Agenda packet — Visalia City Council, February 22, 2022 (part 1 of 4)

707 W. Acequia City of Visalia Visalia, CA
City Council
Meeting Agenda - Final
Mayor Steve Nelsen
Vice Mayor Brian Poochigian
Council Member Greg Collins
Council Member Brett Taylor
Council Member Liz Wynn
Tuesday, February 22, 2022 7:00 PM City Council Chambers *Government Code Section 54953(b) provides the rules for teleconferencing for City Council meetings.
*Councilmember Liz Wynn will participate in the February 22, 2022 Visalia City Council meeting via teleconference. The name and address of the teleconference site is Pueblo Bonito Emerald Bay Resort and Spa, Av. Ernesto Coppel Campaña s/n Zona Nuevo Mazatlán, Mazatlán, Sinaloa 82100, México.
*The public is able to attend and participate from this teleconference location.

ROLL CALL
CALL TO ORDER WORK SESSION - 4:00 PM

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.

Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

WORK SESSION AND ACTION ITEMS (as described)

1. Continue review of select FY 2022/23 and 2023/24 Capital Improvement Program (CIP Budgets and future capital plans. 22-0009
Attachment A- Capital Summary February 22 2022
Attachment B-Directory of Map Points and Maps February 22 2022
CIP Funds 2.22.22 103 231 431 441 501
Attachments:

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1 City Council Meeting Agenda - Final February 22, 2022

2. Follow-Up Discussion and direction on recommended changes to Zoning Ordinance Chapter 17.56, Historic Preservation District Ordinance.
22-0043
October 4, 2021 City Council-Historic Preservation Advisory Committee Work Session Staff Report
Attachments:

3. Presentation on the City of Visalia’s Stormwater Management Program
22-0057
Attachments: MS4 Council Presentation
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

PUBLIC COMMENTS
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.

Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

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2 City Council Meeting Agenda - Final February 22, 2022

1. Authorize the City Manager to award RFB # 20-21-14 Maintenance and Repair of all City Elevators to TK Elevators, of Fresno, CA, not to exceed $45,000 annually, for the maintenance and repair services of all City maintained elevators per specifications of RFB #20-21-14.
22-0004
Attachments: TKElevator_RFB-21-22-14

2. Consideration of a mural application request from Lisa Marie Alvarado, for a new mural located on the east-facing façade of the commercial building located at 400 North Johnson Street. 22-0018
Attachment 1 - Application
Attachment 2 - Mural Rendering
Attachment 3 - Building Elevation
Attachment 4 - Location
Attachment 5 - Mural Agreement
Attachment 6 - Mural Guidelines
Attachment 7 - Revised Mural Rendering
Attachments:

3. Accept and appropriate $1,757,000 of Congestion Mitigation and Air Quality (CMAQ) funds awarded for the Traffic Signal Interconnect Project at various locations and for the Burke Street and St. John’s Parkway Traffic Signal; 2) Appropriate $452,000 from the Measure R Regional Fund (133); and 3) Authorize the City Manager to execute Measure R Supplement Agreements with the Tulare County Association of Governments (TCAG) to utilize $452,000 of Measure R Regional funds for the projects specified in this agenda.
22-0038

1. MEASURE R PROGRAM SUPPLEMENT_Traffic Signal
Interconnect Project

2. MEASURE R PROGRAM SUPPLEMENT_Traffic Signal at
Burke St. & St. John's Parkway Project

3.A. Project Location Map-Houston SIC.pdf

3.B. Project Location Map-Demaree SIC.pdf

3.C. Project Location Map-Ben Maddox SIC.pdf

4. Project Location Map-Burke_St Johns Traffic Signal.pdf Attachments:

4. Authorize the acceptance of the 2021 State Homeland Security Grant Program (SHSGP) award and appropriate funding from the General Fund in the amount of $42,580 for the purchase of six (6) Handheld Thermal Imaging Cameras (TIC) with Charger Base and 2 Batteries each.
22-0042
FY21 SHSGP VFD Assurances with Non-County entities
FY21 SHSGP VFD Notification of Sub Recipient Award and
Binder
Attachments:

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3 City Council Meeting Agenda - Final February 22, 2022

5. Authorize City Manager to execute Facility Use Agreements with Visalia Youth Softball Association and Sequoia Little League Softball for Riverway Softball Complex for the purpose of youth softball games.
22-0048
VYSA Facility Use Agreement 2022 DRAFT 1.27.22
KLLS Facility Use Agreement 2022 DRAFT 1.27.22
Attachment B 2012 Priority Use Policy
Attachment A - RSP Softball Complex
Attachments:

6. 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.
22-0049
Attachments: Attachment 1 - Ownership Disclosure Form

7. 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.
22-0053
RFB 21-22-06 WWTP Janitorial Services
Revised_BidSummary_RFB-21-22-06
Attachments:

8. 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).
22-0058
Resolutions for Lightnig and Landscape Districts
Location Map
Development Disclosure
Final Map
Application for the Formation of Landscape and Lighting District
Attachments:

9. 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).
22-0047
TPM2020-09
Location Map
Aerial Map
Development Disclosure
Attachments:

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4 City Council Meeting Agenda - Final February 22, 2022

10. 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. 22-0060
RFB 21-22-15
BidSummary_RFB-21-22-15
Attachments:

11. 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.
22-0061

1. Oakes Basin Area Map

2. Oakes Basin West Site Map
Attachments:

12. 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.
22-0067
Resolution for Landscape and Lighting
Location Map
Aerial Map
Vista del Sol Final Map
Development Disclosure Signed
Application for the Formation of LLD
Attachments:

13. 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.
22-0068
Ordinance No. 2022-03
Legal Description
Map of Take Areas
Attachments:

REGULAR ITEMS AND PUBLIC HEARINGS

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5 City Council Meeting Agenda - Final February 22, 2022 Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. 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.
22-0071
City of Visalia Redistricting Public Hearing February 22 2022 PowerPoint by NDC
New Maps 106b
New Maps 106b Demographic Data
Resolution 2022-11
Attachments:

2. 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).
22-0065
Ordinance No. 2022-01 for Amendment to Conditional Zoning Agreement No. 2021-11
Attachment "B" – Site Plan
Attachment “C” – Conceptual Elevations
Attachment “D” – Floor Plan
Attachment “E” – Visalia Auto Plaza Design Guidelines / Conditional Zoning Agreement No. 2003-01
Attachment “G” – December 13, 2021, Planning Commission Staff Report
Attachment “F” – CarMax Economic Study, August 6, 2020
Public Comment Letters
Attachment “A” – Operational Statement
Attachments:

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

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6 City Council Meeting Agenda - Final February 22, 2022

1. 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
22-0078

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7 City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0009 Agenda Date: 2/22/2022 Agenda #: 1.

Agenda Item Wording:

Continue review of select FY 2022/23 and 2023/24 Capital Improvement Program (CIP Budgets and future capital plans.

Deadline for Action: 2/22/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Melody Murch, (559)713-4379, [email protected] <mailto:[email protected]> Renee Nagel, (559)713-4375, [email protected] <mailto:[email protected]> Department Recommendation:

That the City Council receive the second presentation of the City's Capital Improvement Program (CIP) report and provide direction as appropriate. The Council is scheduled to act upon the CIP budget in June in conjunction with the operating budget. No formal action is required or requested at this time.

Background Discussion:

The Review Process- This is Council’s second opportunity to review a portion of the City’s proposed Capital Plan. Portions of the proposed 2022/23 and 2023/24 capital budget will be brought to Council for review at each scheduled meeting during the months of February-March 2022. This allows Council to conduct their review of the proposed CIP budget in manageable groupings.

The Capital Improvement Program presents the two fiscal years 2022/23 and 2023/24 for adoption and appropriation. Four additional years are shown for planning purposes only. This allows Council to plan future projects and consider the near-term impacts of those decisions. However, only the first two years are proposed for appropriation and deserve greater scrutiny. Amounts included in the final four years will not be appropriated in the 2-year budget.

Staff has prepared a Power Point presentation to review the proposed Capital Programs of the various funds discussed below. CIP Project Managers will be available to address Council’s questions on proposed projects.

To assist Council in reviewing the proposed CIP projects, staff recommends the following:
· Staff will present a summary of proposed project appropriations and provide Council with the opportunity to request further information on individual projects. · It is recommended that Council review and either tentatively approve or direct changes to the attached proposed Capital Improvement Program (CIP) budgets for the selected funds. · No formal action is required at this time. At Council’s direction, staff will return with additional information or changes to the CIP at a following meeting, until all projects have been reviewed, and Council is satisfied with the proposed capital budget for all funds. · A final Capital Improvement Program document will be prepared, after the review process is City of Visalia Page 1 of 8 Printed on 2/22/2022
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· A final Capital Improvement Program document will be prepared, after the review process is completed, and included for adoption with the City’s Operating Budget in June 2022.

The CIP includes all projects and equipment purchases costing $10,000 or more. When possible, Capital Projects are separated from the operating budget, using separate capital funds. This allows a clear view of capital activities and prevents operating budgets from being artificially inflated by those same capital activities.

Funds for Review- The five funds to be reviewed today include two impact fees, two enterprise funds, and one internal service fund.
· Impact Fee funds hold revenue from fees imposed upon new development to pay for the proportionate costs of providing public infrastructure to serve that new development. These funds can only be used for the purchase or construction of new or expanded infrastructure related to the growth from development.
· Enterprise funds are meant to be self-sufficient, and revenues are restricted to uses designated within the fund in which they are received. Enterprise funds are independent of the General Fund. In general, dollars not used for operating in these funds are available for capital projects. · Internal Service Funds provide a service to various City operations on a cost reimbursement basis. All costs of this type of fund are passed through to the operations benefitting from the services.

The Funds to be discussed in today’s meeting include those listed in Table 1: Capital Budget Funds for Review February 22, 2022, below.

Table 1: Capital Budget Funds for Review February 22, 2022 Fund Name Fund #
Proposed
2022-23
Proposed
2023-24
Corporation Yard Impact Fee 103 - $ -
Wastewater Trunkline 231 844,200 3,635,800
Wastewater 431 $ 5,582,100 5,119,800
Solid Waste 441 1,188,000 4,197,000
Fleet Maintenance 501 70,000 422,000
Total Projects $ 7,684,300 $ 13,374,600
Corporation Yard Impact Fee 103 (CIP detail attached): This fund is derived from Corporation Yard (CY) Impact fees collected at the time of building permit issuance. Impact Fee funds hold revenue from fees imposed upon new development to pay for the proportionate costs of providing public infrastructure to serve that new development. These funds can only be used for the purchase or construction of new or expanded infrastructure (facilities and equipment) related to the growth from development and not for operation or maintenance.

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This fund has been included in today’s discussion based upon the funding proposed for CY improvements during the 6-year plan. This fund has no projects proposed for appropriation in the 2-year Capital Budget.

The Corporation Yard New Site Development proposed in this fund is projected for the fifth year of the capital plan (2026/27) and contingent upon the completion of Corporation Yard improvements planned in earlier years. A detailed description of this project is included in the Corporation Yard Impact Fee’s proposed capital plan, included in Attachment A.

Wastewater Trunk line Construction, Fund 231 (CIP detail attached): This fund's revenues are derived from Sanitary Sewer and Trunk Line Connection Fees and a portion of the monthly storm sewer fee revenue.

Funds are to be used only for new sanitary sewer trunk line construction, and not for operation and maintenance.

There are four projects proposed in the 2-year portion of the capital budget which include 2 projects which are funded annually for preliminary engineering and developer reimbursements to accommodate development when necessary. The remaining 2 projects are for proposed trunk line improvements, which are driven by development. Current development trends indicate these two projects, which are discussed below, to be the highest priority for this funding, however staff is constantly adjusting plans and projections based upon what occurs and will bring any necessary changes to council for approval. · American Street Trunk Extension ($3,835,000, 2022-24): This project consists of installing 5,200 feet of 30-inch diameter pipeline in American Street (Road 76). The project extends from Riggin Avenue to Avenue 320 and will serve the industrial zoned area of the city. This trunk is needed to serve emerging industrial development between Riggin Avenue and Avenue 320 areas within the Industrial Land Use Zone and Tiers 1 and 3 Urban Development Boundary Areas. This trunkline will terminate at Avenue 320 (boundary of the sphere of influence) and have the capability to serve future industrial development within the City's planning Area.
· Shirk Street Sanitary Sewer Trunk Line Walnut to Noble ($385,000 2023-24; $5,840,000, planning years): This project will install a 48" sanitary sewer trunk line in Shirk Street between Walnut Avenue and Noble Avenue. This will connect the existing sewer trunkline within Shirk Street south of Hwy-198 to the existing sewer trunkline in Walnut Avenue. The project will remove the existing 6" sewer force main, and the associated lift station located at Shirk Street and Noble Avenue. The replacement of the line is identified in the City's Sewer Master Plan and will provide the necessary wastewater conveyance capacity to accommodate growth from future development. This 3-year project is projected to begin in 2023/24 and be completed in 2025/26.

The additional 2 projects shown in the 6-year plan are dependent upon the need for the improvements described, based upon development and will be re-evaluated during the next 2-year capital budget process.

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For more detail on proposed projects please see the fund summary included in Attachment A.

Wastewater Fund 431 (CIP detail attached): The Wastewater fund is derived from Sanitary Sewer user fees and rates. Funds are to be used only for operations, maintenance, and improvements, including vehicle and equipment acquisitions related to collection and disposal of wastewater and operation of the Wastewater Reclamation Facility. Funds remaining from operations at the end of each fiscal year are available for capital improvements.

The Wastewater Fund completed an upgrade of the Wastewater Reclamation Facility (WRF) in 2018 which brought the WRF into compliance with discharge permit requirements from the Regional Water Quality Control Board. As the new plant equipment and infrastructure has begun to age, new maintenance tasks have been required to ensure optimal function and preserve this investment. The 6-year capital plan for the Wastewater Fund includes maintenance tasks and spare part purchases which are required for the maintenance of the upgraded WRF.

The upgrade of the WRF was accomplished with debt funding from the Clean Water State Revolving (CWSR) Fund. The balance of the CWSR fund debt will be $86,775,000 at the end of Fiscal Year 2021/22. While this fund is projected to have an accumulated balance of over $57 million dollars during the next 2-year budget, the possibility of further regulations and requirements coming from the State are very real. Currently, the reserve amounts in this fund are to be set aside to fund any future Regional Water Quality Control Board requirements. If, over time, the funds are not needed for this purpose, they may be used for the early retirement of the Clean Water State Revolving (CWSR) Fund debt, at the discretion of the City Council.

Currently, the debt in this fund exceeds the financial resources available by approximately $30 million.

The Wastewater Fund has a total of 34 projects in the capital plan and 27 require funding in the 2-year budget.

Most projects proposed in the Wastewater Fund are for equipment and on-going maintenance of the plant.

The two largest projects included in this budget, which are summarized below, are for additional funding for the Mission Linen Soil Remediation, and the replacement and relocation of sanitary sewer mains throughout the city, as needed.
· Mission Linen Soil Remediation ($1,223,800, 2022-24): Additional funding of the City's obligated portion of remediation in the general area along Mineral King between Tipton and Santa Fe Streets, and Santa Fe Street and Tipton Street north of Mineral King. This project provides reimbursement of activities associated with soil remediation implementation. Apex Companies, LLC and Environmental Risk Solutions, Inc. are contracted by Mission Linen in compliance with the Imminent and Substantial Endangerment Order as the first step in the contamination cleanup. Additional funds are required for installation and operation of the Soil Vapor Extraction (SVE) Interim Remedial Measure (IRM). The project total of $1,473,800 includes prior year funds of $250K from the Wastewater Fund (431). · Replace and Relocate Sanitary Sewer Mains ($1.5 million annually): This funding will replace sanitary sewer mains which are shown to be deteriorating throughout the City and also relocate City of Visalia Page 4 of 8 Printed on 2/22/2022
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sanitary sewer mains which are shown to be deteriorating throughout the City and also relocate sanitary sewer mains as necessary to accommodate development of property formerly used as streets or alleys. This work prevents sewer failures which can cause overflows and service disruptions.

For additional projects and details included in Wastewater’s proposed capital plan, please see the CIP detail included in Attachment A.

Solid Waste, Fund 441 (CIP detail attached): The Solid Waste fund is supported by refuse collection fees.

The Solid Waste revenues collected are to pay for operating expenses and capital projects. This fund is responsible for the replacement cost for the Solid Waste Fleet which has over 60 garbage trucks. With no significant grant funding currently available for the large-scale replacement of Solid Waste vehicles, it is necessary to plan long-term for the replacement of this large fleet which is so vital to the health and safety of our citizens. To prepare, any available fund balance remaining at the end of each year is set aside to fund the depreciation of Solid Waste capital assets and to pay for future capital projects, including truck replacements.

The goal of this process is to pre-fund capital maintenance and replacement to ensure adequate funding and prevent the need to borrow from the General Fund. The SW capital plan also includes projects for improvements at the City Corporation Yard which include the demolition of the Solid Waste Cain Building, discussed below.
· Solid Waste Cain Building Demolition (2023/24, $262,000): This Project will demolish the existing (approximately 4,500 square foot) solid waste maintenance building located on Cain Street, except for the solid waste administration office portion. The section of the building to be demolished has dropped approximately 9 inches in the last several years and continues to settle. Estimates for proper repairs of the building have proven to be too costly and demolition of this unsafe portion of the building has been determined to be the most cost-effective solution. Prior to demolition, the maintenance shop will be moved to the newly constructed Solid Waste Maintenance Shop which is in the current Capital budget.

Fleet Replacement: The proposed capital plan includes the replacement of 16 garbage trucks over the next 4 years, 5 of which are proposed to receive appropriations in the 2-year capital budget. In addition, 3 new growth garbage trucks are proposed for purchase in the 2-year capital budget. The SW trucks have a life of approximately 10 years and are evaluated and scheduled by the Fleet Maintenance Division for replacement.

Trucks which have reached the end of their useful life are sold at auction after they have been replaced.

Typically, a new residential truck is needed for every 1,280 residential accounts and a commercial truck is needed for every 120 commercial accounts. All new vehicles requested are dependent upon actual need in response to growth in utility accounts.

Alternative Fuel Options: In compliance with Title 13 of the California Code of Regulations, Section 2021.2 the Solid Waste Fleet has been converted to Compressed Natural Gas (CNG) with the assistance of Congestion Mitigation Air Quality (CMAQ) grant funding. The fleet currently consists of 61 trucks (36 Side-Loaders, 20 Front-Loaders, and 5 Roll-offs) which are all powered by CNG. However, there is no further CMAQ funding available to reduce the City’s cost for the replacement of the current CNG fleet, and it is appropriate at this point to fully evaluate the long-term cost, and carbon footprint of different fuel options.

The Solid Waste division was recently authorized by Council to replace 6 CNG Solid Waste vehicles with trucks to be powered with clean diesel. This alternative was recommended by staff based upon comparison of the carbon footprint and life-time costs of the two vehicle types. While there are arguments to be made in City of Visalia Page 5 of 8 Printed on 2/22/2022
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the carbon footprint and life-time costs of the two vehicle types. While there are arguments to be made in favor of both clean diesel and CNG, the cost of CNG powered vehicles remains high compared to clean diesel. With no significant CMAQ funding available to cover the higher cost of CNG trucks, staff currently plans to continue the recommendation to purchase clean diesel-powered vehicles. All trucks purchased will comply with applicable regulations, including those of the California Air Resource Board. · (8) Solid Waste Trucks requested in FY 23-24 ($2.79 million) - The Solid Waste Department is proposing to replace 5 Residential Side-Loader Trucks in FY 2023-24. These 5 trucks will replace vehicles that have reached the end of their useful lives. Also proposed is the purchase of 3 growth trucks in 2023-24, which include 1 Residential, 1 Commercial Front Load, and 1 Commercial Roll-Off.

The City will pursue any available grant funding to pay for the replacement of Solid Waste trucks scheduled in the 2-year capital budget. While every effort will be made to secure a grant, if no grant funding is available or awarded, the purchase will move forward with Solid Waste funds, depending upon the condition of the trucks needing to be replaced. For additional projects and details included in Solid Waste’s proposed capital plan, please see the CIP detail included in Attachment A.

Fleet Maintenance, Fund 501 (CIP detail attached): City Departments reimburse this internal service fund for the operation and repair costs associated with the organization's vehicles and equipment. This fund has five (5) projects proposed for appropriations in the 2-year portion of the budget. As an internal service fund, the cost of any capital projects approved in Fleet Maintenance will be passed through to the City operations which benefit from Fleet services. Fleet requests for fueling and shop improvements are discussed below. · Fueling Feasibility Study and Fuel Management Upgrade (2022-2024, $250,000): Prior to necessary upgrades to the City’s fuel management system, a feasibility study is needed to determine the most cost-effective way to fuel City vehicles and equipment. This study will provide feedback from a consultant to determine if the City should abandon all City owned fueling sites and out-source fueling to a contracted card-lock fuel vendor; or upgrade the fuel tracking software and equipment, and link the current fueling sites. The requested funding in 2023-24 is contingent upon the recommendations resulting from the feasibility study. If recommended, the Fuel Management Upgrade would link three City of Visalia fueling operations into one central location (Corp yard, Police/Fire 51, WWTP) and provide a complete fuel accounting and instant reconciliation across multiple sites, and real-time fuel data access for monitoring and reporting instantly. If recommended, the equipment would be upgraded to a keyless tracking system with vehicle sensors.
· Fleet Shop Improvements and Expansion (2023-24, $212,000): Improvements to the old Edison building at 432 North Ben Maddox Way including installation of electrical and air supply for shop equipment and Fleet work bays, a restroom, and shop building heaters. The Fleet Light Vehicle Shop and Tire Shop will relocate to this building after improvements are complete and the existing Light Vehicle Shop will receive electrical improvements and a door installed in order for the Welding Shop to relocate there. This project will coincide with the purchase of C-Train units for tire storage (EQ0135) and the replacement of Fleet vehicles hoists (CP8377) which are in the current capital plan.

For a detailed description of the remaining Fleet projects included in the planning years of the budget, please City of Visalia Page 6 of 8 Printed on 2/22/2022
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see the Capital Summary in Attachment A.

Fiscal Impact:

The City’s Capital Improvement Plan details a six-year plan for the expenditure of funds and the completion of projects (see Attachment A). Information for the years 2024/25 through 2027/28 is provided for informational and planning purposes and will be revised, updated, and adopted in 2-year increments.

The attached spreadsheets summarize each fund and provide a detailed list of the proposed projects. The fund title and number are followed by a brief explanation of the revenue source and general purpose of the fund. Each fund summary shows projections of the beginning cash, operating revenue (or capital contribution from operating revenue), operating expenditures, proposed CIP expenditures, and the projected ending cash balance for each of the six years.

Prior Council Action:

The following is a list of Capital Funds reviewed at prior Council Meetings:

Fund Name Fund
Animal Services 406
Airport 411
Transit Capital 452
February 7th
Other:

Table 2 is a summary of the remaining capital funds to be reviewed by Council during the months of February and March 2022, prior to their adoption:

FUND Key DESCRIPTION FUND Key DESCRIPTION
132 2420 Measure R Bike/Trail 012 3820 Police Unclaimed Funds 211 2440 Recreation Facilites 502 5020 Vehicle Replacement 221 2450 Storm Sewer 503 5030 Measure T Police Vehicle Replace 222 2460 Storm Sewer Deficiency 504 5040 Measure T Fire Vehicle Replace 224 2480 Ground Water Recharge 505 5050 Measure N Vehicle Replace 251 2530 Waterway Maintenance 511 5110 Information Services 261 2540 Waterway Construction
481 4880 Storm Sewer Maintenance
001 1010 General Fund
106 2360 Fire Impact Fee
111 2370 Gas Tax 413 4130 Convention Center
113 2390 SB1-RMRA 611 6010 Parking In-Lieu
131 2410 Measure R Local
133 2430 Measure R Regional
3/7/22
Table 2: Capital Funds to be reviewed by Council in future Council Sessions 2/28/22 3/14/22
3/21/22
04/18/2022*
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FUND Key DESCRIPTION FUND Key DESCRIPTION
132 2420 Measure R Bike/Trail 012 3820 Police Unclaimed Funds 211 2440 Recreation Facilites 502 5020 Vehicle Replacement 221 2450 Storm Sewer 503 5030 Measure T Police Vehicle Replace 222 2460 Storm Sewer Deficiency 504 5040 Measure T Fire Vehicle Replace 224 2480 Ground Water Recharge 505 5050 Measure N Vehicle Replace 251 2530 Waterway Maintenance 511 5110 Information Services 261 2540 Waterway Construction
481 4880 Storm Sewer Maintenance
001 1010 General Fund
106 2360 Fire Impact Fee
111 2370 Gas Tax 413 4130 Convention Center
113 2390 SB1-RMRA 611 6010 Parking In-Lieu
131 2410 Measure R Local
133 2430 Measure R Regional
241 2520 Transportation Impact Fees 311 6110 CDBG
273 2730 Landscape & Lighting
281 2810 State Transportation
141 1410 Measure N
the requirements of the individual funding, but will be included in the final budget document for informational purposes.
3/7/22
05/02/2022*
* These funds will be reviewed seperately from the Capital Budget process according to Table 2: Capital Funds to be reviewed by Council in future Council Sessions 2/28/22 3/14/22
3/21/22
04/18/2022*
Alternatives: None Recommended.

