letters mailed through the US Postal system.
b. City approved “No Parking” signs shall be posted on individual trees scheduled for trimming 24 hours prior to the work being performed.

16. Disposal of Debris
a. Green waste that is transported to an off-site facility for grinding into mulch shall be documented and submitted to the Project Manager on a monthly basis. Weight slips shall be required as proof of disposal and shall be included in the monthly Green Waste Report.
b. Wood chips generated from trimming operations within the City of Visalia may be dumped and spread at a City designated site, or as otherwise directed by the Program Manager.
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c. At the direction of the Project Manager, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. These chips shall be dumped and spread in specified locations in the City.
d. At the direction of the Project Manager, large tree trunks, which meet proper specifications, will be required to be milled into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the bid proposal.

17. Invoice
Contractor shall be required to submit invoices on a twice monthly basis. Invoice format shall include but not be limited to a list of each street that trimming operations took place, the address of each individual tree trimmed, the species and its current condition, height, trunk diameter and canopy spread of each individual tree that was trimmed. Each invoice shall include an exact copy in electronic format that is compatible with the City’s Tree Inventory program. Failure to submit invoices in this format may result in non-payment until these requirements are met.

18. Inspections
a. The Project Manager shall be furnished with every reasonable facility for ascertaining full knowledge of the daily tree maintenance operations involving the workmanship, character of materials and equipment used and employed in the work. Each week, the Contractor shall be required to submit a complete working schedule of all tree maintenance operations including but not limited to trimming, planting, removals, stump grinding and watering.
b. Inspection of the work shall not relieve the Contractor of any obligations to complete the work as outlined in this document. Contractor will correct any deficiencies found, even if found after the initial inspection.
c. Any work found to be unacceptable will be noted in writing. Upon receipt of notice of deficiencies, the Contractor shall make a reasonable good faith effort to correct the deficiencies within ten (10) calendar days. If unacceptable conditions are not corrected within this time period, the City shall have the right to take corrective measures including payment deduction and up to termination of the contract.

19. Withholding Payment
The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following reasons:

1. Defective or inadequate work not corrected.

2. Claims filed, or reasonable evidence indicating probable filing of claims.

3. Failure of the Contractor to make proper payments to subcontractors or for materials or labor,

4. A reasonable doubt that the contract can be completed for the balance unpaid.

20. Minor Modifications and/or Additional Work
a. The City may modify these specifications with the joint approval of the Contractor and the City of Visalia Purchasing Division. All modifications shall be in writing. b. In the event that the City of Visalia should require additional work outside the terms of the contract specifications or not priced in the contract, the Contractor shall perform all work at a competitive price.
c. Additional work covered by the contract specifications and pricing may be added to the contract as the need arises. The Contractor shall perform all specified and approved additional work at the unit prices submitted with this bid proposal. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner.

21. Clarification of Specifications
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a. If any bidder, prior to submitting their bid should find any discrepancies and/or omissions from the specifications or other contract documents, or if they should be in doubt as to the true meaning of any part thereof, they shall direct questions or concerns to the Visalia Purchasing Division, 707 W. Acequia Avenue, Visalia, CA 93291, email to [email protected] or by fax at 559-713-4802 for corrections, clarification, or interpretation of the points in question. Questions must be submitted by August 20, 2021.
b. In the event that the City of Visalia Purchasing Division receives a request, and it should be found that certain essential information is not clearly and fully set forth, or if the City discovers errors, omissions, or points requiring clarification in these documents, a written addendum will issued. The City will not be responsible for any instructions, explanations, or interpretations of the documents presented to bidders in any manner other than written addendum. It is the responsibility of the Proposer to ensure they have received all Addenda.

22. Bond Requirements
Ensure Performance Bond at 100% is included in the proposed Contract.

23. Arborist Tree evaluation and report
Follow ISA evaluation standards

1. Resistograph testing when necessary

2. Root Crown excavation when necessary

24. Project Manager Meetings
a. Meet bi-weekly to review and receive invoices.
b. Review and inspect.

1. Inspect completed work.

2. Inspect upcoming work.

25. Traffic control plans
a. Encroachment permit required.
b. Traffic Control plan required on major arterials to be filed and approved by City of Visalia Traffic Engineering.

26. Equipment Rental
When requested by City of Visalia Project Manager:

1. Crane

2. 95-foot aerial tower

3. Loader

27. Tree Watering
Contractor will be responsible for obtaining a water meter from Cal Water at Contractor’s expense.

1. Watering Downtown trees not on irrigation

2. Done before hours of 7:00 am

3. Berm repair for watering holding capacity.

4. Report dead or dying trees.

5. Re-staking trees as needed.

6. Weeding of tree basins

7. Basil sucker removals.

28. Tree Planting
Plant in accordance with ISA Standards, ANSI a300 Standards and City of Visalia Standards and specifications.

29. Software
a. A written description of the proposed software program to be used to manage the City’s Tree Inventory and firm’s ability to provide accurate inventory updates for all trees serviced. b. A statement describing the firm’s ability to provide data for the City’s Geographic Information System (GIS). Data shall be compatible with the City’s current tree inventory database.
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c. A written description of the firm’s plan to report green waste generated and the method for its disposal.
d. A written description of the firm’s internal tree maintenance and arboricultural training program.

The City reserves the right to accept or reject any of the individual components of the work proposed.

D. City Responsibilities
• Compensate the consultant as provided in the contract agreement. • Provide a "City Representative" who will represent the City and who will work with the consultant in carrying out the provisions of the RFP.
• Examine documents submitted to the City by the Consultant and timely render decisions pertaining thereto.
• Give reasonably prompt consideration to all matters submitted by the Consultant for approval to the end that there will be no substantial delays in the Consultant's program of work.

IV. PROPOSAL CONTENT AND FORMAT REQUIREMENTS
The following are proposal requirements. Respondents are requested to organize their proposal into sections with tabs corresponding to the listed selection criteria as follows. You must answer the following questions in the same sequence as below. A screening committee will evaluate the completeness of the response to the RFP.

A. General Information
• Firm name, address, telephone number, fax number and email address. • Account Representative or other person to contact for clarification of any item contained in the proposal. Include telephone number, fax number and email address if different from above. • Specify type of organization (individual, partnership or corporation) and if applicable indicate whether you are:
a. Small Business.
b. Disadvantaged Business.
c. Minority and/or Women-Owned Business.
• Provide your Federal Tax ID Number and City of Visalia Business Tax Certificate Number. • Names of company’s owners / officers.
• Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person needs to be identified.
• References and Referrals
• Provide surety information for all sureties – General and Auto Liability, E/O and Worker’s Compensation
B. Proposed Project Approach
Summarize your approach and understanding of the project and any special considerations of which the City of Visalia should be aware. Indicate clearly, the levels of participation you will expect from City of Visalia staff in the fulfillment of the contract.

Exceptions to the requirements of the RFP should be clearly delineated in this section.

In addition, you are invited to include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.

The information in this section will aid the City in the refinement of the scope of work during contract negotiations.

C. Staff Qualifications and Related Experience
This section should demonstrate the qualifications of all professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related experience and their proposed roles for this contract. Note: Consultant may not substitute any member of the project team without prior written approval of the City. 350
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Firms wishing to have their bid proposals considered for this project shall submit the following, as a minimum:

1. A statement of firm’s qualifications applicable to this project, including the following:
a. State of California Contractor’s License number and expiration date, C-27 & C61/D-49. b. Names, qualifications and proposed duties of staff to be assigned to this project. The firm shall identify at least two (2) ISA Certified Arborists who will be responsible for providing project management for the duration of the project as well as a full-time English speaking Site Supervisor, who is an ISA Certified Arborists, capable of communicating with any City representative and be authorized to act on behalf of the firm. c. List of staff qualifications including but not limited to:
1) All Certified Arborists employed by the firm.
2) All Certified Tree workers employed by the firm.
d. All Certified Utility Arborists employed by the firm. e. All Utility Line Clearance Specialists employed by the firm. f. California State Licensed Pest Control Advisor employed by the firm. g. California State Licensed Pest Control Applicator employed by the firm. h. American Society of Consulting Arborists (ASCA) Registered Consulting Arborist employed by the firm to consult on tree health issues.
i. Technicians providing technical support for inventory software.

2. Technical ability and experience similar in scope to this project.

3. Statement of past project disqualification(s) and litigation.

4. Quality Control Plan.

5. Customer Service Program.

6. Safety Training Program.

7. Industrial Safety Record.

8. Letters of Reference.
a. A description of previous experience, including projects of similar nature. b. A detailed description of the proposed services to be performed along with schedules, list of personnel, and vehicles that would be required to complete this project. c. Affirmative statement of compliance with indemnity and insurance. d. A written description of the proposed software program to be used to manage the City’s Tree Inventory and firm’s ability to provide accurate inventory updates for all trees serviced.
e. A statement describing the firm’s ability to provide data for the City’s Geographic Information System (GIS). Data shall be compatible with the City’s current tree inventory database.
f. A written description of the firm’s plan to report green waste generated and the method for its disposal.
g. A written description of the firm’s internal tree maintenance and arboricultural training program.
h. A complete list of machinery and equipment, including year, serial number and license number, to be used for this project and all available equipment in reserve to allow for breakdowns.
i. A written description of methodology to be used for notifying residents prior to commencement of tree work. (Door hangers are permitted in the City). j. The firm must submit a proposed Quality and Cost Control Plan to enhance the service and responsiveness to the City. It should include the following:
▪ The methodology in which the firm will handle complaints from the public and damage to public & private property.
▪ Effective means to correct problems.
▪ The means the firm will use for completing the project. ▪ Corporate and Financial Capability
▪ A written statement describing the firm’s ability to acquire and purchase trees for the City’s planting program. Also describe the facility, which the trees are to be stored.
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D. Proposed Fee Structure
Provide proposed fees and cost information and recommend a budget plan for all services to be provided in the following format:

SCHEDULE OF COMPENSATION

DESCRIPTION UNIT UNIT PRICE
Annual Tree Trimming on District/Zone basis per tree $
SERVICE REQUESTS – Work performed on an individual basis

FULL TRIM
0-6” dbh per tree $
7-16” dbh per tree $
17-24” dbh per tree $
25-36” dbh per tree $
37” dbh & over per tree $

TREE REMOVAL
Tree and stump removal per diameter inch $
Tree removals over 36” dbh per diameter inch $
Stump only removal per inch $

PLANTING
15-gallon tree per tree $
24-inch box tree per tree $
36-inch box tree per tree $
48-inch box tree per tree $
TREE WATER MONITORING per tree $

CREW RENTAL
3-man crew with equipment per hour $
2-man crew with equipment per hour $
1-man crew with equipment per hour $

EMERGENCY RESPONSE
1-man crew with equipment per hour $
TREE INVENTORY AND per tree site $

SOFTWARE PACKAGE
GPS INVENTORY (40,000 trees) Total $
TREE INVENTORY UPDATES per tree site $
TREE MASTER PLAN Lump Sum $
ARBORIST TREE EVALUATION REPORT per tree site $
MEETING WITH PROJECT MANAGER per hour $
PREPARING TRAFFIC CONTROL PLAN per plan $
EQUIPMENT RENTAL per hour $
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ADDITIONAL SERVICES

DESCRIPTION UNIT UNIT PRICE
PALM TREE TIRMMING (Service Request)
Coco palm, any size per tree $
Washingtonia palm, any size per tree $
Canary Island Date Palm, any size per tree $
ROOT PRUNING linear foot $
ROOT BARRIER INSTALLATION linear foot $
CONTRACTOR agrees to allow any other public agency (e.g., city, county district, public authority, public agency, municipality, and other political subdivision or public corporation) to have the option to participate in any award made as a result of this solicitation at the same prices. The City shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor.

The CITY, at its option and with CONTRACTOR concurrence, may renew this contract for additional fiveyear periods, in one-year increments, on the same terms and conditions as provided herein. This option may be exercised only if the CONTRACTOR demonstrates superior performance in the provision of tree maintenance services during the prior five-year contract term, assuming all of the annual renewal options were awarded.
• Proposers should review the requirements of this RFP and address all services that might reasonably be expected to support the project. Indicate how the City will be invoiced for services, i.e., unit or hourly costs.
• This information should be detailed and broken down by type of service and units of work or other applicable measure. Proposers should endeavor to provide a comprehensive fee schedule as the City will not include compensation in the contract for items not addressed. • Include a total cost to provide services, based on the consultant’s fee schedule and the scope of work as outlined in this RFP. This cost will be used as a basis for negotiations. • The fee proposal submitted under separate, sealed cover, along with the proposed project approach, will be used as a basis for any contract negotiations. The actual scope of services and fees included in the contract may be negotiated and may vary to satisfy the City’s actual needs.

E. Conflict of Interest
• Disclose any financial, business or other relationship with the City or any member of the City staff that may have an impact on the outcome of the project.
• List current clients who may have a financial interest in the outcome of the project.

V. CONSULTANT SELECTION PROCEDURE
Selection of the successful proposal shall be generally based on the information provided by the Vendors in response to the Request for Proposals and any subsequent interviews that may be conducted.

Consultant interviews will be held solely at the option and discretion of the City of Visalia. The process for selection shall occur in the following sequence:
• Review Proposals
• Establish a “short list” of three or more firms
• Interview “short-listed” firms (at the option and discretion of the City) • Identify best qualified firm
• Award contract
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A project Selection Committee, as deemed necessary, will be formed to evaluate the proposals and to make recommendation to the Visalia City Council. This committee may consist of representatives of the user department, members of the community, members of the Council and the Administrative Services Department, and may include a representative knowledgeable in green waste services from outside of the community. Composition and creation of this committee, should one be formed, is at the sole discretion of the City. Names of the Committee members, should one be formed, will not be released prior to the time for interviews.

The Committee will review the proposals for format to ensure conformance with the requirements of the RFP and may select finalists to interview with the Committee as a part of the Committee's evaluation process. The City does not guarantee that an interview will take place, thus reserving the right to select a contractor based solely on the information provided in the proposals received in response to the RFP.

Should an interview take place, the key personnel responsible for fulfilling the requirements of the project shall be required to be present for the interview.

A. Criteria
The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a contractor to perform the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should the City choose to conduct interviews with short-listed firms.

Additionally, 5 percentage points (Local Preference Points) will be given to any Proposer who has an established business address in the County of Tulare as outlined in Section II Introduction Item A.

Criteria As Demonstrated By Weight of
Criteria
Quality & Completeness of
Proposal
-Relevance & Conciseness of Bid Proposal and Statement
of Qualifications
-Work Statement and Quality Control Plan
10 pts.

Corporate Capability -Qualifications and experience of staff -Quantity and types of equipment
-The ability of the firm to provide the proper insurance coverage
-Financial ability of the firm to provide services to the City of Visalia
-Experience in the management of electronic tree
inventory databases
-Internal training program for employees
-Green waste recycling capabilities and the firm’s plan to recycle generated green waste from tree maintenance
activities.
20 pts.

Reference Evaluation -Customer Service Record
-Performance record of the firm relating to the Project Schedule of similar scale
-Quantity and Quality of work previously performed
-References
20 pts.

Customer Service
Evaluation
-The firm’s customer service program and response to
Citizen complaints. 5 pts.

Information Management -Inventory software provided to the City -Technical support for software and data management
-Quantity and types of inventory equipment
-The ability to provide accurate inventory updates, for all trees serviced, compatible with the City’s tree inventory database
-Geographic Information System (GIS) capabilities
15 pts.

Pruning Program -Ability to recommend and meet Project Schedules -Pruning ability 10 pts.

Community Forest Study -An evaluation of the firm’s ability to conduct a comprehensive study of the current condition of
Visalia’s Community Forest.
5 pts.

Fee Schedule -An evaluation of the firm’s Fee Schedule 10 pts. 354
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Criteria (Cont’d) As Demonstrated By Weight of
Criteria
Local Vendor Preference -Proposals submitted by Businesses with a business address in Tulare County, CA will receive 5 percentage
points.
5 pts.

Prior to the award of contract, the City must be assured that the proposer selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.

B. Background Check
The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

C. Award of Contract
The successful firm will be required to execute a contract with the City of Visalia. A Draft Agreement has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

VI. EXAMINATION OF CONTRACT REQUIREMENTS AND

ACCEPTANCE OF PROPOSAL CONTENT
Before submitting a proposal, proposers must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City of Visalia, upon which the offeror will rely.

The submission of a proposal shall be considered conclusive evidence that the proposer has carefully investigated all conditions that affect, or may at some future date affect, the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal. Submission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.

No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the proposer receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.

Should the proposer feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal. 355
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The contents of the proposal of the successful proposer shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award.

A. Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Division.

The request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

B. Rejection of Proposals
The City of Visalia reserves the right to reject any or all proposals; to waive any requirements, both the City's and those proposed by the vendor; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with mutual consent of the proposer; to re-advertise for proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the proposal of each vendor, so as to select the vendor which best serves the requirements of the City, thus insuring that the best interest of the City will be served. Proposer’s past performance and the City's assurance that each proposer will provide service as proposal, will be taken into consideration when proposals are being evaluated.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the proposal of any proposer who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the proposer’s proposal submission, or at any point in the proposal evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the proposal submission is material shall be made solely in the exercise of the City’s sound discretion. The City expressly reserves the right to reject the proposal of any proposer who is in default on the payment of taxes, licenses or other moneys due to the City of Visalia.

C. Evaluation/Award of Contract
Evaluation and selection of proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluated by a Selection Committee. The City reserves the right to make the selection of a proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the proposer to perform the services set forth herein.

The award, if made, will be made within ninety (90) days from proposal closing date. Proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:

1. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

2. Should proposer be awarded contract, proposer shall not assign contract, or any part thereof, or any moneys due or to become due thereunder, without prior consent of the City.

3. Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its consultants, subcontractor, anyone directly or indirectly 356
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employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

4. Proposer shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

VII. MEASUREMENT AND PAYMENT
A. Billing and Payments
Vendor is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. The vendor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur.

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City’s check.

B. City’s Right to Withhold Certain Amounts
The City may withhold a sufficient amount of any payment otherwise due to the contractor to cover:
 Work required in the specifications which is not performed or is incomplete or for defective work not remedied.
 The cost of having the required work done by City forces or others will be charged to the vendor.
 The City reserves the right to assess a $100 penalty per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract.

C. Contract Price Adjustments
All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Project Manager within the thirty (30) calendar day period prior to the annual anniversary date of the agreement as specified in the General Conditions of RFP 20-21-49.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period.

In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

VIII. GENERAL CONDITIONS
A. Important Notice
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors who have 357
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secured same. However, it will be the responsibility of each vendor, prior to submitting their proposal, to contact the Purchasing Division, located at 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addendums were issued and to make such addendum a part of the proposal.

B. Department of Industrial Relations Requirements, Public Works Contractor Registration Program and Project Labor Agreements
Notice is hereby given that this is a Public Works Project. All contractors and subcontractors (including Consultants and Sub-Consultants) bidding and performing work on Public Works Projects must:

1. Be currently registered with the California Department of Industrial Relations (DIR).

2. Furnish electronic payroll records for new projects to the Labor Commissioner.

No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors or list unregistered subcontractors will be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a pre-hire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

C. City of Visalia Labor Compliance Manual
Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into his RFP and subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

D. Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature whether the same or expressly referred to herein or not. By submitting a proposal, Consultant certifies that he or she will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection and other laws and regulations.

E. Permits and Licenses

1. Business Tax Certificate
Possession of a City of Visalia Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Contractor shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work. For additional information, contact the City of Visalia Business Tax Division at (559) 713- 4326.

A. Professional License
Consultant is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California.
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B. Permits
Consultant shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals.

F. Bonds
Required Bonds
The Bidder(s) awarded contract(s) pursuant to this RFP will be required to provide to the City of Visalia a “Performance Bond” in the amount of 100% of the contract amount within ten (10) days of receipt of a “Notice of Award” and shall remain in force for one year after the date of completion.

G. Insurance
Indemnification and Insurance
As respects acts, errors, or omissions in the performance of services, VENDOR agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of Vendor’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.

CITY agrees to indemnify and hold harmless VENDOR, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, VENDOR agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with Vendor’s (or Vendor’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

Without limiting CITY’s right to indemnification, it is agreed that VENDOR shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
• Workers’ Compensation insurance as required by California statutes. • Commercial general liability insurance with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).
• Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City of Visalia, Purchasing Division, 707 W. Acequia, Visalia, CA 93291, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given.”
In addition, the Commercial general liability policy required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
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“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”
The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should Consultant cease to have insurance as required during any time, all work by Consultant pursuant to this agreement shall cease until insurance acceptable to the City is provided.

In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

H. Assignment of Contract
No assignment by the vendor of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assignment had prior written approval and consent of the City.

In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet or transferred.

I. Documents/Data
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY.

Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.
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J. Termination of Contract
The nature of this services contract requires that the City and the consultant must work closely as a mutually supporting team without conflict. Also, the City needs to be able to terminate this agreement at any time the City may feel this working relationship has been impaired or should the City no longer have complete confidence and satisfaction in the quality and performance of services by the proposer.

Therefore:

The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Should the contract be terminated for convenience, the proposer shall be paid for all authorized services provided, including reasonable charges for demobilization. However, the proposer shall not be paid any anticipated profit or fees for services not provided.

B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

1. If the proposer shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part.

2. Any assignment, subletting or transfer of the interest of the Consultant, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.

3. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of subconsultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a subconsultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the subconsultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.

3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, 361
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services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.

5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pretermination activities.

K. Right to Require Performance
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

L. Ethics in Public Contracting
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

Prior to the award of any contract, the potential Consultant may be required to certify in writing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be rejected. Reasonable grounds for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.

M. Independent Contractor
In the performance of the services herein provided for, the Consultant shall be, and is, an independent contractor and is not an agent or employee of the CITY. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder. The Consultant shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

N. Equal Employment Opportunity
During the performance of the contract, proposer agrees to the following:
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1. Proposer shall comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, all Federal, State of California, County of Tulare and City of Visalia laws and ordinances related to employment practices.

2. Proposer shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

3. Proposer, in all solicitations or advertisements for employees, placed by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.

O. Venue
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.

P. Proprietary Information
The proposals received shall become the property of the City of Visalia and are subject to public disclosure. Proposal prices and information submitted by proposers will be made available to proposers after City Council has approved award of contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law.

Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.

Q. Incurring Costs
The City of Visalia is not liable for any cost incurred by proposers in responding to this Request for Proposals.

R. Firearms Prohibited
Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
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NON-COLLUSION AFFIDAVIT
To Accompany Proposal

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
_________________________, being first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:

State of California
County of ________________________
On this __________ day of _______________before me, ___________________________________________, a Notary Public, personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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WORKERS’ COMPENSATION INSURANCE CERTIFICATE

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

Company: _________________________________________
Business Address: _________________________________________ Signature: _________________________________________
Name of Signing Official:_________________________________________ Title of Signing Official: _________________________________________ Date: _________________________________________
Company Seal:
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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 28925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the contractor agrees as follows:

1. The vendor will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The vendor will, in all solicitations or advertisements for employees, placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The vendor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the contractors’ commitments under Section 202 of Executive order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The vendor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor. Vendor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

5. In the event of the vendor’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the vendor may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

6. The vendor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States.

Certification on Non-Segregated Facilities
The contractor hereby certifies that it does not or will not maintain segregated facilities and not permit its employees to work at locations where facilities are segregated on the basis of race, color, religion, gender, national origin or political affiliation.
_____________________________ ________________________________ __________________ Name of Firm Authorized Signature Date
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BIDDER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11426)
The BIDDER shall complete the following statement by checking the appropriate blanks:

The BIDDER has_____ has not _____ participated in a previous contract subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.

The BIDDER has _____ has not _____ submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subBIDDERs will be awarded prior to award of subcontracts.

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100, “Employee Information Report EEO-I” prior to award of the contract.

Note: Failure to complete the blanks may be grounds for rejecting the bid.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
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CITY OF VISALIA
Ownership Disclosure for Contractors and Consultants
To Accompany Proposal
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

Firm Name:

Firm Address:

List the names of all principals, partners, and/or trustees. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:

Submitted by: Name __________________________________________________________ Date __________________________________________________________ 368
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AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
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STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.10-2019)

CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY (Authorized Signature) DATE EXECUTED
PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency. 370
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SAMPLE CONTRACT

ANNUAL CONTRACT FOR COMMUNITY FOREST MAINTENANCE
(City of Visalia RFP No. 20-21-49)
This Agreement, entered into and effective this ______ day of _______, 2021, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “VENDOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, VENDOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires services for Community Forest Maintenance, which was let to bid on ___________ as evidenced by RFP No. 20-21-49, Annual Contract for Community Forest Maintenance; and
WHEREAS, City of Visalia reviewed and evaluated responses to the Proposal and determined to award a contract to VENDOR for Community Forest Maintenance; and WHEREAS, VENDOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and VENDOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFP 20-21-49, Annual Contract for Community Forest Maintenance
Attachment 4 Vendor’s proposal in response to RFP No. 20-21-49 Attachment 5 City of Visalia Labor Compliance Manual

3. VENDOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation (“Scope of Services”):
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A. The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in RFP 20-21-49, for the cost identified in Attachment 2.

B. Additional Services: Incidental work related to the PROJECT and not described in RFP 20-21-49, may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in Attachment 2 - Schedule of Fees for Professional Services. Such additional services shall not be performed by CONSULTANT without the written consent of CITY.

4. CITY COMMITMENTS:

CITY shall perform all tasks described in RFP 20-21-49.

5. COMPENSATION:

CITY shall pay VENDOR compensation for services requested; however, CITY shall pay not more than the following amount under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on the monthly report and similar documents presented by VENDOR to CITY. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.

6. CONTRACT PRICE ADJUSTMENTS:

All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Project Manager within the thirty (30) calendar day period prior to the annual anniversary date of the agreement as specified in the General Conditions of RFP 20-21-49.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period.

In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

Cost $
Source of Funds: Local Revenues
Payment Schedule: As invoices are received
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IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

VENDOR
Dated: ___________________ By: ______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for VENDOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA
Dated: ____________________ By: ______________________________________________________ City Manager
Dated: ____________________ By: ______________________________________________________ City Attorney
Dated: ____________________ By: ______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By: ______________________________________________________ City of Visalia Project Manager
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Attachment 1

GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA ______________________________
707 W. Acequia Ave. ______________________________
Visalia, CA 93291 ______________________________
Attention: City Clerk/Purchasing Attention: ____________________ D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.

2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.
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3. WARRANTIES: Warranties required by the Invitation to Bid or this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.

CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.

J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

K. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

L. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated. 375
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Attachment 2

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts.
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
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c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.

Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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WEST COAST ARBORIST
FY 21-22 FY 20-21 FY 19-20 FY 18-19
1010 Gen Fund Zero – Gen
Fund $ 10,537.50 $ 13,725.00
1412 Measure N Parks/Bld $ 68,700.00 $ 11,287.50 $ 17,100.00 1551 GF Property Mgt – Gen
Fund $ 4,462.50
1861 Neighborhood Pres –
Gen Fund $ 3,825.00
2101 PD Admin Services –
Gen Fund $ 1,500.00 $ 750.00 $ 1,125.00
2102 PD Patrol – Gen Fund $ 6,375.00 $ 2,700.00 $ 1,500.00 2222 FD Emergency Services
– Gen Fund $ 1,050.00 $ 4,125.00 $ 1,500.00
2223 Fire Prevention – Gen
Fund $ 900.00
2530 Waterways Maint Zero $ 5,362.50 $ 87,262.50 $ 78,766.00 $ 26,364.00 2711 L&L NE Special Service
Dist. $ 675.00 $ 13,537.50 $ 10,457.50 $ 13,045.00
2721 L&L Open Space Dist. $ 300.00 $ 1,125.00
2731 L&L Spec Service Dist. $73,276.50 $294,696.00 $240,236.00 $159,370.00 3010 CIP Multi $ 22,762.50
3105 Parking Lot Maint $ 1,275.00 $ 2,662.50 $ 1,087.50 3106 PW Management – Gen
Fund $ 1,687.50
1621 Parks & Urban Forestry
– Gen Fund $ 8,362.50 $ 34,312.50 $ 1,200.00
1622 Park Maintenance – Gen
Fund $17,325.00 $161,983.50 $169,617.00 $107,620.00
3124 Street Maintenance –
Gen Fund $17,778.00 $ 93,424.50 $125,037.00 $126,101.50 3126 Traffic Maintenance –
Gen Fund $ 300.00
1629 Bike Path – Gen Fund $ 44,475.00 $ 13,725.00 $ 13,987.50 3790 Oak Tree Preservation $ 13,237.50 $ 4,800.00 $ 3,375.00 4041 Airport Operations $ 5,737.50 $ 1,200.00 $ 1,050.00 4051 Visalia Baseball $ 1,050.00 $ 600.00
4135 Convention Center
Operations $10,200.00 $ 3,900.00
4332 Wastewater Operations $ 2,700.00 $ 300.00
4551 Transit Operations $ 750.00 $ 4,912.50 $ 4,612.50 $ 1,950.00 4881 Storm Sewer
Maintenance $ 8,475.00 $178,200.00 $157,875.00 $ 72,712.50 TOTAL $141,154.50 $998,641.50 $ 869,251.00 $588,950.50
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Frequency of use
DESCRIPTION Unit
Prior Contract
Price New Contract Price Increase/Decrease Frequency of Use Annual Tree Trimming on
District/Zone basis per tree $75.00 $100.00 Increase Not Used SERVICE REQUESTS –
Work performed on an
individual basis

FULL TRIM
0-6” dbh per tree $60.00 $50.00 Decrease Rarely
7-16” dbh per tree $120.00 $100.00 Decrease Rarely
17-24” dbh per tree $300.00 $200.00 Decrease Rarely
25-36” dbh per tree $800.00 $500.00 Decrease Rarely
37” dbh & over per tree $1,200.00 $700.00 Decrease Rarely

TREE REMOVAL
Tree and stump removal per dia inch $29.00 $49.00 Increase As needed Tree removals over 36" dbh per dia inch $49.00 $69.00 Increase As needed Stump only removal per inch $12.00 $19.00 Increase Rarely

PLANTING
15 gallon tree per tree $195.00 $175.00 Decrease Increase use 24 inch box tree per tree $375.00 $225.00 Decrease Increase use 36 inch box tree per tree $1,195.00 $400.00 Decrease Not Used 48 inch box tree per tree $2,500.00 $800.00 Decrease Not Used TREE WATER MONITORING per tree $5.00 $20.00 Increase Not Used

CREW RENTAL
3 man crew with equipment per hour $237.00 $300.00 Increase Frequently 2 man crew with equipment per hour $158.00 $200.00 Increase Frequently 1 man crew with equipment per hour $79.00 $100.00 Increase Downtown Watering

EMERGENCY RESPONSE
1 man crew with equipment per hour $119.00 $145.00 Increase As needed 436

TREE INVENTORY AND
SOFTWARE PACKAGE per tree site $3.00 $5.00 Increase Not Used GPS INVENTORY (40,000
trees) total $120,000.00 $100,000.00 Decrease Not Used
TREE INVENTORY UPDATESper tree site $3.00 $5.00 Increase Not Used TREE MASTER PLAN lump sum $40,000.00 $35,000.00 Decrease Not Used

ARBORIST TREE
EVALUATION REPORT per tree site $500.00 $500.00 No Change As needed

MEETING WITH PROJECT
MANAGER per hour $ no charge $ no charge No Change

PREPARING TRAFFIC
CONTROL PLAN per plan $750.00 $600.00 Decrease Not Used EQUIPMENT RENTAL per hour $119.00 $100.00 Decrease Rarely

PALM TREE TRIMMING
(Service Request)
Coco palm, any size per tree $75.00 $50.00 Decrease As needed Washingtonia palm, any size per tree $185.00 $100.00 Decrease As needed Canary Island Date Palm, any
size per tree $385.00 $200.00 Decrease As needed
ROOT PRUNING linear foot $25.00 $20.00 Decrease Not used

ROOT BARRIER
INSTALLATION linear foot $25.00 $20.00 Decrease Not used 437
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0652 Agenda Date: 1/18/2022 Agenda #: 3.

Agenda Item Wording:

Authorization for the City Manager to enter into a contract with Shape, Inc. of Pleasanton, Ca as a sole source vendor to purchase four (4) 25HP, 480volt 3-phase submersible pump and motors for the Airport lift station in the amount of $200,351.40, and appropriate the funds for payment from the Wastewater Treatment Plant fund (431).

Deadline for Action: 1/18/2022
Submitting Department: Public Works
Contact Name and Phone Number:

Wyndi Ferguson, Interim Public Works Director, [email protected], 713-4186 Department Recommendation:

Staff recommends authorizing the City Manager to enter into a contract with Shape, Inc. of Pleasanton, Ca as a sole source vendor to purchase four (4) 25HP, 480volt 3-phase submersible pump and motors for the Airport lift station in the amount of $200,351.40, and appropriate the funds for payment from the Wastewater Treatment Plant Fund (431), Background Discussion:

The Airport lift station pumps approximately 2 million gallons of raw sewage a day utilizing 4 submersible pumps that rotate the lead position to keep each pump from running 24 hours a day. In November 2021, the lift station experienced a main breaker failure that was later determined to be caused by a catastrophic pump failure. When the pumps were pulled for inspection only one had failed, but within a week, two more had failed, leaving one operational pump. Staff has since rented a pump at a monthly cost of $5300, to keep this lift station operational.

The City currently has a contract with Shape, Inc. to purchase Flygt pumps for our lift stations with a not to exceed amount of $200,000 annually. Staff has currently utilized $29,000 of this contract, with an additional $40,000 on order awaiting shipment. Staff has received a quote from Shape Incorporated, the City’s sole source vendor for Flygt pumps, to replace all 4 lift station pumps at a cost of $200,351.40. Based upon the existing contracts process, staff is recommending that the purchase of these pumps be sole sourced to Shape, Inc., outside of their annual contract, to ensure that staff has the ability to continue to utilize the contract for other operational needs.

All of the City’s existing sanitary lift stations and several storm lift stations use Flygt pumps, and Shape is the sole distributer and certified repair center for Flygt pumps in Central California.

Although these pumps can be purchased from other retailers, those retailers would be purchasing them from Shape, and would not be authorized to provide factory authorized service.

Fiscal Impact:

The cost of this purchase is $200,351.40 and funds are available to be appropriated from the City of Visalia Page 1 of 2 Printed on 1/6/2022
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The cost of this purchase is $200,351.40 and funds are available to be appropriated from the Wastewater Treatment Plant Fund (431) fund balance.

Alternatives:

No other option is recommended.

Recommended Motion (and Alternative Motions if expected):

Staff recommends authorizing the City Manager to enter into a contract with Shape, Inc. of Pleasanton, Ca as a sole source vendor to purchase four (4) 25HP, 480volt 3-phase submersible pump and motors for the Airport lift station in the amount of $200,351.40 and appropriate the funds for payment from the Wastewater Treatment Plant Fund (431).

Attachments:

Shape, Inc Contract (C19014)
Shape, Inc Quote (102389FL)
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QUOTATION
SHAPE INC.
___________________________________________
Jerry Eaves
QUOTATION DOES NOT INCLUDE ANY SALES OR USE TAX PAYABLE UNDER ANY STATE OR FEDERAL STATURE. THIS QUOTATION PRICE IS FOR MATERIAL LISTED ABOVE. ANY ADDITIONS OR MODIFICATIONS THAT BECOME NECESSARY FOR APPROVED SUBMITTALS, UPON AWARDING OF THIS CONTRACT, MAY RESULT IN NECESSARY PRICE CHANGES.

NOTE: ITEMS NOT SPECIFIED ON THIS QUOTATION ARE NOT INCLUDED IN OUR PRICE AND ARE TO BE SUPPLIED BY OTHERS. PRICES ARE FOR IMMEDIATE ACCEPTANCE AND SUBJECT TO CHANGE WITHOUT NOTICE. Rev. 01/98 SALE SUBJECT TO MANUFACTURERS STANDARD TERMS AND CONDITIONS.

See attached page for Shape, Inc. terms and conditions

PLEASANTON STOCKTON
119 Val Dervin Parkway #2
Pleasanton, CA 94566 Stockton, CA 95206
Phone (925) 485-9720 Phone (209) 234--5909
Fax (925) 485-6085 Fax (209) 234-5913

City of Visalia
Wastewater Treatment Plant
7579 Ave. 288
Visalia, CA 93277

Page (1) of (2)
DATE: 11/22/2021
QUOTE #: 102389FL
JOB: City of Visalia – Airport Sanitary Sewer Lift
LOCATION: Visalia
ATTN: Rick Paredez - [email protected] PHONE: 559-799-5007 WE ARE PLEASED TO QUOTE ON THE FOLLOWING EQUIPMENT Fax:

SUBJECT TO CONDITIONS PRINTED ON THE BACK HEREOF, F.O.B. FACTORY THESE CONDITIONS MAY BE CHANGED ONLY BY A WRITTEN F.F.A. TO FIRST DESTINATION STATEMENT SIGNED BY AN OFFICER OF SHAPE, INCORPORATED.

QTY ITEM PRICE
New High Flow Rate Flygt pump/motor units will have an estimated pumped Flow of 2800 GPM @ 3000 GPM @ 28.2 – 26.7TDH, with a static lift of 16.2 ft. 4 Flygt Pump 10” NP3171.095-613LT Impeller, 25 HP, FM-Explosion Sub-total Proof Rated, 480 volts 3-phase, 30 FLA, FLS, 50 ft. Power/Sensor Cable, Price “N” Impeller & Cutter Plate will be constructed out of hard iron $179,840.00 Weight: 970 lbs., factory standard painting system Not including sales tax or
4 Lot: Accessories to include 10x10 base discharge elbows, 30’ SS Lifting Chain with shackles. Upper Guide rail brackets.
freight
447

QUOTATION
SHAPE INC.
___________________________________________
Jerry Eaves
QUOTATION DOES NOT INCLUDE ANY SALES OR USE TAX PAYABLE UNDER ANY STATE OR FEDERAL STATURE. THIS QUOTATION PRICE IS FOR MATERIAL LISTED ABOVE. ANY ADDITIONS OR MODIFICATIONS THAT BECOME NECESSARY FOR APPROVED SUBMITTALS, UPON AWARDING OF THIS CONTRACT, MAY RESULT IN NECESSARY PRICE CHANGES.

NOTE: ITEMS NOT SPECIFIED ON THIS QUOTATION ARE NOT INCLUDED IN OUR PRICE AND ARE TO BE SUPPLIED BY OTHERS. PRICES ARE FOR IMMEDIATE ACCEPTANCE AND SUBJECT TO CHANGE WITHOUT NOTICE. Rev. 01/98 SALE SUBJECT TO MANUFACTURERS STANDARD TERMS AND CONDITIONS.

See attached page for Shape, Inc. terms and conditions

City of Visalia – $ 179,840.00 x 8.50% Sales tax = $ 15,286.40 sales tax owed $15,286.40 1 Start-up Service for Four (4) pump/motor units $ 2400.00 $ 2,400.00 Freight FOB Visalia, CA – non-taxable $ 2,825.00

NOTES:

1. Price includes freight: FOB Factory

2. Price does not include taxes

3. Price does not include: installation, equipment unloading, guide bars, pipe, valves, conduit, basin, anchor bolts, control panel, or any other items not listed.

4. ESTIMATED delivery of equipment A) PUMPS 12-16 WEEKS

5. See 2nd page for Shape, Inc. terms and conditions of sale. 448
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0660 Agenda Date: 1/18/2022 Agenda #: 4.

Agenda Item Wording:

Authorization for the City Manager to enter into a sole source contract with Telstar Instruments for upgrades to the Water Reclamation Facility (WRF) and Sewer Collections Supervisory Control and Data Acquisition (SCADA) system in the amount of $243,329.00 and an appropriation from the Wastewater Treatment Plant fund (431).

Deadline for Action: 1/18/2022
Submitting Department: Public Works
Contact Name and Phone Number: Click or tap here to enter text.

Brad Crim, WWTP Superintendent, [email protected], 713-4176 Wyndi Ferguson, Interim Public Works Director, [email protected], 713-4323 Department Recommendation:

Authorize the City Manager to enter into a sole source contract with Telstar Instruments for upgrades to the Water Reclamation Facility (WRF) and Sewer Collections Supervisory Control and Data Acquisition (SCADA) system in the amount of $243,329.00 and appropriate the funds from the Wastewater Treatment Plant fund (431).

Background Discussion:

The SCADA system monitors the operations of the WRF, as well as the collections system lift stations, on a minute-to-minute basis. It is the system that lets staff know when operational equipment has failed. Staff sets the alarm conditions per their expertise and experience, but the SCADA system monitors every aspect of those conditions. If/when a condition occurs that warrants an alarm, the SCADA system will automatically call staff to let them know an alarm exists. Without this system the WRF and Collections operations would need to have staff physically monitoring all parameters for each lift station, pump, tank, or blower on a constant basis in order to operate.

Currently, the WRF and Sewer Collections both have SCADA systems, but they operate using two separate computer systems. Each system is slightly different in what it displays, however, both systems run on the same software. The SCADA system consists of three independent computer programs; Wonderware, InTouch, and Win911.

Wonderware is the “central brain” program. It takes the information coming in from all the instruments and equipment throughout the plant/collection system and compiles it into one centralized source. It runs the equipment in the plant and collection system minute to minute based on parameters determined by Staff.

InTouch is the Human-Machine Interface (HMI) that allows Staff to communicate with Wonderware in a way that allows for a visual representation of equipment and processes within the plant and lift stations. It allows City Staff to input or change parameters within Wonderware and visually see the City of Visalia Page 1 of 3 Printed on 1/14/2022
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File #: 21-0660 Agenda Date: 1/18/2022 Agenda #: 4.
stations. It allows City Staff to input or change parameters within Wonderware and visually see the effect that those changes have made.

