Visalia City Council
April 4, 2022

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final - Amended
Mayor Steve Nelsen
Vice Mayor Brian Poochigian
Council Member Greg Collins
Council Member Brett Taylor
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, April 4, 2022

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. Receive presentation from Nielsen, Merksamer, Parrinello, Gross & Leoni (NMPGL) on 2021 state legislative activity and approve 2022 State Legislative Platform for the City of Visalia.
22-0039

2. Receive an update on Phase II of the Civic Center Complex Project, approve a Consultant Contract Amendment with Darden Architects for an amount not to exceed $1,356,500 and authorize the appropriation of $1,500,000 from the Civic Center Reserve Fund.
22-0066

3. Presentation of the McKay Point project, a joint effort between Tulare Irrigation District and Consolidated Peoples Ditch Company, that has potential benefits for Visalia.
22-0115
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

1 City Council Meeting Agenda - Final -
Amended
April 4, 2022

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.

1. Authorization to read ordinances by title only. 22-0123

2. Authorize the City Manager to enter into a three (3) year service and equipment contract with ePlus Technology, Inc., of Rocklin, to purchase Rubrik and Wasabi backup hardware equipment, and secure support, maintenance, and off-site backup storage piggybacking the National Association of State Procurement Officials (NASPO) Master Contract and National Cooperative Purchasing Alliance (NCPA) Contract, and authorize the
prepayment of the entire three (3) years not to exceed $200,000. 22-0120

3. Request authorization to record the final map for Quintana De Oro subdivision located on the east side of North Linwood Street between West Modoc Avenue and West Ferguson Avenue (14
lots); and request authorization for the formation of Landscape and Lighting Assessment District No. 22-04, “Quintana De Oro” and ordering the improvements and levying the annual assessments, APN: 077-190-001 (Resolution Nos. 2022-19 and 2022-20
required).
22-0099

2 City Council Meeting Agenda - Final -
Amended
April 4, 2022

4. Request authorization to adopt Resolution No. 2022-17, ordering the summary vacation and abandonment of the easements to the City of Visalia for storm drain and temporary turnaround purposes as dedicated under the final map, “The Little Ranch.” APN 126-020-082.
22-0105

5. Second reading and adoption of Ordinance 2022-05 and discussion of proposed revisions of Visalia Municipal Code section

8.28, Solid Waste Collection and Disposal. Revisions incorporate recent State mandates related to commercial and multifamily recycling as well as an inclusion of State Senate Bill (SB)1383 regulatory requirements to reduce the qualifying thresholds for mandatory recycling.
22-0107

6. Adopt Resolution 2022-14 ordering the Summary Vacation and Abandonment of a portion of public right-of-way on the north side of West Camp Drive, west of South Neeley Street.
22-0108

7. Appointment of Charles Mayer as the Visalia representative on the Tulare Mosquito Abatement District Board of Trustees for the two-year term ending June 30, 2024.
22-0109

8. Authorization to accept and appropriate funding for a State of California Housing and Community Development Local Early Action Planning (LEAP) Grant for various community development programs in the amount of $246,000.00.
22-0118

9. Authorize the City Manager to enter into an agreement with the Department of Toxic Substance Control (DTSC) for oversight and review of assessment and remediation services as listed in Exhibit C of the agreement in the amount of $ 32,211 and appropriate $40,000 From the Convention Center Fund.

22-0124

10. Approval of the 2022-2023 Federal Legislative Agenda for the City of Visalia which will provide focus for the City’s advocacy efforts at the Federal level.
22-0130

11. Adoption of the second reading of Ordinance No. 2022-04 pertaining to the approval of Zoning Text Amendment No. 2021-10:

A request by the City of Visalia to amend Chapter 8.46 Legislative Purpose and Definitions regarding Tobacco Stores, Zoning Ordinance Section Chapter 17.04 Definitions regarding Smoke Shops / Tobacco Stores, 17.25.030 (Zoning Use Matrix) line R78, and to amend Chapter 17.32 Special Provisions to implement performance standards regarding smoke shops/tobacco stores, which are conditionally permitted in the C-MU (Commercial Mixed-Use) and D-MU (Downtown Mixed-Use) Zones, Citywide. 22-0133

3 City Council Meeting Agenda - Final -
Amended
April 4, 2022

12. Presentation of the 2021 Annual Water Management Report Submitted by Kaweah Delta Water Conservation District and Approval of the 2022 Visalia Water Management Plan.
22-0114

13. Consider re-authorization of Stage 2 of the Visalia Water Conservation Ordinance and adopt resolution 2022-18.
22-0126

REGULAR ITEMS AND PUBLIC HEARINGS
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. Review and comment on the proposed use of U.S. Department of Housing and Urban and Development (HUD) Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and HOME Investment Partnership American Rescue Plan Program (HOME-ARP) funds including: 1) The Draft Program Year 2022 Annual Action Plan, and 2) The Draft Program Year 2021 Annual Action Plan Amendment, including the Draft HOME-ARP Allocation Plan. 22-0054

2. Conduct the second of two public hearings to consider Phase 2 of the Fire Department’s Measure N Squad Program which includes paramedic staffing and vehicle.
22-0135

3. Conduct the second of two public hearings and approve amending the Measure N budget in FY 2021/22 to reallocate the $75,000 for youth grants to the Visalia Police Activities League (VPAL). 22-0104

4. Presentation of the construction bids received for the Downtown Streetlight and Pavement Rehabilitation Project, authorize staff to begin the Measure N amendment process for the appropriation of $2,700,000 in additional funding, and appropriate an additional $2,141,800 in SB1 Funds.
22-0128

5. Public Hearing and Introduction of Ordinance No. 2022-05 for Zoning Text Amendment No. 2021-09, a request by the City of Visalia to amend portions of Visalia Municipal Code Title 17 (Zoning Ordinance) to implement a program contained in the City of Visalia 2020-2023 Housing Element pertaining to regulations for emergency shelters and low barrier navigation centers. The project area is contained within the City of Visalia’s Urban Development Boundaries that are illustrated in the Visalia General Plan, Citywide.
22-0119
CLOSED SESSION REPORT - None

ADJOURNMENT

4 City Council Meeting Agenda - Final -
Amended
April 4, 2022

1. Upcoming Visalia City Council Meetings:

Monday, April 18, 2022 - Regular Meeting @ 7:00 PM - 707 W.

Acequia
Monday, May 2, 2022 - Regular Meeting @ 7:00 PM - 707 W.

Acequia
22-0127

5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0039 Agenda Date: 4/4/2022 Agenda #: 1.

Agenda Item Wording:

Receive presentation from Nielsen, Merksamer, Parrinello, Gross & Leoni (NMPGL) on 2021 state legislative activity and approve 2022 State Legislative Platform for the City of Visalia.

Deadline for Action: 4/4/2022
Submitting Department: Community Development
Contact Name and Phone Number: Devon Jones, 4190, Leslie Caviglia, 4317 Department Recommendation:

1. Receive presentation from Nielsen, Merksamer, Parrinello, Gross & Leoni (NMPGL) on 2021 state legislative activity and provide input to NMPGL and city staff on any state advocacy priorities for 2022, and

2. Approve 2022 State Legislative Platform for the City of Visalia authorizing the Mayor to sign letters in support or opposition based on the positions stated in the platform.

Background Discussion:

Nielsen, Merksamer, Parrinello, Gross & Leoni LLP (NMPGL) is the current service provider for state lobbying services. The lead lobbyist for the City of Visalia is John Moffatt, a Partner in the firm, as well as Senior Counsel Michelle Rubalcava and Manager of Research for Legislation and Public Policy, Andrew Langley. In the previous 5 years that the firm has represented the city in state legislative issues, Mr. Moffatt and his support staff have been consistently responsive to city issues, up to date on legislation as it moves through various committees to the Assembly and Senate, have scheduled meetings with appropriate legislative representatives and agency staff, and testified on the city’s behalf on issues the City Council has identified as its priorities for the legislative session. Mr.

Moffatt has also served as the city’s representative in Sacramento on numerous issues with State agencies.

NMPGL is presenting on the prior legislative year to give an overview of state legislative activity and will discuss the coming year and issues that will be areas of focus. Staff would like to note the State budget requests have been made this year given the $45.7 billion state surplus expected this year and the unique opportunity this presents to acquire additional funding for ‘shovel ready’ projects.

These particular requests were identified based on the Council’s state agenda, prior projects that Council has reviewed, NMPGL guidance on what types of projects are likely to garner support, department head input, and again, overall ‘shovel readiness’. NMPGL staff is in process of lobbying on the City’s behalf for these projects, in addition to the City’s other state legislative priorities.

NMPGL and city staff will also be seeking any input the Council may have for priority areas of focus, or any other comments/insight for the year ahead.

Additionally, based on previous stances on legislation and direction from City Council and city staff, NMPGL has developed a draft comprehensive state legislative agenda for the city outlining proposed Visalia City Council Printed on 4/1/2022Page 1 of 2
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6 File #: 22-0039 Agenda Date: 4/4/2022 Agenda #: 1.
positions on a broad array of state legislative items. The platform identifies positions of support, opposition, and continued monitoring on a
variety of issues of importance to city leaders and staff. Upon approval of the platform, the mayor may sign letters to legislators or appropriate agencies advocating the city’s position as stated in the platform, and Council Members and/or staff may use the platform to discuss the city’s position with interested parties. If there is legislation or new information that could lead to a change in the city’s position, recommendations on that change will be brought back to the Council for formal consideration. Copies of letters that are sent on behalf of the city that are consistent with the platform will be
provided to the Council for informational purposes. The Council may choose to revise the platform to incorporate any changes proposed and agreed upon by Council.

Fiscal Impact: None
Prior Council Action: 11.15.21 - authorized new service contract with NMPGL for state legislative advocacy services, 11.16.20 - authorized 4th and final annual extension of current state legislative advocacy service contract with NMPGL, originally approved by Council on 11.7.16.

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

I move to receive presentation from Nielsen, Merksamer, Parrinello, Gross & Leoni and approve the 2022 State Legislative Platform for the City of Visalia.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: NMPGL City of Visalia - 2021 session review, and Draft of 2022 State Legislative Platform for the City of Visalia
Visalia City Council Printed on 4/1/2022Page 2 of 2
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7 CITY OF VISALIA
2022 STATE LEGISLATIVE PLATFORM
The Legislative Platform sets forth the City’s goals and priorities for the 2022 State Legislative Year. It includes policy statements that provide direction to staff and the City’s Legislative Advocates during the year and sets forth recommendations on positions the City may take on a variety of issues that could be addressed in the upcoming legislative s ession. Guided by the Platform, staff can effectively respond to new legislation in a timely manner. It allows the Mayor, City Council or the City Manager to send letters to the Legislature with positions consistent with the Platform. The Platform also provides a vehicle for summarizing the City Council’s position on priority issues without precluding the consideration of additional legislative and budget issues that arise during the legislative session.

GENERAL PRINCIPLES

Support legislation that provides governmental decision making at the local level where it provides the most effective, efficient results.

Support reforms in the State-local fiscal relationship that will improve the City’s ability to finance and efficiently administer both mandated and discretionary services while opposing legislation that creates mandates without State funding sources to carry them out.

Support legislation to preserve and build the City’s job base and to improve the regulatory climate for private enterprise and infrastructure development.

Support State investment in local infrastructure; tax and financial incentives that will encourage the sustainability and growth of new and existing businesses in the City.

Support public safety measures, including funding programs, designed to enhance the City’s efforts to protect its citizenry.

LOCAL CONTROL

Support legislation that promotes local land use authority and that authorizes and incentivizes, but does not mandate, the formation of regional alliances.

Oppose legislation that withholds local transportation funds, or funds of any kind, in lieu of complying with any State mandates.

Support a flexible approach to addressing climate change that uses fiscal and other incentives to meet technically achievable and practical goals in reducing emissions.

Support reforms that simplify, consolidate, standardize, reduce or eliminate data-gathering and reporting requirements imposed on cities.

Oppose legislation that proposes restrictions on the city’s ability to address the issue of homelessness within our community.

Support legislation that provides additional state funding and other resources for the city to address the issue of homelessness within our community.

Oppose legislation that would require prevailing wage on additional projects not already subject to prevailing wage.
8 PUBLIC WORKS & TRANSPORTATION

Support legislation pertaining to the Americans’ with Disabilities Act (ADA) in California, particularly as it relates to requirements for ADA improvements and provides an “opportunity to cure” before litigation may be initiated.

Support legislation that provides distribution of necessary State funding for road, highway and public transit projects at the city’s discretion.

Support legislation that provides additional new funding for both road maintenance and capacity increasing projects and is funded by a variety of state funding sources including, but not limited to, the state General Fund and funds from the Greenhouse Gas Emissions Reduction Fund.

Oppose legislation that shifts taxation from fuel sales taxes, constitutionally guaranteed for local transportation, to excise taxes, which are not similarly protected.

Support the maintenance of the State Public Transportation Account and Proposition 1B allocations specifically intended for Transit.

Monitor legislation and other proposals that could impact the planning, funding and development of the High Speed Rail in California, and specifically a Kings-Tulare station conveniently accessible to Visalia residents.

Support full funding for the State Aeronautics Division of the California Department of Transportation to ensure that there is the aeronautical infr astructure statewide to support economic development, especially in jurisdictions where general aviation access can be an economic stimulus.

Support State appropriations or bond measures that develop alternative fuel infrastructure on Highways 5 and 99 through the Central Valley such as LNG for heavy trucks, CNG, and BEV charging stations.

Support State appropriations to fund programs to expand facilities for storing, banking, replenishing, conveying, distributing, conserving, and reclaiming water, and for flood control and storm water management.

Monitor and oppose legislation and/or regulations that create undue burdens or costs on groundwater recharge with recycled wastewater.

Support legislation that improves efficiencies in the California Public Utilities Commission’s processes.

Support legislation that allows the sharing of water use information between public and private entities in an effort to comply with the State Water Resources Control Board’s mandatory conservation target for the City of Visalia.

PUBLIC SAFETY

Support programs, funding and legislation designed to enhance local and regional efforts to maintain public safety, including gang prevention and suppression.

Support State funding for staff training and equipment in Fire Safety.

Support funding for regional coverage by the City’s Type 1 Regional Haz-Mat team.

9 Support additional funding for Central Valley counties for AB 109 prison realignment purposes.

Monitor legislation regarding police use of force and mandated body cameras for police officers.

Monitor legislation that amends or attempts to remedy increasing crime rates that have resulted from the passage and implementation of Proposition 47.

Monitor the ongoing implementation of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.

FINANCE

Support legislation that would stabilize funding for the State’s pension programs.

Support State legislation which facilitates the local collective bargaining process and the City’s ability to fairly manage and compensate its employees.

Support legislation to provide greater authority to generate local revenues for discretionary services and to protect local revenue streams against State budgetary incursions.

Monitor the enactment of Workers’ Compensation reforms to ensure lower costs and increased effectiveness for employers and equitable benefits to employees.

Monitor legislation that would broaden the sales tax base, eliminate sales tax exemptions or reconfigure the sales tax system with the intent to consider the comprehensive impacts before taking a position.

Oppose legislation that would result in the reduction of local share of taxes with the primary focus of the legislation being a state issue or statewide program.

COMMUNITY DEVELOPMENT

Support funding and incentives that promote smart growth and sustainable development at the discretion of the City.

Support legislation that creates clear, fair and equitable emission reduction goals that can be realistically achieved and do not infringe on local government land use authority.

Oppose legislation that eliminates local decision making authority on the use and disposition of carbon credits earned by the city.

Monitor legislation that requires carbon credit offsets for future development within cities like Visalia.

Support legislation that clarifies and simplifies state requirements for local General Plans.

Support legislation and grants that promote the development and funding of affordable, sustainable, and accessible housing within the City.

Support legislative efforts to establish an affordable housing program exclusively for cities, housing authorities and non-profit organizations to acquire existing multi-family dwellings to rehabilitate and create affordable units for qualifying families.

Support legislative efforts to increase the amount of state funding available for local affordable housing 10 projects.

Support legislation that establishes new neighborhood revitalization programs, appropriately focused on affordable housing, and the elimination of urban blight.

Oppose legislation that reduces or dilutes local government controls over land use decision making.

Oppose legislation to impose State regulations on federal programs such as CDBG, HOME, and NSP.

ENVIRONMENTAL QUALITY

Support streamlining of environmental regulations and permitting in order to reduce costs and unnecessary delays.

Water:

Support the retention of the City’s ability to manage programs efficiently, cost-effectively, and without excessive permitting requirements in carrying out State mandates for environmental protection and waste disposal.

Support State appropriations to fund programs and projects to expand facilities for storing, banking, conveying, distributing, conserving, and reclaiming water, groundwater recharge, and for flood control and storm water management.

Monitor legislation that makes any changes to the Sustainable Groundwater Management Act of 2014. Any legislation should continue to support local control in the implementation of groundwater regulation.

Monitor legislation that aims to address long term groundwater sustainability.

Storm Water:

Monitor and engage in rule-making for legislation regarding the ability to treat storm drain systems as a utility.

Solid Waste:

Monitor and engage in legislation regarding landfill diversion and mandatory commercial recycling mandates.

Monitor and engage in rule-making for SB 1016, adopted in 2007, for changes to methods of calculating landfill diversion compliance from tonnages diverted from landfills to Pounds-Per-Person-Per-Day taken to landfills.

Monitor all recycling legislation, including but not limited to bills that impact household hazardous waste diversion, alternative daily cover and bottle and can recycling.

Monitor and engage in rule-making for SB 1383, which requires increasing organics recycling over the next several years.

Energy:

Support legislation that provides more local control and flexibility for use of rate-payer subsidized Public Goods Funds for energy efficiency and alternative energy projects.

Support increased funding of the California Solar Initiative and the California Energy Commission 1% interest loans for Energy Efficiency and Energy Generation Projects using Proposition 39 or other sources. 11

Support legislation that would compensate local government, businesses, and residents at market rates for alternative energy generation, including solar through feed-in tariffs.

Department of Toxic Substances Control:

Support legislation that places appropriate limits on the ability of the California Department of Toxic Substances Control to seek reimbursement from municipalities for exploratory PCE searches and activities.

Support a State allocation of bond funding for PCE groundwater management and clean-up.

ECONOMIC DEVELOPMENT

Support legislation that reforms the California Environmental Quality Act (CEQA) in a manner that reduces litigation and eliminates CEQA as a tool to stifle economic development in California.

Support legislation that is designed to provide local governments with the tools necessary to bolster economic development and efforts to streamline initiatives that would enhance the City’s ability to attract and retain businesses, as well as, encourage business expansion and job retention.

Support legislation that increases local access to post-high school education and other workforce development opportunities, including the promotion and creation of apprenticeship programs.

Support legislation that requires the UC and CSU system to study the need for a new campus in the southern Central Valley between Fresno and Bakersfield.

QUALITY OF LIFE
Parks and Recreation:

Support legislation and funding for parks, recreation and capital improvements, and programs which increase the quality of life for the community and improve the public health and well-being of its citizens.

Support grants and legislation that provide for appropriate construction, rehabilitation and maintenance of public recreational facilities.

Animal Care:

Support legislation and funding that provide for quality care and shelter for impounded animals, including laws that allow local discretion for reasonable and cost-effective holding time of animals.

Support measures that facilitate responsible pet ownership and licensing.

Oppose animal services or care measures which impose state-mandated costs with no guarantee of local funding.

Arts & Culture and Tourism:

Support legislation and funding for programs and facilities which serve to enhance arts and culture development and provide opportunities for tourism.
12 13
14 15
City of Visalia
2021 Legislative &
Executive Branch Review
2022 Overview
116
Representing the City
• Michelle Rubalcava
• Two Main Areas
– Legislative Branch
– Executive Branch/Regulatory
• Political Law Compliance and Reporting
2 17
2021 Legislative Summary
• 2,203 bills introduced in 2021
– 1,527 Assembly Bills
– 676 Senate Bills
• 836 bills sent to Governor’s desk (38%)
• Total Bills Signed into Law: 770 (92%)
• Total Bills Vetoed: 66 (7.9%)
318
2021 Legislative Efforts
• 146 bills tracked for the City of Visalia
• 59 bills watched
– 25 died in the legislature
• Subject Matter
– Housing
– Homelessness
– Economy
– COVID-19
419
Bills with Positions
• SB 9 (Housing Development) – Oppose unless
Amended/Neutral - Signed
• SB 106 (Mental Health Services) – Watch – Held
in Legislature
• SB 387 (Pupil Health) – Support – Held in
Legislature
• AB 377 (Water Quality) – Oppose – Held in
Legislature
• AB 1434 (Indoor water use) – Oppose – Held in
Legislature
520
Executive Branch/Regulatory Issues
• COVID-19/State Orders
• Water
– Sustainable Groundwater Management
– Outdoor water use
• Recycling
• Homeless shelters/funding
• Industrial Park/Energy Needs
6 21
2022 Process
• Capitol and Legislative Offices Open – Kind of
• Calls/Video meetings
• Remote Hearings
7 22
Redistricting
• City of Visalia split across two districts
• Senate
– SD 12 – Shannon Grove
– SD 16 – Open – (Hurtado, Parra)
• Assembly
– AD 32 – Vince Fong
– AD 33 – Devon Mathis
823
State Budget
• $286 billion spending plan
– $45.7 billion surplus (likely more)
• Visalia Budget Requests
– Eastside Regional Park Groundwater Recharge Basin F
Construction - $6.5 million
– Central Visalia Traffic Safety Action Plan
Implementation Funding for Sidewalk and Bikeway
Improvements – $3 million
– Aerial Fire Truck: $1.6 million
– National Fitness Campaign Outdoor Fitness Court:
$250,000
9 24
Gas Tax Debate
• Part 1 - January Budget Proposal
– Newsom proposes freezing gas tax increase ($0.511 increase per gallon) – Legislators and other groups push back
• Part 2 - State of the State
– Pivot from tax freeze to rebate
– Republican proposals to freeze and backfill defeated
• Party 3 – Moderate Dems
– Propose $400 rebate for every California taxpayer (even if don’t own or drive a car) – Estimated at $9 billion
• Part 4 – Dem Leadership
– $200 payments to taxpayers and dependents in households earning less than $250,000 • Part 5 - Governor’s Newest Proposal
– $400 rebate per car (limit two per person, paid via debit card) – $750 million in grants to encourage public transit agencies to offer Californians three months of free rides. – $600 million to pause part of the diesel sales tax for one year . – $523 million to suspend July’s scheduled increase to California’s gas and diesel excise tax – Estimated at $11 billion
1025
2022 Introduced Legislation
• 2,020 bills introduced for this 2022 Session
– 1,461 bills introduced during the last week alone.
– 1,361 Assembly Bills
– 659 Senate Bills
• Visalia tracking
– 284 bills total
– 48 carryover bills (from 2021)
– 236 new bills
1126
Legislative Review Process
• 284 bills separated by subject matter
– Community Development
– Economic Development
– Environmental Quality
– Finance
– Homelessness
– Housing
– Local Control
– Public Safety
– Public Works/Transportation
– Quality of Life
• Review by City Department Heads
• Positions based on Dept Head review and consistent with approved City Platform
12 27
2022 Legislative Platform
• Purpose is to provide guidance to city staff
and NM to allow more nimble response as
bills move through the legislative process.
• Minor updates to previously approved
platform
1328
Thank you!
1429
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0066 Agenda Date: 4/4/2022 Agenda #: 2.

Agenda Item Wording:

Receive an update on Phase II of the Civic Center Complex Project, approve a Consultant Contract Amendment with Darden Architects for an amount not to exceed $1,356,500 and authorize the appropriation of $1,500,000 from the Civic Center Reserve Fund.

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

Mike Porter, Civil Engineer, 713-4412, [email protected] Frank Senteno, City Engineer, 713-7331, [email protected] Nick Mascia, Assistant City Manager, 713-4323, [email protected] Department Recommendation:

Receive an update on Phase II of the Civic Center Complex Project, approve a Consultant Contract Amendment requested by Darden Architects (A/E) for an amount not to exceed $1,356,500 and authorize the appropriation of $1,500,000 from Civic Center Reserve Fund.

Background Discussion:

The Civic Center Complex plan is the result of decades of planning, saving, and land acquisition. It is planned to include multiple municipal facilities that require a significant amount of capital and would be cost prohibitive if they were to be all undertaken at once. Therefore, development of the Civic Center has been planned to follow a phased approach. Staff has identified the development of the Civic Center’smajor facilities to fall under multiple phases. Phase I has been completed following the completion of construction of the Visalia Emergency Communications Center (VECC). Phase II is the subject of this report and is comprised of three separate facilities that include a new City Council Chambers, Public Safety Office Building, and Police ServicesBuilding (Evidence/Training/Crime Lab). Phase III will include City Hall and other supporting facilities, such as parking, to be determined at a future date.

The Architectural and Engineering contract for Phase II of the Civic Center Complex was awarded to Darden Architects at the March 15, 2021 City Council meeting. Staff’slast update to Council was at the August 4, 2021 Council Meeting. At that meeting, Council approved the location of the Public Safety Office Building and City Council Chambers. After the last update, Darden Architects completed the Space Needs Assessment Phase of the project and has moved into the Schematic Design Phase. This staff report provides a project update on what has been completed to date, and what the next project steps are anticipated upon Council approval.

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30 File #: 22-0066 Agenda Date: 4/4/2022 Agenda #: 2.

Space Needs Assessment
The Space Needs Assessment (SNA) portion of the project was completed in February 2022. During the SNA, the consultant team analyzed the space needs of all elements that will be using the buildings and determined the specific facility requirements needed to provide the best functional use for the project both in the short and long term, looking out at the needs for at least the next 30 years.

Results of the SNA show the following building sizes are required:

PSOB Main Building 48,119 sf
Secondary Building (property, evidence & crime lab) 16,689 sf City Council Chambers 10,350 sf
It is anticipated that the PSOB will ultimately house approximately 198 staff from PD and an additional 12 staff from Fire Department Administration. The PSOB is designed with approximately 30 year of staff growth potential. It will take several years before the police department staff occupies the entire building. However, upon opening, it is planned for approximately 37 existing Finance Department staff to move out of City Hall West and occupy the unused growth space within the PSOB. The city intends to develop a project to construct a future City Hall after completion of the PSOB/Council Chambers. Once the City Hall is completed, Finance Department staff will move out of the PSOB and into the new City Hall. This space vacated by Finance Department staff will provide the long-term growth space needed for PD as well as allow for Fire Department staff to move out of the Visalia Emergency Communications Center (VECC) and into the PSOB. The relocation of FD staff out of the VECC will allow for IT Staff to move out of City Hall East (CHE) and into the VECC, where most of the city IT infrastructure is located. This move will likely require funding to perform internal alterations to the existing VECC floor plans. Staff will return later to present information on the proposed relocation of the IT Department from CHE to the VECC and the associated costs under Phase 3.

Following City Council direction to secure an architect for the PSOB, it was decided through the City Council Committee to increase the secondary building to include Police training, the crime lab, and sally port. This increased the overall square footage of the original PSOB proposal that was discussed with City Council in 2021.

Further, Staff is currently working with the design team to evaluate the operations at Police District Substations 1 & 2. District 1 is located at 204 NW 3rd and District 2 is located at 4100 S. County Center. This effort is part of the original contract and no increase in design cost is part of the proposed contact amendment. The substations were constructed using the same floor plans and consist of 8,318 sf of building space and associated site amenities. District 1 sits on approximately

0.85 acres while District 2 occupies approximately 2.2 acres. The evaluation will consider the potential for consolidation of patrol operations. District 2 may be a suitable location to house all patrol operations, therefore allowing District 1 to be sold or repurposed. The current evaluation will determine the feasibility of consolidating the districts and provide an estimate of what modifications to District 2 might be required to facilitate the move. Staff will provide the results of that assessment upon completion. Staff is still coordinating with the A/E to obtain a completion date.

Upon completion of the PSOB and Council Chambers, Staff will move out of City Hall West and the existing Council Chambers will no longer be needed. This will allow for the CHW property to be sold.

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31 File #: 22-0066 Agenda Date: 4/4/2022 Agenda #: 2.

Council Chambers
The City Council Chambers is planned to be approximately 10,350 sf and is to be located on the SE corner of Burke Street and School Court (across the street from the PSOB and adjacent to the future City Hall. The Chambers building will include seating for approximately 200 attendees in the main chambers with additional overflow seating to be provided in a community meeting room adjacent to the council chambers. A closed session/breakout room will also be provided. Site amenities including landscaping and lighting, public and staff parking and secure parking for Council and staff attending council meetings will be provided.

Schematic design, and subsequent Plans, Specifications and Estimates (PS&E) for construction activities for the PSOB and Council chambers are planned to take place concurrently for all buildings within Phase 2 of the Civic Center Complex.

Schematic Design Phase
The Schematic Design (SD) Phase of the project will begin following Council approval of the work completed thus far and approval of this report. Upon receiving approval from the City on the schematic design phase elements, the design team will move on to the PS&E phase of the project.

Staff will return to the Council as needed during the Schematic Design phase to seek guidance and request approval prior to moving on to the next phase of the project.

Site Visits
The project committee is planning site visits to several City Council Chambers located in the Phoenix Metropolitan area during the month of April. Staff is currently working on a high level version of a conceptual design of our own future City Hall in conjunction with design of the Council Chambers.

This is required to appropriately place the new Council Chambers on the southeast parcel; across the street from the PSOB.

PSOB Site Visits
Staff members and members of the City Council visited the City of Salinas Police Headquarters to observe the floor plans and site layout and to ask City of Salinas staff about the project. Feed back generated from the Salinas site visit was used to help with the preliminary planning of the PSOB and Council Chambers.

Project Schedule
Task Start Date Completion
Project Start Date June 2021 N/A
Space Needs Assessment July 2021 February 2022
Schematic Design April 2022 July 2022
PS&E August 2022 October 2023
Bidding November 2023 January 2024
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Construction January 2024 July 2025
Move-In July 2025 August 2025
Staff will return with schedule updates as the project progresses through the schematic design and PS&E phases. This will include various elevation concepts for each of the buildings as well as landscaping and open space. Staff continues to look for ways to expedite the schedule to ensure the project is completed as quickly as possible.

Contract Amendment
Staff has been working with Darden Architects to negotiate the proposed Contract Amendment (attached). The proposed contract amendment consists of three components:

1. Increase in Project Size - The overall size of the buildings (PSOB, Evidence & Crime Lab, & Council Chambers) has increased by approximately 51% over our original size estimates. The design team is requesting a proportional increase in design fees of 51%.

2. Development of 2nd Parcel - The project originally consisted of the PSOB, and Council Chambers being located adjacent to each other on the same side of the street. During the Schematic Design Phase of the Project, it was determined that the Council Chambers would be moved across the street and now will occupy a separate parcel. The consultant team is requesting additional fees to accommodate extra work required to develop this 2nd parcel.

3. Conceptual City Hall Design - To ensure the City Council Chambers and future City Hall building will be properly integrated, it is necessary to perform some analyses of the site and parking constraints. The city has agreed to a not-to- exceed fee estimate to perform certain studies and analyses of the site adjacencies to ensure the future development of the City Hall will go smoothly.

The proposed Contract Amendment has already been reviewed by the Project Committee, and approved by the Change Order Committee.

Fiscal Impact:

The current CIP includes the A/E contract of $2,163,333.86, which is already in place with Darden Architects. Darden Architects is requesting a contract amendment for an amount not to exceed $1,356,500. If the contract amendment is approved, this will bring the Darden Architects total contract amount to $3,519,833.86. Staff will return at a later date with an update on the estimated construction cost and overall project schedule and budget after the schematic design phase has been completed.

The project’s current budget summary is as follows:

Public Safety Building (CIP 3720-72000/CP0374-999)
Phase I Budget Summary:

Fund 003 - Civic Center/Public Safety Reserve - Total
Budget
$2,250,000.00
Darden contract amount awarded $2,163,000.86
Darden contract amendment requested $1,356,000.00
Staff Project Management (est.) $ 180,000
Total Estimate $3,869,333.86
Remaining CIP Budget <$1,449,333.86>
Budget allocation requested $1,500,000.00
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33 File #: 22-0066 Agenda Date: 4/4/2022 Agenda #: 2.

Public Safety Building (CIP 3720-72000/CP0374-999)
Phase I Budget Summary:

Fund 003 - Civic Center/Public Safety Reserve - Total
Budget
$2,250,000.00
Darden contract amount awarded $2,163,000.86
Darden contract amendment requested $1,356,000.00
Staff Project Management (est.) $ 180,000
Total Estimate $3,869,333.86
Remaining CIP Budget <$1,449,333.86>
Budget allocation requested $1,500,000.00
Based on the above current budget shortfall, an appropriation of $1.5M is requested to fund Darden’s contract amendment of $1.356 million and the remainder to cover staff time and any incidental cost.

Approval of the above contract amendment is recommended in order to proceed with the project design as discussed in the change order request
Refer to the attached staff presentation for a summary of the funding plan for the entire Phase 2 of the Civic Center Complex. The Finance Director will provide an update to the funding. A more detailed project budget will be included in future reports following feedback and direction the City Council may provide.

Prior Council Action:

August 4, 2021 - Approve Public Safety Office Building and City Council Chambers Location June 7, 2021 - Council approved a motion for Mayor Steve Nelson to appoint two members of the Council to the Planning & Preliminary Project Assessment Committee.

March 15, 2021 - Council authorized the City Manage to enter into an A/E contract with Darden Architects to design the Public Safety Office Building/City Council Chambers.

November 4, 2019 - Council approved using the design-bid-build method of procurement for the PSOB Project.

August 19, 2019 - Council authorized appropriation of funds to issue an RFP for A/E Consulting Services for the new PSOB Project.

August 5, 2019 - Council received an update on the PSF project planning. Council directed staff to return with recommendation for appropriation of funds and creation of a new CIP for the planning and design of the new Public Safety Facility.

March 4, 2019 - Staff was directed to begin the planning phase of the new Public Safety Facility, and to return with an update on building size, staffing and Project funding.

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

I move to accept the presentation and approve a Consultant Contract Amendment for an amount not to exceed $1,356,000.00 and an appropriation of $1,500,000.00 from the Civic Center Reserve Fund.

Environmental Assessment Status: None at this time
CEQA Review: N/A at this time.

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34 File #: 22-0066 Agenda Date: 4/4/2022 Agenda #: 2.