Recommended Motion (and Alternative Motions if expected):

No motion required or requested at this time...end
Environmental Assessment Status: Click or tap here to enter text.

CEQA Review: Click or tap here to enter text.

Attachments:

Attachment A: Summary of proposed Capital Projects by Fund Attachment B: Directory of Map Points and Maps
City of Visalia Page 8 of 8 Printed on 2/22/2022
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Attachment A: Summary of Proposed Capital Projects by Fund 1 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 Beginning Cash Balance 965,300 1,072,700 1,182,300 1,294,100 1,408,200 (112,900) Impact Fees and Interest Earnings 109,700 111,900 114,100 116,400 118,700 121,100 Allocations (2,300) (2,300) (2,300) (2,300) (2,300) (2,300) Capital Improvements 0 0 0 0 (1,637,500) 0 Total Resources Available for Future Projects 1,072,700 1,182,300 1,294,100 1,408,200 (112,900) 5,900 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 1 Corp Yard New Site Development: Improvements to the
property acquired from SCE at NW corner of the CY.

Cash Balance Summary
16 Attachment A: Summary of Proposed Capital Projects by Fund 2 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 Beginning Cash Balance 4,916,400 5,465,900 3,240,900 1,551,300 22,600 489,200 Sanitary Sewer and Trunk Line Connection Fees 802,500 818,600 835,000 851,700 868,700 886,100 Sewer Master Plan Fees 605,400 617,500 629,900 642,500 655,400 668,500 Interest Earnings 27,200 16,100 7,700 100 2,400 1,900 Operating Expenditures (staff costs, allocations, etc.) (41,400) (41,400) (42,200) (43,000) (43,900) (44,800) Capital Improvements (844,200) (3,635,800) (3,120,000) (2,980,000) (1,016,000) (1,624,700) Total Resources Available for Future Projects 5,465,900 3,240,900 1,551,300 22,600 489,200 376,200 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 1 American Street Trunk Extension: Project consists of 5,200 feet of 30-inch diameter pipeline in American Street (Road 76). The project extends from Riggin Ave. to Ave. 320 and will serve the industrial zoned area of the City. This trunk is needed to serve emerging industrial development between Riggin Avenue and Avenue 320; areas within the Industrial Land Use Zone and Tiers 1 and 3 Urban Development
Boundary Areas. The line will terminate at Ave 320
(boundary of the sphere of influence) and have the
capability to serve future industrial within the City's planning Area. Katherine Woodhull- Fuget PWCP91 - - A1 714,200 3,120,800 2 Sanitary Sewer Developer Reimbursement: Reimburse developers for sanitary sewer- additional costs incurred when constructing the required sanitary sewer with
development. The additional cost is the difference between the "development requirement" and the requirement to
accommodate for future development in the area. To
implement Sewer Line Master Plan. Paul Bernal CP9318 - - N/A 110,000 110,000 110,000 110,000 110,000 110,000 3 Sewer Line Preliminary Engineering: Preliminary engineering and design work necessary to provide
developers and engineers with adequate information to
construct master planned sewer lines with proposed
development projects. Implement Sewer Line Master Plan. Frank Senteno CP9234 - - N/A 20,000 20,000 20,000 20,000 20,000 20,000 Wastewater Trunkline - 231 (2490)
2022/23 - 2027/28 Capital Improvement Program
This fund's revenues are derived from Sanitary Sewer and Trunk Line Connection Fees. Funds are to be used only for new sanitary sewer trunk line construction, and not for operation and maintenance. This fund also receives a portion of the monthly storm sewer users fees, sharing $.84 of the $2.59 monthly storm sewer fee with the Storm Sewer Construction fund (221).

Cash Balance Summary
17 Attachment A: Summary of Proposed Capital Projects by Fund 3 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 4 Shirk St. Sanitary Sewer Trunkline - Walnut to Noble: This project is to install a 48" sanitary sewer trunk line in Shirk Street between Walnut Avenue and Noble Avenue. This will connect the existing sewer trunkline within Shirk Street south of Hwy-198 to the existing sewer trunkline in Walnut Avenue. Project will remove the existing 6" sewer force main and the associated lift station located at Shirk Street and Noble Avenue. The replacement of the line is identified in the City's Sewer Master Plan and will provide the
necessary wastewater conveyance capacity to
accommodate future development growth. Eric Bons PWCP24 - - C2 385,000 2,990,000 2,850,000 5 Visalia Parkway Trunkline - Santa Fe to Lovers Lane:

Construct a new 30" sanitary sewer trunkline along the
Visalia Parkway (Ave. 276) alignment between Santa Fe
Street and Lovers Lane. Right of Way will need to be
acquired. Project will include new trunkline at a depth of approximately 17-feet, new 60" manholes, clearing &
grubbing, demolition, sheet & shoring, and some bores
under existing creeks and ditches. FY 26/27-28/29, Design & RW $3.12M. FY 29/30-30/31, Construction $5.26M.

Trunkline will serve parcels in Tier 3. Rebecca Keenan PWCP88 - - D2 886,000 1,118,700 6 Storm Drain and Sewer Master Plan Update: Update the Storm and Sanitary Sewer Master Plans. Facility Master
Plans should be updated every 5 years to incorporate any changes in infrastructure, land use, and environmental
conditions. Includes new nexus study for storm and sanitary sewer impact and utility fee updates and CEQA review.

Current update to the facility master plan to be implemented in 22/23, updating the storm and sewer master plans since 1994. Multi-funded project total of $940k from $564k Storm Sewer Construction (221), and $376k Wastewater Trunkline (231). Katherine Woodhull - Fuget PWCP76 - - N/A 376,000 844,200 3,635,800 3,120,000 2,980,000 1,016,000 1,624,700 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
Wastewater Trunkline - 231 (2490) - Continued
2022/23 - 2027/28 Capital Improvement Program
18 Attachment A: Summary of Proposed Capital Projects by Fund 4 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 Beginning Cash Balance 57,506,100 28,044,100 23,545,000 12,947,800 5,898,700 3,214,800 Depreciation Set Aside for Capital 5,485,300 5,485,900 5,595,600 5,707,500 5,821,700 5,938,100 Debt Service Payment (4,365,200) (4,365,200) (4,365,200) (4,365,200) (4,365,200) (4,365,200) Capital Improvements (5,582,100) (5,119,800) (11,327,600) (7,891,400) (3,640,400) (3,920,400) Total Resources Available for Future Projects 53,044,100 24,045,000 13,447,800 6,398,700 3,714,800 867,300 Reserve for Regional Water Quality Control Board Requirements/Debt Prepayment* (25,000,000) Reserve for Repair and Replacement of Major WRF Components & Wastewater Fund Assets* (500,000) (500,000) (500,000) (500,000) (500,000) Ending Cash available for Capital Projects 28,044,100 23,545,000 12,947,800 5,898,700 3,214,800 367,300 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 Mission Linen Soil Remediation: Fund City's obligated portion of remediation in the general area along Mineral King between Tipton and Santa Fe Streets, and Santa Fe
Street and Tipton Street north of Mineral King. Provides reimbursement of activities associated with soil remediation implementation. Apex Companies, LLC. and Environmental Risk Solutions, Inc. are contracted by
Mission Linen in compliance with the Imminent and
Substantial Endangerment Order as the first step in the contamination cleanup. Additional funds are required for installation and operation of the Soil Vapor Extraction (SVE) Interim Remedial Measure (IRM). Includes prior year funds of $250K from WWTP (431). Katherine Woodhull - Fuget CP0477 - - D3 857,900 365,900 Additional Information: The Wastewater Fund completed an upgrade of the Wastewater Reclamation Facility (WRF) in 2018. This project brought the WRF into compliance with discharge permit requirements from the Regional Water Quality Control Board.
* The reserve amounts in this fund will be set aside to fund any future Regional Water Quality Control Board requirements and for the timely repair and replacement of Wastewater Assets and WRF Plant major components. The Wastewater Fund is responsible for the maintenance and replacement of over $225 million in capital assets, concentrated mainly at the WRF where machinery components can cost several million dollars to repair or replace. If not needed for these purposes, the available cash in this fund may be used for the early retirement of the Clean Water State Revolving (CWSR) Fund debt which funded the WRF upgrade, at the discretion of the City Council. The CWSR fund debt will have a principle balance of $86,775,000 at the end of Fiscal Year 2021/22.

Wastewater - 431 (4330)
2022/23 - 2027/28 Capital Improvement Program
This fund is derived from Sanitary Sewer user fees and rates. Funds are to be used only for operations, maintenance, and improvements, including vehicle and equipment acquisitions related to collection and disposal of wastewater.

Cash Balance Summary
19 Attachment A: Summary of Proposed Capital Projects by Fund 5 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2 Upgrade Water Recycling Facility Receiving Gates: Install gate opener and card reader on Septic Receiving Station gate where local Septage Haulers dispose of collected
material. The gate is currently manually opened at 8am and closed at 4pm by staff on a daily basis. This upgrade would fully automate the system providing additional security, accurate tracking, and convenience at the WRF, as well as allowing septic haulers to dump after staff has left the site.

Extending the hours for dumping delivers convenience to our septic customers as well as additional revenue to offset septic treatment. Brad Crim PWCP86 $ C3 200,000
Headworks Feasibility Study: This study will hire a
professional consultant to evaluate the logisitics and
processes necessary to replace the headworks influent
gates. The scope of the study will extend to the collection box immediately before the headworks and the wet well
itself. The process to replace the two headworks influent gates is not an easy task. Each option staff has presented, have proveded their own set of obstacles. Professional
consultant services are necessary to develop a full scope of work based on the best available approach to the
replacement of the gates. Brad Crim PWCP86 - - N/A 100,000 4 Walnut Ave Communications Connectivity: Installation of conduit and fiber optic cable as an extension of the
Intelligent Transportation System (ITS) to provide a City owned fiber optic connection to the Water Reclamation
Facility (WRF). Provides connection between existing fiber optic communication infrastructure at the intersection of Akers St and Walnut Ave and the intersection of Walnut Ave and Plaza Dr; and bridges the communication gap in Walnut Avenue from Akers Street to Plaza Drive. Multi-funded project total of $1.38m from $530k WWTP (431), $350k Info Services (511), and $500k Measure R Local (131). Eric Bons PWCP61 - - C4 180,000 350,000 Headworks Influent Gates: Following the feasibility study, the headworks influent gates will need to be replaced
and/or the structure repaired. The two headworks influent gates are detached from the concrete, leaving large
amounts of water flowing passed the gates even when they are closed. Based on estimates and best industry practices, it is believed that a very large pump-around will be needed to re-route the raw sewage flowing through the gates in order to make the necessary repairs. The rental of
equipment and hiring of additional staff continuously during the project make up the bulk of the costs budgeted. Brad Crim PWCP87 N C3 3,000,000 Wastewater - 431 (4330) - Continued
2022/23 - 2027/28 Capital Improvement Program
20 Attachment A: Summary of Proposed Capital Projects by Fund 6 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 Projects for Construction and Maintenance of Sewer Lines throughout the City: 6 Replace and Relocate Sanitary Sewer Mains: Replace mains shown to be deteriorating throughout the City and relocate sanitary sewer mains as necessary to
accommodate development of property formerly used as
streets or alleys. Prevents sewer failure which can cause overflows and service disruptions. This project will also include acquiring consultant services to help develop a formalized Sewer Repair Maintenance Plan.

Cody
McLaughlin CP9456 - - N/A 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 7 State Route (SR) 99 Steel Casing: Jack and bore a 72" steel casing underneath SR-99 near avenue 280. This steel casing will be in place for future installation of utility lines.

The steel casing will allow for future installation of utility lines such as sanitary sewer and purple pipe (reclaimed water). The future utility lines will assist with maintaining utility capacity and needs as the city approaches full urban growth and planning area build out.

Cody
McLaughlin PWCP38 - - C5 334,000 334,000 4,085,000 4,083,000 8 Sanitary Lift Station Rehab: Replaces sanitary lift station piping, valves, pump bases, entry hatches concrete surface rehabilitation and coatings for sanitary and storm lift stations. 12 of 13 stations have been rehabilitated. The final one, located at Mooney @ Ave. 272, is old and outdated making maintenance difficult. This station will also be fitted with a larger entry hatch, discharge pipes, stainless steel railing, pump and pump saddles bringing this final sanitary lift station up to date with the all the others. After completion of the 13th station, this annual project will begin the cycle again. Rick Paradez CP8266 - - C6 300,000 100,000 100,000 100,000 100,000 100,000 9 Airport Sanitary Lift Station Rehabilitation: The rehab will remove and replace the discharge pipes from the wall of the lift station to the discharge manifold, and install a flow meter. During the original rehab, the discharge pipes were not replaced and are now showing signs of erosion. Rick Paradez PWCP34 - - C1 300,000 10 Sanitary Pump Replacement: Project will replace or repair the sanitary sewer lift station pumps when they fail or have reached their 10-12 year life expectancy. The cost of a new pump ranges from $10k to $50k, depending on the size.

Pump sizes range from 3hp to 25hp based on the size of
the lift station. These pumps can also be rehabilitated and returned to stock if it proves to be more cost-effective. Rick Paradez CP0324 - - N/A 150,000 150,000 150,000 150,000 150,000 150,000 Wastewater - 431 (4330) - Continued
2022/23 - 2027/28 Capital Improvement Program
21 Attachment A: Summary of Proposed Capital Projects by Fund 7 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 11 Lift Station Connectivity Feasibility Study: This project will hire a consultant to evaluate the connectivity of the existing sanitary sewer and storm drain lift stations Citywide to the City's fiber optic communication system. The consultant will also prepare preliminary plans and construction cost
estimate for the proposed connectivity. The existing
connectivity between the Wastewater Treatment Plant and the sanitary sewer and storm drain lift stations is aging and some of the equipment is no longer available. Eric Bons PWCP37 - - N/A 120,000 12 Annexed Island Sanitary Sewer Install: Install sanitary sewers in county islands annexed into the City to provide sewer service to new areas. The residents who choose to connect to the sewers pay connection fees that are used to reimburse the construction cost. Remaining area for this project is Areas 6 (Irma & Houston).

Cody
McLaughlin CP9457 $ N/A 96,000 632,500 13 Sewer Lateral Connections/Replacements/Installations:

Staff administration to provide customer requested hookups to the sanitary sewer, including lateral replacements.

Contract costs are reimbursed by the property owner,
typically through 10 year payment agreements collected
through Property Tax payments. This project allows
connections and repairs to private sewer laterals for
property owners unable to afford the high cost of sewer lateral improvements. Frank Senteno CP9228 - - N/A 50,000 50,000 50,000 50,000 50,000 50,000 14 Sanitary Sewer Maintenance Access Point Repairs Citywide:

Repair and raise access points throughout the city's
sanitary sewer system. Funding will allow replacement of one brick and mortar sewer access point per year, as well as the purchase of frames, risers, and lids to repair
damaged access points. Rick Paredez PWCP90 - - N/A 25,000 25,000 25,000 25,000 25,000 25,000 15 Sanitary Lift Station Connectivity: Provide a City owned fiber optic connection to existing sanitary lift stations near airport terminal building and sanitary lift station at north side of golf course along south side of Hwy198 and extend signal
interconnect to Crowley Ave at Plaza Drive. Involves
utilization of existing communication conduit and installation of new conduit from Airport Administration Building to each of two sanitary lift stations. Equips each sanitary lift station for remote monitoring of sanitary flows. Contingent upon receiving state/federal grant funds. Multi-funded total of $1.6m from $430k WWTP (431) and $1.2m Fed/State Grant
(281). Eric Bons PWCP62 - - C7 190,000 240,000
Wastewater - 431 (4330) - Continued
2022/23 - 2027/28 Capital Improvement Program
22 Attachment A: Summary of Proposed Capital Projects by Fund 8 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 Projects for Routine Maintenance and Parts to keep the Wastewater Reclamation Facility (WRF) operating efficiently: 16 Digester Cleaning & Equipment Repairs: Digester units need to be cleaned of accumulated grit, rags and plastics.

Related pumps, valves and digester gas equipment need to be repaired or replaced. The actual cleaning of the digester contents begins in the FY22/23 (#1-4) and concludes in
FY23/24 (#5-7), each with a cycle of 7 years. Digester units must be kept in top working condition in order to
decompose organic solids to produce digester gas, and
ensure the biosolids meet Federal and State requirements.

The cost to clean & repair each digester is based on size (#1-4 are smaller compared to #5-7) Brad Crim CP9768 - - C3 284,000 247,000 17 Digester Gas Cleaning: Replacement & removal of media in the H2S and siloxane vessels. The siloxane vessels (4) are cleaned annually and H2S vessels (2) bi-annually.

Purchase of Sulfatreat Media. This cleaning will make sure that the digester gas meets the purity level that is specified by the Cummins engine manufacturer to protect and
prolong the life of the co-gen engine, and ensure the
digester gas H2S limits set in the Air Board permit are met.

The media must be replaced to protect the cogeneration
unit and keep it within Air Board compliance standards. Brad Crim CP0440 - - C3 265,000 265,000 265,000 265,000 265,000 265,000 18 Activated Sludge Overhaul: Replacement or rebuilding of mixers, pumps, air piping , membranes and related air
transfer equipment. This overhaul will protect the plant investment and ensure that the activated sludge process removes the organic and nitrogen removal prior to the
membrane tanks so permit limits are met. Annual funding covers the cost of one rebuild. In addition, the manufacturer requires, at minimum, (4) tanks to be inspected annually, and rebuilt every 3-5 years. Brad Crim CP0439 - - C3 200,000 200,000 200,000 200,000 200,000 200,000 19 Cummins Engine Rebuild: Since engine and generator have not been in use for the past 5 years due to air board regulations, an intermediate overhaul is required to bring the engine online and guarantee proper function and output.

The biennial budget schedule is for a top end overhaul, followed by an intermediate overhaul per manufacturers
recommendations based on predicted hours of use.

Cummins engine must be kept in top running condition to meet San Joaquin Valley Air Pollution Control District permit requirements and reduce the amount of electrical load the treatment facility purchases. Brad Crim CP0323 - - C3 160,000 80,000 160,000 Wastewater - 431 (4330) - Continued
2022/23 - 2027/28 Capital Improvement Program
23 Attachment A: Summary of Proposed Capital Projects by Fund 9 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 20 WRF Groundwater Monitoring: Construction of (6)
Groundwater Monitoring Wells surrounding the WRF and
decommissioning of (6) dry Groundwater Monitoring Wells.

The WRF is required to replace any Groundwater Monitoring Well after it has been deemed dry more than (4) consecutive semi-annual testing cycles. Of the total 18 monitoring wells, six have been dry during the last two consecutive semiannual tests. This is a mandatory requirement by the Water Board to ensure WWTP activities are not effecting the
ground water in any detrimental way. Brad Crim CP0438 - - C3 160,000 21 Influent Plump Rebuild: Complete rebuild of two (2) Influent pumps and motors. Upkeep in plant investment. Two to
three influent pumps run 24 hours 7 days a week and are the only source that pumps the wastewater that enters the plant to the treatment processes to clean the water.

Currently there are six influent pumps, and one to two pump units are rebuilt annually. The cost to replace the influents pumps is double the cost and is followed by long delivery times. Staff recommends the influent pumps be rebuilt. Brad Crim CP8369 - - C3 130,900 130,900 130,900 130,900 130,900 130,900 22 Lab A/C Replacement: The Lab A/C unit is 20+ years old and needs to be replaced based on the recommendations
from the Facilities division manager. Since the unit is significantly more complicated than a standard AC system, there will be some redesign work involved with the project. Brad Crim PWCP31 - - C3 125,000 23 UV Disinfection Overhaul: Replacement of ultra-violet (UV) disinfection bulbs, quartz sleeves, wipers and electrical parts. Typically around 550 of the 864 bulbs are replaced throughout the year. This overhaul will maintain the
operating condition of the UV equipment to ensure that the required permit UV Dose is maintained 24 hours, 7 days a week. To ensure that the disinfection of the final effluent meets the required permit limits and that the UV Process is in compliance with the UV Operation Plan approved by the Division of Drinking Water. Brad Crim CP0441 - - C3 120,000 120,000 120,000 120,000 120,000 120,000 24 Primary Clarifier Overhaul: Replace wear shoes, wear strips, chains, sprockets, and flights in each of the 5 primary tanks. One tank is replaced each year. This equipment must be kept in top running condition in order to remove solids and scum from the treatment system. Upkeep in plant
investment Brad Crim CP9362 - - C3 15,000 15,000 15,000 15,000 15,000 15,000 Wastewater - 431 (4330) - Continued
2022/23 - 2027/28 Capital Improvement Program
24 Attachment A: Summary of Proposed Capital Projects by Fund 10 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 25 Rebuild Sludge Solids Grinders: The WWTP has 7 sludge grinders in operation with a life expectancy of approx. 3 years. Budget allows for two sludge solids grinders to be rebuilt annually. The grinders reduce the larger objects in the sludge to smaller objects to reduce plugging of pumps, lines and digesters. The sludge grinders also make the
biosolids more marketable to ensure that the digesters are in top working condition, allowing the organic solids to decompose in order to produce digester gas. This process ensures the biosolids meet Federal and State requirements. Staff intends to replace grinders, as needed. Brad Crim CP0322 - - C3 14,500 14,500 14,500 14,500 14,500 14,500 26 Membrane Replacement: Replace membrane curtains per manufacturers recommendation (every 8-10 years). One (1) train of curtains to be replaced per year for 9 years to keep the plant running at optimum efficiency. The wear from the wastewater treatment process slowly damages the
membrane filters which will need to be replaced,
periodically. The lifetime varies as different processes cause different stress and ware on the membranes. To prevent violation or emergency replacement, 9 of the 10 trains will be replaced and once the 10th train fails an accurate projection of ware from our processes can be
made. Brad Crim PWCP30 - - C3 750,000 750,000 750,000 750,000 750,000 27 RAS Pump/Motor Rebuild: Complete rebuild of one Return Activated Sludge (RAS) pump and motor annually until all (3) are rebuilt. There are 3 RAS pumps at the RAS Structure.

One pump runs 24 hours, 7 days a week and a second
pump runs 12-15 hours, 7 days a week. The pumps were
placed in service in 2016. Each pump has a life expectancy of approx. 35 years and can be rebuilt every 8-9 years before replacement is necessary (approx. 3x). The RAS pumps are a critical component for the proper operation of the
membrane bio-reactor (MBR) system. Brad Crim PWCP32 - - C3 20,000 20,000 20,000 28 Interstage Pump/Motor Rebuild: Complete rebuild of one
Interstage pump and motor annually until all (3) are rebuilt.

There are 3 interstage pumps at the Interstage Pump
Structure. One pump runs 24 hours, 7 days a week and a
second pump will run when high influent flows occur. The pumps were placed in service in 2016. Each pump has a
life expectancy of approx. 35 years and can be rebuilt every 8- 9 years before replacement is necessary (approx. 3x). The pumps are critical to ensure flows proceed through the
plant. Brad Crim PWCP33 - - C3 20,000 20,000 20,000
Wastewater - 431 (4330) - Continued
2022/23 - 2027/28 Capital Improvement Program
25 Attachment A: Summary of Proposed Capital Projects by Fund 11 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 29 Nueros Blower Shelf Spare: There are a total of four scour blowers for the membrane bio-reactor (MBR) system. One
blower runs continuously, with additional blowers coming online as needed to meet demand. The blower cores have an expected lifecycle of 40,000 hours (approximately 5 years if running continuously). Obtaining a replacement blower core is a lengthy process, so a shelf spare will allow the blower to be quickly repaired and placed back in service if broken or damaged. Brad Crim PWEQ35 - - N/A 100,000 100,000 30 Aerzen Blower Shelf Spare: There are five aeration blowers, and each blower core has an expected life cycle of 40,000 hour run time (about 5 years if running constantly.) Two blowers usually run continuously, with additional units coming online to meet periods of high demand. Blowers
are rotated periodically. Obtaining a replacement blower is a lengthy process, so a shelf spare will allow the blower to be replaced and back in service in a timely manner. Brad Crim PWEQ36 - - N/A 50,000 60,000 Projects for Vehicle and Equipment replacements or additions: 31 Replace (5) Portable Pump Trailers: These pump trailers are utilized citywide during severe storm events to prevent sewer overflows and localized flooding. The current pumps no longer meet CARB compliance standards and need to
be replaced. Multi-funded in the amount of $250k funded from $187k WWTP (431) and $63k Storm Sewer Maint
(481). 24/25 Replacements will be evaluated when the
units may no longer be used according to CARB
requirements.