Win911 is an auto-dialer program. Wonderware tells Win911 when something has gone wrong in the operational system, then Win911 uses telecommunication to call staff to let them know what is in alarm, whether it be a lift station that no longer has a pump running, or a tank level in the plant is higher than allowed, etc.

The City currently pays for Wonderware and InTouch twice. Once for the collection system, and once for the WRF. These costs encompass 24-hour support, software updates, and licensing fees. The City only pays once per year for Win911’s licensing fee. This is because Win911 no longer supports the older version the City is working with. For reasons unknown to the current staff, a newer version of this software was never installed during the plant expansion, thus the software system is no longer being supported, meaning the SCADA system is even further behind than staff originally suspected.

These two SCADA systems can be combined into one system that would run both the collections system and the WRF, thus lowering the cost for annual support and licensing.

However, because these systems still rely on analog technology, they cannot be upgraded to digital technologies separately. The entire system needs to be rebuilt so that the fiber optic network that was laid down during the plant expansion can be utilized inside the plant as well as provide connectivity in the future throughout the city. This requires building new servers for the programs, entering digital information specific to the plant and collection system, and then switching to the new servers.

The City currently has a contract with Telstar Instruments to perform repairs and maintenance on Collections and WRF instruments and computer programs in the field, with a not to exceed amount of $250,000 annually. The work required to upgrade the SCADA system falls within the scope of their contract, however, staff recommends that this emergency upgrade be sole sourced to Telstar Instruments outside of their annual contract to ensure that staff has the ability to utilize the contract for their daily operational needs.

Fiscal Impact:

The cost of this purchase is $243,329.00 and will need to be appropriated from the Wastewater Treatment Plant Fund (431) fund balance.

Alternatives: Do not proceed, or delay the upgrade. These options will leave the plant vulnerable to the out of date system in place, which may lead to increasing incidents of poor communication or computer server failures. These failures incur overtime from staff, and potentially large fines from State and Federal agencies. A recent example occurred in November 2021 when the pumps at the Airport lift station failed, and due to a communication glitch the SCADA system failed to inform staff.

We had experienced a main breaker fault that was caused by a pump failure. This happened after hours, and due to an observant Maintenance Worker out on an unrelated call, we were able to avoid overflowing raw sewage into a ponding basin that would have resulted in an extremely costly remediation, as well as incurred large fines from the Regional Water Board.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a sole source contract with Telstar Instruments for upgrades to the Water Reclamation Facility (WRF) and Sewer Collections Supervisory Control and Data Acquisition (SCADA) system in the amount of $243,329.00, and appropriate the funds from the City of Visalia Page 2 of 3 Printed on 1/14/2022
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File #: 21-0660 Agenda Date: 1/18/2022 Agenda #: 4.

Wastewater Treatment Plant fund (431).

Attachments:

Telstar Contract (C18069)
Telstar Quote SR20-39076
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Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE 1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028

December 8, 2021
Visalia WWTP
7579 Avenue 288
Visalia, CA 93277
Sent via Email: [email protected]
Attn: Craig Perry
Subject: WWTP SCADA Upgrade
Reference: SR20-39076
Drawings: N/A
Specifications: N/A
Dear Craig,
Telstar Instruments (“Telstar”) is pleased to provide a quote for the referenced project to the above identified purchaser (“Customer”). WWTP SCADA Upgrade.

By accepting this proposal from Telstar you agree to treat this as confidential information.

SCOPE OF SUPPLY / SERVICES

1. Upgrade the existing WWTP-Wonderware System platform application to WW system Platform version 2020 R2. This scope will match the existing programming and functionality.

2. Upgrade the existing Collection System - Wonderware standalone InTouch application to Wonderware system platform. Telstar will upgrade the existing Wonderware program to version 2020 R2. This upgrade included object-based tags configuration and redevelopment of the SCADA screens. This scope will match the existing programming and functionality. a. Note: Due to differences in WWTP SCADA and Collections SCADA platforms, Collections System screens and addressing will be recreated on the System Platform.

3. Computer hardware, VM software/Configuration/Licensing, OS licensing is excluded in this scope (Provided by City IT) Wonderware, Win 911 and any other software licenses are excluded (Provided by City IT under Current Service support contract with the manufacturer)

4. Telstar will coordinate with City IT and provide Virtual Machines requirement /configurations for Wonderware application to use. The City IT will be responsible to provide the systems VM’s for this upgrade.
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Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE

5. Upgrade existing WWTP-Wonderware Historian to Wonderware Historian 2020 R2. This scope will match the existing programming and functionality.

6. Integrate Collections InTouch application tags into the new WWTP Historian. The existing historical data will be accessible only on the old InTouch system. New Collections System data will be accessible in the new Historian.

7. Upgrade existing WWTP legacy Win 911 Dialer Software to current Web interface-based version.

Utilize VOIP or Cellular communication to replace existing analog phone lines. Telstar will provide the Modem. If Cellular is required, the City will need to provide the Sim Card. a. Migrate existing Collections ScadaPhone application into the newly upgraded Win 911 Web interface-based version.

8. Update six (6) Wonderware clients to Wonderware version 2020 R2. Client hardware provided by City IT.

9. Setup and troubleshoot remote access for operators with Visalia IT group. a. Note: Remote access and ethernet alarm communication depends on access provided by the Citys IT.

10. Telstar will demonstrate the functionality of both WWTP and Collections applications with the Operations Team in parallel with the existing system for 7 days. No PLC programming is included nor required at this time.

11. Telstar has considered 16 hours of onsite operation training for Wonderware and win 911 applications.

Lump Sum Price for this Scope...........................................................................................$243,329.00 Shipping and Handling for Telstar Supplied Materials IS INCLUDED Sales Tax IS INCLUDED
This quotation is based on Customer’s representation that this IS NOT a prevailing wage project.

CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. Material price is valid for sixty (60) days from date referenced on this quote (Refer to COVID clause RE: MATERIAL PRICING AND DELIVERY under Terms and Conditions) b. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.
c. Telstar’s quotation includes only those items listed above. Requests for additions/deletions from our scope will require a change in the quoted price. d. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing, or acceptance of any equipment not furnished by Telstar under this proposal. e. Telstar is supplying only equipment specified and noted above. 459
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Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE

f. PLC modifications are excluded in this scope.
g. Reporting software changes are excluded in this scope. h. Please reference the above stated quote number in all correspondence and purchase orders.

TERMS AND CONDITIONS
Base Terms: Quotation is valid for 30 days from the date of Telstar’s quotation. Payment is due and payable 30 days from date of invoice. If payment is not received by the 30th day, a .05% daily service charge (18-3/4% per annum) will be charged on all accounts past due. In the event of a dispute concerning payment, attorney's fees, court costs and costs of collection will be paid to the prevailing party. The cost for permits and bonding are excluded unless expressly referenced in Telstar’s quotation. Our standard insurance applies unless agreed to in writing by Telstar.

Telstar’s standard one year parts only warranty applies to this quotation. All other warranties, express or implied, or referenced elsewhere in contract documents are excluded, including but not limited to implied warranties of merchantability or fitness for purpose. Unless expressly stated in Telstar’s estimate, this quote is based on standard straight time hours and does not include any prevailing wage rates. The price quoted herein is for the labor and materials specifically listed within the body of this quote. Service calls are charged at a 4-hour minimum per person, excluding travel time. Unless expressly stated in the quotation, training, operation and maintenance manuals, and preparation of as built drawings are excluded from Telstar’s scope of work.

Limitation of Liability: (a) In no event shall Telstar, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, delays, and claims of customers of Customer, its officers, directors, members employees or any third parties for any damages. Telstar’s liability for any claim whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case exceed twenty-five percent (25%) of the purchase price allocable to the Equipment, part or Services that is the subject of the claim. (b) All causes of action against Telstar Instruments arising out of or relating to this Agreement or the performance or breach hereof shall are deemed barred unless brought within one year from the date of discovery or other accrual. (c) In no event, regardless of cause, shall Telstar Instruments be liable for liquidated damages, offsets or penalties of any kind or to indemnify, defend or hold harmless Customer, its officers, directors, members, employees or any third party, arising from or related to the Equipment and/or Services provided by Telstar.

Force Majeure: Telstar shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority or of Customer, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Telstar Instruments for such delay.

Cancellation: In the event of cancellation by Customer, Customer agrees to fully reimburse and compensate Telstar for all costs associated with this Quotation or subsequent order, including but not limited to engineering, labor, materials, quote and estimating time, and product return fees, plus a ten percent (10%) markup to compensate for disruption in scheduling, planned production, indirect costs and profit. Payment for cancellation shall be due within ten (10) days from the date of submission of charges by Telstar. 460
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Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE

Entire Agreement: This Quotation constitutes the entire agreement between Telstar and Customer. There are no agreements, understandings, restrictions, warranties, or representations between Telstar and Customer other than those set forth herein or herein provided. This Quotation may only be amended, changed or revised by a written amendment signed by an authorized representative of Telstar. No oral or implied agreements shall be of any force or affect.

Precedence: In the event Telstar is issued an authorization for work, Purchase Order, Contract or similar Agreement with conflicting Terms and Conditions than those set forth herein, these Terms and Conditions will take precedence and will supersede any and all other conflicting Terms and Conditions.

Submittals: In the event Telstar receives a Notice to Proceed or a written statement to proceed with submittals, Telstar will be entitled to compensation based on percent of completion of submittal cost to Customer. Telstar will prepare only one set of submittals, and any resubmittals shall be subject to an additional charge for engineering time and other costs in preparing re-submittals.

Prevailing Wages: Telstar relies upon Customer’s representations as to whether this Project requires payment of prevailing wages. Customer agrees to defend, indemnify and hold Telstar harmless from and against any and all claims, actions and demands, including but not limited to payment of legal fees, fines, back pay, and any penalties or interest, associated with Customer’s inaccurate representation of whether prevailing wages are required to be paid.

TELSTAR’S COVID AND INDUSTRY CLAUSE RE: MATERIAL PRICING AND DELIVERY: Telstar is unable to hold prices on materials for more than 7 days. Prices for plastic, copper, steel, and other commodities fluctuate daily. Our vendors and manufacturers are experiencing unprecedented delays due to COVID-19 staffing, a shortage of containers, port congestion, and raw material shortages that have extended lead times significantly. Telstar reserves the right to amend the delivery date and the price of materials set forth in this quotation. Telstar considers any of the above related changes imposed by our vendors and manufacturers as outside its reasonable control and subject to Force Majeure provisions.

We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.

Sincerely,
Konor Meeks & Suresh Patil
Hanford Branch Manager & Programming Manager
Telstar Instruments
(559) 584-7116
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City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0663 Agenda Date: 1/18/2022 Agenda #: 5.

Agenda Item Wording:

Authorize City Manager to execute Operations and Management Agreement of the Plaza Park Raceway with Morse Racing Promotion LLC for one (1) year.

Deadline for Action: 1/18/2022
Submitting Department: Community Services
Contact Name and Phone Number: Jeremy Rogers, 4042, Devon Jones, 4190 Department Recommendation:

Authorize City Manager to execute Operations and Management Agreement of the Plaza Park Raceway with Morse Racing Promotion LLC for one (1) year.

Background Discussion:

The City and Morse Racing Promotions (MRP) entered into an Operations and Management Agreement effective January 2017 for Plaza Park Raceway. MRP operates, manages, and maintains the Raceway to provide racing events. The Agreement term was for three years with two additional one-year periods. That agreement expired at the end of 2021. Staff is recommending remaining with MRP for one more year as City staff evaluates the facility and options for use of the facility moving forward. The needed site analysis is being proposed as a 2022/23 CIP item.

The proposed contract calls for MRP to pay $975 to the City for each primary racing event, $100 for each practice event, and $500 for all non-racing events. Racing events shall be limited to 28 events per year.

The City of Visalia has been leasing Plaza Park Raceway to an outside vendor for over 18 years to utilize the arena for the purpose of providing vehicular races on the dates and times set annually and at the sole discretion of the City. Racing schedules are to be submitted to the City no later than January 5th of each year and shall be approved by
the Parks and Recreation Commission at a regularly scheduled meeting. Unless prior arrangements have been made with the City, the operator shall have the right to use the arena for racing and related activities only between the hours of 5:30 p.m. and 11:00 p.m. on scheduled race nights. Below is the 2022 schedule that was approved by Parks and Rec Commission on Jan 11, 2022
March 4th May 6th August 26th
March 5th (Sat.) May 13th September 9th
March 18th May 20th September 16th
March 25th June 3rd September 23rd
April 1st June 10th September 24th (Sat.)
April 8th June 24th
th
City of Visalia Page 1 of 2 Printed on 1/14/2022
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File #: 21-0663 Agenda Date: 1/18/2022 Agenda #: 5.

April 15th July 1st
April 22nd August 12th
April 29th August 19th
More race dates can be added with the approval of the Parks and Recreation Commission. The track operator may also schedule practice sessions for individual racers on Wednesdays between the hours of 5:30 p.m. to 8:30 p.m. during the racing season. The operator is expressly prohibited from providing any other service or producing any other event without obtaining the prior written consent of the City at least sixty days in advance of the proposed event.

Fiscal Impact:

Revenue from racing events for 2022 estimated at $22,425, additional revenue may be seen from practice events or the addition of more races or events.

Prior Council Action: 1.19.21 - approved one year contract amendment, 11.7.16 - authorized staff to negotiate a contract for the operation of Plaza Park Raceway Other: N/A
Alternatives: Per Council direction
Recommended Motion (and Alternative Motions if expected):

I move to authorize City Manager to execute Operations and Management Agreement of the Plaza Park Raceway with Morse Racing Promotion LLC for one (1) year.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Draft Operations and Management Agreement
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10 Operations and Management Agreement
Between Plaza Park Raceway, LLC
and the CITY of Visalia
Regarding Plaza Park
Raceway
This AGREEMENT made and effective January 1, 2022, by and between the CITY OF VISALIA, a Municipal Corporation and charter law city of the State of California (hereinafter "CITY"), and Morse Racing Promotions, a Limited Liability Corporation (hereinafter "VENDOR").

RECITALS
WHEREAS, CITY owns the real property and improvements located at 700 S. Plaza Drive, which is known as the Plaza Park Raceway, hereinafter "ARENA"; and WHEREAS, the purpose of this AGREEMENT is to document the terms and conditions under which the management and operations of the ARENA will occur.

NOW, THEREFORE, based upon the terms contained herein, the parties agree as follows:

1. PURPOSE:

Operate, manage, and maintain ARENA and provide staff and programs, therefore.

The ARENA shall be used by the VENDOR for the purpose of providing vehicular races on the dates and times set annually and at the sole discretion of the CITY. Racing events shall be limited to 28 events per year and restricted to Fridays with the exception of up to four (4) Saturday evening races per year and two (2) Sunday evening races per year. Racing schedules must be submitted with an "Annual Operational Report" to the CITY no later than January 5
th of each year and shall be approved by the Parks and
Recreation Commission at their regularly scheduled meeting on the second Tuesday in January. In the event that dates must be cancelled due to natural occurrences or unforeseen circumstances, additional dates may be granted by the Community Services Director. The VENDOR is permitted to schedule practice sessions for individual racers on Wednesdays between the hours of 5:30 p.m. to 8:30 p.m. during the racing season.

A practice session is defined as a non-competitive use with a single vehicle on the track at a time. The VENDOR is expressly prohibited from providing any other service or producing any other event without obtaining the prior written consent of CITY at least sixty days (60) in advance of the proposed event.

2. HOURS OF OPERATION:

Unless prior arrangements have been made with CITY, the VENDOR shall have the right to use said ARENA for vehicular motor racing and related activities only between the hours of 5:30 p.m. and 11:00 p.m. on scheduled race nights. This AGREEMENT does not authorize overnight camping.

3. TERM OF AGREEMENT:

The term of this AGREEMENT shall be one (1) year, commencing on January 1, 2022, and ending on December 31, 2022, unless earlier terminated as provided herein. 464
10 4. AUTHORIZED AGENTS:

The primary contact person on behalf of the CITY shall be the Community Services Director, City of Visalia Community Services Department, 345 N. Jacob Street, Visalia, California, 93291, (559) 713-4042. The primary contact of behalf of the VENDOR shall be Brandon Morse, Morse Racing Promotions, LLC, 939 E. LaSalle Avenue, Visalia, California, 93291, (559) 333-3234.

5. TERMINATION:

CITY shall have the right to terminate this AGREEMENT by giving VENDOR thirty (30) days prior written notice by either personal delivery or first-class mail, postage prepaid, specifying the effective date of termination.

Either party shall have the right to terminate this AGREEMENT based on the other's failure to comply with the terms, covenants and requirements contained herein. Prior to termination, the non-breaching party shall provide written notice to the other identifying the breach and providing for thirty (30) calendar days to cure. If not cured within that timeframe, the AGREEMENT shall be deemed terminated.

6. GROUNDS AND FACILITIES:

CITY hereby permits VENDOR to use the ARENA and grounds surrounding same in partial exchange for the operations contemplated herein and under the terms and conditions specified herein. The CITY, its officers, employees, or agents, shall have the right to enter into and upon the ARENA at all times, with CITY identification, and to protect any and all rights of the CITY. VENDORshall supply CITY with key and alarm code to gain access for repairs and routine maintenance inspections. City shall notice VENDOR twenty-four hours in advance of scheduled inspections or access needed for maintenance purposes, emergency situations requiring immediate access exempted. To generate additional revenue and in furtherance of the purposes stated herein, VENDOR may license the use of space within the facility and receive the revenue therefore subject to CITY approval and subject to each of the terms contained herein. CITY approval shall not be unreasonably withheld. This AGREEMENT does not extend to use of the parking lot, grass areas adjacent to the ARENA or along CITY streets. All operations must be contained within the ARENA fencing.

VENDOR shall conform to all state and/or local laws and ordinances regarding the premises without limitations, including compliance with the local sound ordinance.

VENDOR shall not make any modifications or additions to the seating area of the ARENA without the prior written authorization from CITY. VENDOR acknowledges that they are not allowed to add additional seating areas to the grandstand or around the racetrack, whether by making additional seating areas in the grandstand or creation of platforms.

7. VENDOR’S MAINTENANCE OF ARENA:

VENDOR shall be responsible for all routine maintenance and repairs of the ARENA.

VENDOR shall maintain the ARENA free and clear of all trash, weeds, litter and other debris and shall power wash grandstand seating area at least once per year. VENDOR shall be responsible for the elimination of graffiti placed on any of the ARENA structures within forty-eight (48) hours of notice, including, but not limited to walls and fences. 465
10 VENDOR shall pay all expenses for preparation and maintenance of the ARENA.

VENDOR must erect and/or maintain safeguards along track and grandstand area as deemed necessary by the CITY. VENDOR must replace and repair any damage to property and grounds within forty-eight (48) hours after each use to the satisfaction of the CITY.

All areas (grandstands, parking lots, grass areas) used by VENDOR, VENDOR's participants, or spectators, are to be cleaned no later than twenty-four (24) hours following each event. If areas are not cleaned to CITY standards and expectations, the CITY will clean or contract with an agency to perform clean up and will charge the direct cost plus 25% to the VENDOR.

The VENDOR shall furnish, install, operate and maintain all equipment, fixtures, vehicles and other improvements made to the ARENA in good order, condition and repair. The VENDOR shall also keep all premises, furniture, fixtures and equipment in good order, condition, and repair. When this AGREEMENT is terminated, the VENDOR will vacate the premises leaving them in good order, condition, and repair, free of any hazardous material or waste and in good condition satisfactory to the CITY.

VENDOR has reviewed the earthwork berm that the grandstand is located on with the CITY and acknowledges that if the earthwork erodes further, the CITY may terminate this AGREEMENT with VENDOR immediately without the specified thirty (30) day notice listed in Section 5 of this AGREEMENT or alternatively order VENDOR to cancel all scheduled events until CITY can arrange for repairs of the earthwork. If termination of this AGREEMENT or cancellation of any scheduled events is due to such an issue, then VENDOR agrees that it has no right or claim against CITY for any lost profits, contractual losses, or reimbursement of any expenses if termination or cancellation impacts scheduled events.

VENDOR agrees to inspect the grandstand and earthwork supporting the grandstand prior to any event or practice held at the ARENA. This inspection shall be to confirm whether any structural issues, including but not limited to cracking, holes, or other signs of erosion have appeared in these areas. If VENDOR notices any signs of damage, then VENDOR shall cancel the scheduled event and notify CITY to request additional inspection.

8. CITY’S MAINTENANCE OFARENA:

Major maintenance and repairs to the facility shall be the responsibility of the CITY; this includes water service to the site, electricity to the site and maintenance and repairs to permanent structures and CITY owned improvements. The CITY shall make all necessary major repairs and maintenance to the extent funds are authorized and allocated for specified improvements by the City Council for CITY. Major repairs and maintenance shall be limited to structures, paving, plumbing to the facilities and electrical service up to and including the main panel and overhead arena lighting fixtures. Graffiti in the park or common areas, such as the back of the grandstand concession facility shall be the responsibility of the CITY.

CITY has reviewed the erosion of the earthwork upon which the grandstand is located on with the VENDOR. Presently CITY has concluded that the structure is currently sound but will conduct regular inspections of the grandstand and supporting earthwork during the term of this AGREEMENT. VENDOR shall cooperate with CITY in scheduling these inspections. If the erosion continues to worsen then CITY may be required to terminate this AGREEMENT without notice or 466
10 in the alternative require VENDOR to cancel all events and usage of the ARENA until repairs can be made.

9. OWNERSHIP OF PROPERTY AND EQUIPMENT:

Certain existing property at the ARENA is owned by Morse Racing Promotions, LLC.

This personal property includes the following: track (dirt material that comprises race surface), crash wall/rail and catch fence, scoreboard, ticket booths, storage containers, vehicles and equipment, concession appliances, equipment and inventory and raceway signage. Upon written notice, VENDOR agrees to remove all of their property, supplies, and equipment within thirty (30) days of the conclusion or termination of this AGREEMENT.

10. IMPROVEMENTS:

Throughout the original term of this AGREEMENT and any extension to the AGREEMENT, the CITY agrees that the racetrack is the personal property of the VENDOR. When the AGREEMENT is concluded, the VENDOR shall remove the racetrack at its sole expense. The ARENA must be left clean, flat, and level to its original grade. At the CITY’s option, the VENDOR may leave the track and/or other facilities or items that shall become the sole, unencumbered property of the CITY.

VENDOR shall have the option, at its own expense and upon written approval from CITY, to undertake future improvements and major repairs and maintenance to the arena and its facilities. Any improvements requested by the VENDOR to ARENA must be requested in writing with necessary plans/drawings. Only upon approval by the CITY may the VENDOR alter the ARENA at its own cost. All permanent improvements made to CITY facilities shall revert to the CITY's ownership at the end of the AGREEMENT.

VENDOR shall be responsible for obtaining any required building permits required by the City of Visalia.

VENDOR hereby acknowledges the title of CITY in and to the premises in the AGREEMENT, including legal property improvements erected thereon and hereby covenants and agrees never to assail, contest or resist said title with the exception of said racetrack.

11. NON-EXCLUSIVE RIGHT:

The CITY shall have the right to contract with other individuals for use of the ARENA.

Specifically, CITY shall have the right to contract with an individual or entity, or otherwise authorize special events at the ARENA during the term of this AGREEMENT, so long as those special events are conducted in a manner consistent with the terms and conditions of this AGREEMENT.

VENDOR may grant others the right to promote special events. If this should occur, the VENDOR shall charge others only those fees and charges for rents, services, and deposits as previously approved, in writing, by the CITY. Said fees and charges shall be submitted and approved by the CITY a minimum of sixty (60) days in advance of the event. Secondary users must provide the CITY with insurance certificates meeting the requirements set forth in Section 24 of this Agreement for Commercial General Liability and Property Damage naming the City of Visalia as ''additionally Insured." The City of Visalia shall also require Liquor Liability Insurance if the secondary vendor is proposing to sell alcohol. All secondary vendors must provide a description of proposed activities to the City at least sixty (60) days in advance of the event and shall be responsible for 467
10 meeting any additional insurance requirements requested by the City of Visalia Risk Management Division depending on the specific activities proposed by the secondary vendor.

12. USE BY THECITY:

The CITY reserves the right to use the ARENA for other programs and events but shall not schedule motorized racing events that would compete with VENDOR's operation.

The VENDOR will surrender the premises to the CITY on predetermined dates selected by the CITY giving the VENDOR a minimum of a sixty (60) day notice. At the time that the CITY uses the facility, the VENDOR shall have left the premises free of all litter, trash and other debris and with all of the fixtures and facilities in good order and repair.

A mutually agreed upon utility reimbursement for CITY's use shall be credited to the VENDOR.

13. PAYMENTS TO THE CITY:

The payment to the CITY shall be nine hundred and seventy-five dollars ($975.00) for each primary racing event for the 2022 season. The payment for practice days shall be one hundred dollars ($100) per practice event. Secondary uses of the facility by VENDOR or a third party shall be five hundred dollars ($500) per day. Any cancellations or modifications to the approved schedule must be reported to CITY by the last date of the month to ensure accurate billing. Utility charges shall be invoiced quarterly. All payments are due thirty (30) days from invoice by CITY.

Each payment is due to CITY 30 days from the invoice date. All payments not received by the due date shall be subject to a two percent (2%) late fee penalty of the full amount due.

VENDOR shall pay all expenses associated with operation of premises, including utility fees, all necessary staff, offices, security, personnel, tools, supplies and equipment for the safe and efficient operation of the Raceway program. VENDOR will provide all necessary personnel, equipment, supplies and concession operations to serve the general public as well as participants in the pit area of the facility, ensuring that the areas meet applicable codes and regulations pertaining to their operation.

14. DESTRUCTION OF THEFACILITIES:

If the ARENA shall be wholly destroyed by fire or other casualty, the CITY may elect not to rebuild the same and may terminate this AGREEMENT by delivering written notice of such election to VENDOR within six (6) months of the occurrence of such destruction. The City shall not be responsible for any property owned by the VENDOR.

If any of said ARENA shall be partly or completely destroyed or damaged by fire or other casualty, the CITY shall not be required to repair the same.

15. SURRENDER:

Upon the termination of this AGREEMENT, VENDOR shall surrender possession of the ARENA to the CITY and shall, at the time of surrender, leave the facility in as good order and condition as said facility was at the inception of this AGREEMENT, ordinary wear and tear, and damage by the elements, fire, earthquake, flood, act of God, or public calamity, excepted. Upon written notice, the VENDOR agrees to remove all of their property, supplies and equipment within thirty (30) days of the conclusion or termination of this AGREEMENT.
468
10 16. QUIETENJOYMENT:

VENDOR shall not cause or permit any act or thing to occur on the premises which shall constitute a nuisance, an unlawful act, or a disturbance to the quiet enjoyment of the CITY or any tenant of the CITY on adjacent or neighboring properties. The VENDOR must abate or otherwise said nuisance to be eradicated within SEVENTY-TWO (72) hours from receiving a written notice from the CITY that a nuisance exists.

In the event that the VENDOR has not either (a) taken corrective action within seventytwo (72) hours, or (b) filed an appeal with the CITY within seventy-two (72) hours, the CITY may enter and abate said nuisance to the expense of the VENDOR without any liability whatsoever to the CITY for monetary loss or anticipated profits of the VENDOR or others. Said appeal to the CITY shall be made in writing and be received by the CITY within seventy-two (72) hours after the VENDOR received notice of said nuisance.

17. UTILITIES AND SERVICES:

VENDOR shall be responsible for the payment of utility charges including electrical, telephone and internet service, natural gas, trash collection and alarm system. CITY shall read electrical meters, calculate utility charges and invoice VENDOR for actual use on a quarterly basis. Electricity charges will be paid by VENDOR upon invoice from the CITY.

18. FOOD, BEVERAGE AND MERCHANDISE OPERATION:

VENDOR agrees that they will operate and manage the services and facilities in a reasonable business manner during the entire term of this AGREEMENT. Where such facilities are provided, VENDOR agrees that they will furnish and dispense foods and beverages of the best quality and shall maintain a high standard of service at least equal to or exceeding that of other similar establishments and consistent with prevailing industry standards.

VENDOR must obtain and maintain all necessary permits required for the operation of a concession facility, including Health Department Permits, business license, alcohol beverage control licenses and others as applicable.

VENDOR shall be responsible for any and all controlled substances brought onto the premises by VENDOR or by VENDOR's authorization. VENDOR shall comply with all federal, state and local regulations regarding the use and storage of controlled substances.

CITY reserves the right to prohibit the sale or rental of any item that it deems objectionable or beyond the scope of merchandise deemed necessary for proper services.

19. CODE OF CONDUCT:

VENDOR shall develop rules and regulations for the governing of race events entitled "Code of Conduct," that shall be approved by the CITY and enforced by the VENDOR.

Such rules and regulations were set forth in RFP No. 10-11-43 and incorporated by reference as though fully set forth herein and shall be changed only with the written consent of the CITY.

20. SECURITY AND EMERGENCY PERSONNEL:

VENDOR shall provide a minimum of four (4) security guards for each racing event or 469
10 one security guard for every one hundred and fifty (150) people in attendance, whichever is greater. The CITY has the sole discretion to require the VENDOR to provide more security guards for other types of events.

VENDOR must have appropriate emergency response system for injury and fire including all applicable personnel.

21. INSTALLATION OF SIGNS:

VENDOR may install, operate and maintain non-illuminating advertising signs facing the inside of the premises occupied by the VENDOR, and at such other places(s) in the ARENA area as may be mutually agreed upon by the CITY and the VENDOR. Any sign installed, operated and maintained by the VENDOR will be the VENDOR's total financial responsibility. No signage may be placed in a position so that it faces outside of the ARENA without the written authorization of the CITY. Prior to installation of any signs, the VENDOR shall obtain the written approval of the CITY as to the sign's size, design and location, and the VENDOR shall obtain any and all necessary permits from the Planning Division in compliance with City of Visalia ordinance.

22. NEGATION OF PARTNERSHIP
The CITY shall not become or be deemed to be a partner or joint venture with the VENDOR other than the relationship of a landlord or a tenant. The VENDOR shall not be considered an agent, an officer, or an employee of the CITY.

23. STANDARD OF SERVICE:

The VENDOR shall be responsible for the following standards of service:
a. All employees and other personnel who perform work for the VENDOR shall be neat and clean in appearance and courteous to all persons. The VENDOR shall be neat and clean in appearance and courteous to all persons. The VENDOR shall not permit any of their employees to conduct business in an offensive or objectionable manner.
b. The VENDOR shall be required to follow all reasonable rules and regulations of the CITY concerning the management, operation or use of the ARENA, including, but not limited to, the "Code of Conduct".

24. INSURANCE:
a. Required Policies: VENDOR agrees to immediately secure and maintain during the term of this AGREEMENT, and prior to commencement of any special event or work hereunder, insurance coverage as follows:
i. Worker's Compensation: Worker's Compensation Insurance with statutory limits and Employer's Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per incident. Such insurance shall comply with all applicable state laws.
ii. Commercial General Liability and Property Damage: Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include products/ completed operations liability, owner's and agency's protective, blanket contractual liability, personal injury liability, and broad form property damage coverage.
iii. Commercial Automobile Public Liability and Property Damage:
470
10 Automobile Public Liability and Property Damage Insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence.
iv. Liquor Liability Insurance with a limit of not less than One Million Dollars ($1,000,000) per occurrence.
b. Additional Insured: The General Liability/Property Damage & Automobile Liability/Property Damage policies shall:
i. Name CITY, its appointed and elected officials, officers, employees and agents as additional insureds;
ii. Be primary with respect to any insurance or self-insurance programs maintained by CITY;
iii. Shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of the insurer's liability; iv. Contain standard cross-liability provisions.
c. No Material Change, Termination or Expiration without Notification: Each required policy shall provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to CITY.
d. No Subrogation: Each required policy shall be endorsed to include a waiver of subrogation against the CITY, its officers, officials, agents and employees. e. Duration: This insurance shall be maintained during the Term of this Agreement until the Term expires, if an occurrence policy form is used. If a claims-made policy is used, coverage shall be maintained during the AGREEMENT Term period.

VENDOR shall replace such certificates for policies expiring prior to the expiration of the Term of this AGREEMENT and shall continue to furnish certificates on an annual basis, when utilizing claims-made form(s).
f. Failure to Maintain Insurance: If VENDOR for any reason fails to maintain insurance coverage which is required pursuant to this AGREEMENT; the same shall be deemed a material breach of this AGREEMENT. CITY, at its sole discretion, may terminate this AGREEMENT and obtain damages from VENDOR resulting from said breach. Alternatively, CITY may purchase such required insurance coverage, and without further notice to VENDOR, may deduct from monies agreed to be provided to VENDOR hereunder any premium costs advanced by CITY for such insurance.

25. INDEMNIFICATION:

VENDOR agrees to indemnify and save harmless CITY and its officers, appointed and elected officials, agents, employees and assigns from and against any and all claims, demands, suits, loss, damage, injury and liability, including cost and expenses incurred in connection therewith, resulting from, arising out of, or in any way connected with the performance of this AGREEMENT, including but not limited to delivery and unloading of supplies and equipment and the use of the ARENA by VENDOR or invitees of VENDOR such as spectators and persons participating in events, regardless of the passive, concurrent negligence on the part of the CITY or anyone acting under its direction or control or on its behalf. It is further the intent 471
10 of the parties that this indemnification requirement is not intended to relieve the CITY from liability for the active negligence of the CITY, its officers, appointed and elected officials, agents, and employees. This hold harmless clause is in no way an admission of liability on the part of the CITY, or any of its officers, officials, agents, or employees.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.

26. INDEPENDENT CONTRACTOR:

VENDOR represents it is a limited liability corporation and agrees that all employees, agents, subcontractors, independent contractors hired in furtherance of the programs and activities of VENDOR are hired by VENDOR and not by CITY and are not employees, agents, or subcontractors of CITY.

27. NON-DISCRIMINATION:

VENDOR shall not discriminate in employment practices or provision of services hereunder on the basis of race, color, national origin, ancestry, gender, religion, disability, or political affiliation.

The VENDOR shall furnish its accommodations and/or services on a fair, equal and just basis to all public users without unjust discrimination on the basis of race, creed, color, age, sex and/or national origin and comply with public accommodation and access laws. The VENDOR shall charge fair and reasonable prices for each unit of service. The VENDOR may make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers.

28. RECORDS:

Promptly after executing all documents, including, but not limited to leases, subleases, concessions, occupancy agreements, any amendments or modifications to the amount of payments, the VENDOR shall keep and retain as a record in full, true and exact copy of every document, receipt, and or bill which in any way pertains to or reflects "gross receipts" and "public expenses and charges for and accounting period." On the 15th day of each month during the term of this AGREEMENT, VENDOR shall furnish to CITY a verified statement of its cumulative total gross receipts. VENDOR shall at the same time, also furnish to CITY a year-to-date total of gross total receipts.

The VENDOR shall keep true and accurate records of attendance for each event, including paid and unpaid admissions and race car count by class.

29. NOTICES:

Any notice, demand, or communication required or permitted to be given by the terms of this AGREEMENT, or by any law, may be given by either party by depositing said notice, demand, or communication in the U.S. Mail, postage prepaid, addressed to the other at the party's address or any new address provided by such party in writing to the other. Service of said notice, demand, or communication shall be complete five (5) calendar days after deposit of said notice, demand, or communication in the mail. 472
10 Notices and communication concerning this AGREEMENT shall be sent to the following addresses:

CITY VENDOR
City of Visalia Morse Racing Promotions, LLC
707 W. Acequia 939 E. La Salle Avenue
Visalia, CA 93291 Visalia, CA 93291
Attn: City Clerk Attn: Brandon Morse
Either party may, by notice to the other party, change the address specified above.

Service of notice of change of address shall be complete when received at the designated address.

30. MISCELLANEOUS PROVISIONS:
a. Authority: CITY and VENDOR and its respective signatories represent that the signatory holds the position set forth below their signature and that the signatory is authorized to execute this AGREEMENT and to bind said party hereto.
b. Assignment: Neither this AGREEMENT nor any of the rights hereunder may be assigned without prior written consent of CITY.
c. Interpretation/Headings: The headings/captions are for convenience and reference only and are not intended to define or limit the scope of any provision and shall have no effect on the AGREEMENT's interpretation. When required by the context of this AGREEMENT, the singular shall include the plural.
d. Integration/Amendment: This AGREEMENT represents the complete and entire understanding between the parties as to those matters contained herein.

This AGREEMENT may only be modified or amended in writing and signed by both parties.
e. Severability: If any term, condition, covenant, provision or part thereof of this AGREEMENT is, or is declared, invalid, void or unenforceable for any reason, the remainder of the AGREEMENT shall continue in full force and effect. f. Governing Law: The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT and any legal actions arising out of the terms of this AGREEMENT shall be brought in Tulare County.
g. Attorney’s Fees/Costs: In the event of legal action arising from this AGREEMENT, the non-prevailing party agrees to pay the prevailing party reasonable attorney's fees and costs.
h. Contract Enforcement: The City Manager of CITY shall be responsible for the enforcement of this AGREEMENT on behalf of CITY and shall be assisted therein by those officers and employees of City having duties in connection with the administration thereof.
i. Cumulative Rights and Remedies: Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies.
473
10 31. Airport contract language:
a. REGULATIONS - VENDOR shall not conduct, or allow to be conducted upon the Demised Premises, any dangerous or hazardous activities, or any activities considered to be a nuisance to the airport or its tenants and neighbors, and VENDOR agrees to abide by all applicable F.A.A. and U.S. Government rules and regulations, including, but not limited to the following:
i. The VENDOR for himself/herself, their heirs, personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the Demised Premises described herein for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the VENDOR shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation and as said Regulations may be amended.
ii. The VENDOR for himself/herself, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that:

A. No person on the grounds of race, color, sex, age, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities; and
B. That in the construction of any improvements on, over or under such land and the furnishing or services thereon, no person on the grounds of race, color, sex, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; and
C. That the VENDOR shall use the Demised Premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation and as said Regulations may be amended.
iii. It is understood and agreed that nothing contained herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958.
iv. VENDOR agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service, provided, that VENDOR may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. v. The CITY reserves the right (but shall not be obligated to VENDOR to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the VENDOR in this regard.
vi. The CITY reserves the right to further develop or improve the landing area and all publicly owned air navigation facilities of the airport as it sees fit, 474
10 regardless of the desires or views of the VENDOR, and without interference or hindrance.
vii. The CITY reserves the right to take any action it considers necessary to protect aerial approaches of the airport against obstructions, together with the right to prevent VENDOR from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the CITY would limit the usefulness of the airport or constitute a hazard to aircraft.
viii. During the time of war or national emergency the CITY shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this Lease, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended.
ix. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport.
x. There is hereby reserved to the CITY, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for passage of aircraft in the airspace above the surface of the Demised Premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport.
xi. The Lease shall become subordinate to provisions of any existing or future agreement between the CITY and the United States of America, or any agency thereof relative to the operation, development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport.
b. CURRENT AND FUTURE AIRPORT REGULATIONS -This Lease and all rights conferred thereby shall at all times be subject to current and future regulations governing any and all activities at the Visalia Municipal Airport to the same extent that such current and future regulations govern the activities of all persons using the facilities of the Visalia Municipal Airport and occupying structures thereon.
475
10 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the date first written above.

CITY OF VISALIA MORSE RACING PROMOTIONS, LLC
By:____________________________ _________________________________ Leslie Caviglia, City Manager Brandon Morse, Owner

CONTRACT MANAGER
By:_________________________________________
Jeremy Rogers, Community Services Director

ATTEST APPROVED AS TO FORM
_______________________________ _________________________________ City Clerk Attorney for City
476
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0672 Agenda Date: 1/18/2022 Agenda #: 6.

Agenda Item Wording:

Annual fee waiver request from Visalia Gadabouts to utilize the Visalia Senior Center for the purpose of providing programs and services for senior citizens.

Deadline for Action: 1/31/2022
Submitting Department: Community Services
Contact Name and Phone Number: Laurissa Roggenkamp 713-43365 Department Recommendation:

It is recommended that City Council waive the rental fee, $1,881 annual value, but assess the direct staffing cost, $717.31 annual value. The Parks and Recreation Commission recommended that the City Council waive the annual facility rental fee and not assess a fee for direct staffing cost.

Background Discussion:

In 2006 City staff worked with the Senior Advisory Committee to develop a process for designating free or reduced fees at the Visalia Senior Center. Whereas there were once several organizations requesting fee waivers for use of the Senior Center, this number has decreased over the years, some programs have become City operated programs and other organizations have found alternate locations.

Following the established process, organizations requesting to utilize the Senior Center and receive a fee waiver and/or reduced fee must annually submit a Facility Use Application for the upcoming calendar year. Their application must include information about the organization/agency, non-profit status, and financial records for the past two years. For 2022, one application was received requesting a fee waiver.

In the past, the Senior Advisory Committee aided in the review process of the applications. However, the Senior Advisory Committee has not met since January 2020. The COVID-19 pandemic that temporarily closed the facility prohibited members of organizations and participants of the various City sponsored programs and clubs from meeting at the Senior Center. As staff rebuilds programs and clubs and organizations begin to use the facility, the Senior Advisory Committee positions will be filled by appropriate applicants.

The 2022 application was reviewed by City staff to ensure that the established criteria for consideration for a fee waiver and/or reduced fee were met. The criteria are as follows:

Programming & fees to participants:
· Programs/services meets the needs and interests of Visalia Seniors. · Programs/services are affordable and within the economic means of Visalia Seniors.

Organization Finances:
· How does the applicant use the fees paid by participants? City of Visalia Page 1 of 3 Printed on 1/14/2022
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o Is the applicant a commercial business profiting from their use of the facility? § If an organization is profiting from its use of this City facility, it is recommended that the organization pay full facility rental fees.