Attachments:

1. Presentation
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35 Phase 2 Civic Center Complex Update
Administration Department
CIP Engineering Division
April 4, 2022
1 36
Civic Center Complex Phasing
• Phase 1 – VECC
• Phase 2 – Council Chambers, PSOB, PD
Support Building (Evidence, Training, &
Crime lab)
• Phase 3 – City Hall, Other/TBD
(Will return to Council for additional
discussion)
237
Tonight's Discussion
• City Council Previous Actions
• Space Needs Assessment
• Project Cost Increase Summary
• Phase 2 Project Cost Estimates
• Darden Contract Amendment
• Potential Phase 2 Funding
• Updated Project Schedule
• Next Steps
338
City Council Previous Actions
• Council Authorizes issuing RFP for design
of Phase 2
• Council Approves A/E Contract With
Darden Architects
• Council Approves Location of Main
Building, Secondary Building and Council
Chambers
• Council Approves Appointment of Two
Council Members to Project Committee
439
City Council Previous Actions
5 40
Space Needs Assessment
6 • Completed in February 2022
• Staffing Levels (current and long term)
• Final Building Sizes (Council Chambers,
PSOB, PD Support Building)
• Building Locations
• Potential Relocation of Departments
41 Project Cost Increase Summary
• Increased Building Size
– Originally 40k SF , now 65k SF
– # of Staff, Departments, Programs,
Growth
• Increased Costs
– Design
– Construction
7 42
Project Cost Increase Summary
• Added City Council Chambers
– Additional 10k SF
• Development of Second Site
– Council Chambers moved to south of
School.
8 43
Phase 2 Project Cost Estimates
9 44
Darden Contract Amendment
• Increase in Project Size
• Development of Second Site
• Conceptual Site Plan for City Hall
10 45
Site Plan
11 PD Support Building
SF = 16,689
Story = 1
PSOB
SF = 48,119
Story = 2
Council Chambers
SF = 10,350
Story = 1 (Tall)
City Hall
SF = 50,000
Story = 3
46 Potential Phase 2 Funding
12 Assumes
NO
Recession
Civic Impact Fee Fund 7.5$
Civic Center Reserve 33.9$
June 30, 2022 Projection 41.4$
Fire Impact fund (GF Advance)* 3.0$
Police Impact fund (GF Advance)** 3.0$
21/22 GF Surplus/Vacancy Savings 8.0$
22/23 GF Surplus/Vacancy Savings 6.0$
23/24 GF Surplus/Vacancy Savings 6.0$
Civic Center Impact Fee (next 2 years total) 0.7$
Civic Center Reserve Interest (FY 21/22 & 22/23) 0.7$
Additional Funds 27.4$
Projected Total Available Funds 68.8$
Funding for
Phase II
47 Potential Phase 2 Funding
13 Additional Funding Options
GF Building Maint Fund 0.8$
Animal Reserve 0.3$
Sports Park Reserve Fund 0.6$
Measure N Fund Balance 2.0$
ARPA (PS Salary & Benefits Drawdown) 13.0$
Measure T Fire 1.5$
Measure T PD 2.0$
Sale PD HQ/CHW 3.0$
Additional Funding Options Total 23.1$
48 Updated Project Schedule
14 Start End
• Project Start Date June 21’
• Space Needs Assessment July 21’ Feb 22’
• Schematic Design April 22’ July 22’
• PS&E Aug 22’ Oct 23’
• Bidding Nov 23’ Jan 24’
• Construction Jan 24’ July 25’
• Move-In July 25’ August 25’
49 Next Steps
15 • Site Visits
• City Hall Conceptual Design
• Schematic Design
50 16
Questions?
51 Recommended Motion
17 I move to accept the presentation and approve a
Consultant Contract Amendment for an amount
not to exceed $1,356,000.00 and an appropriation
of $1,500,000.00 from the Civic Center Reserve Fund.
52 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0115 Agenda Date: 4/4/2022 Agenda #: 3.

Agenda Item Wording:

Presentation of the McKay Point project, a joint effort between Tulare Irrigation District and Consolidated Peoples Ditch Company, that has potential benefits for Visalia.

Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number: Rhett Anderson, (559) 713-4530 Department Recommendation:

N/A
Background Discussion:

In recent years, residents of California have experienced severe alternating wet and dry periods that are characteristic of the western United States. Although alternating wet and dry years are not new to the west, the severity of these cycles has amplified, especially in dry years.

Water managers in California have had to learn to mitigate effects of remarkably dry years, like that of water year 2021, which saw the lowest amount of rainfall in Tulare County in all recorded history at

8.12 inches of precipitation. Inversely, just four years prior in water year 2017, Tulare County received four times that amount at 32.9 inches of precipitation.

By the utilization of retention basins, water resources can flow through conveyance systems at lower velocities and extend the amount of time in a year that water can be delivered, thus extending the irrigation seasons for surrounding agriculture. The McKay Point project (Project), a ~260-acre reservoir/retention basin, is a planned project lead by Tulare Irrigation District (TID) and the Consolidated Peoples Ditch Company. The Project is located at the fork of the Kaweah and St. Johns rivers, where it can siphon off as much as 8,000 acre-feet (AF) during peak flows out of Kaweah Lake, also removing a number of acres from within Visalia city limits out of the 100-year floodplain, and potentially reducing the flood insurance requirements for some residents.

The City of Visalia retroactively approved the issuance of a Letter of Support for TID on December 6, 2021. Construction is planned to begin in April of 2022, shortly after the current lease holders’ term on the property has ended.

Fiscal Impact: N/A
Prior Council Action: November 24, 2021 - City of Visalia issued a Letter of Support to the Federal Emergency Management Agency for TID’s McKay Point Project.

December 6, 2021 - City Council retroactively approved the issuance of the Letter of Support to TID.

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53 File #: 22-0115 Agenda Date: 4/4/2022 Agenda #: 3.

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

Information only; no motion required.

CEQA Review: NA
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54 Flood Mitigation and Drought
Resiliency Projects at McKay
Point
“Projects at McKay Point”
March 2022
55 Project Site Plan
56 Background
• Partnership: Tulare Irrigation District and Consolidated Peoples Ditch Company
• Location: Seaborn Property (old Santa Fe Aggregate mining operation)
• Approximately 260 acres
• Mining operations have ended (Lease ends April 2022)
• Property purchased by Partners in December 2020
• Goals & Objectives:
• Develop a reservoir to store Kaweah River water for reregulation and flood control
• Enhance local habitat potential by developing a Habitat Restoration Zone 57 Project Site Plan
Total Storage: approx. 8,000 AF
Intake Capacity: 250 CFS Total
Return Capacity:
• 150 CFS above McKay Point
• 100 CFS to St. Johns River
Habitat Potential
• Riparian
• Wetlands
• Upland Wetlands
• Wet Meadow
58 59
Flood Reduction
Zones
• Removes 250 CFS from the St. Johns River
• Lowers river levels from 333.2’ to 333.1’
• Total Area Removed from 100-year Flood
Zone: 174.6 acres
• At average of 7 homes per acre = 1,222
homes mitigated
60 Flood Reduction Zones
61 Engineer's Estimate
62 Schedule
• Q2 2022 begin RFQ for Engineering/Enviro Consultants
• Q3 2022 Award Engineering/Enviro Consultants Contracts and begin work
• Q2 2024 complete Engineering/Enviro Work and bid construction • Q2 2024 begin construction
• Q1 2026 complete construction
63 Steven A. Nelsen
Mayor

Brian Poochigian
Vice Mayor

Gregory F. Collins
Councilmember

Brett Taylor
Councilmember

Liz Wynn
Councilmember

November 24, 2021

The Honorable Deanne Crisswell
Administrator
Federal Emergency Management Agency
500 C Street, SW
Washington, D.C. 20472

RE: Letter of Support for the Bric ’21 Tulare County Drought and Flood Mitigation Project at McKay Point

Dear Administrator Criswell:

The City of Visalia has spoken with the Tulare Irrigation District and the County of Tulare regarding their proposed BRIC ’21 Tulare County Drought and Flood Mitigation Project at McKay Point (Project). We would like to express our support for the Project, as reliable water sources provide the lifeblood for both the social and economic foundations of our community. We also know that the Kaweah River, may experience severe droughts and significant flood years, which could expose the City of Visalia to a significant risk of flooding. We strongly support the Federal Emergency Management Act in funding this critical Project.

The City of Visalia relies entirely on groundwater to meet the needs of our community. Other surrounding communities also share this common reliance upon groundwater. Droughts have plagued our area over the last several years. We have seen our groundwater levels decline and this has put added pressure on our delicate systems. Our other surrounding communities are harder hit by this as they are typically small Disadvantaged Communities (DACs) that lack the resources to manage declining groundwater levels and the subsequent dry wells. Increased ability to import surface water for groundwater recharge in wet years when flooding is a risk is a critical tool to build resiliency for the City of Visalia and many of the surrounding DACs.

Several of the local rivers that are subject to floods also traverse the City of Visalia. The Lower Kaweah River, commonly called Mill Creek through the City of Visalia, travels through Downtown Visalia. Also, the St. Johns River flows on the northern boundary of the City of Visalia along several housing developments.

When the Kaweah River is in flood release and flood events overtop the banks of the Lower Kaweah River and St. Johns River, numerous buildings, infrastructure, homes, and critical facilities may be subject to flooding. We are also subject to flooding of the main highway artery through the City of Visalia, Highway 198. This highway has flooded on several occasions, the most recent being in 2011. Providing a reservoir to help alleviate flood flows in the Lower Kaweah River and St. Johns River would provide added protection to infrastructure, buildings, homes, and lives in the City of Visalia.

We urge your support of this vital project, and we look forward to working with the Tulare Irrigation District and Tulare County on its implementation.

Respectfully Submitted,

Sincerely,

Steve Nelsen, Mayor
City of Visalia

220 N. Santa Fe St., Visalia, CA 93292 Tel: (559) 713-4512 Fax: (559) 713-4800 City of Visalia Office of the Mayor
64 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0123 Agenda Date: 4/4/2022 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

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65 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0120 Agenda Date: 4/4/2022 Agenda #: 2.

Agenda Item Wording:

Authorize the City Manager to enter into a three (3) year service and equipment contract with ePlus Technology, Inc., of Rocklin, to purchase Rubrik and Wasabi backup hardware equipment, and secure support, maintenance, and off-site backup storage piggybacking the National Association of State Procurement Officials (NASPO) Master Contract and National Cooperative Purchasing Alliance (NCPA) Contract, and authorize the prepayment of the entire three (3) years not to exceed $200,000.

Deadline for Action: 4/4/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

John Howison, Information Services Manager, 559-713-4122, [email protected] <mailto:[email protected]> Renee Nagel, Finance/Technology Director, 559-713-7375, [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the Visalia City Council authorize the City Manager to enter into a three (3) year service and equipment contract with ePlus Technology, Inc., of Rocklin to purchase Rubrik and Wasabi backup hardware equipment, and support, maintenance, and off-site backup storage piggybacking the National Association of State Procurement Officials (NASPO) Master Contract Number: AR2472, Contract Number: 7-17-70-40-05 and National Cooperative Purchasing Alliance (NCPA) Contract Number: 01-86 with a prepayment of the entire three (3) years not to exceed $200,000.

Background Discussion:

Information Services (IS) maintains a data storage and backup environment designed to minimize risk to the City in the event of data loss due to system corruption, user error and catastrophic system or data center failure. Current systems in place to provide backup services have been in operation for many years and have consistently provided a basic level of protection. With Cyber security risks increasing and becoming more of a threat to agencies the size of Visalia, the need to increase the City’s security systems has become a priority.

IS staff evaluated the gap in services provided by the current backup solution and methodology and developed a list of technical and operational requirements and goals. Primary goals defined include developing better ways to protect data, prevent ransomware infection, recover from ransomware, and prepare for catastrophic failure. Staff performed research across the industry seeking solutions to meet these goals. The team utilized analysis from other California cities, school districts, and special districts, along with reviewing technical documentation, participating in product demonstrations, and interviewing technical staff from other agencies to formulate a plan for meeting these goals.

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66 File #: 22-0120 Agenda Date: 4/4/2022 Agenda #: 2.
approach of data storage, protection and cloud storage was identified. By replacing the current backup platform, the City can meet the security goals of mitigating data corruption, data loss, and cyber security threats.

Adding a backup solution that will provide immutable system copies for a minimum of 30 days and monthly copies for one year onsite and that will also transport data offsite daily will serve to protect against ransomware threats and physical disasters affecting the City’s data centers. Rubrik hardware and services, along with Wasabi cloud storage was identified as the best fit and best value for the City. The Rubrik and Wasabi solutions are offered on existing competitively bid state and national contracts that allow local agencies to piggyback on these contracts.

Fiscal Impact:

Funds for this project were appropriated by Council on December 20, 2021 (6420-72000/EQ0185).

The data backup projects have a current budget of $360,000 in the American Rescue Plan Act (ARPA) fund.

On December 20, 2021, staff presented to Council the proposed ARPA funded projects, this included the backup systems for the City's servers and data that are critical to ensuring the City is able to operate and run smoothly.

Prior Council Action: None
Other: N/A
Alternatives: Council can choose to deny the recommendation and reconsider the project as a general fund capital improvement project (CIP) or direct staff to evaluate options to continue to support the current backup environment.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a three (3) year service and equipment contract with ePlus Technology, Inc., of Rocklin, to purchase Rubrik and Wasabi backup hardware equipment, support and maintenance, and off-site backup storage piggybacking the National Association of State Procurement Officials (NASPO) Master Contract Number: AR2472, Contract Number: 7-17-70-40-05 and National Cooperative Purchasing Alliance (NCPA) Contract Number: 01-86 with a prepayment of the entire three (3) years not to exceed $200,000.

Attachments:
ePlus Rubrik and Wasabi Quote.pdf
NVP AR2472 - Carahsoft Authorized Resellers List_June 2021.xlsx NVP AR2472 - Carahsoft CA-PA 7-17-70-40-05.pdf
ePlus NCPA Amnd 5 - Wasabi [FX 5-27-21].pdf
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67 Customer Name:

City of Visalia Quote No:22779214Quote Name:Rubrik - 6410 - Wasabi - 36 MonthsQuotation Date:03/10/2022 Sales Support Contact: SABRINA JORDAN Sales Support Phone:949-930-7366 Sales Support Email:SABRINA.JORDAN@EPLUS .COMAccount Executive:Account Executive Phone:Account Executive Email:Customer PO No: Order No:Expiration Date:04/09/2022 External Notes:** When utiliz ing Contracts there must be a separate PO for each contract.**Rubrik:Contract Number: 7-17-70-40-05NASPO Master Contract Number: AR2472Wasabi:National Cooperative Purchasing Alliance (NCPA)Contract Number: 01-86Wasabi Term:By signing this quote or issuing the initial purchase order for the Products and Services on this quote, Customer agrees to the followingterms and that Customer’s obligation to pay all fees due hereunder shall be absolute, non-cancellable and unconditional in all events.In addition to the fees on this quote, Customer agrees to pay ePlus for any overages, usage fees, add-ons and fees incurred as part ofany quantity adjustment processes that Customer incurs. At the end of every month during the Term, Wasabi will determine the actualamount of storage utilized by Customer. If the storage utilized exceeds the total storage purchased by or for such Customer (as may beincreased by Customer from time to time upon execution of additional Quotes, all of which will be co-terminous), ePlus will invoiceCustomer for these overages. Payment for overages are due upon receipt of invoice.If Customer has purchased Wasabi RCS, Customer may not store its data in any Japan datacenters. Customer must store its data in aregion with a $5.99/TB base price.001RBK-R6410S-HW-01 RUBRIK R6410S APPLIANCE, 4-NODE, 120TB RAW HDD, 1.6TB SSD, SFP+ NIC1 23,200.00 23,200.00 002RBK-SVC-PREM-HW RUBRIK PREMIUM SUPPORT FOR HARDWARE, PREPAY Line Note: Term: 36 Months3 3,620.00 10,860.00 003RBK-GO-FNDN-R6410 RUBRIK ONE (1) MONTH OF RUBRIK GO FOUNDATION EDITION FOR R6410, INCL. RCDM, POLARIS GPS, CLOUDOUT, 300INSTANCES/VMS OF CLOUD NLine Note: Term: 36 Months36 3,496.00 125,856.00 RubrikSub-Total (USD) 159,916.00 ePlus Services Line No. Part Number MFG Description/Line Notes QTY Unit Price Ext. PricePage 1 of 2 68 Totals188,576.56 Sub Total (USD):188,576.56 Est. Tax (USD):1,980.05 Shp&Hnd (USD):0.00 Total (USD):190,556.61 All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions forProducts and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance ofany preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Anyperiodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non-cancelablefor any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As aresult, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable andproducts non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, oris zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disruptedoperations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstandingany failure of customer personnel to sign for receipt due to facility closing or otherwise. Customer Acceptance Bill To Ship To Signature: ____________________________________ Name: _______________________________________ Title: _________________________________________ Date: ________________________________________ Customer PO #: _______________________________City of Visalia P.O. Box 5078Finance DeptVisalia CA 93278UNITED STATESACCOUNT PAYABLECity of Visalia INFORMATION SERVICES MIS315 EAST ACEQUIAVISALIA CA 93291UNITED STATES004 EPLUS-PRO-SERV EPLUS EPLUS PROFESSIONAL SERVICES 1 6,600.00 6,600.00 005WASABI-RCS-125-3-509 WASABI WASABI RESERVED CAPACITY HOT CLOUD STORAGE - WASABI-RCS-125-3TB - 3 YEARSLine Note: 36 Months1 22,060.56 22,060.56 Sub-Total (USD)6,600.00 Wasabi Sub-Total (USD) 22,060.56 Page 2 of 2 69 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0099 Agenda Date: 4/4/2022 Agenda #: 3.

Agenda Item Wording:

Request authorization to record the final map for Quintana De Oro subdivision located on the east side of North Linwood Street between West Modoc Avenue and West Ferguson Avenue (14 lots); and request authorization for the formation of Landscape and Lighting Assessment District No. 22-04, “Quintana De Oro” and ordering the improvements and levying the annual assessments, APN: 077- 190-001 (Resolution Nos. 2022-19 and 2022-20 required).

Deadline for Action: 4/4/2022
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that City Council authorize the recordation of the final map for Quintana De Oro Subdivision located on North Linwood Street between West Modoc Avenue and West Ferguson Avenue (14 lots); staff also recommends the adoption of Resolution No. 2022-19 initiating proceedings for the formation of Assessment District No. 22-04 "Quintana De Oro"; and adopt Resolution No. 2022-20 ordering the improvements and levying the annual assessments for Assessment District No. 22-02, "Quintana De Oro."
Summary:

The final map for Quintana De Oro is ready for recording. The final map for the Quintana De Oro Subdivision will be subdividing five acres into a 14-lot single-family subdivision with 2 Out Lots (Lot’s A and B) for street frontage landscaping and block wall along the Linwood Street frontage that will be maintained through a Landscaping and Lighting district. The proposed single-family subdivision will have access to Linwood Street, a Collector Street, and Delaware Ave, a local road. Besides public streets, the project will extend sewer lines, storm drainage, and other public infrastructure, utilities, and services (i.e., electricity, gas, and water) to serve the residential subdivision.

All bonds, cash payments, subdivision agreement, and final map will be submitted by the developer, Daley Homes, and will be in the possession of the City as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $248,711.55 and Labor and Materials Bond in the amount of $126,299.49; 3) cash payment of $90,673 distributed to various accounts to cover City fees; and 4) final map. All required items shall be submitted and approved by the City prior to the final map being executed and recorded.

The Landscape and Lighting Assessment District No. 22-04 has also been reviewed and approved as to form by the Landscape and Lighting District Committee. All new landscaping installed with this Visalia City Council Printed on 4/1/2022Page 1 of 4
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70 File #: 22-0099 Agenda Date: 4/4/2022 Agenda #: 3.
to form by the Landscape and Lighting District Committee. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO).

MWELO requires that landscaping and irrigation plans be certified by a qualified entity (i.e., Landscape Architect) as meeting the State and City’swater conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plant and tree species, and by limiting the portion of landscapes that can be covered in turf.

Background Discussion:

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

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

The Landscape and Lighting Act allows for the use of summary proceedings when all the affected property owners have given their written consent to waive the requirement for a public hearing. The notice period is also waived. The owner of this development has given their written consent to waive the public hearing and form this district. The use of summary proceedings allows for the initiation of proceedings and the final annexation action of the assessment district to be acted upon together as separate resolutions.

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

Visalia City Council Printed on 4/1/2022Page 2 of 4
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71 File #: 22-0099 Agenda Date: 4/4/2022 Agenda #: 3.

Fiscal Impact:

The 14 lots will be contributing to the landscape and lighting assessment district (L&LD No. 22-04) created for maintenance of common features related to this subdivision. These common features include but are not limited to pavement on local streets, block wall, streetlights, and landscaping within Out Lots.

The annual assessment for each lot will be $657.24.

Please note, the assessment district is subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($XXXX) (1.05)
(n-1)
where “n”equals the age of the assessment district with year one (1) being the year that the assessment district was formed.

However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’sassessment. The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits identified above.

Prior Council Action:
· On June 10, 1987, Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions.
· On December 17, 2018, the City Council adopted Negative Declaration No. 2018-49, approved General Plan Amendment No. 2018-06 to change the land use designation from Very Low Density Residential to Low Density Residential for a 5-acre parcel, and also introduced for the first public hearing Ordinance Nos. 2018-20 and 20218-21 for Change of Zone No. 2018-07 and Conditional Zoning Agreement No. 2018-08. The Change of Zone rezoned the property from R-1-20 (Single Family Residential - minimum lot size 20,000 sq. ft.) to R-1-5 (Single Family Residential - minimum lot size 5,000 sq. ft.) while the Conditional Zoning Agreement established conditions requiring the subdivision of property to meet a minimum average lot size of 11,832 square feet, and a superblock connective street pattern as depicted in the Quintana De Oro Tentative Subdivision Map. · On January 22, 2019, the City Council adopted the second reading of Ordinance No. 2018-20 approving Change of Zone No. 2018-07, and Second Reading of Ordinance No. 2018-21, approving Conditional Zoning Agreement No. 2018-08, for the Quintana De Oro Tentative Subdivision Map.

Committee/Commission Review and Action:
· On October 22, 2018, the Planning Commission approved the Quintana De Oro Tentative Subdivision Map No. 5570, and recommended approval of General Plan Amendment No. 2018-06, Change of Zone No. 2018-07 and Conditional Zoning Agreement No. 2018-08 to the Visalia City Council Printed on 4/1/2022Page 3 of 4
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72 File #: 22-0099 Agenda Date: 4/4/2022 Agenda #: 3.

City Council.
· Landscape and Lighting District No. 22-04 was reviewed and approved as to form by the Landscape and Lighting Committee in March 2022.

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

I move to authorize the recordation of the final map for Quintana De Oro Subdivision; the adoption of Resolution No. 2022-19 initiating proceedings for the formation of Assessment District No. 22-02 “Quintana De Oro” and adopt Resolution No. 2022-20 ordering the improvements and levying the annual assessments for Assessment District No. 22-02 “Quintana De Oro”.

Environmental Assessment Status:

Negative Declaration No. 2018-49.

CEQA Review:

Negative Declaration No. 2018-49 was adopted December 17, 2018.

Attachments:

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

2. Location Map

3. Development Disclosure

4. Final Map

5. Application for the Formation of Landscape and Lighting District Visalia City Council Printed on 4/1/2022Page 4 of 4
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73 RESOLUTION NO. 2022-XX

RESOLUTION INITIATING PROCEEDINGS
FOR ASSESSMENT DISTRICT NO. 22-04
Quintana De Oro
(Pursuant to Landscape and Lighting Act of 1972)

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

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

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

2. The proposed district shall be designated “Assessment District No. 22-04, City of Visalia, Tulare County, California, ” and shall include the land shown on the map designated “Assessment Diagram, Assessment District No. 22-04, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “Quintana De Oro.”

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

4. The owner “Daley Enterprises Inc., A California Corporation” hereafter referred to as “Daley Homes”.

PASSED AND ADOPTED: April 4, 2022 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-XX passed and adopted by the Council of the City of Visalia at a regular meeting held on April 4, 2022.

Dated: LESLIE B. CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk
74 CLERK’S CERTIFICATION TO COUNTY AUDITOR

ASSESSMENT DISTRICT NO. 22-04
Quintana De Oro Subdivision
(Pursuant to Landscaping & Lighting Act of 1972)

TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:

I hereby certify that the attached document is a true copy of that certain Engineer’s Report, including assessments and assessment diagram, for “Assessment District No. 22-04, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on April 4, 2022, by its Resolution No. 2022-XX.

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

Dated: LESLIE B. CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk
75 RESOLUTION NO. 2022-XX

RESOLUTION ORDERING THE IMPROVEMENTS FOR
ASSESSMENT DISTRICT NO. 22-04
Quintana De Oro
(Pursuant to the Landscape & Lighting Act of 1972)

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council adopted its Resolution Initiating Proceedings for Assessment District No. 22-04, City of Visalia, Tulare County, California, and directed the preparation and filing of the Engineer’s Report on the proposed formation.

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

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

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

5. The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2022-23.

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

Exhibit A - Assessment Diagram showing all parcels of real property within the Assessment District
Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report

76 PASSED AND ADOPTED: April 4, 2022 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-XX passed and adopted by the Council of the City of Visalia at a regular meeting held on April 4, 2022.

Dated: LESLIE B. CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk
77 Exhibit “A”
Landscape Location Diagram
Landscape & Lighting Assessment District No. 22-04
Quintana De Oro
78 Exhibit “B”
Landscape Location Diagram
Landscape & Lighting Assessment District No. 21-06
Quintana De Oro

79 Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 22-04
Quintana De Oro
Fiscal Year 2022-23

APN # Assessment Owner Lot # District
To be Assigned $657.24 Daley Homes 22-04001 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04002 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04003 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04004 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04005 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04006 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04007 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04008 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04009 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04010 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04011 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04012 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04013 22-04 Quintana De Oro To be Assigned $657.24 Daley Homes 22-04014 22-04 Quintana De Oro

80 Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 22-04
Quintana De Oro
Fiscal Year 2022-23

General Description
This Assessment District (22-04, Quintana De Oro) is located at 2545 N. Linwood Street Exhibit “A” is a map of Assessment District 22-04. This District includes maintenance of street trees, streetlights, block wall, pavement on local streets , and other applicable equipment or improvements. This District includes the preventive maintenance of all internal local streets by means including, but not limited to overlays, cape seals, crack seals, and reclamite (oiling). The total number of lots within the district is 14 lots.

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

Method of Apportionment
In order to provide an equitable assessment to all owners within the District, the following method of apportionment has been used. All lots in the District benefit equally by the uniform maintenance and overall appearance of the District.

Estimated Costs
The estimated costs to maintain the District includes the costs to maintain streetlights, and pavement on local streets. The regular preventive maintenance of pavement on local streets is based on the following schedule: Reclamite on a 5-year cycle, Crack Seal on a 7-year cycle; Cape Seal on a 15-year cycle and Overlays on a 20 year cycle.

81 Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 22-04
Quintana De Oro
Fiscal Year 2022-23

The quantities, estimated costs, and per lot assessment in the “Quintana De Oro” landscape and lighting district are as follows:

Decription 20 Yr Cycle Unit Amount
Cost Per
Unit
Times
per
Year
Annual Cost
Per Unit
Annual Total
Cost
Turf Monthly Sq Ft 0 0.020$ 12 0.240$ -$ Shrub Monthly Sq Ft 3,310 0.013$ 12 0.156$ 516.36$ Water Monthly Sq Ft 3,310 0.010$ 12 0.120$ 397.20$ Electricity Monthly meter 2 12.000$ 12 144.000$ 288.00$ Landscape trees Annual Each 15 60.00$ 1 60.000$ 900.00$ Interior Street Tree Annual Each 20 60.00$ 1 60.000$ 1,200.00$ Street Lights (Electricity & Maint) Monthly Each 4 11.30$ 12 135.600$ 542.40$ Block Wall Annual Ln Ft 240 0.75$ 1 0.750$ 180.00$ Project Management Annual Lots 14 40.00$ 1 40.000$ 560.00$ Subtotal 4,583.96$
Decription 20 Yr Cycle Unit Amount
Cost Per
Unit
Times
per
Year Cost Per Unit
Annual Total
Cost
Reclamite (5 year cycle) Twice Sq Yd 3,260 0.96$ 2 0.960$ 312.96$ Crack seal (7 year cycle) Twice Sq Yd 3,260 0.68$ 2 0.680$ 221.68$ cape seal (15 year cycle) Once Sq Yd 3,260 7.42$ 1 7.420$ 1,209.46$

2.0' Overlay (20 year cycle) Once Sq Yd 3,260 12.50$ 1 12.496$ 2,036.85$ Subtotal 3,780.95$
Total 8,364.91$
10% Reserve Fund (Repairs) 10% 836.49$
Grand Total 9,201.40$
Number of Lots 14
Annual Per Lot Assessment 657.24$

82 Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 22-04
Quintana De Oro
Fiscal Year 2022-23
Annual Cost Increase

This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($9,201.40) (1.05)
(n-1)

where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed;

However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.

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

Example 1) The year four estimated costs are $ 10,029.53 [a 9% increase over the base year assessment of $9,201.40]. The ceiling on the assessment increase for year four would be $10,651.77 [ceiling = ($9,201.40) (1.05)
(4-1)
]. The assessment would be
set at $10,029.53 or the actual cost of providing the maintenance effort.

Example 2) The year four assessment is estimated at the actual cost of providing the maintenance effort of $10,397.58 [a 7% increase over the previous year assessment and a 13.0% increase over the base year assessment]. The ceiling on the assessment increase for year four would be $ 10,651.77 [ceiling = ($9,201.40) (1.05)
(4-1)
]. The assessment would be set at $10,397.58 or the actual cost of providing the maintenance effort because it is less than the ceiling amount and the year-to-year increase is less than the 10% cap on increases in any given year.

Example 3) The year four assessment is $10,029.53 [a 9% increase over the base year assessment $9,201.40] and damage occurred to the masonry wall raising the year five assessment to $ 12,236.02 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $11,032.48, a 10% increase over the previous year and under the ceiling of $11,184.36 [ceiling = ($9,201.40) (1.05)
(5-1)
]. The difference of $1,203.54 will be recognized as a deficit and carried over into future years’ assessment.

83 Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 22-04
Quintana De Oro
Fiscal Year 2022-23

City Engineer Certification

I hereby certify that this report was prepared under my supervision and this report is based on information obtained from the improvement plans of the subject development.

Frank Senteno Date
City Engineer

84 MODOC
BASIN
MODOC

LOCATION MAP

W MODOC AVE
O

W WREN AVE
City Limit

N LINWOOD ST

N CHINOWTH ST

FERGUSON AVE

W RIGGIN AVE
Subject Property
City Limit
Modoc Basin

N CHINOWTH ST

N LINWOOD ST
85 86
87 QUINTANA DE ORO
88 QUINTANA DE ORO
89 BASIS OF BEARINGS
LEGENDCURVE TABLERIGGIN AVE.

FERGUSON AVE.

SUBJECTPROPERTYLINWOOD ST.

DEMAREE ST.

RIGGIN AVE.

FERGUSON AVE.
1234
LINWOOD ST.
567
891011121314DETAIL "A"
DETAIL "B"
LOT A
LOT B
DELAWARE AVE.

RONO ST.

NO SCALEDETAIL "B"
DETAIL "A"NO SCALE

NO SCALEKEY MAP

QUINTANA DE ORO
O'SCALE50' 501"=50'
90 91
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0105 Agenda Date: 4/4/2022 Agenda #: 4.

Agenda Item Wording:

Request authorization to adopt Resolution No. 2022-17, ordering the summary vacation and abandonment of the easements to the City of Visalia for storm drain and temporary turnaround purposes as dedicated under the final map, “The Little Ranch.” APN 126-020-082.

Deadline for Action: 4/4/2022
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that City Council adopt Resolution No. 2022-17, ordering the summary vacation and abandonment of the easements to the City of Visalia for storm drain and temporary turnaround purposes as dedicated under the final map, The Little Ranch, without the need of a public hearing.

Background Discussion:

The Little Ranch subdivision, which is located northwest of the intersection of South Dans Street and West Visalia Parkway dedicated via its final map, easements to the City of Visalia for storm drain and temporary turnaround purposes.

The Little Ranch subdivision was recorded in 2003. As part of their development entitlements, The Little Ranch subdivision was required to dedicate to the City a temporary storm drain basin to capture and retain runoff from the subdivision until such time that future development would allow for the runoff to be directed to its ultimate design location. Accordingly, an easement for storm drain purposes was dedicated over the Remainder parcel of the Little Ranch final map. In addition, the subdivision established local roads that would not have through access based on the subdivision project limits. As a result of this design, temporary turnaround easements were dedicated at the ends of Silvervale Street, Chantham Street and University Street to allow public turn around at the end of the streets in the interim (see attached Little Ranch final map).

With the development of Los Pinos Subdivision, recorded on December 19, 2018, the extension of the aforementioned streets was completed allowing through traffic circulation (see attached Los Pinos final map). Furthermore, the Los Pinos subdivision extended the storm drain infrastructure to its ultimate location removing the need for the temporary basin previously dedicated with The Little Ranch subdivision.

The current property owner over a portion of the Remainder parcel as shown on The Little Ranch final map, Mr. Singh, is now seeking to subdivide his land under Tentative Parcel Map No. 2021-01.

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92 File #: 22-0105 Agenda Date: 4/4/2022 Agenda #: 4.
final map, Mr. Singh, is now seeking to subdivide his land under Tentative Parcel Map No. 2021-01.

Furthermore, the property owner over the remaining portion of the said Remainder parcel, Acevedo Homes Inc., has gone through site plan review for a proposed subdivision under Site Plan Number No. 20-176. In an effort to expedite their future development, Acevedo Homes Inc., has backfilled the temporary basin over the Remainder parcel and removed all pertinent temporary infrastructure under city building Permit Number B220469. With the temporary infrastructure removed and the temporary basin backfilled, the easements can now be vacated.

The vacation and abandonment of the easement for storm drainage purposes and the easement for temporary turnaround purposes meets the provisions for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code. A local agency may summarily vacate or terminate a public service easement in any of the following cases stated in Section 8333 under Chapter 4 (Summary Vacation) of Part 3 (Public Streets, Highways, and Service Easements Vacation Law) of Division 9 (Change of Grade and Vacation) of the California Streets and Highways Code:
a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
c) The easement has been superseded by relocation and there are no other public facilities located within the easement.

Under paragraph “c”of the referenced California Streets and Highways Code, the storm drainage infrastructure has been relocated into the public streets of Silvervale Street and the easement is no longer necessary.