Budget Year / Unit / Age / Miles or Hours 2022-23 / TP-65 / 20 / 801 2022-23 / TP-64 / 17 / 264
2024-25 / TP-63 / 14 / 44
2024-25 / TP-62 / 14 / 82
2024-25 / TP-61 / 14 / 28 Rick Paredez PWVH63 - - N/A 74,800 112,200 Wastewater - 431 (4330) - Continued
2022/23 - 2027/28 Capital Improvement Program
26 Attachment A: Summary of Proposed Capital Projects by Fund 12 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 32 Replace (1) 1-ton 4x4 pickup with a 1-3/4 ton Utility Bed pickup to be equipped with a crane, welder, compressor
and tools. Upgrade will enable Collections crew to utilize the crane to pull storm & sanitary lift station pumps, and
perform required maintenance or repairs in the field in a more cost-effective and efficient manner. Pumps are
currently pulled and reseated by an outside contractor for up to $5000 each time. Multi-funded project total of $180k from $144K WWTP (431) and $36k Storm Sewer Maint (481).

Budget Year / Unit / Year / Miles
2023-24 / 318218 / 2013 / 84,036 Rick Paredez PWVH65 - - N/A 144,000 33 Replace (1) 1-ton 4x4 pickup: Vehicle is used to check ditches and ponding basins, pull equipment to job sites, and hold tools needed to repair sanitary and storm lift stations. Multi-funded in the amount of $80k funded from $64k WWTP (431) and $16k Storm Sewer Maint (481)
Budget Year / Unit / Year / Miles
2023-24 / 318219 / 2013 / 85,357 Rick Paredez PWVH64 - - N/A 64,000 34 Replace Vac-Con: This vehicle equipment is used to clean sanitary sewer and storm mains, preventing them from
becoming plugged which can cause property damage and health risks. Budget Year / Unit / Year / Miles 2024-25 / 318921/ 2013 / 93,573 Rick Paredez PWVH68 - - N/A 600,000 5,582,100 5,119,800 11,327,600 7,891,400 3,640,400 3,920,400 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

The building has dropped approximately 9 inches in the last several years and continues to settle. Estimates for proper repairs of the building have proven to be too costly. Nick Mascia PWCP40 - - B5 262,000 2 Corp Yard New Site Development: Improvements to the property acquired from SCE at NW corner of the CY.

Includes grading, NPDES permit requirements, paving,
striping, utilities and lighting. Requires demolition of the existing Streets Building, which includes relocation of utilities, removing the building and foundation, soil import, grading, and compaction. Improvements to the existing
storm drainage system at the CY to provide grease &
sediment treatment. Provides compliance with CA's
requirement to control site storm drainage; and improve mobility of vehicular and pedestrian traffic. Multi-funded in the amount of $4.8m funded from $1.6m CY Impact Fee
(103), $3m Solid Waste (441), and $98k Storm Sewer Maint (481) Nick Mascia CP0047 $ B4 3,065,500
Additional Information: All new growth vehicles and equipment included in capital appropriations are dependant upon actual need in response to growth in Solid Waste customer accounts. These items are included in this document for planning purposes and no expenditures will be made until the need is present. All newly purchased Solid Waste Trucks will use Compressed Natural Gas (CNG). *Reserve for Capital Replacement: The Solid Waste Fund is responsible for the maintenance and replacement of over $28 million in capital assets, most of which are vehicles with limited useful lives. This fund must maintain capital reserves to ensure the timely replacement of the Solid Waste Fleet.

Solid Waste - 441 (4410)
2022/23 - 2027/28 Capital Improvement Program
This fund is derived from refuse collection fees. Cash for capital replacements has been set aside for improvements and vehicle and equipment acquisitions related to collection and disposal of solid waste.

Depreciation will continue to be used for capital replacements.

Cash Balance Summary
Reserve for Capital Replacement (Solid Waste Trucks)*
Ending Cash available for Capital Projects
28 Attachment A: Summary of Proposed Capital Projects by Fund 14 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 3 Solid Waste Yard Bin Storage Bin Paving: Pave an existing area used to store large roll off trash bins. Location is west of the solid waste building between the SW parking and
CNG fueling station. This project reduces sediment draining into the storm sewer system and provides a clean storage area for trash bins. Nick Mascia PWCP41 - - B4 38,000 496,000 Other Solid Waste Capital Projects: 4 Transit CNG Station Study and Upgrade: Conduct study to determine the City's long-term demand for CNG and make
recommendations for possible station upgrades. Station is currently exceeding it's intended usage capacity by 30%. 2022-23 funds are for the initial study. Planned funding in years 2024-2026 estimates the cost of expansion, if recommended. FTA funds are available and staff will seek any available competitive grants, but project will move forward regardless of susequent awards. Multi-funded
study costing $100k will be from $70k Tranist LTF (452) and $30k Solid Waste (441). Construction cost of $2.4m, if
recommended, would be funded with $1.7m from FTA 5337
and Solid Waste $660k (441).

Angelina
Soper ADCP03 - - B1 30,000 360,000 300,000 5 Dump On Us: Annual funding to hold six "Dump on Us" events each year. Events allow residents to haul their trash to the City Corporation Yard where the City disposes of it for them at no cost to residents. These events are highly
successful and provide an opportunity for residents to
dispose of their unwanted items instead of dumping
illegally or storing trash on their property. The largest cost factor is personnel with about 40 employees, each working about 8 hours per event at overtime rates. An average of about 600 vehicles are serviced at each event. Jason Serpa CP9459 - - N/A 210,000 214,500 219,200 224,000 239,000 244,000 6 Right of Way Cleanup: Annual funding for scheduled and unscheduled trash collection, alley cleanups performed by contractors, and the cleanup of illegal dumping citywide.

Costs are primarily for contractor and tipping fees. City equipment and personnel may be used on occasion. Jason Serpa CP8159 - - N/A 75,000 75,000 75,000 75,000 75,000 75,000 Solid Waste - 441 (4410) - Continued
2022/23 - 2027/28 Capital Improvement Program
29 Attachment A: Summary of Proposed Capital Projects by Fund 15 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 7 Update Improvement Standards: Update the City's
Engineering Improvement Standards and Specifications
and Landscaping Improvement Standards and
Specifications for optimization. Develop Visalia-specific green infrastructure, bicycle, and trail improvement
standards and specifications for inclusion in the updated City Improvement Standards and City Improvement
Specifications. Includes review and updated of existing City standards and specifications, and development of standard details for infiltration and treatment control Best Management Practices (BMPs). Includes update to Solid Waste standards in compliance with CalRecycle
requirements. Multi-funded project total of $97.5k from $28k from General Fund prior year funds (001), $39.5k Measure R Local (131) and $30k Solid Waste (441). Katherine Woodhull- Fuget CP0472 - - N/A 30,000 Vehicle Replacements and Equipment Purchases
8 Residential Container Purchases: There are currently
125,000 residential carts in service. Due to the unknown current life cycle of these carts, staff will replace them as needed, estimated at 3% per year. Additional carts will also be purchased due to growth at a rate of 2% per year. This average is approx. 6,250 carts purchased annually. Jason Serpa EQ0012 - - N/A 440,000 450,000 460,000 470,000 475,000 475,000 9 Commercial Bin Purchases: Bins are purchased to replace those that are damaged beyond repair, provide on-hand
bins for new accounts, and allow for citywide growth. These bins have an expected service life of about 15 years. There are 6,000 bins estimated to be in service, currently. Staff will replace these 6,000 bins over the next 15 years. Additional bins will be purchased at a rate of 2% to replenish on-hand bins and allow for growth. This average is approx. 520 carts purchased annually. Jason Serpa EQ0013 - - N/A 328,000 330,000 331,000 333,000 350,000 350,000 10 Roll Off Box Purchases: Roll Off Boxes are purchased to replace those that are damaged beyond repair, provide onhand bins for new accounts, and allow for citywide growth.

These boxes have an expected service life of about 15
years. There are 100 boxes estimated to be in service,
currently, with very few serviceable boxes on-hand to satisfy new accounts. Recent City industrial growth requires the immediate purchase of approximately 20 boxes. Additional boxes will be purchased at a rate of 2% to allow for growth and replenish those on-hand boxes. This average is
approx. 8-10 boxes purchased annually. Jason Serpa EQ0165 - - N/A 75,000 75,000 75,000 75,000 80,000 85,000 Solid Waste - 441 (4410) - Continued
2022/23 - 2027/28 Capital Improvement Program
30 Attachment A: Summary of Proposed Capital Projects by Fund 16 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 11 Replace (5) Residential Side Load Trucks that have reached the end of their useful lives: Budget Year / Unit / Year / Miles 2023-24 / 253587 / 2013 / 100,466
2023-24 / 253588 / 2013 / 111,403
2023-24 / 253589 / 2013 / 103,486
2023-24 / 253590 / 2013 / 98,601
2023-24 / 253591 / 2013 / 92,715
Jason Serpa PWVH42 - - N/A 1,907,500 12 Replace (5) Residential Side Load Truck that have reached the end of their useful lives: Budget Year / Unit / Year 2024-25 / 253592 / 2015 2024-25 / 253593 / 2015
2024-25 / 253594 / 2015
2024-25 / 253595 / 2015
2024-25 / 253596 / 2015
Jason Serpa PWVH43 - - N/A 1,907,500 13 Replace (6) Commercial Front Load Truck that have reached the end of their useful lives: Budget Year / Unit / Year 2025-26 / 255517 / 2015 2025-26 / 255518 / 2015
2025-26 / 255519 / 2015
2025-26 / 255520 / 2015
2025-26 / 255521 / 2015
2025-26 / 255522 / 2015
Jason Serpa PWVH44 - - N/A 1,798,500 14 Replace Ford F-550 XL Super Duty Truck Budget Year / Unit / Year 2025-26 / 255907 / 2012 Jason Serpa PWVH48 - - N/A 87,200 15 Replace Ford F-550 XL Super Duty Truck Budget Year / Unit / Year 2027-28 / 255906 / 2008 Jason Serpa PWVH49 - - N/A 87,200 2022/23 - 2027/28 Capital Improvement Program
Solid Waste - 441 (4410) - Continued
31 Attachment A: Summary of Proposed Capital Projects by Fund 17 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 Growth Vehicles - Additions to the Fleet 16 Residential Side Load Truck (Growth): Purchase one side loader solid waste truck, as needed, for growth. Residential growth needs are based on 1,280 additional accounts. This growth target is achieved every two years. New growth
vehicles are typically accompanied by the additional of Solid Waste staff and will only be purchased when new positions are approved. Jason Serpa PWVH45 $$$ N/A 381,500 400,600 420,600 17 Commercial Front Load Truck (Growth): Purchase one front loader solid waste truck, as needed, for growth.

Commercial growth needs are based on 120 additional
accounts. This growth target is achieved every two years.

New growth vehicles are typically accompanied by the
additional of Solid Waste staff and will only be purchased when new positions are approved. Jason Serpa PWVH46 $$$ N/A 299,800 314,800 330,500 18 Commercial Roll Off Truck (Growth): Purchase one roll off solid waste truck, as needed, for growth. Commercial Roll Off growth needs are based on 40 additional accounts.

This growth target is achieved every two years. New growth vehicles are typically accompanied by the additional of Solid Waste staff and will only be purchased when new positions are approved. Jason Serpa PWVH47 $$$ N/A 201,700 211,800 222,400 1,188,000 4,197,000 3,427,700 4,289,900 4,322,500 2,785,700 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

Wyndi
Ferguson PWCP55 - - N/A 50,000 2 Replace Brake Lathe that has reached the end of its useful life. Parts for the current brake lathe are no longer available for repairs.

Budget Year / Age
2022-23 / 15 Mike Morgantini PWEQ52 - - N/A 20,000 3 Upgrade Fuel Management Phase 1: Upgrade fuel management system and equipment, and link three City of Visalia fueling operations into one central location (Corp yard, Police/Fire 51, WWTP). The new software will provide a complete fuel accounting, instant reconciliation across multiple sites, and real-time fuel data access for monitoring and reporting instantly. The equipment will upgrade to a keyless tracking system with vehicle sensors. The old
software is a very out dated and parts are becoming very hard to locate. These three locations, at minimum need to be upgraded.

Wyndi
Ferguson PWCP56 - - N/A 200,000
Fleet Maintenance - 501 (5010)
2022/23 - 2027/28 Capital Improvement Program
This fund is made available from City Departments, on a cost reimbursement basis, for internal services provided for the operation and maintenance of City owned vehicles.

Cash Balance Summary
33 Attachment A: Summary of Proposed Capital Projects by Fund 19 34
Attachment B: Directory of Map Points and Maps
1 35
Attachment B: Directory of Map Points and Maps
2 36
Attachment B: Directory of Map Points and Maps
3 37
Attachment B: Directory of Map Points and Maps
4 38
Attachment B: Directory of Map Points and Maps
5 39
Capital Budget 2022-2028
40 Proposed CIP Adoption Process
•No Action required tonight
• Review at (6) February-March
meetings
• Staff Available for questions
• Bring back if necessary
• Final Adoption of All Funds in June
41 Budget Structure
• Cash Balance Summary
• Project Descriptions
• Map References
• 6 Year Plan
• 2-year Proposed Budget
• 4-year Planning Purposes
42 Funds for review tonight
Fund Name Fund #
Proposed
2022-23
Proposed
2023-24
Corporation Yard Impact Fee 103 - - $
Wastewater Trunkline 231 844,200 3,635,800 Wastewater 431 5,582,100 $ 5,119,800 Solid Waste 441 1,188,000 4,197,000
Fleet Maintenance 501 70,000 422,000 Total Projects $ 7,684,300 $ 13,374,600 43 # Project Description
Proposed
2022-23
Proposed
2023-24
1 American Street Trunk Extension $ 3,120,800 714,200 $ 2 Sanitary Sewer Developer Reimbursement 110,000 110,000 3 Sewer Line Preliminary Engineering 20,000 20,000 4 Shirk Street Sanitary Sewer Trunkline -
Walnut to Noble 385,000
Total Expenses $ 844,200 $ 3,635,800
Wastewater Trunk Line Construction Fund - 231 (2490)
44 # Project Description
Proposed
2022-23
Proposed
2023-24
1 Mission Linen Soil Remediation $ 365,900 857,900 $
2 Upgrade Water Recycling Facility Receiving Gates 200,000 3 Headworks Feasibility Study 100,000
4 Walnut Ave Communications Connectivity 180,000
Projects for Construction and Maintenance of Sewer Lines throughout the City:
6 Replace and Relocate Sanitary Sewer Mains 1,500,000 1,500,000 7 State Route (SR) 99 Steel Casing 334,000 334,000 8 Sanitary Lift Station Rehab 100,000 300,000 9 Airport Sanitary Lift Station Rehabilitation 300,000
10 Sanitary Pump Replacement 150,000 150,000 $
11 Lift Station Connectivity Feasibility Study $ 120,000 WASTEWATER FUND - 431 (4330)
45 # Project Description
Proposed
2022-23
Proposed
2023-24
Projects for Construction and Maintenance of Sewer Lines throughout the City: (continued) 12 Annexed Island Sanitary Sewer Install $ 632,500 96,000 $ 13 Sewer Lateral Connections / Replacements /
Installations 50,000 50,000 14
Sanitary Sewer Maintenance Access Point Repairs
Citywide 25,000 25,000 Projects for Routine Maintenance and Parts to keep the WRF operating efficiently:
16 Digester Cleaning & Equipment Repairs 247,000 284,000 17 Digester Gas Cleaning 265,000 265,000 18 Activated Sludge Overhaul 200,000 200,000
19 Cummins Engine Rebuild 160,000
20 WRF Groundwater Monitoring 160,000
21 Influent Plump Rebuild $ 130,900 130,900 $
WASTEWATER FUND - 431 (4330) - Continued
46 # Project Description
Proposed
2022-23
Proposed
2023-24
Projects for Routine Maintenance and Parts to keep the WRF operating efficiently: (Continued) 22 Lab A/C Replacement $ 125,000
23 UV Disinfection Overhaul 120,000 120,000 $
24 Primary Clarifier Overhaul 15,000 15,000 25 Rebuild Sludge Solids Grinders 14,500 14,500 26 Membrane Replacement 750,000
27 RAS Pump/Motor Rebuild 20,000
28 Interstage Pump/Motor Rebuild 20,000
Projects for Vehicle and Equipment replacements or additions:
31 Replace (5) Portable Pump Trailers 74,800
Total Expenses $ 5,582,100 $ 5,119,800
WASTEWATER FUND - 431 (4330) - Continued
47 # Project Description
Proposed
2022-23
Proposed
2023-24
Solid Waste Capital Projects for improvement of the Corporation Yard:
1 Solid Waste Cain Bldg Demo $ 262,000
Other Solid Waste Capital Projects:
4 Transit CNG Station Study and Upgrade $ 30,000
5 Dump On Us 214,500 210,000 6 Right of Way Cleanup 75,000 75,000 $ 7 Update Improvement Standards $ 30,000
SOLID WASTE FUND - 441 (4410)
48 # Project Description
Proposed
2022-23
Proposed
2023-24
Vehicle Replacements and Equipment Purchases
8 Residential Container Purchases
(Approx. 6,250 annually) $ 450,000 440,000 $
9 Commercial Bin Purchases (Approx. 520 annaully) 330,000 328,000 10 Roll Off Box Purchases (8-10 Annually) 75,000 75,000 11 Replace (5) Residential Side Load Trucks
9 years old, avg. miles = 101,300 1,907,500
Growth Vehicles - Additions to the Fleet
16 Residential Side Load Truck (Growth = 1,280 accounts) 381,500 17 Commercial Front Load Truck (Growth = 120 accounts) 299,800 18 Commercial Roll Off Truck (Growth = 40 accounts) 201,700 Total Expenses $ 1,188,000 $ 4,197,000
SOLID WASTE FUND - 441 (4410) - Continued
49 # Project Description
Proposed
2022-23
Proposed
2023-24
1 Fueling Feasibility Study $ 50,000
2 Replace Brake Lathe (15 Years old) 20,000
3 Upgrade Fuel Management $ 200,000
Total Expenses $ 70,000 $ 200,000
Fleet Maintenance - 501 (5010)
50 Staff will return
with any requested
information or
revisions at next
meeting,
February 28th
51 City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0043 Agenda Date: 2/22/2022 Agenda #: 2.

Agenda Item Wording:

Follow-Up Discussion and direction on recommended changes to Zoning Ordinance Chapter 17.56, Historic Preservation District Ordinance.

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

Walter Deissler, Chairperson, Historic Preservation Advisory Committee 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:

That the City Council receive the staff report and presentation on potential changes to Chapter 17.56 Historic Preservation District Ordinance as recommended by the Historic Preservation Advisory Committee and members of the Building Advisory Committee, and direct City staff to conduct public outreach to receive public comment, then begin processing a Zoning Text Amendment to implement the changes as identified in the staff report, incorporating comments and modifications from the City Council and members of the public.

Historic Preservation Advisory Committee and Historic Preservation District Ordinance:

Background and Duties
The Historic Preservation District Ordinance established the Historic Preservation Advisory Committee (HPAC). The HPAC was created to act as the City’s steward for historic preservation causes and protector of historic structures. Its duties include periodically updating the Local Register of Historic Structures, nominating properties to Local, State, and Federal Historic Registers, and reviewing building/planning actions related to historically designated structures.

Jurisdiction
The Historic Preservation District Ordinance created two areas of jurisdiction for which the HPAC has review authority. These two jurisdictional areas cover 763 properties within the City of Visalia and are noted as follows:

1. Historic District:

The Historic District consists of three areas containing large groupings of historically significant structures, often with similar architectural styles and elements. A total of 678 properties are located City of Visalia Page 1 of 8 Printed on 2/22/2022
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File #: 22-0043 Agenda Date: 2/22/2022 Agenda #: 2.
within the boundaries of the Historic District.

2. Local Register of Historic Structures:

Structures on the Local Register are given one of three classifications, based on factors such as historical importance, uniqueness of architecture, and quality of construction. The classifications are defined as follows:
· Exceptional: Properties with preeminent historical significance, considered for nomination to the National Register of Historic Places. There are 31 Exceptional properties on the Local Register.
· Focus: Properties having significant value, of good to excellent quality, considered for local recognition and protection. There are 160 "Focus properties on the Local Register. · Background: Properties that may not be historically significant or unique in their construction, but which contribute positively to the “visual fabric” of the City of Visalia. There are currently 195 Background structures on the Local Register.

The HPAC has review authority over projects conducted within the Historic District and/or on sites located outside the Historic District and listed as "Exceptional" or "Focus" on the Local Register. “Background” Local Register structures located outside the Historic District are not subject to HPAC review unless proposed for demolition.

Any decision of the HPAC can be appealed directly to the City Council. Additions to the Historic District or Local Register must be reviewed by the HPAC and Planning Commission, and ultimately approved by the City Council.

Background and Summary of October 4, 201 City Council-HPAC Work Session:

On February 16, 2021, staff presented the 2020 HPAC Annual Report to the Visalia City Council. At the conclusion of the Annual Report presentation, members of the City Council requested the Historic Preservation Advisory Committee (HPAC) provide recommendations for how to best revise the Visalia Municipal Code (VMC) Chapter 17.56 (Historic Preservation District Ordinance) to address the demolition of historic buildings. The request was reiterated at the March 1, 2021, City Council Committees/Commissions Work Session and Regular Meeting.

Following direction from the City Council, the HPAC developed several potential revisions to the Historic District Preservation Ordinance to address areas of deficiency. The HPAC’s recommended revisions are summarized below:

1. Local Register Structure and Demolition Review:
· Removal of language exempting “Background” Local Register structures located outside the Historic District from HPAC review;
· Addition of language that would allow the HPAC to deny a request for demolition for any City of Visalia Page 2 of 8 Printed on 2/22/2022
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File #: 22-0043 Agenda Date: 2/22/2022 Agenda #: 2.
· Addition of language that would allow the HPAC to deny a request for demolition for any property within the Historic District and/or on the Local Register.

2. Local Register Classifications:
· Addition of language to the Historic Preservation Ordinance defining the “Exceptional”, “Focus” and “Background” classifications of the Local Register.

3. Project Review:
· Alterations to how fencing proposals are evaluated;
· Removal of language allowing certain projects to occur without HPAC review if “like materials” are used.

4. Landscaping:
· Changes that would limit the percentage of paved surfaces permitted within front yard areas.

5. Local Register Review:
· Changes related to the frequency of Local Register reviews.

The recommended revisions were presented to the City Council at an October 4, 2021, Work Session with the HPAC. At the Work Session, the City Council voiced outright support for Recommendation Nos. 2 and 5. However for Recommendation Nos. 1, 3, and 4, the City Council expressed reservations over changes to the HPACs review authority, under the reasoning that property owners and/or potential buyers were likely not aware that historic designations where applicable to their sites. Following completion of the Work Session, the City Council requested that the HPAC consult with the Building Advisory Committee (BAC) to solicit comments on Recommendation Nos 1, 3, and 4, and to report back to the City Council with findings.

For additional background information on the HPAC, the Historic Preservation District Ordinance, and the October 4, 2021 City Council-HPAC Work Session, please see Attachment No. 1.

Summary of November 17, 2021 Joint Meeting of the HPAC and BAC:

Per the direction of the City Council, the HPAC held a joint meeting with the BAC on November 17, 2021 to obtain comments on proposed revisions to the Historic Preservation District Ordinance. The meeting was attended by the full HPAC. However, only three members of the seven-member BAC attended the meeting. A full quorum for the joint meeting was therefore not reached. Because of a lack of quorum, no official recommendation could be provided by the BAC. However, as the members in attendance where those previously selected by the BAC to work with the HPAC, it was determined that comments collected by the three members in attendance would still be beneficial to the City Council.

Staff presented its report providing information on the duties and jurisdictional areas of the HPAC and detailing proposed revisions to the Historic Preservation District Ordinance. The Committees also discussed how the HPAC and BAC could work together on certain projects, in response to the direction provided from the City Council’s Committees/Commissions Work Sessions. Details on this latter portion of the discussion will be provided during the HPAC Annual Review, likely to occur in March 2022.

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File #: 22-0043 Agenda Date: 2/22/2022 Agenda #: 2.