Appropriate use of facility space:
· Organizations request for time, room, set-up, etc. is suitable o A small group of people using too large of a space and too much time is not suitable.

Impact on City:
· The City should not incur expenses specifically for the function of the applicant’s use of the facility.
o Facility use outside of normal operating hours requires that the City must pay for staffing to open, close, set-up, attend, etc.; this creates a City subsidy.

Through the review process staff have determined that the 2022 applicant, Visalia Gadabouts, meet the criteria. They offer a program of interest to Seniors, their finances show that they do not benefit financially, they are a designated non-profit 501(c)(3), their requested use of facility space and time are appropriate for the programming. The Visalia Gadabouts is a travel club for seniors, they meet one Saturday per month to provide trip information, they do not collect meeting fees from attendees of the monthly meeting (donations are accepted), they do collect fees to pay for the trips, however they are not profiting from these fees, and their services are affordable to seniors.

However, the Visalia Gadabouts requested facility use is outside of regular operational hours, so the City will need to schedule and pay for a staff member specifically for their use. The projected cost to the City for 2022 staffing is $717.31; $65.21/month. This estimate includes hourly wages, worker’s comp, FICA, and deferred comp. Staff will arrive 30 minutes prior to the reservation to set-up as well as remain 30 minutes after the reservation to clean and breakdown; for a total of 4 hours per rental date ($15.55/hour).

While staff appreciates that the Gadabouts provide good and affordable activities, staff also believes it is appropriate to continue past practice and charge for actual costs, in this case the staffing costs both because of the actual cost, and the precedent that would be set by changing this practice.

Alternatives to paying this fee, or options for reducing the fee, would be to have a shorter meeting time than the 4 hours per day, and/or to meet during regular business hours, which would eliminate the need to schedule staff. The group has been meeting and renting space at the Lampliter during the time the Senior Center has been closed.

It should also be noted that the Main Room at the Senior Center is a popular rental option for baby showers, small receptions, etc. The Gadabouts are an appropriate use for the facility, but it does eliminate one Saturday a month for use by the general public.

Fiscal Impact:

The Visalia Gadabouts have requested the use of the Senior Center Main room on the first Saturday of each month beginning February 2022 thru December 2022 from 9 a.m. - 12 p.m. The cost for a non-profit to reserve the Senior Center Main Room is $57 per hour. The requested fee waiver for 2022 rental is $1,881.00.

Prior Council Action: Council has approved fee waiver for Visalia Gadabouts for the past thirteen years. January 6, 2020 Council approved a rental fee waiver for Visalia Gadabouts, and assessed City of Visalia Page 2 of 3 Printed on 1/14/2022
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File #: 21-0672 Agenda Date: 1/18/2022 Agenda #: 6.
that direct staffing cost be paid.

Other: Parks and Recreation Commission met on December 14th at a regular meeting to review the request from the Visalia Gadabouts. Staff recommended that the rental fee, $1,881.00 be waived, and that the Gadabouts pay for the direct staffing cost, $65.21/month ($717.31 annually). The Parks and Recreation Commission motioned to recommend that City Council approve a full facility waiver, $1,881.00 and not assess a fee for direct staffing.

Alternatives: 1. Adopt the recommendation from the Parks and Recreation Commission with the following motion: I move to accept the recommendation of the Parks and Recreation Commission to waive the proposed 2022 facility rental fees and staff fees for Visalia Gadabouts for their use of the Visalia Senior Center to provide programs and services for Seniors.

2. Deny applicants request for fee waiver. Applicant would pay full facility rental rate.

Recommended Motion (and Alternative Motions if expected):

I move to accept the recommendation of City Staff to waive the 2022 facility rental fees, but to assess the direct staffing cost for Visalia Gadabouts for their use of the Visalia Senior Center to provide programs and services for Seniors.

Environmental Assessment Status: n/a
CEQA Review: n/a
Attachments: Fee Waiver Request and Facility Request Application from Visalia Gadabouts. Cost breakdown for Fee Waiver and Direct Staffing Costs
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Daily Annually
Visalia Gadabouts 9 a.m. - 12 p.m. Saturday 11 3 33 Main Room $57 $1,881.00 *Gadabouts are 501©(3) Non-profits; receive reduce price per FY 21/22 Rates & Fees $1,881.00 Work Comp FICA Defer Comp
Daily Annually 5.24% 1.45% 2.00%
Visalia Gadabouts 8:30 a.m.- 12:30 p.m. Saturday 11 4 44 $15.00 $660.00 $34.58 $9.57 $13.16 $717.31 Direct Cost $717.31
2022 Direct Labor Cost to the City for Fee Waiver Programs Organization Day of Week Total Wages Staffing Hours Sub Total Wages
Staffing Times # of Days Staff Wage
2022 Facility Cost to the City for Fee Waiver Programs
Total Facility Cost
Room
Room Cost per
Hour
Total Rental
Cost
Total # of Rental Hours
Organization Rental Duration Day of Week # of Days
480
481
482
483
484
485
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0673 Agenda Date: 1/18/2022 Agenda #: 7.

Agenda Item Wording:

Authorize the City Manager to award a contract for RFB 21-22-07 Annual contract supply & delivery of mulch for a not to exceed the annual amount of $275,100.00 to Sierra Materials and Trucking Company of Merced, CA.

Deadline for Action: None.

Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Casey Chu, Assistant Engineer, [email protected], 713-4491 Diego Corvera, Civil Engineer, [email protected], 713-4209 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to award a contract for a not to exceed annual amount of $275,100.00 (up to $1.375 million over 5 years) to Sierra Materials and Trucking Company, for the supply and delivery of mulch.

Summary:

The City of Visalia has developed a Capital Improvement Program to provide improvements and to maintain the City’s infrastructure. There are multiple landscaping projects, as part of the City’s Capital Improvement Program, to beautify and enhance the aesthetics of the City’s infrastructure and facilities. This annual contract will provide the mulch required for those landscaping projects by supplying and delivering mulch as necessary to the various project jobsites. This contract includes an option of four (4), single-year contract extensions for a possible term of five (5) years.

Bidding Process:

A formal City bid process was conducted and on November 30, 2021, City staff opened two (2) bids that was submitted for the project. Per the construction bid documents, the apparent low bid was established by the lowest total of the bid. The results are summarized below and are listed in order from lowest to highest bid.

No. Contractor Location Total Bid

1. Sierra Materials and Trucking Company Merced, CA $275,100.00

2. West Coast Sand & Gravel, Inc Buena Park, CA N/A
West Coast Sand & Gravel, Inc submitted an incomplete bid and was deemed unresponsive. Since West Coast Sand & Gravel, Inc did not submit a bid on the supplied form as required under Item 23 of the General Conditions of RFB 21-22-07 and did not provide a quote using the same unit of quantity as was in the bid schedule, their bid was dismissed.

Engineering staff has reached out to both the City’s Urban Forestry division and to Urban Tree Foundation, a City of Visalia Page 1 of 3 Printed on 1/14/2022
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File #: 21-0673 Agenda Date: 1/18/2022 Agenda #: 7.

Engineering staff has reached out to both the City’s Urban Forestry division and to Urban Tree Foundation, a landscape architect firm which the City works with often, to confirm the competitiveness of the bid prices received. Both stated that the bid prices received are typical of the current conditions of the mulch market.

Staff contacted Sierra Materials and Trucking Company’s references which included the Federal Aviation Administration and Merced County. References provided positive feedback regarding their experiences working with Sierra Materials and Trucking Company.

Sierra Materials and Trucking Company submitted the lowest responsive bid and it is Staff’s recommendation they be awarded the contract.

Background Discussion:

For typical Capital Improvement Projects that involve landscaping, the project incorporates a mulch bid item into the project specifications and contract; the work associated with this mulch line item is then completed by a private contractor following the competitive bidding process.

For this annual contract, the supply and delivery of mulch are for Capital Improvement Projects funded by state or federal grants which include Irrigation and Landscaping work. These landscaping projects are grant funded and generally require the involvement of local community conservation corps as part of the grant requirements. The local community conservation corps would perform the landscape construction work in lieu of a private contractor.

Recent projects have contracted Community Services Employment Training (CSET), a non-profit organization providing training to at risk youth, to perform the landscaping work to fulfill grant requirements. Such work includes the St John’s River Riparian Corridor Restoration Westside and St John’s Eastside Renewal landscaping projects.

By creating this annual contract for the supply and delivery of mulch, the City can save costs and optimize the landscaping process by not needing to request three (3) quotes for each project. Upcoming projects that will make use of this annual contract will be for the landscape component of the Eastside Regional Park’s Basin G, Basin F, and Basin D recharge projects as well as the Peoples, Goshen, and Oaks Basins Flood Control project.

The previous Annual Contract Supply & Delivery of Mulch expired in 2019.

Fiscal Impact:

The initial contract term shall be for a one-year period. The work will be performed on an as needed basis and not to exceed $275,100 for the contract term. At the City’s option and with the consent of the contractor, the contract can be extended annually for four consecutive one-year periods. The prices bid by the vendor may be adjusted annually at time of contract renewal and upon mutual agreement of any increases or decreases.

The payment for the supply and delivery of mulch will be paid from the project funds requiring mulch. Projects anticipated to make use of this mulch contract include Basin G (CP0185), Basin F (CP0371), and Basin D (Upcoming CIP) of the Eastside Regional Park; the People’s Basin, Goshen Basin, and Oaks Basin Flood Control Projects (CP8334); and the St John’s Eastside Renewal Project (CP8131).

Prior Council Action:

None.

Alternatives:

Do not award the contract and staff will continue to request for three (3) quotes of mulch as needed for City of Visalia Page 2 of 3 Printed on 1/14/2022
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File #: 21-0673 Agenda Date: 1/18/2022 Agenda #: 7.
individual landscaping projects.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute a contract for RFB 21-22-07 for a not to exceed amount of $275,100.00 annually fora contracted supply & delivery of mulch to Sierra Materials and Trucking Company.

Attachments:
1) Contractor Disclosure Form
2) Bid Summary
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489
City of Visalia - Engineering Division
Supply & Delivery of Mulch
RFB No. 21-22-07 - Bid Summary
.

No. Items Estimated Annual Qty Unit Unit Cost Total
1 Supply & Delivery of "Walk on Bark" Mulch 5,000 CY $31.86 $159,300.00 2 Supply & Delivery of "Orchard Mulch" grade Mulch 5,000 CY $23.16 $115,800.00 Total Bid Result $275,100.00
Base Bid Sierra Materials and Trucking Company, Inc
Merced, CA
490
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0676 Agenda Date: 1/18/2022 Agenda #: 8.

Agenda Item Wording:

Authorize the City Manager to award the construction contract for FY 18-19 SB1 Street Rehabilitation - Walnut & Murray (RFB 21-22-11), to Don Berry Construction, Inc. of Kingsburg, CA in the amount of $2,668,774.30 (CIP 3010-72000/CP0289-999 & 2370-72000/CP0402-999 ).

Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Chantha Chap, Civil Engineer, [email protected], 713-4418 Casey Chu, Assistant Engineer, [email protected], 713-4491 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to award the construction contract for FY 18-19 SB1 Street Rehabilitation - Walnut & Murray (RFB 21-22-11), to Don Berry Construction, Inc. in the amount of $2,668,774.30.

Summary:

The FY 18-19 SB1 Street Rehab Project consists of two separate projects bundled together to obtain cost savings via economies of scale.

Those projects are as follows:

Project 1 (SB1 - CP0289): This project consists of paving Walnut Avenue from Central to Court (1.12 mi) and Murray Ave from Dudley to Encina (0.62 mi). The rehabilitation work on Walnut Avenue includes removing isolated areas of pavement failures, also known as digouts, edge grinding of existing asphalt, and overlaying with asphalt and a paving mat. The rehabilitation work on Murray Avenue consists of grinding off the existing asphalt, proof rolling the aggregate base, and overlaying with asphalt to include a paving mat. The paving mat is made of recycled materials and is designed to maximize the life of the new pavement section. Additionally, the project will upgrade some of the existing curb ramps to meet current Americans with Disabilities Act (ADA) requirements on both street segments.

Project 2 (Gas Tax - CP0402): This project, the Paradise Street Project, will resolve the subsidence in front of the residence on 3427 E Paradise Avenue. Preliminary subsurface exploration has revealed debris and uncompacted fill underneath the roadway at this location resulting in the settling of the area. The work to be performed includes excavation and disposal of the poor quality soil, compaction of new engineered fill, concrete improvements such as curb & gutter, sidewalk, and City of Visalia Page 1 of 4 Printed on 1/14/2022
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compaction of new engineered fill, concrete improvements such as curb & gutter, sidewalk, and driveway, and repaving the disturbed work area.

Bidding Process:

A formal City bid process was conducted and on December 2, 2021, City staff opened eight (8) bids that were submitted for the project. Per the construction contract documents, the apparent low bid was established by the lowest total of the Base Bid plus Alternate Bid 1 plus Alternate Bid 2. The results are summarized below, listed in order from lowest to highest bid.

No. Contractor Location Base Bid + Alt Bid 1 + Alt Bid 2

1. Don Berry Construction Kingsburg, CA $2,668,774.30

2. AJ Excavation Fresno, CA $2,999,730.00

3. Avison Construction Madera, CA $3,011,417.00

4. Agee Construction Clovis, CA $3,069,655.00

5. Emmetts Excavation Clovis, CA $3,179,070.00

6. Teichert Construction Fowler, CA $3,421,458.00

7. Cal Valley Construction Fresno, CA $3,521,027.00

8. Granite Construction Fresno, CA $3,576,513.35
Don Berry Construction submitted the lowest responsive Bid, and it is staff’s recommendation they be awarded the contract. Staff reached out to the County of Madera, where Don Berry Construction is currently working on the County’s Pavement Rehab Project, and the County of Madera’s project manager indicated that Don Berry was easy to work with, had good communication to both staff and residents, minimal change orders, and performed quality work. Additionally, our City Inspectors also noted that Don Berry Construction is a reputable contractor that performs quality work.

Background Discussion:

The City of Visalia currently maintains a street network of approximately 507 centerline miles of roadway and nearly 100 million square feet of pavement. In an effort to appropriately direct maintenance activities and optimize the use of the limited maintenance funds available, Staff incorporated a Pavement Management Program (PMP) eight years ago, following the lead of other similarly sized California municipalities.

The projects that were constructed in the last eight years and those being awarded now will increase the City’s overall pavement condition index (PCI). PCI is a numerical index between 0 to 100, with 0 indicating very poor pavement condition and 100 to indicate excellent pavement condition. Higher PCI values represent better roads. Roads with higher PCI have little to no visual stresses in the pavement such as cracks, rutting, or pot holes, and are generally smoother to drive on resulting in less wear and tear on vehicles. Furthermore, higher PCI values, and thus better road conditions, make the road safer for the traveling public.

Fiscal Impact:

These projects are funded using SB1- Road Maintenance (Fund 113), Measure N (Fund 141), and Gas Tax (Fund 111) funds. Below is a summary of the estimated construction cost for both projects.

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File #: 21-0676 Agenda Date: 1/18/2022 Agenda #: 8.

Budget Summary: FY 18-19 SB1 Street Rehab - Walnut & Murray, CP0289 Current Project Budget (SB1, Measure N, Gas Tax) $2,708,000.00 SB1 Road Maintenance $1,958,000.00
Measure N $705,000.00
Gas Tax $45,000.00
Estimated Project Costs:

Construction Cost $2,545,729.30
Construction Contingency $50,000.00
Construction Surveying $7,000.00
Construction Inspection $35,000.00
Construction Management $30,000.00
Geotechnical Testing $35,000.00
Total Project Costs $2,702,729.30
Budget Summary: Paradise Street Project, CP0402
Current Project Budget (Gas Tax) $185,000.00
Estimated Project Costs:

Construction Cost $123,045.00
Construction Contingency $12,300.00
Construction Inspection $6,200.00
Construction Management $6,200.00
Geotechnical Testing $4,000.00
Total Project Costs $151,745.00
Since the current CIP project funds exceeds the project’s estimated costs no additional appropriations are needed at this time.

Prior Council Action:

None
Alternatives:

None Recommended
Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute an agreement for RFB 21-22-11 in the amount of $2,668,774.30 for the FY 18-19 SB1 Street Rehabilitation - Walnut & Murray to Don Berry Construction, Inc.

CEQA Review:

None
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File #: 21-0676 Agenda Date: 1/18/2022 Agenda #: 8.

Attachments:
1) Rehab Location Map
2) Paradise Street Location Map
3) Contractor Disclosure Form
4) Bid Summary
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Hwy 198
W Main St
S
Gidd ni gs St
W Noble Ave
W Myrtle Ave
W Murray Ave
W Center Ave
W Kaweah Ave
W Mineral King Ave
S Divisadero St
W Tulare Ave
S
Garden St
W Vassar Ave
W Paradise Ave
S Br di ge St
S Locust St
W Howard Ave
S
Court St
S
Conyer St
S Central St
W Laurel Ave
S
Sowell St
S Watson St
N
Willis St
N
Court St
W Beverly Dr
N Floral St
S Encina St
N
Hall St
N Bridge St
N Locust St
W Acequia Ave
N Encina St
N
Church St
N
Garden St
W School Ave
W Feemster Ave
N
West St
N Park St
W Iris Ave
W Burrel Ave
W Meadow Ave
Alley
S
Oak Park St
W College Ave
S
Grant St
N Fai wr ay St
S Bardo St
E Main St
W Harter Ave
W Cambridge Ave
S
Willis St
S
West St
S Jacob St
W Club Dr
S Fairway St
N
Giddings St
E Noble Ave
N
Midland St
W Goshen Ave
E Tulare Ave
E Center Ave
S
Dol nl er St
E Laurel Ave
E Walnut Ave
E Acequia Ave
S
Church St
E Sequoia Ave
W Laura Ave
E Paradise Ave
S
Stevenson St
S Elm
St
N
Todd St
W Princeton Ave
W Linden Ave
E Mineral King Ave
S Bonnie St
E Laura Ave
W Olive Ave
E Myrtle Ave
S
Conyer Ct
W Manor Dr
W Harvard Ave
N
Turner St
W Oak Ave
N
Dudley St
N
Divisadero St
N Jacob St
S
Martin St
S
Hall St
S Johnson St
W Princeton Ct
Willow Plaza
S Edwards Ct
S Johnson Ct
W Willow Ave
W Howard Ct
E Cypress Ave
W Feemster Ct
S Central St
W Iris Ave
Al el y
S
Conyer St
Alley
W Iris Ave
Alley
Alley
Alley
Alley
W Princeton Ave
Alley
S
Locust St
W Myrtle Ave
S Johnson St
Alley
W Howard Ave
W Cambridge Ave
W Harter Ave
S
Martin St
W Tulare Ave
S
Willis St
W Paradise Ave
W Laurel Ave
N
Giddings St
Alley
Alley
Alley
S
West St
S Encina St
S
Watson St
Alley
S
Dollner St
Alley
Alley
S
Stevenson St
S
Conyer St
W Feemster Ave
Alley
Alley
S
Church St
Alley
Alley
S
Court St
EVANS

MILL CREEK
CP0289 - FY 18-19 SB1 Street Rehab - Walnut & Murray
Project Location Map
0 650 1,300 1,950 2,600 325
Feet ¯ Project Limits 495
8 12
E Paradise Ave
CP0402 - Paradise Street Project
Project Location Map
3427 E. Paradise Ave.

Project Location
Storm Drain Sanitary Sewer
50 25 0 50 Feet
¯
496
497
City of Visalia - Engineering Division
FY 18-19 SB1 STREET REHABILITATION - WALNUT & MURRAY
RFB No. 21-22-11 - Bid Summary
CIP No. 2390-72000/CP0289-999
No. Items Qty Unit Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total 1 Mobilization/Demobilization, including final site clean-up 1 LS $50,000.00 $50,000.00 $85,000.00 $85,000.00 $50,000.00 $50,000.00 $60,000.00 $60,000.00 $35,000.00 $35,000.00 $96,500.00 $96,500.00 $96,000.00 $96,000.00 $100,000.00 $100,000.00 2 Water Pollution Prevention 1 LS $3,300.00 $3,300.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 $2,500.00 $2,500.00 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $1,500.00 $1,500.00 $4,000.00 $4,000.00 3 Clearing and Grubbing 1 LS $11,000.00 $11,000.00 $115,000.00 $115,000.00 $20,000.00 $20,000.00 $109,000.90 $109,000.90 $7,500.00 $7,500.00 $30,000.00 $30,000.00 $100,000.00 $100,000.00 $315,000.00 $315,000.00 4 Public Outreach 1 LS $800.00 $800.00 $550.00 $550.00 $1,000.00 $1,000.00 $100.00 $100.00 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 5 Traffic Control 1 LS $93,000.00 $93,000.00 $106,000.00 $106,000.00 $45,000.00 $45,000.00 $184,500.00 $184,500.00 $90,000.00 $90,000.00 $150,000.00 $150,000.00 $304,000.00 $304,000.00 $230,000.00 $230,000.00 6 Construction Notification Signs 2 EA $600.00 $1,200.00 $1,700.00 $3,400.00 $350.00 $700.00 $350.00 $700.00 $1,000.00 $2,000.00 $325.00 $650.00 $325.00 $650.00 $2,500.00 $5,000.00 7 Remove Concrete Ramp and Adjoining Sidewalk, Curb and Gutter (6,500 SF) 1 LS $20,000.00 $20,000.00 $44,100.00 $44,100.00 $46,500.00 $46,500.00 $26,000.00 $26,000.00 $60,000.00 $60,000.00 $40,000.00 $40,000.00 $32,000.00 $32,000.00 $50,000.00 $50,000.00 8 Lower Existing SS Manhole Below Milling Depth 2 EA $1,550.00 $3,100.00 $450.00 $900.00 $500.00 $1,000.00 $385.00 $770.00 $500.00 $1,000.00 $600.00 $1,200.00 $1,500.00 $3,000.00 $700.00 $1,400.00 9 Lower Existing SD Manhole Below Milling Depth 13 EA $1,550.00 $20,150.00 $450.00 $5,850.00 $500.00 $6,500.00 $385.00 $5,005.00 $500.00 $6,500.00 $600.00 $7,800.00 $1,600.00 $20,800.00 $700.00 $9,100.00 10 Modify Existing Drain Inlet 5 EA $1,600.00 $8,000.00 $5,600.00 $28,000.00 $4,500.00 $22,500.00 $4,100.00 $20,500.00 $4,700.00 $23,500.00 $2,500.00 $12,500.00 $3,800.00 $19,000.00 $4,000.00 $20,000.00 11 Single Modified ADA Ramp with Detectable Surface 15 EA $6,600.00 $99,000.00 $5,900.00 $88,500.00 $8,000.00 $120,000.00 $8,000.00 $120,000.00 $8,200.00 $123,000.00 $8,500.00 $127,500.00 $4,300.00 $64,500.00 $8,400.00 $126,000.00 12 Double Modified ADA Ramp with Detectable Surface 4 EA $8,800.00 $35,200.00 $9,400.00 $37,600.00 $10,000.00 $40,000.00 $10,500.00 $42,000.00 $11,700.00 $46,800.00 $12,000.00 $48,000.00 $6,400.00 $25,600.00 $10,700.00 $42,800.00 13 Landscape Construction Modification 1 LS $8,300.00 $8,300.00 $6,500.00 $6,500.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $35,000.00 $35,000.00 $20,000.00 $20,000.00 $11,300.00 $11,300.00 14 Remove/Dispose of Existing Pavement and Base Rock (Digout) 30,000 SF $1.00 $30,000.00 $1.00 $30,000.00 $1.60 $48,000.00 $0.80 $24,000.00 $2.30 $69,000.00 $2.00 $60,000.00 $1.00 $30,000.00 $2.00 $60,000.00 15 Replace Digout Section (6" AC Plug) 30,000 SF $3.90 $117,000.00 $4.00 $120,000.00 $4.50 $135,000.00 $4.75 $142,500.00 $5.00 $150,000.00 $5.50 $165,000.00 $5.00 $150,000.00 $6.00 $180,000.00 16 Cold Mill and Remove Asphalt Concrete 150,800 SF $0.26 $39,208.00 $0.25 $37,700.00 $0.50 $75,400.00 $0.20 $30,160.00 $0.20 $30,160.00 $0.25 $37,700.00 $0.22 $33,176.00 $0.25 $37,700.00 17 Paving Mat 378,825 SF $0.28 $106,071.00 $0.30 $113,647.50 $0.40 $151,530.00 $0.40 $151,530.00 $0.40 $151,530.00 $0.36 $136,377.00 $0.28 $106,071.00 $0.35 $132,588.75 18 Warm Mix Asphalt (Type B, 3/4 ") for 3" Overlay 7,580 TON $78.50 $595,030.00 $86.00 $651,880.00 $92.00 $697,360.00 $86.00 $651,880.00 $98.00 $742,840.00 $95.00 $720,100.00 $98.00 $742,840.00 $77.00 $583,660.00 19 Video Detection Systems 1 LS $210,000.00 $210,000.00 $220,000.00 $220,000.00 $200,000.00 $200,000.00 $226,000.00 $226,000.00 $208,000.00 $208,000.00 $205,000.00 $205,000.00 $200,000.00 $200,000.00 $270,000.00 $270,000.00 20 Traffic Signal Box Replacement or Relocation (If Required) 6 EA $7,500.00 $45,000.00 $7,000.00 $42,000.00 $7,000.00 $42,000.00 $7,800.00 $46,800.00 $6,800.00 $40,800.00 $7,500.00 $45,000.00 $6,500.00 $39,000.00 $3,000.00 $18,000.00 21 Survey Monuments 14 EA $600.00 $8,400.00 $650.00 $9,100.00 $700.00 $9,800.00 $800.00 $11,200.00 $500.00 $7,000.00 $1,250.00 $17,500.00 $750.00 $10,500.00 $1,600.00 $22,400.00 22 Adjust SS Manhole Covers and Boxes to Finish Grade 22 EA $1,200.00 $26,400.00 $700.00 $15,400.00 $1,500.00 $33,000.00 $850.00 $18,700.00 $700.00 $15,400.00 $850.00 $18,700.00 $1,500.00 $33,000.00 $1,400.00 $30,800.00 23 Adjust SD Manhole Covers and Boxes to Finish Grade 21 EA $1,200.00 $25,200.00 $700.00 $14,700.00 $1,500.00 $31,500.00 $850.00 $17,850.00 $700.00 $14,700.00 $850.00 $17,850.00 $1,500.00 $31,500.00 $1,400.00 $29,400.00 24 Striping and Pavement Markings 1 LS $20,000.00 $20,000.00 $18,400.00 $18,400.00 $19,000.00 $19,000.00 $33,000.00 $33,000.00 $20,000.00 $20,000.00 $22,000.00 $22,000.00 $29,050.00 $29,050.00 $23,300.00 $23,300.00 25 Raised Pavement Markers 1 LS $3,000.00 $3,000.00 $2,900.00 $2,900.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $4,000.00 $4,000.00 $4,200.00 $4,200.00 $4,200.00 $4,200.00 $1,578,359.00 $1,799,627.50 $1,809,790.00 $1,939,695.90 $1,863,730.00 $2,006,877.00 $2,098,887.00 $2,307,648.75 No. Items Qty Unit Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total 1 Mobilization/Demobilization, including final site clean-up 1 LS $37,000.00 $37,000.00 $12,500.00 $12,500.00 $15,000.00 $15,000.00 $40,000.00 $40,000.00 $25,000.00 $25,000.00 $30,000.80 $30,000.80 $28,000.00 $28,000.00 $5,000.00 $5,000.00 2 Water Pollution Prevention 1 LS $2,500.00 $2,500.00 $2,000.00 $2,000.00 $500.00 $500.00 $440.00 $440.00 $3,500.00 $3,500.00 $1,650.00 $1,650.00 $500.00 $500.00 $650.00 $650.00 3 Clearing and Grubbing 1 LS $500.00 $500.00 $12,400.00 $12,400.00 $10,000.00 $10,000.00 $100.00 $100.00 $2,500.00 $2,500.00 $14,000.00 $14,000.00 $22,000.00 $22,000.00 $3,500.00 $3,500.00 4 Public Outreach 1 LS $800.00 $800.00 $550.00 $550.00 $500.00 $500.00 $50.00 $50.00 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $500.00 $500.00 $500.00 $500.00 5 Traffic Control 1 LS $20,000.00 $20,000.00 $28,000.00 $28,000.00 $15,000.00 $15,000.00 $40,000.00 $40,000.00 $65,000.00 $65,000.00 $65,000.00 $65,000.00 $200,000.00 $200,000.00 $60,000.00 $60,000.00 6 Construction Notification Signs 2 EA $600.00 $1,200.00 $1,500.00 $3,000.00 $350.00 $700.00 $350.00 $700.00 $1,000.00 $2,000.00 $325.00 $650.00 $325.00 $650.00 $2,500.00 $5,000.00 7 Remove Concrete Ramp and Adjoining Sidewalk, Curb and Gutter (7,760 SF) 1 LS $16,000.00 $16,000.00 $32,500.00 $32,500.00 $40,000.00 $40,000.00 $21,000.00 $21,000.00 $60,000.00 $60,000.00 $40,000.00 $40,000.00 $25,000.00 $25,000.00 $40,000.00 $40,000.00 8 Lower Existing SS Manhole Below Milling Depth 14 EA $700.00 $9,800.00 $450.00 $6,300.00 $500.00 $7,000.00 $350.00 $4,900.00 $500.00 $7,000.00 $500.00 $7,000.00 $1,500.00 $21,000.00 $500.00 $7,000.00 9 Lower Existing SD Manhole Below Milling Depth 3 EA $700.00 $2,100.00 $450.00 $1,350.00 $500.00 $1,500.00 $350.00 $1,050.00 $500.00 $1,500.00 $500.00 $1,500.00 $1,600.00 $4,800.00 $500.00 $1,500.00 10 Modify Existing Drain Inlet 4 EA $1,600.00 $6,400.00 $5,100.00 $20,400.00 $4,000.00 $16,000.00 $4,300.00 $17,200.00 $4,700.00 $18,800.00 $2,500.00 $10,000.00 $3,800.00 $15,200.00 $2,500.00 $10,000.00 11 Single Pedestrian Push Button with Post 4 EA $12,200.00 $48,800.00 $4,200.00 $16,800.00 $11,500.00 $46,000.00 $8,600.00 $34,400.00 $11,500.00 $46,000.00 $12,000.00 $48,000.00 $11,000.00 $44,000.00 $3,000.00 $12,000.00 12 Single Modified ADA Ramp with Detectable Surface 23 EA $6,000.00 $138,000.00 $5,900.00 $135,700.00 $6,000.00 $138,000.00 $6,400.00 $147,200.00 $8,200.00 $188,600.00 $7,750.00 $178,250.00 $4,400.00 $101,200.00 $7,000.00 $161,000.00 13 Landscape Construction Modification 1 LS $8,200.00 $8,200.00 $6,100.00 $6,100.00 $10,000.00 $10,000.00 $3,200.00 $3,200.00 $12,000.00 $12,000.00 $10,000.00 $10,000.00 $22,000.00 $22,000.00 $10,000.00 $10,000.00 14 Remove Complete AC Pavement to Sub-base 149,360 SF $0.33 $49,288.80 $0.45 $67,212.00 $0.40 $59,744.00 $0.30 $44,808.00 $0.50 $74,680.00 $0.38 $56,756.80 $0.30 $44,808.00 $0.30 $44,808.00 15 Proof Roll AB 149,360 SF $0.02 $2,987.20 $0.20 $29,872.00 $0.10 $14,936.00 $0.01 $1,493.60 $0.10 $14,936.00 $0.12 $17,923.20 $0.15 $22,404.00 $0.06 $8,961.60 16 Additional Class 2 AB (If Required, 5% assumed) 520 TON $70.00 $36,400.00 $51.00 $26,520.00 $25.00 $13,000.00 $46.00 $23,920.00 $91.00 $47,320.00 $42.00 $21,840.00 $30.00 $15,600.00 $38.00 $19,760.00 17 Paving Mat 149,360 SF $0.33 $49,288.80 $0.35 $52,276.00 $0.40 $59,744.00 $0.35 $52,276.00 $0.40 $59,744.00 $0.37 $55,263.20 $0.30 $44,808.00 $0.35 $52,276.00 18 Warm Mix Asphalt (Type B, 3/4 ") for 4" Overlay 3,985 TON $86.30 $343,905.50 $86.00 $342,710.00 $90.00 $358,650.00 $87.00 $346,695.00 $107.00 $426,395.00 $93.00 $370,605.00 $106.00 $422,410.00 $83.00 $330,755.00 19 Video Detection Systems 1 LS $140,000.00 $140,000.00 $132,000.00 $132,000.00 $135,000.00 $135,000.00 $151,000.00 $151,000.00 $137,000.00 $137,000.00 $134,000.00 $134,000.00 $132,000.00 $132,000.00 $180,000.00 $180,000.00 20 Traffic Signal Box Replacement or Relocation (If Required) 2 EA $7,500.00 $15,000.00 $7,000.00 $14,000.00 $7,000.00 $14,000.00 $7,800.00 $15,600.00 $6,800.00 $13,600.00 $6,800.00 $13,600.00 $6,500.00 $13,000.00 $3,000.00 $6,000.00 21 Survey Monuments 6 EA $650.00 $3,900.00 $600.00 $3,600.00 $700.00 $4,200.00 $675.00 $4,050.00 $500.00 $3,000.00 $260.00 $1,560.00 $750.00 $4,500.00 $1,400.00 $8,400.00 22 Adjust SS Manhole Covers and Boxes to Finish Grade 14 EA $1,400.00 $19,600.00 $700.00 $9,800.00 $1,500.00 $21,000.00 $700.00 $9,800.00 $700.00 $9,800.00 $1,000.00 $14,000.00 $1,500.00 $21,000.00 $1,100.00 $15,400.00 23 Adjust SD Manhole Covers and Boxes to Finish Grade 3 EA $1,400.00 $4,200.00 $700.00 $2,100.00 $1,500.00 $4,500.00 $700.00 $2,100.00 $700.00 $2,100.00 $1,100.00 $3,300.00 $1,500.00 $4,500.00 $1,100.00 $3,300.00 24 Striping and Pavement Markings 1 LS $9,800.00 $9,800.00 $10,100.00 $10,100.00 $9,500.00 $9,500.00 $10,100.00 $10,100.00 $10,000.00 $10,000.00 $14,000.00 $14,000.00 $9,950.00 $9,950.00 $10,000.00 $10,000.00 25 Raised Pavement Markers 1 LS $1,700.00 $1,700.00 $1,600.00 $1,600.00 $1,600.00 $1,600.00 $1,450.00 $1,450.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $1,400.00 $1,400.00 $1,400.00 $1,400.00 $967,370.30 $969,390.00 $996,074.00 $973,532.60 $1,234,475.00 $1,112,399.00 $1,221,230.00 $997,210.60 No. Items Qty Unit Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total 1 Mobilization/Demobilization, including final site clean-up 1 LS $6,000.00 $6,000.00 $3,000.50 $3,000.50 $3,000.00 $3,000.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00 $14,000.00 $14,000.00 $16,000.00 $16,000.00 $3,000.00 $3,000.00 2 Traffic Control 1 LS $15,000.00 $15,000.00 $12,500.00 $12,500.00 $500.00 $500.00 $4,600.00 $4,600.00 $8,500.00 $8,500.00 $10,000.00 $10,000.00 $25,000.00 $25,000.00 $23,000.00 $23,000.00 3 Worker Protection 1 LS $5,500.00 $5,500.00 $1,100.00 $1,100.00 $25,000.00 $25,000.00 $13,500.00 $13,500.00 $1,000.00 $1,000.00 $125,000.00 $125,000.00 $22,000.00 $22,000.00 $40,000.00 $40,000.00 4 Demolition (Pavement, Concrete, & Landscape Strip) 1 LS $5,000.00 $5,000.00 $8,500.00 $8,500.00 $15,000.00 $15,000.00 $6,000.00 $6,000.00 $7,500.00 $7,500.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 5 Roadway Excavation 1 LS $40,000.00 $40,000.00 $84,500.00 $84,500.00 $75,000.00 $75,000.00 $66,000.00 $66,000.00 $12,000.00 $12,000.00 $55,000.00 $55,000.00 $40,000.00 $40,000.00 $78,000.00 $78,000.00 6 Earthwork - Engineered Fill 717 CY $38.00 $27,246.00 $140.00 $100,380.00 $97.00 $69,549.00 $64.00 $45,888.00 $50.00 $35,850.00 $90.00 $64,530.00 $110.00 $78,870.00 $150.00 $107,550.00 7 Concrete Curb & Gutter (City Std. C-4) 30 LF $135.00 $4,050.00 $83.00 $2,490.00 $62.00 $1,860.00 $64.00 $1,920.00 $45.00 $1,350.00 $65.00 $1,950.00 $40.00 $1,200.00 $68.00 $2,040.00 8 Sidewalk (City Std. C-9) 174 SF $15.00 $2,610.00 $14.00 $2,436.00 $9.00 $1,566.00 $11.50 $2,001.00 $8.00 $1,392.00 $15.00 $2,610.00 $7.00 $1,218.00 $12.00 $2,088.00 9 Drive Approach (City Sd. C-22) 237 SF $27.00 $6,399.00 $23.00 $5,451.00 $14.00 $3,318.00 $13.50 $3,199.50 $17.00 $4,029.00 $16.00 $3,792.00 $12.00 $2,844.00 $20.00 $4,740.00 10 3" Warm Mix Asphalt (Type B, 3/4") 19 TON $500.00 $9,500.00 $400.00 $7,600.00 $345.00 $6,555.00 $260.00 $4,940.00 $160.00 $3,040.00 $500.00 $9,500.00 $150.00 $2,850.00 $200.00 $3,800.00 11 7" Aggregate Base (Class 2) 29 TON $60.00 $1,740.00 $95.00 $2,755.00 $145.00 $4,205.00 $82.00 $2,378.00 $76.00 $2,204.00 $200.00 $5,800.00 $32.00 $928.00 $84.00 $2,436.00 $123,045.00 $230,712.50 $205,553.00 $156,426.50 $80,865.00 $302,182.00 $200,910.00 $271,654.00 $2,668,774.30 $2,999,730.00 $3,011,417.00 $3,069,655.00 $3,179,070.00 $3,421,458.00 $3,521,027.00 $3,576,513.35 Base Bid: Walnut Avenue from Central to Court Don Berry Construction Kingsburg, CA
AJ Excavation
Fresno, CA
Granite Construction
Fresno, CA
Cal Valley Construction
Fresno, CA
Alternate Bid 1: Murray Avenue from Dudley to Encina Don Berry Construction Kingsburg, CA
AJ Excavation
Fresno, CA
Avison Construction
Madera, CA
Agee Construction
Clovis, CA
Emmetts Excavation
Clovis, CA
Teichert Construction
Fowler, CA
Avison Construction
Madera, CA
Agee Construction
Clovis, CA
Emmetts Excavation
Clovis, CA
Teichert Construction
Fowler, CA
Alternate Bid 2: Paradise Sinkhole Project Total
Bid Total (Base Bid + Alt Bid 1 + Alt Bid 2)
Base Bid: Walnut Avenue from Central to Court Total
Granite Construction
Fresno, CA
Alternate Bid 1: Murray Avenue from Dudley to Encina Total Alternate Bid 2: Paradise Sinkhole Project Don Berry Construction Kingsburg, CA
AJ Excavation
Fresno, CA
Avison Construction
Madera, CA
Agee Construction
Clovis, CA
Emmetts Excavation
Clovis, CA
Teichert Construction
Fowler, CA
Cal Valley Construction
Fresno, CA
Cal Valley Construction
Fresno, CA
Granite Construction
Fresno, CA
498
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0681 Agenda Date: 1/18/2022 Agenda #: 9.

Agenda Item Wording:

Authorize the annexation and amendment of Landscape and Lighting Assessment District (L&LD) No. 20-04, “Walnut Park Estates”; and ordering the improvements and levying the annual assessments for Landscape and Lighting Assessment District (L&LD) No. 20-04 “Walnut Park Estates”, a subdivision located on the north and south sides of West Hillsdale Avenue between North Marcin and North Preston Streets (Resolution Nos. 2022-01, 2022-02 required).

Deadline for Action: 1/18/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Ather Razaq, Associate Engineer, [email protected] <mailto:[email protected]>, (559) 713-4268
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:

Staff recommends that City Council adopt Resolution No. 2022-01 initiating the proceeding for amendment and annexation of Landscape and Lighting Assessment District No. 20-04; “Walnut Park Estates” and adopt Resolution No. 2022-02 ordering the improvements and levying the annual assessment for Landscape and Lighting Assessment District No. 20-04, “Walnut Park Estates”.

Summary:

The final map for Walnut Park Estates created 33 total lots (32 single-family dwelling lots and one remainder lot). Landscape and Lighting Assessment District (L&LD) No. 20-04 was formed levying the annual assessment on 33 lots. The City Council authorized the formation of L&LD No. 20-04 on October 19, 2020.

The four new lots (i.e., Lots 2, 3, 4, and 5 of the Hillsdale Southland subdivision) that are being annexed into L&LD No. 20-04, were created with the approval of the Hillsdale Southland Tentative Subdivision Map No. 5574, approved by the Planning Commission on May 26, 2020. The Hillsdale Southland subdivision modified the Walnut Park Estates subdivision by extending Burrel Court further to the east. The extension of Burrel Court facilitated local street connectivity to Lots 1 through 5 of the Hillsdale Southland Final Map. A copy of the Hillsdale Southland Final Map is included as Attachment 4 to this staff report. Please note, Lot 1 of the Hillsdale Southland Final Map was already included in L&LD No. 20-04 because this lot was originally created with the approval of the Walnut Park Estates subdivision (see Attachment No. 3 Walnut Park Estates Final Map).

