Agenda packet — Visalia City Council, February 22, 2022 (part 4 of 4)

Fall season for 2022 VYSA shall be from September 19th until November 14th. Fall priority right of use will be Mondays 3 p.m. 10 p.m. and Sundays 7 a.m. 10 p.m.

CITY agrees that VYSA shall have exclusive use of the premises for two weekends per year for tournament play, provided that VYSA gives no less than three-month advance written notice through the Community Services application process, CITY maintains the authorization to deny request if requested dates impede on another event or use of the facility.

CITY shall have the right of access to the premises at all times. VYSA agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of VY ational league for game play.

VYSA acknowledges that there will not be any ion charge for regular season play or any charges for parking. CITY acknowledges and permits, without revocation, the right for VYSA dmission to the facility for the purpose of post season tournament play only.

VYSA agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of the Visalia Youth Softball Association and its related activities. The CITY reserves the right to cancel any scheduled use by VYSA in the case of excessive rain before or during a scheduled event. The City has a vested interest in protecting the park turf from damage and protecting the public interest by preventing any potential injuries related to excessive moisture on the park grounds. Representatives from the CITY and VYSA may meet prior to an event, if feasible, to assess the conditions of the park and determine what can be done to protect the turf and/or public interest. The final decision to cancel an event will be determined by the C Community Services or his/her designee.

4. CONCESSION STAND
VYSA is exclusively responsible for the operation of the concession stand and for the direction and control of all volunteers and/or employees employed in such concession operations during 631
3 gnated and agreed upon times to operate at the facility. VYSA acknowledges that other entities will be utilizing said facility during times not designated to VYSA, and that accommodations have been arranged for so that inventory items can be stored and locked during unused times. Both VYSA and CITY shall ensure that the concession stand is left clean and in good repair after each use. In the operation of said concession stand, VYSA shall comply with all applicable permits and requirements set forth by the Tulare County Health and Human Services Agency. The CITY shall not be responsible for damage and/or theft of personal property of VYSA. VYSA shall remove all personal property no later than one week from the conclusion of regular season play.

5. ADDITIONAL SERVICES
Due to the size and nature of VYSA s program, additional services, above and beyond normal operational services provided by the City, are required. a. Portable restrooms VYSA shall provide additional portable restrooms for Opening Day, Tournaments and other days of projected heavy attendance. b. If additional services are needed or requested solely for VYSA s use, VYSA shall pay the CITY for the cost incurred for additional services. Such costs shall be invoiced each month. Payment for additional services is due within thirty (30) days of receipt.

Spring season:
a. Refuse CITY shall be responsible to dump the trash cans and blow the common areas one (1) time every morning of scheduled use. VYSA shall be responsible to provide additional appropriate refuse and/or recycle containers to accommodate trash generated by its participants. VYSA shall be responsible to collect any trash/litter and dump the trashcans throughout the softball complex, including spectator areas, bleachers, dugouts, restrooms, playing fields, throughout their scheduled use of the facilities and a final dumping of all trash at the end of each day of use.
b. Restroom service CITY shall be responsible for routine and ordinary cleaning and stocking the restrooms for each day of scheduled use; one (1) time daily. VYSA shall be responsible to provide additional appropriate cleaning and stocking of the restroom throughout their scheduled use of the facilities.

Fall season:
a. Refuse CITY shall be responsible to dump the trash cans and blow the common areas one (1) time every morning Tuesday through Friday. VYSA shall be responsible to provide appropriate refuse and/or recycle containers to accommodate trash generated by its participants. VYSA shall be responsible to collect any trash/litter and dump the trashcans throughout the softball complex, including spectator areas, bleachers, dugouts, restrooms, playing fields, throughout their scheduled use of the facilities and a final dumping of all trash at the end of each day of use.
b. Restroom service CITY shall be responsible for routine and ordinary cleaning and stocking the restrooms one (1) time every morning Tuesday through Friday. VYSA shall be responsible to provide additional appropriate cleaning and stocking of the restroom throughout their scheduled use of the facilities.
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4 6. INSTALLATION OF SIGNS AND/OR BANNERS
During the term of this AGREEMENT, VYSA shall have the following rights in regard to installation and removal of signs and/or banners: No signage shall be allowed to be displayed facing the Sports Park, Giddings St. or Shannon Parkway. Signs and/or banners must be no larger than 4 feet in height by 8 feet in width in size and may only be placed upon homerun fences and must face the interior of the premises only. Banners may be displayed seasonally, banners may be installed one week prior to game commencement and one week after last day of regular season games.

Any sign and/or banner installed, operated and maintained by VYSA will be VYSA financial responsibility. VYSA shall obtain any and all necessary permits from the City Planning Division in compliance with the City of Visalia Municipal Code Chapter 17.84 sections

17.48.010 et seq.

7. FACILITY MAINTENANCE
VYSA shall assume responsibility for all maintenance, damage, repair and upkeep of the aforementioned premises during VYSA use, e d upkeep as set forth in section 9. VYSA agrees to immediately notify CITY (within 24 hours) of any damage to the premises including such items as the concession stand or restroom, fixtures, equipment, grounds, landscaping, sprinklers and irrigation, so that CITY may determine whose responsibility it is to repair or replace and determine the manner in which the repair or replacement is to be completed. Furthermore, CITY shall have sole discretion in determining whether the damage or destruction mentioned above resulted from or in connection with VYSA.

VYSA shall assume responsibility for preparation of playing fields (field lines, bases, dragging infields, etc.) prior to games. Throughout the AGREEMENT term, VYSA shall agree to maintain its personal property (portable equipment, storage units, etc.) in a manner agreeable to CITY. VYSA shall be responsible for picking up and disposing of trash and litter after each use as set forth in section 5. VYSA shall also be responsible for any repair or maintenance resulting from vandalism and/or graffiti during the softball season on equipment or structures that are owned by VYSA. Said graffiti removal shall be completed in accordance with the current Ordinance governing graffiti removal in the City of Visalia.

8. GROUNDS MAINTENANCE
CITY shall be responsible for regular grounds maintenance, including maintenance of the irrigation system, regular (once per week) mowing of the outfields and fertilizing, spraying for weeds, and gopher/rodent control, throughout the calendar year. CITY shall also be responsible for major structural repairs and/or capital improvements to the premises which are the subject of this LEASE AGREEMENT. CITY shall have the sole discretion of determining what constitutes major structural and/or capital improvements. CITY further agrees to be responsible for the damages and/or repairs caused by organizations, groups and/or special events held on the premises and scheduled by the City of Visalia.

9. STORAGE:

VYSA shall be allowed to maintain storage/maintenance two (2) container (sea train) subject to 633
5 CITY approval in an area designated by CITY for such use. Container may not to exceed 20 and must comply with CITY standards as to size, location, maintenance/condition, and color of such storage container(s). The CITY is not responsible for damage and/or theft to VYSA property while stored at the facility.

10. PARKING / USE OF MOTORIZED VEHICLES
Vehicles must be parked in designated parking areas. VYSA may not charge for parking without written consent from the CITY. VYSA may not reserve parking spots without written consent from CITY. RV parking shall be restricted to the north overflow lot on Riverway Drive.

Overnight camping is not allowed.

The use of motorized utility vehicles including but limited to golf carts, GEM cars, and Gator vehicles is restricted to licensed drivers and use of vehicles must be in conjunction with program functions and/or duties.

11. OUTSIDE VENDORS
Only VYSA is permitted to provide goods and/or services under the agreement. If VYSA desires to have an outside vendor provide food, entertainment, goods or other services, such vendor must be pre-approved in writing by the City of Visalia. Only vendors with a valid City of Visalia Business Tax Certificate and other permits as required by Tulare County and/or the State of California will be considered. Authorized vendors must provide the City of Visalia with a certificate of insurance naming the City of Visalia as additionally ensured for the date(s) and time(s) of service.

12. SECURITY
VYSA shall provide security and supervision at all scheduled activities, including crowd control, at a level satisfactory to CITY, sufficient to ensure adequate protection of the premises which are the subject of this FACILITY USE AGREEMENT. This shall include the presence of VYSA Board Members while games are in progress.

13. ASSIGNMENT
VYSA shall not assign, mortgage, sublet or otherwise transfer any interest in this FACILITY USE AGREEMENT to any person, firm, organization or corporation during the term of this FACILITY USE AGREEMENT or any extension thereof without the written consent of CITY first had and obtained.

14. INDEMNIFICATION:

VYSA hereby agrees to and shall defend, protect, indemnify, and hold harmless the CITY and all officers, agents, representatives, and employees thereof from any and all liability, claims, or damages of whatsoever kind or character, including attorneys fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of VYSA, VYSA dent contractors, employees, representatives, agents, and invitees, and the passive or active negligent acts or omissions of the CITY or its officers, agents, representatives, and employees while acting within the scope of their duties regarding work to be performed pursuant to this AGREEMENT. 634
6 Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims, or liability. This FACILITY USE AGREEMENT shall be binding upon VYSA whether or not there are any allegations of fault negligence or liability of the indemnities hereunder.

15. INSURANCE REQUIREMENTS:

It is further understood and agreed that VYSA shall secure and maintain during the term of this FACILITY USE AGREEMENT, and any renewal thereof, a policy of commercial general liability and property damage insurance, naming the CITY as co-insured, with a single combined liability limit of $2,000,000.00, and property damage limits of not less than $1,000,000.00, insuring against all liability of VYSA and its authorized representatives arising out of and in connection with VYSA e or occupancy of the premises. All general liability insurance and property damage insurance shall insure performance by VYSA of the indemnity provisions of item 15. CITY shall be named as additional insureds, the policy shall contain cross liability endorsements, and an endorsement requiring 30 days written notice from the insurance company to all parties before cancellation or change in the coverage, scope or amount of any policy. Such policy, or a certificate of the policy, together with evidence of payment of premiums, shall be delivered to CITY at the commencement of the term, and on renewal of the policy not less than 30 days before expiration of the term of the policy. VYSA, at its own cost, shall be responsible for maintaining a policy of insurance covering its personal property located on the premises.

In addition to the above general liability insurance, throughout the lease term, VYSA shall purchase tournament and clinic insurance with limits of not less than $2,000,000 general liability and $250,000 personal injury for each scheduled tournament and/or clinic. Also throughout the AGREEMENT term, at any time VYSA employs any person(s), VYSA shall, at VYSA cost and expense, keep or cause to be kept in f nsurance with statutory limits and employ ith limits of not less than $1,000,000.00 per accident.

16. DISCRIMINATION
VYSA for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, sex, handicap, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said premises.

17. TERMINATION
In addition to any other provision in this FACILITY USE AGREEMENT, this AGREEMENT may be canceled or terminated upon the following:

A. This AGREEMENT and the tenancy hereby granted may be terminated or canceled at any time by either party hereto by giving to the other party not less than sixty (60) days written notice.

B. This AGREEMENT shall terminate automatically if either party hereto fails to remedy any breach or any term or condition of this AGREEMENT within thirty (30) days after receiving written demand from the other party to do so. If however, either party is diligently proceeding in good faith to eliminate such default, then the period 635
7 for correction shall be extended for such length of time as is reasonably necessary to complete such correction.

C. VYSA agrees at the end of the LEASE term or in the event of an early termination, as provided for herein, to quit and deliver up said premises in as good condition as they are now, ordinary wear and tear excepted.

18. QUIET ENJOYMENT
CITY does hereby covenant and agree that upon the performance of all covenants by VYSA as herein provided, VYSA shall peaceably and quietly hold and enjoy said premises during the term of this AGREEMENT and any extension thereof except as otherwise provided hereupon the termination of this AGREEMENT or any extension thereof.

19. AMENDMENT
This AGREEMENT may be amended at any time by mutual agreement of the parties in writing.

20. NOTICE
All notices to be given by VYSA pursuant to this AGREEMENT shall be mailed to City of Visalia, Community Services Department, 345 North Jacob Street, Visalia California 93291; and all notices to be given to VYSA pursuant to this LEASE AGREEMENT shall be mailed to VYSA c/o VYSA President. (mailing address) __________ _____________________________ For the purpose of this AGREEMENT, VYSA shall designate one point of contact with which the CITY shall coordinate the use of fields, maintenance concerns and other communications. This representative or a designee in his/her absence will be the only authorized agent of VYSA to coordinate use throughout each season.

21. ENTIRE AGREEMENT
This FACILITY USE AGREEMENT contains the entire AGREEMENT between the parties. No promise, representation, warranty, or covenant not included in this AGREEMENT has been or is relied on by either party. Each party has relied on his/her own examination of this AGREEMENT, counsel of its own advisors, and warranties, or representations, or covenants in the AGREEMENT itself. The failure or refusal of either party to inspect the premises or improvements, to read the AGREEMENT 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.

IN -WITNESS WHEREOF, the parties have executed this LEASE AGREEMENT as of the date first above written.

VISALIA YOUTH SOFTBALL ASSOCIATION CITY OF VISALIA
VYSA Board President Date Leslie Caviglia, City Manager Date 636
8 Risk Management Date
APPROVED AS TO FORM:

City Attorney Date
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1 FACILTY USE AGREEMENT BETWEEN

THE CITY OF VISALIA (CITY) AND

KAWEAH LITTLE LEAGUE SOFTBALL
D.B.A SEQUOIA SOFTBALL (SEQUOIA)
Riverway Sports Park Softball Complex
THIS LEASE AGREEMENT made and entered into as of the _____ of __________ 2022, by and between the CITY OF VISALIA, a Municipal Corporation, hereinafter referred to as KAWEAH LITTLE LEAGUE SOFTBALL D.B.A. SEQUOIA SOFTBALL,

SEQUOIA
WITNESSETH:

For and in consideration of the covenants and agreements hereinafter contained on the part of SEQUOIA to be kept and performed, and in consideration of the usage costs to be paid to CITY as hereinafter set forth, CITY hereby agrees to enter into a FACILITY USE AGREEMENT with SEQUOIA, for priority use of Riverway Sports Park, including the use of four (4) softball fields and the shared use of the concession stand and restroom facilities as identified in Attachment A for specified dates and times listed within agreement.

1. TERM
The term of this LEASE AGREEMENT is 1 year, commencing on January 1, 2022, and ending on December 31, 2022.

2. FEES AND CHARGES
SEQUOIA shall pay CITY a field rental fee equal to 25% of the Council Approved hourly rate, listed in the City s Fees and Charges Schedule, for field use during the contracted dates. Field light use shall be charged at the Council approved hourly rate listed in th s Fees and Charges Schedule. As rates are adjusted, so shall SEQUOIA s field rental rate and field light use rate. All uses outside of the contract period shall be billed at the current rate list of Fees and Charges Schedule. The City s Fees and Charges Schedule is set annually in June for the next fiscal year, July 1 June 30.

For Spring 2022, field rental use will be $4.00 per hour per softball field used. Field light use for Spring 2022 will be $15.00 per hour per field. Field rental rate and field light use rate for July through December will be determined by the rates and fees listed in the Fiscal Year 2022-2023 City s Fees and Charges.

Concession stand usage for sales/operations shall be charged $10/hour for operational use, up to $100 per day.

The City shall invoice SEQUOIA at the end of each month of use for all fees as described above.

Payment is due within thirty (30) days of invoice. All payments not received by the due date shall be subject to a two percent (2%) late fee penalty of the amount due.

3. USE
The CITY adopted a Priority Use Policy on December 18, 2012. The policy is used to determine 638
2 use for reactional facilities, see Attachment B. Pursuant to this FACILITY USE AGREEMENT, SEQUOIA shall have priority right of use of the Riverway Sports Park Softball Complex; including fields and concession stand for the dates listed below for the contract period SEQUOIA shall submit a request for field use 30 days prior to season start date in accordance Requests must be in writing, listing each date of use, along with start and end time blocks per field. Concession stand use must also be in writing with start and end time blocks for hours of operation (when open for sales). SEQUOIA may only request the amount of field space to accommodate regular season play games. Any time and/or field not being utilized by SEQUOIA shall be allocated to another facility user, provided that said use does not conflict with SEQUOIA
Spring season for 2022 shall be from the March 18th until the June 3rd. Spring priority right of use will be on Mondays, Wednesdays, and Fridays from 3 p.m. until 10 p.m.

CITY agrees that SEQUOIA shall have exclusive use of the premises for two weekends per year for tournament play, provided that SEQUOIA gives no less than three-month advance written notice through the Community Services application process, CITY maintains the authorization to deny request if requested dates impede on another event or use of the facility CITY shall have the right of access the premises at all times. SEQUOIA agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of SEQUOIA for game play.

SEQUOIA ack r admission charge for regular
season play or any charges for parking. CITY acknowledges and permits, without revocation, the right for SEQUOIA or admission to the facility for the purpose of post season tournament play only.

SEQUOIA agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of the SEQUOIA Softball and its related activities. The CITY reserves the right to cancel any scheduled use by SEQUOIA in the case of excessive rain before or during a scheduled event. The City has a vested interest in protecting the park turf from damage and protecting the public interest by preventing any potential injuries related to excessive moisture on the park grounds. Representatives from the CITY and SEQUOIA may meet prior to an event, if feasible, to assess the conditions of the park and determine what can be done to protect the turf and/or public interest. The final decision to cancel an event will be determined by the Ci Community Services or his/her designee.

4. CONCESSION STAND
SEQUOIA is exclusively responsible for the operation of the concession stand and for the direction and control of all volunteers and/or employees employed in such concession operations during SEQUOIA gnated and agreed upon times to operate at the facility. SEQUOIA acknowledges that other entities will be utilizing said facility during times not designated to SEQUOIA, and that accommodations have been arranged for so that inventory items can be 639
3 stored and locked during unused times. Both SEQUOIA and CITY shall ensure that the concession stand is left clean and in good repair after each use. In the operation of said concession stand, SEQUOIA shall comply with all applicable permits and requirements set forth by the Tulare County Health and Human Services Agency. The CITY shall not be responsible for damage and/or theft of personal property of SEQUOIA. SEQUOIA shall remove all personal property no later than one week from the conclusion of regular season play.