For the Historic District Ordinance recommendations, the BAC provided the following comments:

Local Register Structure and Demolition Review
Proposed Change: Removal of language exempting “Background” Local Register structures outside the Historic District from HPAC review (reference of Background structure provided above). If approved, this exemption provision will authorize the HPAC to review exterior building alterations for any property that is within the Historic District or on the Local Register, regardless of classification.

The HPAC proposes the change to prevent the negative alteration and loss of historic structures due to lack of oversight and communication with applicants/property owners. 10/4/2021 City Council Comments: The City Council directed staff and the HPAC to conduct outreach with the affected property owners to inform them of the potential changes that could result should this change be approved.
11/17/2021 BAC Comments: BAC members deemed this a reasonable change. It was noted by the BAC that HPAC project reviews are typically related to architectural design and cost, and not with interpretation of the Building Code. As such, the BAC has little overlap with the purview of the HPAC. The BAC members discussed whether fee reductions for Building Permits and other costs could be provided for sites undergoing HPAC review. Staff stated that it would be a City Council decision and that such a proposal had not yet been presented.

Note: There are only 36 “Background” Local Register structures that are located outside the Historic District. Given the small number of potential properties impacted, this change is not expected to have a significant impact on staff time.

Proposed Change: Addition of language that would allow the HPAC to deny a request for demolition for any property within the Historic District and/or on the Local Register regardless of classification.

This change would affect the 355 properties that are currently on the Local Register with a “Focus” and “Background” classification as well the 377 properties that are in the Historic District but not on the Local Register.
10/4/2021 City Council Comments: The City Council directed staff and the HPAC to conduct outreach with the affected property owners to inform them of the potential changes that could result should this change be approved.
11/17/2021 BAC Comments: The BAC provided no comment on this item. It was explained by staff that this change would provide the HPAC with authority to deny a request for demolition of any structure within the Historic District or listed on the Local Register, similar to the protection currently provided by the Historic Preservation District Ordinance to “Exceptional” Local Register structures. In instances where an applicant proposes demolition of an “Exceptional” structure (ex. the Bank of Italy building or Downtown Post Office building), the Historic Preservation District Ordinance provides the HPAC with the authority to deny such a request, subject to appeal to the City Council. HPAC’s request to have this provision of the Historic Ordinance changed is in an effort to ensure all avenues of preservation and restoration are considered by a property owner rather than having no say on whether a demolition permit should not be issued. HPAC identified that the purpose and intent of their duties is to preserve and promote the city's cultural heritage, by ensuring its historic structures, sites, and features are not destroyed if reasonable improvements to these structures/sites can be made to prevent them from being demolished. The BAC understood the proposed change and still provided no comment regarding support to change the ordinance.

Staff also presented the alternatives to the BAC that were also presented to the City Council in City of Visalia Page 4 of 8 Printed on 2/22/2022
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File #: 22-0043 Agenda Date: 2/22/2022 Agenda #: 2.

Staff also presented the alternatives to the BAC that were also presented to the City Council in -lieu of the consideration as noted above. These alternatives are as follows:
b.(1) Limit the denial consideration so that it would only be applicable to Local Register structures with a “Focus” and “Background” classification. This would result in 386 structures being subject to the proposed revision related to demolition requests (see Attachment 4) or, b.(2) Consider a “grandfather” clause that would exempt existing “Focus” and “Background” Local Register properties from the recommended ordinance change, and only require that any new addition to the Local Register with a “Focus” and “Background” classification be subject to the new demolition provision.

The BAC after receiving these alternatives understood the consideration and provided no comment regarding this request support to change. Please note, although existing codified provisions allow HPAC to deny a demolition request for a Local Register structure with an “Exceptional” classification, the ordinance already permits the HPAC to review demolition requests for any site within the Historic District and/or Local Register, but the HPAC must approve these requests. Staff’s research has found that review of demolition requests are rare, and that such requests are almost always approved.

Project Review:

Proposed Change: Removal of language regarding specific fencing types, in favor of general language requiring consideration based on style and context:
10/4/2021 City Council Comments: The City Council did not support the use of subjective criteria to evaluate fencing, instead requesting the creation of specific standards for fence reviews. The City Council also requested that chain link fencing materials be included as an acceptable fencing type for historically designated sites. 11/17/2021 BAC Comments: The BAC expressed a preference for specific standards for the evaluation of fencing, rather than consideration on a case-by-case basis based on the style of a residence and the surrounding neighborhood. Concern was raised by the HPAC regarding contractors placing fences without Building Permits. BAC members noted that if there were issues with contractors, they could be reported to the Contractors State Licensing Board.

Given the concurrence between the Council and BAC, the HPAC has elected to move forward with the recommendation of providing specific standards for the evaluation of fencing and will create specific standards to be incorporated into the Historic Preservation District Ordinance for acceptable fencing types.

Proposed Change: Removal or modification to provisions allowing for reroofing/residing/masonry repairs and other assorted work of a similar capacity to occur without HPAC review:
10/4/2021 City Council Comments: The City Council expressed a lack of support for the changes proposed, sharing concerns over the effect on Building Permit issuance. 11/17/2021 BAC Comments: The BAC similarly was concerned with the effect the change would have on Building Permit issuance, given that permits for this type of work would be typically issued over the counter. Staff noted that for these types of projects, permit applications were reviewed by staff to ensure that no significant exterior changes would occur.

This would include requiring applicants to submit plans and other documents to verify that only minimal exterior work with like materials would be conducted.

Given the concurrence of opinions between the Council and BAC over the effect on “over the City of Visalia Page 5 of 8 Printed on 2/22/2022
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File #: 22-0043 Agenda Date: 2/22/2022 Agenda #: 2.

Given the concurrence of opinions between the Council and BAC over the effect on “over the counter” permit issuance, the HPAC has elected to no longer pursue changes to the “Like Materials” section of the Historic Preservation Ordinance.

Landscaping:

Proposed Change: Inclusion of language requiring historically designated sites to maintain a minimum 50% of front yard areas for landscaping purposes. 10/4/201 City Council Comments: The City Council expressed concern over requiring a certain percentage of front yard space to be devoted to landscaping during a time when droughts are prevalent. Specifically, the City Council asked whether materials like rock or synthetic lawn would be acceptable under the proposed revision. 11/17/2021 BAC Comments: The BAC cited no issues with this proposal. The HPAC noted that it agreed with comments from the City Council that alternative landscaping materials such as synthetic lawn and rock should be considered acceptable under the proposed ordinance changes, as the intent was to prevent permanent paving of landscape areas.

Recording Historic Designations on Title Documents:

At the October 4, 2021, Work Session, the City Council expressed a desire to improve public knowledge of Historic designations. A request was made for the City Attorney to research whether historic designations could be recorded against property titles, so that existing and new property owners would be informed of their applicability to their sites upon purchase.

The City Attorney has informed staff that recording notice against individual properties is possible pursuant to California Public Resources Code section 5029 and Government Code section 27288.2.

If this type of notification is pursued it would be recommended to only be utilized to notify property owners that their parcels have been listed on the local historic register. It is not recommended that this process be used to notify property owners of sites located within the boundaries of historical districts.

Public Resources Code section 5029 requires the applicable resolution recording notice to:

1. State the name of the current owner;

2. State the agency making the designation;

3. State the specific historical resource designation that results on restrictions on demolition or alteration of a structure; and

4. Provide a legal description of the property.

The resolution would require an individualized basis for the historical designation. In addition to the above, the City Attorney also recommends that any such resolution be adopted only after notice to the property owner and a hearing are conducted. If the City Council would want this type of individual notice requirement added, then it is recommended that modifications to the Historic Preservation District Ordinance be made to define a process for having such resolutions adopted and recorded.

There are 386 properties on the current Local Register of Historic Structures. Recording individual resolutions will be a significant undertaking for staff and will require some time to be completed. If pursued, the City Attorney recommends requiring individual notification to be timed to be conducted in conjunction with the ongoing review of the current Local Register to streamline the process. Note that there are potential limitations that could be applied to the recorded notices. For instance, if City of Visalia Page 6 of 8 Printed on 2/22/2022
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that there are potential limitations that could be applied to the recorded notices. For instance, if demolition restrictions within the Historic Preservation District Ordinance only apply to buildings determined to be “Exceptional” or “Focus”, then the notification resolutions can only be recorded for those types of structures and not for structures listed as “Background” on the Local Register.

Per the City Attorney, the process is not recommended for notification of properties that are simply within a designated Historic District but not listed on the Local Register. The State statutes refer only to individual properties and not neighborhoods consisting of multiple properties. VMC Chapter 17.56 allows for the creation of a local historic register of structures and sites and creates historical districts that include multiple properties. These historical districts are a type of specific zoning overlay within the City. As such, persons are presumed by law to have constructive notice of duly adopted zoning ordinances, including historical districts, because the applicable rules and the location of areas are readily available to the public. Furthermore, recording a notice against all properties within a historical district will also potentially require updates if the ordinance where to change, which would likely occur more often than modifications to the local register.

Public Notification Efforts/Street Signage Update
The City and HPAC have taken multiple actions to promote wider knowledge of historic preservation and its applicability to certain sites. This includes the annual mailing of an HPAC informational guide to all property owners and occupants of historically designated properties and coordination with local media for the dissemination of stories highlighting historic preservation topics.

More recently on November 15, 2021 the Visalia City Council allocated funds for the placement of historic preservation street blade signage in the Historic District, with intent to create increased awareness of the district and historic preservation in general. Installation of street blades began in January 2022 and will include placement on approximately 100 existing street name sign or utility poles throughout the Historic District, which encompasses the areas north of Downtown Visalia, north of Redwood High School, and within the geographical boundary of South Bridge Street, South Conyer Street, West Tulare Street, and State Highway 198. Project completion is expected to occur in February 2022.

Continuation of the public notification efforts identified in this section are recommended over the processes identified by the City Attorney as they considered equally effective, would require less staff time to process, and would not need to be updated with every change to the Local Register or Historic Preservation District Ordinance.

Next Steps:

If directed by the City Council to proceed with revisions to the Historic Preservation Ordinance as outlined above, staff will begin scheduling public outreach meetings conducted by the HPAC to inform the public of proposed revisions to the Historic Preservation District Ordinance. This would then be followed by publicly noticed hearings before the HPAC, Planning Commission, and City Council.

As noted during the October 4, 2021 Work Session, staff is working towards completing the ordinance revisions by July 1, 2022. At Council’s direction, the project can also be returned at an earlier date, however, this will impact staff’s ability to quickly process other current construction/building permit applications and long-range planning projects.

Fiscal Impact:

None.

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Prior Council Action:

1. At the February 16, 2021, meeting of the City Council, during presentation of the 2020 HPAC Annual Report, members of the Council directed the HPAC to provide recommendations for the revision of the Historic Preservation District Ordinance.

2. At the March 1, 2021, City Council Committee/Commission Work Session, the HPAC was encouraged to undertake projects related to their mission. A request was made by members of the City Council for the HPAC to consider reviewing the Historic Preservation District Ordinance for potential changes.

3. At the October 4, 2021, City Council and Historic Preservation Advisory Committee Work Session, direction was provided by the Council regarding proposed revisions to the Historic Preservation District Ordinance. The Council directed the Committee to meet with the Building Advisory Committee, solicit comment, and return to the Council for a follow-up work session Alternatives:

The City Council, in lieu of the recommendations provided, may direct staff to consider the following:

1. Direct staff to pursue different alternative language changes to the Historic Preservation District Ordinance as specified by Council.

2. Receive the staff report and take no further action at this time.

Recommended Motion (and Alternative Motions if expected):

I move to direct City staff to initiate a Zoning Text Amendment to implement the changes as recommended by the Historic Preservation Advisory Committee and as listed in the Work Session staff report, with a recommend timeline to have the ordinance changes completed by July 1, 2022..end Environmental Assessment Status:

CEQA Review: None at this time.

Attachments:

1. October 4, 2021 City Council-Historic Preservation Advisory Committee Work Session Staff Report
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City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.

Visalia, CA
File #: 21-0512 Agenda Date: 10/4/2021 Agenda #: 4.

Agenda Item Wording:

Discussion and direction on recommended changes to Zoning Ordinance Chapter 17.56, Historic Preservation District Ordinance.

Deadline for Action: 10/4/2021
Submitting Department: Community Development
Contact Name and Phone Number:

Walter Deissler, Chairperson, Historic Preservation Advisory Committee Cristobal Carrillo, Associate Planner, [email protected] <mailto:[email protected]>, (559) 713-4443 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

That the City Council receive the staff report and presentation on potential changes to Chapter 17.56 Historic Preservation District Ordinance as recommended by the Historic Preservation Advisory Committee, and direct City staff to conduct public outreach to receive public comment, consult with the City of Visalia Building Advisory Committee, then begin processing a Zoning Text Amendment to implement the changes as identified in the staff report, incorporating comments and modifications from the City Council, Building Advisory Committee, and members of the public.

Alternatively, the City Council can direct the Historic Preservation Advisory Committee and staff to consult with the City of Visalia Building Advisory Committee prior to conducting public outreach or processing a Zoning Text Amendment. Any comments and recommendations provided would then be incorporated into a report to be presented to the Visalia City Council at a future Work Session, prior to public outreach.

Historic Preservation Advisory Committee and Historic Preservation District Ordinance:

Background and Duties
As one of the oldest cities in the Central Valley, Visalia hosts an impressive collection of historic sites and structures. Numerous buildings with distinctive architectural styles are present in Visalia, concentrated in the city’s historic core. The Historic Preservation District Ordinance (Zoning Ordinance Chapter 17.56) was adopted by the City of Visalia in 1979, and updated in 2001, in effect to protect and preserve the City’s distinct collection of structures.

A cornerstone of the Historic Preservation District Ordinance is the establishment of the Historic Preservation Advisory Committee (HPAC). The HPAC was created to act as the City’s steward for City of Visalia Printed on 10/1/2021 Page 1 of 11
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historic preservation causes and protector of historic structures. The Committee consists of seven members and meets on the second and fourth Wednesdays of the month. The Committee is primarily responsible for periodically updating the Local Register of Historic Structures, nominating properties to Local, State, and Federal Historic Registers, and reviewing building/planning actions related to historically designated structures. Review of building and planning actions is the most frequent task undertaken by the Committee, consisting of review of proposals for the exterior alteration of historically designated sites and structures, and review of zoning actions (ex. Change of Zones, Conditional Use Permits, Variances, and Planned Unit Developments). HPAC reviews are conducted with a focus on preserving the integrity of historic structures and maintaining the unified architectural character of historic neighborhoods. Reviews of exterior alterations to buildings must occur prior to issuance of a building permit. For zoning actions, the HPAC only reviews the impact of a proposed zoning action on a historic structure and provides a recommendation to the Visalia Planning Commission. The HPAC does not have authority to approve or deny zoning actions and cannot make determinations on what uses are allowed in which zones. That power rests solely with the Planning Commission. All reviews by the HPAC are conducted at no expense to the applicant. Any action of the HPAC is appealable to the City Council. Similarly, any appeals of HPAC actions are processed free of charge.

1. Historic District:

The Historic District consists of three areas containing large groupings of historically significant structures, often with similar architectural styles and elements. A total of 678 properties are located within the boundaries of the Historic District, containing a wide variety of uses such as single and multi-family residences, commercial/office uses, and public buildings. The three areas that make up the Historic District are located north of Downtown Visalia, north of Redwood High School, and within the geographical boundary of South Bridge Street, South Conyer Street, West Tulare Street, and State Highway 198 (see Attachment “2”).

2. Local Register of Historic Structures:

The Local Register consists of individual properties which have been identified by the HPAC as containing historically significant and unique structures. These properties can be located anywhere within City Limits, in or outside the bounds of the Historic District, though most Local Register structures are concentrated within the downtown and surrounding residential areas (see Attachment “2”). At present the Local Register contains 386 properties, consisting of residential, commercial, office, and public use buildings.

Structures on the Local Register are given one of three classifications, based on varying factors such City of Visalia Printed on 10/1/2021 Page 2 of 11
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as historical importance, uniqueness of architecture, and quality of construction. The classifications for Local Register structures are defined in the Historic Preservation Element of the 2014 Visalia General Plan as follows:

Exceptional: Properties with preeminent historical significance, considered for nomination to the National Register of Historic Places. Examples of this include the Bank of Italy building (128 East Main Street), the Hyde House (500 South Court Street), and the U.S. Post Office, Visalia Town Center Station (111 West Acequia Avenue). All three buildings are listed on the National Register of Historic Places. There are 31 properties currently classified as “Exceptional” on the Local Register.

Focus: Properties having significant value, of good to excellent quality, considered for local recognition and protection. Examples of this include the R.H. Stevens House (617 North Encina Street), the Visalia Cemetery Chapel (1300 West Goshen Avenue), and the Lemuel L.

Hyde House (401 West Grove Avenue). There are 160 properties currently classified as “Focus” on the Local Register.

Background: Properties that may not be historically significant or unique in their construction, but which contribute positively to the “visual fabric” of the City of Visalia. Examples of this can be found in the 800 Block of South Court Street, which contains eight “Background” Local Register structures exhibiting Bungalow and Mission Revival style architecture. “There are currently 195 “Background” classified structures on the Local Register, the most of any classification.

The Historic Preservation District Ordinance only allows the HPAC to make recommendations on potential structures that should be considered for Local Register designation. The decision to place a structure on the Local Register is subject to the City Council’s approval. Based on staff’s research, the most recent additions to the Local Register were approved by the City Council in 2012 in conjunction with the addition of the Homebuilders Addition subdivision to the Historic District. The Homebuilders Addition is the neighborhood bounded by Noble Avenue to the north, Watson Street to the east, Myrtle Avenue to the south and Conyer Street to the west (see Attachment 2). A total of 35 properties were added to the Local Register at that time.

The Historic Preservation District Ordinance authorizes the HPAC to review building and planning actions for all properties within the Historic District and/or on the Local Register of Historic Structures.

All other properties outside the Historic District or not on the Local Register are not subject to HPAC review or the Historic Preservation District Ordinance.

Caveats within the Historic Preservation District Ordinance As noted previously, there are 763 properties within the City of Visalia that are historically designated in some form. There are currently 301 properties that are within the Historic District and on the Local Register of Historic Structures. There are an additional 377 properties subject only to the Historic District (not on the Local Register). And as shown in Attachment No. 2, there are 85 properties listed on the Local Register that are located outside the Historic District.

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The 85 properties subject solely to Local Register historic designation are notable in that they are subject to one particular caveat of the Historic Preservation District Ordinance. Section 17.56.110 of the ordinance states; In instances where a Local Register structure is located outside the bounds of the Historic District, exterior alterations are only subject to HPAC review if the building is designated “Exceptional” or “Focus”, or if the structure is proposed for demolition. Of the 85 Local Register properties located outside of the Historic District, 15 are designated as “Exceptional”, 24 as “Focus”, and 36 as “Background”. Per Section 17.56.110 of the ordinance, the 36 Local Register “Background” properties, by virtue of being located outside the Historic District, are not subject to HPAC review unless a structure onsite is proposed for demolition.

Another caveat present in the Historic Preservation District Ordinance is a provision which limits the authority of the HPAC to deny a request for the demolition of a structure. Per Section 17.56.070 of the ordinance, the HPAC can only deny the issuance of a demolition permit when a structure is listed on the Local Register and is classified as “Exceptional”. In all other instances, the HPAC is compelled to either approve the demolition request or apply an up to six-month moratorium to the issuance of a demolition permit. During the moratorium, the Historic Preservation District Ordinance tasks the applicant and Committee to find alternative uses for the structure and to seek alternative solutions to the demolition or moving of the structure. If no alternatives are found by the time the moratorium has expired, the Committee must approve the application.

These caveats came into play when modifications, and later demolition, where proposed to the OdellMor Building, a 1914 Bungalow style five-plex formerly located at 209 North Encina Street. The building was classified as a “Background” structure on the Local Register and was located outside the Historic District. Due to the above, HPAC review was only required when the building was proposed for demolition, and the demolition request could not be denied. The HPAC applied a sixmonth moratorium as permitted by the ordinance and worked with the property owner to find alternatives to demolition. This included finding buyers for the site, identifying alternative uses, and locating vacant sites for relocation of the building.. Efforts to find alternatives were unsuccessful and after completion of the moratorium the building was demolished in April 2021. As a result of that outcome, coupled with direction provided by the City Council, the HPAC began to discuss potential revisions to the ordinance for Council’s consideration geared towards strengthening the ordinance in an effort to help preserve historic structures. The HPAC’s ordinance considerations are discussed in greater detail under the “Proposed Historic Preservation District Ordinance Changes” section of the staff report below.

Disclosures to Potential Property Buyers
There is no official mechanism in place within the Ordinance that requires notification to a potential buyer, property owner, or occupant that a property is within the Historic District or on the Local Register of Historic Structures. In an effort to educate the public about historic preservation, the Historic District, and the Local Register, the HPAC created and mailed an informational guide on historic preservation to property owners and occupants of historically designated sites (see Attachment No. 3). The guide has been sent biannually (once in 2019 and again in 2021) and informs the recipient that a home they own is historically designated. The guide also provides a map of the City of Visalia Printed on 10/1/2021 Page 4 of 11
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Historic District and Local Register, information on the types of projects that require HPAC review, when HPAC meetings occur, and staff contacts should there be any questions. The informational guide is sent with the goal of spreading the word on historic preservation and encouraging compliance with the Historic Preservation District Ordinance.

With regards to notification requirements for the sale of historically designated property, staff is aware that disclosures are provided to potential buyers informing them that a site and/or structure may be historically designated. It is left to the realtor or buyer themselves to contact the proper authorities to discover whether a structure is historically designated. Note, that these type of disclosures are outside the purview of City staff.

Background and Summary of Work Session:

On February 16, 2021, staff presented the 2020 HPAC Annual Report to the Visalia City Council. The report included a breakdown of HPAC activities for the 2020 calendar year, including challenges related to a request for the demolition of the historic Odell-Mor Building. At the conclusion of the Annual Report presentation, members of the City Council requested the HPAC provide recommendations for how to best revise the Historic Preservation District Ordinance to address the demolition of historic buildings. The request was reiterated at the March 1, 2021, City Council Committees/Commissions Work Session and Regular Meeting, during which members of the Council encouraged commissions and committees to be proactive and look at projects to undertake. For the HPAC, this included direction to review the Historic Preservation District Ordinance for potential revisions.

Following direction from the City Council, the HPAC has met bi-weekly to review the contents of the Historic Preservation District Ordinance and deliberate over potential revisions for Council consideration. A summary of the HPAC’s recommended revisions consist of the following:

1. Local Register Structure and Demolition Review): Removal of language exempting “Background” Local Register structures located outside the Historic District from HPAC review, and addition of language that would allow the HPAC to deny a request for demolition for any property within the Historic District and/or on the Local Register.

2. Local Register Classifications: Add language to the Historic Preservation Ordinance defining the “Exceptional”, “Focus” and “Background” classifications of the Local Register.

3. Project Review: Changes related to project reviews, including alterations to how fencing proposals are evaluated, and removal of language allowing certain projects to occur without HPAC review if “like materials” are used.

4. Landscaping: Changes that would limit the percentage of paving permitted in front yard areas.

5. Local Register Review: Changes related to the frequency of Local Register reviews. 3URSRVHG+LVWRULF3UHVHUYDWLRQ'LVWULFW2UGLQDQFH&KDQJHV The following section is a comprehensive overview of the recommended ordinance changes proposed by the HPAC, along with information on why the HPAC is requesting the proposed changes.

The items are organized in order of priority, with the Local Register Structure and Demolition Review City of Visalia Printed on 10/1/2021 Page 5 of 11
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provisions listed first as they were the impetus for review of the ordinance and will have the most significant impact on historic project reviews moving forward. The proposed changes to the Historic Preservation District Ordinance, as recommended by the HPAC, are as follows:

1. Local Register Structure and Demolition Review)
a. Removal of language exempting “Background” classified Local Register structures located outside the Historic District from HPAC review unless proposed for demolition (VMC Section 17.56.050.C.3, et.al.)
Removal of this exemption provision will authorize the HPAC to review exterior building alterations and zoning actions (ex. Change of Zones, Conditional Use Permits, Variances, and Planned Unit Developments) for any property that is within the Historic District or on the Local Register, regardless of classification. The HPAC proposes the change to prevent the negative alteration and loss of historic structures due to lack of oversight and communication with applicants/property owners. The change, if approved, also strengthens the ability of the HPAC to pursue the purpose and intent of the Historic Preservation District Ordinance, described in Section 17.56.010.B, as to preserve and promote the public health, safety, and welfare of the residents of the city, and to express the commitment of the city to assure that the city's cultural heritage, as reflected in its historic structures, sites, and features is not destroyed. This change would affect the 36 properties that are listed on the Local Register with a “Background” classification, and which are located outside the bounds of the Historic District. At present, these 36 properties have not been subject to HPAC oversite. If the change is approved, the 36 properties would be subject to HPAC review for any exterior alteration or zoning action proposed onsite, similar to all other properties within the Historic District and/or on the Local Register. The City Council may consider directing staff to conduct outreach with these 36 property owners to inform them of the potential changes that could result in HPAC review for exterior alterations. Conversely, the City Council may consider directing staff to look at establishing a “grandfather” clause that would exempt these 36 properties from the recommended ordinance change, and only require that any new addition to the Local Register with a “Background” classification, outside of the Historic District, be subject to the new ordinance revisions.