Landscape and Lighting Assessment District No. 20-04 needs to be amended as a result of the addition of these four new lots. The following changes related to the assessment and annexation of City of Visalia Page 1 of 5 Printed on 1/14/2022
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File #: 21-0681 Agenda Date: 1/18/2022 Agenda #: 9.
existing improvements within Landscape and Lighting Assessment District No. 20-04 are required:
· Annexation of 0.90 acres into Landscape and Lighting District No. 20-04 consisting of four lots for single-family homes.
· Three landscape trees in the landscape setback along Hillsdale Avenue. · Two street trees on Burrel Court.
· One streetlight on Burrel Court.
· 207 linear feet of block wall along Hillsdale Avenue. · 6,100 square feet of pavement area (Burrel Court).
· 3,891 square feet of landscape area to be maintained. · Removal of 21,540 square feet of asphalt pavement (i.e., Hillsdale Avenue). (Attachment 5 provides an illustration and break down of the items noted above.) Removal of Asphalt Pavement (Hillsdale Avenue)
Currently L&LD No. 20-04 also includes the maintenance of asphalt pavement on Hillsdale Avenue within the district boundary. Hillsdale Avenue is classified as a “Collector” road per the City’s Circulation Element and should not have been included in L&LD No. 20-04 to be maintained by the district. Only “Local” streets are included in the landscape and lighting assessment districts and therefore, staff has identified the need to remove 24,540 square feet of asphalt pavement (i.e., Hillsdale Avenue) from L&LD No. 20-04. The removal of the “Collector” status roadway from the district is consistent with the adjacent L&LD’s to the east and west of the Walnut Park subdivision, and per the City’s policy for only including local roads within the landscape and lighting assessment districts. Please note, Measure N and additional funds will be used to maintain Hillsdale Avenue pavement.

The Landscape & Lighting Assessment District No. 20-04 was reviewed and approved as to form by the Landscape & Lighting District Committee on September 30, 2020. Lots 2 through 5 of the Hillsdale Southland subdivision map are ready to be annexed into L&LD No. 20-04. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO requires that landscaping and irrigation plans be certified by a qualified entity (i.e., Landscape Architect) as meeting the State and City’s water conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plant and tree species, and by limiting the portion of landscapes that can be covered in turf.

Background Discussion:

The City of Visalia has been allowing the developers of subdivisions to form assessment districts under the Landscape and Lighting Act of 1972, and now under Proposition 218, in lieu of using a City of Visalia Page 2 of 5 Printed on 1/14/2022
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under the Landscape and Lighting Act of 1972, and now under Proposition 218, in lieu of using a homeowner’s associations for the maintenance of common features such as landscaping, irrigation systems, streetlights, street trees, and local streets. The maintenance of these improvements is a special benefit to the development and enhances the land values to the individual property owners in the district.

The City of Visalia would need permission from the individual owners in the existing district if the annexation of the new phase would cause the per lot assessment in the Engineer’s Report to increase, which is not occurring at this time. A total of 33 lots have been incorporated into the L&LD No. 20-04 district to date. This annexation would increase the total by four additional lots bringing the total number of lots for L&LD No. 20-04 to 37 lots.

The Landscape and Lighting Act allows for the use of summary proceedings when all the affected property owners have given their written consent to waive the requirement for a public hearing. The notice period is also waived. The owner of this development has given their written consent to waive the public hearing and annex to this district, (see Attachment No. 6 Application for L&LD Annexation Waiver of Hearing). The use of summary proceedings allows for the initiation of proceedings and the final annexation action of the assessment district to be acted upon together as separate resolutions.

The removal of pavement maintenance for Hillsdale Avenue is considered to be a substantial change to the existing improvements in the district. The Landscape and Lighting Act requires that when substantial changes are made to the improvements within a district a notice of hearing shall be given.

Since the per lot assessment will decrease in the district, a notice of hearing was published in local newspapers to comply with the Landscape and Lighting Act of 1972 (section 22626).

Please note, the Hillsdale Southland Subdivision is located on the east side of the Walnut Park Estates subdivision. Landscape and Lighting Assessment District No. 21-03 was formed for the Hillsdale Southland subdivision levying the annual assessment to 41 of the 46 lots for this subdivision (i.e., lots 6 through 46 of the Hillsdale Southland Map, see Attachment 4).

Fiscal Impact:

The four additional lots will be contributing to L&LD No. 20-04, created for maintenance of common features related to the Walnut Park Estates subdivision. The estimated costs to maintain the district includes the costs to maintain any landscaping, street trees, landscape trees, streetlights, block walls, and pavement on local streets. However, in no case shall the assessment be greater than: 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.

The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits as noted above.

Committee/Commission Review and Action:
· On August 12, 2019, the Planning Commission approved the Walnut Park Estates Tentative Subdivision Map No. 5572.
· On May 26, 2020, the Planning Commission approved the Hillsdale Southland Tentative Subdivision Map No. 5574.

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Prior Council Action:
· On April 19, 2021, the City Council authorized the recordation of the final map and formation of Landscape and Lighting Assessment District No. 21-03, “Hillsdale Southland”. · On October 19, 2020, the City Council authorized the formation of Landscape and Lighting Assessment District No. 20-04, “Walnut Park Estates”.
· On July 20, 2020, the City Council authorized the recordation of the final map for Walnut Park Estates.
· On June 10, 1987, Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions.

Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):

I move to authorize the adoption of Resolution No. 22-01 initiating proceeding for the annexation and amendment of Landscape and Lighting Assessment District No. 20-04 “Walnut Park Estates”; and adopt Resolution No. 22-02 ordering the improvements and levying the annual assessment for Assessment District No. 20-04 “Walnut Park Estates”.

CEQA Review: Negative Declaration No. 2019-53, adopted August 12, 2019.

Attachments:

1. Resolution for Landscape & Lighting District
a. Initiating Proceeding for Annexation and Amendment, Clerk’s Certification, Resolution Ordering the Improvements,
b. Exhibit “A” - Assessment District
c. Exhibit “B” - Landscape Location Diagram
d. Exhibit “C” - Engineer’s Report

2. Location Map

3. Walnut Park Final Map

4. Hillsdale Southland Final Map

5. Amendment to L&LD No. 20-04

6. Application of L&LD annexation (Waiver of Hearing)
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RESOLUTION NO. 2022-01

RESOLUTION FOR AMENDMENT AND ANNEXATION
TO ASSESSMENT DISTRICT NO. 20-04
Walnut Park Estates
(Pursuant to Landscape and Lighting Act of 1972)
WHEREAS, a public hearing has been scheduled for January 18th, 2022, at 7:00 p.m. in the Visalia City Council Chambers, located at 707 West Acequia Avenue to discuss an amendment of the improvements being maintained in Landscape and Lighting District No. 20-04 and to annex additional land into Landscape and Lighting District No. 20-04; and WHEREAS, a copy of this resolution, which is intended for adoption by the Visalia City Council was published pursuant to the Streets and Highways Code at least ten days prior to the scheduled hearing date pursuant to Streets and Highways Code section 22552-22553; and WHEREAS, an engineer’s report reviewing the modifications and annexations of Landscape and Lighting District No. 20-04 has been prepared and it determined that the changes will decrease the assessment; and
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. It is the intent of the Visalia City to levy and collect assessments within Landscape and Lighting District No. 20-04.

2. District No. 20-04 is located north and south of Hillsdale Avenue between Marcin Street and Preston Street.

3. The amendment will remove 21,540 square foot of pavement maintenance area from the district.

4. In addition to the improvement modifications, the City Council is approving the annexation, pursuant to the Landscaping & Lighting Act of 1972, (Section 22500 and following, Streets & Highways Code) of additional territory into Landscape and Lighting District No. 20-04, this additional territory consists of a portion of the Hillsdale Southland subdivision.

5. The annexation adds 0.90 acres into Landscape and Lighting District No. 20-04, consisting of four single-family lots, two street trees, three landscape trees, 3,891 square feet of landscape area, one streetlight, 207 linear feet of block wall, 6,100 square feet of local street pavement area, and other applicable equipment and improvements to be maintained as referenced in the engineer’s report.

6. The City Engineer has updated the engineer’s report for Landscape and Lighting District No. 20-04, a copy is on file with the City Clerk, and it shows a full and detailed description of the improvements with the modifications described above, the boundaries of the assessment district as modified by the annexation, and the proposed assessments upon the assessable lots and parcels of land within the district. With these modifications and changes the per lot assessment decreases from $818.78 per lot to $727.60 per lot. 504

7. The amended district shall continue with the designation “Assessment District No. 20-04, City of Visalia, Tulare County, California” and shall include the land shown on the map designated “Assessment Diagram, Assessment District No. 20-04, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “Walnut Park Estates.”

8. The owner of the annexed territory, “Presidio JJR Tiffany Ranch 78, LLC, A Delaware Limited liability Company” has filed a written request for the annexation of this property and therefore mailed notice of hearing to the annexed property was dispensed with pursuant to the Streets and Highways Code.

PASSED AND ADOPTED: LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-01 passed and adopted by the Council of the City of Visalia at a regular meeting held on January 18, 2022.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
505
CLERK’S CERTIFICATION TO COUNTY AUDITOR
ASSESSMENT DISTRICT NO. 20-04
Walnut Park Estates
(Pursuant to Landscaping & Lighting Act of 1972)
TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:

I hereby certify that the attached document is a true copy of that certain Engineer’s Report, including assessments and assessment diagram, for “Assessment District No. 20-04, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on January 18, 2022 by its Resolution No. 2022-01.

This document is certified, and is filed with you, pursuant to Section 22641 of the Streets and Highways Code.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
506
RESOLUTION NO. 2022-02

RESOLUTION ORDERING THE IMPROVEMENTS FOR
ASSESSMENT DISTRICT NO. 20-04
Walnut Park Estates
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council adopted its Resolution for Amendment and Annexation to Assessment District No. 20-04, City of Visalia, Tulare County, California, and directed the filing of the Engineer’s Report on the proposed annexation and amendment.

2. The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.

3. The owners of all land within the boundaries of the proposed landscape and lighting district have filed their consent to the formation of the proposed district, and to the adoption of the Engineer’s Report and the levy of the assessments stated therein.

4. The City Council hereby orders the improvements and the formation of the assessment district described in the Resolution Initiating Proceedings and in the Engineer’s Report.

5. The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2021-22.

6. The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:
a. Clerk’s Certification to County Auditor
b. Resolution Initiating Proceedings
c. Resolution Ordering Improvements
d. Engineer’s Report:

Exhibit A - Assessment Diagram showing all parcels of real property within the Assessment District
Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report
PASSED AND ADOPTED: January 18, 2022 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-02 passed and adopted by the Council of the City of Visalia at a regular meeting held on January 18, 2022.
507
Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
508
Exhibit “A”
Assessment Diagram
Landscape & Lighting Assessment District No. 20-04
Walnut Park Estates Ranch
509
Exhibit “B”
Landscape Location Diagram
Landscape & Lighting Assessment District No. 20-04
Walnut Park Estates Ranch
510
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 20-04
Walnut Park Estates Ranch
Fiscal Year 2021-22
APN # Assessment Owner Lot # District
085-580-048 $727.60 Walnut Park Estates 20-04001 20-04 Walnut Park Estates 085-580-049 $727.60 Walnut Park Estates 20-04002 20-04 Walnut Park Estates 085-580-050 $727.60 Walnut Park Estates 20-04003 20-04 Walnut Park Estates 085-580-051 $727.60 Walnut Park Estates 20-04004 20-04 Walnut Park Estates 085-580-052 $727.60 Walnut Park Estates 20-04005 20-04 Walnut Park Estates 085-580-053 $727.60 Walnut Park Estates 20-04006 20-04 Walnut Park Estates 085-580-054 $727.60 Walnut Park Estates 20-04007 20-04 Walnut Park Estates 085-580-055 $727.60 Walnut Park Estates 20-04008 20-04 Walnut Park Estates 085-580-056 $727.60 Walnut Park Estates 20-04009 20-04 Walnut Park Estates 085-580-057 $727.60 Walnut Park Estates 20-04010 20-04 Walnut Park Estates 085-580-058 $727.60 Walnut Park Estates 20-04011 20-04 Walnut Park Estates 085-580-059 $727.60 Walnut Park Estates 20-04012 20-04 Walnut Park Estates 085-580-060 $727.60 Walnut Park Estates 20-04013 20-04 Walnut Park Estates 085-580-061 $727.60 Walnut Park Estates 20-04014 20-04 Walnut Park Estates 085-580-062 $727.60 Walnut Park Estates 20-04015 20-04 Walnut Park Estates 085-580-063 $727.60 Walnut Park Estates 20-04016 20-04 Walnut Park Estates 085-580-064 $727.60 Walnut Park Estates 20-04017 20-04 Walnut Park Estates 085-580-065 $727.60 Walnut Park Estates 20-04018 20-04 Walnut Park Estates 085-580-065 $727.60 Walnut Park Estates 20-04019 20-04 Walnut Park Estates 085-580-067 $727.60 Walnut Park Estates 20-04020 20-04 Walnut Park Estates 085-580-068 $727.60 Walnut Park Estates 20-04021 20-04 Walnut Park Estates 085-580-069 $727.60 Walnut Park Estates 20-04022 20-04 Walnut Park Estates 085-580-070 $727.60 Walnut Park Estates 20-04023 20-04 Walnut Park Estates 085-580-071 $727.60 Walnut Park Estates 20-04024 20-04 Walnut Park Estates 085-580-072 $727.60 Walnut Park Estates 20-04025 20-04 Walnut Park Estates 085-660-001 $727.60 Walnut Park Estates 20-04026 20-04 Walnut Park Estates 085-660-002 $727.60 Walnut Park Estates 20-04027 20-04 Walnut Park Estates 085-660-003 $727.60 Walnut Park Estates 20-04028 20-04 Walnut Park Estates 085-660-004 $727.60 Walnut Park Estates 20-04029 20-04 Walnut Park Estates 085-660-005 $727.60 Walnut Park Estates 20-04030 20-04 Walnut Park Estates 085-660-006 $727.60 Walnut Park Estates 20-04031 20-04 Walnut Park Estates 085-660-007 $727.60 Walnut Park Estates 20-04032 20-04 Walnut Park Estates 085-660-010 $727.60 Walnut Park Estates 20-04033 20-04 Walnut Park Estates 085-660-011 $727.60 Walnut Park Estates 20-04034 20-04 Walnut Park Estates 085-660-012 $727.60 Walnut Park Estates 20-04035 20-04 Walnut Park Estates 085-660-013 $727.60 Walnut Park Estates 20-04036 20-04 Walnut Park Estates 085-660-014 $727.60 Walnut Park Estates 20-04037 20-04 Walnut Park Estates 511 Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 20-04
Walnut Park Estates Ranch
Fiscal Year 2021-22
General Description
This Assessment District (20-04, Walnut Park Estates) is located on the Hillsdale Avenue and Preston Street. Exhibit “A” is a map of Assessment District 20-04. This District includes maintenance of shrub area, irrigation systems, street trees, landscape trees, block walls, streetlights, pavement on local streets, and any other applicable equipment or improvements. The maintenance of irrigation systems and block wall includes, but is not limited to, maintaining the structural and operational integrity of these features and repairing and acts of vandalism (graffiti, theft or damage) that may occur. This District includes the preventative maintenance of all internal local City streets by means including, but not limited to, overlays, cape seals, crack seals, and reclamite (oiling).

Determination of Benefit
The purpose of landscaping is to provide an aesthetic impression for the area. The lighting is to provide safety and visual impressions for the area. The block wall provides security, aesthetics, and sound suppression. The maintenance of any landscape areas, streetlights, streets, and block walls is vital for the protection of both economic and humanistic values of the development. In order to preserve the values incorporated within developments and to concurrently have an adequate funding source for the maintenance of all internal local streets within the subdivision, the City Council has determined that landscape areas, streetlights, block walls, street trees, and all internal local streets should be included in a maintenance district to ensure satisfactory levels of maintenance.

Method of Apportionment
In order to provide an equitable assessment to all owners within the District, the following method of apportionment has been used. All lots in the District benefit equally, including lots not adjacent to landscape areas, block walls, and street lights. The lots not adjacent to landscape areas, block walls, and street lights benefit by the uniform maintenance and overall appearance of the District.

All lots in the District have frontage on an internal local street and therefore derive a direct benefit from the maintenance of the local streets.

Estimated Costs
The estimated costs to maintain the District includes the costs to maintain any landscaping, street trees, landscape trees, street lights, block walls, and pavement on local streets. The regular preventive maintenance of pavement on local streets is based on the following schedule:

Reclamite on a 5 year cycle, Crack Seal on a 7 year cycle; Cape Seal on a 15 year cycle and Overlays on a 20 year cycle.
512
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 20-04
Walnut Park Estates Ranch
Fiscal Year 2021-22
The quantities, estimated costs, and per lot assessment in the “Walnut Park Estates” landscape and lighting district are as follows:

Decription 20 Yr Cycle Unit Amount Cost Per Unit
Times
per
Year
Annual Cost
Per Unit
Annual Total
Cost
Turf Monthly Sq Ft - $ 0.020 12 $ 0.240 $ -
Shrub Monthly Sq Ft 22,015 $ 0.013 12 $ 0.156 $ 3,434.34 Water Monthly Sq Ft 22,015 $ 0.010 12 $ 0.120 $ 2,641.80 Electricity Monthly meter 2 $ 12.000 12 $ 144.000 $ 288.00 Landscape trees Annual Each 34 $ 60.00 1 $ 60.000 $ 2,040.00 Interior Street Tree Annual Each 42 $ 60.00 1 $ 60.000 $ 2,520.00 Street Lights (Electricity & Maint) Monthly Each 9 $ 11.30 12 $ 135.600 $ 1,220.40 Block Wall Annual Ln Ft 1,731 $ 0.75 1 $ 0.750 $ 1,298.25 Project Management Annual Lots 37 $ 40.00 1 $ 40.000 $ 1,480.00 Subtotal $ 14,922.79
Decription 20 Yr Cycle Unit Amount Cost Per Unit
Times
per
Year Cost Per Unit
Annual Total
Cost
Reclamite (5 year cycle) Twice Sq Yd 8,235 $ 0.96 2 $ 0.960 $ 790.56 Crack seal (7 year cycle) Twice Sq Yd 8,235 $ 0.68 2 $ 0.680 $ 559.98 cape seal (15 year cycle) Once Sq Yd 8,235 $ 7.42 1 $ 7.420 $ 3,055.19

2.0' Overlay (20 year cycle) Once Sq Yd 8,235 $ 12.50 1 $ 12.496 $ 5,145.23 Subtotal $ 9,550.95
Total $ 24,473.74
10% Reserve Fund (Repairs) 10% $ 2,447.37
Grand Total $ 26,921.12
Number of Lots 37
Annual Per Lot Assessment $ 727.60
513
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 20-04
Walnut Park Estates Ranch
Fiscal Year 2021-22
Annual Cost Increase
This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($26,921.12) (1.05)
(n-1)
where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed;
However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.

The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits identified above.

Example 1) The year four estimated costs are $29,344.02 [a 9% increase over the base year assessment of $26,921.12]. The ceiling on the assessment increase for year four would be $31,164.56 [ceiling = ($26,921.12) (1.05) (4-1)]. The assessment would be set at $29,344.02 or the actual cost of providing the maintenance effort.

Example 2) The year four assessment is estimated at the actual cost of providing the maintenance effort of $30,420.87 [a 7% increase over the previous year assessment and a 13.0% increase over the base year assessment]. The ceiling on the assessment increase for year four would be $31,164.56 [ceiling = ($26,921.12) (1.05) (4-1)]. The assessment would be set at $30,420.87 or the actual cost of providing the maintenance effort because it is less than the ceiling amount and the year-to-year increase is less than the 10% cap on increases in any given year.

Example 3) The year four assessment is $29,344.02 [a 9% increase over the base year assessment $26,921.12] and damage occurred to the masonry wall raising the year five assessment to $35,799.71 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $32,278.42, a 10% increase over the previous year and under the ceiling of $32,722.29 [ceiling = ($26,921.12) (1.05) (5-1)]. The difference of $3,521.28 will be recognized as a deficit and carried over into future years’ assessment.
514
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 20-04
Walnut Park Estates Ranch
Fiscal Year 2021-22
City Engineer Certification
I hereby certify that this report was prepared under my supervision and this report is based on information obtained from the improvement plans of the subject development.

Frank Senteno Date
City Engineer
515

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THENCENORTH89°51'07" EAST,ALONGTHENORTHLINEOFSAIDPARCEL2, SAIDLINEALSOBEINGTHESOUTHRIGHTOFWAY LINEOFHILLSDALEAVENUE,547.24 FEETMOREORLESS, TOANANGLEPOINTTHEREIN; THENCEASTERLY396.16 FEETMOREORLESS, ALONGATANGENTCURVEBEINFSAIDNORTHLINEOFSAIDPARCEL2 AND RIGHTOFWAYLINE, CONCAVETOTHENORTH,WITHARADIUSOF612.00 FEETANDACENTRALANGLEOF37°05'18", TOAN ANGLEPOINTTHEREIN;
THENCECONTINUINGEASTERLY378.81 FEETMOREORLESS, ALONGAREVERSECURVEBEINGSAIDNORTHLINEOFPARCEL2 ANDRIGHTOFWAYLINE, CONCAVETOTHESOUTH,WITHARADIUSOF588.00 FEETANDACENTRALANGLEOF36°54'43" TOAN ANGLEPOINTTHEREIN;
THENCENORTH89°40'32" EAST,ALONGSAIDNORTHLINEOFPARCEL2 ANDRIGHTOFWAYLINEOFHILLSDALEAVENUE,23.54 FEETMOREORLESS, TOTHENORTHEASTCORNEROFSAIDPARCEL2;
THENCESOUTH0°37'30" EAST,ALONGTHEEASTLINEOFSAIDPARCEL2, ADISTANCEOF512.60 FEETMOREORLESS, TOALINE PARALLELWITHAND200.00 FEETNORTHOFTHENORTHRIGHTOFWAYLINEOFHIGHWAY198; THENCESOUTH89°51'09" WEST,ALONGSAIDPARALLELLINE, 1322.53 FEETMOREORLESS, TOTHEWESTLINEOFSAIDPARCEL 2;
THENCENORTH0°26'15' WEST,ALONGSAIDWESTLINE, 269.75 FEETMOREORLESS, TOTHEPOINTOFBEGINNING; TOGETHERWITHLOT33 SHOWNONTHEMAPOFWALNUTPARKESTATESUBDIVISION,ASRECORDEDIN MAPBOOKNO.44, AT PAGE56, TULARECOUNTYRECORDS.

VICINITYMA
E5335

VISALIA,CA
N.T.S.

RM44-56
—
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‘ SUBJECTPROPERTY
STATEHWY.198
-
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LANDSCAPE&LIGHTINGASSESSMENTDISTRICT

ALLTHEREALPROPERTYINCLUDED IN THEBOUNDARIESOFTHESUBDIVISIONSHOWNUPONTHIS MAPIS INCLUDEDIN "ASSESSMENTDISTRICTNO. 21-03, CITYOFVISALIA, TULARECOUNTY, CALIFORNIA, " ESTABLISHEDPURSUANTTOTHELANDSCAPEANDLIGHTINGACTOF1972.

TEMPORARYBUILDINGRESTRICTIONS

ADECLARATIONOFTEMPORARYBUILDINGRESTRICTIONSWILLBERECORDEDON LOT2UNTILTHESOUTHERNCALIFORNIAEDISONEASEMENTRECORDEDIN BOOK 3570, PAGE698 OFOFFICIALRECORDSIS ABANDONED ORQUITCLAIMED. A

TERMINATIONOFTEMPORARYBUILDING RESTRICTIONSWILLBERECORDEDBY THECITYOFVISALIAANDCONSTRUCTIONMAYOCCURONLOT2ONCESAID

EASEMENTISTERMINATED

ABANDONMENT NOTE
PURSUANTTOSECTION66434(g) OFTHEGOVERNMENT CODE,THEFILINGOFTHISMAPSHALL CONSTITUTETHEABANDONMENT OFTHEFOLLOWINGEASEMENTS.‘

ADECLARATIONOFTEMPORARYBUILDINGRESTRICTIONSWILLBERECORDEDON LOTS39 THRU42 UNTILTHESOUTHERNCALIFORNIAEDISONEASEMENT 1' RECORDEDIN BOOK3615, PAGE697 OFOFFICIALRECORDSIS ABANDONEDOR QUITCLAIMED. ATERMINATIONOFTEMPORARYBUILDINGRESTRICTIONSWILLBE RECORDEDBYTHECITYOFVISALIAANDCONSTRUCTIONMAYOCCUR0NLOTS 39 THRU42 ONCESAIDEASEMENTIS TERMINATED. 2'

TEMPORARYTURNAROUND EASEMENTIN FAVOROFTHECITYOFVISALIA, SHOWNONTHE MAPOFTHEWALNUTPARKESTATESSUBDIVISION,ASIT WASRECORDEDINMAPBOOKN0. 44, PAGE56, TULARECOUNTYRECORDS.

PONDEASEMENTINFAVOROFTHECITYOFVISALIA,RECORDEDAPRIL10, 2003, ASDOC.NO. 20030031752, OFFICIALRECORDSTULARECOUNTY

3. CONSTRUCTIONEASEMENTINFAVOROFMANGANOHOMES,INC., RECORDEDAPRIL10, 2003, ASDOC.N0. 2003-0031753, OFFICIALRECORDSTULARECOUNTY

4. STORMDRAINANDSEWERPIPELINEEASEMENTIN FAVOROFTHECITYOFVISALIA,RECORDED JUNE5, 2003, AS000. NO.2003-0051971, OFFICIALRECORDSTULARECOUNTY TSM5574 %’
”w"

SURVEYOR'SSTATEMENT

THISMAPWASPREPAREDBYMEORUNDERMYDIRECTIONANDIS BASEDUPONAFIELDSURVEYIN CONFORMANCE WITH

THEREQUIREMENTS OFTHESUBDIVISIONMAPACTAND LOCALORDINANCEATTHEREQUESTOFSANJOAQUINVALLEY HOMES,IN JUNEOF2018. ANDSAIDFIELDSURVEYIS TRUEANDCOMPLETEASSHOWN.I HEREBYSTATETHATTHISFINAL MAPSUBSTANT/ALLYCONFORMS TOTHECONDITIONALLYAPPROVED TENTATIVEMAP.ALLMONUMENTS AREOFTHE

CHARACTERANDOCCUPY,ORWILLOCCUPY,THEPOSITIONSINDICATEDWITHINONEYEAROFTHERECORDINGOFTHIS MAPANDARE,ORWILLBE, SUFFICIENTTOENABLETHESURVEYTOBERETRACED.

RANDYD. WASNICK P.L.S. 8163

CITYSURVEYOR'SSTATEMENT
[HEREBYSTATETHATIHAVEEXAMINEDTHISMAP,“THATTHESUBDIVISIONASSHOWNIS SUBSTANTIALLYTHESAMEASIT APPEAREDONTHETENTATIVEMAP,ANDANYAPPROVED ALTERATIONSTHEREOE‘THATALLOFTHEPROVISIONSOF CHAPTER2 OFTHESUBDIVISIONMAPACTAND ANYLOCALORDINANCES APPLICABLEATTHETIMEOFAPPROVALOFTHE TENTATIVEMAP,HAVEBEENCOMPLIEDWITH;ANDTHAT]AMSAT/SFIED THATTHISMAPIS TECHNICALLYCORRECT.

JEFFREY8. LAND P.L.S. 8634

CITYPLANNER
[HEREBYSTATETHATTHISFINALMAPCONFORMSTOTHEHILLSDALESOUTHLANDTENTATIVESUBDIVISIONMAPNO. 5574 APPROVEDBYTHECITYOFVISALIAPLANNINGCOMMISSIONATTHEREGULARMEETINGHELDONMAY26, 2020.

PAULBERNAL

BOARDOFSUPERVISOR'STATEMENT

I, JASONTBRITT,COUNTYADMINISTRATIVE OFFICER/CLERKOFTHEBOARDOFSUPERVISORSOFTHECOUNTYOFTULARE,

STATEOFCALIFORNIA,DOHEREBYSTATETHATTHESAIDBOARDOFSUPERVISORSHASAPPROVEDTHEPROVISIONS MADEFORTHEPAYMENTOFTAXESASPROVIDEDIN DIVISION2 OFTITLE7 OFTHEGOVERNMENT CODEOFTHESTATE OFCALIFORNIA.
q)“
DATEDTHIS L DAYOFQ4Md , 2014

JASONTBRITT, COUNTYADMINISTRATIVEOFFICER/CLERK

OFTHEBOAROFSUPERVISORS

CITYCLERK'SSTATEMENT

THISIS TOSTATETHATATAREGULARMEETINGOFTHECITYCOUNCILOFTHECITYOFVISALIAHELDONTHE DAYOF L,- , 20 a 1 , ANORDERWASDULYANDREGULARLYMADE ANDNTEREDINTOAPPROVING

THISMAPANDSUBDIVISIONAND,ONBEHALFOFTHEPUBLICACCEPTINGTHEPUBLICUTILITYEASEMENTS, ACCEPTING,

SUBJECTTOIMPROVEMEN TSTORMDRAINEASEMENT, ACCESSEASEMENT, BLOCKWALLEASEMENTS, ANDSTREETS

OFFEREDFORDEDICATION, CONSENTINGTOTHEABANDONMEN TOFTHETEMPORARYTURNAROUND EASEMENT, POND

EASEMENT, CONSTRUCTIONEASEMENT, ANDSTORMDRAINANDSEWERPIPELINEEASEMENTALL INCLUDEDWITHINTHE BOUNDARIESOFTHESUBDIVISIONANDASSHOWNUPONTHISMAP.
r01 Q6 '1
WITNESSMYHANDANDOFFICIALSEALOFTHECITYOFVISALIATHIS fig DAYOF . K , 2031 q+h

RANDYGROOM

CITYMANAGER/QITYCLERK

FEEPAID

RECORDER'SSTATEMENT
DOCUMENTNO. ’l 011* 00 312. 13
FILEDTHIS 301a DAYOFAWL“. 1021,1030”
FEEPAID: 8 0| - 00
IN VOLUME45; OFMAPS,ATPAGE ZO TULARECOUNTYRECORDS.

ATTHEREQUESTOF4 CREEKS,INC.

TARAFREITAS,CPA

TULARECOUNTYASSESSOR/CLERK-RECORDER
BY.‘mg
DEPUTY
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PREPAREDBY:
324 S. SANTAFEST., STE. A
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VISALIA,CA93292
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A=11°39'11” R=220.00’ L=44.74'
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HILLSDALE AVENUE
LTELTE

ROBINWOOD AVENUE
33 34
35 36
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SEE SEPARATE L&LD 21-03
FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE, STE. A
P.O. BOX 7593
LEGEND

PAVEMENT AREA

LANDSCAPE AREA

LANDSCAPE TREES

STREET LIGHT LOCATION

STREET TREES

WALNUT PARK ESTATES

AMENDMENT TO L&LD
20-04
0'
NORTH
80' 80'
QUANTITIES OF ORIGINAL DISTRICT "L&LD 20-04"

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LANDSCAPE AREA

LANDSCAPE TREES

STREET LIGHT LOCATION

STREET TREES
74,279 S.F.
21,052 S.F.
33 9
43 QUANTITIES ADDED TO DISTRICT:

BURREL CT. CUL-DE-SAC PAVEMENT

STREET LIGHTS

LANDSCAPE TREES

LANDSCAPE AREA

STREET TREES
6,100 S.F.
1 3
3,891 S.F.
2 QUANTITIES REMOVED FROM DISTRICT:

HILLSDALE AVE. ASPHALT PAVEMENT29.544 S.F.

BLOCK WALL 207 L.F.

BLOCK WALL
524
525
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0682 Agenda Date: 1/18/2022 Agenda #: 10.

Agenda Item Wording:

Authorize the City Manager to submit a grant application to the California Department of Transportation (Caltrans) for the Clean California Local Grant Program (CCLGP) Call for Projects.

Deadline for Action: 2/1/2022 - Applications due to Caltrans Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Casey Chu, Assistant Engineer, [email protected], 713-4491 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to submit a grant application to the California Department of Transportation (Caltrans) for the Clean California Local Grant Program (CCLGP) Call for Projects to include the project below.
· Recreation Park Enhancement Project ($2,690,350.00 - Design & Construction) Background Discussion:

The Clean California Local Grant Program (CCLGP) of 2021, established by Assembly Bill 149, is part of the Clean California initiative to:

1. Decrease the amount of litter and debris in public spaces

2. Beautify and enhance public spaces and to mitigate the urban heat island effect

3. Improve public health, cultural connections, and community placemaking by developing public spaces for walking and recreation

4. Create equity for underserved communities
The CCLGP, developed by Caltrans, is a competitive statewide program that is part of the $1 billion Clean California initiative to remove litter and beautify public spaces. The initiative includes $296M for local beautification projects. Each grant awarded by the CCLGP has a maximum limit of $5M and the funds must be spent by June 30, 2024.

Caltrans released the CCLGP call for projects on December 1, 2021 and the deadline to submit applications is on February 1, 2022. The project award notification is on March 1, 2022. Caltrans will evaluate CCLGP applications received and will award projects in accordance with the following selection criteria:

1. Narrative (20 points)
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File #: 21-0682 Agenda Date: 1/18/2022 Agenda #: 10.

2. Project’s Population Benefit (20 points)

3. Project’s Relative Population Benefit to Underserved Communities (35 points)

4. Demonstrated Community Need (50 points)

5. Project’s Outcomes Assessment Form (40 points)

6. Scope, Cost, and Schedule (35 points)
The total possible score is 200 points. Although not explicitly stated, projects are expected to be awarded in the order of the scores, from highest to lowest, until all available funding is utilized. As the CCLGP grant is a one-time opportunity, unselected projects will not be kept for future call for projects or receive a debrief of the grant application.

In order to give the City its best chance and to be competitive in this call for projects, staff recommends submitting a project that focuses on enhancing the usage of Recreation Park in downtown Visalia by addressing the surrounding areas. The project was developed through a collaboration effort between the CIP Engineering and the Parks & Urban Forestry divisions. The Recreation Park Enhancement Project was deemed to be the best suited project to be submitted for the grant as it touches upon all aspects of the grant’s goals.

Staff is currently selecting a consultant to perform the design for an existing, city parking lot project (6010- 72000/CP0430-999), on the northwest corner of Center Avenue and Dudley Street adjacent to Recreation Park. The Recreation Park Enhancement Project’s scope of work for the CCLGP grant will add additional features to enhance Recreation Park and, if awarded, design for these features will be added to CP0430’s design contract. Should the City be successful and receive the CCLGP grant, the design for the additional features have already been identified as optional design tasks and can be quickly procured from the consultant.

The Recreation Park Enhancement Project, to be submitted to the CCLGP call for projects, as shown on Attachment 1 - Project Location Map will include:
· Additional Parking Lot 1 (Northwest of Dudley Street and the Alley) · Alley Improvements
· Sidewalk Improvements
· Concrete Art Walkway & Mural Walls
· Recreation Park Shade Structures
· Bike Route Connection (Goshen Trail to Recreation Park) · Outdoor Venue (Stage location shown may change based on final design) There is a frequent accumulation of trash and debris in the vicinity of the project area. Additionally, the area surrounding the park appears blighted and unappealing. Through these improvements, the area will receive added public visibility, lighting, and improved aesthetics via infrastructure improvements alongside new trash receptacles to discourage littering in the area.

The additional parking lot improvements will help alleviate the limited parking availability for not only Recreation Park but also downtown. These parking lots will use green infrastructure such as bioswales for storm water runoff and solar lighting while incorporating additional landscaping to beautify the area. The existing alleyway will be reconstructed due to its poor condition. Additionally, a multipurpose sidewalk will be installed for connectivity between the new parking lot and Recreation Park.

Concrete Mural Walls will be put in not only to separate public spaces from private spaces, but to also act as a location for public art. Similarly, the concrete art walkway not only provides access to the additional parking lots; but also, further develops the visual character of the City of Visalia.

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File #: 21-0682 Agenda Date: 1/18/2022 Agenda #: 10.

Shade structures will be included in Recreation Park to provide cover to protect the users of Recreation Park and to prolong the lifespan of the playground equipment. The project will improve connectivity for bicyclists and pedestrians by connecting the Goshen Trail to Recreation Park and downtown Visalia in a safer manner.

Lastly, an outdoor venue will be established to provide a space for events for the community.

Staff is conducting public outreach in the form of a survey to gauge community support for the Recreation Park Enhancement Project. Additionally, Staff presented this item to the City of Visalia’s Park and Recreation Commission on January 11, 2022 and received positive feedback.

Fiscal Impact:

As a requirement for the grant, a local match, based on the severity of the underserved communities being impacted by the project, must be calculated for and subsequently presented in the grant application. The more disadvantaged the underserved community is, the lower the amount of local match contribution is required.

Staff has determined that the local match necessary for the Recreation Park Enhancement Project is 25%.

The local match requirement amount is $672,587.50, based on the estimate shown below, and may change as the grant application and cost estimate are further developed.

Following is a summary cost breakdown for the project. Amounts shown below are estimates since project components are still being developed and cost estimates will be further refined.

Recreation Park Enhancement Project
Cost of Improvements:

CP0430 (South of Alley) $356,688.00
Parking Lot 1 (North of Alley) $392,375.00
Alley Improvements $77,350.00
Sidewalk Improvements $122,450.00
Concrete Art Walkway & Mural Wall $174,825.00
Recreation Park Shade Structures $99,000.00
Goshen Trail Connection $232,725.00
Outdoor Venue $400,000.00
Construction Cost $1,855,413.00
Construction Contingency (20%) $371,083.00
Consultant Design (10%) $185,541.00
Design Staff Time (5%) $92,771.00
Construction Management (5%) $92,771.00
Construction Inspection, Testing, & Surveying (5%) $92,771.00 Total Project Cost $2,690,350.00
Local Match Required (25% of Total Project Cost) $672,587.50 Staff has identified fund sources to address the local match requirements of the grant. These fund sources include the General Fund (001), Measure R Local (131), Measure R Trails (132) and other local fund sources to provide the necessary local match.

Contingent upon grant award, staff will return to Council to request acceptance of the grant, request appropriation of grant funds, and request appropriation of local match funds in the amount of $672,587.50.

Prior Council Action:

None.

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File #: 21-0682 Agenda Date: 1/18/2022 Agenda #: 10.

Alternatives:

Do not submit the Recreation Park Enhancement Project to the Clean California Local Grant Program’s Call for Projects.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to submit a grant application to the California Department of Transportation (Caltrans) for the Clean California Local Grant Program (CCLGP) Call for Projects.

Environmental Assessment Status:

To be determined during preliminary engineering phase.

CEQA Review:

To be determined during preliminary engineering phase.

Attachments:

1. Attachment 1 - Project Location Map
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Al el y
W Center Ave
N Ja
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o
b
St
W Murray Ave
N
G
di d
ni g
s
St
W Oak Ave
N
T
urn
er St
N
D
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W School Ave
W Oak Ave
Alley Alley
Recreation Park Enhancement Concept
260 130 0 260 Feet
¯
Concrete Art Walkway
Existing Parking Lot Project (CP0430)
Additional Parking Lot 1
Concrete Mural Walls
Recreation Park Shade Structures
Alley Improvements
Sidewalk Improvements
Bike Route Connection
(Goshen Trail to Recreation Park)
Grant Project CIP Project (CP0430)
Concrete Venue Pad
Level Grassy Area
Concrete Venue Pad
530
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0686 Agenda Date: 1/18/2022 Agenda #: 11.

Agenda Item Wording:

Authorize the purchase of 11 LifePak 15 cardiac monitors and required accessories from Stryker Corporation for the amount of $331,944.99 as approved in the American Rescue Plan Act (ARPA) project fund (6420-72000/EQ0191-999).

Deadline for Action: 1/18/2022
Submitting Department: Fire Department
Contact Name and Phone Number: Dan Griswold, Fire Chief, 559-713-4220 Department Recommendation:

Staff recommends Council approves the purchase, and appropriates the ARPA funding in the amount of $331,944.99, for eleven LifePak 15 cardiac monitors w/ required accessories.

Background Discussion:

Cardiac monitors are critical equipment for the Fire Department emergency medical service. Cardiac Monitors are used on nearly all medical aid calls for the purpose of gathering patient vitals including blood pressure, pulse, temperature monitoring, and blood oxygen level. Cardiac monitors are used for the critical functions of cardiac care interventions including electrocardiogram (EKG) interpretation, cardioversion, and delivering electric shocks to a pulseless patient. Cardiac monitors are considered best practice by both the AHA COVID Guidance as well as the Department of Defense COVID-Practice Management Guide and are required equipment for Advanced Life Support (ALS) service agencies.

Each of Visalia Fire’s six engines, one ladder truck, and one squad are equipped with a cardiac monitor. The department also has cardiac monitors in reserve and ready to be put in service when frontline monitors are out of service for maintenance or repair and during strike team assignments.

The Fire Department’s current inventory of cardiac monitors includes eight Version 2 monitors that are eight plus years old and three Version 4 monitors that are nearly six years old. Cardiac monitors have a service life of eight years and after eight years are not supported for service or parts by the manufacturer.

This project replaces all the Department’s cardiac monitors (11) and equips the Fire Department with the most current version and technology. Additionally, staff is looking to capitalize on promotional pricing for the new units and greater trade-in value for current units.