In addition, under paragraph “c”of the referenced California Streets and Highways Code, the temporary turnarounds located at the end of Silvervale Street, Chantham Street and University Street have been superseded by the extension of the aforementioned streets by the Los Pinos subdivision and said easements are no longer necessary.

Fiscal Impact:

None.

Prior Council Action:

1. On December 2, 2003, the City Council approved for recording the final map The Little Ranch for recordation.

Other:

1. On May 10, 2021, the Tentative Parcel Map No. 2021-10 was approved by the Planning Commission.

2. On June 23, 2003, the Little Ranch Tentative Subdivision Map No. 5418 was approved by the Planning Commission.

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93 File #: 22-0105 Agenda Date: 4/4/2022 Agenda #: 4.

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

I move to authorize the adoption of Resolution No. 2022-17, ordering the summary vacation and abandonment of the easement to the City of Visalia for storm drain purposes and the easements for temporary turnaround purposes as dedicated under the Final Map, The Little Ranch.

Environmental Assessment Status:

The projects that caused the physical actions that relocated the temporary basin and superseded the turnaround points were separately subject to review.

CEQA Review:

No review required for this action. The vacation and abandonment of the easement rights will not have a significant impact on the environment.

Attachments:
1) Resolution 2022-17
2) Location Map
3) The Little Ranch final map
4) Los Pinos final map
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94 RESOLUTION NO. 2022 -17

RESOLUTION ORDERING THE

SUMMARY VACATION AND ABANDONMENT

OF THE EASEMENT FOR STORM DRAIN PURPOSES AND THE EASEMENTS FOR

TEMPORARY TURNAROUND PURPOSES AS DEDICATED UNDER THE FINAL MAP OF

THE LITTLE RANCH SUBDIVISION

WHEREAS, The City of Visalia, State of California, has a n easement for storm drain purposes over the Remainder parcel of The Little Ranch subdivision , recorded in Volume 40 of Maps, at Page 44, Tulare County Records, that has been relocated and no other public facilities are in the easement; and

WHEREAS, The City of Visalia, State of California, has easements for temporary turnaround purposes over lot 5 , lot 10 and the Remainder parcel of The Little Ranch subdivision, recorded in Volume 40 of Maps, at Page 44, Tulare C ounty Records, that have been superseded by street extensions; and

WHEREAS, The City Council of the City of Visalia may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (State of California Streets & Highways Code, § 8300 et seq.); and

WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in § 8330 – 8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets & Highways Code; and

WHEREAS, the summary vacation requirement for a public service easement has been met, pursuant to §8333(c) of the California Streets & Highways Code.

NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Council of the City of Visalia hereby orders the summar y vacation and abandonment of the easements to the City of Visalia for storm drain and temporary turnaround purposes as shown on the final map The Little Ranch.

2. A public hearing is not required , and the use of a summary proceeding is allowed for the vacation of these public service easement s by having met at least one of the following cases:
a. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
b. The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
95 c. The easement has been superseded by relocation and there are no other public facilities located within the easement.

3. From and after the date this resolution is recorded, the storm drain and temporary turnaround easements are vacated and abandoned, and no longer constitutes easements.

4. City Manager is authorized to execute any deeds, if required, to effectuate this street vacation and abandonment

PASSED AND ADOPTED: April __, 2022 Leslie B. Caviglia, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-17 passed and adopted by the Council of the City of Visalia at a regular meeting held on April 4, 2022.

Dated: April 5, 2022 Leslie B. Caviglia, CITY CLERK

By Michelle E. Nicholson, Chief Deputy City Clerk

96 S Dans St
W Visalia Pkwy
W Greenhouse Ave
W Reese Ave
W Rialto Ave
W Milan Ave
S Chatham
St
S Silvervale St
S University St
S Silvervale St
S Chatham
St
S Silvervale St
S University St

RAILROAD

WATERWAYS

PARCELS
01 5 0 3 0 075
Feet
¨

LOCATION MAP
Summary Vacation and Abandonment
of Easement for Storm Drain and
Temporary Turnaround Purposes
Storm Easement

TEMPORARY TURNAROUND EASEMENTS
97 98
99 100
101
15 TSM 5467 LEGEND

LOS PINOS FOUND MONUMENT AS DESCRIBED
• SET BRASS CAP IN CONCRETE STAMPED PLS 4076
FOUND 1/2" REBAR TAGGED PLS 4076
SET 1/2" REBAR TAGGED PLS 4076 AT ALL LOT CORNERS
RECORD DATA AS PER PARCEL MAP NO. 192
REC. IN BK. 2 OF PARCEL MAPS AT PG. 92 T.C.R.
< > RECORD DATA AS PER MAP OF THE UTTLE RANCH
REC. IN VOL 40 OF MAPS AT PG. 44 T.C.R.

RECORD DATA AS PER PARCEL MAP NO. 66
REC. IN BK. 1 OF PARCEL MAPS AT PG. 66 T.C.R.

RECORD DATA AS PER LOT LINE ADJUSTMENT NO.
2006-17 OF LOTS 10, 11 & 16 OF THE LITTLE
RANCH SUBDIVISION PER DOC. REC. 9/24/07
AS DOC. NO. 2007-0084231 T.C.R. OR CALCED

THEREFROM
ifII RECORD DATA AS PER LOT LINE ADJUSTMENT NO.
2006-18 OF LOTS 1, 4 & 5 OF THE UTTLE
RANCH SUBDIVISION PER DOC. REC. 9/24/07
AS DOC. NO. 2007-0084242 T.C.R. OR CALCED

THEREFROM
<< >> RECORD DATA AS PER MAP OF STRATFORD PARK UNIT NO. 1 REC. IN VOL 36 OF MAPS AT PG. 13 T.C.R.

Being Parcel 3 of Lot Line Adjustment 2009-08, Doc. No. 2010-0081958 T.C.R.

Situated in a portion of the Northwest Quarter of Section 12, Township 19 South, Range 24 East, Mount Diablo Base & Meridian located in the City of Visalia, County of Tulare, State of California. <30.00'>

30.00' S0624'431 on. 11S0623 . 591 0.7211
11S89'16381, 317.101/
S891650 317.10'
S00*22'321 0.72'
ifS0010'531
11S8618'3811 200.0011
S8916'591 ,1 200.00'
S0072 . 321 0.72'
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4 56.06 <56.00'>
8891659"E I<N89'18'3r1D.
11S8918 . 38111 317.1011
S89' 6'59",1 317.10'

2.00' 115.11'
889'16'59"E
448916381> N0022121/ 0.72'
PW20'5316 0.721 IS01120'531 0.72'1
S00'22'321 0.72'
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S891 6'591V 220.02'
<56.00'> 56.00'
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58716'59V 200.00'
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98.01' 2.00'
FD. BRASS CAP STAMPED
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DETAIL "A" - NTS DETAIL "C" - NTS DETAIL "B" - NTS
GREENHOUSE AVE.
<N89'19'01"E 985.80'> S89'17'22"W 985.82' [N8917'37"E 985.99'] 1/2" I.P. TAGGED RCE 8865
PER MAP OF '7FIE LITTLE RANCH"

PUE PUBUC UTILITY EASEMENT

INDICATES SUBDMSION BOUNDARY
220. 94 ' [ 22 0. 92 51 -
<< N 00 '23 '5 9 ”W> >

BASIS OF BEARINGS
THE SOUTH LINE OF THE NW1/4 OF SEC. 20, T.19S., R.24E., M.D. B.&M. TAKEN AS S89'16'00W AS PER PARCEL MAP NO. 192 REC. IN BK. 2 OF PARCEL MAPS AT PG. 92 T.C.R.

CD
CI) .C• 1
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NOTE: 12 9
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108.02' L-
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', 5 9 "W> LOT A TO BE DEDICATED TO THE CITY OF VISALIA FOR LANDSCAPING, SIDEWALK, BLOCK WALL AND PUBLIC PURPOSES. 60 6 0 ' = TEMP. TURNAROUND ONLY EASEMENT TO ERIC LEONARD & RHONDA MICHELE KOZLOWSKI REC, NOV. 18, 2004
INSTR. NO. 2004-0119631

DRAIN EASEMENT
INST. NO.
1' 1 =60 1
CURVE DATA = 2'0' WIDE PUE & STOR M
REC. SEPT. 9, 2009 AS
2009-0056129 O.R.

DETAIL ' I C"
t \

II I DETAIL
4 CURVE DELTA LENGTH RADIUS TANGENT CHORD
Cl 90'00'00" 31.42' 20.00' 20.00' 28.28'
C2 27'19'25" 23.84' 50.00' 12.15' 23.62'
C3 15'36'49" 14.17' 52.00' 7.13' 14.13'
C4 67'01'07" 60.82' 52.00' 34.43' 57.42'
C5 62'01'52" 56.30' 52.00' 31.26' 53.59'
C6 14'0624" 12.31' 50.00' 6.19' 12.28'
C7 13'13'59 * 11.55' 50.00' 5.80' 11.52'
C8 0'20'02" 9.53' 1635.00' 4.76' 9.53'
C9 3'21'39" 95.91' 1635.00' 47.97' 95.89'
C10 1'07'06" 34.45' 1765.00' 17.23' 34.45'
C11 1'39'19" 50.99' 1765.00' 25.50' 50.99'
C12 1'37'19" 49.96' 1765.00' 24.98' 49.96'
C13 4'2344" 134.64' 1755.00' 67.35' 134.61'
C14 4'23'44" 126.20' 1645.00' 63.13' 126.17'
C15 4'2344" 130.42' 1700.00' 65.24' 130.39'
C16 4'23'44" 130.42' 1700.00' 65.24' 130.39'
C17 4'23'44" 135.41' 1765.00' 67.74' 135.37'
C18 14439'48" 131.29' 52.00' 163.25' 99.09'
C19 27'20'23" 23.86' 50.00' 12.16' 23.63'
C20 90'0000" 31.42' 20.00' 20.00' 28.28'
C21 90'00'00" 31.42' 20.00' 20.00' 28.28'
C22 90'00'00" 31.42' 20.00' 20.00' 28.28'
C23 90'0000" 31.42' 20.00' 20.00' 28.28'
17 1 7., I1S89'18'38"W 200.00'11
IS89'18'38V 200.001'
S89'16'59"W 200.00'
11S891 8'38"W 317.1011
N89'16'59"E 317.10' r 1S891 8'38"W 220.00r
S89'1 6'59"W 220.02
199.98' 115.11' L H. 98.01' L _j 97.98' 108.00'
10 6,843 S.F. d
6' PUE

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88.00'
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78.01'
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106 93' N89'38'32"E
10' ADDMONAL DEDICATION

TO THE CITY OF VISAUA

PER THIS MAP
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20,108 S.F.
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10,239 S.F.

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8,959 S.F.
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DETAIL "D" - NTS 13.99'
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L=134.64 C14
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L=130.4
Cl 5
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416.39 .

D E M A R E E S T.
1' BLOCK WALL
EASEMENT PER THIS MAP 545.53' LOT A
8,423 S.F. b N89'16'00"E 179.96'
N ---
DETAIL °D" N89' 16'00 * E 545.88'
466.88'
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cz.

VISALIA PARKWAY
]CTR. SEC. 12-19/24
FD. 2" I.P. 28" DEEP
[657.401
657.28'
(986.40') 986.42' [986.401
(S89'1 6'00"W 1643.80') S89'16'00"W 1643.70' [S89 16'00"W]

BASIS OF BEARINGS
<<N89'1 6'49"E 1643.68'>
FD. CTR NAIL/PATCH & 2'0/S
SHEET TWO OF TWO JOB #204-16
102
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0107 Agenda Date: 4/4/2022 Agenda #: 5.

Agenda Item Wording:

Second reading and adoption of Ordinance 2022-05 and discussion of proposed revisions of Visalia Municipal Code section 8.28, Solid Waste Collection and Disposal. Revisions incorporate recent State mandates related to commercial and multifamily recycling as well as an inclusion of State Senate Bill (SB)1383 regulatory requirements to reduce the qualifying thresholds for mandatory recycling.

Deadline for Action: 4/4/2022
Submitting Department: Public Works
Contact Name and Phone Number:

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

Staff recommends that Council approve and adopt the revised version of chapter 8.28 Solid Waste Collection and Disposal to bring the code up to date with current state law recycling requirements.

Background Discussion:

This is the second reading of Ordinance 2022-05 which modifies two sections of Chapter 8.28 of the Visalia Municipal Code. The first reading was held on March 21, 2022. These modifications are updates to the Municipal Code to bring the City into compliance with new SB 1383 requirements that lower the AB341 and AB1826 thresholds in which commercial entities must be prescribed recycling services.

At the July 18, 2018 City Council meeting, Council approved and adopted Ordinance 2018-03 to bring the code into compliance with current and future recycling laws. At that time, these laws required that covered commercial businesses that generated 4 yards or more of trash be subscribed to recycling and organics recycling. Since then, the required threshold for recycling has been lowered to 2 yards or more of trash. This change in threshold is part of chapter 8.28.150 and

8.28.160 section revisions below.

Current List of Sections Modified

8.28.150 Mandatory Commercial and Multi-Family Recycling Requirements (AB 341)

8.28.160 Mandatory Commercial and Multi-Family Organic Recycling Requirements (AB 1826)

8.28.150 Mandatory Commercial and Multi-Family Recycling Requirements (AB341) Revised Section F, Subsection 3(a) to reduce the threshold for mandatory recycling service to any Visalia City Council Printed on 4/1/2022Page 1 of 2
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103
File #: 22-0107 Agenda Date: 4/4/2022 Agenda #: 5.

Revised Section F, Subsection 3(a) to reduce the threshold for mandatory recycling service to any commercial generator of 2 cubic yards or more of solid waste per week.

8.28.160 Mandatory Commercial and Multi-Family Organics Recycling Requirements (AB1826) Revised Section F, Subsection 3 to reduce the threshold for mandatory recycling service to any commercial generator of 2 cubic yards or more of solid waste per week. Deleted Section F, Subsection 4 for redundancy.

Since the main revisions for the recycling laws were made in the Council approval of Ordinance 2018 -03 in 2018, only these small edits need to be made to bring the City into compliance.

Fiscal Impact:

None
Prior Council Action:

June 18, 2018 - Adoption of Ordinance 2018-03. This revised Visalia Municipal Code Section 8.28 to comply with State Assembly Bills AB341 and AB1826 to the requirements at that time.

March 21, 2022 - First reading of Ordinance 2022-05
Other:

N/A
Alternatives:

Alternative is to not approve and adopt Ordinance 2022-05 and the associated revisions to Visalia Municipal Code chapter 8.28.

Recommended Motion (and Alternative Motions if expected):

I move to approve and adopt Ordinance 2022-05 and the associated revisions to the Visalia Municipal Code chapter 8.28, Solid Waste Collection and Disposal.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

Draft Ordinance Revision
Ordinance 2018-03 Adoption
Visalia City Council Printed on 4/1/2022Page 2 of 2
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104
ORDINANCE NO. 2018 - 03

AN ORDINANCE OF THE CITY COUNCIL
UPDATING AND REVISING CHAPTER 8. 28 OF THE VISALIA MUNICIPAL CODE

PERTAINING TO GARBAGE COLLECTION SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

SECTION 1 – Preamble and Findings. Consistent with its control over municipal affairs and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry.

The City Council of the City of Visalia hereby makes the following findings A. State Assembly Bill (AB) 939 establishes a waste reduction policy that mandates a 75% reduction in the amount of material disposed of in landfills.

B. State Assembly Bills, 341 and 1826 apply and mandate source separation, collection and disposal of recyclables (including organics) for commercial and multi - family properties disposed of at sites other than in landfills, and require local agencies to establish compliance and enforcement policies.

C. The current City Garbage ordinance 8.28 does not require recycling, or provide sufficient compliance and enforcement provisions to meet these new mandated recycling measures.

D. The current City Garbage ordinance 8.28 contains outdated or missing information in several sections.

SECTION 2 – Revisions to Municipal Code Chapter 8. 28. All sections in Visalia Municipal Code 8. 28 have been modified, moved or merged as described below, and four ( 4) new sections added. Chapter 8.28 of the Visalia Municipal Code is hereby repealed in its entirety and readopted with the following section changes and additions listed below and a copy of the revised Chapter 8.28 is attached hereto and made a part hereof by reference:

Current List of Sections New List of Sections

8.28. 010 Purpose and policy. 8. 28. 010 Purpose and policy.

8. 28. 030 Definitions. 8. 28. 020 Definitions

8. 28. 020 Authorization. 8. 28. 030 City Manager Authorization

8. 28. 040 Collection service requirements. 8. 28. 040 Garbage Collection Service

8. 28. 050

8. 28. 060

8. 28. 070
Container -- Usage.

Containers -- Types.

Placing containers for collection.

8. 28. 050 Minimum Service Requirements

8. 28. 040 paragraphs in 8. 28. 040 removed and
made its own section

8. 28. 060 Waste not Accepted by City
Not Included 8. 28. 070 Disabled Exemption

8. 28. 140 Establishment of rates, charges and
fees.

8. 28. 080 Establishment of Rates, Charges and Fees
Not Included 8. 28. 090 Ownership/Scavenging of Refuse or Rubble

8. 28. 060 Containers— Types, partial 8. 28. 100 Container Requirements

8. 28. 080 Special collection services. 8. 28. 110 Special Collection Services.

8.28.090 Special Hauling partial 8. 28. 120 Special Hauling

8.28. 090 Special Hauling partial 8. 28. 130 Roll - Off Box Franchised Permittee Requirements

8.28. 100 Temporary service. 8. 28. 140 City Provided Temporary Bin and Roll -Off Box Service
Not Included 8. 28. 150 Mandatory Commercial and Multi-Family Recycling 105
SECTION 3 — Effective Date. This ordinance shall take effect thirty (30) days from the date of adoption.

SECTION 4 — Ordinance Chapter Title. Chapter 8. 28 of the Visalia Municipal Code shall henceforth be titled Solid Waste Collection and Disposal.

SECTION 5 — Severance. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not effect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance.

The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

PASSED AND ADOPTED: June 18, 2018
ATTEST:

RANDY GROOM. CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

W EN GUBLER, MAYOR

APPROV D BY CITY TTORNEY
I, Randy Groom, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2018 -03 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 18, 2018 and certify a summary of this ordinance has been published in the Visalia Times Delta.

Dated: p i $ RANDY GROOM, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
2 Requirements AB 341
Not Included 8. 28. 160 Mandatory Commercial and Multi - Family Organic Recycling Requirements AB 1826

8. 28. 130 Administration. 8. 28. 170 Administration

8. 28. 150 Fee collection. 8. 28. 180 Fee collection

8. 28. 160 Late charges. 8. 28. 190 Late charges

8. 28. 170 Means of collection of delinquent fees
including late charges.

8. 28. 200 Delinquent Fee and Late Charge Collection

8. 28. 110 Restrictions. 8. 28. 210 Restrictions

8. 28. 120 Enforcement. 8. 28. 220 Enforcement
SECTION3 — EffectiveDate. This ordinanceshall take effect thirty (30) days fromthe dateof adoption.

SECTION4 — Ordinance Chapter Title. Chapter8. 28 of the Visalia Municipal Code shall henceforthbe titled Solid Waste Collection and Disposal.

SECTION5 — Severance. If any section, subsection, subdivision, paragraph, sentence, clause or phraseof this Ordinance, or its applicationto any personor circumstances, is for any reason heldto be invalidor unenforceable, such invalidityor unenforceabilityshallnot effectthe validity or enforceabilityof the remaining sections, subsections, subdivision, paragraphs, sentences, clausesor phrasesof this Ordinance, or its applicationto any other personor circumstance.

The City Councilof the Cityof Visalia hereby declaresthatit would have adoptedeach section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespectiveof the fact that any oneor more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

PASSED AND ADOPTED: June 18, 2018
ATTEST:

RANDY GROOM. CITY CLERK

STATEOF CALIFORNIA)
COUNTYOF TULARE ) ss.

CITY OF VISALIA )

W EN GUBLER, MAYOR

APPROV D BY CITY TTORNEY
I, Randy Groom, City Clerkof the Cityof Visalia, certifythe foregoingis the full and true Ordinance2018 -03 passedand adoptedby the Councilof the City of Visaliaat a regular meetingheldon June18, 2018 and certifya summaryof this ordinancehas been publishedin the Visalia Times Delta.

Dated: p i $ RANDY GROOM, CITY CLERK
By Michelle Nicholson, Chief DeputyCity Clerk
2 106
Visalia Draft Municipal Code Update June 4, 2018 Page 1 of 35 Sections:

Visalia, CA Municipal Code
Chapter 8. 28

SOLID WASTE COLLECTION AND DISPOSAL

8.28. 010 Purposeandpolicy.

8.28. 020 Definitions

8.28. 030 City Manager Authorization

8.28. 040 Garbage Collection Service

8.28. 050 Minimum Service Requirements

8. 28. 060 Wastenot Acceptedby City

8.28. 070 Disabled Exemption

8.28. 080 Establishment of Rates, Charges and Fees

8.28. 090 Ownership /Scavenging of Refuse or Rubble

8.28. 100 Containers Requirements

8.28. 110 Special Collection Services.

8. 28. 120 Special temporary Hauling

8. 28. 130 Roll - Off Box Franchised Permittee Requirements

8. 28. 140 City Provided Temporary Bin andRoll -Off Box Service

8. 28. 150 Mandatory Commercial andMulti - Family Recycling Requirements AB 341)

8. 28. 160 MandatoryCommercialandMulti - Family OrganicRecycling Requirements ( AB 1826)

8. 28. 170 Administration

8. 28. 180 Fee collection

8.28. 190 Late charges

8. 28. 200 Delinquent Fee and Late Charge Collection

8. 28. 210 Restrictions

8.28. 220 Enforcement

8. 28. 010 Purpose and policy.

The City of Visalia, in order to promote and protect the public and refuse worker health and safety and to reduce the danger and hazards of fires and conflagrations, reserves unto itself the exclusive right and power to collect, transport, and dispose of, or to authorize, regulate, permit and control said collections, transportation and disposition of all refuse and rubble produced or foundwithin thecorporatelimits of saidcity. (Prior code § 4030)

8. 28. 020 Definitions.

For the purpose of this chapter certain words and terms are defined as follows:
107
Visalia Draft Municipal Code Update June 4 2018 Page 2 of 35 Types of waste:

A. " Bulkywastes" meansandincludeslargeitemsofsolidwastesuchasappliances, furniture, large auto parts, trees, large branches, stumps, asphalt, concrete, large rock, and other oversize wastesof large size which precludes or complicates handling by normal collection or disposal methods.

B. " Commercial solid wastes" means and includes refuse generated by stores, offices, and othercommercialsources, excludingwastesfrom residentialsinglefamily andmulti - family with less than 4 units, and industrial wastes.

C. " Construction and demolition wastes" means and includes the waste building materials, packaging, andrubbleresultingfrom construction, remodeling, repair, anddemolition operations on pavements and structures.

D. " Garbage" includes:

1. All kitchen and table food waste and animal, fruit or vegetable waste that attends or results from the storage, sale, preparation, cooking or handling of food stuffs;

2. Uncleaned containers originally used for foodstuffs;

3. Consists of every accumulation of animal, vegetable, and other matter that attends the sale, preparation, consumption, dealingin or storageof meats, fish, fowl, birds, fruits or vegetables;

4. All other abandoned putrescible organic matter.

5. The term garbage does not include dishwater or wastewater.

6. The term garbage does not include dead animals, medical waste, hazardous waste, or householdhazardouswastewhich thecity will not collectwith its regularservice.

E. " Hazardous wastes" is defined as any waste with properties that make it potentially dangerous or harmful to human health or the environment. Hazardous wastes can be liquids, solids, or contained gases, and can exhibit the properties of being ignitable, corrosive, toxic or reactive to other chemicals or substances. They can be the by- products of manufacturingprocesses, discardedusedmaterialssuchasusedoil, or discardedunused products, such as paint, cleaning fluids ( solvents) or pesticides. Also includes any substance contaminated with hazardous waste, such as contaminated soil or dirt.

Hazardous wastes are not collected or accepted by City and must be disposed of at a properly licenseddisposal facility.

F. " Household Hazardous Waste" means leftover household products that contain corrosive, toxic, ignitable or reactive ingredients and includes products such as paints, cleaners, oils, batteriesand pesticidesthat containpotentially hazardousingredients. Improper disposal of these wastes can pollute the environment and pose a health threat. Household hazardous wastemay not be disposedof by pouringthem down the drain, on the ground, or into the storm sewersor by putting them in the trash. Household hazardouswastemay be disposed 108
Visalia Draft Municipal Code Update June 4, 2018 Page 3 of 35 of properly by taking it to the Household HazardousWastecollection center during normal operating hours.

G. " Industrial wastes" means and includes all types of solid wastes that result from industrial processesand manufacturing operations. Industrial wastes do not include wastesdischarged to the sanitary sewer system.

H. " Infectious waste" is defined as refuse capableof causing infectious disease; items contaminatedwith blood, saliva, or otherbody substances, or thoseactuallyor potentially infected with pathogenic material.

Medical Waste" is defined as "any solid waste that is generatedin the diagnosis, treatment, or immunizationof humanbeingsor animals, in researchpertainingthereto, or in theproductionor testingof biologicals." This definition includes, but is not limited to:

1. blood - soaked bandages
2, culture dishes and other glassware

3. discarded surgical gloves

4. discarded surgical instruments

5. discardedneedlesusedto give shotsor drawblood (e.g., medicalsharps)

6. cultures, stocks, swabs used to inoculate cultures

7. removedbody organs (e.g., tonsils, appendices, limbs)

8. discarded lancets
J. " Oils" are defined asany mineral, vegetable, or synthetic substanceor animal or vegetable fats that are generally slippery, combustible, viscous, liquid or liquefiable at room temperatures, soluble in various organic solvents such as ether but not in water. Common oils include but are not limited to:

1. Petroleum or a petroleum derivative, such as engine oil or lubricants.

2. Oil based paints

3. Cooking oil or fat

4. Fuels such as gasoline or diesel fuel
K. " Organic waste" means all organic putrescible materials including food, leaves, grass, landscapingprunings, trimmings, branches, stumps, compostablepaper including food - soiled paper or cardboard products and other compostable paper. Organic wastes are included within the definitions for garbage and refuse as outlined in this section.

L. " Putrescible wastes" means and includes wastesthat are capableof being decomposedby micro - organisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and include materials such as food wastes and offal.

M. " Recyclable wastes" means residential, commercial or industrial solid waste, which includes but is not limited to clean CRV redeemable cans and containers, clean recyclable plastics, paper and cardboard and other such materials that are determined by the Director to be recyclable and are not soiled or deteriorated. Recyclable wastes do not include treated or painted wood or other materials that are coated with a toxic or non - compostable 109
Visalia Draft Municipal Code Update June 4 2018 Page 4 of 35 substance. Recyclable wastes are included within the definitions for garbage, refuse and rubble, as outlined in this section.

N. " Refuse" includes organic and inorganic waste, recyclable waste and all other general material waste streams acceptable for collection except rubble ( defined below). Refuse does not include Hazardous waste, household hazardous waste, or other non - acceptable material.

O. " Residential wastes" means and includes all types of domestic refuse which originate in dwelling units.

P. " Rubbish" means all organic or inorganic materials, not defined herein as garbage or rubble, which are rejected, abandoned or discarded by the owners or producers thereof, as offensive or useless or no longer desired by such owners or producers. These materials include, but are not limited to, corrugated cardboard, paper, wood, rags, used clothing, discardedor abandonedbedding, discardedor abandonedcarpets, discardedor abandoned oil cloth and linoleum, sweepings, cuttings, or cleanings from buildings, yards, lawns or gardens, bottles, tin cans or containers which have no food residue, broken crockery and glassware, old metal, wire packing or wrappingmaterials, ashes, trimmings from lawns, shrubs, plants or trees, rope, twine, jute, bagging or burlap.

Q. " Rubble" means rocks, concrete, bricks and similar solid material; plaster, dirt and similar abandoned or discarded inorganic, noncombustible, non - putrescible materials; building construction or demolition waste materials; sod.

R. " Sod" is defined as soil with sometype of grassor plant growing in it, cut or dugup from the ground.

S. " Soil or dirt" is defined as the upper layer of earth in which plants grow, a black or dark brown material typically consisting of a mixture of organic remains, clay, and rock particles; dirt is loose soil.

T. " Solid Waste" meansany wastestreamthat is not in a completely liquid or gaseousstate.

Solid waste can contain some liquid, but cannot be in a state where the material may leak or run out of the container it is put in. Residential food waste should be drained of as much liquid aspossible before disposing in a container.

U. " Trash" means organic and inorganic refuse that cannot be recycled, composted, or otherwise reprocessed for beneficial use.

All Other Definitions:

V. " Automated lift container" means a container with a hinged lid that is designed to be lifted, dumped, andreturned by refuse collection vehicles that have amechanical lifting device.

W. " Authorized containers ": The term refers to the types of containersprovided by the City that are authorized to be used for refuse collection within the City. Authorized containers 110
Visalia Draft Municipal Code Update June 4, 2018 Page 5 of 35 are96gallonor smallerautomatedlift containersprovidedby theCity for residentialrefuse collection. The Director must authorizein writing the useof any other type containerfor residential refuse collection. Refuse set out for collection in any unauthorizedor unapproved containers will not be serviced until the refuse is placed in an authorized container for collection.

X. " Bin" or " automated lift bin" means a metal or composite material 1 to 10 cubic yard container supplied by the city for a rental fee, approved by the Director for the deposit of refuse ( loose or compacted) which shall:

1. Have a close - fitting cover for each compartment;

2. Be leak -proof if carryingwet wastes;

3. Be freeof sharp, rough, orjaggedsurfacesor edgeslikely to causeinjury;

4. Usescastersor othermeansfor easymovement (for bins up to four cubic yardsin size);

5. Bedesignedin amannerto beemptiedmechanically.

Y. ` Bundle" meansa packagecontainingrubbishonly (noliquids), not exceedingfour feetin its longestdimension, two feetin diameternor twenty -five (25) poundsin weight, securely tied with cord or rope of sufficient strength to permit lifting and carrying of the full weight thereof without spillage including, but not limited to, the following:

1. Tree limbs;

2. Brush and prunings;

3. Magazines and newspapers.

Z. " Cart" see " automated refuse containers" above
AA. " City" meansthe City of Visalia, California.

BB. " City council" meansthe city council of the City of Visalia.

CC. " City manager" meansthe city managerof the City of Visalia or the manager's authorized deputy, agent, or representative.

DD. " CommercialGenerator" meansanycommercialor industrialpropertythat generatessolid waste, or multi - family dwelling of 5 or moreunits.

EE. " Container" see " automated lift container" above.

FF. " County" meansthe County of Tulare, California.

GG. " Customer" means the person in whose name an account for solid waste service is established.

HH. " Delinquent balance" means fees which are not paid in accordance with the schedule established by the director as required by Section 4044(F). At the time the fees become delinquent, they shall constitute an unrecordedlien againstthe property. 111
Visalia Draft Municipal Code Update June 4 2018 Page 6 of 35 II. " Director" or " Public Works Director" means the director( s) of the department( s) responsiblefor carryingouttheprovisionsof this chapter, the City of VisaliaPublicWorks Department.

JJ. " Dwellingunit" meansabuildingorportionof abuildingarranged, intendedordesignedto beoccupiedby not morethanonefamily andhavingfacilitiesfor sleeping, eating, cooking and sanitary purposes.

KK. " Franchisedpermittee" meansa permittedentity that providesroll -off box servicefor the removal of construction and demolition material, yard waste, or recyclable material within theCityof Visaliaandis subjecttotheprovisionsof Section130of thisChapter.

LL. " Lien" meansthe delinquent balanceof billed fees which may be recordedor unrecorded.

MM. " May" is permissive.

NN. " Multiple family dwelling" meansa dwelling complex, suchas a duplex or apartment, consisting of more than onedwelling unit.

00. " Nuisance" meansanythingwhich is injurious to healthor is offensiveto the sensesor an obstruction to the free use of property so as to interfere with a person's comfort or enjoyment of life or property, or which affects at the same time an entire community or neighborhoodor any considerablenumber of persons, althoughthe extentof the annoyance or damageinflicted upon individuals may be unequal.

PP. " Overfull" meansfilled to a level in excessof the designedcapacity. A containershall be deemed overfull when the material therein extends above the lip of the container and/or the lid of the container is unable to close fully.

QQ. " Person" means any individual, partnership, corporation, association, or any other entity that owns, controls or occupies any property within the city.

RR. " Property" meanseach individual residential, commercialor industrial establishmentor dwelling unit, asdefinedby propertylines.

SS. " Roll - off box" means a large ( 10 cubic yards to 40 cubic yards) metal container approved by the Director for the deposit of refuse or rubble which shall:

1. Be leak -proof if carrying wet wastes;

2. Be freeof sharp, rough, orjagged surfacesor edgeslikely to causeinjury;

3. Have the ability to be coveredwith a tarpaulin, lid, or other suitablecovering;

4. Be compatibleto besafely lifted onto city roll -off trucks.

TT. " Shall" is mandatory.

UU. Standard containers. See " authorized containers."
VV. " Temporaryservice" meanslimited -termservicefor binsandroll -off boxeswhichmay be requestedfor a period not to exceed 30 days in any 12 -month period, unless authorized by the Director or his or her designee, and except for construction sites or work requiring a 112
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Visalia Draft Municipal Code Update June 4, 2018 Page 7 of 35 permit where temporary service may be required for longer periods of time or where longer terms are authorized in writing by the Director. ( Prior code § 4032)

8.28. 030 City Manager Authorization
The city manageris authorizedto delegateauthorityandexpendall necessaryresourcesin order to carry out the provisions of this chapter. The city manager and/or his or her designee is also authorized to:

A. Establish residential and commercial minimum service required to prevent accumulations of refuse and rubble which would lead to a threat to the health and safety of the citizens of the city;
B. Set policies and standards for efficient and effective refuse and rubble collection and disposal services;
C. Recommendto thecity council revisionsto feesandchargesfor regularservicewhich are needed to insure that all refuse and rubble collection, transport, and disposal costs, both direct and indirect, are met;
D. Setchargesfor servicenot specifiedin theratesadoptedby resolutionby thecity council; E. Enforce the rules and regulations contained in this chapter; F. For commercial accommodations or units under this chapter, the Director shall have the authorityto establishappropriateservicevariancesin applying this chapter. Suchvariance shall beat the sole discretion of the Director. ( Prior code § 4031)

8. 28. 040 Garbage Collection Service.