HPAC review of exterior alterations for all Local Register structures regardless of classification could help ensure that exterior work carried out on a historic structure is conducted in a manner that helps preserve the structure for future generations.

Given the small number of potential properties impacted, this change is not expected to have a significant impact on staff time.
b. Removal of language that prohibits the HPAC from denying a request for demolition unless a structure is classified as “Exceptional” on the Local Register (VMC Sec

17.56.070).

The Historic Preservation District Ordinance requires the HPAC to review all applications for demolition of structures listed on the Local Register or located within the Historic District. However, City of Visalia Printed on 10/1/2021 Page 6 of 11
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the ordinance only allows the HPAC to deny a request for demolition of a historically designated structure if it contains a Local Register classification of “Exceptional”. The HPAC recommends the ordinance be revised to provide the HPAC with the ability to deny a demolition request for any site within the Historic District and/or on the Local Register, regardless of classification. The change would provide the HPAC with another tool with which to enact the purpose and intent of the Historic Preservation District Ordinance, which is to preserve and promote the city's cultural heritage, by ensuring its historic structures, sites, and features are not destroyed.

This change would affect the 355 properties that are currently on the Local Register with a “Focus” and “Background” classification as well the 377 properties that are in the Historic District but not on the Local Register. The City Council may consider directing staff to conduct outreach with these property owners informing them of the potential change. Staff would then report back on the outcome of those discussions. Conversely, the City Council may consider the following regarding this request:
b.(1) Limit the denial consideration so that it would only be applicable to Local Register structures with a “Focus” and “Background” classification. This would result in 386 structures being subject to the proposed revision related to demolition requests (see Attachment 4) or, b.(2) Consider a “grandfather” clause that would exempt existing “Focus” and “Background” Local Register properties from the recommended ordinance change, and only require that any new addition to the Local Register with a “Focus” and “Background” classification be subject to the new demolition provision.

Please note that existing provisions which allow the HPAC to deny a demolition request for a Local Register structure with an “Exceptional” classification would not change as a result of the HPAC recommendations. Furthermore, the ordinance already permits the HPAC to review demolition requests for any site within the Historic District and/or Local Register. Staff’s research has found that review of demolition requests are rare, and that such requests are almost always approved. Between 2011 and 2021, the HPAC only reviewed 8 demolition requests. Six of the eight requests where for main structures, such as a residence or office. In all except one instance the HPAC approved the demolition request. The sole exception was for the Odell-Mor building, which resulted in the application of a six-month moratorium, after which a demolition permit was issued. Whether or not the recommended changes are implemented, any denial of a demolition request by the HPAC is subject to appeal to the City Council.

If directed to pursue the proposed change that would permit HPAC the ability to deny a demolition request, the change would trigger a requirement for staff to conduct a California Environmental Quality Act (CEQA) review for any demolition request submitted. The possibility that a demolition request could be denied would make the proposal a discretionary matter, subject to CEQA processes.

This could potentially result in fees being charged and additional processing time added to the project for staff to conduct a CEQA review. City fees for a CEQA review could range between $78.00 for a Categorical Exemption to $800.00 for an Initial Study/Negative Declaration. A separate $58.00 filing fee is required for filing any CEQA review determination with the County of Tulare Clerk’s Office. The preparation of CEQA Categorical Exemption is not expected to have a significant impact on staff time City of Visalia Printed on 10/1/2021 Page 7 of 11
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or the processing of a demolition request. However, if an Initial Study/Negative Declaration is required, the increased level of CEQA review could pose the potential to impact staff, processing time, and be costly for the applicant. The preparation of an Initial Study/Negative Declaration could also result in the requirement that technical studies be submitted to help address issues related to the demolition request. The cost to review technical studies would add an additional $238.00 fee per study to a demolition request. Staff does not have a dollar cost on what a consultant would charge to prepare any required technical study as part of this process. This level of CEQA review could result in processing periods between one to several months depending on the type and location of a structure proposed for demolition.

2. Local Register Classifications
a. Addition of language to the Historic Preservation Ordinance defining the “Exceptional”, “Focus” and “Background” classifications of the Local Register.

Section 17.56.030 (Definitions) of the Historic Preservation District Ordinance does not provide definitions for the three Local Register structure classifications noted in the Historic Preservation Element of the 2014 Visalia General Plan. This change would revise Section 17.56.030 to include the following definitions:

Exceptional: Properties with preeminent historical significance, considered for nomination to the National Register of Historic Places.

Focus: Properties having significant value, of good to excellent quality, considered for local recognition and protection.

Background: Properties that may not be historically significant or unique in their construction, but which contribute positively to the “visual fabric” of the City of Visalia.

3. Project Review
a. Removal of language regarding specific fencing types, in favor of general language that requires consideration of fencing proposals based on compatibility with the architectural style and context of specific buildings on site, and with the surrounding areas (VMC Sec. 17.56.100.E).

The Historic Preservation District Ordinance allows for the review of fencing proposals based on the theory of “Walls of Continuity”, meaning that reviews of new structures such as fencing should attempt to promote “continuous cohesive walls of enclosures along streets”. The Historic Preservation District Ordinance specifically calls out “brick walls”, “wrought iron fencing”, and “evergreen landscapes” as acceptable types of walls of continuity. The HPAC has taken this language and established a longstanding precedent that materials such as chain link fencing are not appropriate for historic areas and do not constitute an appropriate wall of continuity.

Recently, several proposals for chain link fencing have been submitted for HPAC review, with owners arguing that the material should be permitted due to chain link being prevalent in historic areas, and because chain link can be a historically appropriate fencing type in certain instances. Owners have City of Visalia Printed on 10/1/2021 Page 8 of 11
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also noted the financial constraints of purchasing fencing types other than chain link. To address these concerns, the HPAC proposes eliminating text referring to walls of continuity and specific fencing types in favor of language that requires consideration of fencing proposals based solely on compatibility with the architectural style and context of specific buildings onsite, and with the immediate surrounding areas. The intent is to increase flexibility and equitability in the review of fencing, allowing for chain link fencing to be approved when considered appropriate for a property. b. Removal or modification to provisions allowing for reroofing/residing/masonry repairs/chimney repairs/HVAC repair with like materials to occur without HPAC review (VMC Sec 17.56.050.C.7).

The Historic Preservation District Ordinance currently exempts certain projects from HPAC review if the work is conducted with “like materials”, meaning materials that are similar in appearance to what is currently on the structure. This section applies to HVAC repairs and change outs, reroofing of structures, residing of structures, repair of masonry, repair of chimneys, electrical work, plumbing work, and installation of swimming pools. Recently, the HPAC has observed that work of this nature has resulted in significant changes to historic structures. One recent example is of a reroof permit issued for a residence at 415 West Goshen Avenue, which resulted in the loss of a roof dormer vent, a unique and significant feature that would have been reviewed by the HPAC if proposed for removal.

If directed to move forward with this change, proposals for HVAC repair, reroofs, residing, masonry work, and chimney repair will be referred to the HPAC for their review, regardless of material types used. The intent is to ensure that oversight is provided so that significant architectural features are not removed.

4. Landscaping
a. Inclusion of language requiring historically designated sites to maintain a minimum 50% of front yard areas for landscaping purposes.

The Historic Preservation District Ordinance does not currently include language regarding the inclusion of landscaping in historic areas. The intent of this change is to prevent the paving of entire front yard areas, to encourage placement of landscaping for the beautification of historic sites and neighborhoods. The 50% provision would only be applicable to front yards and would still allow sufficient space for the paving of driveways for garages and entryways.

5. Local Register Review
a. Removal or modification of language requiring the annual review of the Local Register of Historic Structures.

The Historic Preservation District Ordinance currently mandates that the Local Register be reviewed annually. Due to limitations in staff time and resources, this is not always feasible. The HPAC recommends requiring a review of the Local Register on a 5-year basis. This would be subject to any requirements by the State of California to conduct more frequent reviews of a local historical register.

Please note that the HPAC is in the process of reviewing the Local Register of Historic Structures.

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areas within Historic District, with a focus on structures listed on the Local Register but outside the Historic District. The intent is to ensure that all Local Register sites are given the appropriate classification. Any potential changes to the classification of Local Register structures will require review by the HPAC, Planning Commission, and City Council at public hearings.

Next Steps:

If directed by the City Council to proceed with revisions to the Historic Preservation Ordinance as outlined above, staff will begin consultation with the Building Advisory Committee and scheduling public outreach meetings conducted by the HPAC to inform the public of proposed revisions to the Historic Preservation District Ordinance. This would then be followed by publicly noticed hearings before the HPAC, Planning Commission, and City Council.

However, if the City Council directs the HPAC and staff to consult with the Building Advisory Committee prior to taking any other actions, a joint meeting between the HPAC and Building Advisory Committee will be scheduled to discuss Historic Preservation District Ordinance changes recommended by the HPAC. Comments and recommendations would be collected and presented to the City Council at a follow-up Work Session.

In addition, senior staff notes that the proposed work program will take significant staff time to complete. Given the impact of current projects on staff time, it is recommended that the City Council also provide direction on the timeframe in which these revisions should occur. In order to have limited impact on the processing of current construction projects, staff recommends requesting the work to be completed by July 1, 2022. At Council’s direction, the project can also be returned at an earlier date; however, this will impact staff’s ability to quickly process other current construction applications and long-range planning projects.

Fiscal Impact:

None.

Prior Council Action:

Alternatives:

The City Council, in lieu of the recommendations provided, may direct staff to consider the following:

1. Direct staff to pursue different alternative language changes to the Historic Preservation District Ordinance as specified by Council.

2. Receive the staff report and take no further action at this time.

City of Visalia Printed on 10/1/2021 Page 10 of 11
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69 File #: 21-0512 Agenda Date: 10/4/2021 Agenda #: 4.

Recommended Motion (and Alternative Motions if expected):

Recommended Motion: I move to direct City staff to initiate a Zoning Text Amendment to implement the changes as recommended by the Historic Preservation Advisory Committee and as listed in the Work Session staff report, with a recommend timeline to have the ordinance changes completed by July 1, 2022.

Alternative Motion: I move to direct the Historic Preservation Advisory Committee and City staff to consult with the City of Visalia Building Advisory Committee, incorporate any comments and recommendations provided, and report findings back to the Visalia City Council at a future Work Session.

Environmental Assessment Status:

CEQA Review: None at this time
Attachments:
ϭ͘ Visalia Municipal Code Chapter 17.56 (Historic Preservation District)

2. Historic District and Local Register Map

3. Historic Preservation Advisory Committee Informational Mailer

4. Table of Local Register Structures by Classification

5. Historic Preservation Advisory Committee Members and Terms City of Visalia Printed on 10/1/2021 Page 11 of 11
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!( !( W Tulare Ave
W Burrel Ave E Noble Ave E Tulare Ave
E Murray Ave E Oak Ave E Cypress Ave
E Myrtle Ave
E Douglas Ave
E Kaweah Ave
W Pershing Ave W Sady Ave
W Olive Ave W Myrtle Ave
E Douglas Ave
W W Laurel Ave Laurel Ave W Tulare Ave W Noble Ave
H i s t o r i c
D i s t r i c t
& L o c a l
R e g i s t e r
M a p
0 590 1180 295 Feet
¨
Legend
City Limits Streets Railroad Waterways Parcels
!( Local Registry Historical District
76 Last edited 2/24/2020
District or own Structures. Currently there are
752 properties within the City of Visalia that are either in the Historic District or contain a structure on the Local Register.
cultural heritage as reflected in our historic structures, sites, and features. This is accomplished through:

1. The protection and preservation of historic structures;

2. The preservation and maintenance of historic residential areas as cohesive neighborhoods;

3. The enhancement of property values in the older areas of the City of Visalia; and

4. The encouragement of the development of vacant and incompatibly developed properties in accordance with the character of the historic district.

The City of Visalia recognizes the importance of historical neighborhoods and structures. In order to preserve and protect these historic structures, the Historic Preservation Advisory Committee (HPAC) was created. The HPAC consists of seven volunteer members who are appointed by the Visalia City Council. The HPAC is tasked with recognizing and safeguarding historic neighborhoods or historic historic heritage. The HPAC accomplishes this through review of all proposals that seek exterior alterations to historically designated structures or sites.

This informational mailer serves to inform you that certain exterior modifications to a historic structure or site require review and approval by the HPAC.

Exterior alterations that require HPAC review:

Changes to doors;
Changes to windows;
Changes in roofing materials;
Changes in exterior siding materials;
Changes to architectural details and trim;
Signage, including alterations;
Demolitions;
Building additions;
Building conversions;
Accessory structures;
New fences, including
replacement fences type/style.

Modifications that do not require HPAC review:

Swimming pools;
Interior alterations;
Addition or replacement of air
conditioners, HVAC, or similar units;
Interior or exterior painting;
General maintenance (i.e. reroofs, residing,
masonry repair) with like materials, resulting in
no changes in exterior materials, details, and
appearance.

For more information on historic preservation and how it may apply to your site and/or structure, please visit the City of Visalia Planning Division at 315 E. Acequia Avenue, Visalia CA 93291, or call Cristobal Carrillo, historic preservation staff liaison, at (559) 713-4443 or e-mail at [email protected]. For more information on Historic Districts and the Local Register, please visit the City of Visalia website at www.visalia.city.

City of Visalia
Historic Preservation Advisory Committee
HISTORIC SITES AND YOU: A Guide
(For Informational Purposes Only)
Thank you for your time and consideration!
77 Classification Exceptional Focus Background Total
Within the
Historic
District 16 126 159 301
Outside the
Historic
District 15 34 36 85
Total Per
Classification 31 160 195 386

LOCAL REGISTER STRUCTURES BY CLASSIFICATION
78 1. Michael Kreps
a. 1st term: 3/2019 6/2020
b. 2nd term: 7/2020 6/2022

2. Patty Kane
a. 1st term: 4/2018 6/2020
b. 2nd term: 7/2020 6/2022

3. Tyler Davis (Vice-Chair)
a. 1st term: 6/2021 6/2022

4. Marilynn Mitchell
a. 1st term: 7/2019 6/2021
b. 2nd term: 8/2021 6/2023

5. Jay Hohlbauch
a. 1st term: 7/2020 6/2022

6. Peggy Lambert
a. 1st term: 5/5/2021 6/2022

7. Walter Deissler (Chair)
a. 1st term: 8/2020 6/2022
Late updated 8/5/2021.
79 City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0057 Agenda Date: 2/22/2022 Agenda #: 3.

Agenda Item Wording:

Presentation on the City of Visalia’s Stormwater Management Program Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Katherine Woodhull-Fuget, Assistant Engineer, [email protected], 713-4447 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 receive a presentation and status update on the City’s Stormwater Management Program.

Background Discussion:

As a Municipality with a Separate Storm Sewer System (an MS4), Visalia is regulated by the California State Water Resources Control Board (Water Board) through the Phase II MS4 General Permit. The Water Board requires all jurisdictions having MS4s to develop and implement a Stormwater Management Plan (SWMP). The purpose of the SWMP is to reduce or eliminate pollutants in stormwater and urban runoff through a combination of legislation, education, public involvement, enforcement, infrastructure, and best management practices. The Water Board requires MS4 Permittees to reduce or eliminate pollutants in stormwater and urban runoff to the maximum extent practicable in order to preserve the waterways of the United States that receive discharges from MS4s.

The Phase II MS4 General Permit was revised and reissued as State Board Order No. 2013-0001- DWQ effective July 1, 2013. Visalia submitted a Notice of Intent for MS4 General Permit renewal coverage as a Phase II (Traditional Small) MS4 Permittee on July 3, 2013. The Phase II MS4 General Permit was intended for implementation over a 5-year time period, with set requirements established for each permit year. Municipalities were expected to meet the permit requirements by 2018. Due to staff changes, covid and shifting priorities, the City of Visalia is lagging in MS4 permit compliance. The Regional Waterboard is aware of the City’s circumstances and is primarily concerned with observing progress. Staff is committed to meeting the permit implementation requirements within the next four years, as Visalia has four permit years-worth of requirements that still need addressing.

This presentation will provide a primer on the SWMP by walking through the main program elements required by the Phase II MS4 Permit: the Program Management Element, the Education and Outreach Program, the Public Involvement and Participation Program, Illicit Discharge Detection and City of Visalia Page 1 of 2 Printed on 2/22/2022
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File #: 22-0057 Agenda Date: 2/22/2022 Agenda #: 3.

Outreach Program, the Public Involvement and Participation Program, Illicit Discharge Detection and Elimination, the Construction Site Storm Water Runoff Control Program, Pollution Prevention/Good Housekeeping, the Post Construction Storm Water Management Program, Water Quality Monitoring, Program Effectiveness Assessment and Improvement, Total Maximum Daily Loads Compliance Requirements, the Annual Reporting Program, and the Trash Amendment.

Fiscal Impact:

Staff estimates that the permit will increase the City’s stormwater maintenance and operations costs by at least $200,000 per year not including capital expenditures, which are likely to be significant.

Because of the complexity and newness of the various program elements, it is difficult to have a true cost at this time but will necessitate a fee structure for infrastructure.

Capital outlays will need to be determined once the program is further along than it is now. Examples of future capital projects will include retrofits of existing drainage inlets, basin retrofits, stormwater diversion structures, and green infrastructure with the purpose to reduce direct discharges (a source of pollutants) into the various natural waterways. Staff anticipates identifying and to propose specific projects in the FY 24-25 CIP Budget Request cycle.

Staff expect to roll stormwater management program costs into the storm water utility fee update occurring as part of the Storm Drain Master Plan Update occurring this calendar year.

Prior Council Action:

June 20, 2016
Authorize the City Manager to execute an agreement for RFP 15-16-11 - Development of Citywide Storm Water Management Plan with CWE Corporation of Fullerton CA for $387,003 and appropriate money from various funds. APPROVED Recommended Motion (and Alternative Motions if expected):

No action, informational purposes only.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

MS4 Council Presentation
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MS4 Permit Compliance

AN INTRODUCTION
1 82
Why Are We Here Tonight • To introduce the MS4 Permit—what it is, why it matters, and what it means for Visalia • To discuss Visalia’s Storm Water Management Plan (SWMP) • To discuss where Visalia stands in terms of permit compliance 2 83

MUNICIPAL

SEPARATE

STORM SEWER
SYSTEM: MS4
3 84
4 85
Municipal NPDES
Permitting Authority
U.S. EPA
State Water Resources Control Board
Regional Water Quality Control Board
9 Regions
Municipal Separate Storm
Sewer System
(MS4)
5 86
MS4 Permit
Phase I Permits
Medium and Large
Phase II Permit
Small
• An MS4 that is not already covered
by the Phase I program
• Automatically covers on a
nationwide basis all small MS4s
located in “urbanized areas” as
defined by the Census Bureau.
• State Board Order No. 2013-0001-
DWQ
• Municipalities with populations of
100,000 or greater*
• Permits are specific to each
Regional Water Board
* Based on the 1990 US Census. Visalia’s population was <100,000 in 1990.
6 87
CWE: Visalia’s Storm Water Consultant
Storm Water Management Plan
• Hired CWE in 2016 to develop a
comprehensive citywide Storm Water
Management Plan (SWMP) • Plan focuses on the preservation of Water Quality
Storm Water Master Plan
• Hired Carollo Engineers, Inc. in 2018 to
update the Storm and Sewer Facility Master
Plans
• CWE is the subconsultant working on the
Storm Master Plan • Plan focuses on conveyance system
functionality
7 88
Program Elements Program
Management
Element
Education and
Outreach Program
Public Involvement
and Participation
Program
Illicit Discharge
Detection and
Elimination
Construction Site
Storm Water
Runoff Control
Program
Pollution
Prevention/Good
Housekeeping
Post Construction
Storm Water
Management
Program
Water Quality
Monitoring
Program
Effectiveness
Assessment and
Improvement
Total Maximum
Daily Loads
Compliance
Requirements
Annual Reporting
Program Trash Amendment
Trash Amendment adopted by the
State Water Board in 2015 and
approved by EPA in 2016 8
89 Program Management Program Management Element Education and Outreach Program Public Involvement and Participation Program
Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment • Adoption of a Storm Water Ordinance Refine
Draft
Ordinance
Introduce
Draft
Ordinance
City
Council
Discussion
Reading
and Public
Hearing
Adopt
Ordinance
Update
Municipal
Codes
Efforts will be
coordinated with:

City Attorney
Community
Development
Public Works
City Manager’s
Office
9 90
Education and Outreach Program
Program Management Element Education and Outreach ProgramPublic Involvement and Participation Program Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment• Educate the Public on urban and storm water runoff and how it impacts
water quality
• Staff Training
Water-efficient landscaping
Illicit discharge reporting
Pesticide, herbicide, fertilizer
application
Organized car washes, mobile
cleaning, and pressure washing
Construction site operators
10 Efforts will be
coordinated with: Communications Public Works Community Development Water Resources Community Services
Information Services
91 Public Involvement and Participation Program
Program Management Element Education and Outreach ProgramPublic Involvement and Participation Program Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment • Engage the Public in maintaining water quality
Efforts will be
coordinated with:

Communications
Public Works
Water Resources
Community
Services
11 92
Illicit Discharge Detection and Elimination
Program Management Element Education and Outreach ProgramPublic Involvement and Participation Program Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment • Prohibit the discharge of pollutants into the MS4
• Enforce discharge prohibitions
Efforts will be
coordinated with:

Water Resources
Code Enforcement
Public Works •Water Collections •Wastewater Finance •Business Tax Office •Information Services 12 93 Illicit Discharge Detection and Elimination
Program Management Element Education and Outreach ProgramPublic Involvement and Participation Program Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment 13 94
Construction Site Storm Water Runoff
Control Program
Program Management Element Education and Outreach ProgramPublic Involvement and Participation Program Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment • Require construction best management practices Efforts will be
coordinated with:

Community
Development
Public Works
Inspectors
14 95
Pollution Prevention/Good Housekeeping Program Management Element Education and Outreach Program Public Involvement and Participation Program
Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment • Implement programs to prevent or reduce pollutant runoff from City Facilities
• Update City storm drain maintenance procedures to prioritize the preservation of receiving water quality
• Assess City Operations and Maintenance activities and implement Best Management Practices (BMPs) to reduce
pollutant runoff
Efforts will be
coordinated with:

Airport
Community
Services
Fire
Public Works
• Water Collections
15 96
Post Construction Storm Water Management
Program
Program Management Element Education and Outreach ProgramPublic Involvement and Participation Program Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment • Implementation of Low Impact Development (LID) and Green Infrastructure requirements
Conventional Development Low Impact Development
Efforts will be
coordinated with:

Community
Development
Water
Collections
16 97
Water Quality Monitoring Program Management Element Education and Outreach Program Public Involvement and Participation Program
Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment • Monitor a representative receiving water (Mill Creek) upstream and downstream of Visalia to assess the City’s impact on water quality
Upstream Monitoring Location—SW corner of McAuliff &
Mill Creek Pkwy
Downstream Monitoring Location—
east of Preston St
Efforts will be
coordinated with:

Water
Collections
17 98
Program Effectiveness Assessment and
Improvement Program Management Element Education and Outreach Program Public Involvement and Participation Program
Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment • Track effectiveness of the implementation of Storm Water Management Program
• Annually assess program effectiveness to determine areas of improvement • Modify program implementation as needed to improve effectiveness 18 Efforts will be
coordinated with: Communications Public Works Community Development Natural Resources Conservation/Water Resources Community Services Information Services
99 Total Maximum Daily Loads(TMDLs)
Compliance Requirements Program Management Element Education and Outreach Program Public Involvement and Participation Program
Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment • Not Currently Applicable • Packwood Creek and Mill Creek are on the 303(d) List of Impaired Water Bodies for Toxicity (Source Unknown) but do not have TMDLs developed • This may change next permit term (in the next 3-5 years) 19 100
Annual Reporting Program
Program Management Element Education and Outreach ProgramPublic Involvement and Participation Program Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment • Submit annual status reports to the State Board 20 Efforts will be
coordinated with: Communications Public Works Community Development Natural Resources Conservation/Water Resources Community Services Information Services
101
Trash Amendment Program Management Element Education and Outreach Program Public Involvement and Participation Program
Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment • Implement program to keep trash out of the waterways
Efforts will be
coordinated with:

Water
Collections
21 102
Trash Amendment Program Management Element Education and Outreach Program Public Involvement and Participation Program
Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control ProgramPollution Prevention/Good Housekeeping Post Construction Storm Water Management Program Water Quality Monitoring Program Effectiveness Assessment and Improvement Total Maximum Daily Loads Compliance Requirements Annual Reporting Program Trash Amendment • Install Trash Full Capture Systems Efforts will be
coordinated with:

Water
Collections
22 103
23 104
Summary
• All MS4s are required by law to preserve receiving water quality to the maximum extent practicable through a combination of: • Legislation • Education
• Public Involvement • Enforcement • Infrastructure
• Best Management Practices
24 105
Impacts
• Impacts to the City
• Increased Operating Expenditures
• Additional Capital Improvement
Projects
• Modifications to Current
Operations
• Impacts to Community
• Modifications to public behavior as
water quality awareness increases
• Modifications to business practices
• Financial impact to the Development
Community
25 106
Next Steps
• Receiving Water Monitoring
• Public Outreach
• Ordinance Adoption
• Implementation of Best Management Practices
26 107
Questions?
27 108
28 109
29 110
Post-Construction Storm Water Management
Qualifying Project Flow Chart
30 111
31 112
32 113
33 114
34 115
35 116
36 117
1 Continuous sampling is the preferred
approach, but physical limitations might
force the collection of grab samples. When
stream depths are less than 1 foot, grab
samples will be collected.
2 Flow data will be derived from the colocated KDWCD Stream Gauging Stations. 3 Water column only
4 Pyrethroid monitoring is required at the
urban/rural interface site only.