Fiscal Impact:

Funds for this project were appropriated by Council on December 19, 2021 (6420-72000/EQ0191- 999). This PPE project, which includes 11 cardiac monitors and two chest compression units, has a City of Visalia Page 1 of 2 Printed on 1/14/2022
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File #: 21-0686 Agenda Date: 1/18/2022 Agenda #: 11.
current budget of $401,000 in the ARPA fund. Authorization of this purchase for $331,945 will leave $69,055 which is projected to be sufficient for the purchase of the remaining equipment.

Prior Council Action: At the December 20, 2021, Regular City Council Meeting, Council approved this project with other proposed ARPA funded projects.

Other: N/A
Alternatives: Council can choose to deny the recommendation and reconsider the project as a general fund capital improvement project (CIP).

Recommended Motion (and Alternative Motions if expected):

I move to authorize the purchase of 11 LifePak 15 cardiac monitors and required accessories for the amount of $331,944.99 as approved in the American Rescue Plan Act (ARPA) project fund (6420- 72000/EQ0191-999).

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Stryker Quote (Cardiac Monitors)
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Quote Summary
Delivery Address End User - Shipping - Billing Bill To Account Name: VISALIA FIRE DEPT Name: VISALIA FIRE DEPT Name: VISALIA FIRE DEPT Account #: 1515215 Account #: 1515215 Account #: 1335119 Address: 420 N BURKE ST Address: 420 N BURKE ST Address: PO BOX 5078

VISALIA VISALIA VISALIA
California 93292-6516 California 93292-6516 California 93278-5078 Equipment Products:

Product Description Qty Sell Price Total
99577-001957 LIFEPAK 15 V4 Monitor/Defib - Manual & AED, Trending, Noninvasive Pacing, SpO2, SpCO, NIBP, 12-Lead ECG,
EtCO2, BT. Incl at N/C: 2 pr QC Electrodes (11996-000091) & 1 Test Load (21330-001365) per device, 1 Svc Manual CD (26500-003612) per order
11 $27,551.17 $303,062.87
11140-000098 LP15 AC Power Adapter (power cord not included) 11 $1,462.00 $16,082.00 11160-000019 NIBP Cuff-Reusable, Adult X Large 11 $43.35 $476.85 11160-000011 NIBP Cuff-Reusable, Infant 11 $19.55 $215.05 11160-000017 NIBP Cuff -Reusable, Large Adult 11 $30.60 $336.60 41577-000288 Ship Kit -QUIK-COMBO Therapy Cable; 2 rolls100mm Paper; RC-4, Patient Cable, 4ft.; NIBP Hose, Coiled; NIBP Cuff, Reusable, adult; 12-Lead ECG Cable, 4-Wire Limb Leads,
5ft; 12-Lead ECG Cable, 6-Wire Precordial attachment
11 $0.00 $0.00
21330-001176 LP 15 Lithium-ion Battery 5.7 amp hrs 33 $419.90 $13,856.70 11140-000015 AC power cord 11 $70.55 $776.05
11141-000115 REDI-CHARGE Base (power cord not included) 11 $1,364.25 $15,006.75 11140-000052 LP15 REDI-CHARGE Adapter Tray 11 $185.30 $2,038.30 11171-000049 Masimo™Rainbow™ DCI Adult Reusable Sp02, SpC0, SpMet Sensor, 3 FT. For use with RC Patient Cable.
11 $544.00 $5,984.00
11160-000013 NIBP Cuff-Reusable, Child 11 $22.10 $243.10 11577-000002 LIFEPAK 15 Basic carry case w/right & left pouches; shoulder strap (11577-000001) included at no additional charge when case ordered with a LIFEPAK 15 device
11 $286.45 $3,150.95
11220-000028 LIFEPAK 15 Carry case top pouch 11 $51.85 $570.35 Lifepak 15 w/50% Promo
Quote Number: 10316067 Remit to: Stryker Medical
P.O. Box 93308
Version: 1 Chicago, IL 60673-3308
Prepared For: VISALIA FIRE DEPT Rep: Shereen Setaghaian Attn: Email: [email protected]
Phone Number:

Quote Date: 06/29/2021
Expiration Date: 02/15/2022
1 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 533 Product Description Qty Sell Price Total
11260-000039 LIFEPAK 15 Carry case back pouch 11 $73.95 $813.45 Equipment Total: $362,613.02
Trade In Credit:

Product Description Qty Credit Ea. Total Credit
TR-LP15V4-LP15 TRADE-IN-STRYKER LP15V4 TOWARDS PURCHASE OF LIFEPAK 15
11 -$9,382.50 -$103,207.50
ProCare Products:
# Product Description Qty Sell Price Total

17.1 78000008 ProCare LIFEPAK 15 Prevent Service: Annual onsite preventive maintenance inspection and unlimited repairs including parts, labor and travel with battery coverage for LIFEPAK 15 V4 Monitor/Defib - Manual & AED,
Trending, Noninvasive Pacing, SpO2, SpCO, NIBP, 12-
Lead ECG, EtCO2, BT. Incl at N/C: 2 pr QC Electrodes
(11996-000091) & 1 Test Load (21330-001365) per
device, 1 Svc Manual CD (26500-003612) per order
11 $4,590.00 $50,490.00
ProCare Total: $50,490.00
Price Totals:

Estimated Sales Tax (8.500%): $22,049.47
Freight/Shipping: $0.00
Grand Total: $331,944.99
Comments/Terms/Signatures
Prices: In effect for 90 days
Terms: Net 30 Days
Contact your local Sales Representative for more information about our flexible payment options.

Lifepak 15 w/50% Promo
Quote Number: 10316067 Remit to: Stryker Medical
P.O. Box 93308
Version: 1 Chicago, IL 60673-3308
Prepared For: VISALIA FIRE DEPT Rep: Shereen Setaghaian Attn: Email: [email protected]
Phone Number:

Quote Date: 06/29/2021
Expiration Date: 02/15/2022
2 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 534 Capital Terms and Conditions:

Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency.

A copy of Stryker Medical's Acute Care capital terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html. A copy of Stryker Medical's Emergency Care capital terms and conditions can be found at https://www.strykeremergencycare.com/terms. 3 535
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 22-0001 Agenda Date: 1/18/2022 Agenda #: 12.

Agenda Item Wording:

Introduction and first reading of Ordinance No. 2022-02, authorizing four (4) individual four (4) year leases for hangar space in the newly completed four (4) unit Corporate Hangar at the Visalia Municipal Airport to Robin Martella, Rick Bissat, Juan Rodriquez, and Joe Dawkins for the purposes aircraft storage, at the rate of Twenty-One Thousand Dollars ($21,000) annually each.

Deadline for Action: None
Submitting Department: Administration - Airport
Contact Name and Phone Number:

Jody Miller, Airport Manager, 713-4282, [email protected] Nick Mascia, Assistant City Manager, 713-4323, [email protected] Department Recommendation:

Staff recommends that Council introduce Ordinance 2022-02 and authorize the City Manager to execute separate Hangar Lease Agreements with Mr. Martella, Mr. Bissat, Mr. Rodriguez, and Mr. Dawkins, with each prospective Lessee occupying one (1) of the four (4) new box hangars recently constructed at Visalia Municipal Airport. Each Lease would be for four (4) years with a mutual option at the completion of the initial term to extend for up to six (6) additional years at a new Lease rate reflecting fair market value at that time, with the total Lease term not to exceed ten (10) years, after which the prospective Tenants would hold no further first claim to rent the space. The Lease rate would be Twenty-One Thousand Dollars ($21,000) annually, to be paid in twelve (12) equal monthly installments of One Thousand Seven Hundred and Fifty Dollars ($1,750), further adjusted annually based on the California Consumer Price Index.

Background Discussion:

When construction began on the new four (4) unit Corporate Hangar at Visalia Municipal Airport, a waiting list for a unit in the Hangar became available to the public, Mr. Martella, Mr. Bissat, Mr. Rodriguez, and Mr.

Dawkins are the first four (4) names on the waiting list and each has been offered and accepted the opportunity to lease a unit now that the project has been officially completed, and a prospective lease has been approved by the City Attorney’s Office.

Each unit available is an identical Five Thousand (5,000) square foot space that will be leased for Twenty-One Thousand Dollars ($21,000) annually to be paid in twelve (12) equal monthly installments of One Thousand Seven Hundred and Fifty Dollars ($1,750), further adjusted annually based on the California Consumer Price Index. Each prospective Tenant will be responsible for paying all utility charges as well as Tulare County Possessory Interest Taxes in addition to their Lease rate. Each Unit is fully plumbed for either a restroom or kitchenette, which if the Tenant decides to put in, they are responsible for all cost and permits associated with the improvement. Any such permanent improvements may only be done with written approval of the Airport Manager and with all proper permits, additionally when the Tenant vacates the unit whether at the end of the Lease term or at any point prior, all improvements would remain in place in the unit. The Tenant is responsible for maintaining the premises, and keeping them in good order, condition, and appearance, with the City being responsible for the maintenance and repair of the structure itself, the roof, roof system, hangar doors, gutters, the foundation, parking areas, exterior lighting, and utilities up to connection at the building. The City is City of Visalia Page 1 of 2 Printed on 1/14/2022
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File #: 22-0001 Agenda Date: 1/18/2022 Agenda #: 12.
the foundation, parking areas, exterior lighting, and utilities up to connection at the building. The City is guaranteed permission to inspect the Premises at all times to ensure that they are being properly maintained.

Priced at just over Four Dollars and Twenty-Five Cents ($4.25) per square foot, the Lease rate is priced higher than our standard T-Hangar Lease rate, however this rate is priced competitively with similar premium level hangar space in the Valley.

Typically, a four (4) year lease would not require an Ordinance, however the prospective Lease for all four (4) units contains an option to extend the Lease term up to six (6) additional years for a total term not to exceed ten (10) years which triggers the need to introduce the attached Ordinance.

Fiscal Impact:

Visalia Municipal Airport would receive Twenty-One Thousand Dollars ($21,000) annually for each of the four (4) hangar Leases for a total anticipated revenue of Eight-Four Thousand Dollars ($84,000). The monthly lease payments will be deposited into the Hangar Rentals Revenues fund along with all current Hangar and THangar lease payments for general use within the airport.

Prior Council Action: N/A
Other: N/A
Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):

I move to introduce Ordinance No. 2022-02 and authorize the lease of one unit each in the newly completed Four (4) Unit Corporate Hangar to Robin Martella, Rick Bissat, Juan Rodriguez, and Joe Dawkins for the annual rate of Twenty-One Thousand Dollars ($21,000) for each unit.

Environmental Assessment Status: NA.

CEQA Review: N/A
Attachments: .

1. Proposed Ordinance 2022-02

2. Proposed Lease (Identical for all four (4) units)

3. Map of available units
City of Visalia Page 2 of 2 Printed on 1/14/2022
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ORDINANCE NO. 2022-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA

AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR INDIVIDUAL LEASE

AGREEMENT BETWEEN THE CITY OF VISALIA AND ROBIN MARTELLA, RICK

BISSAT, JUAN RODRIGUEZ, AND JOE DAWKINS FOR ONE UNIT EACH IN THE

NEWLY CONSTRUCTED LARGE BOX HANGAR AT VISALIA MUNICIPAL AIRPORT

FOR THE PURPOSE OF AIRCRAFT STORAGE
WHEREAS, the City of Visalia owns and operates certain real property commonly referred to as the Visalia Municipal Airport and,
WHEREAS, the City of Visalia owns and operates a newly constructed Large Box Hangar with four (4) units available at Visalia Municipal Airport and, WHEREAS, the City of Visalia and Visalia Municipal Airport wish to enter into Individual Lease Agreements with Robin Martella, Rick Bissat, Juan Rodriguez, and Joe Dawkins for one unit each from the four available units of the demised premises and, WHEREAS, the said demised premises is more particularly shown on Exhibit A attached hereto onto the proposed Lease Agreement and consists of 5,000 sq feet per identical unit.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA,
Section 1. The City Manager of the City of Visalia is hereby authorized to execute on behalf of the City of Visalia, four individual lease agreements between the City of Visalia as Lessor and Robin Martella, Rick Bissat, Juan Rodriguez, and Joe Dawkins as Lessees, for a four-year period with one renewable period of up to an additional six year for a total term not to exceed ten years.

Section 2. This ordinance shall go into effect thirty (30) days after its passage. 538
1 NEW BOX HANGAR

AIRPORT HANGAR LEASE AGREEMENT
This Airport Hangar Lease Agreement (“Lease Agreement”) entered into on _________ ____, (“Execution Date”), by and between the City of Visalia (“Landlord” or “City”) and _____________________(“Tenant”), is made with reference to the following:

R E C I T A L S:

A. Landlord is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Visalia.

B. Landlord is the owner and proprietor of the Visalia Municipal Airport located in the City of Visalia, and is the owner of certain real property described herein as the “Premises.” C. Tenant represents that the information contained in Exhibits 1 and 2 is true and correct.

D. The Landlord and Tenant desire to enter into this Lease Agreement for an initial Four(4) year period after which with both sides approval the Lease Agreement may be extended up to an additional Six (6) years at a newly agreed upon fair market value lease rate at that time for a total term not to exceed Ten(10) years.

NOW, THEREFORE, for valuable consideration, the parties agree as follows:

AGREEMENT
SECTION 1. RECITALS
The above recitals are true and correct and are hereby incorporated as a term and condition of this Lease Agreement.

SECTION 2. PREMISES

2.1. Premises Defined. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the portion of real property located at the Visalia Municipal Airport and commonly referred to as New Box Hangar 1/2/3/4 (the “Premises”).

2.2. Condition of the Premises. Tenant accepts the Premises “AS IS,” subject to all applicable municipal, state and federal laws, ordinances, regulations and policies governing and regulating the use of the Premises, and any covenants or restrictions of record. Tenant acknowledges that neither the Landlord nor its agents have made any representation or warranty as to the physical state of the Premises, or any present or future suitability of the Premises. 539
2 SECTION 3. TERM

3.1 Term. The term of this Lease Agreement shall be for four(4) years commencing from the Execution Date with an option for an extension of up to six(6) years if both parties agree after the initial four (4) year period, which would bring the total term to ten (10) years.

SECTION 4. BASIC RENTAL OBLIGATION

4.1. Rental Amount. TENANT agrees to pay to Landlord as rent for the premises, the sum $__1,750.00______Dollars per month in advance, all due and payable on or before the 1st day of each and every month throughout the term of this Rental Agreement. Said rent shall be paid to Landlord without deduction, offsets, prior notice or demand.

Any payment by Tenant or acceptance by Landlord of a lesser amount than shall be due from Tenant shall be treated as a payment on account. The acceptance by Landlord of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check, that such lesser amount is payment in full shall be given no effect, and Landlord may accept such check without prejudice to any other rights or remedies which Landlord may have against Tenant. Landlord may, at its option, terminate the Lease Agreement in the event that Tenant fails to pay the Basic Rental obligation in a timely manner.

4.2. Late Charges. In the event that Tenant fails to pay the above-described Basic Rental within ten (10) calendar days after such payment is due, Tenant shall be obligated to pay a late charge in the amount of ten percent (10%) of the Basic Rental amount for that month (“Late Charges”). Late Charges shall constitute Additional Rental and shall be payable with the next installment of Basic Rental.

4.3. Rental Adjustments. The previous years monthly rent shall be multiplied by the percentage increase or decrease in the Consumer Price Index, (CPIU) for the average of Los Angeles and San Francisco (all urban consumers, all items), for the previous year from April 1 to March 31. Said rent adjustment will become effective January 1st of each year, based on the previous year’s figures.

SECTION 5. CONTROL OF ACCESS
Landlord, at its option and in its sole discretion, may at any time control and limit access to, in or about, the Visalia Airport for the public health, safety, welfare, or any public purpose.

Landlord shall not be liable or responsible for any damages arising therefrom to the Premises, buildings, structures, installations or improvements thereon. Tenant further agrees any such action by Landlord does not entitle Tenant to a proration of any Basic Rental.

SECTION 6. PERMITTED USE AND ACTIVITY

6.1. Permitted Use. Tenant may use the Premises only for the storage of permitted aircraft identified herein in Exhibit 1 (“Permitted Aircraft”) and for the storage of aircraft related equipment related to such Permitted Aircraft. Tenant represents that he/she has an ownership 540
3 interest in said Permitted Aircraft. In the event that Tenant seeks to substitute aircraft other than those listed as Permitted Aircraft, Tenant must submit a proposed aircraft identification form (Exhibit 1) to the Airport Manager, along with proof of insurance in compliance with Section 13, below, for the Airport Manager’s written consent. The Airport Manager may request documents confirming an ownership interest in the proposed aircraft or other documents as deemed necessary in his/her reasonable discretion.

If Tenant stores, or permits the storage, of any aircraft that is not a Permitted Aircraft, at the Premises, such aircraft shall be subject to assessment of overnight transient aircraft fees and/or impoundment, at the discretion of the Airport Manager. The assessment or collection of such fees shall not create any right for Tenant to continue to use the Premises for the storage of any aircraft that is not a Permitted Aircraft, nor shall it be deemed a waiver by Landlord of any rights hereunder.

Upon approval by the Airport Manager, which shall not be unreasonably withheld, the Premises may be used for the sole purpose of constructing “experimental aircraft” as defined by the FAA. In the event Tenant desires to engage in the construction of any experimental aircraft on the Premises, Tenant shall provide such request to the Airport Manager of such activity in writing. The parties understand and agree that the building of an experimental aircraft is a uniquely complex activity, typically taking more than five (5) years to complete. Tenant agrees that in the event he/she begins construction of an experimental aircraft on the premises, such construction shall not be halted for more than 4 continuous months at any one time, unless an extension is requested of and granted by the Airport Manager due to verifiable hardship.

The parking of Tenant’s private vehicle is permitted only while Tenant is using the aircraft. Any motor vehicle of Tenant, or of Tenant’s guests, not parked within the hangar, or a tie-down space, shall be parked in designated parking areas. Commercial vehicles, large trucks with more than two axles, campers, busses, recreational vehicles or "RVs", farm labor vehicles, trailers, watercraft, and boats may not be stored inside Tenant's hangar and are prohibited under this section. Tenant's right to store a passenger vehicle inside Tenant's hangar is conditioned upon Tenant's maintaining of an ownership interest in the Permitted Aircraft that is registered with Airport staff for storage in Tenant's hangar.

Tenant may perform repairs and preventive maintenance to Tenant’s aircraft, provided said repairs and preventive maintenance activities are limited to "Owner Approved" Preventative Maintenance as defined by FAR Part 43. Provided also that any repair and/or preventive maintenance performed in or about the premises which violates City of Visalia fire codes, causes structural or other damage to Landlord’s property including surfaces, or detracts from a clean and orderly appearance of the airport is prohibited.

6.2. Visalia Municipal Airport Rules and Restrictions. Landlord shall have the right from time to time during the term of this Lease Agreement to promulgate rules and regulations and amendments and additions thereto for the safety, care and cleanliness of the premises and all other portions of the Visalia Municipal Airport. Upon delivery of a copy of such rules and regulations or any amendments or additions thereto, Tenant shall comply with said rules and regulations and any amendments or additions thereto. Any and all significant modification to the Rules and Regulations proposed by the Airport Committee shall be noted to all Tenants and an opportunity provided for Tenants to comment on the proposed changes before they become 541
4 effective. If there is any conflict between the rules and regulations and any provisions of this Lease Agreement, the provisions of this Lease Agreement shall prevail.

6.3. Additional Use Restrictions. Except as otherwise specified in Section 6.1, Tenant is expressly prohibited from conducting any other use, activity or operation in, on or about the Premises. Tenant shall be prohibited from: (i) conducting heavy maintenance or causing heavy maintenance to be conducted in, on or about the Premises; (ii) storing any item other than Permitted Aircraft or ancillary aircraft equipment related to Permitted Aircraft in violation with Visalia Airport Rules and Regulations, the Visalia Airport Hangar and Tiedown Policy, the Uniform Fire Code, the Uniform Building Code, FAA Rules and Regulations or any other applicable federal, state, or local laws, rules or regulations; (iii) storage of aircraft parts such as, fuselages, wing sections, etc., unless reasonable and verifiable progress is made to either restore or repair the Permitted Aircraft, or to complete an experimental aircraft as provided herein; (iv) conducting commercial activity of any nature whatsoever without first obtaining a commercial Operators Permit; (v) storing of any vehicle except that of the tenant or his/her guest(s) while the aircraft is being used; (vi) any type or form of residential use, (vii) place or display any sign, display, advertisement or decoration on the premises without the prior written consent of the Landlord, and (viii) using or occupying the Premises, or permit any act or omission in or about the Premises in violation of any Applicable Law as defined below.

6.4. Material Breach. Tenant’s failure to comply with this Section 6 shall be deemed a material breach of this Lease Agreement.

SECTION 7. COMPLIANCE

7.1. Applicable Law. Tenant shall comply with all applicable municipal, county, state or federal laws, ordinances, rules, regulations, policies and programs in effect or hereinafter adopted by the City of Visalia, County of Tulare, State of California or the United States (“Applicable Law”). Tenant shall discontinue immediately any use of the Premises which is declared by any governmental authority to be a violation of Applicable Law.

7.2. Compliance with Access System. Landlord has implemented security measures at the Visalia Municipal Airport to prevent unauthorized access. Tenant agrees to comply fully with all conditions of the established access system and any other security program implemented by the Landlord. Tenant's guests and their vehicles may have authorized access to Airport property only when Tenant's guests' access occurs with and simultaneous to Tenant's access. Tenant assumes all responsibility for the acts and/or omissions of Tenant's guests while on Airport property.

7.3. NFPA 409: Standard on Aircraft Hangars. Tenant shall maintain in the Premises during the entire Lease Term, not less than one (1) 2A20BC type fire extinguisher on the premises and Tenant shall inspect all such fire extinguisher not less frequently than once each month to assure that the said extinguisher(s) are fully charged and in good operational condition
SECTION 8. TENANT’S OBLIGATION TO PAY TAXES
The term "Tax Year" shall mean and refer to each twelve (12) month period (deemed, for 542
5 the purpose of this Section, to have 365 days) established as the real estate tax year by the taxing authorities having lawful jurisdiction over the Airport.

Tenant shall pay in each Tax Year during the Term, directly to the appropriate taxing authorities, all due and owing taxes, including real estate taxes, bonds, levies or charges, ad valorem taxes and assessments, possessory interest taxes, general and special assessments, taxes on the Premises, or any other tax imposed upon or levied upon Tenant, including taxes upon leasehold improvements payable with respect to or allocable to the Premises, and all land and all buildings and improvements situated thereon.

SECTION 9. ASSIGNMENTS SUBJECT TO APPROVAL; EXPRESS

RESTRICTION OF SUBLEASING
Tenant shall not assign, hypothecate, or in any manner transfer any interest in this Lease Agreement to any person or entity directly or indirectly, by operation of law or otherwise, without first securing Landlord’s express and written approval of such transfer. Any attempt by Tenant to assign, hypothecate, or transfer an interest in this Lease Agreement, including transfers made at or after Tenant’s death, and without the express written approval of Landlord, shall be null and void and any purported assignee shall acquire no right or interest by reason of such attempted assignment or transfer. Any purported assignee who improperly receives or makes a transfer of Tenant’s interest in this Lease Agreement, and does so in violation of this Agreement, shall be jointly and severally liable with Tenant for contract damages under California Civil Code Sections 1995.330 and 1995.320.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Tenant or of any general partner or syndicate member of Tenant, if a partnership or joint venture or syndicate exists, which shall result in changing the control of Tenant, shall be construed as an assignment of this Lease Agreement. “Control” means fifty percent (50%) or more of the voting power of the corporation.

Tenant agrees to be bound by an express restriction on any and all forms of subleasing of the leased Premises as required by this Lease Agreement. This express restriction on subleasing contained herein is consistent with California Civil Code section 1995.230.

SECTION 10. MAINTENANCE, REPAIR AND ALTERATION OF TENANT

IMPROVEMENTS
At Tenant’s sole cost and expense, Tenant agrees to maintain, repair, and keep in good order, condition, and appearance, the Premises and the improvements constructed thereon in a safe, clean, and sanitary condition with the exception of the Landlord’s repair and maintenance obligations which include the structural portion of the Demised Premises, the roof, roof system, hangar doors, gutters including downspouts, skylights, the foundation, parking areas, exterior lighting, utilities up to connection at the building. Tenant is expressly prohibited from materially altering the hangar structure, floor, walls, exterior or adjoining common use areas, or constructing any structure or facility within the hangar, without the expressed written consent of the Airport Manager. For the purposes of this section a material alteration is defined as any alteration requiring the issuance of a permit from the city, or that which significantly alters the appearance, character, or composition of the hangar or of any of its structural components. 543
6 Failure to receive prior written consent shall be considered a material default of this Lease Agreement. This section shall only apply to new improvements undertaken by Tenant following the execution of this Lease. Upon providing Tenant with reasonable written notice, Landlord may enter the Premises for the purpose of inspection, or to make alterations, repairs, improvements, or additions to the Premises as Landlord deems necessary or desirable. Upon determination of the existence of maintenance or repair violations, Tenant agrees to correct immediately each and every violation. Tenant also agrees to not allow refuse, garbage, or trash to accumulate on or adjacent to the Premises. Such waste materials must be kept in appropriate receptacles located in areas designated for such purposes and approved by Landlord.

SECTION 11. INSPECTIONS AND ACCESS BY LANDLORD
Tenant will permit Landlord, its agents, employees and contractors upon providing at least 24 hours notice, to enter all parts of the Premises to inspect the same and to enforce or carry out any provision of this Lease Agreement, including, without limitation, enforcement of the terms of this Lease Agreement and any access necessary for the making of any repairs which are Landlord’s obligation or right hereunder.

SECTION 12. INDEMNIFICATION
The Tenant hereby agrees to and shall protect, indemnify and hold Landlord and all officers, agents, representatives and employees of the Landlord, free and harmless from any and all liability or claims for injury or damages of whatsoever kind or character, including attorney’s fees and costs of all types incurred in defense of any of said parties, from any and all liability or claims for injury or damage to property arising out of or in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any acts or omissions of the Tenant or of Tenant’s independent contractors, employees, representatives, agents, or invitees. Said indemnity and hold harmless provisions shall also apply in favor of the Landlord and all officers, agents, representatives and employees of the Landlord where Tenant requests services of Landlord, its officers, agents, representatives, or employees, which are not the subject of this Agreement.

SECTION 13. INSURANCE
Prior to the commencement of the term of this Agreement, Tenant shall procure and maintain at Tenant’s own cost and expense, for the duration of this Agreement, the following insurance against claims for injuries or death to persons or damages to property that may arise from or in connection with the possession, occupancy, operations and use of the Premises by the Tenant, its agents, representatives, employees, contractors, guests, and invitees.

13.1. Minimum Limits/Scope of Insurance. Tenant shall obtain and maintain insurance of the types and in the amounts described below:

A, Aircraft or General Liability Insurance. Aircraft or general liability insurance against liability for financial loss resulting from bodily injury, including death or personal injury, and damage to property caused by the ownership, operation, 544
7 storage, and use of aircraft arising from or related to this Lease Agreement. The policy shall provide limits of no less than $1,000,000 per occurrence and include coverage for fire damage legal liability at the full $1,000,000 policy limit.

B. Property Insurance. Property insurance covering the full value of the Premises and its contents.

13.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions in excess of $1,000 must be declared to and approved by the City. At the option of the City, either: (a) the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officials, employees or volunteers; or (b) Tenant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigation, claim administration and defense expenses.

13.3 Other Insurance Provisions. The general liability and aircraft liability policies shall contain or be endorsed to contain the following provisions:

A. City of Visalia, its City Council, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of the use of the premises leased to Tenant.

B. For any claims related to this Agreement, Tenant’s insurance coverage shall be primary as respects the City of Visalia, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Visalia, its officers, officials, employees or volunteers shall be excess of Tenant’s insurance and shall not contribute with it.

13.4 All Coverages.

A. Each insurance policy required by this Section shall be endorsed to state that coverage shall not be cancelled except after ten (10) days prior written notice and given to Visalia Municipal Airport to the attention of the Airport Manager.

B. The minimum amounts of insurance may be increased in accordance with increases, if any, reasonably determined by City to be necessary to maintain policy limits from time to time in amounts customary and usual for premises comparable to the Premises, and such increases, if any, are to be made on a yearly basis on or about the commencement of each Rental Year.

C. If Tenant, for any reason fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed to be a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from Tenant resulting from said breach. Alternatively, City may purchase such coverage (but has no special obligation to do so), and the cost of same, including any interest on insurance premiums paid by City shall be deemed Additional Rent and shall be payable upon City’s demand. 545
8 13.5 Acceptability of Insurers. Insurance is to be placed with insurance with a current A.M. Best’s rating of no less than A:6 unless otherwise approved by the City’s Risk Manager.

13.6 Verification of Coverage. Tenant shall furnish the City of Visalia with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City before this Lease is executed. However, failure to obtain required documents prior to execution of the Lease shall not waive Tenant's obligation to provide them.

The City reserves the right to require complete certified copies of all required insurance policies, including the endorsements required herein, at any time.

13.7 Modification of Insurance Requirements. The City’s Risk Manager is authorized to review proposed revisions to the insurance requirements described in this Section 13 and approve or reject any proposed revisions as deemed appropriate, in his or her discretion.

SECTION 14. NOTICES
All notices, demands, requests or approvals to be given under this Lease Agreement shall be given in writing and shall be given by hand delivery, overnight mail service, registered or certified mail, or regular first-class mail. Notice shall be deemed given if by hand delivery, on the date of delivery; if by overnight mail service, on the date of delivery; if by registered or certified mail, on the date indicated on the receipt for delivery; and if by regular first-class mail, five days after deposit of the notice with postage fully prepaid, in a mailbox maintained by the United States Postal Service. Notices shall be addressed as follows:

LANDLORD: City of Visalia
Airport Manager
9501 Airport Drive
Visalia, CA 93277
TENANT: ________________
________________
________________
All notices, demands, requests or approvals from Landlord to Tenant shall be addressed to Tenant’s business or home address listed in Exhibit 4. Either party may change the addresses upon written notify to the other party.

SECTION 15. DEFAULTS
The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease Agreement by Tenant:

A. The abandonment of the Premises by Tenant shall also constitute the notice required by this subsection.
546
9 B. Tenant becomes a “debtor” as defined in 11 U.S.C. Section 101 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days).

C. The filing or execution of attachment, encumbrance, lien or stop notice either against the Premises, Landlord or Tenant related to the use or possession of the Premises.

D. The discovery by Landlord that any material information provided by Tenant related to this Lease Agreement is materially false.

E. The failure by Tenant to comply with Section 6 or Section 7.1 (Applicable Law) of this Lease.

F. An unapproved or unauthorized transfer of any interest acquired under this Lease Agreement.

G. The failure to comply with any of the insurance requirements stated in this Lease Agreement.

H. The failure to comply with any other provision of this Lease Agreement other than as described above where such failure shall continue for a period of fourteen (14) calendar days after written notice hereof from Landlord to Tenant.

I. The occurrence of any other event described as constituting an “Event of Default” elsewhere in this Lease Agreement.

SECTION 16. REMEDIES
In the event of any material default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach, avail itself of the following remedies, which are cumulative and not exclusive:

A. Landlord may seek to reenter and recover possession of the Premises by any lawful means available to it, in which case this Lease Agreement shall terminate immediately and Tenant shall immediately remove all personal property, including aircraft, from the Premises. Tenant may choose to surrender possession of the Premises to Landlord by giving Landlord notice of its intent to do so. Landlord may choose to accept Tenant’s surrender of the Premises and agree not to evict Tenant on condition of Tenant’s surrender. Upon Landlord’s acceptance of Tenant’s surrender of possession of the Premises, Tenant’s tenancy terminates and Tenant is no longer obligated to pay rent to Landlord for the remainder of the Lease term.

However Tenant would still be obligated to pay Landlord any and all outstanding unpaid rental amounts, fees, or late charges.

B. Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, including, but not limited to, the cost of recovering possession of the Premises, amount of delinquent rent, interest at the maximum amounts allowed 547
10 by law on the delinquent rent, and reasonable attorneys’ fees.

C. Landlord may elect to maintain and continue to recognize Tenant’s right to possession in accordance with Civil Code section 1951.4, in which case this Lease Agreement shall continue in effect whether or not Tenant’s breach or default remains uncured and whether or not Tenant is in actual possession of the Premises. In such event, Landlord shall be entitled to enforce all of Landlord’s rights and remedies under this Lease Agreement, including the right to recover the rent as it becomes due hereunder for the duration of the Lease term.

D. Landlord may elect to pursue any other legal or equitable remedy now or hereafter available to Landlord under the laws of the state of California. Unpaid installments of Basic Rental or other unpaid monetary obligations of Tenant under the terms of this Lease Agreement shall bear interest from the date due at the maximum rate then allowable by law.

E. If this Lease Agreement is terminated by Landlord pursuant to Section 15, Landlord may refuse to grant Tenant a future lease agreement.

SECTION 17. TERMINATION
This Lease Agreement is terminable with or without cause by Landlord upon thirty (30) calendar days written notice, or if Tenant has leased the Premises for at least 12 consecutive months, the Landlord must provide a sixty (60) calendar days written notice, setting forth a date of termination of the Lease Agreement (the “Date of Termination”). Upon notice of termination, Tenant shall be obligated to pay immediately any Basic Rental, obligations or other fees due and owing to Landlord. Upon the Date of Termination, Tenant shall vacate the Premises and immediately remove all personal property, including aircraft and the hangar structure (also commonly referred to as "light aircraft cover"), from the Premises. If Tenant fails to vacate the Premises or fails to remove all personal property from the Premises, Landlord may seek to reenter and recover possession of the Premises by any lawful means. Landlord may also, at its election, dispose of any remaining personal property in the appropriate manner provided for by law, and charge all costs associated with such disposal to Tenant. Landlord will deem any personal property remaining on the Premises as having been abandoned by Tenant.

SECTION 18. REMEDIES CUMULATIVE
No reference to any specific right or remedy shall preclude Landlord from exercising any other right or from having any other remedy or from maintaining any action to which it may otherwise be entitled at law or in equity. No failure by Landlord to insist upon the strict performance of any agreement, term, covenant or condition hereof, or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial Rental during the continuance of any such breach, shall constitute a waiver of any such breach, agreement, term, covenant or condition. No waiver by Landlord of any breach by Tenant under this Lease Agreement or of any breach by any other tenant under any other lease of any portion of the Visalia Airport shall affect or alter this Lease Agreement in any way whatsoever.

SECTION 19. CITY MUNICIPAL POWERS
The Landlord is entering into this Lease Agreement is its proprietary capacity, and not in 548
11 its regulatory or governmental capacity. Nothing in this Lease Agreement shall be construed as restraining, impairing or restricting the City in its regulatory capacity, or granting any rights upon the Tenant with respect to the use, occupancy or operation of the Premises in a manner inconsistent with Applicable Law. This Lease Agreement does not grant any development rights upon the Tenant with respect to the Premises and any such development shall be subject to all applicable provisions of the Visalia Municipal Code.

SECTION 20. ATTORNEY’S FEES
If an action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other reasonable relief to which s/he may be entitled. With respect to any suit, action or proceeding arising out of or related to this agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior court, in the County of Tulare, State of California for any proceeding arising hereunder.

SECTION 21. COUNTERPARTS
This Lease Agreement may be executed in several counterparts, each of which is an original, and all of which together constitute but one in the same document.

SECTION 22. NONDISCRIMINATION
In connection with the use of the Premises, Tenant agrees to not to discriminate against any individual on the basis of race, color, national origin, ancestry, gender, religion, age, or disability, in accordance with the requirements of state and federal law.

SECTION 23. GOVERNING LAW
This Lease Agreement has been made and shall be construed and interpreted in accordance with the laws of the State of California.

SECTION 24. MERGER OF NEGOTIATIONS
This Lease Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof.

SECTION 25. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

SECTION 26. EXHIBITS
549
12 The following exhibits are attached to this Agreement and are incorporated herein.

Exhibit 1 - Permitted Aircraft
Exhibit 2 - Tenant Information
IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date set forth above.

TENANT: CITY OF VISALIA,
a California municipal corporation
By:
________________, Tenant Jody Miller
Airport Manager.
550
13 EXHIBIT 1

PERMITTED AIRCRAFT
The following aircraft shall be designated as the Permitted Aircraft pursuant to this Lease Agreement:

Aircraft Make and Model:

Aircraft Registration No.:

Name (s) of Registered Owner (s):

Should Tenant be a partnership or a corporation a list of the partners, or a list of the corporate officers, (including mailing addresses and phone numbers) shall be attached hereto as Exhibit “B” and made a part hereof. If Tenant is a flying club, a list of all current members shall be attached in the same manner.
551
14 EXHIBIT 2

TENANT INFORMATION
TENANT’S LEGAL NAME:

TENANT’S PILOT LICENSE NUMBER:

TENANT’S HOME ADDRESS: [P.O. Boxes are not permitted]:

TENANT’S BUSINESS ADDRESS:

TENANT’S TELEPHONE NUMBERS:

HOME TELEPHONE: _
BUSINESS TELEPHONE:

MOBILE NUMBER:

EMAIL ADDRESS
552
553
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 22-0002 Agenda Date: 1/18/2022 Agenda #: 13.

Agenda Item Wording:

Second reading and adoption of Ordinance No. 2021-11, authorizing the conditional 35-year lease of a parcel of approximately 65,000 sq feet of unimproved property at the Visalia Municipal Airport to Aircraft Mechanical Services (AMS) Inc for the purposes of a new aircraft maintenance facility, at the rate of Twenty-Eight Thousand and Eighty Dollars ($28,080) annually.

Deadline for Action: None
Submitting Department: Administration - Airport
Contact Name and Phone Number:

Jody Miller, Airport Manager, 713-4282, [email protected] Nick Mascia, Assistant City Manager, 713-4323, [email protected] Department Recommendation:

Staff recommends that Council conduct the second reading and adoption of Ordinance 2021-11 authorizing the City Manager to execute a ground lease agreement with AMS, Inc. for approximately 65,000 sq feet of unimproved property at Visalia Municipal Airport for the purpose of constructing a new aircraft maintenance facility at Visalia Municipal Airport. This is a thirty-five (35) year lease term, after which the parcel and any structures or improvements would revert to full ownership by the City of Visalia. The lease rate will be twentyeight thousand and eighty Dollars ($28,080) annually, further adjusted annually based on the California Consumer Price Index. The ordinance will go into effect thirty (30) days after its passage.

Background Discussion:

AMS, Inc. has long operated aircraft maintenance facilities here at Visalia Municipal Airport and have consistently added income to the Airport not only through their monthly lease payments (for their current facility, which they will remain in even after the proposed new hangar is completed) but also through ancillary avenues tied to their operations such as tie-down fees, fuel sales, and other fees. The new facility would allow AMS, Inc. to greatly expand their operations by giving them the capability to service not only more aircraft but larger aircraft as well. By having this service on property here at Visalia Municipal Airport it would allow the Airport to attract flight operations that traditionally would have gone to other area airports that had the capability to service their specific aircraft. AMS, Inc. has had no major issues as a current tenant and has kept all their existing buildings in good condition.

The proposed lease being over five (5) years triggers the need for an Ordinance. The proposed Ordinance and Ground Lease Agreement is contingent upon AMS, Inc. obtaining final Federal Aviation Administration (FAA) approval for the construction of the proposed Aircraft Maintenance Hangar on the unimproved parcel. If the FAA does not approve the proposed construction project of a new Aircraft Maintenance Facility the conditional Ground Lease Agreement, and Ordinance would be null and void, and the proposed parcel would revert back at that time to City of Visalia/Visalia Municipal Airport control and able to be used for any project deemed appropriate for the parcel including a new lease with any future prospective tenants.

After the completion of the initial thirty-five (35) year lease term, full ownership of any structures and improvements made to the parcel by AMS, Inc. would revert to the City of Visalia per the agreement.

Following the initial 35 year lease, AMS, Inc. would hold the options to rent the property at fair market value for City of Visalia Page 1 of 2 Printed on 1/14/2022
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File #: 22-0002 Agenda Date: 1/18/2022 Agenda #: 13.

Following the initial 35 year lease, AMS, Inc. would hold the options to rent the property at fair market value for three (3) five (5) year options. Once the three (3) five (5) year options have lapsed, AMS, Inc. would have no further first claim to the rental. While these agreements are in place, AMS Inc. is required to maintain the building to all proper standards (FAA standards/requirements and City Building Code) and have the property available for inspection or verification of conformance by City staff or representative. Ground lease arrangements are commonplace on airports facilities including several (seven) active leases of similar nature at the Visalia Municipal Airport. Visalia Municipal Airport is observing both long term and day to day benefits of lease agreements like this. Further the lease does not pose a hindrance to any future development as the site chosen was to be earmarked for future hangar development in our Airport Layout Plan (see enclosed site map).

Fiscal Impact:

Visalia Municipal Airport would receive twenty-eight thousand and eighty dollars ($28,080) annually for the ground lease plus annual California Consumer Price Index increases, as well as full ownership of any structures and improvements to the proposed parcel upon the completion of the thirty-five (35) year lease term. Staff utilized Colliers Market Data Reports to obtain the annual lease rate. The County average is between 46 and 77 cents per square foot, however those properties used to establish the average do not have the building revert back to the City/Airport at the conclusion of their lease. The agreed upon lease rate is 38 cents per square foot.

The monthly lease payment will be deposited into the Fixed Base Operators (FBO) Revenues fund along with all of the current FBO lease payments for general use within the airport. Additionally, there would be considerable ancillary revenue in the form of fuel sales, tie-down fees and other fees gained by Visalia Municipal Airport via increased Air Traffic from the proposed Aircraft Maintenance Facility.

Prior Council Action: At the December 20th 2021 Council meeting, Ordinance 2021-11 had its introduction and first reading.