5. ADDITIONAL SERVICES
Due to the size and nature of SEQUOIA s program, additional services, above and beyond normal operational services provided by the City, are required. a. Portable restrooms SEQUOIA shall provide additional portable restrooms for Opening Day, Tournaments and other days of projected heavy attendance. b. If additional services are needed or requested solely for SEQUOIA s use, SEQUOIA shall pay the CITY for the cost incurred for additional services. Such costs shall be invoiced each month. Payment for additional services is due within thirty (30) days of receipt.
c. Refuse CITY shall be responsible to dump the trash cans and blow the common areas one (1) time every morning of scheduled use. SEQUOIA shall be responsible to provide additional appropriate refuse and/or recycle containers to accommodate trash generated by its participants. SEQUOIA shall be responsible to collect any trash/litter and dump the trashcans throughout the softball complex, including spectator areas, bleachers, dugouts, restrooms, playing fields, throughout their scheduled use of the facilities and a final dumping of all trash at the end of each day of use.
d. Restroom service CITY shall be responsible for routine and ordinary cleaning and stocking the restrooms for each day of scheduled use; one (1) time daily. SEQUOIA shall be responsible to provide additional appropriate cleaning and stocking of the restroom throughout their scheduled use of the facilities.

6. INSTALLATION OF SIGNS AND/OR BANNERS
During the term of this AGREEMENT, SEQUOIA shall have the following rights in regard to installation and removal of signs and/or banners: No signage shall be allowed to be displayed facing the Sports Park, Giddings St. or Shannon Parkway. Signs and/or banners must be no larger than 4 feet in height by 8 feet in width in size and may only be placed upon homerun fences and must face the interior of the premises only. Banners may be displayed seasonally, banners may be installed one week prior to game commencement and one week after last day of regular season games.

Any sign and/or banner installed, operated and maintained by SEQUOIA will be SEQUOIA s total financial responsibility. SEQUOIA shall obtain any and all necessary permits from the City Planning Division in compliance with the City of Visalia Municipal Code Chapter 17.84 sections

17.48.010 et seq.

7. FACILITY MAINTENANCE
SEQUOIA shall assume responsibility for all maintenance, damage, repair and upkeep of the aforementioned premises during SEQUOIA use, aintenance and upkeep as set forth in section 9. SEQUOIA agrees to immediately notify CITY (within 24 hours) of any 640
4 damage to the premises including such items as the concession stand or restroom, fixtures, equipment, grounds, landscaping, sprinklers and irrigation, so that CITY may determine whose responsibility it is to repair or replace and determine the manner in which the repair or replacement is to be completed. Furthermore, CITY shall have sole discretion in determining whether the damage or destruction mentioned above resulted from or in connection with SEQUOIA.

SEQUOIA shall assume responsibility for preparation of playing fields (field lines, bases, dragging infields, etc.) prior to games. Throughout the AGREEMENT term, SEQUOIA shall agree to maintain its personal property (portable equipment, storage units, etc.) in a manner agreeable to CITY. SEQUOIA shall be responsible for picking up and disposing of trash and litter after each use as set forth in section 5. SEQUOIA shall also be responsible for any repair or maintenance resulting from vandalism and/or graffiti during the softball season on equipment or structures that are owned by SEQUOIA. Said graffiti removal shall be completed in accordance with the current Ordinance governing graffiti removal in the City of Visalia.

9. STORAGE:

SEQUOIA shall be allowed to maintain storage/maintenance two (2) container (sea train) subject to CITY approval in an area designated by CITY for such use. Container x ith CITY standards as to size, location, maintenance/condition and color of such storage container(s). The CITY is not responsible for damage and/or theft to SEQUOIA property while stored at the facility.

10. PARKING / USE OF MOTORIZED VEHICLES
Vehicles must be parked in designated parking areas. SEQUOIA may not charge for parking without written consent from the CITY. SEQUOIA may not reserve parking spots without written consent from CITY. RV parking shall be restricted to the north overflow lot on Riverway Drive. Overnight camping is not allowed.

11. OUTSIDE VENDORS
Only SEQUOIA is permitted to provide goods and/or services under the agreement. If SEQUOIA desires to have an outside vendor provide food, entertainment, goods or other 641
5 services, such vendor must be pre-approved in writing by the City of Visalia. Only vendors with a valid City of Visalia Business Tax Certificate and other permits as required by Tulare County and/or the State of California will be considered. Authorized vendors must provide the City of Visalia with a certificate of insurance naming the City of Visalia as additionally ensured for the date(s) and time(s) of service.

12. SECURITY
SEQUOIA shall provide security and supervision at all scheduled activities, including crowd control, at a level satisfactory to CITY, sufficient to ensure adequate protection of the premises which are the subject of this FACILITY USE AGREEMENT. This shall include the presence of SEQUOIA Board Members while games are in progress.

13. ASSIGNMENT
SEQUOIA shall not assign, mortgage, sublet or otherwise transfer any interest in this FACILITY USE AGREEMENT to any person, firm, organization or corporation during the term of this FACILITY USE AGREEMENT or any extension thereof without the written consent of CITY first had and obtained.

14. INDEMNIFICATION:

SEQUOIA hereby agrees to and shall defend, protect, indemnify, and hold harmless the CITY and all officers, agents, representatives, and employees thereof from any and all liability, claims, or damages of whatsoever kind or character, including attorneys fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of SEQUOIA, SEQUOIA dent contractors, employees, representatives, agents, and invitees, and the passive or active negligent acts or omissions of the CITY or its officers, agents, representatives, and employees while acting within the scope of their duties regarding work to be performed pursuant to this AGREEMENT. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims, or liability. This FACILITY USE AGREEMENT shall be binding upon SEQUOIA whether or not there are any allegations of fault negligence or liability of the indemnities hereunder.

15. INSURANCE REQUIREMENTS:

It is further understood and agreed that SEQUOIA shall secure and maintain during the term of this FACILITY USE AGREEMENT, and any renewal thereof, a policy of commercial general liability and property damage insurance, naming the CITY as co-insured, with a single combined liability limit of $2,000,000.00, and property damage limits of not less than $1,000,000.00, insuring against all liability of SEQUOIA and its authorized representatives arising out of and in connection with SEQUOIA he premises. All general liability insurance and property damage insurance shall insure performance by SEQUOIA of the indemnity provisions of item 15. CITY shall be named as additional insureds, the policy shall contain cross liability endorsements, and an endorsement requiring 30 days written notice from the insurance company to all parties before cancellation or change in the coverage, scope or amount of any policy. Such policy, or a certificate of the policy, together with evidence of payment of premiums, shall be delivered to CITY at the commencement of the term, and on renewal of the 642
6 policy not less than 30 days before expiration of the term of the policy. SEQUOIA, at its own cost, shall be responsible for maintaining a policy of insurance covering its personal property located on the premises.

In addition to the above general liability insurance, throughout the lease term, SEQUOIA shall purchase tournament and clinic insurance with limits of not less than $2,000,000 general liability and $250,000 personal injury for each scheduled tournament and/or clinic. Also throughout the AGREEMENT term, at any time SEQUOIA employs any person(s), SEQUOIA shall, at

SEQUOIA
insurance with statutory limits and em ty insurance with limits of not less than $1,000,000.00 per accident.

16. DISCRIMINATION
SEQUOIA for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, sex, handicap, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said premises.

17. TERMINATION
In addition to any other provision in this FACILITY USE AGREEMENT, this AGREEMENT may be canceled or terminated upon the following:

A. This AGREEMENT and the tenancy hereby granted may be terminated or canceled at any time by either party hereto by giving to the other party not less than sixty (60) days written notice.

B. This AGREEMENT shall terminate automatically if either party hereto fails to remedy any breach or any term or condition of this AGREEMENT within thirty (30) days after receiving written demand from the other party to do so. If however, either party is diligently proceeding in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction.

C. SEQUOIA agrees at the end of the LEASE term or in the event of an early termination, as provided for herein, to quit and deliver up said premises in as good condition as they are now, ordinary wear and tear excepted.

18. QUIET ENJOYMENT
CITY does hereby covenant and agree that upon the performance of all covenants by SEQUOIA as herein provided, SEQUOIA shall peaceably and quietly hold and enjoy said premises during the term of this AGREEMENT and any extension thereof except as otherwise provided hereupon the termination of this AGREEMENT or any extension thereof.

19. AMENDMENT
This AGREEMENT may be amended at any time by mutual agreement of the parties in writing.

20. NOTICE
All notices to be given by SEQUOIA pursuant to this AGREEMENT shall be mailed to City of Visalia, Parks & Recreation Department, 345 North Jacob Street, Visalia California 93291; and 643
7 all notices to be given to SEQUOIA pursuant to this LEASE AGREEMENT shall be mailed to SEQUOIA c/o SEQUOIA President. (mailing address) ________________________________ . For the purpose of this AGREEMENT, SEQUOIA shall
designate one point of contact with which the CITY shall coordinate the use of fields, maintenance concerns and other communications. This representative or a designee in his /her absence will be the only authorized agent of SEQUOIA to coordinate use throughout each season.

IN -WITNESS WHEREOF, the parties have executed this LEASE AGREEMENT as of the date first above written.

KAWEAH LITTLE LEAGUE SOFTBALL CITY OF VISALIA
D.B.A. SEQUOIA SOFTBALL
SEQUOIA Board President Date Leslie Caviglia, City Manager Date Risk Management Date
APPROVED AS TO FORM:

City Attorney Date
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City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0049 Agenda Date: 2/22/2022 Agenda #: 6.

Agenda Item Wording:

Award and authorize the City Manager to execute a one-year contract, eligible for annual renewal up to four (4) additional consecutive years, with four (4) prequalified engineering design firms, Peters Engineering Group, Kimley-Horn and Associates, Inc., GHD Inc., and JLB Traffic Engineering, Inc., for a not to exceed amount of $125,000 per year per firm.

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 City Council award and authorize the City Manager to execute a one-year contract, eligible for annual renewal up to four (4) additional consecutive years, with four (4) prequalified engineering design firms, Peters Engineering Group, Kimley-Horn and Associates, Inc., GHD Inc., and JLB Traffic Engineering, Inc., for a not to exceed amount of $125,000 per year per firm.

Summary:

The CIP Engineering division regularly requires professional design services for various traffic signal and intersection improvement projects. Staff has compiled a list of four design firms, who have been qualified through a Request for Qualifications (RFQ) process, to provide design services for traffic signal and intersection improvement projects. These prequalified firms will be placed on a rotating on call list to provide the requested design services.

Bidding Process:

The City of Visalia received seven (7) statements of qualifications in response to the advertised Request for Qualifications for RFQ 20-21-55, On Call Professional Services for the Design of Traffic Signal and Intersection Improvements on November 3, 2021. Statements of qualifications were received from the following Consultants:

No. Consultant Location

1. Peters Engineering Group Clovis, CA

2. Kimley-Horn and Associates, Inc. Oakland, CA

3. GHD Inc. Fresno, CA

4. Quad Knopf, Inc. Visalia, CA

5. JLB Traffic Engineering, Inc. Fresno, CA

6. TJKM Transportation Consultants Pleasanton, CA
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7. Provost & Pritchard Engineering Group, Inc. Visalia, CA In response to the Request for Qualifications, consultants submitted proposals to demonstrate their firm’s capabilities, experience on similar projects, and assigned team members’ experience in relation to the services being requested. A selection committee was formed to review and evaluate each Consultant’s proposal by scoring the firms based on their knowledge, expertise, personnel, and past performances on similar projects.

After the proposals were scored, panel interviews were conducted with each firm. Both the results of the panel interview and the proposal were taken into consideration to establish a ranking among the firms.

As stated in the RFQ, the City would only be able to prequalify up to five consultants. Using the rankings, the City selected the top four qualified consultants listed below in no specific order:

No. Consultant Location

1. Peters Engineering Group Clovis, CA

2. Kimley-Horn and Associates, Inc. Oakland, CA

3. GHD Inc. Fresno, CA

4. JLB Traffic Engineering, Inc. Fresno, CA
Peters Engineering Group, Kimley-Horn and Associates, Inc., GHD Inc., and JLB Traffic Engineering, Inc were among the four highest qualified firms.

Staff has worked with these companies on previous traffic and transportation related projects and each one meets the requirements presented in RFQ 20-21-55 to perform the design services requested. The order listed above does not reflect the rankings of the firms or the order of work to be assigned. Staff recommends that the four firms listed above be awarded the annual contract.

Background Discussion:

The previous on call contract for professional design services of traffic signals and intersection improvements was established in 2017 and has recently expired in January 2022. In addition to the similar design services requested from the previous contract, this RFQ also included additional services such as corridor studies and intersection control evaluations to help the City develop a more efficient, robust transportation network.

By utilizing a rotating list of prequalified design consultants for the design of traffic signals and intersection improvement projects, the process to award design contracts will become more efficient resulting in less staff time spent in the consultant procurement process and allowing the design phase of projects to start earlier.

When the City requires design services for a project, the next firm on the list will be contacted to negotiate the proposed design cost for each individual project. This process will eliminate approximately seven weeks for advertisement and evaluation of multiple design proposals for each individual project. The design work will be distributed amongst the list of prequalified design firms on a rotational basis for the first contracted year and any additional contract renewals up to four consecutive years.

Fiscal Impact:

The design services will be charged to the applicable capital improvement project. Typically, design services for traffic signals can range between $40,000 to $70,000 depending on the complexity of the project. Design services as result of this contact will be on an as needed basis and paid out of design budgets for City Council approved projects for a not to exceed amount of $125,000 per year per firm.

Prior Council Action:

City Council authorized the City Manager to award the previous On Call Professional Services for the Design of Traffic Signal and Intersection Improvements Contract on January 17, 2017.

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Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the award and authorize the City Manager to execute a one-year contract, eligible for annual renewal up to four additional consecutive years, with four prequalified engineering design firms, Peters Engineering Group, Kimley-Horn and Associates, Inc., GHD Inc., and JLB Traffic Engineering, Inc, for a not to exceed amount of $125,000 per year per firm.

Environmental Assessment Status:

None.

CEQA Review:

None.

Attachments:

1. Ownership Disclosure Form
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City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0053 Agenda Date: 2/22/2022 Agenda #: 7.

Agenda Item Wording:

Authorize the City Manager to award a contract for RFB No. 21-22-06 Wastewater Treatment Plant (WWTP) Janitorial Services for a not to exceed annual amount of $29,040 to Prestige Facility Solutions, Inc. of Visalia, Ca.

Deadline for Action: None
Submitting Department: Public Works
Contact Name and Phone Number:

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

Staff recommends that that Council authorize the City Manager to award a contract for a not to exceed annual amount of $29,040 to Prestige Facility Solutions, Inc. of Visalia, Ca. for janitorial services at the Wastewater Treatment Plant.

Background Discussion:

In 2016 the WWTP began piggybacking on the Airport’s janitorial cleaning contract with Prestige Facility Solutions, Inc. That contract expired in 2021 and a six (6) month temporary contract was issued while the WWTP could solicit bids for a new contract. A formal bid process was conducted, and on November 10, 2021, staff received three (3) bids that were submitted for the project, the results of which are shown below.

No. Contractor Location Base Bid
1 Prestige Facility Solutions, Inc Visalia, CA $29,040
2 Tri County Janitorial Kingsburg, CA $31,020
3 Building Maintenance Services, Inc Tulare, CA $82,080 The WWTP Administration building is approximately 9,700 sq feet and consists of 13 offices (9 occupied), 2 Telemetry rooms, 3 restrooms, a conference room, breakroom, and a large training room. The Lab/Locker room facility is approximately 4,000 sq feet with 3 offices, 2 locker rooms with restrooms and showers in each, and a conference room. Services to be provided five (5) days a week include, but are not limited to; cleaning & disinfecting of all horizontal services, emptying of trash containers, clean & disinfect all restroom facilities, refill all paper products, and vacuum/mop all floors in both the Administration building and the Lab/Locker Room building. In addition, all windows will be cleaned every two (2) weeks along with spot/spill cleaning of carpets as needed at both facilities. All paper products, soap, and trash can liners are provided by the City.

Prestige Facility Solutions, Inc submitted the lowest responsive bid, although it is $7,203 above the City of Visalia Page 1 of 2 Printed on 2/22/2022
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Prestige Facility Solutions, Inc submitted the lowest responsive bid, although it is $7,203 above the current contract pricing, it is Staff’s recommendation they be awarded the contract.

Fiscal Impact:

The initial contract term shall be for one (1) year, with an option of four (4) single year extensions for a term of five (5) years. The prices bid by the vendor may be adjusted by the CPI-U annually at the time of renewal upon mutual agreement. Funding for these services are available in the Wastewater Operating Fund (431).

Alternatives:

Do not award contract and re-bid.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award a contract to Prestige Facility Solutions, Inc. for janitorial services at the WWTP, for a not to exceed annual amount of $29,040.00.

Attachments:

RFB No. 21-22-06
RFB No. 21-22-06 Bid Summary
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RFB NO. 21-22-06
WWTP Janitorial Services
Page i

CITY OF VISALIA

REQUEST FOR BID RF
RFB NO. 21-22-06
PROJECT: Wastewater Treatment Plant (WWTP)
Janitorial Services

BIDS ARE DUE NO LATER THAN
2:00 P.M. ON WEDNESDAY, NOVEMBER 10, 2021
The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

Advertisement Dates: October 6, 2021
October 12, 2021
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TABLE OF CONTENTS
I. DEFINITIONS .................................................................................................. 1 II. INTRODUCTION .............................................................................................. 1 III. INSTRUCTIONS ............................................................................................... 1 IV. SCOPE OF SERVICES/PROJECT ..................................................................... 3 V. PRE-BID AND PRECONSTRUCTION MEETINGS ............................................... 4 VI. BID OPENING AND CONFIDENTIALITY ............................................................ 4 VII. AWARD ........................................................................................................... 5 VIII. PROTESTS/APPEALS ...................................................................................... 5 IX. SPECIAL CONDITIONS .................................................................................... 6 X. GENERAL CONDITIONS ................................................................................... 7 XI. POST AWARD RESPONSIBILITIES .................................................................. 10

EXHIBITS
A. BID FORM
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Equal Employment Opportunity Compliance Certificate B-2. Non-Collusion Affidavit
B-3.