A. Subscription Required. Any and all person(s) as defined in this chapter in possessionor control of all places and premises within the city shall be required to use, and shall pay for refuse and rubble collection and disposal services provided by the city, as found by the Director to be necessaryto allow for removal of all refuse and rubble normally created, accumulatedor produced on the premisesduring the intervals betweenregular collections.

B. Storage of Refuse. It shall be the duty of every owner of any private dwelling unit, apartment house, flat, commercial or industrial establishment, restaurant, eating house, boarding house, or other building generatinggarbageas defined in Section 8.28.020 to provide, and at all times to keep within the building or on the lot on which the building is situated, sufficient automatic lift containers, bins and /or roll - off boxes to allow storage of all refuse and rubble normally accumulated on the premises during the intervals between regular collections without spillage, escapeof odors, fly breeding, or creation of any nuisance.
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Visalia Draft Municipal Code Update June 4 2018 Page 8 of 35

1. Owners of any residential, commercial or industrial zoned property shall provide sufficient spaceon the propertyto storeall permanentservicecontainers, bins or roll - off boxesbeing usedto collect all wastestreamsgeneratedon the property (temporary servicebinsor boxesmaybe storedin anappropriatelocationon thestreetduringthe term of service as defined below in section 8.28. 140.13). a. Residential containersshall be stored on the property off the street during non- collection days and in a location where the containerscannot be easily viewed from the public right of way.
b. In order to maintain cleanliness, restrict public view, contain waste spillage and restrict access, all bins usedfor waste collection must be stored on the property in approvedenclosure(s) built to City standards, with a minimumof 40' clearancein front of the enclosure to allow direct stab accessby the collection trucks. Enough enclosure space shall be allocated to provide a minimum of one 10' -6" ( inside dimensions) wide storage area for each waste stream or bin on the property ( for example if trash, recyclables and organics are required to be separately collected on the property, three single enclosuresor one double enclosureand one single enclosure are required).
c. If the City determinesit is unfeasibleor unsafeto locatethe enclosure(s) on the propertyfor direct stab serviceaccessibility, at his or her discretion, the Public Works Director may authorize the execution of a written agreement with the property owner and recorded with the property, to allow the owner or tenant to roll the bin(s) out to the streetfor collection by 4am on servicedaysand roll them back in after collection. However, all bins are required to be storedon the property in enclosuresbuilt to City standardson non - servicedays.
d. Commercial and industrial roll -off box service shall be located on the property so as to provide a minimum of 40' clear space in front of the box or compactor to allow room for the truck to line up and load or unload the box/compactor. Drive path on the property from the public right -of -way to the roll -off box /compactorshall be constructed to withstand the weight of a 56, 000 lb. truck. e. Any exceptionsto the aboverequirementsmust be authorizedin writing by the Public Works Director or designee.

2. Owners or tenants of a property shall be responsible to maintain and clean/pick up any spillage or littering of refuse or rubble prior to the container, bin or box being serviced, regardlessof who causedthe spillage or littering.
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Visalia Draft Municipal Cooe Update June 4, 2018 Page 9 of 35

3. Thecity reservesthe right to requirethe exclusiveuseof city - providedautomaticlift containers, bins, and/ or roll - off boxes for all regular refuse and rubble collection servicesprovided by the city.

C. SourceSeparationRequired. All residential, commercialandindustrialaccountsin thecity, except those specifically exemptedin this chapter or in writing by the Public Works Director, must source separate their recyclable waste and organic waste, and place each type in a separate container designated for that specific type of collection.

Contamination. No personmay mix refuse and rubble of one type in a collection container designated for another type, except as otherwise provided in this Chapter. A violation of this section shall constitute an infraction, and result in the contaminated container(s) being left unserviced, with a tag placedon the containerdescribingthe violation andwhy the containerwas left unservicedandnotifying the customerof any actions or fines being assessed. Customer is required to correct the contamination issue prior to the containerbeingserviced. Repeatedinstancesof contaminationmay result in higher service fees to service the contaminated container.

2. CurbsideSpecialProgram. Residentialaccountsin good standingare providedthree 3) curbside special collections in any given 12 -month period. Each curbside special collection may consist of servicing one (1) standardresidential containerof any type, or upto 10itemsor bundles. Looseitemsor bundlescannotmeasuremorethan48" long on any side, and cannot weigh over 25 pounds. Each loose item must be able to be lifted and carried by one person, and each container or loose item must conform to the content restrictions as listed in section 8.28. 060. A.

8. 28. 050 Minimum Service Requirements
A. Manner of Subscriptionand Payment. The owner of the property is ultimately responsible for ensuring each property /dwelling unit owned subscribesto and pays for minimum serviceasdefined in this section. Non - paymentby a tenantor lesseefor servicesrendered can be cause for the tenant' s account to be closed and sent to collections in the tenant' s name, and the property address \account to then be placed in the property owner' s name with the property owner receiving the account billing and held responsible for payment going forward. This condition will continue for a minimum of 3 yearsbefore the account canagainbeplacedin atenantor lessee'snamefor billing and /or payment.

B. Prior to occupancy, aproperty owner or tenantmustestablishappropriateutility servicefor the property, including solid waste services. Failure to do so is a violation of this chapter.

City reservesthe right, at the solediscretionof the Director, to establishutility servicefor the property in either the tenant or property owner's name and to make such service effective as of date of occupancy, as determined by the Director. 115
Visalia Draft Municipal Code Update June 4 2018 Page 10 of 35 C. Failure of a tenantto establishserviceprior to occupancymay, at the solediscretionof the Director, result in City establishingutility servicefor the propertyin propertyowner's name, effective asof date of occupancy, as determinedby the Director.

D. Minimum Container Service, single family residential.

1. Prior to January1, 2019, onesplit containerfor trash andrecyclable material and one undivided container for organic waste shall be the minimum refuse service for each dwellingunit or eachunit of a multiple dwellingunit complex, not to exceedthree units, unless authorized by the Director. The Director may authorize or require alternative automatic lift container services to be shared by two units of a multiple dwelling unit complex or mobile homepark.

2. BeginningJanuary1, 2019, onecontainerfor trash, onecontainerfor recyclables, and one container for organic wastesshall be the minimum refuse service for each dwelling unit or each unit of a multiple dwelling unit complex, not to exceed three units, unless authorized by the Director. The Director may authorize or require alternative automatic lift containerservicesto besharedby two units of a multiple dwelling unit complex, or mobile home park.

3. Each business permitted to operate at a residential single family property address herein referred to as " home business ") and that generates waste shall have its own waste service separate from the residential waste service. Home business waste servicesmaybeeitherresidentialcontainerserviceor commercialbin service, butin no case shall be less than 1 bin or container ( or split bin or container for two waste streams) per waste stream, serviced a minimum of one time per week, as determined by a waste assessment.
a. If there is little or no measurable waste generated by the home business as determinedby a wasteassessmentandthecustomerrequestsa waiverin writing to theDirector, theDirectormaywaive therequirementfor wasteservicefor thehome businessand/or allow the existingresidentialserviceto be sharedby the residence and the business.

E. Minimum Service - Commercial, Industrial and Multi Family ( 4 or more units). Minimum servicefor all commercial andmulti - family units 4 units or more shall be determinedby a waste stream assessmentconducted with the customer either on site or remotely by City staff. A waste assessment will determine the volume of demand for each waste stream generated on site, and the appropriate bin size and service frequency required to accommodate each of the generated waste streams in order to remove all waste generated on site in a timely mannerandnot allow wasteto accumulateor becomeanuisance. 116
Visalia Draft Municipal Code Update June 4, 2018 Page 11 of 35

1. In the event a determination is made that the site does not generate enough waste to warrant bin service, or where bin service would be impractical or unfeasible, the Director may grant an exception and allow residential containers to be used for the service, but in no case shall minimum service be less than one ( 1) residential container for each waste stream generated on site.

F. Frequency of Collection.

Serviceto residentialsingledwelling units andmultiple dwelling unit complexesshall be at the rate of a minimum of one collection per week for each container type ( split, greenwaste, trash or recyclable).

2. Bin or box serviceto multi - family complexesexceeding3 units, boardinghouses, hotels and motels, restaurants, and all other commercialestablishmentsgenerating garbage shall be at the rate of a minimum of one collection per week, and bin/ box size and service frequency shall be sufficient enough to accommodate the waste streams generatedon site, unless otherwise authorized by the Director.

G. Where a curbside recyclable waste collections program, or other special collection program asauthorized by the city is implemented, the Director has the authority to designatesome of the collections identified in Section 8. 28. 040 through Section 8.28. 070 to be used exclusively for sucha program.

H. The owners of all premises upon which refuse or rubble is produced or accumulated shall subscribe for service as herein required and shall be given the type and frequency of service, according to the rates set forth by the city council, that will, in the opinion of the Director, cause all refuse and rubble to be removed from the premises, so there will be no accumulation, collection and keeping of the same, on the premises to the detriment of public health and /or convenience.

1. The City reservesthe right, upon notice to the primary accountowner, to increasethe number, bin size and /or frequency of service on an account if it is determined that the current level of service is insufficient to accommodate the waste stream(s) being generated, or if the compactor or box is repeatedly overfull or overweight at current service levels.

8. 28. 060 Waste Not Accepted by City.

A. Wastesthat will not be collectedby the city, exceptas provided in subsectionE, include but may not be limited to the following:

1. Ammunition or other explosive or combustible materials;

2. Dead animals;
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Visalia Draft Municipal Code Update June 4 2018 Page 12 of 35

3. Hazardous waste;

4. Hot ashes;

5. Infectious waste;

6. Medical Waste;

7. Oils;

8. Soil or dirt.

B. Certain wastesshall not be collectedby the city in automatedlift containers, exceptas providedin subsectionE, including. but not belimited to thefollowing:

1. Axles;

2. Brick;

3. Building blocks;

4. Concrete;

5. Heavy machinery parts;

6. Large appliances;

7. Rocks;

8. Soil or dirt;

9. Sod.

Thesewastesmaybeplacedin anappropriateroll -off box or bin for collection.

C. Overweight Loads:

Heavymaterialplacedin binsor roll -off boxescannotexceedtheallowablegrosstransport weight for the trucks. Overweight bins or boxes will not be serviced until they are reduced to anallowableweightby the customer. Maximumroll -off box weight shall not exceed seven (7) tons. All loads must not exceed established Department of Transportation ( DOT) requirements on road weight limits.

D. The city shall not collect hazardouswastesor infectious wastes, either aloneor mixed with other matter which would normally be collected, unless the city establishes specific collection services for such wastes that meets all applicable state and federal rules and regulations.

E. Certainwastelisted undersubsectionsA and B of this sectionmay be collected aspart of special collection services as established by the city.

8. 28. 070 Disabled Exemption.

Notwithstanding any other provisions of this chapter or any other provisions of the city code to the contrary, an exemption from placing a container at the curb as described in Section

8.28.100Cmay be made, upon approval of an application to the Director, to certain serviceusers.

If approved, a " pack out' service will be provided free of charge, where the operator will roll the 118
Visalia Draft Municipal Coae Update June 4, 2018 Page 13 of 35 containers out from the house, service them and roll them back ( containers cannot be in garages or behind fences). The requester must attest and provide verifiable documentation that:

A. They are physically unable to place a full waste container at the curb ( must provide a doctor's note attesting that individual is physically unable to place refuse containers curbside or roll them back after service), AND
B. They can demonstratefinancial inability to subscribeor pay for assistancein moving a container to the curb, as determined by the current standards for household low income thresholdsby the California AlternativeRatesfor Energyprogram (CARE). This can be done by providing a copy of the most current year signed IRS tax form or copies of the last three (3) employers pay stubs, AND
C. There is no other able bodied person living or staying more than 2 hours a day during the week at the address or available that is physically able to place a full waste container curbside.

The Director is authorized to set standards, terms and conditions for said exemptions. The exemptionprovidedfor in this sectionshallbe appliedfor on a form providedby the city and will allow the recipient to receive in -yard service exempt from the applicable curbside " packout" fee asestablishedby resolutionof thecity council. Customersnot qualifyingfor anexemption but still desiring to have their containerspacked out must apply for the service and pay the applicablefee for the service as setforth and approvedby City Council in the City' s Ratesand Fees.

8. 28. 080 Establishment of Rates, Charges and Fees.

Notwithstandingany provision of this chapteror any otherprovision in the Municipal Codeto the contrary, except as outlined in Section 8.28.030C, the rates, charges and fees for regular service establishedor provided for in this chapter shall be establishedby resolution of the city council. Feesfor extra or special serviceshall be setby the Director. (Prior code § 4043)

8. 28. 090 Ownership / Scavenging of Refuse or Rubble.

A. All refuseor rubble placedin containersdesignatedfor refuseor rubble providedby city or franchised permittee shall be consideredowned by and be the responsibility of the city, or franchised permittee. Without permission of the city or franchised permittee, no person shall be allowed to remove waste or materials placed in such a container.

B. All materials placed in recyclable materials containers provided or owned by the generator, shall be considered owned by and be the responsibility of that generator until the material is placed at a city or franchised permittee' s designated point of collection, or in containers as described below on Section 8. 28. 100.
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1 Visalia Draft Municipal Code Update June 4 2018 Page 14 of 35 C. It shall be unlawful for any personto engagein the businessof collecting, removing or transporting, or otherwiseorganizeor directthecollection, removalor transportationof any recyclable materials without first registering as a franchisee with the City.

D. Any personviolating any of the provisionsof this sectionor failing to complywith the mandatoryrequirementsof this sectionshallbeguilty of a misdemeanor. At thediscretion of the enforcementofficer, the violation may alternativelybe chargedasaninfraction or an administrative code violation.

8.28. 100 Container Requirements
A. Container -- Usage.

1. The city hasdeterminedthat automaticlift containerservicewill betheregularservice for all singledwelling units andmultiple dwelling unit complexes (threeunits or less), except where such service, in the opinion of the Director, is impracticable or not feasible. The Director hasthe authorityto requireautomaticlift containerserviceat any refusecollection serviceaccountwithin the city, where suchdesignationwill benefit the city throughmore efficient andeconomiccollection services. Thecity will provide automatic lift containers, unless otherwise authorized by the Director, to all accounts where such service is required.

2. Containers, including automatic lift containers, bins andboxes provided by the city, and container /bin enclosures shall be kept in a sanitary condition by property owners and persons in possession or control thereof.
a. Containers, including automaticlift containers, bins andboxesprovidedby the city shallnot be overfilled by the user. A containershallbe deemedoverfull when the material therein extends above the lip of the container and /or the lid is unable to close fully.
b. Overfilled containers may not be serviced if, in the opinion of the solid waste operator, servicing of the container could likely result in solid wastematerial being spilled to the ground or damage to the waste collection equipment. If an overfilled container was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a collection fee shall be charged.

The customermust remove any excessmaterial prior to the containerbeing serviced and may call to rescheduleservice, if required. A fee for additional service shall apply and shall be determined by the Director.

3. Ashes placed in containers, bins or boxes shall be wet down thoroughly by owners at leastoneday prior to placingthem in a containerfor collectionas a protectionto city employees and city equipment.
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4. Except for foodwaste placed in an organics collection container, bin or box, all wet refuse must be bagged.

5. Any boxes, barrels, packing or wrapping materials, or empty cardboardcontainersleft upon any public street, alley or sidewalk within the city continuously for a period of six hoursor more shall be deemedto be abandonedby the ownersand constituterubbish within the meaning of the term as used in this chapter and shall be subject to be collected and disposedof by the city pursuant to the provisions of this chapter. Cost of disposal shall be charged to the owner.

6. TheDirector maypermitcontainersof different capacitywhen, in his or heropinion, it is impossible or impracticable, because of location, construction or other physical characteristics of the premises, to comply with the capacity limitations outlined in this chapter; provided further, that in the eventthe Director sodetermines, the Director may impose suchconditions as he or shemay deem necessaryto, or convenientupon, the use, location, collection, andphysicalcharacteristicsof anysuchcontainers.

7. It is unlawfulto have, store, deposit, or keepanywastewhereratsor anyotherdisease vector can have access thereto or feed thereon. ( Prior code § 4034) B. Containers -- Types.

It is unlawful to keep, place, or deposit garbageon any private groundsor premiseswhatsoever, except in containers as designated in this section.

1. Automatic Lift Containers.
a. Only the city- authorized automatic lift containers may be used in automatic lift container service areas.

2. Bins.
a. The city will collect appropriately designed commercial compactor bins which have a capacity not exceeding 40 cubic yards.
b. Non -city provided compactor bins must be compatible with city collection equipment andtheir usemust be approved in writing by the Director. c. The city will provide all non - compactor bins with a capacity of two, three, four, six, eight or ten cubic yards for an appropriate rental fee. Additional bin sizes may be available with Director approval. Privately owned or private hauler provided bins are not authorizedfor anywastestreamor servicecollectedby the City. d. Bins, exceptfor six cubic yard andhighercapacitybins, mustbe on rolling castersfor easy mobility unless, upon approval of the Director, they are located where city collections equipment can easily accessthe bins. Bin and enclosure locations shall be as directed by the city.
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Visalia Draft Municipal Code Update June 4, 2018 Page 16 of 35 e. For collection, the area surrounding the bins, the enclosure and the accesspath to the bins or enclosuresmust be clearedof obstaclesthat may block or impair the ability to service the bins. Bins must not be overfull or overweight. In addition, any accessgates that would prevent servicing the bin must be opened, or keys or codesprovided to the City. The bin shall be placedsuchthat a minimum of two feet of spaceis availableon all sides.
f. If the bin was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a collection fee shall be charged.

The customer must call to schedule additional service, if required. The fees for additional service shall be determined by the Director.

3. Boxes ( Roll - Off).
a. The city will provide regular collection service to customers who own or rent commercial compactor roll -off boxes compatible with city collection equipment. All boxes not rented from the city must be approvedby the Director prior to obtaining service.
b. All locations for boxes must be approved by the Director. c. Boxes shall not be filled abovethe top so that they can be easily tarped. Overfull boxes will not be collected.
d. Gross vehicle weight for roll - off trucks cannot exceed 52, 000 pounds. The maximum safe load weight ( material only) to avoid being overweight is seven (7) tons. Boxes which, when filled, exceed the weight limits for gross vehicle weight and individual axle weights establishedby the state, will not be collected unless and until the excess material and weight is reduced to a safe legal limit by the customer. Additional fees andchargesmay be incurred for additional trips and /or service. e. For collection, the areasurroundingthe box must be clearedof any obstaclesthat may block the box, and the rear doors of the box must be securely closed. In addition, any gates that would prevent servicing of the box must be opened or a key or gate code provided to the City. A clearance of forty ( 40) feet is required in front of the box to enable collection.
f. If the box was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a collection fee shall be charged.

The customer must correct the noncompliance and then call to schedule additional service, if required. The fees for additional service shall be determined by the Director.

C. Placing Containers for Collection
All regular residential container collection will be provided from the curb. Certain commercial bin and roll -off box service may be authorized by the Director to be collected 122
Visalia Draft Municipal Cooe Update June 4, 2018 Page 17 of 35 at other locations. The Director has the authority to determine what sizes of automatic lift containers will be used at any and all locations.

1. Container(s) for receiving garbage, rubbish or waste matter must be placed for collection only in the gutter area of a street, not in alleys, on the sidewalk, on a footpath, or on any other public place andonly in accordancewith rules andregulations established under this chapter for the collection of same.

2. Unless otherwise specifically provided in this chapter, any person occupying property upon which refuse or rubble is produced shall place the refuse and /or rubble out for collection in an approved or City provided container, bin or roll -off box. Any container( s) placed for curbside collection shall be placed in the gutter so as to minimize interference with traffic.

3. The handlesof automatic lift containersshall beplacedwith the handlesawayfrom the truck ( toward the sidewalk) for collection. For collection, automatic lift containers shall be within one foot of the curb, two feet from obstructions such as fences, posts and mailboxes, and ten feet from parked cars, boats, trailers, portable sports equipment, and similar obstructions. If there is more than one automatic lift container, then the containers shall be placed at least two feet apart.

4. Containersshall be placed at ground level and shall be locatedsuchthat they will not be apublic nuisance, impedetraffic, or be in any degreeoffensive.

5. Automatic lift container(s), andanyother containersasauthorizedby the Director, shall be placedfor collection no earlierthan sevenp.m. standardtime or eightp.m. daylight savingstime, the evening prior to the scheduledcollection day, and must be available for collection at curbside no later than six a.m. on the day of collection. The container or containers shall be removed from the curb no later than sevenp.m. on the day of collection. Bins and roll -off boxes placed curbside for collection ( except for temporary service) shall meet the time requirement as authorized above, exceptthat they must be available for collection no later than four a.m. on the day of collection, unless otherwise authorized by the Director. Temporary service bins and roll -off boxes may be left at the curb for the term of service.

6. All bins ( except for temporary service), when not placed out for collection, must be kept on the property in appropriate enclosures meeting design specifications issued by the Director, or in locations approvedby the Director.

7. It shall be an infraction to have permanent service containers, bins or boxes placed in such a manner that they are easily visible from public right -of -way on days of no scheduled collection. The Director may extend a waiver of this provision upon application from the property owner. A violation of this section shall constitute an infraction. ( Prior code § 4036)
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8. 28. 110 Special Collection Services.

The city may establisha separateand specialcollection servicefor recyclablewastes, including organic wastes, and establish specific guidelines for such service, which are consistent with the rules and regulations contained within this chapter. The city may also establish or authorize a recyclable waste processing franchise(s) to separate out and process separately collected recyclable wastes.

A. It is an infraction to place anything other than recyclablematerials, as defined by the Director, into recycling collection containers.

B. Recyclable Material. Unless otherwise provided by contract, recyclable materials, including but not limited to paper, glass, cardboard, plastics, ferrous metal, aluminum, and other waste materials which are segregated for the purpose of recycling and placed in authorized containers at the designated collection location, may not be removed by anyone other than the city or authorized collection agent of the city.

C. The city may provide special collection services for collection of refuse in excess of amounts normally collected or at a time other than the normal scheduled route, and for special, hard -to- handle, and /or bulky wastes. The fees will be based on the cost of providing the services.

D. The city may provide refuse and rubble collection service outside the city limits according to service schedules and for fees as prepared by the Director and approved by the city council and the county. ( Prior code § 4037)

8.28. 120 Special Hauling.

Except as provided in Section 8.28.130 below, any owner of any premises may contract only with the city for specialhaul servicefor theremovalof refuseor rubble in residentialcontainers or commercial bins or boxes, except construction, demolition, tree trimming and yard maintenance contractors may remove rubble and/ or recyclables produced as a result of their contract service if transported in equipment owned by the contractor, and only upon receiving authorizationin writing from the Director for removal of constructionrubble andrecyclables.

A. In addition to the required minimum refuse services as determined in section 8.28. 050 above and provided by the City or its authorized designee, an owner or occupant of any premises may self -haul refuse and rubble generated on their premises to an appropriate county disposal site, another city- designated sanitary fill site, hazardous waste collection site, or organics or recycling collection facility. The owner or occupant is, however, still required to maintain minimum City provided refuse services as defined in section 8.28.050 above, andpayall associatedfeesfor the serviceasestablishedby the city. 124
Visalia Draft Municipal Code Update June 4, 2018 Page 19 of 35 B. All refuse and rubble hauled by any person (or firm) over public streetsin the city shall be securelycoveredduring hauling thereof so asto preventleakage, spillage, or blowing. No person shall allow refuseor rubble of any kind whatsoeverto leak, spill, blow or drop from any vehicle onto any public street within the city. The cost of cleanup associatedwith any such spillage shall be borne by the owner of the vehicle transporting the material.

8. 28. 130 Roll - Off Box Franchised Permittee Requirements.

Any owner of any premises may contract with a franchise permittee for removal of construction and demolition and or recyclablematerials collected in roll -off boxes or compactorsonly.

Additionally, any provider of construction, demolition and yard maintenance services may contract for roll - off box services with a franchise permittee for removal of construction and demolition and/or recyclables generated as result of their services. The Director may issue a franchise permit to contractors to provide services pursuant to this section subject to the following conditions and limitations:

A. Franchise Permit. A franchise permit must be acquired before any roll -off bin services can be provided within the city limits. The franchise permit shall be for the duration of one year. It may be renewed annually provided the permit holder has complied with all terms and conditions of this section.

B. Reporting. All franchise permittees will be required to report quarterly. The report shall include a listing of all boxes in the franchise permittee' s inventory by serial number and size, the location of each box in service in the City limits, what type of material the box is collecting, how many times each box has been emptied during the reporting period, and tonnage of each load.

C. FranchiseFee. All franchisepermitteeswill berequiredto pay a quarterlyfranchisefeeat the time they submit their quarterly report. The private contractorwill pay twenty -five dollars ($25.00) per roll off box per empty that was placed in service during the reporting period. In January of every year there will be an increasein the franchise fee per empty basedon the consumerprice index. (U.S. CPI -U) Feesaredue to the city by the fifteenth of April, July, October andJanuary.

D. Franchise Fee Exceptions. There shall be no exceptions granted to the franchise permit and fee requirement, except as granted by the Public Works Director on a case -by -casebasis.

The franchise fee and franchise permit process shall not apply in instances involving a hauler paying personsor entities to obtain recyclable materials as provided for in this section. The hauler must provide proof of payment to the Public Works Director for each roll off box in service. Without submitting proof of payment for materials collected, the hauler will be presumed to be in violation of the franchise fee requirement. 125
Visalia Draft Municipal Code Update June 4 2018 Page 20 of 35 E. Inspection. All franchise permittee equipment utilized to perform the services authorized by the franchisepermit shall be subjectto inspectionby the Director or the Director's delegated representative. All such equipment shall meet state regulations and requirements andbe inspectedasrequiredby suchregulations. It shall be maintainedin goodworking order. Such equipment, other inspection reports and maintenance records shall be subject to inspectionby the Director or the Director's representativeat any time upon reasonable notice.

F. Roll -Off Boxes. All roll -off boxes utilized to provide the services authorized by the franchise permit shall meet city specifications and be identified with a unique serial number. The city shall be provided all vehicle identification licenseplate numbersfor vehicles used to transport construction, demolition and recyclable waste. Roll - off boxes must be covered while transporting to prevent materials from blowing out along public streetsor otherwise escaping from such vehicle.

G. Proof of Insurance and Business License. The franchise permittee shall provide copies of required vehicle insurance, worker' s compensation insurance, comprehensive general liability insuranceandevidenceof businesslicense.

H. Record Maintenance. The franchise permittee shall maintain records of all demolition, construction and/ or recyclable materials hauled pursuant to the permits granted under this section. Such records shall indicate where such demolition, construction and /or recyclable materials were disposed. Records must be kept for a period of at least five years and shall, upon reasonable request, be made available to the Director or Director' s delegated representative for inspection.

I. Right to Audit. The Director or Director' s delegated representative may conduct an audit of the franchise permit holder' s records upon reasonable notice. The purpose of such audit will be to determine that the franchise permittee has complied with all the provisions of this section with respect to hauling demolition, construction and /or recyclable materials. Such audit may alsobe for the purposewhetherthe franchisepermit holder haspaid the requisite franchisefees asmandatedby the provisions of this section.

J. City Right to Revoke Franchise Permit. The Director may revoke the franchise permit provided under this section for failure of the franchise permit holder to comply with the terms andconditions of this section or make required franchise fee paymentsto the city. In the event the Director determines that the franchise permit holder has failed to comply with the terms of this ordinance or to make the requisite franchise fee payments, the Director shall notify the franchise permit holder of his or her intention to revoke the permit in writing at leastfifteen (15) daysprior to suchrevocation. The franchisepermit holder may request a hearing before the Director to contestthe proposedrevocation of the permit and present evidence to support his or her position. After the conduct of such hearing the 126
Visalia Draft Municipal Coae Update June 4, 2018 Page 21 of 35 Director shall makea written finding with respectto the revocation of the franchisepermit which determinationshall befinal. The Director mayalsodeterminenot to renewapermit if he or she finds that the permit holder has been in violation of the terms and conditions of this sectionor hasfailed to pay the franchisefees asrequired by this section.

K. Each franchised permittee shall provide information to each of its customers about recycling servicesasfollows:

1. Types of recyclable materials accepted, the location of recycling Containers, and the customer' s responsibility to recycle pursuant to this section. This information shall be distributedto all customersannually;

2. All new customers shall be given information and instructions upon establishment of service with the franchised permittee; and

3. All customers shall be given new information and instructions upon any change in recycling service.

8. 28. 140 City Provided Temporary Bin and Roll -Off Box Service The city may provide temporary bin and roll -off box service for residential accounts or areas upon application for such service, and upon a finding by the Director that regular service would not be appropriate. Temporary service may be authorized for short-term, intermittent refuse and /or rubble collection needs. Temporary service shall not be authorized to replace regular, minimum service.

A. Length of Service. Except for verified permitted construction projects, temporary bin or roll -off servicewill not be authorizedfor a period longer than 30 dayswithin any given 12 month period, unlessauthorizedby the Director or his or her designee. This is to minimize unsightly appearance, opportunity for illegal dumping and/or scavenging and congestion/loss of parking that temporary bins or boxescan causein a neighborhood.

B. Priorit . Temporary service requestsareacceptedon a first -call, first - servicebasis.

C. Location. Bins provided by the city for temporary service shall be placed for curbside collection no later than four a.m. on the morning of scheduledcollection. The bin shall be placed such that a minimum of four feet of space is available on all sides of the bin so the bin may be serviced. The bin shall not be overfull or overweight. If the bin was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a minimum collection fee shall be charged to the account of the customer. The customer must correct the noncompliance and then call to reschedule collection service. 127
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Visalia Draft Municipal Code Update June 4 2018 Page 22 of 35 D. TemporaryRoll -off Boxes. For collection, the areasurroundingthe box must be clearedof any obstaclesthat may block the box, and the rear doors of the box must be securely closed. The box shall not be overfull or overweight. In addition, any gates that would preventservicing of the box must be opened, or a key or gatecode suppliedto the City. A clearanceof forty (40) feetis neededin frontof theboxto enablecollection. If thebox was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a minimum collection fee will be charged to the account of the customer. The customer must correct the noncompliance and then call to reschedule collection service. ( Prior code § 4039)
E. Responsibility. It will bethe responsibilityof thepersonrentingthe temporarybin or box to ensure that the container;

1. Does not create an unsightly or unsafe environment around the containerin the neighborhoodwherethe containeris placedor being used. Complaintsfrom the public about the container or its contents may be causefor the City to remove the container andnot allow temporary bin or box rental at that location.

2. Does not become over full or have rubble or rubbish placed, dropped or scattered around the container. The area around the container shall be kept clean and free of debris at all times.

3. Is not subject to or available for illegal dumping or scavenging. It will be the responsibilityof the personrenting the temporarybin or box to properly collect and disposeof any materials illegally dumped, scavengedor scatteredin or around the bin or box.

8. 28. 150 Commercial and Multi - Family Recycling Requirements A. Each generator of commercial solid waste or multi - family dwellings of 5 or more units, referred to herein as a " Commercial generator" shall be responsible for ensuring and demonstratingits compliancewith the requirementsof this section. Nothing in this section shall preclude any person from self- hauling recyclable materials generatedby that person to a recycling facility.

B. Commercial Generator Self -haul. A Commercial generator may transport recyclable materials generatedat its businessor property to a recycling facility only if the Commercial generator completes its activity by utilizing a vehicle owned by either the Commercial generator or generator's employee. This self -haul exemption does not include contracting with a third party to transport the recyclable materials except as permitted herein. A self - hauler must retain on -site a self - hauling form certifying that all self - hauling activities will be completed in accordance with this section or any other applicable law or regulation. The 128
Visalia Draft Municipal Code Update June 4, 2018 Page 23 of 35 self - hauling form shall be made available to the Public Works Director or designeeupon request. At a minimum, the Commercial generator shall provide the following information on the self - hauling form:

1. The name, address and telephone number of the Commercial generator' s representative that will be signing the self - hauling form.

2. A list of the types of recyclable materials that are being transported.

3. For each type of recyclable material, the amount that is being taken from the Commercialgenerator's businessor propertyto a recycling facility on a quarterlybasis.

4. The name and addressof the recycling facility.

5. A written statement, signedby the Commercial generatoror representative, certifying that the generator is in compliance with the requirements of this Section. a. The Public Works Director or designeemay restrict or prohibit self - hauling by a Commercial generator if it is determined that after providing notice and an opportunityfor a hearing, the Commercialgenerator's self - haulingactivitiesviolate the provisions of this section or any other applicable law or regulation.

C. On - site Practices.

1. Each Commercial generator shall use separate and readily identifiable containers to collect and store recyclable materials and shall designate areas to collect and/ or store recyclable materials.

2. Each Commercial generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials are collected and/or stored that specify the materials to be recycled and how to recycle such material.

3. Each Commercial generator shall notify and instruct employees or tenants in writing of applicable recycling requirements, including outreach and training on what materials arerequired to be recycled and how to recycle such material. A copy of such instruction or training materials shall be provided to the Public Works Director or designeeupon request.

D. All recyclable materials shall be placed for collection in City provided or approvedcovered containers. No container shall be loaded beyond its capacity. It shall be the Commercial generator's responsibility to keep the containersused for the storageand collection of recyclable material generated on the premises in a clean and sanitary condition. No material or containers shall be kept or handled in such a manner as to become a nuisance. 129
Visalia Draft Municinal Code Update June 4 2018 Page 24 of 35 No recyclable material shall be allowed to become odoriferous or a producer of vermin.

Lids on containers shall remain closed at all times while stored or placed for collection.

The Public Works Director is specifically authorized to promulgate rules and regulations regardingany and all recyclablematerialcontainersincluding organiccontainersand as related to the recyclable materials to be placed therein, the placement and maximum weight of high- density materials for collection andthe proper useof containers.

E. Required Collection of Recyclable Materials. Each commercial generator shall arrange for the collection of recyclable material through one of the following methods:

1. Utilize the recycling services of city; or

2. Enter into a written service agreement with a franchised permittee or enter into a written service agreement with recycling business that pays the commercial generator for recyclable materials collected and is exempt from city franchise requirements.

Should the commercial generator choose to enter into an agreement with a franchised permittee, the commercial generator shall be responsible for verifying that the franchised permittee holds a valid business license with the City and is a permitted franchisehauler within the City limits; or

3. Self haul recyclable materials generated on site; complete and retain on - site a self - haulingform certifying thatall self - haulingactivitieswill becompletedin accordance with thisordinanceor anyotherapplicablelaw or regulation. A copyof suchform shall be available to the Public Works Director upon request.