Receiving Water
Monitoring
Parameters
Endpoint Frequency
Spring Summer Fall Field Measurement Dissolved oxygen (DO) Continuous1 Sampling
- 1 Week Continuous1
Sampling - 1 Week Continuous1Sampling - 1 Week Temperature Continuous1 Sampling
- 2 Weeks Continuous1
Sampling - 2 Weeks Continuous1Sampling - 2 Weeks Flow2 Continuous1 Sampling
- 2 Weeks Continuous1
Sampling - 2 Weeks Continuous1Sampling - 2 Weeks Physical Habitat Assessment:
-pH
- Specific Conductance
-Alkalinity 1 -- -- Channel cross sections 1 -- -- Photo documentation 1 -- -- Nutrients (Algae):
-Total Chlorophyll3
1 1 1
Laboratory Analysis
Pyrethroids4(sediment) 1 -- -- Bacteria -- -- Early Fall.

Once weekly for 4 weeks Nutrients (Algae) 1 1 1 Benthic Macroinvertebrate (BMI) Bioassessment 1 -- -- 37 118
38 119
39 120
40 121
41 122
42 123
City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0004 Agenda Date: 2/22/2022 Agenda #: 1.

Agenda Item Wording:

Authorize the City Manager to award RFB # 20-21-14 Maintenance and Repair of all City Elevators to TK Elevators, of Fresno, CA, not to exceed $45,000 annually, for the maintenance and repair services of all City maintained elevators per specifications of RFB #20-21-14.

Deadline for Action: 2/22/2022
Submitting Department: Community Services
Contact Name and Phone Number: Joe Cote, Facilities Maintenance Superintendent, 713-4525 [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager, 713- 4564 [email protected] <mailto:[email protected]> Jeremy Rogers, Community Services Director, 713-4340 [email protected] <mailto:[email protected]> Department Recommendation:

That the City Council authorize the City Manager to award an annual contract for the Maintenance and Repair of all city elevators at various locations to TK Elevators of Fresno, CA in the amount of $ 45,000 ($27,700 for maintenance plus $17,300 for repairs) per specifications of RFB #20-21-14.

Background Discussion:

This contract will cover all regular maintenance and annual testing required by the State of California Department of Industrial Relations for the permitted safety and operation of human conveyance devices owned by the City of Visalia. The City of Visalia currently owns and operates 11 standard elevators, 3 wheelchair lifts and 1 dumbwaiter. This contract will include all regular monthly inspections and service including adjustments and lubrication, ensuring proper door operation, landing location and proper operating speed and updating service logs. TK Elevator also handles all elevator resets due to miss use or smoke alarm shutdowns.TK Elevator has held the contract for the previous 5 years and has provided excellent service.

The Standard bidding process was conducted and on December 15th, 2021, city staff opened 2 bids that were submitted, the qualified low bidder was TK Elevator of Fresno, CA, the results are listed below.

No. Contractor Location Bid
1 TK Elevator Fresno Ca. $ 27,700.00 per year
2 Schindler Sacramento Ca. $ 32,940.00 per year
With this contract some extra work may be needed for elevator repairs, minor vandalism repairs, or upgrades due to obsolete parts. Staff is requesting to add an additional $17,300 to the annual maintenance contract ($27,700) for additional repairs bringing the total not to exceed contract to City of Visalia Page 1 of 2 Printed on 2/22/2022
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File #: 22-0004 Agenda Date: 2/22/2022 Agenda #: 1.
$45,000. When needed, it is typical for repairs to cost $3,000 - $5,000 per elevator.

This is considered a Public Works maintenance contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission of certified payroll to the Labor Commissioner as well as other requirements outlined in the City’s Labor Compliance Manual which was a part of the specifications. Annual price increase adjustments at time of renewal of contract are based on the Consumer Price Index specified in the contract documents.

The initial agreement is for a 12-month period, with an option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.

Fiscal Impact:

The fiscal impact for RFB # 21-22-14 Maintenance and Repair of all City Elevators contract will be funded by the operational budgets from each department that occupy the buildings where each elevator is located. (Please see attached RFB # 21-22-14 for the ten locations listed on bid page number 22).

Prior Council Action: none
Alternatives: Do not award and re bid
Recommended Motion (and Alternative Motions if expected):

Move to authorize the City Manager to execute a contract for RFB #21-22-14 to TK Elevator, of Fresno, CA, not to exceed $ 45,000 annually, with an option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.

CEQA Review: N/A
Attachments: RFB#21-22-14
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City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0018 Agenda Date: 2/22/2022 Agenda #: 2.

Agenda Item Wording:

Consideration of a mural application request from Lisa Marie Alvarado, for a new mural located on the east-facing façade of the commercial building located at 400 North Johnson Street.

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

Brandon Smith, Principal Planner, [email protected] <mailto:[email protected]>, (559)713-4636
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:

Staff recommends, based on the recommendation of the Mural Panel, that the mural application for the proposed mural located at 400 North Johnson Avenue, as depicted in the modified photo in Attachment 7, be approved, with the clarification that this application is being approved based on the local experience of the lead artist, but all future mural applications from all applicants and artists must follow the full policy, including submitting the appropriate sample of the proposed mural.

Background Discussion:

The City of Visalia received a mural application on October 28, 2021, from Lisa Marie Alvarado for a mural to be painted on the east wall of the building located at 400 North Johnson Street, on the northeast corner of Johnson Street and School Avenue. The mural would be visible from the corner of Willis Street and School Avenue looking west across a vacant lot. The mural application (see Attachment 1), a rendering of the proposed mural (see Attachment 2), and a location map and photo of the existing wall (see Attachments 3 and 4) are attached. The objective of the mural is to provide an artwork installation as a community enrichment project, installed as part of a workshop facilitated by the Urbanists Collective organization.

The proposed mural, measuring approximately 130 feet wide by 20 feet tall, will be painted by community members who have completed mural trainings led by the Urbanists Collective. The mural depicts images of several fictional persons simulated from photo stock pictures that evoke agriculture, education, youth, and imagination. No words or images of known persons will be included in the mural. Materials used for the project will consist of professional mural grade spray paint and other fluid acrylics, with a clear coat added for protection.

Work on the mural is expected to begin upon receiving approval from the City Council. Wilson Reniers is the owner of the building and subject site, and the mural will be maintained by owner with assistance from Urbanists Collective. As stated on the mural application, Urbanists Collective have a seven-year track record of painting community murals throughout Visalia and Central California and have experience working with many municipalities throughout the West Coast. They are responsible City of Visalia Page 1 of 3 Printed on 2/22/2022
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File #: 22-0018 Agenda Date: 2/22/2022 Agenda #: 2.
have experience working with many municipalities throughout the West Coast. They are responsible for several murals downtown including the “Welcome to Downtown Visalia” mural.

Mural Agreement:

The City’s Mural Guidelines requires that the property owner and applicant enter into an agreement that identifies the terms and conditions under which the mural will be applied. A draft of the mural agreement is attached to this report as Attachment 5, should the City Council elect to approve the mural application.

Mural Panel Review:

In accordance with the City’s Mural Guidelines and Procedures, the Mural Panel consisting of a representative from the Arts Consortium (Ampelio Mejia Perez), Arts Visalia (Alison Schlick Miniaci), and a mayoral appointment (Walter Deissler) convened to review the application. The purpose of the Mural Panel is to assure compliance with local ordinances and the mural guidelines, and to determine whether the artist has the ability to produce a quality piece of art. All members of the Mural Panel together with the applicant and artist met on December 17, 2021 to discuss the mural.

The Panel felt that the mural was composed in compliance with the City’s Mural Guidelines (included as Attachment 6).

Following the Mural Panel’s review, staff requested that the applicant provide a rendering more closely corresponding to the building elevation and with the photo simulation removed (Attachment 7). A revised rendering was received on February 16, 2022. The new image contained slight modifications to the rendering’s arrangement and images, however staff found that the revision remained substantially consistent with the image and artwork originally received by and approved by the Mural Panel (Attachment 2). However, it is noted in the mural policy that each application must include “a 1:12 scale [1”=1 ft.-0”] sketch, rendering or photo of the proposed mural.” The sample submitted appeared to be a compilation of photos rather than a photo of a small version of the mural, a sketch or rendering. While staff submitted the sample for review by the Committee, in the future, all mural applications must fully comply with the mural guidelines.

Fiscal Impact:

No fiscal impact to the City. The applicant and artist are responsible for the installation, maintenance, and removal of the mural.

Prior Council Action:

No prior Council action related to mural proposals on this site.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the mural application for a mural on the east façade of the building located at 400 N. Johnson Street as shown in Attachment 2 and confirm that all future mural application examples must meet the requirements of the policy.

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File #: 22-0018 Agenda Date: 2/22/2022 Agenda #: 2.

Environmental Assessment Status:

The mural is considered Categorically Exempt under Section 15311 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA), as amended, due to the project being a placement of minor structure accessory to existing facilities including but not limited to signs.

CEQA Review:

Attachments:
· Attachment 1: Application
· Attachment 2: Rendering
· Attachment 3: Elevation of building prior to mural
· Attachment 4: Location map
· Attachment 5: Draft Mural Agreement
· Attachment 6: Mural Guidelines
· Attachment 7: Revised rendering with photo simulation removed City of Visalia Page 3 of 3 Printed on 2/22/2022
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Mural Proposal
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The Nest Mural
Location Map
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Vicinity Map
Photo Taken March 2020
Mural Location
!( Addresses

WATERWAYS

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CITY LIMITS

PARCELS
Goshen .

Caldwell
Hwy. 198
Riggin
Walnut
Houston
The project site is located on the east-facing wall of the building located at 400 N. Johnson Street. 159

MURAL INSTALLATION AND MAINTENANCE AGREEMENT
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MURAL INSTALLATION AND MAINTENANCE AGREEMENT
This MURAL INSTALLATION AND MAINTENANCE AGREEMENT (the
“Agreement”) is made this ___________, 2021, in the City of Visalia, County of Tulare, State of California, by and between Robert Willson Reniers III & Kristin Lesko (“Owner”), Erik Gonzalez (“Artist”) and the City of Visalia (“City”).

W I T N E S S E T H:

WHEREAS, City understands the importance of art in public places and the role that murals play in preserving our culture, conveying the history of our community, beautifying the city, and advancing the arts.

WHEREAS, murals are permitted under the City’s sign ordinance upon the issuance of a permit from City pursuant to Visalia Municipal Code § 17.48.040.

WHEREAS, pursuant to City’s Mural Guidelines and Procedures, murals meeting certain specification are allowed subject to review by the Mural Panel and final approval by the City Council in accordance with VMC § 17.48.040.

WHEREAS, pursuant to the City’s Mural Guidelines, following approval by the Mural Panel, Owner and Artist are required to provide to the City Manager, or his/her designee, evidence of an agreement which identifies the terms and conditions under which the mural will be applied; and
WHEREAS, to comply with the City’s mural guidelines, Owner, Artist, and City desire to execute an agreement establishing the Parties’ rights and responsibilities with respect to the installation, maintenance, and ownership of the mural.

NOW, THERFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

Article 1
Definitions

1.1 “Commercial” means words or images used elsewhere in the marketplace for the purpose of promoting a particular business, product, service, cause, place or brand.

1.2 “Commercial element” means art that by virtue of its location or proximity to a business may serve a minimal commercial purpose. If that art were in a different location, it would be considered pure art and not commercial in nature.

1.3 “Good condition” means that the mural is free of dirt, debris, and any other object or substance interfering with the public’s view of the mural. 160

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1.4 “Mural” means a sign as defined in Visalia Municipal Code, Chapter 17.48.

It is also generally described as a picture or representation, in any type of medium, on an exterior surface of a building, structure, fence or garden wall.

1.5 “Mural Panel” means the group of individuals approved by the City Manager to review applications to place murals in public places prior to presentation to Council.

Article 2
Owner’s Covenants

2.1 Authorization. Owner covenants that Owner owns the property located at 400 N. Johnson Street, Visalia, California, 93291 (the “Property”), is authorized to permit the mural’s installation upon the east-facing wall of the Property, and will permit Artist to do so following this Agreement’s execution.

2.2 Maintenance and Repair. Owner covenants to maintain and repair the mural during the term of this Agreement so that the mural is at all times in a state of good condition.

Article 3
Artist’s Covenants

3.1 Installation. Artist covenants to complete installation of the mural on the west-facing wall of the Property within 120 days after this Agreement’s execution.

3.2 Necessary Artistic Repairs. Artist covenants to assist Owner in making any necessary repairs to the mural’s artistic content, including, but not limited to, restoring a damaged portion of the mural’s content.

Article 4
Term, Termination, and Extension

4.1 Term. This Agreement shall have a term of ten (10) years from the date of execution, unless terminated pursuant to Article 4 or Article 8.

4.2 Owner’s Termination.Owner may elect to terminate this Agreement without any liability to Artist or City if Artist: (a) fails to install the mural as specified in this Agreement; or (b) fails to complete installation of the mural on the date required by Section 3.1 for any reason. In the event of such termination, Owner may elect to cover or remove those parts of the Mural that have been installed.

4.3 City’s Termination. City may elect to terminate this Agreement without any liability to Artist or Owner if the Mural is not maintained in accordance with Section

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4.4 Extension. The Parties hereto may mutually agree in writing to extend the term of this Agreement for successive five (5) or ten (10) year periods.

Article 5
Mural Specifications

5.1 Artistic Freedom. The provisions of this Article 5 shall not in any way limit or restrict Artist’s right to include content in the mural that is not commercial, indecent, or obscene.

5.2 Commercial Content. The mural shall not include an advertisement or be commercial in nature. Murals shall not contain copy, lettering, symbols or references directly to the promotion of any product, business, brand, organization, service, cause or place. Murals may contain limited commercial elements so long as they are not considered commercial speech with the purpose of promoting a commercial transaction.

5.3 Obscene and Indecent Content. The mural shall comply with City ordinances prohibiting indecency and obscenity in public.

5.4 Sponsor and Artist Identification. In no event shall the name of a sponsor, a sponsor product likeness, or the Artist’s signature individually comprise more than one (1) percent of the mural.

5.5 Configuration and Dimensions. The mural shall be of the same configuration and dimensions as the scale rendition preliminarily approved by the Mural Panel and Owner.

Article 6
Installation

6.1 Time of Installation. Artist shall begin installing the mural as soon as reasonably practicable after this Agreement’s execution.

6.2 Notice of Installation. Artist shall provide advance notice in writing to Owner of the date and time Artist intends to install the mural. Artist may thereafter proceed with the installation if Owner is not present, unless Owner notifies Artist in writing otherwise.

6.3 Materials. Artist shall be responsible for providing, at its cost, all materials necessary to install the mural.

6.4 Landscape Protection and Removal. Parties acknowledge that the site of the proposed mural does not contain landscaping. .

6.5 Application for Encroachment Permit. Artist shall determine whether installation of the mural requires an encroachment permit pursuant to Visalia Municipal 162

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Code § 12.12.010, which requires an encroachment permit for any work performed in the public right of way or utility easements in the City, and, if required, Artist shall acquire said permit prior to commencing the mural’s installation.

Article 7
Maintenance and Repairs

7.1 Maintenance and Repairs. Owner shall be responsible for maintaining the mural in good condition at all times while this Agreement is in force. If, for any reason, the mural is not so maintained, as determined by City, City shall notify Owner of the need to perform maintenance and/or repairs and identify the actions necessary for compliance with this provision. If, after thirty (30) days from the date of the City’s notification to Owner of the need for maintenance and/or repairs, Owner has not performed the actions identified by City as being necessary for compliance with this provision, City may enter Owner’s property and perform any necessary maintenance and/or repairs at Owner’s expense.

7.2. Access. Owner hereby grants City and Artist a right of access to the Property to paint the mural and to perform maintenance and repairs required pursuant to this Agreement, and otherwise to ensure the mural remains in good condition while this Agreement is in force. The license shall continue for a period of ten (10) years from the date of this Agreement’s execution.

Article 8
Removal

8.1 Removal by City. City may remove the mural at Owner’s expense if Owner fails to maintain the Mural in good condition as provided in Section 7.1.

8.2 Removal by Owner. Owner may remove the mural at Owner’s expense if Owner reasonably determines that the mural is harming the Property or limiting Owner’s ability to use the Property for the purpose for which it is intended; provided that Owner shall provide Artist and City with sixty (60) days’ notice that Owner intends to remove the mural at the end of the notice period. If possible, Owner shall work with Artist and City to find another suitable site for the mural.

Article 9
Insurance and Indemnification

9.1 Insurance. Owner or Artist shall obtain adequate insurance, both in type and amount, as determined by the City’s Risk Manager; provided however, that if either party is unable to obtain insurance coverage, then in lieu thereof the Owner and the Artist may agree to indemnify City pursuant to Section 9.2.

9.2 Indemnification and Coordination. Unless insurance coverage has been obtained in accordance with Section 9.1, Owner and Artist hereby agree:
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(i) to jointly and severally indemnify City for any costs the City incurs in connection with the mural caused by the actions of the Owner or Artist, their officers, employees, or agents, or any person who was under their control insofar as permitted by law. Further, Owner and Artist hereby agree to hold harmless, indemnify, and defend the City of Visalia, its officials, members, agents, and employees against any claims, costs, damages, demands, liability, and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of either party in connection with the mural, regardless of whether the city is actively negligent or passively negligent, except for those claims, costs, damages, demands, liability, and notices, or any of these, caused solely by the negligence or willful misconduct of City; and (ii) to cooperate with the City to respond to specific risks, hazards, and dangers to public health and safety that are reasonably foreseeable consequences of the activity contemplated by this Agreement.

Article 10
Intellectual Property

10.1 Ownership: City, its successors and assigns, shall own all rights in the mural except as specified below.

10.2 Copyright. Subject to the restrictions and usage rights and licenses granted to Owner hereunder, and unless otherwise agreed to by the parties in writing, Artist shall retain all 17 U.S.C. §106 copyrights in all original works of authorship produced under this Agreement. If Artist is comprised of two or more individual persons, the individual persons shall be deemed joint authors of the mural.

10.3 Owner’s Intellectual Property License. Artist hereby grants to Owner, and to Owner’s agents, authorized contractors and assigns, and to City an unlimited and irrevocable license to do the following with respect to the Mural:
(i) Owner may use and display the mural on the Property only. (ii) Owner and City may make, display, and distribute, and authorize the making, display, and distribution of photographs and other reproductions of the mural.

Owner and City may use such reproductions for any Owner-related or City-related purpose, including advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic, and multimedia publicity. Owner and City shall ensure that such reproductions are made in a professional and tasteful manner, in their sole and reasonable judgment. Owner and City shall make reasonable efforts to ensure that such reproductions include the following credit line and copyright notice where practicable: “[Title of Artwork]” © [Year of completion] by [Artist’s name]. Failure to include such credit line and notice in any reproductions shall not constitute a breach of this agreement. Neither Owner nor City may license or sublicense its rights for any private or 164

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commercial purpose. This license granted hereunder does not include the right to sell photographs or reproductions of the mural or to reproductions.

10.4 Third Party Infringement. Artist represents and warrants that the mural is the sole work of the Artist and does not infringe the intellectual property rights of any third parties. Neither Owner nor City is responsible for any third party infringement of Artist’s copyright or for protecting Artist’s intellectual property rights. Further, Artist agrees to indemnify Owner and City against any claims brought against Owner or City alleging that the mural infringes the intellectual property rights of any third parties.

10.5 Publicity. Owner and City shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reproduction and distribution of the mural. Artist shall be reasonably available to attend any ceremonies related to the mural.

10.6 Trademark. In the event that Owner’s or City’s use of the mural creates trademark, service mark or trade dress rights in connection with the mural, Owner and City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress.

10.7 Waiver of Artist’s Rights. With respect to the mural produced under this Agreement, and in consideration of the procedures and remedies specified in this Agreement, Artist hereby waives any and all claims, arising at any time and under any circumstances, against Owner and City, its officers, agents, employees, successors and assigns, arising under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987, et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§ 987, et seq., or any other type of moral right protecting the integrity of works of art. Specifically, Artist hereby waives any and all such claims against Owner or any future owners of the Property, and its agents, officers and employees, and City. Artist hereby represents and warrants that the Artist is authorized to sign this waiver.

Article 11
Miscellaneous Provisions

11.1 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL

ONE PARTY TO THIS AGREEMENT BE LIABLE TO THE OTHER PARTY FOR

ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES,

INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS

AGREEMENT, OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS

AGREEMENT, REGARDLESS OF WHETHER A CLAIM MADE BY THAT PARTY IS BASED ON CONTRACT OR TORT.

11.2 Survival. The provisions contained in Article 10 shall survive the expiration or termination of this Agreement.
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11.3 Modification and Amendment. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement.

11.4 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in Visalia.

11.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.

11.6 Entire Agreement. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written provisions.

11.7 Counterparts. This Agreement may be executed in multiple counterparts and signatures may be exchanged by facsimile or electronically, each of which shall be deemed to be an original document, and all of which together shall constitute one and the same document.

11.8 Relationship of the Parties. Nothing contained in the Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the Parties. The relationship between the Parties shall at all times be that of independent contractors. Neither Party shall have authority to contract for or bind the other in any manner whatsoever. The Agreement confers no rights upon either Party except those expressly granted herein.

11.9 Attorney Fees. In the event either party commences legal proceedings for the enforcement of this Agreement, the prevailing party shall be entitled to recovery of its attorney’s fees, litigation expenses, and court costs incurred in the action brought thereon. Attorney’s fees and litigation expenses shall include without limitation costs of preparation and discovery and retaining expert witnesses, and such fees and expenses shall be payable whether or not the litigation proceeds to final judgment. “Prevailing party” shall be defined as the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. When any party recovers other than monetary relief and in situations other than as specified herein, the prevailing party shall be as determined by the court.

11.10 Notices. Notices or other communications required by this Agreement will be sufficiently made or given if mailed by certified First Class United States mail, postage pre-paid, or by commercial carrier (e.g., FedEx, UPS, etc.) when the carrier maintains receipt or record of delivery, addressed to the address stated below, or to the last address specified in writing by the intended recipient. 166

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Owner: Robert Willson Reniers III & Kristin Lesko
3610 W, Royal Oaks Drive
Visalia, CA 93277
Artist: Urbanists Collective
Attn: Erik Gonzalez
5479 E. Childs Avenue
Merced, CA 95341
City City of Visalia,
Attn: Leslie Caviglia, City Manager
220 N. Santa Fe Street
Visalia, CA 93292
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.

Owner ______________________________ Robert Willson Reniers III & Kristin Lesko Artist ______________________________ Erik Gonzalez
Urbanists Collective
City
______________________________ Leslie Caviglia
City Manager
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1 CITY OF VISALIA

MURAL GUIDELINES AND PROCEDURES
INTRODUCTION:

Murals require the
issuance of a permit from the City pursuant to VMC §17.48.030. Murals which are non-commercial, contain no advertising copy and which do not function as an advertisement are allowed, subject to review by the Mural Panel and final approval by the City Council (VMC §17.48.040(S).). These guidelines are provided to assist mural applicants through the process prior to presentation to City Council.