B-4. Bidder s Statement on Previous Contracts Subject to EEO Clause B-5. Americans with Disabilities Act Compliance Certificate B-6. Ownership Disclosure
B-7. Drug-Free Workplace
C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS
ATTACHMENTS:

1. City Observed Holidays
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I. DEFINITIONS
For the purposes of this RFB NO. 21-22-06, the following terms shall have the meanings indicated:

1. 2. salia

3. "Bidder", "Ve
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 re used interchangeably to mean
in response to this Request for Bid.

5. RFB Request for Bid No. 21-22-06.

II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for janitorial services for the City of Visalia Wastewater Treatment Plant Administration Building and Lab and Locker Rooms which are located at 7579 Avenue 288, Visalia, CA 93277.

The initial contract shall be for a twelve (12) month period and shall, at the City s option and upon mutually agreeable terms, be renewable annually thereafter for four (4) consecutive one-year periods.

The successful contractor shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon the receipt of the City s Notice to Proceed.

In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.

The local preference for bid consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

Tentative month of award is November 2021 and Contractor must be able to begin the work as described within this bid upon receipt . III. INSTRUCTIONS

1. Fill out attached Bid Form ( ) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: Wastewater Treatment Plant (WWTP) Janitorial Services RFB NO. 21-22-06
CLOSING DATE: November 10, 2021 at 2:00 p.m.
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4 Submit each of the required Certifications, Affidavits, Assurances, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.

5. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be obtained by visiting our web site at visaliapurchasing.org, or by calling (559) 713-4334. However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email [email protected]. Questions regarding this RFB are due no later than: October 29, 2021.

BID SUBMITTAL INSTRUCTIONS
You may ship via Fed Ex or UPS or use the designated City Drop Box as specified below.

Location for SHIPPING bid via UPS or Fed Ex: (allow ample time as there may be shipping delays) Visalia Purchasing Division RFB-21-22-06
707 W. Acequia Avenue
Visalia, CA 93291
Location for City Drop Box: Bids/Proposals must be received prior to the close date and time stated. Drop Box is located at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA 93291. Enter the west parking lot of the building off of Stevenson Street. The Drop Box is label and is located on the building across from the bicycle racks.

REQUIREMENTS TO ATTEND BID/PROPOSAL OPENING
Facemasks are required if you are not fully vaccinated against COVID-19.

Night Drop Box
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IV. SCOPE OF SERVICES/PROJECT
The City of Visalia is seeking a qualified contractor to provide janitorial services as specified herein. Services shall include all necessary labor, supervision, tools and supplies and equipment in order to keep all WWTP facilities cleaned and properly supplied. Paper towels, toilet paper, soap and trashcan liners will be supplied by the City. Work will be done after 5:00 p.m. and before 12:00 a.m. Locations that require service 5 days per week shall exclude City observed holidays (see Attachment 1).

A. Services to be provided five (5) days per week at 7579 Ave 288 (WWTP Administration Building):

Office:

Wipe entry glass door clean
Empty trash cans and replace liners (tying them to fit trash cans) Vacuum rugs/carpet
Wipe clean and disinfect reception area
Wipe clean and disinfect all horizontal surfaces
Wipe clean and disinfect tables in lobby area
Wipe clean and disinfect horizonal surfaces in break room and open work areas Restroom:

Wipe clean and disinfect door handle and light switches Wipe clean and disinfect sinks inside and out
Wipe clean and disinfect toilets (paying special attention to fronts and bases of toilets)
Wipe clean mirrors
Empty trash can and replace liner
Refill paper products and soap
Dust mop and wet mop tile floors
B. Services to be provided five (5) days per week at 7579 Ave 288 (WWTP Lab and Locker Rooms):

Office:

Wipe clean glass doors
Empty trash cans and replace liners (tying them to fit trash cans) Deposit all trash in dumpster or other designated container Vacuum rugs/carpet
Wipe clean and disinfect reception area
Wipe clean all horizontal surfaces including all open work areas Wipe clean and disinfect counters and break area
Clean, disinfect and vacuum carpet areas
Dust mop and wet mop tile floor
Restroom:

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C. Services to be provided every two (2) weeks at all facilities:

Window Cleaning
Carpet Cleaning (spot and spill cleaning as needed)
D. Contractor Employee Policy: The Contractor agrees to be responsible for and shall provide supervision of all its employees working under this agreement.

The Contractor shall make certain that all employees:

1. Wear an identification badge or a logo shirt.

2. Not leave keys in doors or admit anyone in building or office who is not a designated employee of the Contractor. Alarm, if applicable, must be responsibly deactivated upon arrival and activated on leaving.

3. Not disturb any papers, boxes or other materials except that in trash receptacles or designated areas for trash or unless such material is properl . 4. Report all property loss or damage to their supervisor immediately. The supervisor shall report such damage within eight (8) hours to the Airport Manager in writing, specifying the location and extent of the damage.

5. Shall not dust ks or work surfaces.

6. Shall not open drawers, file cabinets, or use telephones. They shall not tamper with computers, copiers, or other office equipment.

7. Not take for personal possession any article or materials from the premises regardless of its value or re de the
contents of, or any item found in trash containers or around the premises. Trash items are to be placed in the receptacles.

E. Criminal Check: The Contractor will have a pre-employment criminal check conducted for each employee. Any individual convicted of a misdemeanor or felony involving theft shall be unacceptable for work under this contract.

V. PRE-BID MEETING

1. A Non - Mandatory Pre-Bid Meeting. A non-mandatory pre-Bid meeting will be held at 7579 Avenue 288, Visalia, CA on Thursday, October 21, 2021 @ 10:00 a.m.

Attendance at this meeting is not required to submit a Bid in response to this RFB however, information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

City Project Manager: Brad Crim, WWTP Superintendent
Department: Public Works Wastewater Treatment Plant
VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Wednesday, November 10, 2021 at 2:00 p.m. at 707 W. Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any
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After the award, the City intends that its selection process will be open and public.

Respondents are advised that the Calif
any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.

The Federal Freedom of Informat F
Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidde submission which the Bidder believe qualifies for exemption from public first submission of Bid Bid to this RFB. Any failure to identify information contained in a Bid Bid to this RFB a
constitute a waiver of Bidder ject to the release of such information upon request under either Act.

VII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attache with Attachments 1-2) shall be awarded with
reasonable promptness by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.

VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

3. Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required. 670
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4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the City which is
available through C Purchasing Division.

IX. SPECIAL CONDITIONS

1. Project Administrative Issues a. Project. The successful Bidder shall be responsible for providing all materials, labor, equipment, and services necessary to fulfill the requirements of this RFB. It is the intent of this RFB and related agreement to describe a functionally complete project.
b. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract price or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.

If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.

Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in th uch extensions are
commensurate with the amount and difficulty of added work.

Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.
c. Omitted Items. Project Manager is authorized to omit minor contract items.

Major items must be omitted by supplemental agreement.
d. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager 671
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may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed or the Change Order Committee shall approve an increase in a Change Order issued after the Extra Work is completed. No additional payment is due for unauthorized Extra Work.

If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work. The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period, the Project Manager may move forward with issuing a Change Order to adjust the contract price.

2. City-Contractor Relations
a. Project Manager s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.
b. Contractor/Contractor s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent.

3. Legal Responsibilities
a. It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project.

Contractor shall comply with all applicable labor laws and ensure against discrimination.
b. 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.

X. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.
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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 that receives or benefits from Federal financial assistance.

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.

5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.

7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

8. All Bids are the property of the City after submission.

9. City is not responsible for Bid errors and omissions.

10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be con discretion.

11. A written amendment Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is Purchasing Division prior to submitting a Bid to
determine if any amendments were made to the RFB.

12. Any contract resulting from the RFB will be jointly administered by the Purchasing Division, and the Department requesting Bids.

13. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Please call (559) 713-4326 for more information. 673
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14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.

15. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.

16. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.

17. ther things being equal, tie Bids shall be awarded
to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

18. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.

19. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions, and specifications. The City of Visalia shall incur no responsibility

20. Each Bidder will be required to submit Certifications, Affidavits, Bid Guarantees, Assurances, Statements and Questionnaires wh

21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid . Contractor may be required to submit Proposals on alternate items. The City reserves the right to award to the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.

24. No mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.

25. Only one Bid may be submi Prime Contrac k by any
firm, individual, partnership, corporation, or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, 674
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firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested.

A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.

XI. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined , Attachment 2. Contractor shall provide evidence of such Purchasing Division prior to commencement of work on the project.

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
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BID FORM
RFB NO. 21-22-06
Project: Wastewater Treatment Plant (WWTP)
Janitorial Services
TO: THE CITY OF VISALIA PURCHASING DIVISION:
s No. 21-22-06 dated ___________________,
the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts and words shall govern over figures.

BIDDER hereby agrees to execute a contract within ten (10) calendar days, or such further time as may be allowed in writing by the Purchasing Agent, after receiving notification of the acceptance of this Bid.

BIDDER agrees to commence the work on the start date agreed between BIDDER and Project Manager, only after the contract is fully executed and Notice to Proceed has been issued.

BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

Bid Award shall be based on the lowest Total Bid Amount. The quantities given on the Bid Proposal form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not expressly or impliedly agree that the actual amount of work will correspond therewith and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the bid form.

In the case of discrepancy in amounts bid, unit pricing shall prevail over extended amounts.

Bid Prices shall include all labor, taxes, surcharges, and all other costs associated with fulfilling the terms of this contract.
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Description: Wastewater Treatment Plant Janitorial
Services Annual Contract per specifications of RFB 21-22-06 Annual Cost

1. 7579 Ave 288 (Administration Building & Bathrooms) $ _________________

2. 7579 Ave 288 (Lab & Locker Rooms & Bathrooms) $ _________________ TOTAL BID AMOUNT $ ______________________
(1) ______________________________________________________________________________________________ Bidding Firm
(2) _______________________________________________________________________________________________ Corporation, Partner, Joint Venture
(3) _______________________________________________________________________________________________ Business Address City State Zip Code
_______________________________________________________________________________________________ Telephone Number Fax Number
_______________________________________________________________________________________________ E-mail Address
(4) _______________________________________________________________________________________________ Signature of Authorized Person (Date)
________________________________________________________________________________________________ Type or Print Author

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation. (2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating unde
(3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. (4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.
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Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code. CONTRACT PERMIT INFORMATION
License Number: ____________________ License Classification: _____________________________________ Expiration Date: _________________________________________ CITY OF VISALIA BUSINESS TAX CERTIFICATE NO.: __________________________________________ A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a Business Tax Certificate prior to commencement of work, regardless of whether the business address is actually located within the City. Contact the Business Tax Division for clarification or questions at (559) 713-4326.

Federal Tax I.D. No.: ____________________________________________________ REFERENCES The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past (2) two years.

Company Name Address Tel. No. Contact

1. ________________________________________________________________________________________________

2.________________________________________________________________________________________________

3.________________________________________________________________________________________________

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.

Company Name Address Telephone Number Type __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 678
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E -1

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
To Accompany Bid Form
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER 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 BIDDER 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 BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER 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 representative of the
BID commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.

4. The BIDDER 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.

5. The BIDDER 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.

6. In the ev -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 BIDDER 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.

7. The BIDDER 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 SUBBIDDER or vendor. The BIDDER 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, 679
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however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
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-2

NON-COLLUSION AFFIDAVIT
To Accompany Bid Form

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.

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)
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EXHIB -3
(CALIF. LABOR CODE § 3700)
To Accompany Bid Form

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 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.

Page 18 ends

-4
BIDDER

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 mployee Information Report EEOI r to award of the contract.

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

Page 19 ends

-5

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
To Accompany Bid Form
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.

Page 20 ends

-6

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 __________________________________________________________ 685
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EXH -7

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
To Accompany Proposal

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
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) ganiza -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 -free workplace policy statement, and
(b) Will agree to abide by the terms of the company statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the 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.
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EXHIBIT

SAMPLE AGREEMENT
PROJECT: Wastewater Treatment Plant (WWTP) Janitorial Services (City of Visalia Bid No. 21-22-06)
This Agreement, entered into and effective this ________ day of ________________, 2021 ive Da s the
. R E C I T A L S
WHEREAS, CONTRACTOR 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 completion of the Wastewater Treatment Plant Janitorial Services Project, which was let to bid on ___________ as evidenced by Bid No. 21-22-06; and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR 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 indemnification and defense provisions shall survive expiration and termination. Suspension or termination of this Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. 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 Bid 21-22-06, WWTP Janitorial Services Attachment 4 CONTRACTOR l in response to Bid No. 21-22-06

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the All work described in Scope of Services in Bid No. 21-22-06 687
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4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation 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 invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

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 RFB 21-22-06.

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.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR
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 CONTRACTOR 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

Total Compensation: $
Source of Funds: Local Revenues (Wastewater)
Payment Schedule: As invoices are received, within 30 days of invoice 688
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Dated: ____________________ By: ______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By: ______________________________________________________ City of Visalia Project Manager
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Exhibi
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 CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk 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 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 ( n) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees. I. : 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 690
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court or arbitrator, shall be entitled to recovery of its att and court costs incurred in the action brought thereon.

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

K. 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. 691
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Exhi 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 CON l not contribute to it.

2. Sub rance. 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 in this Agreement.

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. nsation 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 CONTRACTO n the performance of this Agreement, including owned, non-owned (e.g. owned by ed vehicles, in the minimum
amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle used by CONTRACTOR is not a material part of performance of this Agreement.
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 Agreeme
ees to maintain the required coverage for a period
of three (3) years after the expiration of t
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:
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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. 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 prov surance 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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ATTACHMENT 1
City of Visalia Observed Holidays

1. (January 1)

2. Martin Luther King, Jr. Day (3rd Monday in January)

3. (3rd Monday in February)

4. Memorial Day (Last Monday in May)

5. Independence Day (July 4)

6. Labor Day (1st Monday in September)

7. (November 11)

8. Thanksgiving Day (Designated Thursday in November)

9. The Friday After Thanksgiving

10. Christmas Day (December 25)
694
695
City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0058 Agenda Date: 2/22/2022 Agenda #: 8.

Agenda Item Wording:

Request authorization to record the final map for Candelas II subdivision located on the southwest corner of East Tulare Avenue and South Vista Street (59 lots); and the formation of Landscape and Lighting Assessment District No. 22-02, “Candelas II” and levying the annual assessments (Resolution Nos. 2022-12 and 2022-13 required).

Deadline for Action: 2/22/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Ather Razaq, Associate Engineer, [email protected] <mailto:[email protected]>, (599) 713-4268
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:

Staff recommends that City Council authorize the recordation of the final map for Candelas II subdivision located on southwest corner of East Tulare Avenue and South Vista Street (59 lots); staff also recommends the adoption of Resolution No. 2022-12 initiating proceedings for the formation of Assessment District No. 22-02 "Candelas II"; and adopt Resolution No. 2022-13 ordering the improvements and levying the annual assessments for Assessment District No. 22-02, "Candelas II." Summary:

The final map for the Candelas II Subdivision will be subdividing 12.70 acres into a 59-lot singlefamily residential subdivision with four Out Lots (A through D) for street frontage landscaping along Tulare Avenue. The proposed single-family residential subdivision will have vehicular access from Tulare Avenue, a collector street, and Vista Street, a local street. In addition to street frontage improvements including curb, gutter, sidewalks, and streetlights, the project will also extend sewer lines, storm drainage, and other public infrastructure utilities (i.e., electricity, gas, and water) to serve the residential subdivision. The final map for Candelas II is ready for recording.

All bonds, cash payments, subdivision agreement, and final map will be submitted by the developer, Lennar Homes of California, LLC, and will be in the possession of the City as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $1,483,836.89 and Labor and Materials Bond in the amount of $741,918.45; 3) cash payment of $300,090.08 distributed to various accounts to cover City fees; and 4) final map. All required items shall be submitted and approved by the City prior to the final map being executed and recorded.

The Landscape and Lighting Assessment District No. 22-02 has also been reviewed and approved as to form by the Landscape and Lighting District Committee. 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., City of Visalia Page 1 of 4 Printed on 2/22/2022
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File #: 22-0058 Agenda Date: 2/22/2022 Agenda #: 8.

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 Faithful Performance Bond covers the cost of constructing the public improvements noted in the subdivision agreement and the Labor and Material Bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the Subdivision Ordinance, the Faithful Performance Bond covers 100% of the cost of the public improvements. The Labor and Material Bond is valued at 50% of the Faithful Performance Bond. A Maintenance Bond valued at 10% of the cost of the public improvements will be required prior to recording the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers Development Impact Fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized. Differences are due in cash at the time of City Council approval of the map.

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 homeowners’ 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 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 form this district. 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.

Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final map is a ministerial action. Section 16.24.080 of the Subdivision Ordinance limits the City Council’s action to the specific determination that the final map substantially conforms to the contents of the tentative map, and the California Subdivision Map Act states that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map.” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject all offers of dedication on the final map pursuant to Section 16.24.080 of the Subdivision Ordinance and require that the City Engineer so indicate on the final map; however, staff’s recommendation is that the City Council authorize recordation of the final map and accept all offers of dedication as previously described in this report.

Fiscal Impact:

The 59 lots will be contributing to the landscape and lighting assessment district (L&LD 22-02) created for maintenance of common features related to this subdivision. These common features include but are not limited to pavement on local streets, block wall, streetlights, and landscaping City of Visalia Page 2 of 4 Printed on 2/22/2022
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File #: 22-0058 Agenda Date: 2/22/2022 Agenda #: 8.
include but are not limited to pavement on local streets, block wall, streetlights, and landscaping within Out Lots.

The annual assessment for each lot will be $424.56.

Please note, the assessment district is subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($25,049.30) (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.

Prior Council Action:

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.

Committee/Commission Review and Action:
· The Candelas II Tentative Subdivision Map No. 5579 was approved by the Planning Commission on July 12, 2021. The Landscape and Lighting District No. 22-02 was reviewed and approved as to form by the Landscape and Lighting Committee in February 2022.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the recordation of the final map for Candelas II subdivision; and to adopt Resolution No. 2022-12 initiating proceedings for the formation of Assessment District No. 22-02 “Candelas II” and adopt Resolution No. 2022-13 ordering the improvements and levying the annual assessments for Assessment District No. 22-02 “Candelas II”.

CEQA Review: Negative Declaration No. 2021-15, adopted July 12, 2021.