4. Each commercial generatorentering into a written service agreementwith a franchised permittee or self - hauling recyclable materials shall ensure all recyclable materials are source separated.

5. Recyclingserviceagreementsandall otherrecyclingdocumentsshallbe availablefor inspectionby the Public Works Director or designeeat the principal location of the Commercial generator's business, Commercial facility, special event, or non - residential property during normal business hours.

6. Each commercial generator shall ensure that recyclable materials generated at the Commercial generator's site will be taken only to a recycling or composting facility or make other arrangements to ensure that the materials are recycled or composted and not delivered to a landfill for disposal. Commercial generators shall not dispose of, or arrange for disposal of recyclable materials by placement in a landfill except in an emergencysituation, or when no viable markets or recycling facilities are available, as determined by the Public Works Director. Further, all Commercial generators are encouragedto considerrecycling additional materials, whether or not they have been specificallydesignatedby thePublic WorksDirector.
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Visalia Draft Municipal Cone Update June 4, 2018 Page 25 of 35 F. Commercial and multi - family recycling exemption. The following shall be exempt from the requirements of this section:

The State of California, a special district or other local public agency other than the City, as defined, or any employee thereof, when collecting or transporting recyclable materialsproduced by operation or systemof the entities describedabove.

2. Municipal corporations and governmental agencies other than City using their own vehicles and employees engaged in the collection, transportation or disposal of recyclable materials within the boundaries of the City.

3. A Commercial generator shall be exempt from the requirements in this section if the business, commercial facility or non - residential property:
a. generates less than 4 cubic yards of commercial solid waste per week. This exemption does not apply to special events unless the Commercial generator demonstrates to the Public Works Director that the event will produce less than the threshold amount; or
b. demonstrates to the Public Works Director that there is no collection service or other system available for such materials; or
c. demonstrates to the Public Works Director that there are no recyclable materials being generated by any activities in the Commercial generator's business, commercial facility, or non - residential property; or
d. demonstrates, through a site visit required by the Public Works Director, that either:

There is inadequate storage space for automatic lift Containers, bins or roll - off boxes for recyclable materials on site and that it is infeasible for the commercial generator to share automatic lift Containers, bins or roll - off bins for recyclable materials with a another Commercial generatoror an adjoining property; or
ii. Compliance with this section will result in a violation of zoning codes or City regulations for minimum parking spaces.
iii. If, after reviewing the site, the Public Works Director determines that it is feasible for recycling Containers to be placed either on -site or shared with an adjoining business or property, then the Commercial generator will not be exempted from these requirements and will be responsible for full compliance with this section.
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Visalia Draft Municipal Code Update June 4 2018 Page 26 of 35 e. demonstrates to the Public Works Director that there are no viable markets or recycling facilities available, as determined by the Public Works Director or designee.

G. If the Commercial generator seeks an exemption, an application for such exemption shall be submitted in writing to the Public Works Director. After reviewing the exemption request, and after an on -site review, if applicable, the Public Works Director may either approve or disapprove the exemption request.

H. A violation of this section shall constitute an infraction.

8. 28. 160 Mandatory Commercial andMulti- Family Organic RecyclingRequirements Each generatorof commercial solid waste or multi - family dwellings of 5 or more units, referred to herein as a " Commercial generator" shall be responsible for ensuring and demonstrating its compliance with the requirements of this section. Nothing in this chapter shall preclude any person from self - hauling organic waste generatedby that person to an organic waste or compost facility.

Commercial generator self -haul. A generator may transport organic waste generated at its business or property to an organic waste recycling facility only if the Commercial generator completes its activity by utilizing a vehicle owned by either the generator or generator's employee. This self -haul exemption does not include contracting with a third party to transport the organic waste. A self - hauler must retain on -site a self - hauling form certifying that all self - hauling activitieswill be completedin accordancewith this sectionor any other applicablelaw or regulation. The self - hauling form shall be made available to the Public Works Director or designee upon request. At a minimum, the Commercial generator shall provide the following information on the self - hauling form:

A. The name, address and telephone number of the Commercial generator' s representative that will be signing the self - hauling form.

A list of the types of organic waste that arebeing transported.

2. For each type of organic waste, the amount that is being taken from the Commercial generator's businessor propertyto anorganicwastefacility on aquarterly basis.

3. The name and addressof the recycling facility.

4. A written statement, signed by the Commercial generator or representative, certifying that the generator is in compliance with the requirements of this Section. 132
Visalia Draft Municipal Coue Update June 4, 2018 Page 27 of 35 B. ThePublic Works Directormayrestrict or prohibit self - haulingby a Commercialgenerator if the PublicWorks Director determines, after providing noticeandan opportunityfor a hearing, that the Commercial generator's self - hauling activities violate the provisions of this section or any other applicable law or regulation.

C. On -site Practices.

1. Each Commercial generator shall use containers to collect and store organic waste and shall designate areas to collect and /or store organic waste.

2. EachCommercialgeneratorshallprominentlypost andmaintainone or more signsin maintenance or work areas or common areas where organic waste are collected and/ or stored that specify the materials to be recycled and how to recycle such material.

3. EachCommercial generatorshall notify andinstruct employeesor tenantsin writing of applicable recycling requirements, including outreach and training on what materials arerequired to be recycled andhow to recycle suchmaterial. A copy of such instruction or training materials shall be provided to the Public Works Director or designee upon request.

D. All organic waste shall be placed for collection in City provided or approved covered containers. No container shall be loaded beyond 2/3 full to prevent spillage during servicing. It shall be the Commercial generator's responsibility to keep the containers used for the storage and collection of organic waste generated on the premises in a clean and sanitary condition. No material or containers shall be kept or handled in such a manner as to become a nuisance. No organic waste shall be allowed to become odoriferous or a producer of vermin. Lids on containers shall remain closed at all times while stored or placed for collection. The Public Works Director is specifically authorized to promulgate rules and regulations regarding any and all organic waste containers including as related to the organicwasteto beplacedtherein, the placementand maximum weight of high- density materials for Collection and the proper use of Containers.

E. Required collection of organic waste.

1. Each commercial generator shall arrange for the collection of organic waste through one of the following methods:
a. Utilize the recycling services of city; or
b. Enter into a written service agreement with a franchised permittee. Should the Commercial generator chose to enter into an agreement with a franchised permittee, the Commercial generator shall be responsible for verifying that the franchised 133
Visalia Draft Municipal Code Update June 4 2018 Page 28 of 35 permittee holds a valid business license with the City and is in compliance with this ordinance; or
c. Complete and retain on -site a self - hauling form certifying that all self - hauling activities will be completed in accordance with this ordinance or any other applicable law or regulation. A copy of such form shall be provided and made available to the Public Works Director upon request.

2. Each Commercial generatorentering into a written service agreementwith a franchised permittee or self - hauling organic waste shall ensure all organic waste is source separated and contamination kept to a minimum.

3. Any recycling serviceagreementand otherrecycling documentsshallbe availablefor inspection by the Public Works Director or designee at the principal location of the Commercial generator' s business, commercial facility, special event, or non - residential property during normal businesshours.

4. Each Commercial generator shall ensure that organic waste generated at the Commercial generator's site will be taken only to a recycling or composting facility or make other arrangements to ensure that the materials are recycled or composted and not delivered to a landfill for disposal. Commercial generators shall not dispose of, or arrangefor disposalof organicwasteby placementin a landfill exceptin anemergency situation, or when no viable markets or recycling facilities are available, as determined by the Public Works Director. Further, all Commercial generators are encouragedto consider recycling additional materials, whether or not they have been specifically designatedby the Public Works Director.

F. Commercial and Multi - Family Organic Waste Recycling Exemption. The following shall be exempt from the requirements of this section:

1. The State of California, a special district or other local public agency other than the City, as defined, or any employee thereof, when collecting or transporting organic wasteproduced by operation or system of the entities described above.

2. Municipal corporations and governmental agencies other than City using their own vehicles and employees engaged in the Collection, transportation or disposal of organic wastewithin the boundaries of the City.

3. Prior to January 1, 2019, a business, Commercialfacility or non - residentialproperty generating less than 4 cubic yards of organic waste per week. This exemption does not apply to special events unless the Commercial generator demonstratesto the Public Works Director that the event will produce less than the threshold amount. 134
Visalia Draft Municipal Code Update June 4, 2018 Page 29 of 35

4. Onor afterJanuary1, 2019, abusiness, Commercialfacility or non - residentialproperty generatingless than 4 cubic yards of total refuseper week. This exemption doesnot apply to special events unless the Commercial generator demonstrates to the Public Works Director that the event will produce less than the threshold amount.

5. A Commercial generator may not be required to source separateorganic waste if:
a. the Commercial generator demonstrates to the Public Works Director that there is no collection service or other system available for such materials; or b. the Commercial generator demonstrates to the Public Works Director there is no organic waste being generatedby any activities in the Commercial generator's business, commercialfacility, or non - residentialproperty; or. c. there are no viable markets or recycling facilities available, as determined by the Public Works Director.
d. it is determinedthrough a site visit conductedby the Public Works Director or designee, that either:
i. There is inadequate storage space for automatic lift containers, bins or roll - off bins for organic waste on site and that it is infeasible for the Commercial generator to share automatic lift containers, bins or roll - off bins for organic wastewith aCommercialgeneratoror anadjoiningproperty; or ii. Compliance with this section will result in a violation of zoning codesor City regulations for minimum parking spaces.
iii. If, after reviewing the site, the City Manager determines that it is feasible for recycling containers to be placed either on -site or shared with an adjoining business or property, then the Commercial generator will not be exempted from these requirements and will be responsible for full compliance with this section.

G. If the Commercial generator seeks an exemption, an application for such exemption shall be submittedon a form prescribedby the City Manager. After reviewingthe exemption request, and after an on -site review, if applicable, the Public Works Director may either approve or disapprove the exemption request.

H. A violation of this section shall constitute an infraction.

8.28. 170 Administration.
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Visalia Draft Municipal Code Update June 4 2018 Page 30 of 35 Theadministrationof this chapteris the responsibilityof thePublic WorksDirector or his or her designee. The Director shall have the authority to establish rules and regulations required to enforceor carryout theprovisionsof this chapter. TheDirector, anyof his or herstaff authorized by the Director, andsuchotherpersonsasmay be authorizedby the PublicWorksDirectorare authorized to enter any restaurant, hotel or other public place, or yard or out building to determine compliance with the provisions of this chapter. ( Prior code § 4042)

8. 28. 180 Fee collection.

A. Billing for refusedisposalservice, andpaymentthereof, shall be to andby the person residingat a locationor to theownerof thepropertyasstatedin section8.28.050if atenant does not pay. City may require proof of residency prior to opening account and may require a deposit prior to service. Deposit fees must be set and adopted by the Visalia City Council. Upon written application by the property owner of tenant - occupied property, billing andpayment may be to andby eachproperty owner.

B. The date charges for service begin to accrue for refuse service is the date occupancy begins, or the date the bill is transferred to the owner, or the date utility service is activated in occupant' s name, whichever is earliest.

C. If a prepayment or deposit is collected but not entirely used for service, the city may automatically preparea refund; however, it shall be the responsibility of the billing party to apply for the refund.

D. Service chargesshall be calculated on a monthly basis. Service missed as a result of non- compliance with this chapter can be rescheduled for a fee. Service missed as a result of an error by the city can be rescheduledby the customer; however, the monthly service charge will not be adjusted.

E. Schedulesfor billing, payment due datesand delinquency schedulesshall be determinedby the Director. The schedule shall allow at least fifteen ( 15) days for payment prior to considering the unpaid balancedelinquent.

F. At the discretion of the city, service on accounts may be stopped or reduced to a minimum as a result of delinquency. The total dueon all accountsunder the control of the party and a restart fee may be required prior to reinstatement of the necessaryor desired service level.

G. Fees for service may be billed through more than one account on more than one billing system. Balances for eachproperty or each billing period may be transferred within the city billing systemsto ensure collections, or to minimize the service and administration costs of billing.
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Visalia Draft Municipal Code Update June 4, 2018 Page 31 of 35 H. The city may, at the Director' s sole discretion, approve of a temporary suspension in residential service if the residential property will be vacant for a period of not less than three months. A written application for a temporary suspension of residential service must be submittedby the propertyowneror tenanta minimumof ten workingdaysprior to the effective dateof the suspension. Upon approval, all City containersat the propertywill be removed on the effective date of the suspensionand utility service will be terminated for the duration of the temporary suspension. Customer is responsible for all fees accruing to the account prior to the effective date of the temporary suspension of service, without regard to whether the property was occupied prior to the effective date. The Director shall have the authority to establish a fee for the cost of removal and delivery of containers associatedwith a suspension of service. No temporary suspension of service is established for commercial or industrial businesses. ( Ord. 2000 - 18 §§ 1 ( part), 2 ( part), 2000: Ord. 9615 § 2, 1996; prior code § 4044)

8. 28. 190 Late charges.

For refuse collection and disposal service charges, as defined in Section 8.28.080, remaining unpaid balances, which are deemeddelinquentaccordingto the scheduledefined in Section E, there may be addedand collected herewith a latechargeassetby resolution of the City Council, and any such unpaid charge, together with the late charge shall bear interest at the rate as set by resolution of the City Council until paid. (Ord. 2000 -18 §§ 1 ( part), 2 ( part), 2000: prior code § 4045)

8. 28. 200 Delinquent Fee and Late Charge Collection.

A. At the time the fees for owner - occupiedproperty becomedelinquent, or feesfor properties that are not owner- occupied but are being billed to the owner become delinquent until such time as they are fully paid, the delinquent account balance, including late charges, shall constitute an unrecorded lien against the property and, as such, may be identified during a title search. For commercial businesses, delinquent account balances, including late charges, may be consideredanunrecordedlien againstthe businessnameand /or owner of the business.

B. Once a year, the City Council may cause to be prepared a report of delinquent fees including late charges. The Council shall fix a time, date and place for hearingthe report and receive any objections or protests thereto.

C. The Council shall cause notice of hearing to be mailed to the landowners listed on the report not lessthan ten days prior to the dateof the hearing.

D. At a hearing the Council shall hear any objections or protests of landowners liable to be assessedfor delinquent fees, including late charges and administrative fees, as set by 137
Visalia Draft Municipal Code Update June 4 2018 Page 32 of 35 resolution of the City Council. The Council may make revisions or corrections to the report asit deemsjust, afterwhich, by resolution, thereportshallbeconfirmed.

1. The delinquent fees set forth in the report as confirmed shall constitute special assessmentsagainstthe respectiveparcelsof land andare a lien on the propertyfor the amount of such delinquent fees including late charges.

2. A certified copy of the confirmedreport shall be filed with the countyauditorfor the amountsor the respectiveassessmentsagainst the respectiveparcelsof land as they appear on the current assessment roll.

3. The lien( s) created attaches upon recordation, in the office of the county recorder of the county in which the property is situated, of a certified copy of the resolution of confirmation.

4. The assessmentmay be collectedat the sametime andin the samemanneras ordinary county ad valorem property taxes are collected and shall be subject to the same penaltiesandthe sameprocedureand salein caseof delinquencyasprovided for such taxes.

5. All laws applicable to the levy, collection and enforcement of county ad valorem propertytaxes shall be applicableto such assessment; except, that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquentfees, as confirmed, relating to suchproperty shall be transferredto the unsecured roll for collection and recorded in the name of the prior property owner following city policies andprocedures.

E. In addition to, or in lieu of other collection processes, delinquent balances may be processed through a collection bureau.

F. In addition or in the alternative, and at the option of the city, the city may file a civil action for the collection of any amountsdue andunpaid. This remedyshall be cumulative and in addition to the remedyof meansof enforcingpaymentof the sum requiredto be paid by this chapter stated in subsection 8.28. 180A through subsection F of this section. ( Ord. 2000 - 18 §§ 1 (part), 2 ( part), 2000: prior code § 4046)

8. 28. 210 Restrictions.
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Visalia Draft Municipal Cooe Update June 4, 2018 Paee 33 of 35 A. It is a misdemeanorfor anypersonto bury refuseat anyplacewithin the city, or to keep, place or deposit refuse on any public or private grounds or premiseswhatsoever, except in containers or receptacles for collection upon premises owned, occupied or under possession and control of such person; provided, however, that lawn and garden trimmings may be composted.

B. It is an infraction to create, causeor addto any refuse accumulationnot placedfor regular or special collection, or to cause the attraction or collection of insects or rodents.

C. It is an infraction to use more service, or causethe city to provide more servicethan is subscribed to.

D. It is aninfractionfor anypersonto burngarbageor rubbishatanytimewithin thecity.

E. It is a misdemeanor to deposit refuse or rubble into containers, bins, or roll - off boxes which are not assignedto the property at which the refuse or rubble is generated.

F. It is amisdemeanorto depositor userefusefor lot filling or levelingpurposes.

G. It is an infraction for any person, firm, corporation or associationto permit anymanureto accumulate on premises under his, her, or its control in such manner or such extent as to give rise to fly breedingconditionsor objectionableodorsuponany public highway, street or alley or upon any premises within the city.

H. It is a misdemeanorfor any person, firm, corporation or association or any agent or employee thereof, to hinder, threaten, impede or obstruct any City refuse collector in the performanceof their duty asdefined in this chapter.

I. It is an infraction for any persons, other than the city or the city' s designee, to collect or remove recyclable or salvageable materials placed by any person in a bag or container labeledfor usein connectionwith a recyclingprogramsponsoredby the city.

J. It is a misdemeanor for any person to collect refuse, waste paper refuse, or rubble within the city or transport samethrough the streets, alleys, and public ways in the city unlesssuch personhasbeenauthorizedin writing to do soby contract or otherwiseby the Director or by statelaw. Nothing hereinshall beconstruedto prohibit any personfrom haulingrefuse, waste paper refuse, or rubble which has been produced on the premisesactually occupied by the personsin his/her own vehicle, by himself /herself or an employee, or asoutlined in Section 8.28. 120. This provision does not apply to voluntary or charitable efforts to collect refuseor rubble for the benefit of the community.
139
Visalia Draft Municipal Code Update June 4 2018 Page 34 of 35 K. It is an infraction to place anything other than the specific recyclable material types, as definedby the Director, into sourceseparatingrecycling collection containers, bins or boxes, including organic collection containers.

L. It is a misdemeanorto dispose of any waste prohibited in Section 8.28.060 into city collection containers, bins or boxes. It is the responsibility of the property owner to dispose of suchwasteproperly. If prohibitedwasteis includedin anycity authorizedautomaticlift container, bin or box, it shall be deemed contaminated and shall not be collected. It shall be the responsibility of the property owner to properly dispose of the waste in containers, boxes or bins deemed contaminated. If an authorized container, automatic lift container, bin or box, including prohibited wastesis inadvertently collected by the city, at the time the city identifies the prohibited wastes, the city shall identify where the prohibited waste originated. The entire truck load shall be considered contaminated. It shall be the responsibilityof thepropertyownerandgeneratorwho disposedof theprohibitedwasteto properly disposeof the entire contaminatedload of refuseand rubble and to cover any related costsincluding, but not limited to, ensuringthat equipmentthat was in contactwith the prohibited waste is safe and decontaminated.

M. It shall be an infraction to mix refuse and rubble of one type in a collection container designated for another type, except as otherwise provided in this Chapter N. Any otherviolationof this chaptershallbeaninfractionunlessspecificallynotedandin the alternativemay beprosecutedasanadministrativecodeviolation of theVisalia Municipal Code. ( Prior code § 4040)

8. 28. 220 Enforcement.

This chapter shall be enforced as a health and safety measure to prevent the nuisances of refuse accumulations and disposition, including odors, insect or rodent attractions, smoke problems or odor problems. The city council finds that each and all of the above specified conditions constitute a public nuisance, and are unlawful, in violation of this chapter, and subject to immediate abatement by any officer of this city. Any costs associated with enforcement and abatement which the city incurs may be charged to the offending party or property owner for reimbursement. Criminal penalties for violations are described below. Alternatively, in its sole discretion, the city may take enforcement action pursuant to the administrative code procedure described in Chapters 1. 12 and 1. 13 of the Visalia Municipal Code.

A. Any person convicted of a misdemeanorunder this Article shall bepunishedby:

1. A fine not to exceed five hundred dollars ($ 500.00) and/or thirty ( 30) days in the county jail for a first violation;
140
Visalia Draft Municipal Code Update June 4, 2018 Page 35 of 35

2. A fine not exceedingone thousanddollars ($1,000.00) and /or ninety (90) daysin the countyjail for a secondviolation of this chapterwithin oneyear; and

3. A fine not exceedingonethousanddollars ($1,000) and/or six monthsin thecountyjail for eachadditional violation of this chapter within one year. Each day that a violation continues shall be regarded as a new and separate offense.

B. Any personconvictedof any infraction of this chaptershallbe punishedby:

1. A fine not exceedingfifty dollars ($50.00) for a first violation;

2. A fine not exceeding one hundred dollars ($ 100. 00) for the second violation of this chapter within one year; and

3. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapterwithin one year. Eachday a violation continuesshall be regardedasa new and separate offense. ( Prior code § 4041)
141
1 ORDINANCE NO. 2022-05

AN ORDINANCE OF THE CITY COUNCIL
UPDATING CHAPTER 8.28.150 and 8.28.160 OF THE VISALIA MUNICIPAL CODE

PERTAINING TO GARBAGE AND RECYCLING COLLECTION SERVICES

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

SECTION 1 – Preamble and Findings. Consistent with its control over municipal affairs and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry.

The City Council of the City of Visalia hereby makes the following findings

A. State Assembly Bills, (AB) 341 and (AB) 1826 apply and mandate source separation, collection, and disposal of recyclables (including organics) for commercial and multi-family properties disposed of at sites other than in landfills and require local agencies to establish compliance and enforcement policies. The threshold that exists in the current ordinance needs to be updated to two yards instead of four yards of generated rubbish per week.

B. State Senate Bill (SB) 1383 requires that jurisdictions enforce on other entities, the requirement for generators to participate in organic waste collection programs.

C. The current City Garbage ordinance 8.28 contains outdated or missing information in sections that do not meet these new mandated recycling and organics collection measures.

SECTION 2 – Revisions to Municipal Code Chapter 8.28. All sections in Visalia Municipal Code 8.28 have been modified as described below. Chapter 8.28 of the Visalia Municipal Code is hereby revised with the following section changes and additions listed below and a copy of the revised Chapter 8.28 is attached hereto and made a part hereof by reference:

Current List of Sections Modified New List of Sections

8.28.150 Mandatory Commercial and Multi-Family
Recycling Requirements (AB 341)

8.28.150 Mandatory Commercial and Multi-Family
Recycling Requirements (AB 341)

8.28.160 Mandatory Commercial and Multi-Family
Organic Recycling Requirements (AB 1826)

8.28.160 Mandatory Commercial and Multi-Family
Organic Recycling Requirements (AB 1826)

SECTION 3 – Effective Date. This ordinance shall take effect thirty (30) days from the date of adoption.

SECTION 4 – Severance. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

142
2 PASSED AND ADOPTED: April 4, 2022 STEVE NELSON, MAYOR

ATTEST: _____________________________

LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY

______________________________

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2022-05 passed and adopted by the Council of the City of Visalia at a regular meeting held on April 4, 2022 and certify a summary of this ordinance has been published in the Visalia Times Delta.

Dated: LESLIE CAVIGLIA, CITY CLERK

_____________________________

By Michelle Nicholson, Chief Deputy City Clerk
143
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0108 Agenda Date: 4/4/2022 Agenda #: 6.

Agenda Item Wording:

Adopt Resolution 2022-14 ordering the Summary Vacation and Abandonment of a portion of public right-of-way on the north side of West Camp Drive, west of South Neeley Street.

Deadline for Action: 4/4/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Luqman Ragabi, Assistant Engineer, [email protected] <mailto:[email protected]> (559)713-4362
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]> (559)713-4025
Department Recommendation:

Staff recommends that City Council adopt Resolution 2022-14 ordering the summary vacation and abandonment of the portion of Camp Drive right-of-way described in the attached legal description and map, without the need for a public hearing.

Background Discussion:

In 1992, the City of Visalia acquired additional right-of-way along the northerly portion of West Camp Drive west of South Neeley Street. The additional right-of-way acquired is a triangular portion approximability 3,080 square feet in area (See Exhibit “A”).The intent of the triangular portion was for future road purposes. Please note, Camp Drive is designed per the City’sold Collector roadway standard of 60-feet in width. The triangular area that makes up a portion of the Camp Drive right-of- way has never used by the public and is no longer necessary for the City’s future road improvements.

The abandonment of this triangular area was identified as no longer being required when the adjacent property to the north was submitted through the City’sSite Plan Review process for the future development of this parcel with a CarMax automobile dealership. In 2021, Parcel Map 5437 was recorded creating a parcel that will facilitate the future development of the CarMax automobile dealership for property to the north of the triangular portion of right-of-way. When the CarMax development was going through the City’s Site Plan Review process, staff concluded that this additional right-of-way was no longer necessary. Based on those discussions, Centerpoint Integrated Solutions, the applicant for the CarMax site, submitted a written request to abandon the excess right- of-way along their Camp Drive frontage. Vehicular access rights or approaches are not permitted along this portion of Camp Drive. Rather, the CarMax development will utilize Hillsdale Avenue as the main vehicular access street to their site as required for all automobile dealerships of the Plaza Auto Mall that abut Camp Drive.

A city can abandon right-of-way per section 7050 under Chapter 12.7 (Dedication of Real Property of Public Purposes) of Division 7 (Miscellaneous) of Title 1 (General) of the Government Code in the Visalia City Council Printed on 4/1/2022Page 1 of 3
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File #: 22-0108 Agenda Date: 4/4/2022 Agenda #: 6.

Public Purposes) of Division 7 (Miscellaneous) of Title 1 (General) of the Government Code in the same manner as prescribed for summary vacations of streets or highways by the California Streets and Highway Code:

Government Code Section 7050:

With the consent of the city, county, or city and county, as the case may be, an irrevocable offer of dedication of real property for any public purpose, including, but not limited to, streets, highways, paths, alleys, including access rights and abutter’srights, drainage, open space, public utility or other public easements, parks, or other public places, may be made pursuant to this section. Such offer of dedication shall be executed, acknowledged, and recorded in the same manner as a conveyance of real property. Such offer of dedication, when recorded in the office of the county recorder, shall be irrevocable and may be accepted at any time by the city council of the city within which such real property is located at the time of acceptance or, if located in unincorporated territory, by the board of supervisors of the county within which such real property is located.

Such offer of dedication may be terminated and the right to accept such offer abandoned in the same manner as is prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code. Such termination and abandonment may be by the city council of the city within which such real property is located or, if located in unincorporated territory, by the board of supervisors of the county within which such real property is located.

The procedure prescribed by this section shall be alternative to any other procedure authorized by law.

The vacation and abandonment of the triangular portion meets the provisions for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code. A local agency may summarily vacate or terminate a street that has been impassable for a period of five consecutive years and no public money was expended for maintenance on the street during such period as stated in section 8331 and for any excess right-of- way in any of the following cases stated in Section 8334 under Chapter 4 (Summary Vacation) of Part 3 (Public Streets, Highways, and Service Easements Vacation Law) of Division 9 (Change of Grade and Vacation) of the California Streets and Highways Code:

Streets and Highway Code Section 8331:
(a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street or highway during such period.

Streets and Highway Code Section 8334:
(a) An excess right-of-way of a street or highway not required for street or highway purposes. (b) A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another.

Under section 7050 of the Government Code, and also under both paragraph “a”and “b”of section 8331 and under paragraph “a”of section 8334 of the referenced California Streets and Highways Code, the excess triangular portion of right-of-way has not been used for five consecutive years and no public money has been expended in that period and also the 3,080 square feet section of right of Visalia City Council Printed on 4/1/2022Page 2 of 3
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File #: 22-0108 Agenda Date: 4/4/2022 Agenda #: 6.
way is in excess and not required for street purposes.

Fiscal Impact:

None.

Prior Council Action:
· On April 6, 1992, the City Council approved the recordation Parcel Map 3991. · On October 21, 2021, Council approved the recordation of Parcel Map 5437.

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

I move to adopt Resolution 2022-14 ordering the summary vacation and abandonment of the portion of Camp Drive right-of-way as described in the attached legal description and map.

Environmental Assessment Status: N/A
CEQA Review:

No review required for this action. The vacation and abandonment of the portion of right-of-way will not have a significant impact on the environment.

Attachments:

1. Resolution No. 2022-14

2. Abandonment Legal Description and Map

3. Location Map

4. Parcel Map 5437
Visalia City Council Printed on 4/1/2022Page 3 of 3
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146
RESOLUTION NO. 2022-14

RESOLUTION ODERING THE

SUMMARY VACATION AND ABANDONMENT

OF A TRIANGULAR PORTION OF PUBLIC RIGHT OF WAY ON WEST CAMP DRIVE

WEST OF SOUTH NEELEY STREET

WHEREAS, the City o f Visalia, State of California, has a portion of unimproved public street right-of-way on West Camp Drive west of South Neeley Street that has not served the purpose for which it was acquired for; and

WHEREAS, the portions of unimproved public street right-of-way on West Camp Drive west of South Neeley Street are in excess of what the City needs for street right - of-way purposes; and

WHEREAS, no public funds have been expended for maintenance of the unimproved street right-of-way during the past five consecutive years; and

WHEREAS, the subject property, consis ting of unimproved street right -of-way has been impassable to vehicular traffic for at least the last five consecutive years preceding this vacation; and

WHEREAS, the City Council of the City of Visalia may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (State of California Streets & Highways Code, § 8300 et seq.); and

WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in § 8330 – 8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets & Highways Code; and

WHEREAS, the summary vacation requirement for a street has been met , pursuant to §8331 and §8334 of the California Streets & Highways Code.

NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Council of the City of Visalia hereby orders the summar y vacation and abandonment of the portion of the unimproved public street right -of-way at West Camp Drive west of South Neeley Street as described in Exhibit “A” and Exhibit “B” attached herein.

2. A public hearing is not required and the use of a summary proceeding is allowed for the vacation of the portion of public right -of-way by having met both cases of section 8331:

147
(a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street or highway during such period.

3. In addition, the use of a summary proceeding is allowed since the subject area also meets the requirements stated in Streets and Highways Code section 8334 paragraph (a), which permits the summary vacation of excess right of way not required for street or highway purposes, and the subject property is no longer necessary with the modifications that have been made to the public right of way at this location..

4. The vacation and abandonment of the street shall become effective the date this Resolution is recorded and after the resolution is recorded this are no longer constitutes a street, highway, or public service easement.

PASSED AND ADOPTED: April 4, 2022 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia , City Clerk of the City of Visalia, certify the foregoing is t he full and true Resolution 2022-14passed and adopted by the Council of the City of Visalia at a regular meeting held on April 4, 2022.

Dated: April 5, 2022 LESLIE B. CAVIGLIA, CITY CLERK

By Michelle E. Nicholson, Chief Deputy City Clerk

148

MILL CREEK
N. Fork PERSIAN

LOCATION MAP
Subject Property
O
City Limit

S NEELEY ST
HWY 98

W CROWLEY AVE

W CAMP DR

S PLAZA DR

W HILLSDALE AVE
MILL CREEK HWY 99
N. FORK PERSIAN
149

OWNER'S STATEMENT

WE HEREBY STATE THAT WE ARE THE LEGAL OWNERS OF, OR HAVE SOME RIGHT, TITLE OR INTEREST

IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN

UPON THIS PARCEL MAP, AND THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID PROPERTY, AND WE CONSENT TO THE MAKING AND FI‘LING OF SAID PARCEL MAP AS SHOWN WITHIN THE BOLD BORDER LINES HEREON.

FOR: BP PEARLA PROPERTIES, LP.

BY- (i‘fl/ f/J/ZOl}
IANTHONY MQMANAGER, A 8: M BRUNO MANAGEMENT, LLC ‘ ‘ ‘ DATE GENERAL PARTNER, BP PEARLA PROPERTIES, LP ‘

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES

ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH

THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA
COUNTY OF__E 2132 l [1.461(1)
ON £1291)?" 3 2014

BEFORE MEI

W NOTARY PUBLIC,
PERSONALLY APPEARED:

BY' Wecm PERSONQ'WHOSE NAM

-MATHEW W. BRUNO, MANAGER, A & M BRUNO MANAGEMENT, LLC

GENERAL PARTNER, BP PEARLA PROPERTIES, LP

BENEFICIARY'S STATEMENT

DATE ACKNOWLEDGED TO ME TH
Emmany M

WHO PROVED TO ME ON THE ASIS OF SATISFACTORY EVIDENCE TO BE THE . 5mm

SUBSCRIBED TO THE WITHIN INSTRUMENT AND
H'ETI'HEY ECUTED THE SAME INflé/HEMHETR
AUTHORIZED CAPACITY(LES~)7 AND THAT BY I&EW SIGNATURES.) ON THE |NSTRUMENT THE PERsom-e), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON@ ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER 'PENALTY OF

PERJURY' UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

THE UNDERSIGNED, AS BENEFICIARY UNDER THE DEED OF TRUST RECORDED SEPTEMBER 8, 2017 AS DOCUMENT NUMBER 2017-0052231, OF OFFICIAL RECORDS, DOES HEREBY JOIN IN AND CONSENT TO

THE EXECUTION OF THE FOREGOING OWNER'S STATEMENT AND TO PREPARATION AND RECORDATION OF THIS MAP AND ALL DEEDING AND DEDICATIONS THEREON. ‘ ‘ ‘ SIGVAfiE OF NOTARY Pm FOR: FARMS & MERCHANTS BANK OF CENTRAL CALIFORNIA
BY: 225:ng
Para: .3. Pmnezsofli AV"? Keuxfiwsm? Mmuueg.

NON-PLOTTABLE EASEMENTS AND CONDITIONS THAT MAY AFFECT

SUBJECT PROPERTY
WITNESS MY HAND AND OFFICIAL SEAL.

PR|NT NAME
80/3/2021
COUNTY OF PRINCIPAL PLACE OF USINESS:

DATE COMMISSION EXPIRES: l?’ Z3
DATE , , . COMMISSION Nong 3
Efiniéws

NO NOTARY SEAL REQUIRED PURSUANT TO SEC. 66436 (C)
OF THE SUBDIVISION MAP ACT.