Other: N/A
Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):

I move to conduct the Second Reading and adopt Ordinance No. 2021-11 authorizing the lease of a parcel of approximately 65,000 sq feet of unimproved property located at Visalia Municipal Airport to AMS, INC as specified within the staff report.

Environmental Assessment Status: To be completed by AMS, INC. during process of obtaining Federal Aviation Administration (FAA) approval for the construction of the proposed Aircraft Maintenance Facility on the requested parcel at Visalia Municipal Airport.

CEQA Review: N/A
Attachments:
1: Proposed Ordinance 2021-11.
2: Proposed Ground Lease for Aircraft Mechanical Services, Inc. 3: Proposed build site
City of Visalia Page 2 of 2 Printed on 1/14/2022
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ORDINANCE NO. 2021-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA

AUTHORIZING THE CITY MANAGER TO EXECUTE A GROUND LEASE
AGREEMENT BETWEEN THE CITY OF VISALIA AND AMS, INC. A CALIFORNIA CORPORATION FOR A APPROXIMATELY 65,000 SQ FEET PARCEL OF

UNIMPROVED PROPERTY AT THE VISALIA MUNICIPAL AIRPORT
WHEREAS, the City of Visalia owns and operates certain real property commonly referred to as the Visalia Municipal Airport and,
WHEREAS, the City of Visalia desires to lease the property to AMS, INC a California Corporation for the purposes of building a new Aircraft Maintenance Facility at Visalia Municipal Airport and, WHEREAS, AMS, INC. is a long time tenant of good standing at the Visalia Municipal Airport and,
WHEREAS, the City of Visalia desires to enter into a Ground Lease Agreement for said demised premises and,
WHEREAS, the said demised premises is more particularly shown on Exhibit A attached hereto on the proposed Ground Lease Agreement and consists of a parcel of approximately 65,000 sq feet of unimproved property at the Visalia Municipal Airport.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA,
Section 1. The City Manager of the City of Visalia be, and is hereby authorized to execute on behalf of the City of Visalia, that certain Ground Lease Agreement by and between the City of Visalia Municipal Airport as Lessor and AMS, INC. as Lessee.

Section 2. This ordinance shall go into effect thirty (30) days after its passage.

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AIRPORT GROUND LEASE AGREEMENT
This Ground Lease Agreement made and entered into this ___ day of _________ 202_ by and between the City of Visalia, a Municipal Corporation of the State of California, hereinafter referred to as “LESSOR” and AMS, Inc, a California Corporation, hereinafter referred to as “LESSEE”.

For and in consideration of the payment of rent, taxes, and other charges and of performance of the covenants and conditions hereinafter set forth, LESSOR hereby Leases to LESSEE the real property located at the Visalia Municipal Airport and situated in the City of Visalia, County of Tulare, State of California, more particularly and legally described as set forth in Exhibit “A” attached hereto and made a part hereof.

1. DEMISED PREMISES
A. Definition - Except as expressly provided to the contrary in this Lease, reference to “Demised Premises” is to the described land plus any described appurtenances, including any improvements (including LESSEE’s improvements), now or hereafter located on the Demised Premises, without regard to whether ownership of the improvements is in the LESSOR or in the LESSEE.

B. Description - The Demised Premises consists of one parcel of unimproved property, more particularly located as designated on Exhibit “A” attached hereto and made a part hereof and, containing approximately 65,000 square feet, plus any improvement subsequently made thereto or thereon, whether made by LESSOR or LESSEE.

2. TERM
A. The initial term of this Lease shall be for a period of thirty-five (35) years, commencing on the first day of the month following the date that Lessee provides written notice to Lessor that Lessee has obtained approval from the Federal Aviation Administration for the proposed facilities on the premise (Exhibit A) and ending 35 years 557
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thereafter, unless sooner terminated as provided for herein. Lessee shall be solely responsible for obtaining approval from the Federal Aviation Administration and shall endeavor to obtain such approval within 12 months of the date of this Agreement as provided above. If such approval has not been obtained within said 12 months, Lessor may terminate this Agreement without further obligation to Lessee.

B. LESSEE shall have the right, but not the obligation, to extend the original term of this Lease by three (3) additional periods of five (5) years; provided and the parties agree to a mutually accept minimum annual rent to be applicable during such extension term, and provided LESSEE shall not be in default of any term of condition contained herein at the time of exercising said options. LESSEE shall provide LESSOR with written notification of LESSEE’s intent to exercise each option period within one hundred and eighty (180) days of the end of the then current term, and the parties shall meet to determine the mutually acceptable minimum annual rent applicable during such term no later than sixty (60) days prior to the end of the then current term Provided the parties reach agreement on minimum annual rent, and dLESSOR determines LESSEE is not in default of any term or condition, LESSEE and LESSOR shall execute an amendment to this Lease amending and extending the Lease term for the appropriate amount of time.

All other terms and conditions, unless otherwise agreed to shall remain in full force and effect.

3. LEASE RENT
A. INITIAL MINIMUM RENT - LESSEE shall pay without abatement, deduction or affect, a net minimum annual rent of Twenty-Eight Thousand and Eighty Dollars ($28,080.00), all due and payable in equal monthly installments of Two Thousand, Three Hundred, and Forty Dollars ($2,340) beginning on the ___________ after obtaining 558
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Federal Aviation Administration (FAA) approval for proposed hangar (Exhibit A), and continuing thereafter throughout the entire term of this agreement.

B. RENT ADJUSTMENTS - The minimum annual rent shall be adjusted each and every year, beginning on the first anniversary date of the Lease term and continuing thereafter throughout the initial thirty-five (35) years of the Lease term, to reflect the percentage change in the Consumer Price Index. For purposes of this agreement, the Consumer Price Index shall be the California Consumer Price Index (all urban consumers, all items) as released by the California Division of Labor Statistics and Research. Said adjustment shall be calculated as follows:

The minimum annual rent charged for the twelve (12) month period being concluded shall be multiplied by the percentage increase in the Consumer Price Index for the last month released prior to each anniversary date of this Lease. The new minimum annual rent shall thereafter be paid in twelve (12) equal monthly installments for each twelve (12) month period in accordance with subdivision A herein. In no event shall the minimum annual rent be decreased.

The Consumer Price Index as used herein is based on the 1982-84=100 index.

Should the Division of Labor Statistics and Research change the 1982-84=100 index, the above referenced formula shall be converted to reflect said change.

D. In the event LESSEE is delinquent in remitting the rent by the tenth (10th) day of each and every month throughout the entire Lease term, then the rent not paid when due shall bear interest at the rate of eighteen percent (18%) per annum from the date due until paid.

4. TAXES AND ASSESSMENTS: “PUBLIC CHARGES”
A. Obligations of LESSEE: From and after the date of execution of this Lease, LESSEE shall pay or cause to be paid all real estate taxes, assessments, and other 559
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governmental charges, general and special, ordinary and extraordinary, of any kind and nature whatsoever applicable to the possessory interest of LESSEE in the Demised Premises, as created and established by this Lease, and the building improvements thereon, including but not limited to assessments for public improvements or benefits which shall for any period subsequent to the execution of this Lease and during the term hereof be assessed, levied or imposed upon or become due and payable and a lien upon said possessory interest and building and improvements thereon (specifically excepting therefrom any and all subsurface rights, if any, held or used by others who may have or claim any of the same, LESSEE assuming no liability whatsoever for the taxes, general and special assessments or other charges levied or assessed thereon), all of which taxes, assessments, levies and other governmental charges to be paid by LESSEE are referred to in this Lease as “public charges”; provided however, that if by law any such public charges are payable or may at the option of the taxpayer be paid in installments (whether or not interest shall accrue on the unpaid balance of such public charge), LESSEE may make such payments in installments as the same respectively become due and before any fine, penalty, or cost may be added thereto for the non-payment of any such installment; and provided further that any public charge relating to a fiscal period of the taxing authority expiring after the termination or expiration of this Lease, any part of which fiscal period is included within the time prior to termination or expiration of this Lease, shall (whether or not during the period prior to termination or expiration of this Lease such public charge shall be paid, assessed, levied or posed upon or become due and payable) be apportioned between the parties.

B. Time of Payment: All payments to be made by LESSEE pursuant to the provisions hereof shall be made before any fine, penalty, interest or cost may be added thereto for the non-payment thereof; and the LESSEE shall furnish LESSOR within sixty (60) days after the dates when the same are payable, as herein provided, with official 560
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receipts or other evidence satisfactory to LESSOR that such public charges or excise on rents or other tax or assessments in lieu thereof as aforesaid has, to the extent of the aforesaid, been paid.

C. Contest: LESSEE may contest the legal validity or amount of any public charges for which LESSEE is responsible under this Lease and may institute such proceedings as LESSEE considers necessary. If LESSEE contests any such public charges, LESSEE may withhold or defer payment or pay under protest but shall protect LESSOR and the Demised Premises from any lien by adequate surety bond or other appropriate security.

LESSOR appoints LESSEE as LESSOR’s attorney in fact for the purposes of making all payments to any taxing authorities and for the purpose of contesting any such public charge.

D. Exclusions: LESSEE’s obligation to pay public charges levied or charged against said possessory estate or buildings or improvements or against specified personal property, shall not include the following whatever they may be called: business income or profit taxes levied or assessed against LESSOR by federal, state or other governmental agencies; estate, succession, inheritance, or transfer taxes of LESSOR; or corporation, franchise, or profit taxes imposed on any owner of the fee title of the Demised Premises.

E. Evidence of Payment: The certificate, advise or bill of the appropriate official designated by law to make or issue the same and to receive payment of any such public charge shall be prima-facie evidence that such public charge is due and unpaid at the time of the making or issuance of such certificate, advise, or bill; and the written receipt of such official shall be prima-facie evidence that the public charge therein described has been paid. LESSOR shall authorize and instruct the assessing authority to forward to LESSEE all bills covering such said public charge.

5. USE OF DEMISED PREMISES
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A. Defined - LESSEE shall have the right and obligation to construct, maintain and operate the Demised Premises, for the purpose of aircraft storage and Aircraft Management, with the incidental right to maintain and service aircraft stored therein and to charge periodic hangar use fees to LESSEE’s customers. Aircraft stored in the hangar will be registered with the Airport Manager. LESSEE shall not have the right or obligation to use the Demised Premises for any other purpose, nor shall LESSEE provide any other service without express written consent of the LESSOR.

B. Use Obligation - LESSEE shall actively and continuously use and operate the Demised Premises for the limited and particular exclusive use as expressly provided for above, except for failure to so use caused by reason of wars, strikes, riots, civil commotion, acts of public enemies, and acts of God. Said activities and continuous use and operation enhances the value of the Visalia Municipal Airport, provides needed public service, provides additional employment, taxes, and other benefits to the general economy.

LESSEE, however shall not and is expressly prohibited from using the Demised Premises for any other purpose or use whatsoever whether it is purported to be in addition to or in lieu of the particular exclusive use set forth above.

C. In addition, LESSEE shall have the right to own and operate from the Demised Premises an air charter service licensed under Part 135 of the Federal Aviation Regulations and to sublease office and lounge areas within the hangar provided that any sublease shall require the prior written consent of the LESSOR. LESSOR further agrees to not arbitrarily withhold said consent. Any request for the payment of additional consideration to the LESSOR as a condition to granting consent to a sublease shall be considered arbitrary. Further, the consent of the LESSOR shall not be required as to any sublease to any entity in which the principals of the LESSEE own at least 50% of such entity.
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6. UTILITIES - LESSEE shall be responsible for all costs of all connections and extensions of utilities from their current locations to and within the Demised Premises, and all costs associated with the use of said utilities.

7. BUSINESS LICENSE - LESSEE shall obtain a business license as paid by all people in similar circumstances, within the City of Visalia.

8. RESERVATION OF MINERAL RIGHTS TO LESSOR - All oil, gas, and mineral rights are expressly reserved from this Lease.

9. ASSIGNING AND SUBLETTING - The LESSEE shall not assign or sublet, or transfer the whole or any part of this Lease or any interest herein, nor sublease the whole or any part of the Demised Premises, nor contract for the management or operation of the whole or any part of the Demised Premises, nor permit the occupancy of any part thereof by any other person, nor permit transfer of the Lease or possession of the Demised Premises by merger, consolidation or dissolution, nor permit sale of a controlling interest in the voting stock in said corporation without the consent of LESSOR, in each instance following thirty (30) days written notice to LESSOR of LESSEE’s intent to assign, sublet, transfer, sublease, contract for the management or operation, permit the occupancy or permit the transfer of the whole or any part of the Demised Premises, evidenced by LESSOR’s ordinance, first had and obtained in each instance. It is mutually agreed that the personal qualifications of the parties controlling the corporation named herein as LESSEE are part of the consideration for the granting of this Lease and said parties do hereby agree to maintain active control and supervision of the operations conducted on the Demised Premises, to maintain its existence, rights, privileges, and franchises within the State of California, and qualify and remain qualified in each jurisdiction in which its present or future operations or its ownership of property requires such qualifications. No assignment, voluntary or involuntary, in 563
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whole or in part of the Lease or any interest therein, and no sublease of the whole or any part of the Demised Premises, and no contract for the management or operation of the whole or any part of the Demised Premises, and no permission to any person to occupy the whole or any part of the Demised Premises, shall be valid or effective without the consent of the LESSOR, first had and obtained in each instance; provided however, that nothing herein contained shall be construed to prevent the occupancy of said Demised Premises by any employee or business invitee of LESSEE.

10. LESSEE’S ACCESS - LESSEE shall have unrestricted right of access to all taxiways, runways and public facilities of the airport and LESSOR shall maintain taxiways sufficient for the use of aircraft to the boundary of the Demised Premises and vehicle access to Demised Premises.

11. IMPROVEMENTS - Within one hundred and twenty (120) days after the commencement date of this Lease, LESSEE shall commence construction and diligently proceed to completion of the improvements consisting of a 19,500 square foot hangar, automobile parking, aircraft parking apron and all required landscaping. In no event shall LESSEE construct or plant any structure or growing improvements, which will exceed thirty-two (32) feet above the highest elevation of the Visalia Municipal Airport runway.

Before commencement of construction the LESSEE shall deliver to LESSOR for LESSOR’s approval 2 sets of preliminary construction plans and specifications prepared by an architect or engineer licensed to practice as such in California, including but not limited to preliminary grading and drainage plans, utilities, sewer and service connections, locations of ingress and egress to and from public thoroughfares and aircraft taxiway, access roads, curbs, gutters, parkways, street lighting, designs and locations for outdoor signs, storage areas, landscaping design and planting materials, and parking plans, all sufficient to enable potential contractors and subcontractors to make reasonably accurate bid estimates and to enable 564
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LESSOR to make an informed judgment about the design and quality of construction and about any effect on the reversion. At essentially the same time, LESSEE shall submit to the Federal Aviation Administration (FAA), Form 7460-1, “Notice of Proposed Construction or Alteration” in accordance with federal regulations. LESSEE understands and agrees that no construction shall commence without the prior approval of said notice and that processing time for said notice may take up to ninety (90) days. All improvements shall be constructed within the exterior property lines of the Demised Premises; provided that required work beyond the Demised Premises on utilities, storm drain line, access road, and other necessary improvements and Site Plan Review requirements do not violate this provision. With the plans, LESSEE shall deliver to LESSOR the certificate of the person or persons who prepared the plans and specifications certifying the LESSEE has fully paid them or waiving payment and waiving any right to a lien for preparing them and permitting LESSOR to use the plans without payment for purposes relevant to and consistent with this Lease.

The LESSEE shall also deliver to the LESSOR the written approval of the plans and specifications by the financial institution that shall have made the commitment for financing the construction.

LESSEE shall prepare final working plans and specifications substantially conforming to preliminary plans previously approved by LESSOR, submit them to the appropriate governmental agencies, including but not limited to the Tulare County Airport Land Use Commission, City of Visalia Site Plan Committee, City of Visalia Plan Check, and the Visalia Airport Advisory Committee. Changes from the preliminary plans shall be considered to be within the scope of the preliminary plans if they are not substantial or if they are made to comply with suggestions, requests, or requirements of a governmental agency or official in connection with the application for permit or approval, even if the governmental agency is LESSOR or the official is an agent or employee of LESSOR, hired for purposes of reviewing such plans, and if they do not depart 565
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substantially in size, utility, or value from the minimum requirements of the paragraph containing description of improvements. Prior to commencement of construction the LESSEE shall:

A. Notify LESSOR of LESSEE’s intention to commence a work of improvement at least 10 days before commencement of any such work or delivery of any materials. The notice shall specify the approximate location and nature of the intended improvements.

LESSOR shall have the right to post and maintain on the Demised Premises any notices of non-responsibility provided for under applicable law, and to inspect the Demised Premises in relation to the construction at all reasonable times.

B. Furnish the LESSOR with a fully executed and recorded copy of the LESSEE’s Contract with the General Contractor engaged to erect the improvements referred to in this paragraph, together with a fully executed and recorded copy of a Completion Bond given by LESSEE or the general contractor in an amount equal to the contract price covering all work of construction and improvement to be undertaken by or through the General Contractor and a copy of a fully executed and recorded Labor and Material Bond in an amount equal to fifty percent (50%) of the contract price guaranteeing payment for all labor and materials used in the construction of the improvements, together with evidence of the General Contractor's financial condition for LESSOR’s approval, at least ten (10) days before commencement of construction. The LESSOR may waive the requirement of giving the bond referred to in this paragraph.

The Contract shall give LESSOR the right but not the obligation to assume LESSEE’s obligations and rights under that Contract if LESSEE should default, subject only to the superior right of assignment held by the lender financing the construction.

LESSOR may disapprove by Notice given within five (5) days following delivery of the copy of the Contract between the LESSEE and Contractor. The Notice shall specify the grounds for disapproval. LESSOR shall not unreasonably disapprove and shall be 566
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considered to have approved in the absence of Notice of Disapproval given within five (5) days after LESSEE furnishes the Contract and evidence specified above.

C. Deliver to LESSOR true copies of all documents to evidence the commitment of financing for any new construction. "Financing" includes both the construction (or interim) financing and the take out (also called permanent or long-term) loan. LESSOR may require by notice that no construction commence until the take out financing is firmly committed but may disapprove the financing only if it violates an express provision of this Lease.

LESSOR shall have the right but not the obligation to assume LESSEE’s financing for any improvements on the Demised Premises. LESSEE shall cause the lender to execute all documentation facilitative of this right. LESSOR’s exercise of this right shall not constitute a waiver of any other right LESSOR may have against LESSEE, any surety or guarantor, or anyone else.

D. Deliver to LESSOR (1) certificates of insurance evidencing coverage for "builder's risk"; (2) evidence of workmen's compensation insurance covering all persons employed in connection with the work and with respect to whom death or bodily injury claims could be asserted against LESSOR or the Demised Premises, and (3) evidence that LESSEE has paid or caused to be paid all premiums on insurance provided for in the paragraphs on insurance, sufficient to assure maintenance of all insurance above during the anticipated course of the work. LESSEE shall maintain, keep in force, and pay all premiums required to maintain and keep in force all insurance above at all times during which such work is in progress.

12. WARRANTIES - GUARANTEES - COVENANTS - LESSOR makes no warranty, guarantee, covenant, including but not limited to covenants of title and quiet enjoyment, or averment of any nature whatsoever concerning the condition of the Demised Premises, including 567
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the physical condition thereof, or any condition which may affect the Demised Premises, and it is agreed that LESSOR will not be responsible for any loss, damage or cost which may be incurred by LESSEE by reason of any such condition or conditions.

13. PROSECUTION OF CONSTRUCTION - Once the work has begun, LESSEE shall with reasonable diligence prosecute to completion all construction of improvements, additions, or alterations. Construction required at the inception of the Lease shall be completed and ready for use within six (6) months after commencement of construction, provided that the time for completion shall be extended for as long as LESSEE shall be prevented from completing the construction by delays beyond LESSEE’s control; but failure, regardless of cause, to complete construction within twelve (12) months following the commencement date of this Lease shall, at LESSOR’s election exercised by notice, terminate this Lease. All work shall be performed in a good and workmanlike manner, shall substantially comply with plans and specifications submitted to LESSOR as required by this Lease and shall comply with all applicable governmental permits, laws, ordinances, and regulation, including those within the jurisdiction of LESSOR.

14. PAYMENT OF CONSTRUCTION COSTS
A. LESSEE shall pay or cause to be paid the total cost and expense of all works of improvements, as that phrase is defined in the Mechanic's Lien Law in effect at the place of construction when the work begins. LESSEE shall not suffer or permit to be enforced against the Demised Premises, or any part of it, any mechanic's, materialman’s, contractor's or subcontractor's lien arising from any work of improvement, however it may arise. However, LESSEE may in good faith and at LESSEE’s own expense contest the validity of any such asserted lien, claim, or demand, provided LESSEE has furnished the bond required in California Civil Code Section 3143 (or any comparable statue hereafter 568
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enacted for providing a bond freeing the Demised Premises from the effect of such a lien claim).

B. If LESSEE does not cause to be recorded the bond described in California Civil Code Section 3143 or otherwise protect the property under any alternative or successor statute, and a final judgment has been rendered against LESSEE by a court of competent jurisdiction for the foreclosure of a mechanic's, materialman’s, contractor’s, or subcontractor's lien claim, and if LESSEE fails to stay the execution of the lien or judgment by lawful means or to pay the judgment, LESSOR shall have the right, but not the duty, to pay or otherwise discharge, stay, or prevent the execution of any such judgment or lien, or both. LESSEE shall reimburse LESSOR for all sums paid by LESSOR under this paragraph, together with all LESSOR’s reasonable attorney's fees and costs.

C. LESSEE shall defend and indemnify LESSOR against all liability and loss of any type arising out of work performed on the Demised Premises by LESSEE, including liability arising from LESSOR’s active or passive negligence, together with reasonable attorney's fees and all costs and expenses incurred by LESSOR in negotiating, settling, defending, otherwise protecting against such claims.

15. FILE NOTICE OF COMPLETION - On completion of any substantial work of improvement during the term, LESSEE shall file or cause to be filed a notice of completion. LESSEE hereby appoints LESSOR as LESSEE’s attorney-in-fact to file the notice of completion on LESSEE’s failure to do so after the work of improvement has been substantially completed.

16. SUPPLY AS BUILT DRAWINGS - On completion of any work of improvement, LESSEE shall give LESSOR notice of all changes in plans or specifications made during the course of the work and shall at the same time and in the same manner, supply LESSOR with "as built" drawings accurately reflecting all such changes. LESSOR acknowledges that it is common practice in the 569
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construction industry to make numerous changes during the course of construction of substantial projects. Changes that do not substantially alter plans and specifications previously approved by LESSOR do not constitute a breach of LESSEE’s obligation.

17. REPAIR AND MAINTENANCE
A. General Repairs and Maintenance - Throughout the entire Lease term, LESSEE shall, at LESSEE’s sole cost and expense maintain the Demised Premises and all improvements thereupon in good condition and repair, including, but not limited to, the interior and exterior of the facility, the landscaping, the paving of the parking lot, aircraft parking apron, the access road, and all other improvements existing and hereafter erected thereupon, to the reasonable satisfaction of the LESSOR, and in accordance with all applicable rules, laws, ordinances, orders and regulations of (1) federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials including LESSOR; (2) the insurance underwriting board, or insurance inspection bureaus having or claiming jurisdiction; and (3) all insurance companies insuring all or any part of the Demised Premises or improvements or both. LESSEE further understands and agrees that the LESSOR shall have the right at all reasonable times to make periodic inspections of LESSEE’s facilities and notify LESSEE in the manner provided for in this Lease, of any conditions in need of repair or concerns LESSOR may have regarding the appearance of the facilities. LESSEE shall make every effort to correct said conditions within a reasonable period of time, however in no instance shall it be longer than ninety (90) days from the date of the notice without the consent of the LESSOR.

B. Extraordinary Repairs and Maintenance - In the event of damage to or the destruction by fire, the elements, acts of God, or any other cause, or, in the event LESSEE’s constructed improvements located within the Demised Premises are declared 570
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unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, including LESSOR, LESSEE shall, within ninety (90) days, commence and diligently pursue to completion the repair, replacement, or reconstruction of improvements necessary to permit full use and occupancy of the Demised Premises for the purpose required by this Lease. Repair, replacement or reconstruction of improvements within the Demised Premises shall be accomplished in a manner and according to plans approved by LESSOR; provided, however, LESSEE shall not be obligated to repair, reconstruct or replace the improvements following their destruction in whole or substantial part except to the extent the loss is covered by insurance required to be carried by LESSEE pursuant to Paragraph 20 of this Lease (or would be covered whether or not such required insurance is actually in effect). If LESSEE elects not to restore, repair or reconstruct as herein provided, the Lease shall terminate and LESSOR shall have any rights to which it would be entitled under the provisions of paragraph 19 of this Lease.

18. OWNERSHIP OF IMPROVEMENTS
A. During the term of this Lease, all improvements constructed on the Demised Premises by LESSEE, as permitted by this Lease, shall be owned by LESSEE until expiration of the term or sooner termination of this Lease. LESSEE shall not, however, remove any improvements from the Demised Premises, except as permitted by this Lease. The parties covenant for themselves and all persons claiming under them that the improvements are personal property.

B. At the end of the Lease term all improvements on the Demised Premises at the expiration of the term or sooner termination of this Lease shall, without compensation to LESSEE, and except as provided for in Section 31 (A)(3), then become LESSOR’s property free and clear of all claims to or against them by LESSEE or any third person, 571
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and LESSEE shall defend and indemnify LESSOR against all liability and loss arising from such claims or from LESSOR’s exercise of the rights conferred by this paragraph.

C. At the expiration or sooner termination of the term of this Lease, LESSOR may, at the LESSOR’s election, demand the removal of all structures, installations and improvements, as specified in the notice provided for below. A demand to take effect at the normal expiration of the term shall be effected by notice given at any time within one month before the expiration date. A demand to take effect on any other termination of the Lease shall be effected by notice given in, or concurrently with, notice of such termination or within 30 days after such termination.

LESSEE shall comply with the notice before the expiration date, for normal termination, and within 60 days after the notice for other termination. The duty imposed by this provision includes but is not limited to the duty to demolish and remove all fuel storage tanks, basements and foundations, fill all excavations, return the surface to grade, and leave the Demised Premises safe and free from debris and hazards; provided that after compliance with a demand for removal of less than all fixtures and improvements, LESSEE shall be required to remedy only willful and negligent injuries to the Demised Premises or remaining improvements or fixtures.

If LESSEE fails to remove such structures, installations or improvements within sixty (60) days, LESSOR shall have the right to have such structures, installations or improvements removed at the expenses of LESSEE. As to any or all structures, installations or improvements that LESSOR does not exercise said option for removal, title thereto shall vest in the LESSOR without cost to LESSOR and without any payment to LESSEE.

19. INSURANCE - “ALL RISKS” BUILDER’S RISK INSURANCE POLICY - Prior to the issuance of any excavation, grading, foundation or building permit on or with respect to the 572
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Demised Premises, and continuing thereafter throughout the term hereof, LESSEE shall maintain, with a reputable and financially responsible insurance company, licensed to do business in California, reasonably acceptable to LESSOR, an “all risk” builder’s risk insurance policy specific to the project, covering loss or damage to all materials, equipment and work involved with regard to improvements on the Demised Premises, including vandalism and malicious mischief and “time element” loss or soft cost coverage, in any amount not less than the replacement cost of all materials, equipment and work risk and in the form acceptable to the LESSOR. Such insurance policy or policies shall waive all rights or subrogation against the City of Visalia, its officers, employees and agents.

20. INSURANCE - BUSINESS INTERRUPTION AND EXTRA EXPENSE COVERAGE - Throughout the term of this Lease, at LESSEE’s sole cost and expense, LESSEE shall keep or cause to be kept in force, for the mutual benefit of LESSOR and LESSEE, a policy of insurance against “Business Interruption and Extra Expense” from loss or damage resulting from hazards to owned or non-owned property which prevents normal operations from continuing. Such coverage shall be on an Actual Loss Sustained basis, in an amount equal to at least one (1) years expected operating profit before taxes (calculated according to generally accepted accounting principles consistently applied) plus expenses, including LESSEE’s financial obligation to LESSOR, that necessarily continue notwithstanding the business interruption. The insurance shall also provide Extended Period of Indemnity provisions for payment of loss until normal operations resume.

21. INSURANCE - FIRE - Throughout the term of this Lease, at LESSEE’s sole cost and expense, LESSEE shall keep or cause to be kept insured for the mutual benefit of the LESSOR, the LESSEE and the holder of any security interest therein, all improvements to the Demised Premises erected thereupon by the LESSEE, against loss or damage by fire and such other risks 573
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as are now or hereafter included in extending coverage endorsements in common use for commercial structures, including vandalism or malicious mischief. The amount of the insurance shall be sufficient to prevent either LESSOR or LESSEE from becoming a coinsurer under the provisions of the policies, but in no event shall the amount be less than the “Full Actual Replacement Value”. Full Actual Replacement value, as used herein, means the cost of repairing, replacing, or reinstating, including demolishing, any item or property with materials of like kind and quality in compliance with any law or ordinance regulating repair or construction at the time of loss, without deduction for physical, accounting, or any other depreciation. LESSOR shall not carry any insurance the effect of which, would be to reduce the protection or payment to LESSEE under any insurance that this Lease obligates LESSEE to carry. If any dispute, whether the amount of insurance complies with the above, cannot be resolved by agreement, LESSOR may, not more often than once every 24 months, request the carrier of the insurance then in force to determine the full insurable value as defined in this provision, and the resulting determination shall be conclusive between the parties for the purpose of this paragraph. LESSEE may include the holder of any mortgage on the leasehold or on the fee or both as a loss payee; on the LESSOR’s notice of demand LESSEE shall include the holder of any mortgage on the fee as a loss payee to the extent of that mortgage interest. LESSOR shall, at LESSEE’s cost and expense, cooperate fully with LESSEE to obtain the largest possible recovery, and all policies of fire extended coverage insurance required by LESSOR shall provide that the proceeds shall be paid to LESSEE as follows:

A. The proceeds shall be deemed to be held in trust by the recipient to the uses and purposes prescribed by this Lease.

B. Payments of the proceeds for repair, restoration, or reconstruction of improvements shall be made monthly on LESSOR’s certificates until the work is completed and accepted.
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C. Any insurance proceeds remaining after complying with the provisions of this Lease relating to maintenance, repair, and reconstruction of improvements shall be the LESSEE’s sole property.

22. INSURANCE - LIABILITY - Throughout the term of this Lease, at LESSEE’s sole cost and expense, LESSEE shall keep or cause to be kept in force, for the mutual benefit of LESSOR and LESSEE, comprehensive broad form general liability insurance against any and all claims and liability for personal injury, death, or property damage arising out of the use, occupancy, disuse or condition of the Demised Premises, personal property thereon, improvements or adjoining areas of ways, providing combined single limit of at least One Million Dollars ($1,000,000.00), for any one accident or occurrence, for bodily injury or death to one or more persons, and at least Five Hundred Thousand Dollars ($500,000.00) for Property damage.

23. INSURANCE - WORKERS COMPENSATION - LESSEE shall maintain Worker’s Compensation insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident or occurrence.

24. INSURANCE - GENERAL REQUIREMENTS - All insurance required by express provisions of this Lease shall be carried only in responsible insurance companies licensed to do business in the State of California. All such policies shall be nonassessable and shall contain language, to the extent obtainable, to the effect that
A. Any loss shall be payable notwithstanding any act or negligence of LESSOR that might otherwise result in a forfeiture of the insurance.

B. The insurer waives the right of subrogation against LESSOR and against LESSOR’s agents and representatives.
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C. The policies are primary and noncontributing with any insurance that may be carried by LESSOR.

D. They cannot be canceled or materially changed except after 30 days’ notice by the insurer to LESSOR or LESSOR’s designated representative.

E. LESSEE shall furnish LESSOR with copies of all such policies promptly on receipt of them, or with certificates evidencing the insurance. Before commencement of the Lease, LESSEE shall furnish LESSOR with binders representing all insurance requirements by this Lease. LESSEE may effect for its own account any insurance not required under this Lease. LESSEE may provide by blanket insurance covering the Demised Premises and any other location or locations any insurance required or permitted under this Lease provided it is acceptable to all mortgagees. LESSEE shall deliver to LESSOR, in the manner required for notices, copies of certificates of all insurance policies required by this Lease, together with evidence satisfactory to LESSOR of payment required for procurement and maintenance of the policy, within the following time limits:

1. For insurance required at the commencement of this Lease, within 30 days after execution of this Lease;

2. For insurance becoming required at a later date, at least 15 days before the requirements takes effect, or as soon thereafter as the requirement, if new, takes effect;

3. For any renewal or replacement of a policy already in existence, at least 30 days before expiration or other termination of the existing policy.

F. LESSOR, and LESSOR’s elected and appointed officials, agents, representatives, and employees are to be named as additional insured under the policy.

If LESSEE fails or refuses to procure or to maintain insurance as required by this Lease or fails to furnish LESSOR with required proof that the insurance has been procured and is in force and paid for, LESSOR shall have the right, at LESSOR’s election and on five (5) days’ notice to 576
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LESSEE, to procure and maintain such insurance. The premiums paid by LESSOR shall be treated as added rent due from LESSEE with interest at the rate of 18% per year, to be paid on the first day of the month following the date on which the premiums were paid. LESSOR shall give prompt notice of the payment of such premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the date of the notice.

25. INDEMNIFICATION - LESSEE agrees to and shall defend and indemnify LESSOR and LESSOR’s elected and appointed officials, agents, representatives and employees against all claims, liability, loss and expense caused or incurred by reason of injury to person or property, or both, including without limitation, injury to the person or property of LESSEE, its agents, officers and employees, arising out of the condition of the Demised Premises or any operations thereof conducted thereupon or therefrom caused by any act of omission or commission by LESSEE, its agents, officers, employees, or invitees, or any other cause whatsoever, or caused by LESSOR, its agents, officers, employees, or invitees, or any other cause whatsoever, specifically to include the sole active negligence of LESSOR, its agents or employees.

LESSOR agrees to and shall defend and indemnify LESSEE and LESSEE’s officers, directors, agents, representatives and employees against all claims, liability, loss and expense caused or incurred by reason of injury to person or property, or both, including without limitation, injury to the person or property of LESSOR arising out of the condition of the Demised Premises or any operations thereof conducted thereupon or therefrom caused by any act or omission or commission by LESSOR, its agents, officers, employees, or invitees, or any other cause whatsoever, or caused by LESSEE, its agents, officers, employees, or invitees, or any other cause whatsoever, specifically to include the sole active negligence of LESSEE, its agents or employees. 577
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26. DEFINITION OF DEFAULT BY LESSEE - Each of the following events shall be a default by LESSEE and a breach of this Lease.

A. Abandonment or surrender of the Demised Premises or of the leasehold estate, or failure or refusal to pay when due any installment of rent or any other sum required by this Lease to be paid by LESSEE, or to perform as required or conditioned by any other covenant or condition of this Lease.

B. The subjection of any right or interest of LESSEE to attachment, execution, or other levy, or to seizure under legal process, if not released within 10 days provided that the foreclosure of any mortgage permitted by provisions of this Lease relating to purchase or construction of improvements shall not be construed as a default within the meaning of this paragraph.

C. The appointment of a receiver to take possession of the Demised Premises, or improvements or of LESSEE’s interest in the leasehold estate, or of LESSEE’s operation on the Demised Premises for any reason, including but not limited to, assignment for benefit of creditors or voluntary or involuntary bankruptcy proceedings, but not including receivership (1) pursuant to administration of the estate of any deceased or incompetent LESSEE, or (2) instituted by LESSOR, the event of default being not the appointment of a receiver at LESSOR’s insistence, but the event justifying the receivership, if any.

D. An assignment by LESSEE for the benefit of creditors or the filing of a voluntary or involuntary petition by or against LESSEE under any law for the purpose of adjudication of LESSEE’s liabilities; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; unless the assignment or proceeding, and all consequent orders, adjudications, custodies, and supervisions are dismissed, vacated, or otherwise permanently stayed or terminated within 30 days after the assignment, filing or other initial event.
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E. Failure to maintain said Demised Premises as required pursuant to the terms of this Lease.

27. NOTICE OF DEFAULT - As a precondition to pursuing any remedy for an alleged default by LESSEE, LESSOR shall, before pursuing any remedy, give notice of default to LESSEE and to all qualifying subtenants whose names and addresses were previously given to LESSOR in a notice or notices from LESSEE. A qualifying subtenant is a subtenant in possession under an existing sublease which is proper under this Lease.

If the alleged default is nonpayment of rent, taxes, or other sums to be paid by LESSEE as provided in the paragraph on rent, or elsewhere in this Lease directed to be paid as rent, LESSEE shall have 10 days after notice is given to cure the default. For the cure of any other default, LESSEE shall promptly and diligently after the notice commence to cure the default and shall have 10 days after notice is given to complete the cure plus any additional period that is reasonably required for the curing of the default. After expiration of the applicable time for curing a particular default, or before the expiration of that time in the event of emergency, LESSOR may at LESSOR’s election, but is not obligated to, make any payment required of LESSEE under this Lease or perform or comply with any covenant or condition imposed on LESSEE under this Lease and the amount so paid plus the reasonable cost of any such performance or compliance, plus interest on such sum at the rate of 10% per year from the date of payment, performance, or compliance (herein called “Act”), shall be deemed to be additional rent payable by LESSEE with the next succeeding installment of rent. No such Act shall constitute a waiver of default or of any remedy for default or render LESSOR liable for any loss or damage resulting from any such Act.

28. REMEDIES IN THE EVENT OF DEFAULT - If any default by LESSEE shall continue uncured, following notice of default as required by this Lease, for the period applicable to the default under the applicable provision of this Lease, LESSOR has the following remedies in 579
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addition to all other rights and remedies provided by law or equity, to which LESSOR may resort cumulatively or in the alternative:

A. LESSOR may, at LESSOR’s election, terminate this Lease by giving LESSEE notice of termination. On the giving of the notice, all LESSEE’s right in the Demised Premises and in all improvements shall terminate. Promptly after notice of termination, LESSEE shall surrender and vacate the Demised Premises and all improvements in broom-clean condition, and LESSOR may re-enter and take possession of the Demised Premises and all remaining improvements and eject all parties in possession or eject some and not others or eject none; provided that no subtenant qualifying under nondisturbance provisions of this Lease shall be ejected. Termination under this paragraph shall not relieve LESSEE from the payment of any sum then due to LESSOR or from any claim for damages previously accrued or then accruing against LESSEE.

B. LESSOR may, at LESSOR’s election, re-enter the Demised Premises, and, without terminating this Lease, at any time and from time to time relet the Demised Premises and improvements or any part or parts of them for the account and in the name of the LESSEE or otherwise. LESSOR shall apply all rents from reletting as in the provision on assignment of subrents. Any reletting may be for the remainder of the term or for a longer or shorter period. LESSOR may execute any Leases made under this provision either in LESSOR’s name or in LESSEE’s name and shall be entitled to all rents from the use, operation, or occupancy of the Demised Premises or improvements or both.

LESSEE shall nevertheless pay to LESSOR on the due dates specified in this Lease the equivalent of all sums required of LESSEE under this Lease, plus LESSOR’s expenses, less the avails of any reletting or attornment. No act by or on behalf of LESSOR under this provision shall constitute a termination of this Lease unless LESSOR gives LESSEE notice of termination.
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C. LESSOR may, at LESSOR’s election, use LESSEE’s personal property and trade fixtures or any of such property and fixtures without compensation and without liability for use or damage, or store them for the account and at the cost of LESSEE.

D. LESSOR shall be entitled, at LESSOR’s election, to each installment of rent or to any combination of installments for any period before termination, plus interest at the rate of 10 percent per year from the due date of each installment. Avails of reletting or attorned subrents shall be applied, when received, as follows: (1) to LESSOR to the extent that the avails for the period covered do not exceed the amount due and charged to LESSEE for the same period, and (2) the balance to LESSEE. LESSOR shall make reasonable efforts to mitigate LESSEE’s liability under this provision. LESSOR shall be entitled at LESSOR’s election to damages in the following sums: (1) all amounts that would have fallen due as rent between the time of termination of this Lease and the time of the claim, judgment, or other award, less that avails of all relettings and attornments and less all amounts by which LESSOR shall reasonably have mitigated those rental losses, plus interest on the balance at the rate of 10 percent per year, and (2) the "worth" at the time of the claim, judgment, or other award, of the amount by which the unpaid rent for the balance of the term exceeds the then fair rental value of the Demised Premises, or the higher/lower of the fair rental value unencumbered by the Lease and improvements. "Worth", as used in this provision, is computed by discounting the total at the discount rate of the Federal Reserve Bank of San Francisco at the time of the claim, judgment, or award, plus one percent. LESSOR shall not be considered to be in default under this Lease unless (1) LESSEE has given notice specifying the default and (2) LESSOR has failed for 10 days to cure the default, if it is curable, or to institute and diligently pursue reasonable corrective or ameliorative acts for noncurable defaults. LESSEE waives the protections of Civil Code Sections 1932 and 1933.
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29. WAIVER OF DEFAULT - No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by either party shall give the other any contractual right by custom, estoppel, or otherwise. The subsequent acceptance of rent pursuant to this Lease shall not constitute a waiver of any preceding default by LESSEE other than that default in the payment of the particular rental payment.

30. LEASE ENCUMBRANCE - LESSEE understands and agrees that it cannot encumber the Lease, leasehold estate and the improvements thereon by a deed of trust, mortgage or other security instrument to assure payment of any promissory note of LESSEE without the prior express written consent of the LESSOR in each instance, which consent shall be at the sole and exclusive discretion of the LESSOR. If any deed of trust, mortgage or other security instrument that encumbers the Lease, leasehold estate and the improvements thereon is entered into by LESSEE without LESSOR’s prior express written consent, LESSOR shall have the right to declare this Lease in default.