Attachments:

1. Resolution document including:
a) Initiating Proceedings for Formation, Clerk’s Certification, and Resolution Ordering the Improvements,
b) Exhibit A - Assessment Diagram
c) Exhibit B - Landscape Location Diagram
d) Exhibit C - Tax roll Assessment
e) Exhibit D - Engineer’s Report
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File #: 22-0058 Agenda Date: 2/22/2022 Agenda #: 8.

2. Location Map

3. Development Disclosure

4. Final Map

5. Application for the Formation of Landscape and Lighting District City of Visalia Page 4 of 4 Printed on 2/22/2022
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RESOLUTION NO. 2022-XX

RESOLUTION INITIATING PROCEEDINGS
FOR ASSESSMENT DISTRICT NO. 22-02
Candelas II
(Pursuant to Landscape and Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council proposes to form an assessment district pursuant to the Landscaping & Lighting Act of 1972 (Section 22500 and following, Streets & Highways Code) for the purpose of the following improvements:

Maintenance of local streets, streetlights, landscaping, block wall, and any other applicable equipment or improvements.

2. The proposed district shall be designated istrict No. 22-02, City of Visalia, Tulare County, California, and shall include the land shown on the map designated agram, Assessment District No. 22-02, City of Visalia, Tulare County, Candelas II

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

4. The owner
PASSED AND ADOPTED: February 22, 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-XX passed and adopted by the Council of the City of Visalia at a regular meeting held on February 22, 2022.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
700
ASSESSMENT DISTRICT NO. 22-02
Candelas II Subdivision
(Pursuant to Landscaping & Lighting Act of 1972)
TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:
22-02, City of
Visalia, Tulare County, Ca February
22, 2022, by its Resolution No. 2022-XX.

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
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RESOLUTION NO. 2022-XX

RESOLUTION ORDERING THE IMPROVEMENTS FOR
ASSESSMENT DISTRICT NO. 22-02
Candelas II
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council adopted its Resolution Initiating Proceedings for Assessment District No. 22-02, City of Visalia, Tulare County, California, and directed the preparation and filing of sed formation.

2. 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

4. The City Council hereby orders the improvements and the formation of the assessment district described in the Resolution Initiating Proceedings and in t

5. The City Council hereby confirms the diagram and the assessment contained in the 22-23.

6. The City Council hereby forwards the following attachments to Tulare County Office for recordation:
a.
b. Resolution Initiating Proceedings
c. Resolution Ordering Improvements
d.

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 -
702
PASSED AND ADOPTED: February 22, 2022 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

Dated: LESLIE B. CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk
703
A
Landscape Location Diagram
Landscape & Lighting Assessment District No. 22-02
Candelas II
704
Landscape Location Diagram
Landscape & Lighting Assessment District No. 21-06
Candelas II
705
Tax Roll Assessment
Landscape & Lighting Assessment District 22-02
Candelas II
Fiscal Year 2022-23
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Tax Roll Assessment
Landscape & Lighting Assessment District 22-02
Candelas II
Fiscal Year 2022-23
707
Landscape & Lighting Assessment District 22-02
Candelas II
Fiscal Year 2022-23
General Description
This Assessment District (22-02, Candelas II) is located southwest corner of Tulare Avenue and Vista Street s a map of Assessment District 22-02. This District includes maintenance of street trees, streetlights, block wall, pavement on local streets, and other applicable equipment or improvements. This District includes the preventive maintenance of all internal local streets by means including, but not limited to overlays, cape seals, crack seals, and reclamite (oiling). The total number of lots within the district is 59 lots.

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 purpose of pocket parks is to offer small open space/recreational venues of a more passive or intimate nature that serves residents within or adjacent to a planned residential development. The maintenance of any landscape areas, streetlights, and streets 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 streetlights, 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 by the uniform maintenance and overall appearance of the District.

Estimated Costs
The estimated costs to maintain the District includes the costs to maintain streetlights, 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. 708
Landscape & Lighting Assessment District 22-02
Candelas II
Fiscal Year 2022-23
The quantities, estimated costs, and per lot assessment in Candelas II lighting district are as follows:
709
Landscape & Lighting Assessment District 22-02
Candelas II
Fiscal Year 2022-23
Annual Cost Increase
This assessment district shall be subject to an automatic annual increase derived by the following formula:
= ($25,049.30) (1.05)
(n-1)
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 plu
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 $27,303.74 [a 9% increase over the base year assessment of $25,049.30]. The ceiling on the assessment increase for year four would be $28,997.70 [ceiling = ($25,049.30) (1.05) (4-1)]. The assessment would be set at $27,303.74 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 $28,305.71 [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 $287,997.70 [ceiling = ($25,049.30) (1.05) (4-1)]. The assessment would be set at $28,305.71 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 $27,303.74 [a 9% increase over the base year assessment $25,049.30] and damage occurred to the masonry wall raising the year five assessment to $33,310.56 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $30,034.11, a 10% increase over the previous year and under the ceiling of $30,447.58 [ceiling = ($25,049.30) (1.05) (5-1)]. The difference of $3,276.45 will be recognized as a deficit 710
Landscape & Lighting Assessment District 22-02
Candelas II
Fiscal Year 2022-23
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
711
TULARE IRRI. DIST.

LOCATION MAP
Subject Property
City Limit

E COLLEGE AVE

E TULARE AVE

E WALNUT AVE

E CHERRY AVE

PACKWOOD CREEK
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City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0047 Agenda Date: 2/22/2022 Agenda #: 9.

Agenda Item Wording:

Request authorization to record the final parcel map for Tentative Parcel Map No. 2020-09, located at the southeast corner of West Visalia Parkway and South Mooney Boulevard (APN: 000-014-678).

Deadline for Action: 2/22/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Lupe Garcia, Civil Engineer, [email protected] <mailto:[email protected]>, (599)713- 4197
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:

Staff recommends that the City Council authorize the recordation of the final parcel map for Tentative Parcel Map No. 2020-09, for the Oaks Market Place Shopping Center.

Summary:

Tentative Parcel Map No. 2020-09 is a request to subdivide a 38.36-acre parcel in the C-R zone to facilitate the development of the Oaks Marketplace Shopping Center. The Oaks Marketplace Shopping Center is a master-planned commercial shopping center that will be developed in four phases consisting of approximately 215,284 square feet of commercial space consisting of a specialty grocery store, seven drive-thru restaurants, a gas station/convenience store with drive-thru facility, a carwash facility, two sit-down restaurants, and 25 retail pads.

Background Discussion:

The area subject to this parcel map was annexed into the City of Visalia on June 16, 2021. The land was initially subdivided under Parcel Map No. 5336 which created the 38.36-acre parcel. Parcel Map No. 5536 was recorded on October 13, 2021. The proposed final parcel map is subdividing Parcel 1 of Parcel Map No. 5336 into 13 parcels with a 16.36-acre Remainder parcel in the C-R (Regional Commercial) zone. The parcel map is also dedicating to the City portions of right-of-way for Mid Valley Avenue, which is a collector street as defined by the City’s Circulation Element.

In addition to street dedication, the final parcel map, as required per the conditions adopted with Resolution No. 2020-61 of Tentative Parcel Map No. 2020-09, require full frontage improvements along Mooney Boulevard, Visalia Parkway, and Mid Valley Avenue to their ultimate alignment from centerline across all parcel frontages of the proposed final parcel map with the first phase of development. These required improvements are currently under review with the City pursuant to Building Permit No. B213416. These street frontage improvements will be completed prior to occupancy of the first parcel of development, which is currently an Aldi’s grocery store building City of Visalia Page 1 of 2 Printed on 2/22/2022
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File #: 22-0047 Agenda Date: 2/22/2022 Agenda #: 9.
(Building Permit No. B215519).

Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final parcel map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final parcel map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map.” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final parcel map pursuant to Section 16.24.080 and require that the City Engineer so indicate on the map; however, staff’s recommendation is that the City Council authorize recordation of the final parcel map and accept all offers of dedication as previously described in this report.

Fiscal Impact:

The recording of this final parcel map will have no fiscal impact. There are no Landscape and Lighting assessment districts required for this final parcel map.

Prior Council Action:

A request to initiate Annexation No. 2020-02 was approved by City Council on February 16, 2021.

Other:

1. Tentative Parcel Map No. 2020-09 was approved by the Planning Commission on November 8, 2021.

2. Tentative Parcel Map No. 2020-08 was approved by Planning Commission on January 25, 2021, while Annexation No. 2020-02 was recommended for approval to the City Council by the Planning Commission on January 25, 2021.

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

I move to authorize the recordation of the final parcel map for Tentative Parcel Map No. 2020- 09, for the Oaks Marketplace Shopping Center.

Environmental Assessment Status: Mitigated Negative Declaration No. 2021-42.

CEQA Review:

Mitigated Negative Declaration No. 2021-42 was adopted for this project.

Attachments:

1. Final Parcel Map

2. Location Map

3. Aerial Map

4. Development Disclosure
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Form Date: 8/9/07 Page 1 of 2

CITY OF VISALIA
Disclosure Development Project

INCOMPLETE OR LATE SUBMISSION OF DISCLOSURE STATEMENT COULD RESULT IN CONTINUANCE OR DELAY OF YOUR PROJECT.

SITE:

Address or APN(s): _________________________________________________________________________________ Short Title or Name of proposed project: _________________________________________________________________ Summary description of the proposed project: _____________________________________________________________ __________________________________________________________________________________________________ PROPERTY OWNER(S):

If more than two owners, please provide information and signature(s) on a separate sheet.

Name (print) _____________________________________ Name (print) ______________________________________ Mailing Address _________________________________ Mailing Address ___________________________________ _______________________________________________ _________________________________________________ Phone _________________________________________ Phone ___________________________________________ Statement: I/We declare under penalty of perjury that I am/we are the legal owner(s) of the property involved in this application. I/We authorize the person named in this application as the Project Main Contact to act as my/our representative with City Staff regarding the processing of this application. _______________________ ____________________________________________ Date Property Owner Signature ____________________________________________
Print Name & Title _______________________ ____________________________________________ Date Property Owner Signature ____________________________________________ Print Name & Title
OTHER INVOLVED PARTIES:

Fill in all that apply.

It is planned that the property will be sold to ______________________________________________________________ (Write “none” if property owner(s) do not plan to sell property.) Developer/Builder __________________________________________________________________________________ Mailing Address ____________________________________________________________________________________ Phone _____________________ Fax _____________________
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Form Date: 8/9/07 Page 2 of 2
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

List the names of all principals, partners, and/or trustees where any property owner and/or developer/builder are a partnership or trust. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:

NOTICE: If the above information regarding ownership and interest in this property changes before the project goes before City Council or Planning Commission, it is the responsibility of such parties to notify the City of Visalia of this change(s).
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Form Date: 8/9/07 Page 1 of 2

CITY OF VISALIA
Disclosure Development Project

INCOMPLETE OR LATE SUBMISSION OF DISCLOSURE STATEMENT COULD RESULT IN CONTINUANCE OR DELAY OF YOUR PROJECT.

SITE:

If more than two owners, please provide information and signature(s) on a separate sheet.

Fill in all that apply.

It is planned that the property will be sold to ______________________________________________________________ (Write “none” if property owner(s) do not plan to sell property.) Developer/Builder __________________________________________________________________________________ Mailing Address ____________________________________________________________________________________ Phone _____________________ Fax _____________________
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City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0060 Agenda Date: 2/22/2022 Agenda #: 10.

Agenda Item Wording:

Authorize the City Manager to award a one-year contract (with the option to renew for four additional years through April 2027) for city-wide uniform and laundry services to Unifirst Corporation for $455.12 per week, and linen service to Sparkle Linen Services for $1,045.20 per week, per specifications of RFB 21-22-15.

Deadline for Action: None
Submitting Department: Public Works
Contact Name and Phone Number:

Jason Serpa, Public Works Manager, [email protected], 713-4533 Wyndi Ferguson, Interim Public Works Director, [email protected], 713-4186 Department Recommendation:

Staff recommends that 1) Unifirst of Fresno, CA be awarded the Industrial Uniform and Laundry Services portion of the bid and 2) Sparkle Linen Services of Bakersfield, CA be awarded the linen services portion of the bid.

Background Discussion:

Since 2016, Prudential Overall Supply has provided Industrial and Uniform Laundry Services to Solid Waste, Fleet, Streets, Traffic Safety, Water Conservation Plant, Parks, and the Convention Center.

This contract delivered weekly uniform laundry service to approximately 150 employees and 750 total uniforms per week. During the same period, Mission Linen Service also serviced our linen rental and supply for the Convention Center, providing up to 500 banquet table covers, 150 round table covers, and 500 cloth table napkins per week.. This capacity is built into the contract as an as needed basis so that only the amounts requested by the Convention Center are what the City pays for. Mission Linen also supplied towels and mops to various departments including Police, Public Works, and Recreation.

According to the City’s Purchasing policy, no contract shall be more than 5 years, unless approved by Council. These contracts expired in October of 2021 and a Request for Bid was solicited on Bid-Net and various contacts were made with potential bidders.

Due to the variation of services and to give smaller businesses a chance to bid, the contracts have historically been split into two options: A-1: Industrial Uniform and Laundry Services and A-2: Linen Services. Potential bidders were informed that one or both contracts could be bid for and were separate in selection for lowest bid.

On November 24th and November 30th, the City of Visalia Purchasing Department advertised RFB 21 -22-15 for the annual contract of Industrial Uniform, Laundry and Linen Services by posting on BidCity of Visalia Page 1 of 3 Printed on 2/22/2022 powered by Legistar™728
File #: 22-0060 Agenda Date: 2/22/2022 Agenda #: 10.
-22-15 for the annual contract of Industrial Uniform, Laundry and Linen Services by posting on BidNet and soliciting in local newspapers. On January 6, 2022, the Purchasing Division received and opened bids from five companies as shown in Schedules A-1 and A-2, below:

SCHEDULE A-1, Uniform/Laundry
Services: Price per week
Unifirst Corporation $ 455.12
Prudential Overall Supply $ 507.81
Sparkle $ 517.42
Cintas $ 758.33
Aramark $ 835.53
SCHEDULE A-2, Linen Services: Price per week
Sparkle $ 1,045.20
Aramark $ 1,791.10
Cintas $ 361.07
Prudential Overall Supply N/A
Unifirst Corporation N/A
*Cintas bid for Linen Service was incomplete.

The low bidder for A-1 Industrial Uniform and Laundry service was Unifirst Corporation, which is located in Fresno, CA. The lowest bidder for A-2 Linen Services was Sparkle Linen Services from Bakersfield, CA. In both bids there were no local bidders. References were obtained from winning bidders and it was verified that both have experience and could meet the bid requirements. As stated in the bid document, the quantity of items on the bid form are estimated based on history and possible capacity increases, especially in the case of the Convention Center. Because a per item cost is built into the bid, the actual payment to the vendor may differ from the estimated bid price based on City needs.

The contractual agreement is for a one-year period and can be extended by the City annually for a total period not to exceed five years provided that satisfactory service is provided. A Consumer Price Index (CPI) adjustment may be requested by the vendor within 90 days of the annual renewal date of the contract, using the most recent CPI for All Urban Consumers, All Items. The services for these contracts are budgeted in the various departments’ operating budgets and will not need a budget amendment.

The proposed annual contract for uniform and laundry service is estimated to be less than the current contract by $2,700. The proposed contract for linen services is expected to be a $10,640 increase for a net annual increase of $7,940 as shown in the table below:

Current Vendor
Weekly Cost
Current Vendor
Annual Cost
Proposed Vendor
Weekly Cost
Proposed Vendor
Annual Cost Annual Savings
A-1 Uniform and Laundry Service $508 $26,400 $456 $23,700 ($2,700) A-2 Linen Service $840 $43,700 $1,045 $54,340 $10,640
Total Increase $7,940
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File #: 22-0060 Agenda Date: 2/22/2022 Agenda #: 10.

The costs estimated for these services will be paid out of the operating budgets within the various funds for each department/division for which the services are being rendered as outlined in RFB No. 21-22-15.

Prior Council Action:

None
Other:

N/A
Alternatives:

Reject the bid(s) and solicit new bids.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award the City-wide Industrial Uniform and Laundry services to Unifirst Corporation for $455.12 per week and Linen Services to Sparkle Linen Service for $1,045.20 per week, per specifications of RFB 21-22-15.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

RFB 21-22-15
RFB 21-22-15 Bid Summary
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City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0061 Agenda Date: 2/22/2022 Agenda #: 11.

Agenda Item Wording:

Authorize the appropriation of $2,867,667 in funds awarded from the California Natural Resources Agency (CNRA), Proposition 68 - Urban Flood Protection Grant Program and the transfer of $90,000 within the Storm Sewer Deficiency (222) Fund from the Lower Kaweah River and Mill Creek Flood Control Project (CP8334) to the Oakes Basin Project.

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

Dolores Verduzco, Financial Analyst, [email protected] 713-4540 Fred Lampe, Senior Civil Engineer, [email protected], 713-4270 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 following:

1. Authorize the appropriation of $2,867,667 in funds awarded from the California Natural Resources Agency (CNRA), Proposition 68 - Urban Flood Protection Grant Program for the Oakes Basin Project

2. Authorize the transfer of $90,000 within the Storm Sewer Deficiency (222) Fund from the Lower Kaweah River and Mill Creek Flood Control Project (CP8334) to the Oakes Basin Project.

Background Discussion:

The Oakes Basin is currently part of the three-basin “Lower Kaweah River and Mill Creek Flood Control Improvements Project (CP8334),” which will increase flood protection within the City of Visalia. CP8334 is funded by a California Department of Water Resources Flood Corridor Program (DWR) grant and includes funding from the City’s Storm Sewer Deficiency (222) Fund for the acquisition and development of the Peoples Basin, Oakes Basin and expansion of the Goshen Basin.

City staff earlier determined there were not sufficient funds available in CP8334 to complete the construction phase of the three-basin project. Therefore, staff sought additional grant fund opportunities to fund the Oakes Basin portion of the project. This strategy would allow the remaining DWR grant funds available to be utilized to complete the Peoples Basin and the expansion of the Goshen Basin in accordance with the original grant intent and would reduce the amount of Storm Sewer Deficiency funds needed to complete construction of the three basins.