PURPOSE
desire to install murals in Visalia public places. The City of Visalia understands the importance of art in public places and the role that murals play in preserving our culture, conveying the history of our community, beautifying the city and advancing the arts. These guidelines will provide direction to applicants wishing to install murals in public places.

DEFINITIONS:

Parks Parks and Recreation Commission which is
responsible for City of Visalia Parks.
onsible for
approving variances in the sign ordinance.
public.
words or images used elsewhere in the marketplace for the purpose of promoting a particular business, product, service, cause, place or brand. art that by virtue of its location or proximity to a
business may serve a minimal commercial purpose. If that art were in a different location, it would be considered pure art and not commercial in nature. as a picture or representation, in any type of medium, on an exterior surface of a building, structure, fence or garden wall.
applications to place murals in public places prior to presentation to Council. Mural Panel will be comprised of one (1) representative from the Arts Consortium, one (1) representative from Arts Visalia, and one (1) representative appointed by the Mayor.

In all cases, the person appointed should have no involvement/conflict of interest with the mural under consideration. The representatives will be appointed by the Chair of these organizations and the Mayor upon the receipt of a Mural Application. 168
2 accepted, found to be in good
order and complete and the proposed mural is deemed appropriate by the mural panel.

GENERAL GUIDELINES:

1. and must not
include an advertisement or be commercial in nature. This will in no way limit include speech and/or artistic expression in a
mural that is not commercial as defined above. All murals must comply with City ordinances that prohibit indecency or obscenity in public.

2. Murals shall not contain copy, lettering, symbols or references directly to the promotion of any product, business, brand, organization, service, cause or place. Murals may contain limited commercial elements so long as they are not considered commercial speech with the purpose of promoting a commercial transaction. For those mural applications that may contain limited commercial elements, the Mural Panel will ask the question If the business on which the mural is located were to move, would the mural still be good quality art and something the community would want to remain? If so, the mural is not considered commercial speech or advertisement but rather pure art.

3. Murals shall not be merely an extension or enlargement of a sign. If the theme of the mural is to promote a business, brand, organization, service, cause or place, it shall meet all requirements of the City of Visalia sign ordinance. If the proposed mural is determined to be commercial in nature and is therefore deemed by the Mural Panel to be a form of advertisement, the Mural Application will be referred to the City of Visalia Planning Department for a variance in the sign ordinance. That application will then follow their process for review and approval.

4. Not more than 1% of the mural will contain the name of a sponsor and/or sponsor product likeness.
the mural.

5. Temporary Murals will receive, as is reasonably practicable, expedited review by the Mural Panel. Temporary murals shall be required to comply with the provisions of these guidelines, and will be removed no later than one year after completed. After one year, if there is a desire for the mural to remain in place, the owner will resubmit a mural application and follow the standard process as outlined herein.

6. Mural artists will be required to demonstrate their ability and experience to create high quality, well designed and well executed murals and/or art. The artist must provide the Mural Panel a portfolio of work that is reflective of the style of the proposed mural. This will be used to help determine whether the artist will be able to uphold the standards for quality art within the City of Visalia. For those artists without a portfolio of work, the Mural Panel will consider other presented forms of art that demonstrate an ability to create a quality mural.
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3 7. New murals erected without receiving proper approval and that did not go through the Mural Application and Approval Process, will be required to retroactively go through the Process. Property owners will have 30 days after receiving notification to submit a mural application after which the mural will be deemed a sign and subject to all permitting requirements of VMC 17.48. The retroactive mural applications will be required to comply with all Mural Guidelines and must receive City Council approval. Murals that fail to be approved will be removed within 30 days after the denial at the property owners expense.

APPLICATION AND APPROVAL PROCESS:

STEP 1: Muralist(s) must obtain an application from the Community Development Department office at 315 E. Acequia Ave. or online at www.visalia.city. The time required to process a mural application will vary but will be a maximum of 90 days from application submittal. The application will provide information to the City regarding location, size, concept and content of the mural, type of paint/media, owner of the building where the mural will be located, artist(s), dates of application, individuals who will be responsible for maintenance. The application must be signed by the individual/group proposing to place the mural, as well as the property owner where the mural will be placed and submitted to the City Manager or - sketch, rendering or photo of the proposed mural.

STEP 2: The application and mural rendering must be reviewed and approved by the Mural Panel and the owner of the property where the mural is proposed to be placed. The review will be conducted to assure compliance with local ordinances and regulations, these guidelines, and the ability of the artist(s) proposing the mural to produce a quality mural. If the mural receives preliminary approval, it will move forward in the process.

Any mural that is to be installed in or on a community center or park, except Convention Center, must, in addition to review by the Mural Panel, be reviewed by the Parks Commission prior to submission to the Visalia City Council for final approval.

STEP 3: After receiving preliminary approval, the artist will then be required to provide for review their portfolio of work that is reflective of the proposed mural. The Mural Panel will use the portfolio of work to help determine whether the artist has the technical skill and ability to produce a quality mural within the City of Visalia. If the artist is unable to provide a portfolio of work, at a minimum, the artist will be required to provide evidence of artistic talent that satisfies the Mural Panel as to the skill and ability of the artist to create a mural that is of good quality.

STEP 4: Mural Panel will
make a recommendation to the City Council for approval of the mural application which is the final approval step.
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4 MURAL AGREEMENT:

Following approval by the Mural Panel, whether the mural will be placed on public or private property, the property owner and applicant(s) will be required to provide to the City Manager, or his/her designee, evidence of a proposed agreement which identifies the terms and conditions under which the mural will be applied. These terms and conditions include, but are not limited to:

A. Specifications regarding the mural (location, size, concept and content of the mural, type of paint/media);
B. Application for Encroachment Permit if necessary;
C. Identification of ownership of the mural image and use thereof; D. Expected timeframe for completion;
E. Long term mural maintenance;
F. Circumstances under which the mural may be removed by the City and/or property owner (i.e. lack of maintenance or in disrepair);
G. Proof of Liability Insurance;
H. Landscape removal and replacement or protection, if any; The proposed agreement will be provided to the Mural Panel and will be submitted to City Council along with the recommendation of the Mural Panel and, if necessary, the Park Commission.

APPEAL TO CITY COUNCIL:

In the event the Mural Panel and/or the Park Commission determines the proposed mural does not comply with the parameters of these guidelines or other City ordinances and regulations, and therefore determines to withhold its approval, applicant(s) may apply for a variance as authorized by VMC section 17.48.040(P) and outlined in VMC section 17.48.110. FINAL INSPECTION AND ACCEPTANCE:

The City reserves the right to inspect the mural during installation and upon completion to ensure that the final product is in compliance with the approved mural application. Should it be found that the mural is not in compliance, the artist and property owner will be notified and given 30 days to remedy the situation. Should the property owner and/or artist fail to make the necessary corrections, the mural will be deemed out of compliance and will be removed at the expense of the property owner and/or artist.

Revised 3-05-14
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172
City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0038 Agenda Date: 2/22/2022 Agenda #: 3.

Agenda Item Wording:

Accept and appropriate $1,757,000 of Congestion Mitigation and Air Quality (CMAQ) funds awarded for the Traffic Signal Interconnect Project at various locations and for the Burke Street and St. John’s Parkway Traffic Signal; 2) Appropriate $452,000 from the Measure R Regional Fund (133); and 3) Authorize the City Manager to execute Measure R Supplement Agreements with the Tulare County Association of Governments (TCAG) to utilize $452,000 of Measure R Regional funds for the projects specified in this agenda.

Deadline for Action: None.

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

Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Eric Bons, Senior Civil Engineer, [email protected], 713-4350 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) Receive and appropriate CMAQ funds awarded in the total amount of $1,757,000 for the following projects:
a. $1,097,000 Traffic Signal Interconnect Project at various locations: Houston Ave,, Demaree St., and Ben Maddox Way
b. $660,000 Traffic Signal at Burke St. and St. John’s Parkway Project. 2) Authorize the appropriation of $452,000 from the Measure R Regional Fund (133) for projects:
a. $247,000 Traffic Signal Interconnect Project at various locations: Houston Ave., Demaree St., and Ben Maddox Way
b. $205,000 Traffic Signal at Burke St. and St. John’s Parkway Project. 3) Authorize the City Manager to execute Measure R Supplement Agreements with the Tulare County Association of Governments (TCAG) to utilize $452,000 of Measure R Regional funds for the projects outlined in this agenda.

Background Discussion:

TCAG issued a call for projects on November 19, 2020 to announce that CMAQ funds in the amount of $10 million were available for local agencies in Tulare County. City of Visalia Council approved at the Council meeting held on December 21, 2020 the submission of funding applications to TCAG for consideration of CMAQ funding to include traffic signal interconnect projects at various locations and the installation of a traffic signal at Burke St. and St. John’s Parkway. The Tulare County Association of Governments (TCAG) Board approved at the Board meeting held on February 22, 2021 the award of CMAQ funding for various projects. The City requested and was awarded a combined total of City of Visalia Page 1 of 4 Printed on 2/22/2022
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File #: 22-0038 Agenda Date: 2/22/2022 Agenda #: 3.
of CMAQ funding for various projects. The City requested and was awarded a combined total of $1,757,000 for the signalization projects discussed in this agenda.

Traffic Signal Interconnect Projects
City staff submitted separate CMAQ applications for the traffic signal interconnect projects listed below.

Houston Avenue Traffic Signal Interconnect Project
Project Description/Scope: On Houston Avenue between Demaree Street and Giddings Street; install fiber optic cable within existing traffic signal conduit.

Demaree Street Signal Interconnect Project
Project Description/Scope: On Demaree Street between Campus Avenue and Caldwell Avenue; install fiber optic cable within existing traffic signal conduit.

Ben Maddox Way Traffic Signal Interconnect Project
Project Description/Scope: On Ben Maddox Way between Goshen Avenue and St. John’s Parkway; install fiber optic cable within existing traffic signal conduit.

Akers Street Traffic Interconnect Plan Project
Project Description/Scope: On Houston Avenue between Demaree Street and Giddings Street; install fiber optic cable within existing traffic signal conduit.

From the four (4) projects listed above, the first three (3) were awarded CMAQ funds for traffic signal interconnect along Houston Avenue, Demaree Street and Ben Maddox Way. The proposed Akers Street Traffic Interconnect Plan project did not receive an award of funds. City staff is looking into an alternative funding source for the Akers Street Traffic Interconnect Plan and will return to Council at a future Council meeting to identify a funding source and request an appropriation of funds.

The three (3) traffic signal interconnect projects awarded for CMAQ funds are being combined into one (1) project to allow construction to be bid out as one (1) project, resulting in efficiencies from less staff time spent in the construction procurement process.

Traffic Signal Project
City staff submitted and was awarded CMAQ funds for the installation of a traffic signal at the intersection of Burke Street and St. John’s Parkway. This intersection met the traffic signal warrants and was identified as one of the next intersections to be signalized replacing the existing all-way stop controls.

Burke Street and St. John’s Parkway Traffic Signal
Project Description/Scope: At the intersection of Burke Street and St. John’s Parkway; installation of traffic signal and connection to existing signal interconnect network at Ben Maddox and St. John’s Parkway.

Fiscal Impact:

In order for staff to begin implementing the projects, funds necessary to complete the projects need to be appropriated. Staff recommends to receive and appropriate the CMAQ funds in the amount of $1,757,000, . In addition, staff recommends the appropriation of Measure R Regional Funds (133), City of Visalia Page 2 of 4 Printed on 2/22/2022 powered by Legistar™174
File #: 22-0038 Agenda Date: 2/22/2022 Agenda #: 3.
$1,757,000, . In addition, staff recommends the appropriation of Measure R Regional Funds (133), combined total of $452,000 as match funds. CMAQ funds will be applied to the construction phase of each project listed and Measure R Regional funds will be utilized to fund the design and utility relocations costs as needed. In order to allocate Measure R Regional Funds towards a specific project, a Supplement Agreement is required to be executed by the City Manager with TCAG based on the amount of Measure R funds approved by City Council.

Below is a budget summary for each project:

Traffic Signal Interconnect Project at various locations: Houston Ave., Demaree St., and Ben Maddox Way:

Cost Estimate CMAQ Funds (281) MR Regional Funds (133)
Design $247,000 $0 $247,000
Construction $1,097,000 $1,097,000 $0
Total: $1,344,000 $1,097,000 $247,000
Traffic Signal at Burke Street and St. John’s Parkway:

Cost Estimate CMAQ Funds (281) MR Regional Funds (133)
Design $127,000 $0 $127,000
Utility relocations $78,000 $0 $78,000
Construction $660,000 $660,000 $0
Total: $865,000 $660,000 $205,000
Prior Council Action:

December 21, 2020
Authorized submission of Congestion Mitigation and Air Quality (CMAQ) funding applications to Tulare County Association of Governments (TCAG) for multiple capital improvement projects.

Alternatives:

Not accept CMAQ awarded funds.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the appropriation of CMAQ funds (281) of $1,757,000 and Measure R Regional funds (133) of $452,000, and authorize the City Manager to execute a Supplement Agreement with TCAG to allocate $452,000 of Measure R Regional funds to the projects specified within the report.

Environmental Assessment Status:

In progress.

CEQA Review:

Project requires NEPA (National Environmental Policy Act) for federal aid projects. NEPA is in progress
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File #: 22-0038 Agenda Date: 2/22/2022 Agenda #: 3.

Attachments:

1. Measure R Supplement Agreement for the Traffic Signal Interconnect Project at various locations:

Houston Ave., Demaree St., and Ben Maddox Way

2. Measure R Supplement Agreement for the Traffic Signal at Burke St. and St. John’s Parkway

3. Location Map of the Traffic Signal Interconnect Project A. Houston Ave. Signal Interconnect
B. Demaree St. Signal Interconnect
C. Ben Maddox Way Signal Interconnect

4. Location Map of the Traffic Signal at Burke St. and John’s Parkway Project City of Visalia Page 4 of 4 Printed on 2/22/2022
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MEASURE R PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
AUTHORITY Agreement No.__________________
This Program Supplement (Program Supplement) is made and entered into on ________________, by and between the __City of Visalia ______________ (SPONSOR) and the Tulare County Association of Governments, acting as the Local Transportation Authority (AUTHORITY).

This Program Supp for
Measure R Expenditures which was entered into between the SPONSOR and AUTHORITY on June 04, 2007 and is subject to all terms and conditions thereof.

This Program Supplement is executed under authority by a vote of the City Council on _February 22, 2022_.

Sponsor and Authority for Project: __Traffic Signal Interconnect Project at various locations: Houston Ave., Demaree St., and Ben Maddox Way.

Covenants of SPONSOR

1.1 By entering into this Program Supplement, SPONSOR agrees that it will only proceed with work authorized for specific phase(s) of the Project Pro other AUTHORITY approval and will not proceed with future phase(s) of this P other
AUTHORITY approval.

1.2 The SPONSOR will advertise, award, and administer the Project(s) in accordance with SPONSOR standards.

1.3 Contract award information shall be submitted by the SPONSOR to the AUTHORITY within 60 days after the Project contract award.

1.4 Failure to submit contract award information in accordance with section 1.3 will cause a delay (without interest or penalties) in AUTHORITY processing invoices for the construction phase of the Project.

1.5 If no costs have been invoiced for a six-month period, SPONSOR agrees to submit for each phase a written explanation of the absence of Project(s) activity along with target billing date and target billing amount.
177
IN WITNESS WHEREOF, the undersigned Parties have executed this Program Supplement on the day and year first written above.

COUNTY OF TULARE TRANSPORTATION AUTHORITY
By: _____________________________________ Attest:__________________________ Authority Director Authority Finance Director

CITY OF VISALIA
By:______________________________________ Attest:_________________________________ City Manager Chief Deputy City Clerk
178

MEASURE R PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
AUTHORITY Agreement No.__________________
Attachment A
Project Name____Traffic Signal Interconnect Project at various locations: Houston Ave., Demaree St., and Ben Maddox Way _________
Project Scope
Design and installation of fiber optic cable within existing traffic signal conduit along Houston Ave. between Demaree Street and Giddings Street, along Demaree Street between Campus Avenue and Caldwell Avenue, and along Ben Maddox Way between Goshen Avenue and St.

Project Schedule
Preliminary Engineering February 2022
Construction May 2023
Sources and Use of Funds
Funding Source CMAQ MR
PS&E $0 $247,000
Construction $1,097,000 $0
Total Funding $1,097,000 $247,000
179

MEASURE R PROGRAM SUPPLEMENT TO

This Program Supp for
Measure R Expenditures which was entered into between the SPONSOR and AUTHORITY on June 04, 2007 and is subject to all terms and conditions thereof.

This Program Supplement is executed under authority by a vote of the City Council on _February 22, 2022_.

Sponsor and Authority for Project: __Traffic Signal Parkway.

Covenants of SPONSOR

1.1 By entering into this Program Supplement, SPONSOR agrees that it will only proceed with work authorized for specific phase(s) of the Project other AUTHORITY approval and will not proceed with future phase(s) of this P other
AUTHORITY approval.

1.2 The SPONSOR will advertise, award, and administer the Project(s) in accordance with SPONSOR standards.

1.3 Contract award information shall be submitted by the SPONSOR to the AUTHORITY within 60 days after the Project contract award.

1.5 If no costs have been invoiced for a six-month period, SPONSOR agrees to submit for each phase a written explanation of the absence of Project(s) activity along with target billing date and target billing amount.
180
IN WITNESS WHEREOF, the undersigned Parties have executed this Program Supplement on the day and year first written above.

COUNTY OF TULARE TRANSPORTATION AUTHORITY
By: _____________________________________ Attest:__________________________ Authority Director Authority Finance Director

CITY OF VISALIA
By:______________________________________ Attest:_________________________________ City Manager Chief Deputy City Clerk
181

MEASURE R PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
AUTHORITY Agreement No.__________________
Attachment A
Project Name____Traffic Signal _________ Project Scope
Design and installation of
of interconnect conduit with cabling along en
Maddox Way.

Project Schedule
Preliminary Engineering February 2022
Utility relocations February 2023
Construction May 2023
Sources and Use of Funds
Funding Source CMAQ MR
PS&E $0 $127,000
Utility relocations $0 $78,000
Construction $660,000 $0
Total Funding $660,000 $205,000
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Ave E Grove Ave
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Dr E Margalo Ave Ave
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Ave
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E Murray Ave E Race Ave W Murray Ave W Olive Ave W Myrtle Ave W Noble Ave E Sequoia Ave E Kaweah Ave Ave E Chavez Ave
Kaweah Acequia Ct
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Ave E Grove Ave
E Modoc Ave E Vine Ave E Cecil Ave
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E Atkins E Margalo Ave Ave
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E Murray Ave E Race Ave
Ave E Chavez Ave E Roosevelt Ct
W Shannon Pkwy
E Roosevelt Ave E Goshen Ave
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City of Visalia
Staff Report
707 W. Acequia
Visalia, CA
File #: 22-0042 Agenda Date: 2/22/2022 Agenda #: 4.

Agenda Item Wording:

Authorize the acceptance of the 2021 State Homeland Security Grant Program (SHSGP) award and appropriate funding from the General Fund in the amount of $42,580 for the purchase of six (6) Handheld Thermal Imaging Cameras (TIC) with Charger Base and 2 Batteries each.

Deadline for Action: 2/22/2022
Submitting Department: Fire Department
Contact Name and Phone Number: Crissy Balderama, x4513; Dan Griswold, x4220; Tom Van Grouw, x4544
Department Recommendation:

It is recommended that the City Council authorize staff to accept the 2021 State Homeland Security Grant Program (SHSGP) award and appropriate funding from the General Fund in the amount of $42,580 for the purchase of six (6) Handheld Thermal Imaging Cameras (TIC) with Charger Base and 2 Batteries each.

Background Discussion:

As a result of the 2001 terrorist attacks on the United States, the State of California, and the Department of Homeland Security developed programs to assist government agencies with emergency preparedness activities and/or equipment. Since 2001, Tulare County Office of Emergency Services has been the intermediate recipient of these funds, disbursing them to cities and other agencies based upon agency and area needs. One of these programs is the State Homeland Security Grant Program. The grant is submitted and managed by the Tulare County Office of Emergency Services. If the grant is awarded to the County, the County disburses funding among local agencies based upon needs in the operational area.

For 2021, Tulare County received a total of $547,060 from the California Governor's Office of Emergency Services. Of this amount, the Visalia Fire Department will receive $42,580. The funding will be used for the purchase of six (6) thermal imaging cameras with charger base and 2 Batteries each. This project enhances response and assessment capabilities during structure fire response, rescue incidents, hazardous materials response.

Thermal imaging cameras show heat differentia and are used to look for fire and heat in ceilings and walls, to identify the seat of the fire, and to locate victims or downed firefighters in buildings. Thermal imaging cameras can also be used during motor vehicle accidents, other rescue incidents, and during hazardous materials responses. Specific to hazardous materials incidents, thermal imaging cameras can be used to identify the amount of hazardous material in a container, to identify if a pressurized container is leaking, and to identify the area of leaked product into a body of water. This information is all important for identifying the best method for mitigation.

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File #: 22-0042 Agenda Date: 2/22/2022 Agenda #: 4.

Visalia Fire Department currently has a thermal imaging camera assigned to each of the department’s six fire engines, the ladder truck, and the Hazardous Materials unit, for a total of eight cameras. The department’s current cameras are between seven and 13 years old. Some of the department’s current TIC were purchased refurbished, and are becoming costly, or unable, to be repaired. The State Homeland Security Grant award will allow Visalia Fire Department to replace six thermal imaging cameras. The remaining two cameras have been submitted to be replaced in the General Fund six year capital plan.

Fiscal Impact:

Staff is requesting to appropriate $42,580 from the General Fund to purchase six (6) Handheld Thermal Imaging Cameras with Charger Base and 2 Batteries each. All expenses will be reimbursed by State Office of Homeland Security and Tulare County Office of Emergency Services (OES).

Prior Council Action: N/A
Other: N/A
Alternatives: Council can choose to decline the State Homeland Security Grant Program Award and seek funding for this project through the General Fund Capital Improvement Project process.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to accept the 2021 State Homeland Security Grant Program (SHSGP) award and appropriate funding from the General Fund in the amount of $42,580 for the purchase of six (6) Handheld Thermal Imaging Cameras with Charger Base and 2 Batteries each.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. FY21 SHSGP VFD Notification of Sub Recipient Award and Binder. 2. FY21 SHSGP VFD Assurances with Non-County Entities
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1 Subaward Agreement Regarding FY 2021 State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises THIS AGREEMENT is entered into by and between the County of Tulare (“COUNTY”) and City of Visalia (“SUBRECIPIENT”), referred to individually herein as “Party” or collectively as “Parties,” on the following terms and conditions:

WHEREAS, the Fiscal Year 2021 (“FY 2021”) California State Homeland Security Grant Program (“SHSGP”) provides funding through Federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training, and exercise-related costs;
WHEREAS, COUNTY applied to the California Governor’s Office of Emergency Services (“CalOES”) for a FY 2021 SHSGP grant;
WHEREAS, as part of its grant application, COUNTY requested sufficient funds to support certain activity(ies) or program(s) planned by SUBRECIPIENT that may be eligible for SHSGP grant funds; WHEREAS, COUNTY was awarded FY 2021 SHSGP grant funding; and COUNTY, upon recommendation of the local Approval Authority designated in the SHSGP Guidelines, determined to allocate some of this funding to support SUBRECIPIENT’S eligible program(s) or activity(ies).

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

1. GRANT SUBAWARD. Subject to the terms, conditions, and other limitations specified herein, COUNTY intends to subaward to SUBRECIPIENT a portion of its FY 2021 SHSGP Grant for the following program and/or activity:

Department/Agency: City of Visalia Fire Department
Program/Activity: (6) Thermal Imagers with XT Charger Base and 2 Batteries Details about the specific program or activity authorized, the amounts allocated to the specified program or activity, and the anticipated performance and disbursement timelines shall be confirmed by subsequent award letter(s) from COUNTY (“Award Letter(s)”) in accordance with this Agreement.

SUBRECIPIENT agrees not to expend any anticipated FY 2021 SHSGP grant funds until after it has received [an] Award Letter(s) authorizing the specific activity or program, and confirming the award amount. Award Letter(s) may include attachments, which are considered to be integral parts of the Award Letter(s). Unless SUBRECIPIENT notifies COUNTY before it begins spending the funds authorized in a FY 2021 SHSGP Award Letter that it declines some or all of the program, activity, and/or funds outlined in the Award Letter, SUBRECIPIENT will be deemed to have accepted all of the terms and conditions specified in the Award Letter(s), including any applicable attachments.