31. EMINENT DOMAIN - If the whole or a substantial part of the Demised Premises hereby leased shall be taken by any public authority under the power of eminent domain, the term of this Lease shall cease as to the part taken, from the day the possession of that part shall be taken for any public purpose, and the rent shall be paid up to that day, and from that day LESSEE shall have the right either to cancel this Lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the Demised Premises taken. All damages awarded for such taking shall belong to and be the property of the LESSOR whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Demised Premises herein leased, LESSEE’s only remedies being the election of 582
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cancellation or reduction in rent; provided, however, that LESSOR shall not be entitled to any award made for the taking of any installation or improvements on the Demised Premises belonging to LESSEE.

32. QUITCLAIM OF LESSEE’S INTEREST UPON TERMINATION - Upon termination of this Lease for any reason, including but not limited to termination because of default by LESSEE, LESSEE shall execute, acknowledge and deliver to LESSOR within thirty (30) days after receipt of written demand thereof, a good and sufficient deed whereby all right, title and interest of LESSEE in the Demised Premises is quitclaimed to LESSOR. Should LESSEE fail or refuse to deliver the required deed to LESSOR, LESSOR may prepare and record notice reciting the failure of LESSEE to execute, acknowledge and deliver such deed and said notice shall be conclusive evidence of the termination of the Lease and of all rights of LESSEE or those claiming under LESSEE in and to the Demised Premises.

33. ATTORNEYS’ FEES - If either party brings any action or proceeding to enforce, protect, or establish any right or remedy, the prevailing party shall be entitled to recover reasonable attorneys’ fees. Arbitration is not an action or proceeding for the purpose of this provision.

34. NOTICES - As used in this Lease, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, and appointment. No notice of the exercise of any option or election is required unless the provision giving the election or option expressly requires notice. Unless the provision of this Lease on rent direct otherwise, rent shall be sent in the manner provided for giving notice.

A. Writing. All Notices must be in writing, provided that no writing other than the check or other instruments representing the rent payment itself need accompany the payment of rent.
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B. Delivery. Notice is considered given either (a) when delivered in person to the recipient named as below, or (b) on the date shown on the return receipt after deposit in the United States mail in a sealed envelope or container, either registered or certified mail, return receipt requested, postage and postal charges prepaid, addressed by name and address to the party or persons intended as follows:

Notice to LESSOR: City of Visalia
City Clerk
220 N. Santa Fe Street
Visalia, CA 93292
Copy to: City of Visalia
Airport Manager
9501 Airport Drive
Visalia, CA 93277
Notice to LESSEE: AMS Inc.

C/O Darrell Tunnell
9519 Airport Dr, Hangar 19
Visalia, CA 93291
C. Change of recipient or address. Either party may, by notice given at any time or from time to time, require subsequent notices to be given to another individual person, whether a party or an officer or representative, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 584
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D. Recipient named. Each recipient named must be an individual person. If more than one recipient is named, delivery of notice to any one such recipient is sufficient. If none of the recipients named in the latest designation of recipient is available for delivery in person, and if the notice addressed by mail to each recipient named in the latest designation of recipient is returned to the sender undelivered, notice shall be sufficient if sent by mail as above to the party as named in this Lease, unless the name or identity of the party has changed as permitted in this Lease and proper notice of the change has been given, in which event the notice shall be sufficient if sent by mail as above to the party named in the latest designating party, and the notice is considered given when the first attempt to give notice was properly made.

35. REGULATIONS - LESSEE shall not conduct, or allow to be conducted upon the Demised Premises, any dangerous or hazardous activities, or any activities considered to be a nuisance to the airport or its tenants and neighbors, and LESSEE agrees to abide by all applicable F.A.A. and U.S. Government rules and regulations, including, but not limited to the following:

A. The LESSEE for himself, his heirs, personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the property described herein for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation and as said Regulations may be amended. 585
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B. The LESSEE for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that:

1. No person on the grounds of race, color, sex, age or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities; and

2. That in the construction of any improvements on, over or under such land and the furnishing or services thereon, no person on the grounds of race, color, sex, age or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; and

3. That the LESSEE shall use the Demised Premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation, and as said Regulations may be amended.

C. It is understood and agreed that nothing contained herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958.

D. LESSEE agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service, provided, that LESSEE may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.

E. The LESSOR reserves the right (but shall not be obligated to LESSEE) to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the LESSEE in this regard.
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F. The LESSOR reserves the right to further develop or improve the landing area and all publicly owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of the LESSEE, and without interference or hindrance.

G. The LESSOR reserves the right to take any action it considers necessary to protect aerial approaches of the airport against obstructions, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the LESSOR would limit the usefulness of the airport or constitute a hazard to aircraft.

H. During the time of war or national emergency the LESSOR shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this Lease, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended.

I. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport.

J. There is hereby reserved to the LESSOR, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for passage of aircraft in the airspace above the surface of the Demised Premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport.

K. The Lease shall become subordinate to provisions of any existing or future agreement between the LESSOR and the United States of America, or any agency thereof relative to the operation, development, or maintenance of the airport, the execution of 587
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which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport.

36. CURRENT AND FUTURE AIRPORT REGULATIONS - This Lease and all rights conferred thereby shall at all times be subject to current and future regulations governing any and all activities at the Visalia Municipal Airport to the same extent that such current and future regulations govern the activities of all persons using the facilities of the Visalia Municipal Airport and occupying structures thereon.

37. MODIFICATIONS - It is understood and agreed by and between the parties hereto that any alterations, modifications, or additions to the structural improvements, including landscaping and the paint colors, on the leasehold Demised Premises by the LESSEE can only be instituted by first obtaining written approval of the LESSOR of the plans, locations and specifications of said structural changes. Alterations, modifications, or additions to the interiors of the improvements shall not be considered structural, provided LESSEE agrees to provide LESSOR one set of “as built” plans for said changes within 60 days of completion.

38. SIGNS - LESSEE agrees that no signs will be painted or erected on the subject Demised Premises unless such signage is first approved in writing by LESSOR and is also approved by the City of Visalia in its governmental capacity. All signage painted or erected on the subject Demised Premises or off-site signage for the benefit or use of LESSEE, shall be in compliance with the City of Visalia ordinance related to signs, zoning and building regulations.

39. AFFECT OF ILLEGALITY - The invalidity or illegality of any provision shall not affect the remainder of the Lease.
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40. BINDING ON SUCCESSORS - Subject to the provisions of this Lease on assignment and subletting, each and all of the covenants and conditions of this Lease shall be binding on and shall inure to the benefit of the heirs, successors, executors, administrators, assigns, and personal representatives of the respective parties.

41. SURRENDER ON TERMINATION - At the expiration or earlier termination of the term, LESSEE shall surrender to LESSOR the possession of the Demised Premises. Surrender or removal of improvements, fixtures, and trade fixtures shall be as directed in above provisions of this Lease on ownership of improvements at termination. LESSEE shall leave the surrendered Demised Premises and any other property in good and broom-clean condition except as provided to the contrary in provisions of this Lease on maintenance and repair of improvements. All property that LESSEE is required to surrender shall become LESSOR’s property at the termination of the Lease. All property that LESSEE is not required to surrender but that LESSEE does abandon shall, at LESSOR’s election, become LESSOR’s property at termination. If LESSEE fails to surrender the Demised Premises at the expiration or sooner termination of this Lease, LESSEE shall defend and indemnify LESSOR from all liability and expense resulting from the delay or failure to surrender, including, without limitation, claims made by any succeeding tenant founded on or resulting from LESSEE’s failure to surrender.

42. HOLDOVER - This Lease shall terminate without further notice at expiration of the Lease term. Any holding over by LESSEE after either expiration or termination shall not constitute a renewal or extension, or give LESSEE any rights in and to the Demised Premises, unless as provided in paragraph 2B above. If LESSEE, with LESSOR’s consent, remains in possession of the Demised Premises after expiration or termination of the term or after the date in any notice given by LESSOR to LESSEE terminating this Lease, such possession by LESSEE shall be deemed to be a month-to-month tenancy terminable on thirty (30) days’ notice given at any time 589
Airport Ground Lease Agreement 12/30/2021 Page 34
by either party. During any such month-to-month tenancy, LESSEE shall continue to pay all rent required by this Lease. All other provisions of this Lease, except those pertaining to term, shall apply to the month-to-month tenancy.

43. TIME IS OF THE ESSENCE - Time is of the essence of each and all of the terms and provisions of this Lease and this Lease shall inure to the benefit of and be binding upon the parties hereto and any successors or LESSEE as fully and to the same extent as though specifically mentioned in each instance, and all covenants, stipulations and agreements in this Lease shall extend to and bind any assigns and sublessees of LESSEE.

45. ENTIRE AGREEMENT - This Lease contains the entire agreement between the parties.

No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on his own examination of this Lease, counsel of his own advisors and the warranties, representations, and covenants if any, in the Lease itself. The failure or refusal of either party to inspect the Demised Premises or improvements, to read the Lease or other documents, or to obtain legal or other advise relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection or advise.

46. ABSTRACT OF LEASE - This is the final paragraph and abstract of the Lease dated______________, by and between the City of Visalia, LESSOR and Aircraft Maintenance Services (AMS) Inc., LESSEE, concerning the Demised Premises described in Exhibit “A” attached hereto and by this reference made a part hereof.

For good and adequate consideration, LESSOR leases the Demised Premises to LESSEE, and LESSEE hires from LESSOR, for the term and on the provisions contained in the Lease including, without limitation, provisions prohibiting assignment, subleasing, and 590
Airport Ground Lease Agreement 12/30/2021 Page 35
encumbering said Lease without the express written consent of LESSOR in each instance, all as more specifically set forth in this abstract by this reference.

The term is thirty-five (35) years, beginning on _____________ and ending on _________.

This abstract is not a complete summary of the Lease. Provisions in the abstract shall not be used in interpreting the Lease provisions. In the event of conflict between the abstract and other parts of the Lease, the parts contained within the Lease shall control. Execution hereof constitutes execution of the Lease itself.

47. VENUE
This contract is to be construed by the laws of the State of California with venue only in Tulare County, or the United States District Court for the Eastern District of California.

AMS Inc, LESSEE
Dated: __________________ by:______________________________ Darrell Tunnell, AMS INC.

CITY OF VISALIA, LESSOR
Dated: __________________, by:______________________________ Leslie Caviglia, City Manager
APPROVED AS TO FORM:

Dated: __________________, by:______________________________ Ken Richardson, City Attorney
Dated: __________________, by:______________________________ Charlotte Dunn, Risk Management
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593
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City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0690 Agenda Date: 1/18/2022 Agenda #: 1.

Agenda Item Wording:

Presentation of the proposed 2022 Citizens Advisory Committee (CAC) Annual Public Opinion Survey
Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number:

Frank Ruiz, CAC Chair, [email protected], (909) 215-8306 Jason Serpa, Public Works Manager, [email protected], (559) 713-4533 Department Recommendation:

The Citizens Advisory Committee (CAC) recommends that the City Council review and approve this year’s proposed public opinion survey for a scheduled release in March, with discussion and input on new questions to be included.

Background Discussion:

Each year, since the 1970’s, the City of Visalia has conducted a public opinion survey to gauge the sentiments and opinions of citizens regarding various City services, programs, and projects. The survey has been conducted in various formats through the years, including online and in person. The CAC is proposing to conduct a public opinion survey to determine the public’s satisfaction with City services and is bringing forward the draft version for Council approval. Due to the pandemic last year, the survey was only conducted online. This year, the CAC Committee is willing to conduct in person surveys once again at various locations throughout the City.

The majority of the survey remains unchanged from year to year to better measure trends and changes in public opinion. This is consistent with survey methodology. However, each year the CAC typically changes or inserts one or two questions related to issues of particular current interest or concern. City Council is also able to recommend changes to these proposed questions or make suggestions for a new question to be added.

Apart from the proposed questions this year, the CAC has also approved and added a new demographic question. The question is as follows:
“Do you identify yourself as a person with a disability or a caretaker of a disabled individual?” 1 - Yes 2 - No
Proposed New Questions: The Citizens Advisory Committee is proposing new questions that cover several topics. There are four new questions, and at Council discretion, the questions may be unincluded or amended. Council may also suggest a new question to be added. The proposed City of Visalia Page 1 of 3 Printed on 1/14/2022
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File #: 21-0690 Agenda Date: 1/18/2022 Agenda #: 1.
questions are as follows:

1. It is expected that by 2035, almost all vehicle sales in California will be zero emission vehicles.

Should the City take steps to begin installing EV charging stations? 1 - Yes 2 - No 3 - Not interested

2. Which would you most likely do to reduce air pollution? a. Purchase a clean air vehicle
b. Use public transit
c. Ride a bicycle for work/school
d. None of the above

3. How do you feel about the City of Visalia’s overall effort to Go Green? 1 - Very Poor 2 - Poor 3 - Average 4 - Good 5 - Excellent

4. How do you feel about the accessibility for disabled persons in the City of Visalia? 1 - Very Poor 2 - Poor 3 - Average 4 - Good 5 - Excellent It must be mentioned that any result can be cross tabulated with any demographic within the survey and staff is willing to calculate these types of results at City Council’s request. The CAC believes that these questions, when cross tabulated with other demographics, may prove useful.

Fiscal Impact:

N/A
Prior Council Action:

Council has annually reviewed and approved the final version of the Public Opinion Survey to be conducted by the Citizen’s Advisory Committee.

Other:

The CAC reviewed recommended revisions to the survey, as developed by their subcommittee and approved the proposed recommendations at their December 2, 2021 meeting.

Alternatives:

Council may direct the CAC to develop new questions or modify the survey.

Recommended Motion (and Alternative Motions if expected):

I move to approve the Citizen’s Advisory Committee’s 2022 Public Opinion Survey, which will be released online beginning in March 2022.

Alternative Motion: I move to approve the Citizen’s Advisory Committee’s 2022 Public Opinion Survey with Council’s modifications.

Environmental Assessment Status:

Click or tap here to enter text.

CEQA Review:

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Click or tap here to enter text.

Attachments:
2022 Public Opinion Survey Draft
2022 Proposed New Questions
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2022 CITY OF VISALIA

PUBLIC OPINION SURVEY

1. What part of the city do you live in if Mooney
Blvd. and Hwy 198 are considered the cross section?
1 - Northeast 2 - Southeast 3 - Northwest 4 - Southwest

2. How do you rate the City of Visalia’s efforts at providing a safe community?
1 - Very Low 2 - Low 3 - Average 4 - High 5 - Very High

3. Have you had service contact with the Visalia Police Department in the past year? (If “No”, go to question 4)
Yes No
If you answered “Yes”, how would you rate the service you received? 1 - Very Poor 2 - Poor 3 - Average 4 - Good 5 - Excellent

4. Have you had service contact with a Visalia Firefighter in the past year? (If “No”, go to question 5)
Yes No
If you answered “Yes”, how would you rate the service you received? 1 - Very poor 2 - Poor 3 - Average 4 - Good 5 - Excellent

5. What do you consider to be the most essential city service besides Police and Fire?
1 - Road Maintenance 2 - Park Maintenance 3 - Traffic Signs & Signals 4 - Recreation Activities 5 - Other

6. During this last year, how many times have you visited or attended activities at?
City Parks 1 - None 2 - 1 to 2 times 3 - 3 to 4 times 4 - 5 or more Convention Center 1 - None 2 - 1 to 2 times 3 - 3 to 4 times 4 - 5 or more City Trails 1 - None 2 - 1 to 2 times 3 - 3 to 4 times 4 - 5 or more Downtown Visalia 1 - None 2 - 1 to 2 times 3 - 3 to 4 times 4 - 5 or more

7. How do you rate the following services in Visalia?
Police Emergency Response
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Fire Emergency Response
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Private Ambulance
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed City Road Maintenance
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Traffic Management
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Bus Services
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Street Lighting
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Community Services for Seniors
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Recreational Activities
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Services for People with Disabilities
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Park Maintenance
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Garbage & Recycling Collection
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Convention Center
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed 598

8. How long have you lived in Visalia?
1 - Fewer than 2 years 2 - 2 to 5 years
3 - 6 to10 years 4 - More than 10 year

9. Are you a registered voter?
Yes No

10. Do you own or rent your home?
1 - Own 2 - Rent 3 - Other

11. What is your race?
1 – Hispanic/Latino 2 – White
3 – Black/African American 4 – American Indian
5 – Asian 6 - ___________

12. What is your gender?
1 – Female 2 – Male
3 - Non-binary/ third gender 4 - Prefer to self-describe ______________ 5 - Prefer not to say

13. What is your age group?
1 - 18 to 34 2 - 35 to 54 3 - 55 and over

14. What was your household’s total income before taxes last year? 1 - Less than $15,000 2 - $15,000 to $40,000
3 - $40,000 to $70,000 4 - $70,000 to $100,000
5 $100,000 and over 6 - Decline to state

15. Do you identify yourself as a person with a disability or a caretaker of a disabled individual?
1 – Yes 2 - No

16. What is the most important thing that the City of Visalia should be working on to make Visalia better?

17. Taking all things into consideration, how would you rate the overall quality of life in the City of Visalia?
1 - Very Low 2 - Low 3 - Average 4 - High 5 - Very High

18. Which would be the best source for you to access City information?
1 – Social Media 2 – City Website 3 – Mail (Postal Service) 4 – E-mail Which social media site do you primarily use?
1 – Facebook 2 – Twitter 3 – Instagram 4 – Other 5 – None The City of Visalia produces an e-mail newsletter. Would you like to receive the newsletter? If so, please provide your email address below.

(Comment in this area)
599
2022 CITY OF VISALIA

PUBLIC OPINION SURVEY

PROPOSED QUESTIONS

1. Which would you be most likely to do to reduce vehicle air pollution?
a. Purchase a clear air vehicle.
b. Take Public Transit once per week.
c. Ride a bicycle for work or school at least once per week.

2. It is expected that by 2035, almost all vehicle sales in California will be zero emission vehicles. Should the City take steps to install more EV charging stations?
a. Yes
b. No
c. Not interested

3. How do you feel about the disabled access in the City of Visalia?
1 - Very Poor 2 - Poor 3 - Average 4 - Good 5 – Excellent

4. How do you feel about the City’s overall effort to Go Green? 1 - Very Poor 2 - Poor 3 - Average 4 - Good 5 – Excellent 600
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0685 Agenda Date: 1/18/2022 Agenda #: 2.

Agenda Item Wording:

Consider the extension of Ordinance No. 2021-10, an interim zoning ordinance adopted as an urgency measure to regulate the location of smoke shops and tobacco shops, Citywide. (4/5’s approval of the Council required for passage.)
Deadline for Action: 1/18/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:

Staff recommends that the City Council extend Ordinance No. 2021-10, an interim ordinance, as an urgency measure to regulate the location of smoke shops and tobacco stores citywide.

Summary:

On December 6, 2021, the City Council Ordinance No. 2021-10. The interim ordinance was considered under Government Code section 65858, which permits the adoption of interim zoning ordinances as an urgency measure upon findings that there is a current and immediate threat to the public health, safety, or welfare.

The City Council made the findings, as stated in the attached ordinance, that these uses pose an immediate threat to the public health, safety, or welfare. The City Council finds and declares that there is a current and immediate threat to public health, safety, and welfare, caused by youths using tobacco products that requires the adoption of the proposed interim zoning ordinance while a more specific amendment to the Zoning Ordinance is reviewed in the normal process by the City.

Furthermore, the City Council finds and declares that approving additional conditional use permits to allow additional Smoke Shops/Tobacco Stores near specified sensitive uses or within close proximity of an existing Smoke Shop/Tobacco Store would potentially be in conflict with the stated goals of the City of Visalia General Plan and Zoning Ordinance to preserve and promote the public health, safety, and welfare of the city by creating conditions that would increase the visibility and usage of tobacco products within the community making it more likely that youth might utilize tobacco products.

However, pursuant to Government Code section 65858, the interim ordinance voids after 45 days after its adoption unless extended by a subsequent 4/5 approval by the legislative body after a public hearing with notice of hearing published at least 10 days prior to the hearing along with posting the notice of hearing at least 10 days before the hearing in at least three public places. The interim ordinance is set to expire on January 20, 2022. A public hearing notice was published in the Visalia Times Delta, and the hearing notice was posted in three public places for the January 18th hearing date.

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File #: 21-0685 Agenda Date: 1/18/2022 Agenda #: 2.

Staff is requesting the City Council extend interim Ordinance No. 2021-10, for an additional 10 months pursuant to Government Code section 65858. Staff will be bringing the zoning text amendment through the public hearing process by early 2022 with the anticipated public hearing date for Planning Commission on February 28, 2022, and City Council on March 21, 2022. The hearing dates for both the Planning Commission and City Council meetings are beyond the initial 45 days the urgency ordinance was adopted.

Staff’s request for the extension on the interim ordinance is to facilitate the completion of staff’s analysis on potential changes to the zoning ordinance related to Smoke Shops and Tobacco Stores.

These potential permanent changes will be considered through the normal process to formally approve the proposed regulations after review by the Visalia Planning Commission and then the Visalia City Council. Those permanent regulations would be subject to further modification or disapproval during that process.

Background Discussion:

During the November 15, 2021, City Council work session, the City Council received a staff report and presentation on potential changes to the City of Visalia Zoning Ordinance. Specifically, potential regulations on the allowed locations of a Smoke Shop/Tobacco Store were discussed. During this meeting, City Council indicated that additional regulations represent an urgent public policy that should be made without delay. In response to this direction from City Council, a proposed interim ordinance was adopted by the City Council on December 6, 2021.

The City of Visalia Zoning Ordinance, in Section 17.04.030 defines Smoke Shop/Tobacco Store as follows: “Business with sales of tobacco, either loose or prepared as cigarettes and products for smoking constituting more than thirty (30) percent of gross sales and/or thirty (30) percent of net lease area.” A Smoke Shop/Tobacco Store is currently allowed under the current City of Visalia Zoning Ordinance in the Commercial Mixed Use (C-MU) and Downtown Mixed Use (D-MU) within the City of Visalia with a Conditional Use Permit (CUP) issued under Visalia Municipal Code Chapter

17.38. It should be noted that under the current Zoning Ordinance this type of business is not permitted “by right” and is only allowed with a conditional use permit.

In recent years, the City of Visalia has seen an increase in requests for CUPs to operate a Smoke Shop/Tobacco Store. In a recent instance, such a usage was proposed within 400 feet of an elementary school. The City of Visalia Zoning Ordinance considers schools a sensitive usage and restricts some types of activities within specified distance of a school. That proposed use was approved because the current Zoning Ordinance is silent regarding this type of commercial activity near schools. The City Council, during the November 15, 2021 meeting, considered potential zoning ordinance changes that could place restrictions on proximity of this type of use from sensitive land uses and determined that additional regulation would be in the interest of the public health, safety, or welfare.

Data from the Centers for Disease Control (CDC) indicate that most persons that smoke began by the age of 18. Data from the CDC also indicate that social and physical environments, seeing other youth use tobacco products, and advertising of tobacco products can increase the likelihood of youths using tobacco products. Concerns have been raised that allowing Smoke Shops/Tobacco Stores near where youth congregate or for such stores to be located in close proximity can increase their visibility. Smoke Shops/Tobacco Stores are focused on the sale of tobacco products and these types of stores, by their operation and normal business practices, raise the visibility of tobacco City of Visalia Page 2 of 4 Printed on 1/14/2022
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types of stores, by their operation and normal business practices, raise the visibility of tobacco products. Increased visibility can increase the likelihood of youths using tobacco products, which is a threat to the public health, safety, or welfare.

In order to avoid the potential threat that the approval of a conditional use permit allowing a Smoke Shop/Tobacco Store near places where youth congregate or in close proximity to such stores, the following regulations were adopted on an interim and immediate basis:

A. There shall be a 750-foot separation requirement for Smoke Shops/Tobacco Stores from schools, libraries, licensed daycare facilities, parks, or other recreational facilities that are privately or publicly owned where minors congregate.

B. Smoke Shops/Tobacco Stores shall not be permitted to overly concentrate in one area. Over concentration shall be presumed to apply when a new Smoke Shop/Tobacco Store is sought to be opened within 750-feet of a currently permitted and operating Smoke Shop or Tobacco Store.

The proposed restrictions would not represent a moratorium or ban on the sale of tobacco products.

The ordinance would also not impact existing businesses that are operating under conditional use permits. The regulations are intended to reduce the visibility of tobacco products, particularly in areas where minors congregate. These regulations are intended to be interim while permanent regulations are discussed in more detail through the standard process for zoning text amendments.

Fiscal Impact:

None.

Prior Council Action:
· On November 15, 2021, a Work Session item was presented to City Council and direction was provided regarding potential changes to be considered to the zoning ordinance related to Shop Shops and Tobacco Stores.
· On December 6, 2021, the City Council adopted Ordinance No. 2021-10, an interim zoning ordinance to be adopted as an urgency measure to regulate the location of smoke shops and tobacco shops, Citywide.

Other: None.

Alternatives:

1. Revise or decline staff’s request to extend interim Ordinance No. 2021-10.

Recommended Motion (and Alternative Motions if expected):

I move to extend Ordinance No. 2021-10, an interim zoning ordinance urgency measure to regulate the location of smoke shops and tobacco shops, Citywide.

Environmental Assessment Status: None.

CEQA Review:

None.

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File #: 21-0685 Agenda Date: 1/18/2022 Agenda #: 2.

Attachments:

1. Ordinance No. 2021-10
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ORDINANCE NO. 2021 - 10

AN INTERIM ORDINANCE TO REGULATE THE LOCATION OF SMOKE

SHOPS/TOBACCO STORES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

SECTION 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City of Council of the City of Visalia hereby makes the followings findings:

A. The City of Visalia Zoning Ordinance, in Section 17.04.030, defines Smoke Shop/Tobacco Store as follows: “Business with sales of tobacco, either loose or prepared as cigarettes and products for smoking constituting more than thirty (30) percent of gross sales and/or thirty (30) percent of net lease area.” B. A Smoke Shop/Tobacco Store is currently allowed under the current City of Visalia Zoning Ordinance in the Commercial Mixed Use (C-MU) and Downtown Mixed Use (D-MU) within the City of Visalia with a Conditional Use Permit (CUP) issued under Visalia Municipal Code Chapter 17.38.

C. In recent years the City of Visalia has seen an increase in requests for CUPs to operate a Smoke Shop/Tobacco Store. In a recent instance such a usage was proposed within 400 feet of an elementary school. The City of Visalia Zoning Ordinance considers schools a sensitive usage and restricts some types of activities within specified distance of a school.

D. Although the recent instance of a proposed Smoke Shop/Tobacco Store near a school raised concerns over the proximity the usage was allowed because the current City of Visalia Zoning Ordinance is silent regarding this type of commercial activity near schools. The City Council has since considered whether a specific policy should be adopted and has determined that it would be in the interest of the public health, safety, or welfare.

E. The increase in requests for the operation of a Smoke Shop/Tobacco Store that has occurred in recent years does not appear to be slowing, which has raised concerns of whether a proliferation of such types of uses could increase the rate of youth smoking within the City of Visalia.

F. The City of Visalia has directed staff to research specific additional zoning ordinance regulations over the location of a Smoke Shop/Tobacco Store near sensitive uses, and in proximity to one another that could be permanently adopted to balance the need to minimize the visibility of such products to youths while allowing the sale of legal products. However, such a modification will take additional time to be reviewed and prepared.
605
G. According to the federal Centers for Disease Control (CDC) 9 in 10 adult smokers in the United States begin smoking by the age of 18 and nearly all (99%) of smokers first try smoking by the age of 26. On average every day in the United States approximately 1,600 youths smoke their first cigarette.1 Youths utilizing tobacco products are a public health risk.

H. Concerns have been raised in the community that allowing Smoke Shop/Tobacco Store near schools or other areas where youth congregate increases the visibility of such products to youth, essentially allowing the existence of such stores to serve as advertising for tobacco products.

I. Concerns have been raised that allowing multiple Smoke Shops/Tobacco Stores to congregate in proximity would also increase their visibility within the community and make tobacco products appear popular and cause less consideration of potential health risks.

J. The CDC has determined that social and physical environments, such as mass media portrayals of tobacco products, seeing other youth use tobacco products, or seeing parents use tobacco products, can make youth more likely to try such products. In addition, access, availability, and visibility of tobacco products can increase the likelihood of youths using tobacco.2 Allowing stores near locations where youth congregate increases the visibility of such products and creates a greater likelihood of youth seeing persons use tobacco products and consider such usage as favorable or desirable.

K. The City Council finds and declares that there is a current and immediate threat to public health, safety, and welfare, caused by youths using tobacco products that requires the adoption of the proposed interim zoning ordinance while a more specific amendment to the Zoning Ordinance is reviewed in the normal process by the City.

L. Further the City Council finds and declares that approving additional conditional use permits to allow additional Smoke Shops/Tobacco Stores near specified sensitive uses or within close proximity of an existing Smoke Shop/Tobacco Store would potentially be in conflict with the stated goals of the City of Visalia General Plan and Zoning Ordinance to preserve and promote the public health, safety, and welfare of the city by creating conditions that would increase the visibility and usage of tobacco products within the community making it more likely that youth might utilize tobacco products.

1 CDC Youth and Tobacco Use Fact Sheet accessed
https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm 2 CDC Youth and Tobacco Fact Sheet – see above.
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M. The City Council finds and declares that the zoning regulations on Smoke Shops/Tobacco Stores shall be adopted on an interim and immediate basis to protect the public health, safety, and welfare of the community while the more permanent regulations are reviewed in additional detail.

SECTION 2. While this interim ordinance is in effect the following regulatory standards shall apply as additional limitations under the Visalia Zoning Ordinance on the permissible location of a “Smoke Shop/Tobacco Store” as that term is defined in Visalia Municipal Code section 17.04.030. Businesses that are already operating under conditional use permits that have been issued prior to the date of this interim ordinance may continue to operate outside these regulatory limitations as they would constitute legal non-conforming use.

A. There shall be a 750-foot separation requirement for Smoke Shops/Tobacco Stores from schools, licensed daycare facilities, parks, or other recreational facilities that are privately or publicly owned where minors congregate.

B. Smoke Shops/Tobacco Stores shall not be permitted to overly concentrate in one area. Over concentration shall be presumed to apply when a new Smoke Shop/Tobacco Store is sought to be opened within 750-feet of a currently permitted and operating Smoke Shop or Tobacco Store.

SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.

SECTION 4. This Ordinance shall take effect immediately as an interim zoning ordinance under the provisions of California Government Code section 65858. It shall be of no further force and effect forty-five (45) days from its adoption unless it is extended pursuant to Government Code section 65858(a).

SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law. 607
PASSED AND ADOPTED:

ATTEST:

APPROVED AS TO FORM
BY CITY ATTORNEY:
608
City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0687 Agenda Date: 1/18/2022 Agenda #: 3.

Agenda Item Wording:

A Public Hearing to consider an appeal of the Planning Commission’s approval of Conditional Use Permit No. 2021-28, a request by Caldwell-Mooney Partners II, L.P. to allow a medical use within a portion of an existing 10,200 square foot multi-tenant commercial building. The new medical clinic will be approximately 6,526 square feet in area and will be located within the C-R (Regional Commercial) zone district. The project is located at 3221 South Mooney Boulevard (APN: 121-100- 054).

Deadline for Action: 1/18/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Rafael Garcia, Senior Planner, [email protected] <mailto:[email protected]>, (559)713-4031
Mike Olmos, Interim City Planner, [email protected] <mailto:[email protected]>, (559) 713-4449
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:

Staff recommends that the City Council receive a staff presentation and comments from the appellant, hold a public hearing, and adopt Resolution No. 2022-04 denying the appeal and upholding the Planning Commission’s approval of Conditional Use Permit No. No. 2021-28.

Summary:

The appellant is appealing the Planning Commission’s decision to approve Conditional Use Permit No. 2021-28, approving a medical clinic within an existing commercial building located at 3221 South Mooney Boulevard. The Conditional Use Permit is for a 6,526 square foot medical clinic within an existing 10,200 square foot commercial building in the C-R (Regional Commercial) zone. The proposed medical clinic is proposing to locate into the west end of the building as depicted in Exhibit “A”. The applicant has also provided a floor plan (see Exhibit “B”) depicting the tenant improvements associated with this project. The item went before the Planning Commission for consideration as a public hearing item on December 13, 2021 and was unanimously approved.

Background Discussion:

Project Description
As depicted in Exhibit “A”, Conditional Use Permit No. 2021-28 is a request to locate a 6,526 square foot medical clinic within an existing commercial building located at 3221 South Mooney Boulevard within the C-R zone. According to the lessee’s Operational Statement (see Exhibit “C“), this facility will have 10 full-time employees. The operating hours for the medical office will be from 9:00 a.m. to 5:00 p.m. Monday through Friday and 9:00 a.m. to 2:00 p.m. on Saturday. The office will have two City of Visalia Page 1 of 4 Printed on 1/14/2022
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File #: 21-0687 Agenda Date: 1/18/2022 Agenda #: 3.
5:00 p.m. Monday through Friday and 9:00 a.m. to 2:00 p.m. on Saturday. The office will have two physicians onsite daily, and it is expected to receive as many as 40 patients per day. The proposed medical clinic is occupying an area of the building that was occupied in the past by a day spa/salon, Weight Watchers, and a clothing store. The remaining area of the commercial building is currently occupied by Aspen Dental.

Planning Commission Public Hearing:

The Planning Commission conducted a public hearing on December 13, 2021, for Conditional Use Permit No. 2021-28. The request was to establish a medical clinic within an existing commercial building within the C-R zone. The Planning Commission received the information contained in the staff report, a staff presentation and public testimony from the applicant.

The staff report packet provided to the Planning Commission also included a letter from the appellant who was opposed to the conditional use permit request. The appellant did not provide verbal testimony before the commission during the public hearing. At the conclusion of public testimony, the Planning Commissioners asked questions regarding onsite parking. These questions were answered to the satisfaction of the Commissioners prior to their deliberations and final vote on the project.

The Planning Commission is required by City ordinance to make the following findings before a conditional use permit can be granted. The findings are the following:

1. That the proposed project will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed conditional use permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The Visalia Zoning Matrix identifies medical clinic as a conditional use in the C-R zone and requires the submittal and approval of a CUP application. Through the CUP process, potential impacts can be addressed thereby ensuring compatibility between the proposed use and existing surrounding uses. The proposed medical clinic will not have a negative impact on surrounding uses given the fact that sufficient on-site parking is provided, the site’s proximity to the major street and other office and commercial uses within the area. b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity. The Visalia Zoning Matrix identifies medical clinics as a conditional use in the C-R zone and requires the submittal and approval of a CUP application. Through the CUP process, potential impacts can be addressed thereby ensuring compatibility between the proposed use and existing surrounding uses. The proposed medical clinic will not have a negative impact on surrounding uses given the fact that ample on-site parking is provided, the sites proximity to the major street and other office and commercial uses within the area.

1. That the project is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) for minor alterations in land use limitations. (Categorical Exemption No. 2021-48).

The Planning Commission supported staff’s recommendation to approve the conditional use permit City of Visalia Page 2 of 4 Printed on 1/14/2022 powered by Legistar™610
File #: 21-0687 Agenda Date: 1/18/2022 Agenda #: 3.

The Planning Commission supported staff’s recommendation to approve the conditional use permit on the basis that the findings to approve the request could be made in favor of the request and thus adopted the findings in Resolution No. 2021-49 approving Conditional Use Permit No. 2021-28. The signed resolution is attached to this report.

Appeal:

On December 20, 2021, staff received an appeal of the Planning Commission’s approval of Conditional Use Permit No. 2021-28. The appeal was submitted by David H. Paynter on behalf of Paynter Realty & Investments, Inc. The reasons for the appeal included concern that a medical clinic required extended parking time for their clientele which would not be compatible with the surrounding retail, and concern that the assumed tenant could result in demonstrations in the area, which could be detrimental to current and future retail businesses in the area. (Copy of letter of appeal is attached.)
No other supporting documents were filed with the appeal.

Analysis:

The Zoning Ordinance Section 17.25.030 permits medical clinics within the C-R zone with approval of a conditional use permit. The appellant is appealing the approval of the Conditional Use Permit due to concerns pertaining to extended parking time that may be required for medical clinic’s clientele; and because they have concerns of demonstrations occurring outside of the proposed medical clinic. During the public hearing held on December 13, 2021, the Planning Commission reviewed the staff report, considered all public testimony, and approved the Conditional Use Permit request approving the medical clinic use. Furthermore, the correspondence provided by the appellant was forwarded to the Planning Commission for their review. During the public hearing, the Planning Commission inquired about the parking situation at the shopping center.

The commercial area is a multi-tenant commercial center with several tenants including Bed, Bath & Beyond, Marshalls, Burger King and Aspen Dental. With the addition of the new medical use as part of the property located at 3221 South Mooney Boulevard, the total parking requirement for the project site (i.e., clinic site) will be 51 parking stalls. However, an Administrative Adjustment approved back in 2012 (Administrative Adjustment No. 2012-04) allowed for a reduction to the required parking to 41 parking stalls. The applicant has provided two potential parking configurations that will provide a minimum of 35 onsite parking stalls. The applicant will also provide an additional 10 parking spaces via a proposed parking agreement from the adjacent property located at 3103 South Mooney Boulevard. The proposed project will comply with the city’s parking requirements with the inclusion of the parking agreement to allocate an additional 10 parking stalls from the adjacent property. The adjacent property (see Exhibit “A”) currently has a total of 41 parking spaces onsite. The future restaurant on the adjacent site will require a total of 28 parking spaces based on the city’s parking requirements. This will result in a parking surplus of a minimum of 10 parking spaces that may be utilized as part of the parking agreement to provide sufficient onsite parking for the proposed medical clinic. The adjacent site will continue to comply with their parking requirement after the reduction of 10 onsite parking spaces based on the new restaurant use that is proposed within the vacant building (see Exhibit “A”). Please note, the vacant building located at 3103 South Mooney Boulevard was previously occupied by a restaurant and bakery known as Ryan’s Place.

The attached City Council Resolution (No. 2022-04) includes an analysis of the findings thereby upholding the Planning Commission’s approval of Conditional Use Permit No. 2021-28.

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File #: 21-0687 Agenda Date: 1/18/2022 Agenda #: 3.

Recommended Motion (and Alternative Motions if expected):

I move to deny the appeal and uphold the Planning Commission’s decision to approve Conditional Use Permit No. 2021-28.

Environmental Assessment Status:

The requested action is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2021-48). Projects determined to meet this classification consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the use beyond that existing at the time of the lead agency’s determination. The types of “existing facilities” itemized in the Class 1 are not intended to be all-inclusive of the types of projects.

Attachments:

1. City Council Resolution No. 2022-04

2. Appeal Request

3. Planning Commission Staff Report

4. Planning Commission Resolution No. 2021-49

5. Exhibit "A" - Site Plan

6. Exhibit “B” - Floor Plan

7. Exhibit “C” - Operational Statement

8. Site Plan Review Comments

9. General Plan Land Use Map

10. Zoning Map

11. Aerial Photo

12. Vicinity Map
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RESOLUTION NO. 2021-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA

DENYING THE APPEAL AND UPHOLDING THE PLANNING
COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT NO.
2021-28, A REQUEST BY CALDWELL-MOOONEY PARTNERS II, L.P.

TO ALLOW A NEW MEDICAL CLINIC WITHIN A PORTION OF AN

EXISTING COMMERCIAL BUILDING WITHIN THE C-R (REGIONAL
COMMERCIAL) ZONE AND LOCATED AT 3221 SOUTH MOONEY
BOULEVARD (APN: 121-100-054).

WHEREAS, Conditional Use Permit No. 2021-28, is a request by ColdwellMooney Partners II, L.P. to allow a medical clinic within a portion of an existing 10,200 square foot multi-tenant commercial building within the C-R (Regional Commercial) Zone. The project is located at 3221 South Mooney Boulevard (APN: 121-100-054); and WHEREAS, the Planning Commission of the City of Visalia, after a duly published public hearing notice, conducted said public hearing on December 13, 2021, and concluded said hearing on that date; and
WHEREAS, the Planning Commission of the City of Visalia found Conditional Use Permit No. 2021-28 to be in accordance with Title 17 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, the Planning Commission approved Conditional Use Permit No. 2021-28 based on the findings contained within Resolution No. 2021-49, consistent with Visalia Municipal Code Section 17.38.110; and
WHEREAS, an appeal of the Planning Commission’s approval of Conditional Use Permit No. 2021-28, was received on December 20, 2021; and WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice held a public hearing before said Council on January 18, 2022; and WHEREAS, the City Council finds the approval of Conditional Use Permit No. 2021-28 was made in accordance with Chapter 17.38 (Conditional Use Permits) of the City of Visalia, based on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, the project is exempt from further environmental review pursuant to CEQA Section 15301.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the proposed project will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed conditional use permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The Visalia Zoning Matrix identifies medical offices as a conditional use in the C-R zone and requires the submittal and approval of a CUP application. Through the CUP process, potential impacts can be addressed thereby ensuring compatibility between the proposed use and existing surrounding uses. The proposed medical office will not have a negative impact on surrounding uses given the fact that sufficient on-site parking is provided, the sites proximity to the major street and other office and commercial uses within the area.
b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity. The Visalia Zoning Matrix identifies medical clinic as a conditional use in the C-R zone and requires the submittal and approval of a CUP application.

Through the CUP process, potential impacts can be addressed thereby ensuring compatibility between the proposed use and existing surrounding uses. The proposed medical office will not have a negative impact on surrounding uses given the fact that sufficient on-site parking is provided, the site’s proximity to the major street and other office and commercial uses within the area.