City Council approved at the Council meeting held on June 21, 2021, the submission of a funding application to the California Natural Resources Agency (CNRA) for additional funds needed to City of Visalia Page 1 of 3 Printed on 2/22/2022
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File #: 22-0061 Agenda Date: 2/22/2022 Agenda #: 11.
application to the California Natural Resources Agency (CNRA) for additional funds needed to complete the Oakes Basin Project. The City requested and was awarded a total of $2,867,667 in grant funds from the Proposition 68 - Urban Flood Protection Grant Program. Therefore, staff recommends the appropriation of grant funds awarded and the transfer of $90,000 in Storm Sewer Deficiency (222) funds to complete the Oakes Basin project.

The Oakes Basin will create a stormwater basin located on 17.6 acres to the East of Visalia. The project will expand on the existing Oakes Basin creating 14.3 additional acres of storage space for the stormwater storage. This basin will reduce peak flows on Mill Creek just upstream of the City boundaries. The project will include a Valley Oak Woodland Habitat Component, planting 2.3 acres of the site with native Valley Oak trees and California native understory plantings.

The existing Oakes Basin is owned by the Kaweah Delta Water Conservation District (KDWCD). The Oakes Basin Expansion is owned by the City of Visalia and will be operated by KDWCD under agreement with the city. The Oakes Basin project will expand the existing basin and add 124 acrefeet of additional storage volume. The project will divert peak flow waters to diminish flooding downstream in Visalia during 25-to-100-year flood events. This project is estimated to provide significant flood damage reduction. In addition to the flood protection benefits, the expanded basin will be able to deliver water to basins in the proposed East Side Regional Park. Park basins will be used for groundwater recharge. The Oakes Basin Expansion will be completed in 2023.

Fiscal Impact:

The Oakes Basin is part of the currently budgeted three-basin project, CP8334 Lower Kaweah River and Mill Creek Flood Control Improvements Project. CP8334 is funded by a DWR grant in the amount of $4,615,174 and includes budget from the City’s Storm Sewer Deficiency Fund (222). With the receipt of the new grant funds from the Urban Flood Protection Grant Program for the Oakes Basin, the Oakes Basin project will be split from CP8334 and tracked separately under a new Capital Improvement Project (CIP) number to be able to track costs eligible for reimbursement from the Urban Flood Protection Grant.

The remaining DWR grant funds in CP8334 will be utilized to fund construction of the Peoples Basin and expansion of the Goshen Basin. In addition, the amount of funds budgeted in CP8334 from the Storm Sewer Deficiency (222) Fund will be reduced by $1.4M. The $1.4M in savings realized from receiving a new grant will be released back to the Storm Sewer Deficiency (222) Fund and will go towards funding new projects proposed for the next 6-Year Capital Improvement Program budget cycle. A budget summary table is provided below to reflect the adjusted budget for CP8334.

For the Oakes Basin project staff recommends the appropriation of grant funds received in the amount of $2,867,667 and the transfer of $90,000 within the Storm Sewer Deficiency (222) Fund from CP8334 to the new CIP for Oakes Basin. Overhead/indirect costs are not an eligible cost for reimbursement from the Urban Flood Protection Grant. Therefore, funds from the Storm Sewer Deficiency (222) Fund will be utilized to cover the indirect costs associated with staff time and installation of a pump that was not part of the grant project proposal. The pump will be placed on a well owned by Kaweah Delta Water Conservation District (KDWCD). It will be operated under an agreement with KDWCD to irrigate the proposed Native Valley Oak Habitat at the city owned basin addition.

Below is a budget summary for CP8334 and the Oakes Basin Project.

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File #: 22-0061 Agenda Date: 2/22/2022 Agenda #: 11.

Budget Summary for CP8334 Lower Kaweah Flood Control Improvements Project DWR Grant Fund 222 Total
Original Budget Amount $ 4,615,174 $ 4,583,542 $ 9,198,716 Less: Amount to be released back to Fund 222 $ (1,400,000) $ (1,400,000) Less: Transfer to new Oakes Basin CIP $ (90,000) $ (90,000) Adjusted Budget Total $ 4,615,174 $ 3,093,542 $ 7,708,716 Budget Sumary for the Oakes Basin Project
Appropriation: Urban Flood Protection Grant Funds $ 2,867,667 Add: Transfer of 222 funds from CP8334 $ 90,000
Budget Total $ 2,957,667
Prior Council Action:

June 21, 2021
Adopted Resolution No. 2021-33 approving the application for grant funds from the Urban Flood Protection Grant Program.

Alternatives:

None
Recommended Motion (and Alternative Motions if expected):

I move to authorize the appropriation of Urban Flood Protection grant funds awarded of $2,867,667 and $90,000 from the Storm Sewer Deficiency Fund (222) for the Oakes Basin Project.

Environmental Assessment Status:

N/A
CEQA Review:

Initial Study and Notice of Determination (NOD) for a Mitigated Negative Declaration (MND) No. 2018 -76.

Attachments:

1. Oakes Basin Area Map

2. Oakes Basin West Site Map
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Existing

OAKES BASIN
Owned By
Kaweah Delta Water
Conservation District
Oakes Basin
Expansion Site
This Dual Purpose Pipe Will:

1. Empty Storm Water From
Oakes Basin To Mill Creek And

2. Deliver Recharge Water To
The East Side Regional Park
E Noble Ave OAKES BASIN WEST
SITE MAP 500 0 500 250 Feet
773
Existing

OAKES BASIN
Owned By
Kaweah Delta Water
Conservation District
Oakes Basin
Expansion Site
This Dual Purpose Pipe Will:

1. Empty Storm Water From
Oakes Basin To Mill Creek And

2. Deliver Recharge Water To
The East Side Regional Park
E Noble Ave OAKES BASIN WEST
SITE MAP 500 0 500 250 Feet
774
City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0067 Agenda Date: 2/22/2022 Agenda #: 12.

Agenda Item Wording:

Request authorization to record the final map for Vista Del Sol subdivision located on the southeast corner of East K Avenue and South Pinkham Street (95 lots); and also request authorization for the formation of Landscape and Lighting Assessment District No. 22-01 “Vista Del Sol” and ordering and levying the annual assessments (Resolution Nos. 2022-08 and 2022-09 required.) APN: 126-920-007 and 126-920-008.

Deadline for Action: 2/22/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Lupe Garcia, Civil Engineer, [email protected] <mailto:[email protected]>, (559)713- 4197
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:

Staff recommends that the City Council authorize the recordation of the final map for Vista Del Sol subdivision located at the southeast corner of East K Avenue and South Pinkham Street (95 lots); staff also recommends that City Council adopt Resolution No. 2022-08 initiating proceedings for the formation of Assessment District No. 22-01 “Vista Del Sol”; and adopt Resolution No. 2022-09 ordering the improvements and levying the annual assessments for Assessment District No. 22-01, “Vista Del Sol”.

Background Discussion:

The final map for Vista Del Sol, will subdivide a 22.33-acre site into a 95-lot single family subdivision with six Out Lots (Lots A, and C through F) for street frontage landscaping, a pocket park, and a pedestrian connection for Monte Verde Court. Lot B is identified for dedication to the Tulare Irrigation Company. The subdivision is bound by East K Avenue to the north, and South Pinkham Street to west. Besides public streets, the subdivision will also extend sewer lines, storm drainage, and other public infrastructure, utilities, and services (i.e., electricity, gas, and water) to serve the residential subdivision. The final map for Vista Del Sol is ready for recording.

All bonds, cash payments, subdivision agreement, and final map will be submitted by the developer, Presidio JJR Vista Del Sol 95, LLC, a Delaware limited Liability Company and will be in the possession of the City as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $3,017,460.23 and Labor and Materials Bond in the amount of $1,508,730.12; 3) cash payment of $491,156.81 distributed to various accounts to cover City fees; and 4) final map.

All required items shall be submitted and approved by the City prior to the final map being executed and recorded.

The Landscape and Lighting Assessment District No. 22-01 has also been reviewed and approved to form by the Landscape and Lighting District Committee. All new landscaping installed within the Out City of Visalia Page 1 of 4 Printed on 2/22/2022
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File #: 22-0067 Agenda Date: 2/22/2022 Agenda #: 12.
form by the Landscape and Lighting District Committee. All new landscaping installed within the Out Lots, pocket park, and parkways for this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO required that landscaping and irrigation plans be certified by a qualified entity (i.e., a 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 plan and tree species, and by limiting the portion of landscape that can be covered in turf.

Background Discussion:

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File #: 22-0067 Agenda Date: 2/22/2022 Agenda #: 12.

Fiscal Impact:

The 95 lots will contribute to Landscape and Lighting Assessment District No. 22-01 created for the maintenance of common features related to this subdivision. These common features include, but are not limited to, pavement on local streets, block walls, streetlights, and landscaping & irrigation within and along the Out Lots.

The annual assessment for each lot will be $651.08.

Please note, the assessment district is subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($61,852.66) (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.

Prior Council Action:
· On June 10, 1987, the City 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.
· On June 21, 2021, the City Council approved Resolution No. 2021-32 to certify Negative Declaration No. 2021-11; and to introduce for the first reading of Ordinance No. 2021-04, approving Change of Zone No. 2021-02.
· On July 19, 2021 the City Council approved the second reading and adoption of Ordinance No. 2021-04 approving Change of Zone No. 2021-02.

Other:
· On May 24, 2021, the Vista Del Sol Tentative Subdivision Map No. 5578 and associated Change of Zone (COZ) No. 2021-02 were approved by the Planning Commission.

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

I move to authorize the recordation of the final map for Vista Del Sol subdivision; the adoption of Resolution No. 2022-08 initiating proceedings for the formation Assessment District No. 22-01 “Vista Del Sol” and adopt Resolution No. 2022-09 ordering the improvements and levying the annual assessments for Assessment District No. 22-01, “Vista Del Sol”.

Environmental Assessment Status: Negative Declaration No. 2021-11 City of Visalia Page 3 of 4 Printed on 2/22/2022
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File #: 22-0067 Agenda Date: 2/22/2022 Agenda #: 12.

CEQA Review: Negative Declaration No. 2021-11, adopted May 24, 2021 Attachments:

1. Resolution for Landscape and Lighting District documents including:
a. Initiating Proceedings for Formation, Clerk’s Certification, and Resolution Ordering the Improvements
b. Exhibit A - Assessment Diagram
c. Exhibit B - Landscape Location Diagram
d. Exhibit C - Tax Roll Assessment
e. Exhibit D - Engineer’s Report

2. Location Map

3. Aerial Map

4. Final Map

5. Development Disclosures

6. Applications for the Formation of Landscape and Lighting District City of Visalia Page 4 of 4 Printed on 2/22/2022
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City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0068 Agenda Date: 2/22/2022 Agenda #: 13.

Agenda Item Wording:

Second Reading and adoption of Ordinance 2022-03 which authorizes the sale of approximately 1.48 acres to the State of California as part of the Caldwell Avenue/State Route 99 interchange project for no less than the appraised amount of $30,000.

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

Jim Koontz, Assistant City Attorney, [email protected], 372-2400 Chantha Chap, Civil Engineer, [email protected], 713-4418 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Approve second reading and adoption of ordinance authorizing sale of the subject property for no less than the appraised amount of $30,000. (Four fifth vote required) Background Discussion:

The State of California (“Caltrans”) is proposing to reconstruct and expand the Caldwell/Avenue 280 interchange with State Route 99. Caltrans needs to acquire property around the interchange, including property owned by the City of Visalia. This is a state highway project and Caltrans would be authorized to utilize the power of eminent domain to acquire the necessary property for this project.

The City’s Wastewater Division owns the property located at the northwest corner of SR 99 and Caldwell Avenue. The property is approximately 442.06 acres and is currently being leased for agricultural use. Caltrans has identified 1.48 acres of property that it needs to permanently acquire for the interchange project and an additional 3,854 square feet of property that Caltrans would need on a temporary basis during construction of the project. No significant impacts are expected to result from the taking on the remainder property. Legal descriptions and aerial photographs showing the subject area are included with this report for reference.

City engineering staff reviewed the proposed take area and does not dispute that it would be needed for the Project based on the design prepared by Caltrans. The Project, once completed, will provide a benefit to traffic flow and access between Caldwell Avenue and State Route 99, which will benefit City residents and other users of that state highway interchange.

The attached ordinance authorizes the City Manager to negotiate with Caltrans and sign a purchase agreement for compensation to the City for the subject property based on its fair market value. City City of Visalia Page 1 of 2 Printed on 2/22/2022
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File #: 22-0068 Agenda Date: 2/22/2022 Agenda #: 13.
agreement for compensation to the City for the subject property based on its fair market value. City Manager is also authorized to revise the existing lease of the subject property with the tenant to reflect the taking by Caltrans.

It is noted that surplus land requirements are not applicable in instances where another government agency is acquiring land for a governmental purpose, which includes the proposed acquisition and usage by Caltrans.

It is also noted that a majority four-fifth vote is required for the sale of any City property.

Fiscal Impact:

No significant impacts, sale of City property will require compensation to the City’s Wastewater Fund for the fair market value of the area being acquired for the interchange project.

Prior Council Action:

February 7, 2022 - City Council Closed Session; Conference with Real Property Negotiators (G.C. 54956.8). Price, terms, and conditions of potential purchase February 7, 2022 - First Reading of Ordinance 2022-03 Authorizing the sale of approximately 1.48 Acres to the State of California as part of the Caldwell Avenue/State Route Interchange Project.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading and adoption of Ordinance No. 2022-03, authorizing the sale of the designated property to the State of California for the Caldwell and Highway 99 Project for no less than the appraised amount of $30,000. (Four fifths vote required) CEQA Review:

The acquisition of the property is part of the environmental review being prepared by the State of California for its highway project.

Attachments:

1. Ordinance No. 2022-03

2. Legal Description

3. Map showing take areas
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ORDINANCE NO. 2022-03

AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY
LOCATED AT NORTHWEST CORNER OF STATE ROUTE 99 AND CALDWELL AVE WHEREAS, the City of Visalia owns all the legal and beneficial interest in certain real property, approximately 1.48 acres in size located at northwest corner of State Route 99 and Caldwell/Avenue 280), APN 119-010-021, the property is currently being leased and used for agricultural use; and
WHEREAS, t king
on a project to improve the interchange between Caldwell/Avenue 280 and State Route Caltrans has full statutory authority to
construct, including the right to acquire necessary property by eminent domain, and WHEREAS, the Project, once completed, will provide a benefit to traffic flow and access between Caldwell Avenue and State Route 99; and
WHEREAS, Caltrans has informed the City that it needs to acquire a portion of APN 119-010-021 for the Project, approximately 1.48 acres of property that it needs to permanently acquire and an additional 3,854 square feet of property that Caltrans would need on a temporary basis during construction of the Project; and WHEREAS, City engineering staff reviewed the proposed take area and does not dispute that it would be needed for the Project based on the design prepared by Caltrans; and
WHEREAS, state laws concerning notice requirements for surplus land sales are not applicable to purchases made under threat of condemnation by another public agency; and

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA:

Section 1: The Council hereby authorizes the City Manager to sell and transfer ownership of the area required by Caltrans for fair market value by a purchase and sale agreement containing reasonable terms in a form approved by the City Attorney.

Section 2: The City Manager is also authorized to revise the current lease of the subject property with the tenant to accommodate this sale being made under threat of condemnation.

Section 3: This ordinance shall go into effect thirty (30) days after its passage. 808
PASSED AND ADOPTED: ______________________________________________ Mayor ATTEST: ______________________________________________ City Clerk APPROVED AS TO FORM ______________________________________________ City Attorney 809
810
811
City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0071 Agenda Date: 2/22/2022 Agenda #: 1.

Agenda Item Wording:

TIMED ITEM 7:30 PM - Public Hearing No. 6 and City Council District Decennial Redistricting Presentation, Map Review and Consideration of Resolution 2022-11 adopting a map to determine Visalia City Council Districts for the next 10 years.

Deadline for Action: 2/22/2022
Submitting Department: Administration
Contact Name and Phone Number: Allison M. Mackey, Communications Manager, 713-4535 Department Recommendation:

Receive presentation from Ken Chawkins, Consultant, National Demographics Corporation, on an overview of redistricting guidelines and review of draft maps, discuss the election sequence, hold Public Hearing No. 6 to receive public input on the process and criteria for revising voter district boundaries for the City of Visalia Council as required by law following each Census and consider adopting final map and Resolution.

Background Discussion:

The City of Visalia’s City Council District Decennial Redistricting continues, as the City must adopt boundaries for five Council districts that are generally equal in population based on new census data from the 2020 Census, and that comply with State and Federal election laws.

Detailed demographic data is needed to develop legally appropriate district boundaries. The City does not have these skills in house, therefore, an experienced demographer, National Demographics Corporation (NDC), a professional consulting firm, has been retained and is performing the needed technical tasks to establish these new districts and provide information to the public to assist in the public submittal of proposed district boundaries.

Redistricting Process
The City’s Council District Decennial Redistricting process timeline has included:
· Public Hearing No. 1 on August 23, 2021, at 7 p.m. - Measure N Oversight Committee meeting, included education on process and was held to elicit input on the communities of interest and the redistricting process.
· Update to City Council on Redistricting Process on September 7, 2021, at 7 p.m. · Public Hearing No. 2 on September 20, 2021, at 7 p.m. - Held during a City Council meeting, included update on the process and was held to elicit input on the communities of interest and the redistricting process.
· Census Data Release on September 12, 2021, - U.S. Census Bureau released official 2020 population data.
· Census Data Release on September 20, 2021, - California releases official “prisoner adjusted” 2020 data.
· Mapping Workshop #1 on October 13, 2021, at 6 p.m. - Held at the Whitendale Community Center, included presentation on redistricting process, discussed communities of interest and mapping tools.