COUNTY reserves the exclusive right to determine the method and timing of disbursement of SHSGP funds to SUBRECIPIENT. Furthermore, and in addition to all other rights provided to COUNTY under 189
2 this Agreement or the law, COUNTY reserves the right to, issue revised Award Letter(s) to modify SUBRECIPIENT’s authorized program, activity, award amounts, and/or performance periods, in accordance with the recommendations of the Local Approval Authority, the changing needs of SUBRECIPIENT and/or the likelihood of SUBRECIPIENT expending its subaward; however, such modifications will only be made after consultation with SUBRECIPIENT, and in accordance with the recommendations of the Local Approval Authority.

2. PERFORMANCE PERIOD. SUBRECIPIENT’s Performance Period for all activities covered by the terms of this Agreement shall commence on October 1, 2021. Unless COUNTY specifies otherwise in SUBRECIPIENT’s Award Letter(s), SUBRECIPIENT’s Performance Period for all activities covered by the terms of this Agreement shall continue until whichever of the following dates or events occurs first: (i) April 30, 2023, or (ii) until otherwise terminated under the provisions of this Agreement. Only activities performed during the County-specified FY 2021 SHSGP Performance Period are eligible for funding/reimbursement pursuant to this Agreement.

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

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

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

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

5. DISPOSAL OR DISPOSITION OF PROPERTY. SUBRECIPIENT acknowledges that pursuant to 2 CFR section 200.316, any real property, equipment, and intangible property that are acquired or improved 190
3 with any SHSGP award must be held in trust by SUBRECIPIENT as trustee for the beneficiaries of the project or program under which the property was acquired or improved. SUBRECIPIENT may be required by COUNTY, CalOES, or the federal government to record liens or other appropriate notices of record to indicate that personal or real property has been acquired or improved with the SHSGP award and that use and disposition conditions apply to the property.

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

6. SUBAWARDS AND CONTRACTS. With the understanding that not all provisions may be applicable to subawardees, SUBRECIPIENT agrees to include all of the commitments specified in Exhibit A, and any other commitments or requirements included in this Agreement that expressly so designate, in the award documents it issues for all subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts. SUBRECIPIENT further agrees that it will include the commitments in Exhibit A in all contracts paid for in full or part with FY 2021 SGHSGP funds.

7. DESIGNATED COUNTY AUTHORIZED AGENT. Only those individuals designated by resolution of the Tulare County Board of Supervisors as Authorized Agents for FY 2021 SHSGP (“COUNTY Authorized Agents”) are authorized to sign FY 2021 SHSGP Award Letters on behalf of COUNTY, or to suspend performance in accordance with Paragraph 16(d), below. All other notices from COUNTY may come from other COUNTY personnel.

8. PROOF OF SUBRECIPIENT AUTHORITY. Before this Agreement will be approved by COUNTY, SUBRECIPIENT must provide to COUNTY written authorization (in the form of a resolution, or some other format specifically authorized by COUNTY) from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the SUBRECIPIENT and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of performance of this Agreement shall be the responsibility of the SUBRECIPIENT and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) SUBRECIPIENT is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial, and financial capability (including funds sufficient to pay the non-federal share of project cost, if any_ to ensure proper planning, management, and completion of the project described in this application; and (e) Official executing this Agreement is authorized by the SUBRECIPIENT. 191
4 9. DISALLOWANCE AND OFFSET. If, pursuant to this Agreement, SUBRECIPIENT requests or receives payment from COUNTY for programs, activities, or equipment, the reimbursement for which is later disallowed by the State of California or the United States Government, SUBRECIPIENT shall promptly refund the disallowed amount to COUNTY upon COUNTY’s request. At its option, and to the fullest extent permitted by law, COUNTY may offset the amount disallowed from any payment due or to become due to SUBRECIPIENT under this Agreement or any other agreement between SUBRECIPIENT or COUNTY.

Furthermore, if any of COUNTY’s FY 2021 SHSGP grant funding is reduced, modified, or eliminated for any reason, COUNTY reserves the right to reduce, modify, or eliminate any or all of this FY 2021 SHSGP grant subaward to SUBRECIPIENT. SUBRECIPIENT agrees to promptly return any amounts requested by COUNTY in accordance with this provision. At its option, COUNTY may offset the amount to be returned by SUBRECIPIENT from any payment due or to become due to SUBRECIPIENT under this Agreement or any other agreement between SUBRECIPIENT and COUNTY.

10. MONITORING AND REPORTS. SUBRECIPIENT is responsible for oversight of the operations of the FY 2021 SHSGP supported activities. SUBRECPIENT must monitor its activities to ensure compliance with applicable Federal requirements and achievement of specific performance expectations.

SUBRECIPIENT’s monitoring must cover each program, function or activity supported by FY 2021 SHSGP funding.

SUBRECIPIENT agrees to provide ongoing performance and financial reports regarding any and all of SUBRECIPIENT’s programs and activities funded with FY 2021 SHSGP funding. At a minimum, these reports will be due on an annual basis, but COUNTY reserves the right to request more frequent reporting.

Within 90 days of completion or termination of FY 2021 SHSGP funded subawards, SUBRECIPIENT is also expected to provide a final performance report and a final expenditure report in a format acceptable to COUNTY, State, and the Federal government. SUBRECIPIENT will be notified of any additional required reports by separate Award Letter(s) or notice(s) from COUNTY.

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

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

12. SUBMITTING FALSE CLAIMS. Under applicable federal and state law, if SUBRECIPIENT submits a false claim to COUNTY under this Agreement, then SUBRECIPIENT will be liable to COUNTY for the statutory penalties set forth in those statutes, including, but not limited to statutory fines, treble damages, costs, and attorneys’ fees. SUBRECIPIENT will be deemed to have submitted a false claim to COUNTY if SUBRECIPIENT:
(a) Knowingly presents or causes to be presented to COUNTY a false claim or request for payment or approval;
(b) Knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by COUNTY;
(c) Conspires to defraud COUNTY, State, or the Federal Government by getting a false claim 192
5 allowed or paid by COUNTY;
(d) Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to COUNTY; or (e) Is a beneficiary of an inadvertent submission of a false claim to COUNTY, later discovers the falsity of the claim, and fails to disclose the false claim to COUNTY within a reasonable time after discovery of the false claim.

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

14. LIABILITY OF COUNTY. COUNTY’s payment obligations to SUBRECIPIENT for FY 2021 SHSGP funds are limited by all provisions and other requirements specified in this Agreement. Notwithstanding any other provision of this Agreement, in no event shall COUNTY be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages arising out of or in connection with this Agreement, including, but not limited to, lost profits, equipment purchased, or activities performed in connection with this Agreement.

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

SUBRECIPIENT’S obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an Indemnified Party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, then SUBRECIPIENT’S indemnification obligation shall be reduced in proportion to the established comparative liability.
(b) The duty to defend is a separate and distinct obligation from SUBRECIPIENT’S duty to indemnify. SUBRECIPIENT shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, the Indemnified Parties immediately upon tender to SUBRECIPIENT of the Claim in any form 193
6 or at any stage of an action or proceeding, whether or not liability is established. Payment to SUBRECIPIENT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party cannot be a condition precedent to enforcing the Indemnified Party's rights to defense or indemnification under this Agreement. An allegation or determination that persons other than SUBRECIPIENT are responsible for the Claim does not relieve SUBRECIPIENT from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if SUBRECIPIENT asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of an Indemnified Party, then SUBRECIPIENT may submit a claim to the COUNTY for reimbursement of reasonable attorneys’ fees and defense costs in proportion to the established comparative liability of the Indemnified Party. SUBRECIPIENT'S indemnification obligations under this Agreement will survive the expiration or earlier termination of this Agreement until action against the Indemnified Parties for the matter indemnified is fully and finally barred by the applicable statute of limitations or statute of repose. SUBRECIPIENT'S liability for indemnification under this Agreement is in addition to any liability SUBRECIPIENT may have to COUNTY for a breach by SUBRECIPIENT of any of the provisions of this Agreement. Under no circumstances may the insurance requirements and limits set forth in this Agreement be construed to limit SUBRECIPIENT'S indemnification obligation or other liability under this Agreement. The terms of this Agreement are contractual and the result of negotiation between the Parties. (c) SUBRECIPIENT must indemnify and hold COUNTY harmless from all loss and liability, including attorneys’ fees, court costs and all other litigation expenses, for any infringement of the patent rights, copyright, trade secret or any other proprietary right or trademark, and all other intellectual property claims of any person or persons in consequence of the use by COUNTY, or any of its officers or agents, of articles or services to be supplied in the performance of this Agreement.

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

COUNTY will not impose sanctions on SUBRECIPIENT for a termination for convenience. (b) With Cause: Either party may terminate this Agreement immediately, by written notice to the other Party, should the other Party:
(1) be adjudged a bankrupt, or
(2) become insolvent or have a receiver appointed, or
(3) make a general assignment for the benefit of creditors, or 194
7 (4) suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this Agreement.

COUNTY also reserves the right to immediately suspend and/or to terminate this Agreement, for cause, upon discovery of a material breach by SUBRECIPIENT. A material breach includes, but is not limited to, (i) SUBRECIPIENT’s failure to comply with the terms and conditions of this Agreement or of any Award Letter(s) issued by COUNTY; (ii) a material misrepresentation by SUBRECIPIENT to COUNTY in relation to this grant program; or (iii) failure to comply with all applicable laws or regulations. COUNTY will provide written notice of the material breach and its determination to either suspend or terminate the contract, specifying the date of termination. At COUNTY’s sole discretion, COUNTY may provide SUBRECIPIENT with a reasonable period of time to cure the breach. If COUNTY terminates this Agreement for cause, COUNTY reserves the right to reduce, modify, or eliminate any or all of this subaward and any other outstanding SHSGP subawards to SUBRECIPIENT. Upon demand by COUNTY, SUBRECIPIENT agrees to immediately return FY 2021 SHSGP funding that has been disbursed to SUBRECIPIENT and which remains in SUBRECIPIENT’s possession at the time this Agreement is terminated. In addition, the payment of any grant funds that have yet to be disbursed for work already completed by SUBRECIPIENT under this Agreement remains subject to the restrictions on payments otherwise provided in this Agreement and by law, and is further conditioned on COUNTY’s confirmation of SUBRECIPIENT’s satisfactory completion of the activities or programs specified in this Agreement and any related Award Letter(s).

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

17. RECORDS. SUBRECIPIENT shall maintain complete and accurate records with respect to the activities, programs, and/or purchases funded by or related to FY 2021 SHSGP funding and/or this Agreement, including all records relating to procurement of goods and services. In addition, 195
8 SUBRECIPIENT shall maintain complete and accurate records with respect to any payments to employees, subawardees, contractors, or subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures and any applicable procedures required by the COUNTY or the federal or state government. All applicable records shall be clearly identified, maintained on site, and be kept readily accessible.

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

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

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

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

COUNTY: With a Copy To:

Andrew Lockman
Emergency Services Manager
Tulare County HHSA/Office of
Emergency Services

COUNTY ADMINISTRATIVE OFFICER
2800 W. Burrel Ave.

Visalia, CA 93291
5957 S Mooney Blvd
Visalia, CA 93277
Phone No.: (559) 624-7498
Fax No.: (559) 624-7499
Phone No.: (559) 636-5005
Fax No.: (559) 733-6318
SUBRECIPIENT:

Dan Griswold
Fire Chief
420 N. Burke St
Visalia, CA 93292
Phone No.: (559) 713-4266
Fax No.: (559) 713-4808
Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth (5th) day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.

19. CONFLICTS WITH LAWS OR REGULATIONS/ SEVERABILITY. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject, 196
9 the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party, and some or all of the grant money may need to be returned to COUNTY. Such a termination will be treated as a termination for cause, in accordance with Paragraph 16 above. In all other cases, the remainder of the Agreement shall continue in full force and effect.

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

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

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

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

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

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

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

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

28. ASSIGNMENT. This Agreement is entered into by COUNTY in reliance on the identity and representations made by SUBRECIPIENT, and no part of this Agreement or this subaward (including any equipment purchased with the subaward) may be assigned, transferred, or sold by SUBRECIPIENT without the prior written consent of COUNTY, which consent COUNTY may grant, delay, deny, or condition in its absolute discretion. Any FY 2021 SHSGP funds provided to SUBRECIPIENT and not yet expended at the time of any attempted unauthorized assignment or transfer will be forfeit to COUNTY at the time of attempted assignment or transfer. Furthermore, the voluntary or involuntary assignment of this Agreement to a receiver or trustee in bankruptcy, will constitute a material breach and will automatically terminate this Agreement without advance notice or opportunity to cure.

29. COMPLIANCE WITH LAWS. SUBRECIPIENT shall comply with all applicable laws, ordinances, rules, and regulations and obtain and keep current all permits, licenses and/or approvals required by law 197
10 to perform the activities or services, or to purchase any equipment, specified in this Agreement.

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

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

32. CERTIFICATION AND ACKNOWLEDGEMENT: The undersigned represents that he/she is authorized to enter into this Agreement for and on behalf of the SUBRECIPIENT. As the duly authorized representative of the SUBRECIPIENT, the undersigned hereby certifies that the SUBRECIPIENT has the legal authority to apply for County, State, and Federal assistance, and the institutional, managerial, and financial capability (including funds sufficient to pay any non-Federal share of project cost) to ensure proper planning, management and completion of the project described in the FY 2021 SHSGP application, within the prescribed timelines.

The undersigned further acknowledges that the SUBRECIPIENT is responsible for reviewing and adhering to all COUNTY, state, and federal grant award requirements. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
198
11 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year signed by the last Party below.

SUBRECIPIENT
ATTEST:

By:________________________________
Approved as to form:

By: _______________________________
By: ________________________________
[Title]
Date: ______________________________

COUNTY OF TULARE
ATTEST: JASON T. BRITT
County Administrative Officer/
Clerk of the Board of Supervisors
By:________________________________
Deputy
Approved as to form: County Counsel
By: _______________________________
Deputy, Matter No. 2021506.

By: ________________________________
Chairman, Board of Supervisors
Date: ______________________________
199

EXHIBIT A
A-1
200

EXHIBIT A
A-2

201

EXHIBIT A
A-3

202

EXHIBIT A
A-4

203

EXHIBIT A
A-5

204

EXHIBIT A
A-6

205

EXHIBIT A
A-7
206

EXHIBIT A
A-8
207

EXHIBIT A
A-9

208

EXHIBIT A
A-10
209

EXHIBIT A
A-11
210

EXHIBIT B
B-1
Federally-Funded Services
(Pursuant to Appendix II, 2 CFR Part 200)
(1) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3, then during the performance of this Agreement, the SUBRECIPIENT agrees as follows: (1) The SUBRECIPIENT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The SUBRECIPIENT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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 SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.(2) The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.(3) The SUBRECIPIENT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the SUBRECIPIENT’S legal duty to furnish information.(4) The SUBRECIPIENT 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 advising the said labor union or workers' representatives of the SUBRECIPIENT’S commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.(5) The SUBRECIPIENT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.(6) The SUBRECIPIENT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.(7) In the event of the SUBRECIPIENT’S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the SUBRECIPIENT may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in 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 as otherwise provided by law.(8) The SUBRECIPIENT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The SUBRECIPIENT will take such action with respect to any subcontract or purchase order as the COUNTY may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event SUBRECIPIENT becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction 211

EXHIBIT B
B-2
by the COUNTY, then the SUBRECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. The COUNTY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work.

The COUNTY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The COUNTY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the COUNTY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the COUNTY under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from the COUNTY; and refer the case to the Department of Justice for appropriate legal proceedings.

The SUBRECIPIENT and each of its subcontractors shall include this equal opportunity clause in each of its subcontracts.
(2) Davis-Bacon Act, as amended (40 U.S.C. 3141–3148). If this Agreement involves payment for construction services in excess of $2,000, then the SUBRECIPIENT must comply with the Davis-Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction’’). In accordance with the Davis-Bacon Act, the SUBRECIPIENT is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, the SUBRECIPIENT is required to pay wages not less than once a week. The COUNTY must provide SUBRECIPIENT with a copy of the current prevailing wage determination issued by the U.S. Department of Labor with respect to the services to be provided under the subject Agreement. The SUBRECIPIENT’S execution of the subject Agreement constitutes the SUBRECIPIENT’S acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (3) Copeland ‘‘Anti- Kickback’’ Act (40 U.S.C. 3145). SUBRECIPIENT must comply with the Copeland ‘‘Anti- Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). Under the Copeland ‘‘Anti- Kickback’’ Act, the SUBRECIPIENT and all subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency.
(4) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). If this Agreement 212

EXHIBIT B
B-3
involves payments for services in excess of $100,000 that include the employment of mechanics or laborers, then the SUBRECIPIENT must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the SUBRECIPIENT is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies, materials, or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(5) Rights to Inventions Made Under a Contract or Agreement. If the Federal award supporting payments for services under this Agreement meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the Agreement is with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ then the COUNTY and the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency. (6) Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387), as amended. If this Agreement involves payments for services in excess of $150,000, then the SUBRECIPIENT must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(7) Debarment and Suspension (Executive Orders 12549 and 12689). By execution of this Agreement, SUBRECIPIENT certifies to the COUNTY that it is not a party listed on the government-wide exclusions list in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension,’’ and is not debarred, suspended, or otherwise excluded from the award of a federally-supported contract under statutory or regulatory authority other than Executive Order 12549.
(8) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). If this Agreement involves payments for services in excess of $100,000, then by execution of this Agreement, the SUBRECIPIENT certifies to the COUNTY that it will not and has not used Federally-appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. The SUBRECIPIENT must also disclose to the COUNTY in writing any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
(9) Procurement of recovered materials. Pursuant to 2 CFR § 200.322, COUNTY and SUBRECIPIENT must comply with section 6002 of the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that 213

EXHIBIT B
B-4
contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
(10) Records Retention and Access. Pursuant to 2 CFR §§ 200.333 through 200.337, the following provisions regarding Records Retention and Access will apply to this Agreement:
(a) Retention requirements for records. SUBRECIPIENT must retain all financial records, supporting documents, statistical records, and all other of its records pertinent to this Agreement for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or COUNTY. The only exceptions to the 3 year limit are the following:
(i) If any litigation, claim, or audit is started before the expiration of the 3-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
(ii) When the SUBRECIPIENT is notified in writing by the COUNTY or Federal awarding agency, cognizant agency for audit, oversight agency for audit, or cognizant agency for indirect costs to extend the retention period.
(iii) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition.
(iv) When records are transferred to or maintained by the COUNTY, or Federal awarding agency, the 3-year retention requirement is not applicable to the SUBRECIPIENT. (v) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the SUBRECIPIENT’S fiscal year in which the program income is earned. (vi) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates).

1. If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the COUNTY or the Federal Government to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission.

2. If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the COUNTY or Federal Government for negotiation purposes, then the 3- year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. (b) Methods for collection, transmission, and storage of information. In accordance with the May 2013 Executive Order on Making Open and Machine Readable the New Default for Government Information, the Federal awarding agency and the SUBRECIPIENT should, whenever practicable, collect, transmit, and store Federal award-related information in open and machine readable formats rather than in closed formats or on paper. The Federal awarding agency or COUNTY must always provide or accept paper versions of Federal award-related information to and from the SUBRECIPIENT upon request. If paper copies are submitted, the Federal awarding agency or COUNTY must not require more than an 214

EXHIBIT B
B-5
original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. (c) Access to records.
(i) Records of SUBRECIPIENT. The Federal awarding agency, Inspectors General, the Comptroller General of the United States, the State of California, and the COUNTY, or any of their authorized representatives, must have the right of access to any documents, papers, or other records of the SUBRECIPIENT which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the SUBRECIPIENT’S personnel for the purpose of interview and discussion related to such documents. (ii) Only under extraordinary and rare circumstances would such access include review of the true name of victims of a crime. Routine monitoring cannot be considered extraordinary and rare circumstances that would necessitate access to this information. When access to the true name of victims of a crime is necessary, appropriate steps to protect this sensitive information must be taken by both the SUBRECIPIENT and the Federal awarding agency or COUNTY. Any such access, other than under a court order or subpoena pursuant to a bona fide confidential investigation, must be approved by the head of the Federal awarding agency or delegate.
(iii) Expiration of right of access. The rights of access in this section are not limited to the required retention period but last as long as the records are retained. Federal awarding agencies and COUNTY must not impose any other access requirements upon SUBRECIPIENT. 215
FY 2021 HOMELAND

SECURITY GRANT

CITY OF VISALIA FIRE DEPARTMENT
216

BINDER CONTENTS
A. Sub-Recipient Grant Award Letter
B. Grant Award Workbook Page
C. Quick Tips
D. Reimbursement Request Packet
E. FY 2021 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity
F. California Supplement to the Federal Funding Opportunity Announcement and Application Kit
G. Tulare County Award Letters
H. Approval Authority Contact List
I. SAM (Debarment) Requirements
J. DHS Financial Management Guide
K. FY 2021 SHSGP Sub-Recipient Grant Assurances
L. FY 2021 SHSGP Equipment Subrecipient Agreement
M. P25 Requirements (Interoperable Communications projects only) N. SAFECOM Guidance (Interoperable Communications projects only) O. Sole Source Request Form
P. Tulare County Departments Budget Information
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Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-8000 Telephone (559) 624-7499 Facsimile
February 1, 2022
Dan Griswold
Fire Chief
City of Visalia, Fire Department
420 N. Burke St
Visalia CA 93292
[email protected]
Subject: NOTIFICATION OF SUBRECIPIENT AWARD
FY 2021 State Homeland Security Grant Program (SHSGP)
Subaward #: 2021-0081, Cal OES ID: 107-00000, CFDA #: 97-067 Subaward Period of Performance: 9/01/2021 to 05/31/2024 Dear Chief Griswold,
Please accept this letter as the official subaward notification for the Visalia Fire Department, DUNS #: 047898700, from the FY 2021 State Homeland Security Grant Program.

A summary of your subaward follows:

Project 005 – (6) Thermal Imagers with XT Charger Base and 2 Batteries: $42,580 Please see the attached Grant Award Workbook page for the approved equipment and corresponding AEL number(s). Your agency has only been approved to purchase the equipment listed on the Grant Award Workbook page.

As a condition of funding, your agency must accept the Subaward Agreement Regarding FY 2021 State Homeland Security Grant Program Funding for Equipment, Planning, Administration, Training and Exercises. This agreement must be signed by your governing body and accompanied by a copy of the governing body’s resolution accepting the agreement.

For all grant-funded procurement, your agency must adhere to the terms contained within the above-referenced agreement, all relevant State and Federal laws and regulations. In particular, you must adhere to the most restrictive procurement standard on each topic, for each procurement, between the following:
a. Your jurisdiction’s ordinances and formally adopted procurement policies. b. State law; and
218
c. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Title 2, Code of Federal Regulations [CFR] Part 200, including but not limited to such sections as 2 CFR §200.320 “Methods of procurement to be followed”)
For activities flagged for additional review on the Grant Award Workbook page (e.g., Environmental Planning and Historic Preservation, Allowability Requests, Aviation, Performance Bond, etc.), your agency shall not incur costs until you and Tulare County OES receive written approval from Cal OES removing the hold.

This subaward is subject to all provisions of 2 CFR Part 200, including Subpart F - Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice.

All activities, invoices, and payments for the awarded activities must be dated within the performance period to be eligible for reimbursement. Reimbursement requested after April 30 of each year may be delayed until the following Fiscal Year; please plan accordingly and be prepared to accrue reimbursement if submitting during this time.

The final deadline for completed reimbursement requests to be submitted is February 28, 2024, to allow time for grant close-out activities.

Requests for reimbursement, questions, or information requests should be submitted to the OES Grant Administrator at [email protected] or at:

Office of Emergency Services
Tulare County HHSA
5957 South Mooney Boulevard
Visalia, California 93277
Sincerely Yours,
Andrew Lockman
Emergency Services Manager
219
2021 HOMELAND SECURITY GRANT AWARD
SUBAWARD #: 2021-0081, CAL OES ID: 107-00000, CFDA #: 97-067

EQUIPMENT AWARD FOR THE CITY OF VISALIA, FIRE DEPARTMENT Project Description & Quantity
AEL# /
Feedback
Number
AEL Title / Activity Discipline Proposed
Vendor
Total
Cost Hold Trigger
005 (6) Thermal Imagers with XT
Charger Base and 2 Batteries
03OE-02-TILA
Optics, Thermal
Imaging and/or Light
Amplification FS Curtis Tools for
Heroes $ 42,580 No
Total Award Amount: 42,580
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Visalia City CouncilFebruary 22, 2022

Visalia City Council
February 22, 2022