BE IT FURTHER RESOLVED that the City Council denies the appeal, and upholds the approval of Conditional Use Permit No. 2021-28 on the real property here in above described in accordance with the terms of this resolution, and under the provisions of the Zoning Ordinance of the City of Visalia. 614
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REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: December 13, 2021
PROJECT PLANNER: Rafael Garcia, Senior Planner
Phone No.: (559) 713-4031
E-mail: [email protected]
SUBJECT: Conditional Use Permit No. 2021-28: A request by Matt Nohr on behalf of the Orosco Group, to allow a medical use within a portion of an existing 10,200 square foot multi-tenant commercial building. The new medical clinic will be approximately 6,526 square feet in area and will be located within the C-R (Regional Commercial) zone. The site is located at 3221 S. Mooney Blvd. (APN: 121-100-054)

STAFF RECOMMENDATION
Staff recommends approval of Resolution No. 2021-49 for Conditional Use Permit No. 2021-48 based on the project’s consistency with the policies of the City’s General Plan and Zoning Ordinance.

RECOMMENDED MOTION
I move to approve Conditional Use Permit No. 2021-28 based on the findings and conditions in Resolution No. 2021-49.

PROJECT DESCRIPTION
The Conditional Use Permit is a request to permit a 6,526 square foot medical clinic within an existing 10,200 square foot commercial building in the C-R (Regional Commercial) zone. The proposed medical use is proposing to locate the medical office into the west end the building as depicted in Exhibit “A”. The applicant has also provided a floor plan (see Exhibit “B”) depicting the tenant improvements associated with this project.

According to the lessee’s Operational Statement (Exhibit “C“), this facility will have 10 full-time employees. The operating hours for the medical office will be from 9:00 a.m. to 5:00 p.m. Monday through Friday and 9:00 a.m. to 2:00 p.m. on Saturday. The office will have two physicians onsite daily, and it is expected to receive as many as 40 patients per day.

The proposed medical office is occupying an area of the building that was occupied in the past by a salon, Weight Watchers and a clothing store. The remaining area of the commercial building is currently occupied by Aspen Dental.

BACKGROUND INFORMATION
General Plan Land Use Designation: Regional Commercial
Zoning: C-R (Regional Commercial)
Surrounding Zoning and Land Use: North: C-R / Vacant Restaurant (Ryan’s Place) South: C-R / Sequoia Mall Parking Lot
East: Mooney Blvd. (SR 63)
West: C-R – Parking Lot for Bed, Bath & Beyond
Environmental Document Categorical Exemption No. 2021-48 Site Plan: Site Plan Review No. 2021-180
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Related Plans and Policies
On April 28, 2014, Conditional Use Permit No. 2014-14 was approved by the Planning Commission to allow a dentist office in the C-R zone. The building is located at 4129 S. Mooney Blvd. within the Packwood Creek Shopping Center.

On May 28, 2019, Tentative Parcel Map No. 2019-04 and Conditional Use Permit No. 2019-14, was approved by the Planning Commission. The map and CUP requested approval of a tentative parcel map and conditional use permit to allow an air-space condominium conversion of the existing 10,200 sq. ft. commercial building located at 3221 S. Mooney Boulevard.

On July 22, 2019, Conditional Use Permit No. 2019-30 was approved by the Planning Commission to allow a dentist office in the C-R zone located at 3221 S. Mooney Blvd.

PROJECT EVALUATION
Staff supports the requested conditional use permit based on project consistency with the General Plan and the Zoning Ordinance.

Land Use Compatibility
The Visalia Zoning Matrix identifies medical office as a conditional use in the C-R zone and requires the submittal and approval of a CUP application. Through the CUP process, potential impacts can be addressed thereby ensuring compatibility between the proposed use and existing surrounding uses. Staff has concluded that the proposed medical office will not have a negative impact on surrounding uses given the fact that sufficient on-site parking is provided, the site’s proximity to the major street and other office and commercial uses within the area.

Parking and Access
This site is accessed through existing vehicle access points along Mooney Boulevard and from the adjoining parcels (i.e., Bed, Bath & Beyond, and Sequoia Mall). With the addition of the new medical use the total parking requirement for the site will be 51 parking stalls, however, the Administrative Adjustment approved in 2012 (2012-04) will reduce the required parking to 41 parking stalls. The applicant has provided two potential parking configurations that will provide a minimum of 35 onsite parking stalls. The applicant will also provide an additional 10 parking spaces via a proposed parking agreement from the adjacent property located at 3103 S. Mooney Boulevard. The proposed project will comply with the city’s parking requirements with the inclusion of the parking agreement to allocate an additional 10 parking stalls from the adjacent property. The adjacent property (Exhibit “A”) currently has a total of 41 parking spaces onsite.

The future restaurant will require a total of 28 parking spaces based on the city’s parking requirements. This will result in a parking surplus of 13 parking spaces that may be utilized as part of the parking agreement to provide sufficient onsite parking. The adjacent site will continue to comply with parking after the reduction of 10 onsite parking spaces based on the new restaurant use that is proposed within the vacant building (Exhibit “A”).

Environmental Review
The requested action is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2021-48).

Projects determined to meet this classification consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the use 622
beyond that existing at the time of the lead agency’s determination. The types of “existing facilities” itemized in the Class 1 are not intended to be all-inclusive of the types of projects.

RECOMMENDED FINDINGS

1. That the proposed project will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed conditional use permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The Visalia Zoning Matrix identifies medical clinic as a conditional use in the C-R zone and requires the submittal and approval of a CUP application. Through the CUP process, potential impacts can be addressed thereby ensuring compatibility between the proposed use and existing surrounding uses. The proposed medical office will not have a negative impact on surrounding uses given the fact that sufficient on-site parking is provided, the site’s proximity to the major street and other office and commercial uses within the area. b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity. The Visalia Zoning Matrix identifies medical office as a conditional use in the C-R zone and requires the submittal and approval of a CUP application. Through the CUP process, potential impacts can be addressed thereby ensuring compatibility between the proposed use and existing surrounding uses. The proposed medical office will not have a negative impact on surrounding uses given the fact that ample on-site parking is provided, the sites proximity to the major street and other office and commercial uses within the area.

3. That the project is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) for minor alterations in land use limitations. (Categorical Exemption No. 2021-48).

RECOMMENDED CONDITIONS OF APPROVAL

1. That the project be developed in substantial compliance with the comments from the approved Site Plan Review No. 2021-180.

2. That substantial changes to the site plan and/or operational plan, or an intensification of the land use wherein the parking demand exceeds the parking required for the land use, may require evaluation by the Site Plan Review committee and/or an amendment to this Conditional Use Permit.

3. City shall review and approve the parking agreement and receive an executed copy prior to the issuance of the Certificate of Occupancy to allocate additional onsite parking from the adjacent property located at 3103 S. Mooney Boulevard.

4. A minimum of 41 parking spaces shall be allocated for the project site located at 3221 S.

Mooney Boulevard.

5. Landscape plans shall be required to as part of building plan check submittal.

6. That any project signage shall be obtained under a separate permit.

7. That all applicable federal, state and city laws, codes and ordinances be met. 623

APPEAL INFORMATION
According to the City of Visalia Zoning Ordinance Section 17.02.145, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 N. Santa Fe Street. The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record. The appeal form can be found on the city’s website www.visalia.city or from the City Clerk.

Attachments:
• Related Plans and Policies
• Resolution No. 2021-49
• Exhibit "A" – Site Plan
• Exhibit “B” – Floor Plan
• Exhibit “C” – Operational Statement
• Site Plan Review Comments
• General Plan Land Use Map
• Zoning Map
• Aerial Photo
• Vicinity Map
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Related Plans & Policies
Conditional Use Permits
(Section 17.38)

17.38.010 Purposes and powers
In certain zones conditional uses are permitted subject to the granting of a conditional use permit.

Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning ordinance and with respect to their effects on surrounding properties. In order to achieve these purposes and thus give the zone use regulations the flexibility necessary to achieve the objectives of this title, the planning commission is empowered to grant or deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permits. (Prior code § 7525)

17.38.020 Application procedures
A. Application for a conditional use permit shall be made to the planning commission on a form prescribed by the commission which shall include the following data:

1. Name and address of the applicant;

2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;

3. Address and legal description of the property;

4. The application shall be accompanied by such sketches or drawings as may be necessary by the planning division to clearly show the applicant's proposal;

5. The purposes of the conditional use permit and the general description of the use proposed;

6. Additional information as required by the historic preservation advisory committee.

B. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application. (Prior code § 7526)

17.38.030 Lapse of conditional use permit
A conditional use permit shall lapse and shall become void twenty-four (24) months after the date on which it became effective, unless the conditions of the permit allowed a shorter or greater time limit, or unless prior to the expiration of twenty-four (24) months a building permit is issued by the city and construction is commenced and diligently pursued toward completion on the site which was the subject of the permit. A permit may be renewed for an additional period of one year; provided, that prior to the expiration of twenty-four (24) months from the date the permit originally became effective, an application for renewal is filed with the planning commission. The commission may grant or deny an application for renewal of a conditional use permit. In the case of a planned residential development, the recording of a final map and improvements thereto shall be deemed the same as a building permit in relation to this section. (Ord. 2001-13 § 4 (part), 2001: prior code § 7527)

17.38.040 Revocation
Upon violation of any applicable provision of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a conditional use permit shall be suspended automatically. The planning commission shall hold a public hearing within sixty (60) days, in accordance with the procedure prescribed in Section 17.38.080, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the permit or take such action as may be necessary to insure compliance with the regulation, general provision or condition. Appeals of the decision of the planning commission may be made to the city council as provided in Section 17.38.120. (Prior code § 7528)
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17.38.050 New application
Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the permit unless such denial was a denial without prejudice by the planning commission or city council. (Prior code § 7530)

17.38.060 Conditional use permit to run with the land
A conditional use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the permit application subject to the provisions of Section 17.38.065. (Prior code § 7531)

17.38.065 Abandonment of conditional use permit
If the use for which a conditional use permit was approved is discontinued for a period of one hundred eighty (180) days, the use shall be considered abandoned and any future use of the site as a conditional use will require the approval of a new conditional use permit.

17.38.070 Temporary uses or structures
A. Conditional use permits for temporary uses or structures may be processed as administrative matters by the city planner and/or planning division staff. However, the city planner may, at his/her discretion, refer such application to the planning commission for consideration.

B. The city planner and/or planning division staff is authorized to review applications and to issue such temporary permits, subject to the following conditions:

1. Conditional use permits granted pursuant to this section shall be for a fixed period not to exceed thirty (30) days for each temporary use not occupying a structure, including promotional enterprises, or six months for all other uses or structures.

2. Ingress and egress shall be limited to that designated by the planning division. Appropriate directional signing, barricades, fences or landscaping shall be provided where required. A security officer may be required for promotional events.

3. Off-street parking facilities shall be provided on the site of each temporary use as prescribed in Section 17.34.020.

4. Upon termination of the temporary permit, or abandonment of the site, the applicant shall remove all materials and equipment and restore the premises to their original condition.

5. Opening and closing times for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. Reasonable time limits for other uses may be set by the city planner and planning division staff.

6. Applicants for a temporary conditional use permit shall have all applicable licenses and permits prior to issuance of a conditional use permit.

7. Signing for temporary uses shall be subject to the approval of the city planner.

8. Notwithstanding underlying zoning, temporary conditional use permits may be granted for fruit and vegetable stands on properties primarily within undeveloped agricultural areas. In reviewing applications for such stands, issues of traffic safety and land use compatibility shall be evaluated and mitigation measures and conditions may be imposed to ensure that the stands are built and are operated consistent with appropriate construction standards, vehicular access and off-street parking. All fruits and vegetables sold at such stands shall be grown by the owner/operator or purchased by said party directly from a grower/farmer.

C. The applicant may appeal an administrative decision to the planning commission. (Ord. 9605 § 30 (part), 1996: prior code § 7532)
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17.38.080 Public hearing--Notice
A. The planning commission shall hold at least one public hearing on each application for a conditional use permit.

B. Notice of the public hearing shall be given not less than ten days nor more than thirty (30) days prior to the date of the hearing by mailing a notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use which is the subject of the hearing, and by publication in a newspaper of general circulation within the city. (Prior code § 7533)

17.38.090 Investigation and report
The planning staff shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the planning commission. (Prior code § 7534)

17.38.100 Public hearing--Procedure
At the public hearing the planning commission shall review the application and the statement and drawing submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 17.38.110. The planning commission may continue a public hearing from time to time as it deems necessary. (Prior code § 7535)

17.38.110 Action by planning commission
A. The planning commission may grant an application for a conditional use permit as requested or in modified form, if, on the basis of the application and the evidence submitted, the commission makes the following findings:

1. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the zone in which the site is located;

2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

B. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may grant conditional approval for a permit subject to the effective date of a change of zone or other ordinance amendment.

C. The commission may deny an application for a conditional use permit. (Prior code § 7536)

17.38.120 Appeal to city council
The decision of the City planning commission on a conditional use permit shall be subject to the appeal provisions of Section 17.02.145. (Prior code § 7537) (Ord. 2006-18 § 6, 2007)

17.38.130 Effective date of conditional use permit
A conditional use permit shall become effective immediately when granted or affirmed by the council, or upon the sixth working day following the granting of the conditional use permit by the planning commission if no appeal has been filed.(Prior code § 7539) 627
Environmental Document # 2021-48

NOTICE OF EXEMPTION
City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
To: County Clerk
County of Tulare
County Civic Center
Visalia, CA 93291-4593
Conditional Use Permit No. 2021-28

PROJECT TITLE
3221 S. Mooney Blvd.

PROJECT LOCATION
Visalia Tulare

PROJECT LOCATION - CITY COUNTY
A request by Matt Nohr on behalf of the Orosco Group to allow use of 6,526 sq. ft. inside an existing 10,200 sq. ft. commercial building for a medical office, located within the C-R (Regional Commercial). The site is located at 3221 S. Mooney Blvd. (APN: 121-100-054) DESCRIPTION - Nature, Purpose, & Beneficiaries of Project City of Visalia

NAME OF PUBLIC AGENCY APPROVING PROJECT
The Orosco Group, 10 Harris Court, Suite B-1, Monterey Park, CA 93940

NAME AND ADDRESS OF APPLICANT CARRYING OUT PROJECT
The Orosco Group, 10 Harris Court, Suite B-1, Monterey Park, CA 93940

NAME AND ADDRESS OF AGENT CARRYING OUT PROJECT
EXEMPT STATUS: (Check one)
Ministerial - Section 15073
Emergency Project - Section 15071
Categorical Exemption - State type and Section number: Section 15301 Statutory Exemptions- State code number:

A request to establish a medical office use within an existing 6,526 square foot tenant space. The site is developed and is served by all public utilities.

REASON FOR PROJECT EXEMPTION
Rafael Garcia, Senior Planner (559) 713-4031

CONTACT PERSON AREA CODE/PHONE
December 13, 2021
DATE Brandon Smith, AICP

ENVIRONMENTAL COORDINATOR
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629
630
631
632
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635
10 Harris Court, B‐1 Monterey, CA 93940
(831)  649 ‐ 0220  tel (831)  649 ‐ 0394  fax
November 9, 2021
City of Visalia
Rafael Garcia
Senior Planner
Community Development Department
315 E. Acequia Ave.

Visalia, CA 93291
Tel: (559) 713-4031
Email: [email protected]
Re: 3221 S Mooney Blvd Suite B, Visalia, CA – Medical Clinic Operational Statement Dear Mr. Garcia,
The proposed new 6,526 s.f. medical clinic will be located in an existing 10,200 s.f. single story multi-tenant commercial building at 3221 S Mooney Blvd, Suite B, Visalia, CA. The site is fully developed and served by all public utilities.

The user is a leading provider of high-quality healthcare services, including pediatric and adult primary care services, to thousands of women, men, and children throughout California every year, by investing in communities, expanding healthcare to all.

This medical clinic will initially operate Monday through Friday generally from 9:00am to 5:00pm, with potential to expand to weekend hours, including Saturday from 9:00am to 2:00pm, depending on volume. It is expected to receive as many as 40 patients per day. To provide these services, it is anticipated that at least seven to 10 full-time employees will be needed which will include two onsite physicians. There are no unique or specific traffic patterns that will require accommodations for operations, patients, or employees. Operations do not require truck deliveries.

Sincerely,
Matt Nohr
Director of Development

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Conditional Use Permit No. 2021-28
The project site is located at 3221 S. Mooney Boulevard (APN: 121-100-054) General Plan
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Commercia Mixed Use
Commercial Regional
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Residential High Density
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Caldwell
Hwy. 198
Riggin
Walnut
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Demaree
Akers
Mooney
Dinuba
Ben Maddox
Lovers
McAuliff
Hwy. 99
Houston
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PROJECT SITE
Project Location
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Conditional Use Permit No. 2021-28
The project site is located at 3221 S. Mooney Boulevard (APN: 121-100-054) Zoning Map
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PARCELS
Regional Commercial
Mixed Use Commercial
Professional / Administrative Office
Single-family Residenital 5000 SF
Multi-family Residenital 1200 SF
Goshen .

Caldwell
Hwy. 198
Riggin
Walnut
Plaza
Shirk
Demaree
Akers
Mooney
Dinuba
Ben Maddox
Lovers
McAuliff
Hwy. 99
Houston
Court

PROJECT SITE
Project Location
649
0 50 100 200 300
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Conditional Use Permit No. 2021-28
The project site is located at 3221 S. Mooney Boulevard (APN: 121-100-054) Aerial Photo
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Goshen
Photo Taken March 2020
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Caldwell
Hwy. 198
Riggin
Walnut
Plaza
Shirk
Demaree
Akers
Mooney
Dinuba
Ben Maddox
Lovers
McAuliff
Hwy. 99
Houston
Court

PROJECT SITE
Project Location
650
0 50 100 200 300
Feet
Conditional Use Permit No. 2021-28
The project site is located at 3221 S. Mooney Boulevard (APN: 121-100-054) Vicinity Map
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W Sunnyside Ave
W Orchard Ave
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Vicinity Map
Goshen .

Caldwell
Hwy. 198
Riggin
Walnut
Plaza
Shirk
Demaree
Akers
Mooney
Dinuba
Ben Maddox
Lovers
McAuliff
Hwy. 99
Houston
Court

PROJECT SITE
Project Location
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City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0692 Agenda Date: 1/18/2022 Agenda #: 4.

Agenda Item Wording:

A Public Hearing to consider an amendment to Conditional Zoning Agreement No. 2021-11: A request by CenterPoint Integrated Solutions to amend Conditional Zoning Agreement No. 2003-01, removing provisions that prohibit the establishment of a “stand-alone” used automobile sales use, and adding development standards for “stand-alone” used automobile sales uses for the Visalia Auto Plaza located within the C-S (Service Commercial) Zone. The Visalia Auto Plaza is located west of North Neeley Street, north of West Camp Drive, and south of the Mill Creek Ditch (APN: 081-020-085).

Deadline for Action: None
Submitting Department: Community Development
Contact Name and Phone Number:

Cristobal Carrillo, Associate Planner, 713-4443, [email protected] <mailto:[email protected]>
Mike Olmos, Interim City Planner, 713-4449, [email protected] <mailto:[email protected]> Paul Bernal, Community Development Director, 713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the City Council hold a public hearing, receive a presentation and staff report, and introduce the first reading of Ordinance No. 2022-01, approving the amendment to Conditional Zoning Agreement No. 2021-11 removing provisions that prohibit the establishment of “stand-alone” used automobile sales uses, and adding development standards for “stand-alone” used automobile sales uses for the Visalia Auto Plaza, located west of North Neeley Street, north of West Camp Drive, and south of the Mill Creek Ditch.

Background Discussion:

Project Description
The applicant is seeking to amend the design guidelines of the Visalia Auto Plaza master plan (codified via Conditional Zoning Agreement No. 2003-01) by removing existing prohibitions on the establishment of stand-alone used automobile dealerships within the Visalia Auto Plaza development. Per the applicant’s Operational Statement attached per Exhibit “A”, the amendment would allow for the establishment of stand-alone used automobile dealerships within the Visalia Auto Plaza plan area if developed on a parcel of no less than five acres in size. The change to the Conditional Zoning Agreement (CZA) provisions are proposed to facilitate the establishment of CarMax, a used automobile sales and service center within the Visalia Auto Plaza. No other changes are proposed to the existing CZA and Visalia Auto Plaza architectural design guidelines. If approved by the City Council, the amended CZA will be recorded against the project site, and all existing and revised conditions will be applicable to existing and future operators within the project area.

The CarMax used automobile sales development is proposed on a 5.91-acre site to be parceled off from a larger 47.58-acre site located within the Visalia Auto Plaza planning area. The site is zoned CS (Service Commercial), which permits the sale of new and used vehicles by right. As a result, if the City of Visalia Page 1 of 6 Printed on 1/14/2022
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S (Service Commercial), which permits the sale of new and used vehicles by right. As a result, if the CZA is ultimately approved by the City Council, no other discretionary reviews by the Planning Commission or City Council will be required for development of the automobile dealership. Only Site Plan Review and a Building Permit will be required for development to proceed.

The applicant has submitted a development proposal for a used automobile sales and service facility to the City of Visalia Site Plan Review Committee concurrently with the CZA amendment request.

Plans were approved by the Site Plan Review Committee at its December 8, 2021, meeting and are included in Exhibits “B”, “C”, and “D”. The proposal includes development of a 4,292 square foot sales building, a 2,620 square foot auto service building, a 1.58-acre automobile sales lot for the display of vehicles, and a 1.20-acre sales staging area for employee use only. Additional areas are devoted to customer parking, landscaping, drive aisles and related onsite and off-site improvements for ingress/egress. These plans are not subject to City Council review and are provided only for reference.

Planning Commission Public Hearing:

The Planning Commission conducted a public hearing on December 13, 2021, for amendment to Conditional Zoning Agreement No. 2021-11. The Planning Commission received the information contained in the staff report and a staff presentation. Public testimony in favor of the proposal was received from project consultant Steve Brandt (QK, Inc.) and John Thatcher with CenterPoint Integrated Solutions, the project applicant. Additional testimony in favor of the proposal was submitted by student Aaron Aldridge and Matt Graham, a land broker who noted that he was working with a client who was also interested in conducting used vehicle sales within the Visalia Auto Plaza.

No other public comment was received, including from the two existing dealerships within the Visalia Auto Plaza.

Staff recommended approval of the proposal based on the project’s potential to allow the Visalia Auto Plaza to take advantage of additional development opportunities, and consistency with the Land Use Element of the General Plan and the Zoning Ordinance. At the conclusion of the public hearing, the Planning Commission voted to recommend to the Visalia City Council approval of the amendment to Conditional Zoning Agreement No. 2021-11. The decision was made by a 4 to 0 vote (Commissioner Gomez was absent).

Analysis:

Existing Auto Malls/Visalia Auto Plaza
The City of Visalia has three auto malls, grouped into three geographical areas (see Figure 1). The first auto mall, referred to as “The Auto Center”, is located in a former redevelopment area located along the intersections of E. Main Street, E. Mineral King Avenue and S. Ben Maddox Way. The new auto sales dealerships located within the Auto Center include Visalia Buick GMC on 4.69 acres, Visalia Ford on 3.98 acres, and Visalia Hyundai on 3.7 acres. The Auto Center area is completely built-out except for a vacant 2.11-acre parcel east of the Visalia Buick GMC dealership.

The second auto mall, referred to as the “South Ben Maddox Auto Center”, is comprised of several new auto sales dealerships located along the east and west sides of S. Ben Maddox Way between E.

Noble and E. Tulare Avenues. The dealerships located in this area include Giant Chevrolet-Cadillac on 6.71 acres, Nissan of Visalia on 6.10 acres, Visalia Honda on 3.99 acres, Visalia Kia on 3.0 acres, and Visalia Toyota on 5.03 acres. This auto mall is entirely built out.

The third auto mall, named the “Visalia Auto Plaza”, is located at the southwest corner of E. Crowley Avenue and N. Neeley Street, northwest of the Plaza Drive/State Highway 198 interchange. This is City of Visalia Page 2 of 6 Printed on 1/14/2022
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Avenue and N. Neeley Street, northwest of the Plaza Drive/State Highway 198 interchange. This is the auto mall in which the CarMax is proposed. The 70-acre master planned development was entitled in 2003 for new auto sales, with development standards and architectural guidelines adopted through an accompanying CZA, included in Exhibit “E”. The CZA restricts activity within the auto mall to only new auto sales, with used car sales and service components sales allowed only as ancillary uses. As such, stand-alone used car dealerships are not presently allowed within the Visalia Auto Plaza. There are currently two new auto sales dealerships in the Visalia Auto Plaza: Lampe Chrysler/Dodge/Jeep/Ram on 7.18 acres and BMW of Visalia on 3.83 acres. Though an amendment was approved by the City Council in 2017 to allow 15-acres north of Hurley Avenue to be developed with a warehouse distribution building, the majority of the area (approximately 55-acres) is still subject to development standards and architectural guidelines established by the CZA for the Visalia Auto Plaza.

The CarMax would be unable to locate within both the South Ben Maddox Auto Center and The Auto Center due to the auto malls being entirely built out or not containing sufficient vacant acreage to accommodate the needs of a CarMax facility. As such, the Visalia Auto Plaza is the only practical auto mall in which a CarMax can be located. However, since the proposed CarMax dealership would sell only used automobiles, it is currently prohibited from locating within the Visalia Auto Plaza.

Land Use Compatibility
The areas north, east, and west of the proposed CarMax facility are zoned for Service Commercial use and contain either vacant land planned for auto sale and incidental uses, or existing automobile dealerships. Areas to the south contain existing intensive facilities, including State Highway 198 and the Visalia Municipal Airport. Based on the development pattern of the surrounding sites, an automobile dealership will be compatible with what is planned and in the area.

The proposed amendment, to allow establishment of stand-alone used automobile dealerships so long as they are developed on a site of no less than five acres, is similarly expected to have minimal impact on the surrounding areas. As noted by the applicant in Exhibit “A”:
“CarMax expanded into California after the [Visalia Auto Mall] conditional zoning agreement was adopted…The elevations and floor plan we have provided show that the facility will definitely have the look and feel similar to a new vehicle facility. This type of business strategy may not have been envisioned in 2003, which may have been the reason at the time for excluding stand-alone used car dealerships. Distinguishing only by whether the vehicles are new or used does not seem as relevant as distinguishing between type, size, and amenities of the facility.”
The sale of new and/or used vehicles presents no difference in terms of land use impacts. And regardless of the type of vehicles sold, the facility will be governed by the rules of the Visalia Auto Plaza design guidelines, ensuring that any future auto dealerships, new or used, contain designs compatible with the existing auto dealerships. The five-acre minimum lot size requirement is also not considered out of step with the existing developments in the Visalia Auto Plaza, as the existing auto dealerships are located on parcels between 3.83 to 7.18 acres in size.

Conditional Zoning Agreement
A CZA provides a mechanism with which to “lock in” proposed conditions for a site, subject to City Council approval. While conditions can be applied through a Conditional Use Permit (CUP), any such City of Visalia Page 3 of 6 Printed on 1/14/2022
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Council approval. While conditions can be applied through a Conditional Use Permit (CUP), any such conditions can become nullified if a CUP lapses or becomes void. Conditions applied through a CZA remain with the site permanently and will be applied to any future use established thereon.

The applicant has requested the following amendments to the Visalia Auto Plaza CZA:

1. Removal of the prohibition on the establishment of stand-alone used auto dealerships; and

2. Addition of a development standard allowing for placement of a stand-alone used automobile dealership only if established on a minimum five-acre parcel.

Staff has determined that compatibility with the surrounding areas will not be detrimentally affected by the proposed changes. The sale of used vehicles does not differ in substance from the sale of new vehicles. As it stands, existing dealerships within the Visalia Auto Plaza are already permitted to sell used vehicles, so long as it is incidental to the operation of a new auto sales dealership. The standalone dealership and five-acre site provisions will limit the pool of potential applicants to larger more established used car dealerships and will prevent the proliferation of multiple small dealerships occupying one large site, with no consistency in operation or visual characteristics. These provisions will help secure design uniformity within the master plan area. Staff has also determined that the amendments will strengthen the Visalia Auto Plaza’s overall ability to take advantage of development opportunities when the arise.

Fiscal Impact:

At the request of staff, the City’s Finance Department provided sales tax collection information as it relates to vehicle sales. Per the Finance Department, sales tax is broken into two categories as follows:

1. General Sales Tax - Essentially a 1% tax on any item sold in the City Limits; and

2. District Taxes - Additional taxes that have been approved by a City’s registered voters, applicable to a specific “district”. Examples for Visalia District Taxes include Measure R, Measure N, and Measure T funds.

Based on this information, if a resident of Visalia purchases a new or used vehicle outside of Visalia’s city limits, the 1% general sales tax collected for that sale goes to the City in which the vehicle was sold. However, the District taxes would be collected and given to the City the vehicle is registered in.

As an example, if a vehicle is purchased in Fresno but registered in Visalia, the 1% general sales tax goes to the City of Fresno and district taxes go to the City of Visalia. Conversely, if a vehicle is purchased and registered in Visalia, both the 1% general sales tax and district taxes would go to the City of Visalia.

The applicant has provided an Economic Study prepared in 2020 for City Council review, detailing the potential economic benefits of a CarMax establishing in Visalia. The study is included in Attachment “F”. The study was prepared previously for the CarMax proposal submitted for a site along the S. Mooney Boulevard corridor. Per the applicant, the findings of the study are still applicable to the proposal before the City Council. The key findings of the study suggest sales tax revenues of approximately $680,000 per year and property tax revenue of approximately $60,400 per year. The City of Visalia would receive its proportionate statutory share of these tax revenue streams.

Per the study, the ongoing operation of the CarMax would support a total of 96 permanent jobs in Tulare County, through local purchases of materials, supplies, and services needed to operate the used car dealership. 52 of those new full-time equivalent jobs would be expected to be located within City of Visalia Page 4 of 6 Printed on 1/14/2022
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the City of Visalia.

Prior Council Action:
· On August 18, 2003 and September 2, 2003 the Visalia City Council approved General Plan Amendment No. 2002-20, Change of Zone No. 2002-18, and Conditional Zoning Agreement No. 2003-01, a request by Mangano Homes/Westland Development to change the land use designation of a site to Commercial Service / C-S (Service Commercial), create design guidelines, and allow up to ten auto dealerships on approximately 72 acres (collectively known as the Visalia Auto Plaza) located west of Plaza Drive between Mill Creek Ditch and Camp Drive (APNs: 081-020-063, 068).
· On August 17, 2020, the Visalia City Council denied Zoning Text Amendment No. 2019-13 and an appeal of Conditional Use Permit No. 2019-42, collectively a request by CarMax to develop a used car sales and service center on a 5-acre parcel within the C-R (Regional Commercial) Zone, and amend the Visalia Municipal Code to allow automobile sales in the C-R Zone. The project site was located on the southwest corner of South Mooney Boulevard and West Visalia Parkway (APN: 126-960-001).

Committee/Commission Review and Action:

On December 13, 2021, the Visalia Planning Commission approved Amendment to Conditional Zoning Agreement No. 2021-11 by a vote of 4 to 0 with Commissioner Gomez absent. No comment in opposition to the proposal was received.

Alternatives:

The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Deny the Conditional Zoning Agreement in whole or impart; or

2. Refer the matter back to the Planning Commission;

3. Continue the matter to a future City Council hearing for additional information.

Recommended Motion (and Alternative Motions if expected):

I move to introduce for the first reading Ordinance No. 2022-01 approving the amendment to Conditional Zoning Agreement No. 2021-11.

Environmental Assessment Status: Categorically Exempt
CEQA Review:

The requested action is considered Categorically Exempt under Section 15305 (Minor Alterations to Land Use Limitations) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) (Categorical Exemption No. 2021-52). The exemption is appropriate as the project will not produce significant changes in land use or density.

Attachments:

1. Ordinance No. 2022-01 for Amendment to Conditional Zoning Agreement No. 2021-11

2. Attachment “A” - Operational Statement
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3. Attachment "B" - Site Plan

4. Attachment “C” - Conceptual Elevations

5. Attachment “D” - Floor Plan

6. Attachment “E” - Visalia Auto Plaza Design Guidelines / Conditional Zoning Agreement No. 2003-01

7. Attachment “F” - CarMax Economic Study, August 6, 2020

8. Attachment “G” - December 13, 2021, Planning Commission Staff Report

9. Attachment “H” - Public Comment from Stan Bennett (received via email 1/13/2022)
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ORDINANCE NO. 2022-01
ORDINANCE NO. 2022-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA

RECOMMENDING APPROVAL OF AMENDMENT TO CONDITIONAL ZONING AGREEMENT NO. 2021-11: A REQUEST BY CENTERPOINT INTEGRATED SOLUTIONS TO AMEND CONDITIONAL ZONING AGREEMENT NO. 2003-01, REMOVING PROVISIONS THAT PROHIBIT THE ESTABLISHMENT OF A “STANDALONE” USED AUTOMOBILE SALES USE, AND ADDING DEVELOPMENT STANDARDS FOR “STAND-ALONE” USED AUTOMOBILE SALES USES FOR THE VISALIA AUTO PLAZA LOCATED WITHIN THE C-S (SERVICE COMMERCIAL) ZONE.

THE VISALIA AUTO PLAZA IS LOCATED WEST OF NORTH NEELEY STREET, NORTH OF WEST CAMP DRIVE, AND SOUTH OF THE MILL CREEK DITCH (APN:
081-020-085)
WHEREAS, the amendment to Conditional Zoning Agreement No. 2021-11 is a request by CenterPoint Integrated Solutions to amend Conditional Zoning Agreement No. 2003-01, removing provisions that prohibit the establishment of a “stand-alone” used automobile sales use, and adding development standards for “stand-alone” used automobile sales uses for the Visalia Auto Plaza located within the C-S (Service Commercial) Zone. The Visalia Auto Plaza is located west of North Neeley Street, north of West Camp Drive, and south of the Mill Creek Ditch (APN: 081-020-085); and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on December 13, 2021, considered the amendment to Conditional Zoning Agreement No. 2021-11 in accordance with Section 17.60.030 and Section 1760.050 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, the Planning Commission adopted Resolution No. 2021-60, recommending that the City Council approve Amendment to Conditional Zoning Agreement No. 2021-11, adopting the requested amendments removing provisions that prohibit the establishment of a “stand-alone” used automobile sales use, and adding development standards for “stand-alone” used automobile sales uses for the Visalia Auto Plaza located within the C-S (Service Commercial) Zone; and, WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing on January 18, 2022, and considered the amendment to Conditional Zoning Agreement No. 2021-11 in accordance with Section 17.60.040 and Section 1760.050 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and, WHEREAS, Categorical Exemption No. 2021-52 was prepared for the project consistent with the California Environmental Quality Act, Section No. 15305, which is appropriate as the project as the project will not produce significant changes in land use or density; and
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ORDINANCE NO. 2022-01
WHEREAS, the City Council of the City of Visalia finds as follows:

1. That the Amendment to Conditional Zoning Agreement No. 2021-11 is compatible with existing and planned land uses on the site and surrounding areas as the change will continue to facilitate the sale of automobiles, on sites compatible in size to adjacent parcels.

2. That the Amendment to Conditional Zoning Agreement No. 2021-11 will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

3. That Categorical Exemption No. 2021-52 was prepared for the project consistent with the California Environmental Quality Act, Section No. 15305, which is appropriate as the project will not produce significant changes in land use or density.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

That Amendment to Conditional Zoning Agreement No. 2021-11 is approved as contained in Exhibit “A” of this Ordinance.
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ORDINANCE NO. 2022-01

AMENDED AND RESTATED CONDITIONAL ZONING AGREEMENT
NO. 2003-01
THIS AMENDED AND RESTATED AGREEMENT is made this ____ day of ____ 2021, by BP Pearla Properties LP, hereinafter called the “Owner” and the CITY OF VISALIA, a municipal corporation and charter law city of the State of California, hereinafter called, “City.”

WITNESSETH
WHEREAS, on August 26, 2003, American Properties Holdings, LLC and the City entered into Conditional Zoning Agreement No. 2003-01 (“CZA No. 2003-01”) which required certain conditions to the rezoning of certain property situated in the City of Visalia, hereinafter referred to as “the Property” which is more particularly described in Exhibit I of this Agreement; and WHEREAS, prior to CZA No. 2003-01, the Property was zoned as specified in Item (a) of Exhibit I; and WHEREAS, as part of the approval process and adoption of CZA No. 2003-01, the Property was rezoned to the classifications further specified in Item (a) of Exhibit I; and WHEREAS, during the hearings held before the City Council of the City of Visalia, State of California, and after having considered the matter presented, certain conditions were imposed and included in CZA No. 2003-01 so as not to create any problems inimical to the health safety and the general welfare of the City of Visalia and its residents; and
WHEREAS, CZA No. 2003-01 was entered into between American Properties Holdings, LLC, a California limited liability company, Land Securities Investors, LTD., a Colorado limited partnership, and the City of Visalia, and recorded with the Tulare County Recorder on October 3, 2003, as Document No. 2003-0096292; and
WHEREAS, after to the adoption of CZA No. 2003-01, title to the Property was transferred to BP Pearla Properties LP; and
WHEREAS, BP Pearla Properties LP, through its designated agent CenterPoint Integrated Solutions and CarMax, wishes to amend the agreement to allow for the development of a CarMax used automobile sales and service facility on the Property and has submitted an application to revise certain conditions of Amended CZA No. 2003-01, limited to removal of the prohibition on the establishment of standalone used auto sales dealerships, subject to a five acre minimum lot size limitation, as set forth in Exhibit I; and
WHEREAS, it is deemed necessary to execute this “Amended and Restated Conditional Zoning Agreement No. 2003-01” in order to properly reflect current ownership, conditions and remaining obligations for completing development of the Property.

NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the rezoning specified in Item (b) of Exhibit I has been granted subject to the conditions specified in the following paragraphs:

1. That this “Amended and Restated Conditional Zoning Agreement No. 2003-01 shall replace and supersede those portions of CZA No. 2003-01 dealing with prohibition of standalone used EXHIBIT “A”
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automobile sales, and that all other portions of the prior Amendment are not intended to be altered or modified by this Amendment.

2. That Exhibit I, as completed and attached hereto, is incorporated into and made a part of this Agreement with the same force and effect as if fully set forth herein.

3. That First Parties shall comply with the additional conditions, if any, specified in Item (e) of Exhibit I of this Agreement.

4. In the event the Owner, or any successor in interest to Owner, or any person in lawful possession of the Property described in Item (d) of Exhibit I violates or fails to perform any of the conditions of this Agreement within, thirty (30) days after notice thereof has been provided in accordance with Section 6, the City Council of the City of Visalia may instruct the City Attorney of the City of Visalia to institute legal proceedings to enforce the provisions of this Agreement. Any failure by the Owner to perform or comply with any of the conditions under Item (e) of this agreement within thirty (3) days after written notification from City to do so, shall constitute a default in this agreement by the Owner. In addition to any other remedy it may have at law or equity, City may, but is not obligated to, perform any such conditions or requirements set forth in Item (e) of this agreement either through its own employees or through parties with whom it may contract, Owner shall reimburse City said costs and expenses within thirty (3) days after a written invoice from the City.

5. The prevailing party in any legal action arising from the failure of either party to perform the duties and obligations required by and contained in this Agreement shall be entitled to reasonable attorney’s fees, expert witness fees and costs of suit.

6. Notice of violation of provisions of this Agreement shall be sent to the Owner at the addresses specified in Item (c) of Exhibit I. Any subsequent title holder, any lien holder, or party in possession of the Property shall also receive notice of such violation if they are reflected on the tax roll.

7. Each and every one of the provisions of this Agreement herein contained shall run with the land and bind and inure to the benefit of the successor in interest of each and every party hereto, in the same manner as if they had herein been expressly named.

8. Zoning of the Property as indicated in Item (b) of Exhibit I will be consummated when this “Amended and Restated Conditional Zoning Agreement No. 2003-01” is recorded in the office of the Tulare County Recorder.

9. This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code § 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

10. This Agreement may be amended by mutual consent if in writing and, in the case of City, authorized by its City Council.
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ORDINANCE NO. 2022-01
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
“Owner”

BP PEARLA PROPERTIES LP
BY: _____________________________
_____________________________

“City”
CITY OF VISALIA, A political subdivision
of the State of California
ATTEST: ___________________________ BY: ____________________________ Chief Deputy City Clerk City Manager

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EXHIBIT I

AMENDED AND RESTATED CONDITIONAL ZONING AGREEMENT
NO. 2003-01
(a) The property described in Exhibit “A,” was originally zoned Agriculture (A) prior to the entering of CZA No. 2003-01.
(b) Upon the entering into CZA No. 2003-01, the classification changed from its present zoning to Service Commercial (C-S).
(c) Notice to Owner shall be addressed to:

BP Pearla Properties LP
PO Box 1530
Turlock, CA 95381-1530
(d) “Property” as used in this Agreement, includes:

APN Nos. 081-020-071, 072, 078, 084, 085, located within the Visalia Auto Plaza west of Neeley Street, north of Camp Drive, and south of the Mill Creek Ditch, in the City of Visalia, Tulare County, State of California.
(e) The additional conditions with which the Owner shall comply, pursuant to Paragraph No. 3, of this Agreement are as follows:
1) That the Design Guidelines attached as Exhibit II apply to the subject parcels and any future parcels.
2) That Page 4, Site Planning Concepts Item “B” of the Design Guidelines attached as Exhibit II shall be amended as follows:

B. Proposed uses; Uses within the project and restricted to new car dealerships with ancillary used car sales and normal service components. No stand alone used car facilities will be allowed in the project. That uses within the Visalia Auto Plaza are restricted to new automobile dealerships, with ancillary used car sales and normal service components, and standalone used automobile dealerships on parcels of no less than five-acres in size, with ancillary normal service components. 663
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