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· Release by NDC of City of Visalia Public Participation Kits on October 20, 2021, - These included paper maps with population count, population IDs and excel spreadsheets and were made available to community members for immediate download from the City website. · Mapping Workshop #2 on October 23, 2021, at 10 a.m. - Held at the Anthony Community Center, included presentation on redistricting process, discussed communities of interest and mapping tools. · Update to City Council on Redistricting Process on November 15, 2021, during the 7 p.m. Regular Session - Included update on the process and Council’s authorization to extend the redistricting process timeline.
· Public Hearing No. 3 on December 6, 2021, at 7:30 p.m. - Held during a City Council meeting, included update on the process and was held to elicit input on the communities of interest and the redistricting process.
· Drop-In Map Time on December 20, 2021, at 6 p.m. - Held in the City Hall West Lobby, City staff was on hand to demonstrate mapping tools and answer questions. · Mapping Workshop #3 on January 3, 2022, at 6:30 p.m. - Held at the Visalia Emergency Communications Center, City staff provided information about the mapping tools and gave a demonstration of the digital tool Dave’s Redistricting. · Drop-In Map Time on January 10, 2022, at 6 p.m. - Held in the City Hall West conference room, City staff was on hand to demonstrate mapping tools and answer questions. · Public Hearing No. 4 on January 10, 2022, at 7:30 p.m. - Held during a special meeting of the City Council in the City Hall West City Council Chambers, this Hearing included a presentation from Ken Chawkins, Consultant, National Demographics Corporation, on an overview of redistricting guidelines and a first review of draft maps.
· Mapping Workshop #4 on Saturday, January 15, 2022, at 10 a.m. - Held in the City Hall West Council Chambers, City staff provided information about the mapping tools and gave a demonstration of the digital tool Dave’s Redistricting.
· Drop-In Map Time on January 18, 2022, at 6 p.m. - Held in the City Hall West conference room, City staff was on hand to demonstrate mapping tools and answer questions. · Final Deadline to Submit Maps on Thursday, January 20, 2022, at 5 p.m. - No in-person meeting, final deadline was shared across City channels to notify public this was the final date to submit maps for the process.
· Public Hearing No. 5 on February 7, 2022, at 7:30 p.m. - Held in the City Hall West City Council Chambers, this Hearing included a presentation from Ken Chawkins, Consultant, National Demographics Corporation, on an overview of redistricting guidelines and a second review of draft maps.

Public Hearing No. 6 is tonight, and the City Council will look at the beneficial attributes of the maps designated by the City Council at Public Hearing No. 5 to be brought back for additional consideration. The City Council may choose to focus on one or multiple maps, or they may give direction to NDC to revise any of the maps presented thus far for further review. The City Council may choose to adopt, if they so choose any of the seven maps listed above as the final map, or they may continue the process at a yet unscheduled future public hearing.

The redistricting process for the City of Visalia must be completed by April 17, 2022.

Current Map/Stats
Per the 2020 Census, NDC has noted that Visalia’s total population is 141,998. This currently breaks down to District 1: 32,159, District 2: 27,743, District 3: 27,099, District 4: 26,644 and District 5: 28,353. This amounts to a population deviation of 5,515 which equates to a percentage deviation of 19.42%. This percentage of deviation legally requires Visalia to adjust the districts. NDC notes that the Target District Population is 28,400.

Redistricting Rules and Goals
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File #: 22-0071 Agenda Date: 2/22/2022 Agenda #: 1.

The current district boundaries are based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020.

Under the Act, the council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):

1. Comply with the federal requirements of equal population and the Voting Rights Act

2. Geographically contiguous

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)

4. Easily identifiable boundaries

5. Compact (do not bypass one group of people to get to a more distant group of people)

6. Shall not favor or discriminate against a political party Defining Communities of Interest
Through the Public Hearings, Mapping Workshops, and general feedback, staff has continued to accept responses from the public on what defines their community. Communities of interest can include, but is not limited to, geographic area, shared issues, or characteristics like shared social or economic interest and impact by city policies.

The City is seeking an answer to the question, would this community benefit from being included within a single district for purposes of its effective and fair representation or would it benefit from having multiple representatives? Of note, definitions of communities of interest may not include relationships with political parties, incumbents, or political candidates.

Public feedback received from Mapping Workshop #2 on Communities of Interest (COI) asked that the following principles be considered:
· More competition in Districts
· Reduce influence of wealth on representation
· Youth and diversity as guides
· Consider High Propensity Voting
· Consider “Centers of Influence”
· Respect history of “redlining”
· Don’t take incumbency into account
Specifically, the following Communities of Interest were identified:
· Saint John/Oval - Northern part of City
· North of Santa Fe St.
· “Above/Below” SR-198 as possible COI
· Lakes area in one district
Maps for Further Review
As part of this Public Hearing, seven maps will be presented and reviewed. These maps are not new maps, but rather maps that were identified at Public Hearing No. 5 by the City Council as maps that they wanted brought back for further discussion and review.

The City Council narrowed their selection of maps to a grouping of Focus Maps and directed staff and NDC to City of Visalia Page 3 of 5 Printed on 2/22/2022
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return with this group of Focus Maps to Public Hearing No. 6.

These Focus Maps include:
· Map 106
· Map 111
· Map 112
· Map 115
· Map 117
· Map 118
· Map 106b
- Map 106b is a combination of Maps 105 and 106, a map requested by the City Council at Public Hearing No. 5 and created by NDC
Tonight, the City Council has the ability to select a final map if they so choose and adopt by Resolution.

Fiscal Impact:

N/A
Prior Council Action: February 7, 2022 - Held Public Hearing No. 5 on City Council Decennial Process, received presentation from Ken Chawkins, Consultant, National Demographics Corporation, on an overview of redistricting guidelines and review of draft maps, discussed the election sequence, and directed staff and NDC to return with a revised map that is a combination of Map 105 and 106. January 10, 2022 - Held Public Hearing No. 4 on City Council Decennial Redistricting process and received presentation from presentation from Ken Chawkins, Consultant, National Demographics Corporation with an overview of redistricting guidelines and review of draft maps. December 6, 2021 - Held Public Hearing No. 3 on City Council Decennial Redistricting process and received presentation from NDC. November 15, 2021 - Council authorized staff to 1) Draft revised timeline for the City Council District Decennial Redistricting process; and 2) Appropriate an additional $10,500 from the General Fund (001) to cover the anticipated costs of extending the redistricting process. September 20, 2021 - Held Public Hearing on City Council District Decennial Redistricting presentation. September 7, 2021 - Council confirmed direction regarding participation in the redistricting process by the City’s Commissions and Committees. July 19, 2021 - Council Authorized staff to enter into a contract with Doug Johnson of National Demographic Corporation to provide the demographic and mapping services noted in option two, services that are needed to arrive at a proposed adjusted map of the five Council Member districts for public review and comment and Council consideration and approval; and 2) Authorized staff to extend the contract with Nielsen Merksamer, the City’s State lobbying firm; and 3) Directed Staff to return with a presentation from NDC regarding the overall process and criteria requirements. 4) Appropriated an additional $65,000 to cover the anticipated costs of redistricting 5) Utilized the Measure N Committee to assist with outreach and oversight of the redistricting process.

Other: N/A
Alternatives: 1. Direct staff to being the item back for discussion at a future meeting prior to April 17, 2022. 2. Direct additional maps to be drawn and posted for consideration at a future meeting.

Recommended Motion (and Alternative Motions if expected):

I move to approve Resolution 2022-11 including the appropriate references adopting proposed map XXX which will designate the City Council Districts for the next 10 years.

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File #: 22-0071 Agenda Date: 2/22/2022 Agenda #: 1.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. City of Visalia Redistricting Public Hearing February 22, 2022 PowerPoint by NDC

2. New Maps 106b 3. New Maps 106b Demographic Data 4. Resolution 2022-11 City of Visalia Page 5 of 5 Printed on 2/22/2022
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City of Visalia
Redistricting Public Hearing
Ken Chawkins, Consultant
National Demographics Corporation
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Redistricting Process
February 22, 2022 2
Step Description
Public Hearing #1
August 23, 2021
Staff/Measure N Oversight Committee
Held prior to release of draft maps
Educate and solicit input on the communities in the Districts Update on Process
September 7, 2021
City Council
Council confirmed direction regarding participation by City Commissions and Committees Public Hearing #2
September 20, 2021
City Council
Held prior to release of draft maps
Educate and solicit input on the communities in the Districts Census Data Releases Census Bureau releases official 2020 Census population data Sept. 12 - Sept. 20, 27
Mapping Workshop #1 and #2 Discuss communities of interest, neighborhoods; review mapping tools October 13, 6 p.m. (Whitendale Community Center)
October 23, 10 a.m. (Anthony Community Center)
Update on Process
November 15, 2021
City Council
Held prior to release of draft maps
Council authorized extended timeline of Redistricting Process Public Hearing #3
December 6, 2021
7:30 p.m.

City Council
Held prior to release of draft maps
Educate and solicit input on the communities in the Districts Drop-In Map Time
December 20, 2021
6:00 7:00 PM
Review mapping tools
Learn about mapping tools. Receive one-on-one demonstration of Daves Redistriciting Mapping Workshop #3
January 3, 2022
6:30 PM
Review mapping tools
Learn about mapping tools. Receive demonstration of Daves Redistriciting by City Staff 818
Redistricting Process Continued
February 22, 2022 3
Step Description
Drop-In Map Time
January 10, 2022
6:00 7:00 PM
Review mapping tools
Learn about mapping tools. Receive one-on-one demonstration of Daves Redistriciting Public Hearing #4
January 10, 2022
7:30 p.m.

Review public and NDC draft maps
Discuss strengths/weaknesses of maps
Provide feedback/direction for NDC
Mapping Workshop #4
January 15, 2022
10 AM
Review mapping tools
Learn about mapping tools. Receive demonstration of Daves Redistriciting by City Staff Drop-In Map Time
January 18, 2022
6:00 7:00 PM
Review mapping tools
Learn about mapping tools. Receive one-on-one demonstration of Daves Redistriciting Deadline to submit maps
January 20, 2022
5 PM
Submit public maps to City of Visalia
Send to NDC for demographic evaluation and processing
Public Hearing #5
February 7, 2022
7:30 PM
Discuss and revise the draft maps
Discuss the election sequence
Public Hearing #6
February 22, 2022
7:30 PM
Discuss and revise the draft maps
Discuss the election sequence
Option to discuss a final map or continue discussion at a future meeting Discuss and determine election sequence
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Current Map
February 22, 2022 4
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Current Map / Stats
February 22, 2022 5
Target District Population: 28,400
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Equal
Population
Federal Voting
Rights Act
No Racial
Gerrymandering

1. Federal Laws 2. California Criteria/Cities

1. Geographically contiguous

2. Undivided neighborhoods
(Socio-economic geographic areas
that should be kept together)

3. Easily identifiable
boundaries

4. Compact
(Do not bypass one group of people
to get to a more distant group of
people)
Redistricting Rules and Goals
February 22, 2022 6
Prohibited:
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Communities of Interest (COI)
From Community Workshop
Principles to Consider
More competition in Districts
Reduce influence of wealth on representation
Youth and Diversity as guides
Consider High Propensity Voting
Communities of Interest to Consider
Saint John/Oval Northern part of City
North Santa Fe
Lakes area in one district
February 22, 2022 7
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Simple Map Review Tool
Online Interactive Review Map
similar to Google Maps in ease of use
Used to review, analyze and compare maps, not to create them February 22, 2022 8
824
Focus Maps per 02/07 Mtg: 106
9 February 22, 2022
825
Focus Maps per 02/07 Mtg: 106b
10 February 22, 2022
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Focus Maps per 02/07 Mtg: 111
11 February 22, 2022
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Focus Maps per 02/07 Mtg: 112
February 22, 2022 12
828
Focus Maps per 02/07 Mtg: 115
February 22, 2022 13
829
Focus Maps per 02/07 Mtg: 117
February 22, 2022 14
830
Focus Maps per 02/07 Mtg: 118
February 22, 2022 15
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Public Hearing & Discussion
16 Selection of map / Resolution
Confirm election sequencing
Direction for NDC
February 22, 2022
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Share Your Thoughts
February 22, 2022
Website: www.visalia.city/drawvisalia
Phone: 559.713.4535 | Email: [email protected] 17 833
4 1
2 5
3 J19
198
216
198 198
63 63
99 63 W Whitendale Ave W Visalia Pkwy W Caldwell Ave
Ferguson Ave Ave 312 W Goshen Ave
Ave 272
W Hurley Ave W Walnut Ave W Tulare Ave
2021 CALIPER
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RESOLUTION 2022-11

ADOPTING NEW CITY COUNCIL DISTRICT BOUNDARIES PURSUANT TO SECTIONS 21621- 21629 OF THE CALIFORNIA ELECTIONS CODE
WHEREAS, following each federal decennial census the City of Visalia must adopt boundaries for all the council districts in the City with any necessary revisions so that the council districts shall be substantially equal in population as required by the United States Constitution; and WHEREAS, California Elections Code sections 21621 through 21629 sets forth the criteria, requirements, procedures and deadlines for the adoption of charter city council district boundaries following the release of census data, and establishes a deadline for adoption of boundaries of on or before April 17, 2022; and
WHEREAS, the City of Visalia last adopted boundaries for council districts by Resolution 2015-19 on May 18, 2015;
WHEREAS, Elections Code Section 21621 provides that district boundaries for charter cities, adopted following a federal decennial census, may be adopted by ordinance or resolution; and NOW, THEREFORE BE IT RESOLVED, that the Visalia City Council finds and declares as follows:
1) The City council held public hearings before and after drawing draft maps as required by Elections Code section 21627.1, as follows:
a. August 23, 2021, 7 p.m. Public Hearing No. 1, Visalia Convention Center, Visalia, CA before drawing maps;
b. September 20, 2021, 7 p.m. Public Hearing No. 2, City Hall West, City Council Chambers, Visalia, CA before drawing maps;
c. December 6, 2021, 7:30 p.m. Public Hearing No. 3, City Hall West, City Council Chambers, Visalia, CA before drawing maps;
d. January 10, 2022, 7:30 p.m. Public Hearing No. 4, City Hall West, City Council Chambers, Visalia, CA after drawing maps, with review and discussion of draft maps;
e. February 7, 2022, 7:30 p.m. Public Hearing No. 5, City Hall West, City Council Chambers, Visalia, CA after drawing maps, with review and discussion of draft maps;
f. February 22, 2022, 7:30 p.m. Public Hearing No. 6, City Hall West, City Council Chambers, Visalia, CA after drawing maps, with review and discussion of focus maps and for selection of map for approval that best satisfies the criteria set forth in Elections Code section 21621, subdivisions (b) through (d).
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2) As directed by the City Council, staff additionally conducted public presentations at City Council meetings and workshops to educate the public on a. September 7, 2021, 7 p.m., Update to the City Council, City Hall West, City Council Chambers, Visalia, CA
b. October 13, 2021, 6 p.m., Mapping Workshop #1; Whitendale Community Center, Visalia, CA
c. October 23, 2021, 10 a.m., Mapping Workshop #2; Anthony Community Center, Visalia, CA
d. November 15, 2021, 7 p.m. Update to City Council, City Hall West, City Council Chambers, Visalia, CA
e. December 20, 2021, 6 p.m. Drop-In Map Time, City Hall West, Visalia, CA
f. January 3, 2022, 6:30 p.m. Mapping Workshop #3, Visalia Emergency Communications Center, Visalia, CA
g. January 10, 2022, 6 p.m. Drop-In Map Time, City Hall West, Visalia, CA h. January 15, 2022, 10 a.m. Mapping Workshop #4, City Hall West, City Council Chambers, Visalia, CA
i. January 18, 2022, 6 p.m. Drop-In Map Time, City Hall West, Visalia, CA 3) The City took steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process by:
a. Publishing the date, time, and location of all public hearings in public notices;
b. Publishing the date, time, and location of all workshops, and Redistricting activities on the City website;
c. Engaging in a social media campaign;
d. Utilizing City information channels, both print and digital, to provide the public with information on Redistricting;
e. Providing press releases, news items and information to media organizations;
f. Engaging with community groups and organizations;
g. Arranging for live, simultaneous translation of all public meetings, workshops, and Redistricting activities;
h. Disseminating all written public outreach materials in Spanish and English; i. Allowing the public to submit testimony and draft maps in writing and electronically.
4) Of the alternatives prepared by independent consultants, and the public, the Council Districts set forth in detail by census blocks in Attachment A, to the extent practicable best meet the applicable legal redistricting criteria in order of priority:
a. Population equality within allowed percentage deviation; b. Geographic contiguity;
c. Respect for the integrity of local neighborhoods or communities of interest; 837
d. Respect for geographic integrity of census designated places in a manner that minimizes its division;
e. Establishes boundaries that are easily identifiable and understandable by residents, following natural and artificial barriers, by streets or the boundaries of the city;
f. Geographic compactness;
g. Racial and ethnic balance; and
h. Does not favor or discriminate against a political party. 5) The Council finds the City is in substantial compliance with the procedural requirements of the Charter and Elections Code sections 21621-21629 and that proposed new Council District boundaries in the Proposed Map are in accord with the criteria and guidelines set forth in Elections Code sections 21621- 21629; and
6) The Council, in accordance with Elections Code sections 21621-21629, hereby adopts as the Official Council District Map the redetermined Council District boundaries set forth in Proposed Map. The Proposed Map shall be published on www.visalia.city/drawvisalia. 7) Notwithstanding any other provision of this ordinance, each of the councilmembers in office at the time this ordinance takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified, and a vacancy in a term currently underway shall be filled based on the districts in effect the time the current councilmembers were elected. For all Visalia City Charter and Municipal Code purposes, the districts shall be effective and fully implemented as of the effective date of this resolution.
8) The City Manager is directed to take all necessary steps to give effect to this ordinance. If necessary to facilitate the implementation of this ordinance, the City Manager or his or her designee is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

BE IT FURTHER RESOLVED, the City Council for the City of Visalia hereby adopts the City Council district boundaries for each district as more fully set forth in Attachment A, and as depicted on the map in Attachment A.
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PASSED AND ADOPTED: LESLIE CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, LESLIE CAVIGLIA, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-XX passed and adopted by the Council of the City of Visalia at a regular meeting held on
Dated:

LESLIE CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk
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ATTACHMENT A
Map ____
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City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0065 Agenda Date: 2/22/2022 Agenda #: 2.

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.2/22/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Cristobal Carrillo, Associate Planner, [email protected] <mailto:[email protected]>,(559)713-4443
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 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 City of Visalia Page 1 of 6 Printed on 2/22/2022
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File #: 22-0065 Agenda Date: 2/22/2022 Agenda #: 2.