1. EASEMENT GRANTED TO THE CITY OF VISALIA TO MAINTAIN, OPERATE, REPLACE REMOVE OR RENEW LINES OF

PIPE, OPEN CHANNELS, CONDUITS, CABLES, WIRES, POLES, AND OTHER CONVENIENT STRUCTURES, EQUIPMENT,

AND FIXTURES FOR THE OPERATION OF GAS PIPELINES, TELEGRAPHIC AND TELEPHONE LINES, RAILROAD LINES

AND FOR THE TRANSPORTATION OR DISTRIBUTION OF ELECTRIC ENERGY, PETROLEUM AND ITS PRODUCTS, AMMONIA AND WATER RECORDED DECEMBER 16, 1997 AS INSTRUMENT NO. 97—088192, O.R.T.C.R.

2. MATTERS CONTAINED IN A DOCUMENT ENTITLED "COND|T|ONAL ZONlNG AGREEMENT NO. 2003-01". RECORDED OCTOBER 3, 2003 AS INSTRUMENT NO. 2003-0096292, O.R.T.C.R.

3. MATTERS CONTAINED IN A DOCUMENT ENTITLES "QUITCLAIM AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS" RECORDED SEPTEMBER 2, 2005 AS INSTRUMENT NO. 2005-0096568, O.R.T.C.R.

DEFERRED IMPROVEMENTS 8: FEES

PUBLIC STREET IMPROVEMENTS AND CITY FEES ARE DEFERRED
UNTIL THE DEVELOPMENT OF THE PARCEL.

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES

ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH TH18 CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. . VALIDITY OF THAT DOCUMENT.

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES

ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TQWHICH

THIS CERTIFICATE IS ATTACHED, AND NOT THE TWUTHFULNESS, ACCURACY, OR

STATE OF CALIFQENI
COUNTY OF :{Q "15(de
ON A’iégflfl 3 20;!
BEFORE ME:
2 S! Q! “Q ( ‘a gNOTARYPUBLIC,
PERSONALLY APPEARED:

WHO PROV D TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE

STATE OF CALIFORNIA
COUNTY Mm (Gus
ON Qflg 051’ [1 Joy
BEFORE ME:
2 i mgm W 1 ,NOTARY PUBLIC,
W+NwCDbIMOWHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE

Q

A PORTION OF THE "REMAINDER" PARCEL OF PARCEL MAP NO. 4627, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47 PAGE 32 OF PARCEL MAPS, TULARE COUNTY RECORDS.

EXCEPTING THEREFROM PARCEL 1 OF PARCEL MAP NO. 4767, N THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 48 PAGE 72 OF PARCEL MAPS, TULARE COUNTY RECORDS.

ALSO EXCEPTiNG THEREFROM THAT PORTION THEREOF CONVEYED TO THE CITY OF VISALIA, A MUNICIPAL CORPORATION BY GRANT DEED RECORDED MARCH 16, 2012, INSTRUMENT NO. 2012-0015910, TULARE COUNTY RECORDS. SAID PARCEL BEING SITUATED IN THE SW 1/4 OF SECTION 29, TOWNSHIP 18 SOUTH , RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA.

Engineer: LANE ENGINEERS, NC,
979 N. BLACKSTONE STREET
TULARE, CA 93274
PH. (559) 688-5263
Owner: BF} PEARLA PROPERTIES, LP.
1819 S. WALNUT ROAD
TURLOCK, CA 95381
PH. (209) 667-6455
MARCH 2021

SURVEYOR'S STATEMENT
TPM 2003-10

THIS MAP WAS PREPARED BY ME, OR UNDER MY DIRECTION, AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF BP PERLA PROPERT|ES, LP ON JANUARY 28, 2021. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
5m 47144144», 7/zn/z\
BENJAMIN R. MULLINS, PLS 9227 7 ‘ DATE

CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. »« 9? 3’ 9.

JEFFREY 8. LAND, ClTY SURVEYOR, PLS 8634 DATE

CITY PLANNERS' STATEMENT
I HEREBY STATE THAT THIS PARCEL MAP CONFORMS TO THE TENTATIVE PARCEL MAP NO. 2003—10 APPROVED BY THE CITY OF V|SALIA * PLANNING COMMISSION AT THE REGULAR MEETING HELD ON NOVEMBER 10, 2003. 2;PAUL BERNAE“
, 53/ (8/252! DATE
‘ BOARD OF SUPERVISOR'S STATEMENT
I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TULARE, STATE OF CALIFORNIA, DO HEREBY STATE THAT SAID BOARD OF SUPERVlSORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

DATED: 101 A 1 202:!
JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/

PERSONQWHOSE NAM SUBSCRIBED TO THE WITHIN INSTRUMENT AND PERSONWHOSE NAME IARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND CLERK OF THE BOARD OF SUPERWSORS ACKNOWLEDGED TO ME TH SHEFFHB/ EXECUTED THE SAME lngER-EHBR ACKNOWLEDGED TO ME TH ISHEFf-HEY XECUTED THE SAME IN HEBJIHEJR AUTHORIZED CAPACITY(IEG), AND THAT 3W SIGNATUR ) ON THE AUTHORIZED CAPACITYW D THAT BY HEREIHELR SIGNATUR ) ON THE INSTRUMENT THE PERSONQSj: OR THE ENTITY UPON BEHALF OF WHICH THE INSTRUMENT THE PERSONS), OR THE ENTI UPON BEHALF OF WHICH THE PERSON(S«)~ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER ’PENALTY OF PERSONS) ACTED, EXECUTED THE INSTRUMENT. l CERTIFY UNDER 'PENALTY OF PERJURY' UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PERJURY‘ UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING B PARAGRAPH IS TRUE AND CORRECT. PARAGRAPH IS TRUE AND CORRECT. D WITNESS MY HAND AND OFFICIAL SEAL. WITNE 3 MY HAND AND OFFICIAL SEAL. .

RECORDER 3 STATEMENT
,1 W
DOCUMENTNO.2011' 00 855225 FEE PAID:_.L8_5__°"~£___
SI RE 0F NOTARY PU LIC FILED THIS 19 +13 DAY OF A/ovcrnb er ,20 g! ,AT 1055 2. A .M. IN VOLUME 5 ft OF 310 w m “0 Case PARCEL MAPS AT PAGE ,5 ,5 AT THE REQUEST OF LANE ENGINEERS, INC.

PRINT NAME PRINT NAME
C
COUNTY OF PRINCIPAL PLACE OF BUSINESS: §‘LQhAdU’5
DATE COMMISSION EXP RES: . 1 1 1 '
I W'b . , “
COMMISSION NO. t Mb 'L'L 3 Bsz//W & % W
% ‘3!N0 SCALE COUNTY OF PRINCIPAL PLACE OF BUSINESS: 9" a a; J DATE COMMISSION EXPIRES: Eh lg 'm;
J COMMISISION NO. Zé i5 lpzé 3

VICINITY MAP

SHEET 1 OF 2
JOB NO. 21034
NO NOTARY SEAL REQUIRED PURSUANT TO SEC. 66436 (C)
OF THE SUBDIVISION MAP ACT.

NO NOTARY SEAL REQUIRED PURSUANT TO SEC. 66436 (C)
OF THE SUBDIVISION MAP ACT.

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PARCEL MAP NO. 5"7‘3 7A PORTION OF THE "REMAINDER" PARCEL OF PARCEL MAP NO. 4627, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4? PAGE 32 OF PARCEL MAPS, TULARE COUNTY RECORDS.

EXCEPTING THEREFROM PARCEL 1 OF PARCEL MAP NO. 4767, N THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 48 PAGE 72 OF PARCEL MAPS, TULARE COUNTY RECORDS.

\ I i i I\ \\ \ : : ! : : \ ALSO EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE CITY OF VISALIA, A MUNICIPAL CORPORATION BY \ 4 I : I I 1 GRANT DEED RECORDED MARCH 16, 2012, INSTRUMENT NO. 2012-0015910, TULARE COUNTY RECORDS. SAID PARCEL BEING\(9 l— | \ \ \R 1 i U) I : : \ SITUATED IN THE SW 1/4 OF SECTION 29, TOWNSHIP 18 SOUTH , RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY \ \i, : i E g : \ OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA. \ 93 I I 3 ' 1 1
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\\’R E M A I N D E R, PM 4627 AS SHOWN ON \% H 2 H P A R C E\L\ 2 ‘ D M 4 7 6 7 \6 : : EJ: . . : 3 I\ R N 4 FPARC \‘° " i' M \4627\ EC’ ' BK‘ 8 0 EL MAPS AT PG‘ 72' T'C'R' : : l : l REC. 1N BK. 47 OF PARCEL\MAPS AT PG. 32, T.C.R. j : I i :4 1 ‘ \ ‘I .
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I \ \\::::::::::::_—_—:::_—:_—_—:____:__::_—:_\F:::::::_________________:::____:::::._ _:_—::__:::___—::____:__L7 1 BASIS OF BEARINGS FD- DISK VY/CTR- MARK
N89°49'42"E 1084.41 [N89°49'42"E 1084.41] F%E’LRDCSSE’QSE m”; 930%61233561 _. N _

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_____________________________ 4 IFD. 1/2" REBAR TAG'D 'RCE 33561', E 7“ '6" DEEP. ACCEPTED PER PM 4627. \ L \ \“R "m‘ I EggégiMsIETI‘gEgmNTToEgb/ITSJSE 70431; SEMISALIA 6' EASEMENT GRANTED TO THE CITY OF VISALIA \ 18) >_PURPOSES RECO’RDED JULY 30 2004 AS 0 NO FOR FOR PUBLIC UTILITY AND SIDEWALK \99 LU SCALE. 1.. = 60., . - PURPOSES RECORDED JULY 30, 2004 AS DOC. NO. o .12004-0076051, O.R.T.C.R. \ 2004-0076052, O.R.T.C.R. \f‘ 12 Z E ' _
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E \ § CL ——0— SEARCHED FOR MONUMENT PER PM 4767 AND PM 39910 LL $9 ~ [\ I; AND FOUND NOTHING, SET 1/2" REBAR TAGGED PLS 9227, m 0 4 E g 6" DEEP.
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CL m 4 P ARC E L N O 1 3° 11.1 E () RECORD DATA PER PARCEL MAP NO. 4767 REC. IN BK, 48 0F0_ Z _ 9 % PARCEL MAPS, PG. 72, T.C.R., OR CALCULATED THEREFROM. — .' ‘5 Q 118 5.91 AC. (NET) a L (( )) RECORD DATA PER PARCEL MAP NO. 3991 REC. IN BK. 40 OF0‘ g 05 2 PARCEL MAPS, PG. 95, T.C.R., OR CALCULATED THEREFROM g < E ‘f [1 RECORD DATA PER PARCEL MAP NO. 4627 REC. IN BK. 47 OF8 1 Lu 0. x PARCEL MAPS, PG. 32, T.C.R., OR CALCULATED THEREFROM,499$ 30 I304“ f g , D. g (R) RADIAL BEARING.
————————————— $53 $3 — — — — — °g 8' ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF,‘0 n:
\449 FD. 1/2" REBAR TAG'D 'RCE 33561', BOLD LINE INDICATES SUBDIVISION LIMITS.$499 6" DEEP. ACCEPTED PER PM 4627. $4922 CL OF EASEMENT GRANTED TO SCE FOR PUBLIC$4 “ UTILITIES RECORDED APRIL 29, 1953 IN BOOK$91673, PAGE 88 As DOC. NO. 13913, O.R.T.C.R. 49$f———-——- - r1 - - ~ ~———~-———--——————— — — — — — — — — - _D:- ’1’. .. , FLOOD HAZARD ZONE. 0' 0‘ 4. 1 1 AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCYS' FLOOD INSURANCE RATE MAP (MAP NUMBERZ 1...‘ ‘7 'r“\ 4- WIDE EASEMENT GRANTED TO SCE FOR PUBLIC %: CL OF EASEMENT GRANTED 0610700909E) FOR COMMUNITY NO. 060409, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA, EFFECTIVE JUNE 16, 2009, . 05 , , UTILITIES RECORDED APRIL 29, 1953111 BOOK 1673, g . : To 865 FOR PUBLIC ummes THE PROPERTY SHOWN ON THIS MAP LIES PARTIALLY WITHIN ZONE AE, WHICH ARE SPECIAL FLOOD HAZARD AREAS8 d '1 '1 PAGE 89 AS DOC. NO. 13914. O-R-TC-R- 5 ‘ ‘ RECORDED APRIL 29 1953 ,N SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD WITH BASE FLOOD ELEVATIONS DETERMINED ANDD g , , g; BOOK1673, PAGE 87'As DOC. PARTIALLY WITHIN ZONE X (SHADED), WHICH ARE AREAS OF 0.2% ANNUAL CHANCE FLOODING. THE BASE FLOOD E Q o 'I 'I , 1‘3 NO. 13912, O.R.T.C.R. ELEVATION LINES AND VALUES ARE SHOWN UPON THIS MAP. =§ IJJ Z); I I FD. BROKEN CONCRETE HIGHWAY MONUMENT, 8 ¥ .g g '0 ,' ,’ 24" DEEP. NO CENTER PIN WAS FOUND, LOCATED z \ 800450-3411; (R) \ Wa. «— 1 1 CENTER OF MASS. ACCEPTED PER PM 3991 ‘ BASE FLOOD ELEVATION VALUES SHOWN ON THIS MAP ARE CONVERTED FROM THE NORTH AMERICAN VERITCAL DATUM3; F. 8 1 1 . OF 1988 (NAVD 88) TO THE CITY OF VISALIA DATUM BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD3 Z I 1' '1 29) USING THE CONVERSION FACTOR OF 2.73 ESTABLISHED IN FEDERAL EMERGENCY MANAGEMENT AGENCYS' FLOODE (\J , , 846°01'34"E 56.66 INSURANCE STUDY DATED JUNE 16, 2009. THE CONVERSION FACTOR OF 2.73 IS SUBTRACTED FROM THE NAVD 88 VALUE0 5 ’1 ((S46°01'51"E 56.66)) ‘ TO OBTAIN THE EQUIVALENT NGVD 29 VALUE.

N 1 \.
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W ' $194 \\ \ 9.444 44 4
’E 218.66 ((N89°46'09 E 21866)) '~ — 63.63 ( )
o - . A=0°37'35" A=0°37'35“L _ .. 1 1 FD. BENT 1/2" |.P., NO TAG, LOCATED STRAIGHT PORTION. N89 46 26 E 54'" 2%CTEE’220NPCEE2371 339?.EEP' ' ' CAMP DR. ((889°46'09"w 54,74» R=14970.00 (R=1497o.00)AND RESET 1/2" REBAR TAG’D PLS 9227, 6' DP.

HIGHWAY 198
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Parcel Map Check Report

Parcel Name: Site 1 - ABANDONMENT
North:2,002,323.3125' East:6,444,308.2055'

Course: N70° 02' 26”E Length: 118.55'
North: 2,002,363.7801' East: 6,444,419.6347'

Course: S44° 57' 34”E Length: 57.34'
North: 2,002,323.2059' East: 6,444,460.1515'

Course: N89° 57' 34”W Length: 151.94'
North: 2,002,323.3135' East: 6,444,308.2116'

Perimeter: 327.83' Area: 3,080.31Sq.Ft.

Error Closure: 0.0061 Course: N80° 48' 41”E
Error North : 0.00098 East: 0.00606

Precision 1: 53,742.62
154
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0109 Agenda Date: 4/4/2022 Agenda #: 7.

Agenda Item Wording:

Appointment of Charles Mayer as the Visalia representative on the Tulare Mosquito Abatement District Board of Trustees for the two-year term ending June 30, 2024.

Deadline for Action: 6/20/2022
Submitting Department: Administration
Contact Name and Phone Number: Michelle Nicholson, Chief Deputy City Clerk [email protected] <mailto:[email protected]>; 713-4512 Department Recommendation:

It is recommended that the Visalia City Council reappoint Charles Mayer to a second term as the Visalia representative on the Tulare Mosquito Abatement District Board of Trustees.

Background Discussion:

The Tulare Mosquito Abatement District is a political subdivision of the State of California that monitors, inspects, abates and otherwise controls insects which carry transmittable diseases. This District is similar to Delta Vector Control District, which serves most of Visalia. The Tulare District encompasses a small portion of Southern Visalia, primarily between Demaree and Ben Maddox, south of Caldwell (map attached).

The Tulare Mosquito Abatement District has represented this small portion of Visalia for decades and they are required to have a representative from Visalia that lives in the Tulare Mosquito Abatement District. John Avila, General Manager of the Tulare Mosquito Abatement District is recommending Charles Mayer, who lives in the district and is willing to be reappointed to serve another term as the City of Visalia representative
Fiscal Impact:

N/A
Prior Council Action: November 2018, Charles Mayer appointed to serve his first term as the Visalia representative, June 2020, reappointed for a second term.

Other: N/A
Alternatives: Not appoint Mr. Mayer and direct staff to conduct an additional recruitment.

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File #: 22-0109 Agenda Date: 4/4/2022 Agenda #: 7.

Recommended Motion (and Alternative Motions if expected):

I move to appoint Charles Mayer to serve as the Visalia representative to the Tulare Mosquito Abatement District for a two-year term ending June 30, 2024.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Map of the Visalia portion of the District Visalia City Council Printed on 4/1/2022Page 2 of 2
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T U L A R E M O S Q U IT O A B A T E M E N T A N D V E C T O R C O N T R O L D IS T R IC T 157
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0118 Agenda Date: 4/4/2022 Agenda #: 8.

Agenda Item Wording:

Authorization to accept and appropriate funding for a State of California Housing and Community Development Local Early Action Planning (LEAP) Grant for various community development programs in the amount of $246,000.00.

Deadline for Action: 4/4/2022
Submitting Department: Community Development
Contact Name and Phone Number:

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

City staff recommends that the City Council authorize the City of Visalia Community Development Department to accept and appropriate funding for a State of California Department of Housing and Community Development Local Early Action Planning (LEAP) grant in the amount of $246,000.00 for various community development activities consisting of:

1. Preparation and adoption of the 2023-2031 Housing Element Update (6th Cycle),

2. Zoning Ordinance update improving the City of Visalia's Accessory Dwelling Unit ordinance in compliance with Section 65852.2 of the Government Code.

3. Update the City of Visalia’s Planned Unit Residential Ordinance.

Summary:

The California Department of Housing and Community Development (HCD) announced the release of the Notice of Funding Availability (NOFA) for approximately $119,040,000 as part of the Local Early Action Planning Grants Program (LEAP or Program). LEAP is made available as a portion of the Local Government Planning Support Grants Program pursuant to Chapter 3.1 of Health and Safety Code (Sections 50515.03 (Chapter 159, Statutes of 2019). LEAP provides one-time grant funding to cities and counties to update their planning documents and implement process improvements that will facilitate the acceleration of housing production and help local governments prepare for their 6th cycle RHNA much like the SB2 Planning Grants. The City submitted the grant application on January 4, 2021. On June 29, 2021, the City received notification that the Community Development Department was approved for funding and a conditional commitment of an award in the full amount of $246,000.00. The grant application is now in the awarding process, wherein the State has submitted to the City the Standard Agreement.

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File #: 22-0118 Agenda Date: 4/4/2022 Agenda #: 8.

Background Discussion:

The City of Visalia is proposing use of the Local Early Action Planning (LEAP) grant funds for the City’s preparation of three unique projects, all of which will assist with streamlining housing approvals.

The first project the City of Visalia intends to use grant funding for is the preparation and adoption of the 2023-2031 Housing Element Update (6th Cycle) with the help of a consultant. Based on future estimated RHNA allocation housing units for the City of Visalia, and the opening of the City’sTier 2 Urban Growth Boundary in July 2021, the City will need to ensure that Tier 2 provides adequate land uses to facilitate our housing needs. The City’sphysical growth has been occurring under Growth Tier I since the adoption of the General Plan Update in 2014, and forecasting indicates that residential growth will reach the trigger for expanding into Tier II by the end of 2021 if current building trends continue. The opening of Tier II, with a capacity of 4,408 additional single and multi-family units, is critical to enabling more land for various affordability levels to be developed within the City.

The housing element will:
· Identify and analyze the current and projected housing needs for all economic segments of the community.
· Evaluate the current and potential constraints to meeting those needs. · Inventory and assess availability of land suitable for residential use. · Establish a series of goals, objectives, policies and programs aimed at responding to housing needs, and housing opportunities.

Visalia is seeking to have the housing element adopted prior to December 2023 deadline to be placed back on an 8-year planning housing element update cycle. Through the LEAP grant, $155,000 has been budgeted for this task.

The second project would be a Zoning Ordinance update improving the City of Visalia's accessory dwelling unit ordinance in compliance with Section 65852.2 of the Government Code. The City is currently in the process of working with a local design firm to develop pre-designed Accessory Dwelling Unit (ADU) plans. However, the City’scurrent ADU ordinance, and other zoning ordinance provisions related to ADU’sand accessory structures requires revisions to the City's current ADU ordinance and other components of the Zoning Ordinance to bring it into compliance with Section §65852.2 of the Government Code. With the adoption of an updated ADU ordinance, and permit ready ADU plans, the City of Visalia would seek ways to encourage the construction of ADU’sthat could be counted towards the City’saffordable housing inventory. Through the LEAP grant, $28,500 has been budgeted for this task.

The third project would be an update to the City of Visalia’sPlanned Unit Development Ordinance.

With current growth trends, developers are seeking ways to maximize density by implementing various design techniques including “cluster”housing units, reduced number of units on street frontages, and incorporation of private open space. To ensure that future residential PUD’scan be analyzed and evaluated based on a set of reliable codified design standards that are in keeping with Visalia City Council Printed on 4/1/2022Page 2 of 3
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File #: 22-0118 Agenda Date: 4/4/2022 Agenda #: 8.
analyzed and evaluated based on a set of reliable codified design standards that are in keeping with the PUD Ordinance objectives, staff would seek ways to develop and incorporate these standards into the ordinance so that developers have a clear understanding on the development standards required of these unique projects that seek to develop housing units at a higher density range.

Through the LEAP grant, $62,500 has been budgeted for this task.

Fiscal Impact:

Staff is requesting to appropriate $246,000.00 from the General Fund to fully fund the three projects described in the grant application (i.e., Housing Element 6th Cycle Update $155,000; ADU Ordinance Update $28,500; PRD Ordinance Update $62,500). The LEAP Grant Program does not require matching funds. This grant provides a secure source of funding the preparation and adoption of the 2023-2031 Housing Element Update (6th Cycle), Zoning Ordinance update improving the City of Visalia's ADU ordinance in compliance with Section 65852.2 of the Government Code, and update to the City of Visalia’s Planned Unit Residential Ordinance.

Prior Council Action:

On January 4, 2021, the City Council approved Resolution No. 2020-70, authorizing the Community Development Department to submit a grant proposal under the LEAP Planning Grants Program. The approval also authorized staff to appropriate grant funds. The staff report associated with this action is included as an attachment.

Alternatives: Deny the grant award and the funding for the three proposed projects.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City of Visalia Community Development Department to accept and appropriate funding for a State of California Housing and Community Development LEAP grant in the amount of $246,000 for various community development activities.

Environmental Assessment Status: None.

CEQA Review: No CEQA is required for the grant acceptance.

Attachments:

1. City Council staff report requesting authorization to submit grant proposal, January 4, 2021.

2. State of California Housing and Community Development grant approval letter, June 29, 2021.

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City of Visalia
Agenda Item Transmittal

Meeting Date: 12/21/2020

Agenda Item Number (Assigned by City Clerk): 19.

Agenda Item Wording: Authorization for staff to submit a grant proposal associated with the Local Early Action Planning Grants (LEAP) provisions through State of California Housing and Community Development, appropriate funds if grant is awarded (in the amount of the grant), and approval of Resolution No. 2020-70.

Deadline for Action: 1/4/2021

Submitting Department: Community Development

Cont act Name and Phone Number:

Paul Bernal, City Planner, [email protected] , 713-4025; Curtis Cannon, Community Development Director, [email protected] , 713-4449

Department Recommendation:

City staff recommends that the City Council approve Resolution No. 2020-70 and authorize the Community Development Department to submit a grant proposal to the California Department of Housing and Community Development for consideration under the Local Early Action Planning Grants Program, to request non-competitive funds for the preparation and adoption of the 2023- 2031 Housing Element Update (6th Cycle), Zoning Ord inance update improving the City of Visalia's accessory dwelling unit ordinance in comp liance with Section 65852.2 of the Government Code, and update to the City of Visalia’s Planned Unit Residential Ordinance.

Summary:

The California Department of Housing and Community Development (HCD) announced the release of the Notice of Funding Availability (NOFA ) for approximately $119,040,000 as part of the Local Early Action Planning Grants Program (LEAP or Program). LEAP is made available as a portion of the Local Government Planning Support Grants Program pursuant to Chapter 3.1 of Health and Safety Code (Sections 50515.03 (Chapter 159, Statutes of 2019). LEAP provides one-time grant funding to cities and counties to update their planning documents and implement process improvements that will facilitate the accel eration of housing production and help local governments prepare for their 6th cycle RHNA much like the SB2 Planning Grants.

Staff is proposing to submit a proposal to fund thr ee items that are deemed to have a nexus to accelerate or streamline housing production in the City of Visalia. Staff has been in contact with a regional liaison that is designated under LEAP to provide grant application assistance and help identify eligible activities under the grant program. It was determined through this technical assistance that the City’s proposed activities woul d be in keeping with the goals of the Planning 161

Grants Program. Since funds are being distributed on a non-competitive basis, jurisdictions must simply demonstrate that the activities are mee ting certain thresholds in order to receive funding. The threshold criteria are:
• demonstrating that the locality is consistent with the six State Planning or Other Planning Priorities (this will be demonstrated within the application); • have an impact on accelerating housing production;
• have an adopted housing element (Visalia’s Housing Element was adopted in 2019 and is currently in compliance);
• have submitted an Annual Progress Report for the c urrent year (Visalia has submitted the report this year, as reviewed by the Council on March, 2020); and • have a completed and signed resolution by a Board or Council (see attached resolution).

Based on the general criteria, staff concludes that these projects are the best fit for the grant opportunity in terms of addressing eminent issues affecting Visalia’s housing production. Visalia is eligible for a maximum award amount of $500,000 based on its classification as a medium sized locality, which is an amount that will satisf actorily fund three different projects under one application. The grant application deadline is January 31, 2021, and is being rewarded in two to three month intervals. Funding would be reimbursed on a quarterly basis and work must be completed prior to requesting reimbursement, and ba cked up by invoices and reporting materials with supporting documentation such as pur chase orders, time cards, etc. All expenditures must be made by September 30, 2023.

Background Discussion:

The City of Visalia is proposing use of the Local E arly Action Planning (LEAP) grant funds for the City’s preparation of three unique projects, al l of which will assist with streamlining housing approvals.

The first project the City of Visalia intends to us e grant funding for is the preparation and adoption of the 2023-2031 Housing Element Update (6 th Cycle) with the help of a consultant.

Based on future estimated RHNA allocation housing u nits for the City of Visalia, and the opening of the City’s Tier 2 Urban Growth Boundary in 2021, the City will need to ensure that Tier 2 provides adequate land uses to facilitate ou r housing needs. The City’s physical growth has been occurring under Growth Tier I since the ad option of the General Plan Update in 2014, and forecasting indicates that residential growth w ill reach the trigger for expanding into Tier II by the end of 2021 if current building trends conti nue. The opening of Tier II, with a capacity of 4,408 additional single and multi-family units, is critical to enabling more land for various affordability levels to be developed within the City.

The housing element will:
• Identify and analyze the current and projected hou sing needs for all economic segments of the community.
• Evaluate the current and potential constraints to meeting those needs. 162

• Inventory and assess availability of land suitable for residential use. • Establish a series of goals, objectives, policies and programs aimed at responding to housing needs, and housing opportunities.

Visalia is seeking to have the housing element adop ted prior to February 15, 2024 deadline to be placed back on an 8-year planning housing element update cycle.

The second project would be a Zoning Ordinance upda te improving the City of Visalia's accessory dwelling unit ordinance in compliance with Section 65852.2 of the Government Code.

The City is currently in the process of working wit h a local design firm to develop pre-designed Accessory Dwelling Unit (ADU) plans. However, the C ity’s current ADU ordinance, and other zoning ordinance provisions related to ADU’s and accessory structures, requires revisions to the City's current ADU ordinance and other components o f the Zoning Ordinance to bring it into compliance with Section §65852.2 of the Government Code. With the adoption of an updated ADU ordinance, and permit-ready ADU plans, the City of Visalia would seek ways to encourage the construction of ADU’s that could be counted towards the City’s affordable housing inventory.

The third project would be an update to the City of Visalia’s Planned Unit Development Ordinance. With current growth trends, developers a re seeking ways to maximize density by implementing various design techniques including “c luster” housing units, reduced number of units on street frontages, and incorporation of pri vate open space. To ensure that future residential PUD’s can be analyzed and evaluated bas ed on a set of reliable codified design standards that are in keeping with the PUD Ordinanc e objectives, staff would seek ways to develop and incorporate these standards into the or dinance so that developers have a clear understanding on the development standards required of these unique projects that seek to develop housing units at a higher density range.

Fiscal Impact:

The LEAP Grant Program does not require matching funds. If awarded, this grant would provide a secure source of funding the preparation and adop tion of the 2023-2031 Housing Element Update (6th Cycle), Zoning Ordinance update improvi ng the City of Visalia's accessory dwelling unit ordinance in compliance with Section 65852.2 o f the Government Code, and update to the City of Visalia’s Planned Unit Residential Ordinance.

Prior Council Action: None.

Committee/Commission Review and Action: None.

Alternatives:

1. Do not apply for the LEAP Grant.

Attachments:

1. Resolution No. 2020-70

2. Notice of Funding Availability

163

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to submit a grant proposa l associated with the Local Early Action Planning Grant Application through the State of California H ousing and Community Development, and approve Resolution No. 2020-70.

Copies of this report have been provided to:

Environmental Assessment Status
CEQA Review: No CEQA is required for the grant submittal.

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165
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0124 Agenda Date: 4/4/2022 Agenda #: 9.

Agenda Item Wording:

Authorize the City Manager to enter into an agreement with the Department of Toxic Substance Control (DTSC) for oversight and review of assessment and remediation services as listed in Exhibit C of the agreement in the amount of $32,211 and appropriate $40,000 From the Convention Center Fund.

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

Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that the Visalia City Council Authorize the City Manager to enter into an agreement with the Department of Toxic Substance Control (DTSC) for oversight and review of assessment and remediation services listed in Exhibit C of the agreement in the amount of $32,211.

Staff is also recommending to appropriate $40,000 from the Convention Center Fund for the costs associated with the agreement and to cover miscellaneous cost that are associated with this project.

Background Discussion:

Prior the mid to late 1980’sWillow Avenue was through street connecting Bridge Street and Court Street, where the City of Visalia Convention Center is currently located. In this time period and prior the land within this area was configured amongst various individual parcel of which the City the did not have ownership. This area is located in the block bound by Acequia Avenue to the north, Bridge Street to east, Mineral King Avenue to the south, and Court Street to the west. Within the various parcels not owned by the City a dry cleaning facility operated pre-1970’s.

The City of Visalia began the process of acquiring the various parcels within this block from the mid 1970’sthrough the late 1980’s. This would lead to the construction and establishment of the City of Visalia Convention Center and facilities in its current location.

In the early 2000’s the Department of Toxic Control Substances (DTSC) detected traces of tetrachlorethylene (PCE) in the Visalia area and began evaluating current and past dry cleaning facility locations in order to ensure mitigation assessments and measures of any possible contaminations resulting from operations of these facilities. Due to the Convention Center located on a parcel with historical connection to a dry cleaning facility prior to City of Visalia ownership of the parcel, the DTSC at this time would like City of Visalia to enter into a standard voluntary agreement for oversight and review of assessment and remediation services.

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File #: 22-0124 Agenda Date: 4/4/2022 Agenda #: 9.

Fiscal Impact:

City staff recommends the City enter into an agreement with the Department of Toxic Substance Control in the amount of $32,211 for assessment and remediation services. In addition, staff recommends to appropriate $40,000 from the Convention Center Fund for the costs associated with the agreement and to cover miscellaneous cost that are associated with this project.

Should anything materialize from the efforts identified with in this agreement between the City and DTSC, Staff will return to City Council for direction, approval and additional appropriation if needed.

Prior Council Action:

None
Alternatives:

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

I move to authorize the City Manager to enter into an agreement with the Department of Toxic Substance Control (DTSC) for oversight and review of assessment and remediation services listed in exhibit C of the agreement in the amount of $32,211 and appropriate $40,000 from the Convention Center Fund.

Environmental Assessment Status:

To be determined and completed with agreement services.

CEQA Review:

None
Attachments:

1.) Standard Voluntary Agreement with the California Department of Toxic Substance Control (DTSC) for the matter of the Visalia Convention Center
Visalia City Council Printed on 4/1/2022Page 2 of 2
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STATE OF CALIFORNIA

ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF TOXIC SUBSTANCES CONTROL

1 Standard Voluntary Agreement Model July 30, 2020,
Version Update February 22, 2021

In the Matter of:

Visalia Convention Center

Proponent:

City of Visalia
c/o Mr. Nick Mascia
Public Works Director
336 N. Ben Maddox Way
Visalia, CA 93291

Docket No. HSA-FY20/21-141

Standard Voluntary Agreement

Health and Safety Code
Section 25355.5(a)(1)(C)

The California Department of Toxic Substances Control (DTSC) and the City of Visalia (Proponent) enter into this Standard Voluntary Agreement (Agreement) and agree as follows:

1. Site. This Agreement applies to the Site located at 303 E Acequia Ave, in Tulare County, California 93291 (Site), identified by Tulare County Assessor's Parcel Number(s) 943-020-21 and any off-site area to which hazardous substances have or may have migrated from the Site. The Site is approximately 5 acres in size and is bordered by E Acequia Ave to the north, S Bridge St to the East, E Mineral King Ave to the south and S Court St to the west. The Site shares a city block with a bank, hotel, dentist office and Visalia City Hall. The surrounding land use is zoned as Downton Mixed Use. A Site location map and a Site diagram are attached as Exhibits A and B.

2. Jurisdiction. This Agreement is entered into by DTSC and Proponent pursuant to Health and Safety Code section 25355.5(a)(1)(C), which authorizes DTSC to enter into an enforceable agreement to oversee investigation and/or remediation of a release or a threatened release of any hazardous substance at or from the Site.”

3. Purpose. The purpose of this Agreement is for Proponent to investigate, remediate, and/or evaluate a release, a threatened release, or a potential release of any hazardous substance at or from the Site under the oversight of DTSC. The purpose of this Agreement is also for DTSC to obtain reimbursement from Proponent for DTSC's oversight costs incurred pursuant to this Agreement.