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 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 City of Visalia Page 2 of 6 Printed on 2/22/2022
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File #: 22-0065 Agenda Date: 2/22/2022 Agenda #: 2.

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 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 City of Visalia Page 3 of 6 Printed on 2/22/2022 powered by Legistar™843
File #: 22-0065 Agenda Date: 2/22/2022 Agenda #: 2.

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 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 2/22/2022
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File #: 22-0065 Agenda Date: 2/22/2022 Agenda #: 2.
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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File #: 22-0065 Agenda Date: 2/22/2022 Agenda #: 2.

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 Letters
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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 ES ANDLE SALES USE, AND ADDING DEVELOPMENT - OBILE 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- -
- 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 establish -
- 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

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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 municipal
corporation and charter law city of the State of California, hereinafter called, .

WITNESSETH
WHEREAS, on August 26, 2003, American Properties Holdings, LLC and the City entered into Conditional Zoning Agreement No. 2003-01 2003-01 certain conditions to the rezoning of certain property situated in the City of Visalia, hereinafter referred 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. 2003-01 shall replace and
supersede those portions of CZA No. 2003-01 dealing with prohibition of standalone used

EXHIBIT A
849
ORDINANCE NO. 2022-01
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

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.
850
ORDINANCE NO. 2022-01
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

BP PEARLA PROPERTIES LP

BY: _____________________________
_____________________________

CITY OF VISALIA, A political subdivision
of the State of California
ATTEST: ___________________________ BY: ____________________________ Chief Deputy City Clerk City Manager
851
ORDINANCE NO. 2022-01

EXHIBIT I

AMENDED AND RESTATED CONDITIONAL ZONING AGREEMENT
NO. 2003-01
(a) 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)
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 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. 852
ORDINANCE NO. 2022-01

EXHIBIT II
CONDITIONAL ZONING AGREEMENT NO. 2003-01
Design Guidelines
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ECONOMIC AND FISCAL BENEFITS ANALYSIS
CarMax, Visalia, CA
August 6, 2020
Prepared for:

CENTERPOINT INTEGRATED SOLUTIONS
Prepared by:

THE NATELSON DALE GROUP, INC.

P.O. Box 489
Yorba Linda, CA 92885
Telephone: (714) 692-9596
Fax: (714) 692-9597
Web: www.natelsondale.com
973

SUMMARY OF KEY STUDY FINDINGS
During its construction and operational phases, the proposed CarMax project would generate substantial economic and benefits to the City of Visalia and to the larger Tulare County economy. These benefits are summarized below by major category.

Construction-phase Impacts
51 one-year construction (and related) jobs, with an average annual salary of $40,000 $6.6 million in construction-related spending (i.e., local purchases of construction-related goods and services) in Visalia
An additional $2.2 million in construction related spending in other parts of Tulare County, resulting in a total countywide construction-phase impact of $8.8 million Fiscal Benefits to City and Other Agencies (annually recurring) City of Visalia: approximately $683,500 per year in General Fund revenue for the City of Visalia Other agencies: an additional $60,400 in property tax revenue per year – over and above the amount going to the City’s General Fund – to various school districts and County agencies New Business Activity in Local Economy (annual recurring) Visalia: $15.4 million in new annual business activity (i.e., local purchases of goods and services stemming from CarMax and its employees) captured within the City of Visalia Tulare County: An additional $6.9 million in new annual business activity in other areas of Tulare County, resulting in a total countywide impact of $22.3 million per year New Permanent Jobs
Visalia: 52 full-time equivalent (FTE) jobs
Tulare County: An additional 44 FTE jobs in other areas of Tulare County, resulting in countywide total of 96 new FTE jobs
Average annual salary of $41,875 per year
The Natelson Dale Group, Inc. (TNDG) is an economics and land use consulting established in California in 1974. The firm serves public and private sector clients throughout the United States on a diverse range of economic analyses and development strategies. TNDG is widely recognized for its expertise in evaluating the economic, fiscal and competitive impacts of proposed retail development projects. In this regard, the firm has completed over 90 economic impact studies as part of CEQA processes (including two previous assignments in the City of Visalia). Among others, TNDG has completed economic impact studies for proposed Walmart, Target, and Costco stores. TNDG’s previous work in evaluating proposed automobile dealerships includes assignments in Norco, Santa Monica and San Luis Obispo. 974

1. INTRODUCTION ..................................................................................................................................... 1

2. EXECUTIVE SUMMARY .......................................................................................................................... 2

3. ANALYSIS OF ECONOMIC IMPACTS ....................................................................................................... 5 Abbreviated Summary of Total City and Total County Economic Impacts ........................................... 7 Summary of One-Time Construction Impacts ...................................................................................... 9 Summary of City and County Ongoing Impacts .................................................................................. 12

4. FISCAL REVENUE IMPACTS .................................................................................................................. 15 Property Taxes .................................................................................................................................... 16 Sales Taxes .......................................................................................................................................... 17 Motor Vehicle in-Lieu Fees ................................................................................................................. 18 Franchise Fees..................................................................................................................................... 19 Business License Taxes........................................................................................................................ 19

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Table 1. Summary of Construction Phase Impacts (Sum of Direct, Indirect, Induced), Visalia CarMax ....... 3 Table 2. Summary of Operations Phase Impacts (Sum of Direct, Indirect, Induced), Visalia CarMax .......... 3 Table 3. Summary of Fiscal Revenue Impacts, City of Visalia, Visalia CarMax.............................................. 4 Table 4. Breakdown of Property Tax by District/Agency, Visalia CarMax .................................................... 4 Table 5. Summary of Total Impacts for Visalia CarMax, Construction Phase ............................................... 7 Table 6. Summary of Total Impacts for Visalia CarMax, Operations Phase .................................................. 8 Table 7. Summary of One-Time Construction Impacts for Visalia CarMax ................................................. 10 Table 8. Top 10 Industries Affected by Employment, Construction Impacts, City of Visalia ...................... 11 Table 9. Summary of Ongoing Operational Impacts at Stabilized Sales Volumes, Visalia CarMax ............ 13 Table 10. Top 10 Industries Affected by Employment, Ongoing Operations Impacts at Stabilized Sales Volumes, City of Visalia ............................................................................................................................... 14 Table 11. Summary of Annual Fiscal Revenue Impact to City’s General Fund, Visalia CarMax .................. 15 Table 12. Summary of One-Time Fee and Permit Revenue, Visalia CarMax .............................................. 16 Table 13. Projected Annually-Recurring Property Tax Revenue by Fund, Visalia CarMax ......................... 17 Table 14. Projected Annually-Recurring Sales Tax Revenue, City of Visalia, Visalia CarMax ..................... 18 Table 15. Projected Annually-Recurring Motor Vehicle in-Lieu Revenue, City of Visalia, Visalia CarMax . 19 Table 16. Projected Annually-Recurring Franchise Fee Revenue, City of Visalia, Visalia CarMax .............. 20 Table 17. Projected Annually-Recurring Business License Tax Revenue, City of Visalia, CarMax .............. 20 976
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Economic and Fiscal Benefits Analysis
CarMax Project (Visalia, CA)

1. INTRODUCTION
This study evaluates the proposed CarMax auto dealership’s economic impacts, measured in terms of output (the value of industry production), local jobs and income created, in addition to fiscal revenue impacts. Separate calculations are provided for two categories of economic benefits:
a. Temporary (construction phase) benefits; and
b. Permanent benefits associated with the ongoing operation of the new on-site commercial operations.

Fiscal revenue impacts to the City of Visalia’s General Fund include the following:
a. New Property Taxes
b. New Sales Taxes
c. New Motor Vehicle in-Lieu Fees
d. New Franchise Fees
e. Business License Taxes
The report is organized as follows. First, an Executive Summary provides a summary of the study’s main findings. Following are sections that summarize the project’s economic impacts (Section 4) and fiscal revenue impacts (Section 5), along with technical appendices.

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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)

2. EXECUTIVE SUMMARY
The proposed CarMax project would generate the following major categories of economic benefits:

Short-term benefits (construction phase)
Construction jobs and construction-related spending at local businesses Permanent benefits
Permanent jobs and other local business activity related to the ongoing operation of the project Local General Fund revenue to the City of Visalia, including property taxes, sales taxes, franchise fees, and business license taxes
Additional property tax revenue to Tulare County, School Districts, and other County districts and agencies
These benefits are briefly summarized below and on Tables 1 through 4.

Construction-phase Impacts
Construction jobs. The proposed project would create the equivalent of approximately 51 one-year construction (and related) jobs in the City Visalia.

Construction-related payroll. The 51 construction-related jobs would generate a total payroll of $2.0 million, or an average of approximately $40,000 per job.

Local business spending (“output”). Construction of the proposed project would generate a total of $8.8 million in new business activity (i.e., purchases of local goods and services) in Tulare County. Of this total, $6.6 million of the new business activity would be captured within the City of Visalia.

Permanent Impacts
Permanent jobs. Ongoing operation of the proposed project 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). Of this total, close to 52 jobs would be in the City of Visalia.

Permanent local payroll. The 96 supported jobs would generate a total payroll of $4.0 million per year, or an average of approximately $42,000 per job.

Local business spending (“output”). Ongoing operation of the proposed project would generate a total of $22.3 million per year in new business activity (i.e., purchases of local goods and services) in Tulare County. Of this total, $15.4 million per year of the new business activity would be captured within the City of Visalia.

City of Visalia General Fund revenue. Once fully operational, the proposed project would generate about $683,500 in annually recurring revenue to the City’s General Fund. 978
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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Additional Property Tax revenue (accruing to other agencies in Tulare County). Along with the $7,600 in annual property tax revenue that would accrue to the City’s General Fund, the project would generate an additional $60,400 to various school districts and County agencies/districts.

Table 1. Summary of Construction Phase Impacts (Sum of Direct, Indirect, Induced), Visalia CarMax Table 2. Summary of Operations Phase Impacts (Sum of Direct, Indirect, Induced), Visalia CarMax Impact Category City of Visalia
Other Tulare
County
Total Tulare
County
Business Impact/Output $6,620,000 $2,170,000 $8,790,000 Employees 50.7 13.6 64.3
Employee Compensation $2,030,000 $510,000 $2,540,000
Source: TNDG; IMPLAN
Impact Category City of Visalia
Other Tulare
County
Total Tulare
County
Business Impact/Output $15,410,000 $6,870,000 $22,280,000 Employees 51.8 44.2 96.0
Employee Compensation $2,400,000 $1,620,000 $4,020,000
Source: TNDG; IMPLAN
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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Table 3. Summary of Fiscal Revenue Impacts, City of Visalia, Visalia CarMax Table 4. Breakdown of Property Tax by District/Agency, Visalia CarMax General Fund Category
Annual
Total
Property Taxes $7,600
Sales Taxes $666,900
Property Tax VLF Swap $6,900
Business License Tax $1,800
Franchise Fees $300 ____________
Total General Fund Revenue $683,500
Source: TNDG
Fund / Agency Amount
City General Fund $7,600
County Funds $15,200
Library Fund $1,000
School Districts $25,100
ERAF $16,600
Other Agencies $2,500 ________
Total $68,000
Note: ERAF = Educational Revenue Augmentation Fund
Source: TNDG, Table 13.
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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)

3. ANALYSIS OF ECONOMIC IMPACTS
Consistent with standard practice for these types of impact studies, our analysis considers the direct (i.e., onsite) impacts associated with the proposed CarMax project, as well as “multiplier” impacts within the larger Tulare County economy (these “indirect” and “induced” impacts are calculated both for the City of Visalia and Tulare County). These multiplier impacts have been projected using the IMPLAN model. The IMPLAN model was originally developed by researchers at the University of Minnesota and is widely used throughout the United States for economic impact analysis. The model estimates impacts at the city and county levels (based on data that are specific to Tulare County).

The programmatic data used in the IMPLAN analysis were derived by TNDG from construction cost summary data from the project applicant. Economic benefits were estimated through the following process.

Construction Phase. Based on data from the project pro forma, the estimated construction values were matched to appropriate IMPLAN construction sectors. Construction costs do not include land acquisition costs, as this is simply an asset swap and does not produce any economic activity. Appendix A shows the distribution of construction costs among the IMPLAN construction industry-related sectors.

Operations Phase. Operations-phase impacts are based on the projected number of employees and annual sales at the project’s onsite commercial operations at buildout year stabilized sales volumes. The projected number of employees and estimated annual sales are used as inputs in the IMPLAN model to estimate ongoing impacts associated with the proposed project1. The project will generate the following types of economic benefits in the regional economy:

Direct Benefits. Direct benefits relate to: a) the short-term business activity of general contractors involved in the project construction, and b) the ongoing business activity of retailers and other firms located within the developed project.

Indirect Benefits. Indirect benefits will result when local firms directly impacted by the project in turn purchase materials, supplies or services from other firms. An example would include increased sales of building materials as a result of construction activity.

Induced Benefits. Induced benefits relate to the consumption spending of employees of firms that are directly or indirectly affected by the project. These would include all of the goods and services normally associated with household consumption (e.g., housing, retail purchases, local services, etc.).

The analysis quantifies the above benefits in terms of the following measures: 1 Projected annual sales are based on the applicant’s estimate for the Visalia store at full buildout stabilized sales volumes. Projected number of full-time employees was provided by the applicant. From the full-time employment estimates, TNDG estimated total store employment (full- and part-time) based on IMPLAN full-time equivalent (FTE) factors for the relevant IMPLAN industry sector (Sector 402-Retail-Motor vehicle and parts dealers). See Appendix A.
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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Total industry output – the increase in gross industry receipts2, representing the total economic activity generated by the project;
Total value added – The difference between an industry’s total output and the cost of its intermediate inputs. It is the portion of total output that most accurately reflects local economic activity (i.e., local payrolls and profits, as distinct from gross output which may include the value of raw materials purchased outside the region);
Employment – Expressed as new full- and part-time jobs; and Employee compensation – Payroll and benefits associated with the created jobs, including wage and salary, all benefits (e.g., health, retirement) and payroll taxes (both sides of social security, unemployment taxes, etc.).
2 For Retail and wholesale trade, output = gross margin and not gross sales. Margin is calculated as sales receipts less the cost of the goods sold.
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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Abbreviated Summary of Total City and Total County Economic Impacts Table 5, below, provides a summary of the total one-time construction impacts, as described in the two sets of bullet points above, that would be generated by the proposed project.

Table 5. Summary of Total Impacts for Visalia CarMax, Construction Phase Category Amount1
Visalia
Output $6,620,000
Value Added $3,600,000
Employees250.7
Employee Compensation $2,030,000
Remainder of Tulare County
Output $2,170,000
Value Added $1,160,000
Employees213.6
Employee Compensation $510,000
Tulare County Total
Output $8,790,000
Value Added $4,760,000
Employees264.3
Employee Compensation $2,540,000

1. Sum of direct, indirect, and induced impacts.

2. Part-time and full-time employees
Source: TNDG; IMPLAN
Table 6, on the following page, provides a summary of the total ongoing impacts, resulting from project operations, which would be generated by the proposed project’s on-site commercial operations evaluated in this analysis. The impacts are shown at projected full stabilized sales volumes.

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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Table 6. Summary of Total Impacts for Visalia CarMax, Operations Phase Category
Amount1
($000s, except where noted)
Visalia
Output $15,410,000
Value Added $7,080,000
Employees251.8
Employee Compensation $2,400,000
Remainder of Tulare County
Output $6,870,000
Value Added $3,590,000
Employees244.2
Employee Compensation $1,620,000
Tulare County Total
Output $22,280,000
Value Added $10,670,000
Employees296.0
Employee Compensation $4,020,000

1. Sum of direct, indirect, and induced impacts.

2. Part-time and full-time employees
Source: TNDG; IMPLAN
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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Summary of One-Time Construction Impacts
The one-time economic benefits associated with the construction phase are summarized for the proposed project in Table 3 on the following page. These one-time economic benefits are based on the construction costs estimated in the project pro forma budget. See Appendix A for a breakdown of the construction costs by IMPLAN industry sector.

Table 8, on page 11, shows the top 10 industries affected by employment, in terms of direct, indirect, and induced impacts. The construction impacts would include the following:

Direct Benefits: During its construction phase, the proposed project would directly generate approximately $5.7 million in total economic activity, result in approximately $3.1 million in local value added, create approximately 44 full- and part-time jobs, and generate close to $1.8 million in employee compensation. Given that the project would be developed in the City of Visalia, just about all direct impacts would occur in the City3.

Indirect/Inducted Benefits: Along with its direct impacts to the City, the indirect/induced (“multiplier”) impacts during project construction would include about $960,000 in total economic activity, approximately $510,000 in local value added, approximately 7 jobs, and about $240,000 in employee compensation. Beyond the City’s boundaries, the construction phase would also generate additional multiplier impacts in other areas of Tulare County, as shown in Table 7.

Total Construction Phase Benefits: During its construction phase the project is projected to generate a grand total of approximately $6.6 million in total industry output, $3.6 million in local value added, 51 jobs, and about $2.03 million in employee compensation through direct, indirect and induced economic activity. See Table 7 for the total impacts in the remainder of the County. 3 The estimated small amount of additional direct impacts throughout the County results from permits/fees paid directly to the County as part of the project’s construction phase. 985
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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Table 7. Summary of One-Time Construction Impacts for Visalia CarMax Category Direct Indirect Induced Total
Output
Visalia $5,660,000 $470,000 $490,000 $6,620,000
Remainder of County 0 970,000 1,200,000 2,170,000 _________ _________ _________ _________ Total County $5,660,000 $1,440,000 $1,690,000 $8,790,000 Total Value Added
Visalia $3,090,000 $250,000 $260,000 $3,600,000
Remainder of County 0 500,000 660,000 1,160,000 _________ _________ _________ _________ Total County $3,090,000 $750,000 $920,000 $4,760,000
Employee Compensation
Visalia $1,790,000 $120,000 $120,000 $2,030,000
Remainder of County 0 230,000 280,000 510,000 _________ _________ _________ _________ Total County $1,790,000 $350,000 $400,000 $2,540,000
Employees
Visalia 44.1 3.0 3.6 50.7
Remainder of County 0.0 5.6 8.0 13.6 _________ _________ _________ _________ Total County 44.1 8.6 11.6 64.3
Source: TNDG; IMPLAN
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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Table 8. Top 10 Industries Affected by Employment, Construction Impacts, City of Visalia IMPLAN Sector Jobs
Employee
Comp.