4. Ownership and Notification.
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2 4.1. The Site is owned by the City of Visalia.

4.2. Prior to DTSC providing oversight or review or comment on any document, Proponent shall provide DTSC with all of the following: (a) proof of the identity of all current record owners of fee title to the Site and their mailing addresses; (b) written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by Proponent; and (c) an acknowledgment of the receipt of the notice required in subparagraph (b) from the property owners or proof that Proponent has made reasonable efforts to deliver the notice to the property owner and was unable to do so.

4.3. Proponent shall notify DTSC of any changes in ownership of the Site subsequent to the Effective Date of this Agreement and provide written evidence that Proponent notified the new owner(s) of record of the actions completed or proposed by Proponent under this Agreement.

5. Substances Found at the Site. Based on the information available to DTSC and Proponent, the Site is or may be contaminated with hazardous substances, including tetrachloroethylene (PCE).

6. Scope of Work and DTSC Oversight. DTSC shall review and provide Proponent with written comments on all Proponent’s deliverables as described in Exhibit C (Scope of Work) and other documents applicable to the scope of the project. DTSC shall provide oversight of field activities, including sampling and remedial activities, as appropriate. Proponent agrees to perform all the work required by this Agreement.

Proponent shall perform the work in accordance with applicable local, state and federal statutes, regulations, ordinances, rules and guidance documents, in particular, Health and Safety Code section 25300 et seq., as amended.

7. Additional Activities. DTSC and Proponent may amend this Agreement to include additional activities in accordance with Paragraph 17 of this Agreement.

If DTSC expects to incur additional oversight costs for these additional activities, it will provide an estimate of the additional oversight costs to Proponent.

8. Endangerment During Implementation.

8.1 Proponent shall notify DTSC’s Project Manager immediately upon learning of any condition that may pose an immediate threat to public health or safety or the environment. Within seven days of the onset of such a condition, Proponent shall furnish a report to DTSC, signed by Proponent’s Project Manager, setting forth the conditions and events that occurred and the measures taken in response thereto. 169

3 8.2 In the event DTSC determines that any activity (whether or not pursued in compliance with this Agreement) may pose an imminent or substantial endangerment to the health or safety of people on the Site or in the surrounding area or to the environment, DTSC may request Proponent to conduct additional activities in accordance with Paragraph 7 of this Agreement or to stop further implementation of this Agreement for such period of time as may be needed to abate the endangerment.

DTSC may also request that Proponent implement interim measures to address any immediate threat or imminent or substantial endangerment.

9. Access. Proponent shall provide, and/or obtain access to the Site and take all reasonable efforts to obtain access to offsite areas to which access is necessary to implement the Agreement. Such access shall be provided to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this paragraph is intended or shall be construed to limit in any way the right of entry or inspection that DTSC or any other agency may otherwise have by operation of law.

10. Sampling, Data and Document Availability. When requested by DTSC, Proponent shall make available for DTSC’s inspection, and shall provide copies of, all data and information concerning contamination at or from the Site, including technical records and contractual documents, sampling and monitoring information and photographs and maps, whether or not such data and information was developed pursuant to this Agreement. For all final reports, Proponent shall submit one hard (paper) copy and one electronic copy with all applicable signatures and certification stamps as a text-readable Portable Document Formatted (pdf) file compatible with Adobe Acrobat or a formatted file compatible with Microsoft Word.

11. Record Preservation. Proponent shall retain, during the implementation of this Agreement and for a minimum of six years after its termination, all data, reports, and other documents that relate to the performance of this Agreement. If DTSC requests that some or all of these documents be preserved for a longer period of time, Proponent shall either comply with the request, deliver the documents to DTSC, or permit DTSC to copy the documents at Proponent’s expense prior to destruction.

12. Notification of Field Activities. Proponent shall inform DTSC at least seven calendar days in advance of all field activities pursuant to this Agreement and shall allow DTSC and its authorized representatives to take duplicates of any samples collected by Proponent pursuant to this Agreement.

13. Project Managers. Within 14 business days of the effective date of this Agreement, DTSC and Proponent shall each designate a Project Manager and shall notify each other in writing of the Project Manager selected. The Proponent's Project Manager shall have the technical expertise in project management, regulatory 170

4 compliance, and hazardous substance site investigation and remediation sufficient to fulfill his or her responsibilities. Each Project Manager shall be responsible for overseeing the implementation of this Agreement and for designating a person to act in his/her absence. All communications between DTSC and Proponent, and all notices, documents and correspondence concerning the activities performed pursuant to this Agreement shall be directed through the Project Managers. Each party may change its Project Manager with at least seven days prior written notice.

14. Proponent’s Consultant and Contractor. All engineering work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional engineer licensed in California, with expertise in hazardous substance site investigation and remediation. All geological work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional geologist licensed in California, with expertise in hazardous substance site investigation and remediation. Proponent's contractors and consultants shall have the technical expertise sufficient to fulfill his or her responsibilities. Within 30 days of the effective date of this Agreement, Proponent shall notify DTSC’s Project Manager in writing of the name, title, and qualifications of the registered professional engineer and/or professional geologist and of any contractors or consultants and their personnel to be used in carrying out the work under this Agreement in conformance with applicable state law, including but not limited to, Business and Professions Code sections 6735 and 7835.

15. DTSC Review and Approval. All work performed pursuant to this Agreement is subject to DTSC’s review and approval. If DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Agreement fails to comply with this Agreement or fails to protect public health or safety or the environment, DTSC may (a) return comments to Proponent with recommended changes and a date by which the Proponent must submit to DTSC a revised document incorporating or addressing the recommended changes; or (b) modify the document in consultation with Proponent and approve the document as modified. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to Proponent in writing by DTSC's Branch Chief or his/her designee.

No informal advice, guidance, suggestions or comments by DTSC regarding reports, plans, specifications, schedules or any other writings by the Proponent shall be construed to relieve Proponent of the obligation to obtain such written approvals.

16. Payment.

16.1 Proponent is required to pay (a) all costs incurred by DTSC in association with preparation of this Agreement, and for oversight activities, including review of 171

5 documents, conducted prior to the effective date of this Agreement; and (b) all costs incurred by DTSC in providing oversight pursuant to this Agreement, including review of the documents and activities described in Exhibit C and associated documents, and oversight of field activities. Costs incurred include interest on unpaid amounts that are billed and outstanding more than 60 days from the date of the invoice.

16.2 An estimate of DTSC's oversight costs is attached as Exhibit D. It is understood by the parties that Exhibit D is an estimate and cannot be relied upon as the final cost figure. DTSC may provide an adjusted cost estimate as the work progresses.

Prior to adjusting the cost estimate, DTSC will provide Proponent with a written notice and a detailed explanation of the change to the cost estimate. DTSC will bill Proponent quarterly. Proponent agrees to make payment within 30 days of receipt of DTSC's billing. Such billings will reflect any amounts that have been advanced to DTSC by Proponent.

16.3 All payments made by Proponent pursuant to this Agreement shall be by check payable to the "Department of Toxic Substances Control” and bearing on its face the project code for the Site (Site # 102432) and the docket number HSA-FY20/21-141 of this Agreement. Upon request by Proponent, DTSC may accept payments made by credit cards or electronic funds transfer. Payments by check shall be sent to:

Accounting Office
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806
A photocopy of the check shall be sent concurrently to DTSC's Project Manager.

16.4 DTSC shall retain all cost records associated with the work performed under this Agreement as may be required by state law. DTSC will make all documents that support DTSC's cost determination available for inspection upon request in accordance with the Public Records Act, Government Code section 6250 et seq.

17. Amendments. This Agreement may be amended in writing by mutual agreement of DTSC and Proponent. Such amendment shall be effective the third business day following the day the last party signing the amendment sends its notification of signing to the other party. The parties may agree to a different effective date.

18. Termination for Convenience.

18.1 Except as otherwise provided in this paragraph, each party to this Agreement reserves the right to unilaterally terminate this Agreement for any reason. 172

6 Termination may be accomplished by giving a 30-day advance written notice of the election to terminate this Agreement to the other party. In the event that this Agreement is terminated under Paragraph 18.1, Proponent shall be responsible for DTSC costs through the effective date of termination.

19. Calendar of Tasks and Schedules. The attached Exhibit E (Calendar of Tasks and Schedules) is merely for the convenience of listing in one location the submittals required by this Agreement. The Calendar of Tasks and Schedules lists activities specific to this project based on the available information. DTSC and Proponent shall make a reasonable effort to complete the activity within the schedule outlined in Exhibit E. A schedule for each related activity shall be established as part of this Agreement.

If Proponent is unable to meet the activity’s schedule, Proponent will notify DTSC’s Project Manager 10 days prior to the scheduled action or submittal date. If DTSC is unable to meet the activity’s schedule, DTSC will notify Proponent 10 days prior to the scheduled action or submittal date.

20. Incorporation of Exhibits, Plans and Reports. All exhibits are incorporated into this Agreement by reference. All plans, schedules and reports that require DTSC’s approval and are submitted by Proponent pursuant to this Agreement are incorporated in this Agreement upon DTSC’s approval.

21. Reservation of Rights. DTSC reserves all of its statutory and regulatory powers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs incurred therefor. Proponent reserves all of its statutory and regulatory rights, defenses and remedies available to the Proponent under applicable laws.

22. Non-Admission of Liability. By entering into this Agreement, Proponent does not admit to any finding of fact or conclusion of law set forth in this Agreement or any fault or liability under applicable laws.

23. Proponent Liabilities. Nothing in this Agreement shall constitute or be considered a covenant not to sue, release or satisfaction from liability by DTSC for any condition or claim arising as a result of Proponent's past, current, or future operations or ownership of the Site.

24. Government Liabilities. The State of California or DTSC shall not be liable for any injuries or damages to persons or the Site resulting from acts or omissions by Proponent or by related parties in carrying out activities pursuant to this Agreement, nor 173

7 shall the State of California or DTSC be held as a party to any contract entered into by Proponent or its agents in carrying out the activities pursuant to this Agreement.

25. Third Party Actions. In the event that Proponent is a party to any suit or claim for damages or contribution relating to the Site to which DTSC is not a party, Proponent shall notify DTSC in writing within 10 days after service of the complaint in the third-party action. Proponent shall pay all costs incurred by DTSC relating to such third-party actions, including but not limited to responding to subpoenas.

26. California Law. This Agreement shall be governed, performed and interpreted under the laws of the State of California.

27. Severability. If any portion of this Agreement is ultimately determined not to be enforceable, that portion will be severed from the Agreement and the severability shall not affect the enforceability of the remaining provisions of the Agreement.

28. Proponents Agents. This Agreement applies jointly and severally to Proponent and its agents, receivers, trustees, successors and assignees, and upon DTSC and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement. Proponent shall ensure that its contractors, subcontractors and agents receive a copy of this Agreement and comply with this Agreement.

29. Effective Date. The effective date of this Agreement is the date of signature by DTSC’s authorized representative after this Agreement is first signed by Proponent’s authorized representative. Except as otherwise specified, “days” means calendar days.

30. Representative Authority. Each undersigned representative of the party to this Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the party to this Agreement.

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8 31. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document. This Agreement and documents related to it may be executed and transmitted by facsimile or pdf copy, which copies shall be deemed to be, and utilized in all respects as, an original. However, Proponent must provide the wet-inked signed original of each counterpart to DTSC by mail within 14 calendar days of signing.

_____________________________________ Date: _________________________ Edward J. Walker, P.E.

Branch Chief
Site Mitigation and Restoration Program
Department of Toxic Substances Control

______________________________________ Date: _________________________ Nicholas D. Mascia, P.E., T.E., PTOE
Public Works Director
City of Visalia

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LIST OF EXHIBITS TO THE AGREEMENT
EXHIBIT A: SITE LOCATION MAP
EXHIBIT B: SITE DIAGRAM
EXHIBIT C: SCOPE OF WORK
EXHIBIT D: COST ESTIMATE FOR DTSC OVERSIGHT SERVICES
EXHIBIT E: CALENDAR OF TASKS AND SCHEDULE

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EXHIBIT C

SCOPE OF WORK
The following tasks will be completed as part of this Agreement:

TASK 1 Document Review
Proponent will submit to DTSC available background information, environmental assessment reports, and any other information pertinent to the hazardous substance management, release, characterization, and/or cleanup of the Site. DTSC may review some or all the information to identify areas and media of concern and to determine the additional work, if any, required to complete the investigation (which includes assessment/evaluation activities not requiring field sampling) and/or remediation of the Site. Proponent may also provide environmental investigation and/or cleanup-related documents for a specific review to determine if actions conducted without DTSC oversight were protective of human health and the environment. The information submitted by Proponent shall be reviewed for conformance with DTSC standards for quality assurance/quality control, investigation, and remediation.

Based on DTSC’s review, these documents may be considered to be Preliminary Endangerment Assessment equivalent documents.

Subsequent to its review, DTSC may issue correspondence to the Proponent describing deficiencies of the environmental investigation or cleanup, indicate a limited concurrence with the findings, or make a different determination based on specific circumstances and documents included in the review. For projects where the scope of work is limited to document review only, a formal scoping meeting may not be required, based on mutual agreement between DTSC and the Proponent.

Documents included in this task are:

1. Follow-up Indoor Air Quality Assessment Report, prepared by AMEC and dated May 2012.

TASK 2 Scoping Meeting
Scoping meetings are required for all voluntary projects where investigation or cleanup is an anticipated aspect of the scope of work; these are conducted shortly after the agreement has been executed, or depending on specific circumstances, may be held during the agreement-negotiation period. During the scoping meeting, potential issues, concerns, opportunities to optimize and expedite the investigation (which includes assessment/evaluation activities not requiring field sampling) and cleanup process, as applicable, and end-points/exit criteria will be discussed. 179

13 Standard Voluntary Agreement Model July 30, 2020
An abbreviated version of the scoping meeting is recommended prior to submittal of work plans, reports and cleanup plans to ensure that both the Proponent and DTSC are moving forward with clear and well-defined expectations.

The following elements may be addressed during the Scoping Meeting:
a) Site Objectives: current and proposed future land uses and redevelopment plans and timetables, etc.
b) Site History: historic operations and land uses, chemical uses, hazardous substance releases, permits, etc.
c) Conceptual Site Model: identification of size, location, geology, lithology, hydrogeology, areas of concern, contaminants of concern, recognized environmental conditions, historic sampling locations and results, data gaps, risk assessments, offsite concerns, etc.
d) Scope of Work: scope of work (phases) as specified in the Agreement based on the available information and preliminary document review; may include discussion about the cleanup determination (e.g., “No Further Action”) and decision document proposed for the Site, e.g., Preliminary Endangerment Assessment, Removal Action Work Plan for removal action with costs below $2 million, or Remedial Action Plan for projects exceeding $2 million in capital costs, or proposing innovative technologies, etc.
e) Data Quality Objectives and Remedial Action Objectives: discussion of specific Data Quality Objectives to ensure that appropriate data of sufficient quality is collected to facilitate decision-making; discussion of potential cleanup goals and objectives.
f) Risk Assessment and Models: evaluation of published screening levels, if available and appropriate, or use of project-specific risk assessments; discuss risk management and risk communication strategies.
g) California Environmental Quality Act (CEQA) requirements: identification of project-specific requirements where applicable, e.g., cultural resources, traffic concerns, ecological resource protection, etc.; identify what DTSC’s CEQA role is predicted to be, which documents will be developed, and how to integrate CEQA needs within the overall schedule.
h) Public Participation & Tribal Outreach: discussion of community and tribal involvement and public outreach process, methods, translation needs, and schedule.
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i) Schedule: agreed-upon submittal and review dates and timelines for work plans, fact sheets, reports and other key documents; development of optimal sequencing of activities to efficiently reach project goals. j) Resources: Review checklists, quick reference sheets, and templates are available for use by those developing documents for DTSC review and approval. (These tools will be periodically updated and may be made available to Proponents by the DTSC Project Manager)
k) Exit Strategy & Completion of Agreement: proposed future land use, Site acquisition and construction dates, funding limitations or requirements, approval for occupancy, etc. to ensure alignment of Proponent and DTSC goals. l) Site Visit: A visit to the Site will be conducted to verify and confirm current conditions and project discussions; the visit may take place on the same date as the scoping meeting. Subsequent visits may be needed if Site conditions change, if new staff are assigned, or for field oversight.

TASK 3 Preliminary Endangerment Assessment (PEA)
If required by DTSC, Proponent agrees to conduct a PEA or utilize PEA-equivalent documentation to determine whether a release or threatened release of hazardous substances exists at the Site, which poses a threat to human health or the environment.

The PEA shall be conducted in accordance with the most current DTSC guidance manual for evaluating hazardous substance release sites titled, Preliminary Endangerment Assessment Guidance Manual, State of California, Environmental Protection Agency, Department of Toxic Substances Control. Specific requirements of the PEA that are not typically required for other types of investigations include the site- specific human health and ecological screening evaluations, public participation requirements, data collection, and scoping activities.

Documents are required as part of the PEA are:

3.1 PEA Work Plan. This work plan shall include a sampling plan designed to determine the type and general extent of contamination at the Property; a health and safety plan addressing health and safety issues and safe work practices; and a quality assurance/quality control plan to produce data of known quality.

3.2 PEA Report. This report will document whether a release has occurred, or threatened release exists, the threat the Site poses to human health and the environment, and whether further action is necessary.

3.3 PEA with a Land Use Covenant. If a Land Use Covenant (LUC) is being implemented during the PEA phase as a final remedy, Proponent, under the 181

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direction of DTSC, will comply with applicable public notice requirements and requirements to notify the current and adjacent property owners.

In the event that DTSC determines that further action is needed upon completion of Task 3, the following additional tasks may be requested. Additional tasks will be included as a new cost estimate and scope of work to this Agreement.

TASK 4 Supplemental Site Investigation (SSI)

4.1 SSI Work Plan. Proponent will submit a work plan that describes the activities proposed to further characterize soil, soil gas, surface water and/or groundwater.

The work plan should also include a health and safety plan, quality assurance/quality control plan, sampling plan, and implementation schedule.

Proponent will begin implementation of the approved work plan in accordance with the approved implementation schedule. DTSC may provide oversight of work plan implementation.

4.2 SSI Report. Proponent will submit an SSI Report that, at a minimum, presents the data, summarizes the findings of the investigation, validates the data, and includes recommendations and conclusions.

TASK 5 Health Risk Assessment
Proponent will conduct a risk evaluation consistent with U.S. EPA Risk Assessment Guidance for Superfund and the most current version of the applicable DTSC guidance documents. This evaluation must identify chemicals of concern and potential routes of exposure; characterize the potential risk and/or non-cancer hazard; evaluate potential threats to environmental receptors; consider existing and contemplate uses; and identify cleanup goals.

TASK 6 Remedy Selection Document

6.1 Removal Action Work Plan. If DTSC determines a removal action is appropriate, Proponent agrees to prepare a Removal Action Work Plan (RAW) in accordance with Health and Safety Code sections 25323.1 and 25356.1.

The Removal Action Work Plan will include:
• A description of the onsite contamination;
• The goals to be achieved by the removal action;
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• An analysis of the alternative options considered and rejected and the basis for that rejection. This should include a discussion for each alternative which covers its effectiveness, implementability and cost;
• A description of the recommended alternative (including any required land use covenants, financial assurance, and operation and maintenance plan and agreement requirements).
• Administrative record list;
• Sampling and Analysis Plan with corresponding Quality Assurance Plan to confirm the effectiveness of the RAW, if applicable; and • Health and Safety Plan describing methods that will be employed during the removal action to ensure the health and safety of workers and the public during the removal action. A detailed community air monitoring plan shall be included if requested by DTSC.

6.2 Remedial Action Plan. If the proposed removal action does not meet the requirements of Health and Safety Code section 25356.1(h), Proponent agrees to prepare a Remedial Action Plan (RAP) in accordance with Health and Safety Code section 25356.1(c) for DTSC review and approval.

The RAP summarizes the results of the site characterization, risk evaluation and feasibility study and sets forth in detail appropriate steps to remedy soil, surface water and groundwater contamination at the Site and adjacent areas. In addition, the RAP shall contain a schedule for implementation of all proposed removal and remedial actions.

TASK 7 California Environmental Quality Act (CEQA)
In order to meet CEQA obligations, DTSC will prepare the necessary CEQA documents.

If required, the Proponent shall submit the information necessary for DTSC to prepare these documents.

TASK 8 Remedial Design and Implementation Plan
If required by DTSC, Proponent agrees to either (a) prepare and submit a Remedial Design and Implementation Plan (RDIP) in accordance with the agreed upon schedule contained in the approved Remedy Selection Document; or (b) depending on the complexity of the proposed removal or remedial action, incorporate the factors typically addressed in a RDIP into the Remedy Selection Document.

The factors typically addressed in a RDIP are:
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a) technical and operational plans and engineering designs for implementation of the approved remedial or removal action alternative(s); b) a schedule for implementing the construction phase;
c) a description of the construction equipment to be employed; d) a site specific hazardous waste transportation plan (if necessary); e) any required registration requirements for contractors, transporters and other persons conducting the removal and remedial activities for the Site; f) post-remedial sampling and monitoring procedures for air, soil, surface water and groundwater;
g) operation and maintenance procedures and schedules;
h) a health and safety plan; and
i) a community air monitoring plan, if required by DTSC.

TASK 9 Implementation of Remedy
Upon DTSC approval of the final RAW or RAP and RDIP (if required), the Proponent shall implement the remedy, as approved.

TASK 10 Remedial Action Completion Report
Proponent shall submit a report documenting the implementation of the final RAW or RAP and RDIP and noting any deviations from the approved plan.

During implementation of the final RAW or RAP and RDIP, DTSC may specify such additions, modifications and revisions to the RAW or RDIP as deemed necessary to protect human health and safety or the environment or to implement the RAW or RAP.

TASK 11 Public Participation
DTSC requires that specific public engagement activities be conducted for projects undergoing a PEA, RAW, or RAP. However, based on the level of community interest, media interest, sensitive land uses, demographics and other factors, as determined by DTSC, public engagement activities may be requested for other projects types as well.

Proponent will be responsible for all costs associated with the translation and/or interpretation of public participation content required under DTSC’s policies, procedures, guidance documents, and state and federal law.

The following tasks apply only if a RAW or RAP is being required by DTSC:
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11.1 Proponent shall conduct appropriate public participation activities given the nature of the community surrounding the Site and the level of community interest, if needed. Proponent shall work cooperatively with DTSC to ensure that the affected and interested public and community are involved in DTSC's decision-making process. Any such public participation activities shall be conducted in accordance with Health and Safety Code sections 25358.7 (and 25356.1(e), if conducting a RAP) and with DTSC's review and approval.

11.2 A scoping meeting regarding the RAW or RAP will include a discussion on the appropriate activities that will be conducted to address public participation.

11.3 DTSC may conduct an assessment of community interest in the Site, which may include, but will not be limited to, the development of a survey, outreach to local elected and public officials and community members, distribution of the survey through mail and/or social media, analysis of survey results, and community interviews. Results of the survey will be shared with the Proponent and should be included in the community profile.

11.4 Proponent, working collaboratively with DTSC, shall prepare a community profile to examine the level of the community's knowledge of the Site; the types of community concerns; the proximity of the Site to homes and/or schools, day care facilities, churches, etc.; the current and proposed use of the Site; media interest; surrounding land uses; demographic profile and languages; CalEnviroScreen results; information repositories; recommended public engagement activities; and involvement of community groups and elected officials. The community profile may also include a quarter-mile radius mailing list for the Site, a list of applicable elected officials, and any known community members who may have expressed an interest in the Site.

11.5 Proponent, working collaboratively with DTSC, shall develop and submit fact sheets or community updates to DTSC for review and approval when specifically requested by DTSC. Proponent may be responsible for printing and distribution of fact sheets or community updates upon DTSC approval using the approved community mailing list.

11.6 Proponent, as directed by DTSC, shall publish, in a major local newspaper(s), a public notice announcing the availability of the RAW/RAP for public review and comment. The public comment period shall last a minimum of thirty (30) days.

11.7 DTSC may require that Proponent hold a public meeting to inform the public of the proposed activities and to receive public comments on the RAW/RAP. 185

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11.8 After the close of the public comment period, DTSC will prepare a response to the public comments received. If required, Proponent shall submit the information necessary for DTSC to prepare this document.

11.9 If appropriate, Proponent will revise the RAW/RAP on the basis of comments received from the public and submit the revised RAW/RAP to DTSC for review and approval. If significant or fundamental changes are required, additional public participation activities, including an additional review and comment period, may be required. Proponent will also notify the public of any significant changes from the action proposed in the RAW/RAP.

TASK 12 Tribal Outreach and Consultation
DTSC’s assigned Project Manager will coordinate with DTSC’s Office of Environmental Equity to ensure compliance with DTSC’s Tribal Consultation Policy. This process may include consultation with California tribes to determine whether or not they have an interest in Site activities.

TASK 13 Land Use Covenant
A land use covenant (LUC) pursuant to California Code of Regulations, title 22, section 67391.1 may be necessary to ensure full protection of the environment and human health. DTSC may require such a LUC in a DTSC-approved remedy based on a RAW, RAP, PEA, or other decision document. If Proponent is the owner of the Site, Proponent agrees to record the LUC as approved by DTSC within ten (10) days of receipt of a fully executed original.

If the Proponent is not the owner of the Site and a LUC is required, Proponent will work with the owner to provide DTSC with written confirmation that the owner will cooperate in implementing the DTSC-approved remedy, which may include a LUC. The Proponent must provide DTSC with the owner’s written confirmation prior to the date the draft decision document is to be circulated for public notice and comment. If the Proponent is unable to provide DTSC with written confirmation from the owner, a LUC may not be executed for the Site and the proposed remedy will be reevaluated.

TASK 14 Operation and Maintenance (O&M)
Proponent shall comply with any and all operation and maintenance requirements in accordance with the final RAW, final RAP, or a DTSC-approved RDIP or O&M Plan.

If deemed necessary, DTSC may require Proponent to enter into an O&M Agreement with DTSC.
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TASK 15 Financial Assurance
Proponent shall establish and maintain a financial assurance mechanism pursuant to California Health and Safety Code section 25355.2 and DTSC’s costs incurred in overseeing these activities prior to implementing any required O&M activities, LUC-related activities, and five-year review activities. Proponent shall demonstrate and maintain one or more of the financial assurance mechanisms set forth in subdivisions (a) to (e), inclusive, of Section 66265.143 of Title 22 of the California Code of Regulations.

TASK 16 Discontinuation of Remedial Technology
Any remedial technology employed in implementation of the final RAP/RAW shall be left in place and operated by Proponent until and except to the extent that DTSC authorized Proponent in writing to discontinue, move or modify some or all of the remedial technology because Proponent has met the criteria specified in the final RAW/RAP for its discontinuance, or because the modifications would better achieve the goals of the final RAW/RAP.

TASK 17 Health and Safety Plan
The Proponent will submit a Site Health and Safety Plan in accordance with California Code of Regulations, Title 8, section 5192. The Health and Safety Plan shall be submitted before field activities begin.

TASK 18 Quality Assurance/Quality Control (QA/QC) Plan
All sampling and analysis conducted by Proponent under this Agreement shall be performed in accordance with a QA/QC Plan submitted by Proponent and approved by DTSC. The QA/QC Plan will describe:
a) The procedures for the collection, identification, preservation and transport of samples;
b) The calibration and maintenance of instruments;
c) The processing, verification, storage and reporting of data, including chain of custody procedures and identification of qualified person(s) conducting the sampling and of a laboratory certified or approved by DTSC pursuant to Health and Safety Code section 25198; and
d) How the data obtained pursuant to this Agreement will be managed and preserved in accordance with the Preservation of Documentation section of this Agreement.
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21 Standard Voluntary Agreement Model July 30, 2020

EXHIBIT D

COST ESTIMATE

188

22 Standard Voluntary Agreement Model July 30, 2020

EXHIBIT E

CALENDAR OF TASKS AND SCHEDULE

Activity Schedule
Scoping Meeting During Agreement negotiation, or shortly after Agreement execution based on DTSC evaluation of project needs
Advance Payment Within 10 days of Agreement execution
Submit existing data Within 10 days of Agreement execution, or as requested by DTSC
DTSC decision on PEA work plan Within 60 days of date received by DTSC1 DTSC decision PEA report Within 75 days of date received by DTSC1 Land Use Covenant As directed by DTSC
Invoices DTSC issues quarterly
Cost estimate and Scope of Work
Updates and Amendments
DTSC updates the scope and cost estimate annually, or
as needed, based on work needed to complete the
Agreement. Amendments are issued on an as-need basis.

1 Note that DTSC approvals in the target timeframes are contingent upon receiving documents that meet industry standards, comply with DTSC’s direction, and that responses to DTSC questions and/or comments are received in a timely manner.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0130 Agenda Date: 4/4/2022 Agenda #: 10.

Agenda Item Wording:

Approval of the 2022-2023 Federal Legislative Agenda for the City of Visalia which will provide focus for the City’s advocacy efforts at the Federal level.

Deadline for Action: 4/4/2022
Submitting Department: Community Development
Contact Name and Phone Number: Devon Jones, 4190, Leslie Caviglia, 4317 Department Recommendation:

Approve the 2022 Federal Legislative Agenda for the City of Visalia based on previous direction from City Council and staff, and issues that have occurred since the previous Legislative agenda was adopted. The agenda has been redrafted by Greg Burns, the City’s Federal advocate, and is supported by staff.

Background Discussion:

As a result of feedback from Council Members, the City Manager, and senior staff, the City's federal legislative advocate has developed a comprehensive federal legislative agenda for the City, which can be found as an attachment to this report. This agenda outlines the City's position on a broad array of federal legislative items. The general categories of interest are as follows: infrastructure; water resources and environment; public safety; social services and economic development; and general government issues.

Once approved or approved as amended by the City Council, this agenda will serve as the guiding document for the City’s positions on Federal legislation. The Mayor or City Manager may sign letters to legislators or appropriate agencies advocating the City’s position as stated in the agenda, and Council Members and/or staff may discuss the City’s position with interested parties. If there is legislation or new information that could lead to a change in the City’s position, recommendations on that change will be brought back to the Council for formal consideration. Copies of letters that are sent on behalf of the City that are consistent with the agenda will be provided to the Council for informational purposes. Some of the main updates from the last agenda in 2021 include:
- Supporting investment into active transportation priorities of the City - Monitoring FEMA’s next steps regarding changes to the NFIP Floodplain Management Standards
- Supporting efforts to improve water resources in the San Joaquin Valley and the State of California, including supporting additional storage, protecting existing storage facilities, and supporting funding for water recharge, conservation efforts, and other tools that would help the Kaweah Basin reach its sustainability goals as outlined in the Mid-Kaweah Groundwater Sustainability Plan
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File #: 22-0130 Agenda Date: 4/4/2022 Agenda #: 10.

Greg Burns, the City's federal legislative advocate, received input and direction on issues of concern to the City for the 2022 legislative session during his ongoing conversations with staff and input from Council Members during his previous presentations to Council with the latest being on Dec 6, 2021.

Mr. Burns coupled this City input with his agencies extensive tracking of activity in D.C. Our lobbyist will provide reports on progress made on the City's platform which will include tracking of specific legislation as it moves through the Federal legislative process. As appropriate, meetings with legislative offices and the City’s lobbyist, and if thought to be effective in certain situations, calls or personal contact by Council members is scheduled. The City’s lobbyist will also continue to assist the City in preparing and following up on applications for any applicable Federal grants that become available.

Fiscal Impact: None
Prior Council Action: 4.5.21 - approved 2021 Federal Legislative Agenda Other: N/A
Alternatives: Per Council direction
Recommended Motion (and Alternative Motions if expected):

I move to approve the 2022-2023 Federal Legislative Agenda as presented...end Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 2022 Federal Legislative Agenda
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City of Visalia, California
2022 Federal Legislative Agenda

192

Prepared by Thorn Run Partners for the

Visalia City Council

Mayor Steve Nelsen Vice-Mayor Brian Poochigian
Council Member Greg Collins Council Member Brett Taylor Council Member Liz Wynn

Questions regarding the information in this book may be directed to:

Greg Burns Leslie Caviglia
(202) 849-8523 (559) 713-4317

March 2022

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City of Visalia, California
2022 Federal Legislative Agenda

Transportation and Infrastructure
Infrastructure Investment
Monitor implementation of the Infrastructure and Investment and Jobs Act. Support all opportunities to secure funding for the City of Visalia’s infrastructure priorities. Support continued federal investment in infrastructure, including water infrastructure and for the transition to electric vehicles, charging infrastructure, and electric grid reliability. Support the City’s investment in public and active transportation priorities and any efforts to secure federal funding.

Alternative Fuel Tax Incentives
Support the retroactive extension of a $0.50 per gallon equivalent tax incentive for natural gas when used as a motor fuel.

Federal Aviation Administration Authorization; Airport Improvement Program Support adequate annual appropriations for the Airport Improvement Program. Support any City of Visalia airport grant proposals through the FAA’s Airport Improvement Program.

Water Resources and Environment
Central Valley Water Resources
Support efforts to improve water resources in the San Joaquin Valley and the State of California, including supporting additional storage, protecting existing storage facilities, and supporting funding for water recharge, conservation efforts, and other tools that would help the Kaweah Basin reach its sustainability goals as outlined in the Mid-Kaweah Groundwater Sustainability Plan. Monitor Bureau of Reclamation water release proposals as they relate to the San Joaquin River Restoration Program.

National Flood Insurance Program
Monitor Congressional activities related to the reauthorization of the National Flood Insurance Program, particularly with regard to the cost of flood insurance in Visalia. Oppose future attempts to force residual risk or other premiums onto homeowners behind certified flood control structures. Monitor FEMA’s implementation of the Risk Rating 2.0 program. Monitor FEMA’s next steps regarding changes to the NFIP Floodplain Management Standards.

Wildfire Policy
Support efforts to reform federal wildfire budgeting to enable the Forest Service to use more of their annual budget on forest management rather than fire suppression. Support using disaster funding to respond to forest fires and provide robust post-fire mitigation money to improve future fire prevention and forest health activities to improve air quality in the region and the health our forests.

Waters of the United States
Monitor activity related to the Waters of the U.S. rule. Oppose aspects of the rule that would negatively affect the City of Visalia.

Clean Air Act
Support the San Joaquin Valley Air Pollution Control District’s efforts to seek improvements to the Clean Air Act, including routine review of health-based air quality standards, clean air objectives that are technology-forcing, and clean-air deadlines that ensure expeditious clean-up and timely action. Support 194

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amendments to the Act to eliminate current confusion, restore Congressional leadership in clean air policy, and maintain and strengthen the health protection core of the Act.