Value
Added Output
55 - Construction of new commercial structures 42.25 $1,674,700 $2,931,400 $5,400,000 457 - Architectural, engineering, and related services 1.07 $59,300 $89,200 $178,900 445 - Insurance agencies, brokerages, and related activities 0.50 $23,300 $30,000 $98,200 447 - Other real estate 0.49 $3,300 $28,900 $86,300
472 - Employment services 0.41 $17,200 $27,700 $42,900
463 - Environmental and other technical consulting services 0.35 $15,000 $20,500 $32,400 544 - * Employment and payroll of local govt, other services 0.33 $31,900 $35,000 $35,000 456 - Accounting, tax prep, bookkeeping, & payroll srvcs. 0.23 $6,200 $14,400 $23,600 510 - Limited-service restaurants 0.22 $4,300 $8,600 $17,600 509 - Full-service restaurants 0.19 $4,600 $8,100 $13,600 Note: Sum of direct, indirect, and induced impacts.

Source: TNDG; IMPLAN

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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Summary of City and County Ongoing Impacts
The ongoing economic benefits associated with the proposed project’s on-site commercial operations are summarized in Table 9 on the following page. These impacts are based on projected full year stabilized sales volumes for the proposed project. In addition, Table 10, on page 14, shows the top 10 industries affected by employment, in terms of direct, indirect, and induced impacts. The ongoing impacts – at stabilized sales volumes – would include the following:

Direct Benefits: From ongoing operations, the proposed project would directly generate approximately $12.9 million in total economic activity, result in approximately $5.9 million in local value added, create 35 jobs, and generate approximately $1.8 million in employee compensation. Given that the project would be developed in the City of Visalia, all direct impacts would be in the City.

Indirect/Inducted Benefits: Along with direct impacts to the City, the indirect/induced (“multiplier”) impacts would include approximately $2.6 million in total economic activity, about $1.2 million in local value added, approximately 17 jobs, and about $580,000 in employee compensation. Beyond the City’s boundaries, the construction phase would also generate additional multiplier impacts in other parts of Tulare County, as shown in Table 9.

Total Ongoing Benefits: On an annual basis, the project is projected to generate a grand total of approximately $15.4 million in total industry output, $7.1 million in local value added, 52 jobs, and about $2.4 million in employee compensation through direct, indirect and induced economic activity.

See Table 9 for the total impacts in the remainder of the County. 988
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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Table 9. Summary of Ongoing Operational Impacts at Stabilized Sales Volumes, Visalia CarMax Category Direct Indirect Induced Total
Output
Visalia $12,860,000 $1,770,000 $780,000 $15,410,000
Remainder of County 0 3,770,000 3,100,000 6,870,000 _________ _________ _________ _________ Total County $12,860,000 $5,540,000 $3,880,000 $22,280,000 Total Value Added
Visalia $5,850,000 $850,000 $380,000 $7,080,000
Remainder of County 0 1,840,000 1,750,000 3,590,000 _________ _________ _________ _________ Total County $5,850,000 $2,690,000 $2,130,000 $10,670,000 Employee Compensation
Visalia $1,820,000 $390,000 $190,000 $2,400,000
Remainder of County 0 900,000 720,000 1,620,000 _________ _________ _________ _________ Total County $1,820,000 $1,290,000 $910,000 $4,020,000
Employees
Visalia 35.0 11.3 5.5 51.8
Remainder of County 0.0 23.3 20.9 44.2 _________ _________ _________ _________ Total County 35.0 34.6 26.4 96.0
Source: TNDG; IMPLAN

989
THE NATELSON DALE GROUP, INC. Page 14
Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Table 10. Top 10 Industries Affected by Employment, Ongoing Operations Impacts at Stabilized Sales Volumes, City of Visalia
IMPLAN Sector Jobs
Employee
Comp.

Value
Added Output
402 - Retail - Motor vehicle and parts dealers 35.06 $1,824,400 $5,857,300 $12,863,600 445 - Insurance agencies, brokerages, and related activities 2.38 $111,000 $143,000 $467,700 447 - Other real estate 1.91 $13,000 $112,800 $337,300
472 - Employment services 1.36 $57,500 $92,300 $143,100 456 - Accounting, tax preparation, bookkeeping, and payroll s 0.85 $22,700 $52,200 $85,800 476 - Services to buildings 0.84 $16,600 $32,700 $48,400 421 - Couriers and messengers 0.48 $19,500 $28,500 $52,000 473 - Business support services 0.38 $14,900 $16,200 $27,500 509 - Full-service restaurants 0.37 $8,900 $15,500 $26,100 422 - Warehousing and storage 0.37 $19,400 $22,500 $44,600 Note: Sum of direct, indirect, and induced impacts.

Source: TNDG; IMPLAN

990
THE NATELSON DALE GROUP, INC. Page 15
Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)

4. FISCAL REVENUE IMPACTS
The project would generate five primary sources of annually-recurring revenue to the City’s General Fund: Property Taxes, Sales Taxes, Motor Vehicle-in-lieu Fees, Business License Taxes, and Franchise Fees. Table 11, below, provides a summary of the annually-recurring revenue by category. On an annual basis, the proposed project is estimated to generate approximately $683,500 in new annually-recurring revenue to the City’s General Fund4. Table 11. Summary of Annual Fiscal Revenue Impact to City’s General Fund, Visalia CarMax General Fund Category
Annual
Total
Property Taxes $7,600
Sales Taxes $666,900
Property Tax VLF Swap $6,900
Business License Tax $1,800
Franchise Fees $300 ____________
Total General Fund Revenue $683,500
Source: TNDG
Along with annually recurring General Fund revenue, the proposed project would also generate a significant amount of one-time revenue for permits and related impact fees. The fees would accrue to the City, the County, and local utility agencies. As shown in Table 12, these one-time fees would total approximately $267,000.
4 All fiscal revenue impacts are rounded to the nearest hundredth number. 991
THE NATELSON DALE GROUP, INC. Page 16
Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Table 12. Summary of One-Time Fee and Permit Revenue, Visalia CarMax General Fund Category
Annual
Total
Entitlement Fees $12,000
Building Permits 20,000
Expeditor Fees 15,000
Impact Fees 200,000
Utility Fees 20,000
____________
Total General Fund Revenue $267,000
Note: Totals may not sum due to rounding
Source: Project Applicant
Property Taxes
As shown on Table 13, below, the project would generate approximately than $7,600 in annuallyrecurring property tax revenue to the City’s General Fund. Based on the standard 1.0% property tax rate, the project would generate approximately $68,000 in total property tax revenue5. Along with the City’s General Fund, other funds (County funds, school districts, Library, etc.) would also receive property tax increment generated by the project, as shown on Table 13. 5 New assessed value is based on project construction costs, as estimated by the project applicant. 992
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Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Table 13. Projected Annually-Recurring Property Tax Revenue by Fund, Visalia CarMax Variable Amount
Total New Assessed Value A $6,800,000
Base Property Tax Rate B 1.0%
Total NEW Property Tax Revenue C = A x B $68,000
Allocation by Fund Factor
City General Fund 0.112377 $7,600
County Funds 0.223210 $15,200
Library Fund 0.015277 $1,000
School Districts 0.368847 $25,100
ERAF 0.244185 $16,600
Other Agencies 0.036104 $2,500 ________ ________
Total 1.000000 $68,000
Note: ERAF = Educational Revenue Augmentation Fund
Source: Tulare County Auditor-Controller, Property Tax Division, 2019-20 See Appendix C for tax increment factor detail.

Sales Taxes
As shown on Table 14, on the following page, the project would generate approximately $666,900 in annually-recurring sales tax revenue to the City’s General Fund. New sales tax revenue will be generated by used vehicle and other taxable sales. Along with the standard 0.95% of taxable sales that is reimbursed by the State, Measures N and T, the City will receive an additional 0.75% of taxable sales that is generated by Visalia Residents6.
6 Estimated share of taxable purchases made by Visalia residents is based on data provided by the applicant.

Measure N authorized the City to enact an additional sales tax of 0.50 percent to fund general city services, while Measure T authorized the City to enact an additional sales tax of 0.25 percent to fund public safety. 993
THE NATELSON DALE GROUP, INC. Page 18
Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Table 14. Projected Annually-Recurring Sales Tax Revenue, City of Visalia, Visalia CarMax Variable Amount
Dealership Sales
Total Taxable Sales1 A $51,800,000
City Sales Tax Revenue
Local Sales Tax Rate B 0.95%
On-site Sales Tax Revenue C = A x B $492,100
Percent of Dealership Used Cars Purchased by City Residents2 D 45% Used Vehicle Sales Subject to Additional Measures N & T Sales Tax E = D x A $23,310,000 Additional Measure N3 Sales Tax Rate F 0.50%
Additional Measure T 4 Sales Tax Rate G 0.25%
Additional Measure N Sales Tax Revenue I = E x F $116,550 Additional Measure T Sales Tax Revenue J = E x G $58,275 Total On-site Sales Tax Revenue J = C + I + J $666,900
Notes: 1. Estimate provided by applicant

2. Factor derived from information provided by the applicant

3. Measure N authorized the City city to enact a 0.50% sales tax for essential services

4. Measure T authorized the City city to enact a 0.25% sales tax for public safety Source: City of Visalia Proposed Budget, Fiscal Years 202-21 & 2021-22; Project Applicant; TNDG Motor Vehicle in-Lieu Fees
Along with standard property tax revenues, the City also receives separate property tax payments from the State in lieu of Vehicle License Fee (VLF) revenues. This separate property tax line item accrues to the City’s General Fund. The amount the City receives from the State increases annually based on the percentage increase in the City’s total assessed valuation. As shown on Table 15, on the following page, the proposed project is estimated to generate approximately $6,900 annually-recurring Motor Vehicle in-Lieu Revenue.
994
THE NATELSON DALE GROUP, INC. Page 19
Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Table 15. Projected Annually-Recurring Motor Vehicle in-Lieu Revenue, City of Visalia, Visalia CarMax Variable Amount
Incremental Assessed Value from Project A $6,800,000
City of Visalia
Property Tax VLF Swap, FY 2018-19 Actual B $11,578,941
City of Visalia Assessed Valuation, FY 2018-19 C $10,601,276,000 Percentage Increase over FY 2018-19 Base Assessed Value D = A / C 0.06% New Motor Vehicle in-Lieu Fees E = B x D $6,900
Source: City of Visalia Comprehensive Annual Financial Report (CAFR), Fiscal Year 2019; City of Visalia Proposed Budget, Fiscal Years 202-21 & 2021-22 Franchise Fees
Franchise fees accruing to the City are projected on a population-equivalent per capita basis. The relevant population for this calculation is the resident and daytime (employee) populations in Visalia. As shown on Table 16, on the following page, utility franchise fees in the FY 2018-19 budget were $2,700,206, or approximately $16.21 per capita (based on the relevant service area population of 166,562)7. The project is projected to generate onsite employment of 35 jobs, counted in this analysis at 50% (for a population equivalent of 17.5 jobs). By multiplying the project’s population-equivalent employment by the per capita factor of $16.21, TNDG forecasts that the project at buildout would generate approximately $300 per year in franchise fee revenue for the City.

Business License Taxes
Business license taxes are projected according to the City’s business license fee schedule. According to this schedule, retailers are charged a fee of $0.70 per $1,000 of gross receipts, with a maximum bound of $914.00 every six months. Based on the project’s projected gross receipts, it would be subject to the maximum fee, or about $1,800 per year.
7 The City collects franchise fees for the following services: Cable TV, Electric, Gas, and Water. 995
THE NATELSON DALE GROUP, INC. Page 20
Economic and Fiscal Impact Analysis
CarMax Project (Visalia, CA)
Table 16. Projected Annually-Recurring Franchise Fee Revenue, City of Visalia, Visalia CarMax Variable Amount
Franchise Fees - General Fund1 A $2,700,206
City Res ident Population B 137,696
City Employee Population C 57,731
Employee Weighting Factor2 D 0.50
Effective Service Area Population E = B + C*D 166,562
Per Capita/Employee Factor F = A / E $16.21
Projected onsite employment G 35
Population-equivalent jobs H = G*D 17.5
Total Franchise Fee Revenue Generated by Project I = H*F $300 Notes: 1. Include Cable TV, Electric, Gas, and Water Franchise Fees

3. Midpoint of staffing model provided by applicant
Source:

2. Based on assumption that one job is equivalent to 0.50 res idents in terms of impacts to City services/revenues
City of Visalia Proposed Budget, Fis cal Years 202-21 & 2021-22; State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State ; U.S. Census Bureau, OnTheMap; Project Applicant; TNDG.

Table 17. Projected Annually-Recurring Business License Tax Revenue, City of Visalia, CarMax Variable Amount
Business License Tax - Fee per $1,000 of Gross Rcpt A $0.70 Maximum Fee/6 mo1 B $914.00
Total Busines s License Tax Generated by Project C = B x 2 $1,800 Notes: 1. Given the level of projected sales, the CarMax store would be subject to the maximum fee.

Source City of Visalia, Business Tax Information 2020 Brochure 996

APPENDIX A

IMPLAN MODEL INPUTS

CONSTRUCTION AND OPERATIONS PHASES
997
Construction Categories
IMPLAN Sector Model Input
55 – Construction of new commercial structures* $5,400,000 457 – Architectural, engineering, and related services $152,000 463 – Environmental and other technical consulting services $25,000 State/Local Govt Other Services 295,000
Total $5,872,000
* Includes the following definitions of construction activity, as defined by IMPLAN:

1. New buildings and structures

2. Additions, alterations, conversions, expansions, reconstruction, renovations, rehabilitations, and major replacements

3. Mechanical and electrical installations

4. Site preparation and outside construction of fixed structures

5. Fixed, largely site-fabricated equipment not housed in a building

6. Cost and installation of construction materials placed inside a building and used to support production machinery
Not modeled: land, soft costs purchased outside County, some Furniture, Fixtures, & Equipment (FF&E) Source: IMPLAN; TNDG.

Operations Categories
Sales Category IMPLAN Sector Model Inputs*
Sales
($millions)
Employees Employee
Compensation
Used Vehicle Sales
and Other
Sales/Revenues
402 - Retail Motor vehicle and parts
dealers

51.8 35 $1,821,392
Source: IMPLAN; TNDG.
*Sales values derived from data provided by the applicant. Projected sales estimates are conservative in that they are about 65% of the companywide average per dealership, according to sales data from CarMax’s most recent Annual Report. Full-time employee estimates provided by the applicant were converted to estimated total employees based IMPLAN full-time equivalent (FTE) factors for this industry sector. Wage and salary estimates are based average levels per employee for this IMPLAN sector.

998

APPENDIX B
IMPLAN Model Glossary
999
The following provides technical definitions for measures of economic impacts evaluated in this analysis.

These definitions are excerpted from IMPLAN’s online glossary8. Output – represents the value of industry production. In IMPLAN these are annual production estimates for the year of the data set and are in producer prices. For manufacturers this would be sales plus/minus change in inventory. For service sectors production = sales. For Retail and wholesale trade, output = gross margin and not gross sales.

Value Added – The difference between an industry’s or an establishment’s total output and the cost of its intermediate inputs. It equals gross output (sales or receipts and other operating income, plus inventory change) minus intermediate inputs (consumption of goods and services purchased from other industries or imported). Value added consists of (1) Labor Income (employee compensation and proprietor income), (2) taxes on production and imports less subsidies (formerly indirect business taxes and nontax payments), and (3) other property income (formerly “other value added”)9. Gross value added is the value of output less the value of intermediate consumption; it is a measure of the contribution to GDP made by an individual producer, industry or sector.

Employee Compensation – is the total payroll cost of the employee including wages and salaries, all benefits (e.g., health, retirement), and payroll taxes.

Jobs - A job in IMPLAN = the annual average of monthly jobs in that industry (this is the same definition used by QCEW, BLS, and BEA nationally10). Thus, 1 job lasting 12 months = 2 jobs lasting 6 months each = 3 jobs lasting 4 months each. A job can be either full-time or part-time. 8 Accessed at https://implanhelp.zendesk.com/hc/en-us/sections/115002653168-Glossary 9 A profits-like measure that includes corporate profits, net interest, business transfer payments, etc. 10 QCEW = Quarterly Census of Employment and Wages; BLS = Bureau of Labor Statistics; BEA = Bureau of Economic Analysis.
1000

APPENDIX C
Fiscal Revenue Model Factors
(Property Tax Increment Factors)
1001
Property Tax Increment Factors for Tax Rate Area (TRA) 006-013, City of Visalia District
Code District Name
Tax Rate Area
006-013
011 COUNTY GENERAL 0.177615
016 LIBRARY FUND 0.015277
099 EDUCAT REV AUG 92/93
114 LIBERTY EL MT 0.153510
146 TULARE JT HI MTCE 0.162869
151 COLL/SEQUOIA COM COLL 0.052468
198 COUNTY SCHOOL SER MT 0.024227
336 KAWEAH DELTA HOSPTAL 0.009351
338 KAWEAH DELTA WATER 0.024102
401 TULARE CO AIR POLLUT 0.000344
402 TULARE CO FLOOD CONT 0.002060
415 TULARE MOSQUITO 0.018964
418 VISALIA CEMETERY 0.001098
419 VISALIA CITY 0.112377
431 VISALIA MEMORIAL 0.001553
98 EDUCAT REV AUG 93/94 (ERAF) 0.244185 ____________
Total 1.00000000
Note: ERAF = Educational Revenue Augmentation Fund
Source: Tulare County Auditor-Controller, Property Tax Division, 2018-19 1002
1003
1004
1005
City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0078 Agenda Date: 2/22/2022 Agenda #: 1.

Agenda Item Wording:

Upcoming Visalia City Council Meetings:

Monday, February 28, 2022 - Special Meeting @ 4:00 PM, Budget Review Tuesday, March 1, 2022 - Special Meeting @ 8:30 AM, Strategic Planning Session Monday, March 7, 2022 - Regular Meeting @ 7:00 PM
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Visalia City CouncilFebruary 22, 2022

Visalia City Council
February 22, 2022