Public Safety
Federal Funding of Public Safety Programs
Support continued adequate funding for the wide variety of Department of Justice and Department of Homeland Security grants, i.e., Community Oriented Policing Services, Byrne Justice Assistance Grants, Emergency Management Performance Grants, Assistance to Firefighters Grants, and Staffing for Adequate Fire and Emergency Response Grants. Support the City of Visalia’s application for these funds.

Police Reform
Monitor federal police reform proposals for impacts to local public safety officers.

Cannabis Legislation
Monitor federal marijuana policy that may impact the City of Visalia.

Social Services & Economic Development
Homeless Assistance
Support increased annual funding for Department of Housing and Urban Development Homeless Assistance Grants, including the Continuum of Care program, and for other types of funding that would assist local governments in helping address issues and provide options for people experiencing homelessness, including mental health funding. This includes supporting other agencies that may garner funding to be used locally, such as the Tulare/Kings Continuum of Care, which in FY 2020 received $2.5 million in federal formula funding which was distributed to several local service providers to help address homelessness.

Affordable Housing
Support legislation to improve the availability of low-income housing, including through the Low- Income Housing Tax Credit. The Low-Income Housing Tax Credit (LIHTC) program has been the most significant federal resource for creating affordable housing in the United States today. Created in 1986, the LIHTC gives State and local LIHTC-allocating agencies the equivalent of approximately $8 billion in annual budget authority to issue tax credits for the acquisition, rehabilitation, or new construction of rental housing targeted to lower-income households. An average of almost 1,400 projects and 106,400 units were placed in service annually between 1995 to 2018. In California, the LIHTC-administering agency is the California Tax Credit Allocation Committee.

Department of Housing and Urban Development Formula Programs Support adequate funding for the Community Development Block Grant and HOME Investment Partnerships programs for future fiscal years.

Economic Development Administration Programs
Support continued funding of the Economic Development Administration which often funds infrastructure projects, including several over the past decade in Visalia. Support City of Visalia Economic Development Administration grant applications.

Supplemental Nutrition Assistance Program
Support funding of the Supplemental Nutrition Assistance Program (SNAP) to help food-insecure families, stimulate local economies, and relieve pressure on other human services programs.

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General Government Issues
National Park Service – Sequoia Shuttle and Park Fees
Support the Sequoia Shuttle partnership between the National Park Service and the City of Visalia.

Oppose significant increases to park entrance fees that would negatively impact tourism and the ability of City residents to visit the Park.

Siting of Wireless Facilities
Oppose legislation that would preempt local government control and force local governments to lease publicly-owned infrastructure for the installation of “small cell” wireless towers. 196
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0133 Agenda Date: 4/4/2022 Agenda #: 11.

Agenda Item Wording:

Adoption of the second reading of Ordinance No. 2022-04 pertaining to the approval of Zoning Text Amendment No. 2021-10: A request by the City of Visalia to amend Chapter 8.46 Legislative Purpose and Definitions regarding Tobacco Stores, Zoning Ordinance Section Chapter 17.04 Definitions regarding Smoke Shops / Tobacco Stores, 17.25.030 (Zoning Use Matrix) line R78, and to amend Chapter 17.32 Special Provisions to implement performance standards regarding smoke shops/tobacco stores, which are conditionally permitted in the C-MU (Commercial Mixed-Use) and D -MU (Downtown Mixed-Use) Zones, Citywide.

Deadline for Action: 4/4/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Josh Dan, Associate Planner, [email protected] <mailto:[email protected]>, (559)713-4003 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025)
Department Recommendation:

Staff recommends that the City Council adopt the second reading of Ordinance No. 2022-04, as amended, to amend Chapter 8.46 Legislative Purpose and Definitions regarding Tobacco Stores, Zoning Ordinance Section Chapter 17.04 Definitions regarding Smoke Shops / Tobacco Stores,

17.25.030 (Zoning Use Matrix) line R78, and to amend Chapter 17.32 Special Provisions to implement performance standards regarding smoke shops/tobacco stores, which are conditionally permitted in the C-MU (Commercial Mixed-Use) and D-MU (Downtown Mixed-Use) Zones, Citywide.

Summary:

The first reading of Ordinance No. 2022-04 for Zoning Text Amendment (ZTA) No. 2021-10, approved by the City Council on March 21, 2022, amended provisions in the Municipal Code (both Chapters 8 and 17) related to Smoke Shops / Tobacco Stores.

This ZTA is a city-initiated request to address the increase in applications for smoke shops and concern for smoke shop proximities to sensitive land uses.

The proposed Zoning Ordinance changes are as follows:
· Amend Chapter 8.46 Legislative Purpose to align with the State of California minimum age requirement to purchase tobacco or tobacco related products and Definitions regarding Tobacco Stores to align with the existing 30 percent threshold in the Zoning Ordinance and other proposed changes to Chapter 17 (Zoning).
· Amend Section 17.04.030 Definitions “Smoke Shop / Tobacco Store” to include vaping and adjust the calculated area from net floor area to the more consistent gross floor area found Visalia City Council Printed on 4/1/2022Page 1 of 4
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File #: 22-0133 Agenda Date: 4/4/2022 Agenda #: 11.
throughout the Zoning Ordinance.
· Amend Section 17.25.030 (Zoning Use Matrix) line R78 to note the inclusion of special use standards.
· Amend Section 17.32 Special Provisions to include performance standards regarding “Smoke Shop / Tobacco Stores”.

During the adoption of Ordinance No. 2022-04, the City Council adopted a 1,000-foot buffer distance rather than the recommended 750-foot buffer distance. No other changes to the ordinance were made.

Background Discussion:

In recent years, the City of Visalia has seen an increase in requests for CUPs to operate a Smoke Shop/Tobacco Store. Since the 2017 update, staff have received nine smoke shop submittals through SPR, which have resulted in seven smoke shop conditional use permit application submittals with only four having been approved by the Planning Commission. In 2021, a Smoke Shop/Tobacco Store CUP was proposed on Houston Avenue within 400 feet of Houston Elementary School. This particular CUP was approved because the current Zoning Ordinance is silent regarding this type of commercial activity near schools.

As a result of this outcome, the City Council, during a work session item at the November 15, 2021, meeting, considered potential zoning ordinance changes that could place restrictions on proximity of this type of use from sensitive land uses and determined that additional regulation would be in the interest of the public health, safety, or welfare. During this discussion, the City Council directed staff to considered zoning ordinance changes that could be considered for adoption to reduce the visibility of tobacco products/stores, particularly in areas where minors congregate.

In response to this direction from City Council, staff prepared an interim ordinance, as an urgency measure, requiring a 750-foot buffer from sensitive land uses. This distance was determined based on similar distance requirements in the Municipal Code for adult-oriented businesses. This interim ordinance was adopted and extended under the provisions of Government Code Section 65858, which permits the adoption of interim zoning ordinances as an urgency measure upon findings that there is a current and immediate threat to the public health, safety, or welfare. The adoption of the urgency ordinance has afforded staff with the necessary time to study the extent of revisions necessary to address smoke shops and consider different buffer distances and their impact to land inventory.

Fiscal Impact:

None.

Prior Council Action:
· On March 21, 2022, the City Council introduced the first reading of Ordinance No. 2022-04, for Visalia City Council Printed on 4/1/2022Page 2 of 4
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File #: 22-0133 Agenda Date: 4/4/2022 Agenda #: 11.
· On March 21, 2022, the City Council introduced the first reading of Ordinance No. 2022-04, for the approval of Zone Text Amendment No. 2021-10.
· On January 18, 2022, City Council Public Hearing: The City Council extended Ordinance No. 2021-10 for an additional 10 months pursuant to Government Code section 65858. · December 6, 2021, City Council Public Hearing: The City Council adopted Ordinance No. 2021-10, an interim zoning ordinance to be adopted as an urgency measure to regulate the location of smoke shops and tobacco shops, Citywide. The adoption of the urgency ordinance was done in compliance with Government Code section 65858. · November 15, 2021, City Council Work Session: The City Council, on a 5-0 vote, directed staff to analyze potential performance standards for smoke shops (retail of cigarettes and smoke devices/paraphernalia), and begin a Zoning Text Amendment.

Other: Planning Commission Review and Action:

On February 28, 2022, the Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2021-10, as presented by staff with modifications to the definition of “Smoke Shop/Tobacco Store” and inclusion of preschools within the sensitive land use section of the proposed ordinance. The Planning Commission revisions are reflected in the staff report and the attachment to Ordinance No. 2022-04. During the public hearing, five individuals spoke in support of the proposed zone text amendment. One member requested that the buffer distance be adopted at 1,000 feet to ensure that there is able distance from sensitive land uses and smoke shop establishments. In addition, a question related to apparel displaying tobacco advertising was raised.

It should be noted, a federal law, the Tobacco Control Act, forbids manufacturers and distributors of cigarettes or smokeless tobacco from marketing or licensing products that identify their brands of cigarettes or smokeless tobacco. There were no comments received in opposition to the proposed ordinance.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading and adopt Ordinance No. 2022-04 for Zone Text Amendment No. 2021-10.

Environmental Assessment Status:

The requested action is considered exempt under Section 15061(b)(3) Per Section 15061 (b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendment to establish Visalia City Council Printed on 4/1/2022Page 3 of 4
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File #: 22-0133 Agenda Date: 4/4/2022 Agenda #: 11.
performance standards for smoke shops will not have a significant effect on the environment.

CEQA Review:

The requested action is considered exempt under Section 15061(b)(3) Per Section 15061 (b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project.

Attachments:

1. Revised Ordinance No. 2022-04 for Zoning Text Amendment No. 2021 -10

2. Exhibit A - 750-ft Buffer Map

3. Exhibit B - 800-ft Buffer Map

4. Exhibit C - 900-ft Buffer Map

5. Exhibit D - 1,000-ft Buffer Map

6. Exhibit E - Map of Existing Smoke Shops

7. Exhibit F - Example - Projected 750-Foot Buffer After Adding Two Additional Smoke Shops

8. Visalia Municipal Code Chapter 8.46 (Exposure of Minors to Tobacco Products)

9. Visalia Municipal Code Chapter 8.48 (Smoking)

10. Planning Commission Staff Report dated February 28, 2022 Visalia City Council Printed on 4/1/2022Page 4 of 4
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REVISED
ORDINANCE NO. 2022-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2021-10,
A REQUEST BY THE CITY OF VISALIA TO AMEND CHAPTER 8.46 DEFINITIONS

REGARDING TOBACCO STORES, ZONING ORDINANCE SECTION CHAPTER

17.04 DEFINITIONS REGARDING SMOKE SHOPS / TOBACCO STORES, 17.25.030 (ZONING USE MATRIX) LINE R78, AND TO AMEND CHAPTER 17.32 SPECIAL

PROVISIONS TO IMPLEMENT PERFORMANCE STANDARDS REGARDING SMOKE

SHOPS/TOBACCO STORES, WHICH ARE CONDITIONALLY PERMITTED IN THE

C-MU (COMMERCIAL MIXED-USE) AND D-MU (DOWNTOWN MIXED-USE) ZONES,

CITYWIDE

WHEREAS, Zoning Text Amendment No. 2021 -10 is a request by the City of Visalia a request by the City of Visalia to amend Chapter 8.46 Definitions regarding Tobacco stores, Zoning Ordinance Section Chapter 17.04 Definitions regarding Smoke Shops / Tobacco Stores, 17.25.030 (Zoning Use Matrix) line R78, and to amend Chapter

17.32 Special Provisions to implement performance standards regarding smoke shops/tobacco stores, which are conditionally permitted in the C -MU (Commercial Mixed-Use) and D -MU (Downtown Mixed -Use) Zones, Citywide . The specific amendments apply City-wide and are specified in Attachment “A” of this Ordinance; and

WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on February 28, 2022; and,

WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and,

WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on March 21, 2022, and introduced said Ordinance for first reading on that date.

NOW, THEREFORE, BE IT RESOLVED that the City Council concurs that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption). 201
BE IT FURTHER RESOLVED that the City Council of the City of Visalia finds as follows:

1. That the proposed Zone Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed Zone Text Amendment is not inconsistent with any other Element of the General Plan.

3. The Zoning Text Amendment establishes objective standards to limit exposure and visibility of these uses near specified sensitive uses or within close proximity of existing Smoke Shop/Tobacco Store, consistent with the stated goals of the City of Visalia General Plan and Zoning Ordinance to preserve and promote the public health, safety, and welfare of the city.

4. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that Zoning Text Amendment 2021 -10, is approved, as contained in Attachment “A” of this Ordinance.

Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affe ct the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby decla res that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Effective Date. This Ordinance shall take effect thirty days after its adoption.

Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

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Ordinance No. 2022-04

ATTACHMENT A
Zoning Text Amendment No. 2021-10, amendment to:

1. Chapter 8.46 Definitions regarding Tobacco Stores,

2. Chapter 17.04 Definitions regarding Smoke Shops / Tobacco Stores

3. Chapter 17.25, Section 17.25.030 (Zoning Use Matrix) line R78, and

4. Chapter 17.32 Special Provisions to implement performance standards regarding smoke shops/tobacco stores, which are conditionally permitted in the C -MU (Commercial Mixed-Use) and D-MU (Downtown Mixed-Use)
Changes to City of Visalia Municipal Code, as specified by underline & italics for additions and strikeout for deletions.

1. TITLE 8 Health and Safety
Chapter 8.46.010 Legislative purpose.

The city of Visalia has determined that in order to protect the health, safety, and welfare of those citizens within the city and metropolitan area, under the age of eighteen (18) twenty-one (21) years of age , it is necessary to regulate the sale, acquisition, or possession of tobacco products facilitated by self-service displays.

Chapter 8.46.030 Definitions
“Employee” means any person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed. Employee also includes any person volunteering his or her time or service.
“Minor” means any person under eighteen (18) years of age. In the State of California, the minimum age to purchase tobacco or tobacco related products is twenty-one (21) years of age.
“Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products.

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“Tobacco product” means any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhaling, snuffing, or other manner of ingestion or absorption in the human body any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, wh ether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, chewing tobacco, hookah, pipe tobacco snuff; and any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to an electronic cigarette, a vaping device, electronic cigar, electronic pipe, or electronic hookah.
“Tobacco shop” also referred to “Smoke Shop/Tobacco Store” in the City of Visalia Zoning Ordinance means a business establishment in which fifty (50) percent or more of any one or more of the following is devoted to or attributable to the sale of tobacco products:

1. Wall space or any other display area such as tables, racks, or display structures; or

2. Gross revenues. any establishment, structure, facility, or stand that devotes more than thirty (30) percent of either its gross floor space or display area to t he retail sale, display, marketing, bartering, trading or exchange of any combination of tobacco, tobacco products, or exchange of tobacco paraphernalia, including electronic smoking devices and accessories.
“Wholesale retailer” means any large -scale retail establishment with supporting goods and services designated to service a regional service trade area and located within the PCR zone.

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2. TITLE 17 Zoning
Chapter 17.04 Definitions regarding Smoke Shops / Tobacco Stores “Smoke Shop / Tobacco Store” means any establishment, structure, facility, or stand that devotes more than thirty (30) percent of either its gross floor space or display area to the retail sale, display, marketing, bartering, trading or exchange of any com bination of tobacco, tobacco products, or exchange of tobacco paraphernalia, including electronic smoking devices and accessories.

3. Chapter 17.25 Uses in the Commercial, Mixed Use, Office, and Industrial Zones
Section 17.25.030 Commercial, Mixed-Use Office, and Industrial Zone Use Matrix

4. Chapter 17.32 Special Provisions
Section 17.32.164 Smoke Shop / Tobacco Store performance standards.

A. Smoke Shops / Tobacco Stores businesses shall be conditionally permitted in the C-MU (Mixed Use Commercial Zone) and D-MU (Mixed Use Downtown Zone) as they are identified on the Zoning map. In addition, no Smoke Shop / Tobacco Store shall be located:

1. Within one thousand (1,000) feet of any other Smoke Shop / Tobacco Store located either inside or outside the city limits.

2. Within one thousand (1,000) feet of any existing or planned public, private, or parochial schools, elementary schools, middle schools, high schools, licensed day care facilities, preschools, libraries, parks, or other recreational facilities where minors congregate, located either inside or outside of the city limits.

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B. As used in this section, "Existing" means existing at the time the permit application is submitted. "Planned" means property designated on the general plan of the city for such use, or other official planning documents of the city, or property owned or leased by the city for such use.

C. In addition to the location requirements stated above all Smoke Shops / Tobacco Stores shall meet the following performance standards:

1. Hold a valid California Cigarette and Tobacco Products Retailer’s License issued by the State Board of Equalization in accordance with State law, and a copy of this license shall be prominently displayed in a publicly visible location at the establishment.

2. Meet all requirements stated in Visalia Municipal Code Chapter 8.46 for the sale of tobacco paraphernalia and tobacco products.

3. No smoking, as defined in Visalia Municipal Code Chapter 8.48, shall be permitted within the Smoke Shop / Tobacco Store.
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K
Shirk
Akers
Main
Mooney
Caldwell
Hwy 99
Tulare
Doe
Visalia
Demaree
Ave 320
Whitendale
Chinowth
Houston
Santa Fe
Center
Kelsey
Dinuba
Shannon
Pratt
Rd 144
Ave 272
Roeben
Cain
St Johns
Rd 152
Plaza
Kibler
Rd 132
Giddings
Lovers Lane
Rd 92
Goshen
Riggin
Ben Maddox
Hwy 198
Rd 148
Noble
Ave 276
Ave 280
Rd 88
Woodland
Walnut
3rd
Ferguson
Court
Rd 100
Hurley
Jacob
Burke
Conyer
Sunnyview
Linwood
Ave 312
Rd 156
Mc Auliff
American
Rd 108
Mineral King
Rd 124
County Center
Houston
Caldwell
Visalia
Houston
Linwood
Visalia
Rd 148
Noble
Mc Auliff
Plaza
Burke
Goshen
Rd 92
Hurley
Akers
Roeben
Plaza
Rd 152
Riggin
Ave 320
Mooney
Goshen
Caldwell
Ferguson
Giddings
Ave 280
Demaree
Walnut
0 1 20.5 Miles¯
NOTE: Applying a 750 foot buffer, of the total
1,392 C-MU and D-MU zoned parcels in the
City of Visalia, approximately 530 parcels fall
outside the 750 foot buffers.

SUITABILITY ANALYSIS TO SITUATE SMOKE SHOPS IN THE CITY OF VISALIA APPLYING A 750 FOOT BUFFER
Legend
750 ft Buffer
Zoning
C-MU Zone
D-MU Zone
Map Created 02/14/2022 - GIS Division
207
K
Shirk
Akers
Main
Mooney
Caldwell
Hwy 99
Tulare
Doe
Visalia
Demaree
Ave 320
Whitendale
Chinowth
Houston
Santa Fe
Center
Kelsey
Dinuba
Shannon
Pratt
Rd 144
Ave 272
Roeben
Cain
St Johns
Rd 152
Plaza
Kibler
Rd 132
Giddings
Lovers Lane
Rd 92
Goshen
Riggin
Ben Maddox
Hwy 198
Rd 148
Noble
Ave 276
Ave 280
Rd 88
Woodland
Walnut
3rd
Ferguson
Court
Rd 100
Hurley
Jacob
Burke
Conyer
Sunnyview
Linwood
Ave 312
Rd 156
Mc Auliff
American
Rd 108
Mineral King
Rd 124
County Center
Houston
Caldwell
Visalia
Houston
Linwood
Visalia
Rd 148
Noble
Mc Auliff
Plaza
Burke
Goshen
Rd 92
Hurley
Akers
Roeben
Plaza
Rd 152
Riggin
Ave 320
Mooney
Goshen
Caldwell
Ferguson
Giddings
Ave 280
Demaree
Walnut
0 1 20.5 Miles
¯
NOTE: Applying a 800 foot buffer, of the total
1,392 C-MU and D-MU zoned parcels in the
City of Visalia, approximately 479 parcels fall
outside the 800 foot buffers.

SUITABILITY ANALYSIS TO SITUATE SMOKE SHOPS IN THE CITY OF VISALIA APPLYING A 800 FOOT BUFFER
Legend
800 ft Buffer
Zoning
C-MU Zone
D-MU Zone
Map Created 02/14/2022 - GIS Division
208
K
Shirk
Akers
Main
Mooney
Caldwell
Hwy 99
Tulare
Doe
Visalia
Demaree
Ave 320
Whitendale
Chinowth
Houston
Santa Fe
Center
Kelsey
Dinuba
Shannon
Pratt
Rd 144
Ave 272
Roeben
Cain
St Johns
Rd 152
Plaza
Kibler
Rd 132
Giddings
Lovers Lane
Rd 92
Goshen
Riggin
Ben Maddox
Hwy 198
Rd 148
Noble
Ave 276
Ave 280
Rd 88
Woodland
Walnut
3rd
Ferguson
Court
Rd 100
Hurley
Jacob
Burke
Conyer
Sunnyview
Linwood
Ave 312
Rd 156
Mc Auliff
American
Rd 108
Mineral King
Rd 124
County Center
Houston
Caldwell
Visalia
Houston
Linwood
Visalia
Rd 148
Noble
Mc Auliff
Plaza
Burke
Goshen
Rd 92
Hurley
Akers
Roeben
Plaza
Rd 152
Riggin
Ave 320
Mooney
Goshen
Caldwell
Ferguson
Giddings
Ave 280
Demaree
Walnut
0 1 20.5 Miles
¯
NOTE: Applying a 900 foot buffer, of the total
1,392 C-MU and D-MU zoned parcels in the
City of Visalia, approximately 398 parcels fall
outside the 900 foot buffers.

SUITABILITY ANALYSIS TO SITUATE SMOKE SHOPS IN THE CITY OF VISALIA APPLYING A 900 FOOT BUFFER
Legend
900 ft Buffer
Zoning
C-MU Zone
D-MU Zone
Map Created 02/14/2022 - GIS Division
209
K
Shirk
Akers
Main
Mooney
Caldwell
Hwy 99
Tulare
Doe
Visalia
Demaree
Ave 320
Whitendale
Chinowth
Houston
Santa Fe
Center
Kelsey
Dinuba
Shannon
Pratt
Rd 144
Ave 272
Roeben
Cain
St Johns
Rd 152
Plaza
Kibler
Rd 132
Giddings
Lovers Lane
Rd 92
Goshen
Riggin
Ben Maddox
Hwy 198
Rd 148
Noble
Ave 276
Ave 280
Rd 88
Woodland
Walnut
3rd
Ferguson
Court
Rd 100
Hurley
Jacob
Burke
Conyer
Sunnyview
Linwood
Ave 312
Rd 156
Mc Auliff
American
Rd 108
Mineral King
Rd 124
County Center
Houston
Caldwell
Visalia
Houston
Linwood
Visalia
Rd 148
Noble
Mc Auliff
Plaza
Burke
Goshen
Rd 92
Hurley
Akers
Roeben
Plaza
Rd 152
Riggin
Ave 320
Mooney
Goshen
Caldwell
Ferguson
Giddings
Ave 280
Demaree
Walnut
0 1 20.5 Miles
¯
NOTE: Applying a 1,000 foot buffer, of the
total 1,392 C-MU and D-MU zoned parcels in
the City of Visalia, approximately 331 parcels
fall outside the 1000 foot buffers.

SUITABILITY ANALYSIS TO SITUATE SMOKE SHOPS IN THE CITY OF VISALIA APPLYING A 1000 FOOT BUFFER
Legend
1000 ft Buffer
Zoning
C-MU Zone
D-MU Zone
Map Created 02/14/2022 - GIS Division
210
9 8
7 6
5 4
3 2
1 16
15 14
13 12 11
10 K
Akers
Main
Tulare
Caldwell
Ferguson
Visalia
Demaree
Noble
Chinowth
Riggin
Whitendale
Walnut
Santa Fe
Center
Houston
Murray
Dinuba
Cameron
Cain
Lovers Lane
Goshen
Hwy 198
Ben Maddox
Giddings
Hurley
St Johns
Woodland
3rd
Pinkham
West
Court
Jacob
Burke
Hall
Mineral King
Rd 132
Locust
Conyer
Rd 100
Willis
Mooney
Rd 108
Linwood
Divisadero
Burke
Burke
Caldwell
Goshen
Visalia
Akers
Goshen
Tulare
Court
Linwood
Visalia
Mooney
Houston
Lovers Lane
Giddings
Riggin
Cain
Walnut
Santa Fe
Court
1 SUPER 1 CIGARETTE
2 MR NICE GUYS SMOKE SHOP
3 CIGARETTE DEPOT
4 HOUSTON SMOKE SHOP
5 BARGAIN CIGS & PIPES
6 HUFF & PUFF SMOKE SHOP
7 MOONEY SMOKE SHOP
3 SMOKIN DEALS SMOKE SHOP
9 SMOKE CITY VISALIA INC
10 SUPER 3 CIGARETTE SMOKE SHOP
11 PUFF & PASS SMOKE SHOP
12 CIGARETTES 4 LESS
13 SMOKE SHACK THE
14 OMEGA TOBACCO
15 TRIPLE 7 CIGS & PIPES
16 VISALIA VAPES

NUMBER BUSINESS NAME
City Limits
Major Streets
Existing Smoke Shop Parcels
Existing Smoke Shop Location
Legend
F
0 0.5 10.25 Miles

SMOKE SHOP LOCATIONS
Map Created 02/14/22 / GIS Division
211
K
Shirk
Akers
Main
Caldwell
Hwy 99
Tulare
Mooney
Doe
Visalia
Demaree
Ave 320
Whitendale
Chinowth
Houston
Santa Fe
Center
Kelsey
Dinuba
Shannon
Pratt
Rd 144
Ave 272
Roeben
Cameron
Cain St Johns
Rd 152
Plaza
Kibler
Rd 132
Giddings
Lovers Lane
Rd 92
Goshen
Riggin
Ben Maddox
Hwy 198
Rd 148
Noble
Ave 276
Ave 280
Rd 88
Hurley
Woodland
Walnut
3rd
Ferguson
Court
Rd 100
Jacob
Burke
Locust
Conyer
Sunnyview
Ave 312
Rd 156
Mc AuliffAmerican
Rd 108
Mineral King
Rd 124
County CenterLinwood
Hurley
Rd 148
NobleLovers Lane
Ave 280
Akers
Roeben
Goshen
Caldwell
Walnut
Visalia
Linwood
Rd 152
Houston
Plaza
Tulare
Mc Auliff
Ave 320
Akers
Rd 92
Riggin
Ferguson
Plaza
Goshen
Mooney
Giddings
Walnut
Demaree
0 1 20.5 Miles¯
NOTE: Adding two additional smoke shops to the
existing smoke shop locations while applying a
750 foot buffer, reduces the total 1,392 C-MU
and D-MU zoned parcels in the City of Visalia,
to approximately 445 parcels that fall outside
the 750 foot buffers.

PROJECTED 750 BUFFERS AFTER ADDING TWO ADDTIONAL SMOKE SHOPS IN THE CITY OF VISALIA Legend
750 ft Buffer
Zoning
C-MU Zone
D-MU Zone
Additional 750 ft Buffers
209 East Caldwell Ave
906 East Mineral King
Ave
Map Created 03/15/2022 - GIS Division
Shop 2
209 East Caldwell Ave
Shop 1
906 East Mineral King Ave
212
Chapter 8.46

EXPOSURE OF MINORS TO TOBACCO PRODUCTS
Sections:

8.46.010 Legislative purpose.

8.46.030 Definitions.

8.46.050 Use of tobacco by minor.

8.46.060 Display of tobacco products.

8.46.010 Legislative purpose.

The city of Visalia has determined that in order to protect the health, safety, and welfare of those citizens within the city and metropolitan area, under the age of eighteen (18) years, it is necessary to regulate the sale, acquisition, or possession of tobacco products facilitated by self-service displays. (Ord. 2000-11 § 1 (part), 2000)

8.46.030 Definitions.

As used in this chapter, those terms identified in this section shall, unless the contexts indicates otherwise, be ascribed the meaning contained herein. “Employee” means any person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.

Employee also includes any person volunteering his or her time or service. “Minor” means any person under eighteen (18) years of age. “Tobacco product” means any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhaling, snuffing, or other manner of ingestion or absorption in the human body.
“Tobacco shop” means a business establishment in which fifty (50) percent or more of any one or more of the following is devoted to or attributable to the sale of tobacco products:

1. Wall space or any other display area such as tables, racks, or display structures; or

2. Gross revenues.
“Wholesale retailer” means any large-scale retail establishment with supporting goods and services designated to service a regional service trade area and located within the PCR zone. (Ord. 2000-11 § 1 (part), 2000)

8.46.050 Use of tobacco by minor.
213
No minor shall, in the streets or in any public place, smoke a cigar, pipe, cigarette, or shall use tobacco in any form. (Ord. 2000-11 § 1 (part), 2000)

8.46.060 Display of tobacco products.

It shall be unlawful for any person, firm, corporation, business, partnership, or other entity doing business within the city of Visalia to store, stock, keep, or display for sale or transfer any tobacco product in any area other than a place that is locked and secured, or is otherwise made inaccessible to the public and which is accessible only to the employees of the business. This prohibition shall not apply to “tobacco shops” or “wholesale retailers.” (Ord. 2000-11 § 1 (part), 2000)

214
Chapter 8.48

SMOKING
Sections:

8.48.010 Purpose and findings.

8.48.020 Authority.

8.48.030 Definitions.

8.48.040 Smoking prohibitions, public places.

8.48.050 Stores.

8.48.060 Banks.

8.48.070 Hotels/motels.

8.48.080 Terminals.

8.48.090 Buses and taxis.

8.48.100 Theaters.

8.48.110 Recreational facilities.

8.48.120 Recreation halls.

8.48.130 Restaurants.

8.48.140 Places of exhibition.

8.48.150 Hospitals.

8.48.160 Schools.

8.48.170 Day care facilities.

8.48.180 Smoking prohibitions, workplace.

8.48.190 Places where smoking permissible.

8.48.200 Posting requirements.

8.48.210 Retaliation prohibited.

8.48.220 Violation--Smoking or posting.

8.48.230 Enforcement.

8.48.240 Other applicable laws.

8.48.250 Severability.
215

8.48.010 Purpose and findings.

A. The U.S. Environmental Protection Agency (EPA) has determined that tobacco smoke is a major source of indoor air pollution, and the Surgeon General's 1986 report on the health consequences of involuntary smoking includes that exposure to tobacco smoke places healthy nonsmokers at increased risk for developing lung cancer. Other health hazards on involuntary smoking include respiratory infection, broncho- constriction, and broncho-spasm. While all members of the population are truly at increased risk due to exposure to second-hand tobacco smoke, it constitutes a special health hazard for children, the elderly and people with chronic lung disorders, including asthmatics and those with obstructive airway disease and cardiovascular disease.

B. The Surgeon General labels smoking “the largest single preventable cause of death and disability for the U.S. population.”
C. Employees, subjected to prolonged exposure to second-hand smoke in the workplace, have been found in scientifically conducted studies to experience a loss of job productivity and some have been forced to take periodic sick leave because of reactions to said second-hand smoke. Furthermore, studies have shown higher costs to the employer are associated with smoking in the workplace due to increases in absenteeism, accidents, cost of medical care, loss of productivity, and cleaning and maintenance requirements. A recent scientific study has reported that second-hand smoke from tobacco may cause a significant amount of cardiovascular disease in the United States and that the number of deaths from this cause may exceed the deaths caused by lung disease associated with second-hand smoke.

D. Smoking in public places and workplaces is a major cause of fires and damage to merchandise and equipment as well as costly maintenance and repairs to furniture and fixtures.

E. The health care costs produced by smoking-related ailments and diseases constitute a heavy and avoidable financial drain on our community.

F. Opinion surveys show that a majority of the citizens of Visalia favor restriction on smoking in areas accessible to the general public.

G. Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in serious and significant physical discomfort of non-smokers and constitutes a public nuisance.

H. Research concludes that exposure to second-hand smoke is the third leading cause of preventable death, after smoking and alcohol.

I. Second-hand smoke has been found by the Environmental Protection Agency to be a known carcinogen.

J. The U.S. Surgeon General has concluded that second-hand smoke is a cause of lung cancer and other diseases in healthy nonsmokers.
216
K. The U.S. Surgeon General has concluded that children exposed to second-hand smoke have more respiratory infections and lung problems than children who are not exposed to secondary smoke.

L. Numerous government and privately sponsored scientific studies have concluded that approximately forty thousand (40,000) deaths per year occur from lung cancer, other cancers, and heart disease due solely to exposure to second-hand smoke.

M. Accordingly, the city council declares that the purpose of this chapter is to protect the health, safety and general welfare of the residents of, persons employed in, and persons who frequent the city who would benefit by the regulation of smoking, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke. (Prior code § 4047)

8.48.020 Authority.

This chapter is enacted pursuant to provisions of Health and Safety Code Sections 25946 and 25949 for the purpose of restricting and regulating smoking in order to reduce the hazards and nuisance which smoking causes those who are involuntarily exposed. (Prior code § 4048)

8.48.030 Definitions.

As used in this chapter, those terms identified in this section shall, unless the context indicates otherwise, be ascribed the meaning contained herein.

Bar. The term “bar” means an area which is devoted to the serving of alcoholic beverages for consumption on the premises, in which the serving of food, if any, is incidental to the consumption of alcoholic drinks. The dining area of a restaurant utilized primarily for the serving and consumption of food shall not constitute a bar, even though alcoholic beverages may be served therein.

Commercial Enterprise--Nonprofit Entity-- Person--Public Agency.

1. The term “commercial enterprise” means any business entity formed for the profit making purposes, including, but not limited to, professional corporations and other entities under which legal, medical, dental, engineering, architectural, or other professional services are delivered, and also any person charged with the responsibility of controlling conduct on behalf of the enterprise upon any premises regulated by this chapter.

2. The term “nonprofit entity” means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from operations of which are committed to promotion of the objects or purposes of the organization and not to private gain, together with any person charged with the responsibility of controlling conduct on behalf of the entity upon any premises regulated by the provisions of this chapter.

3. A public agency is not a “nonprofit entity” within the meaning of this section. 217

4. The term “person” means any natural person, partnership, corporation, unincorporated association, joint venture, business trust, joint stock company, club or other organization of any kind.

5. For purposes of this chapter, and to the fullest extent allowed by law, public agencies and their facilities, located within the city, shall be subject to all provisions herein, in the same manner and to the extent as commercial enterprises, persons and non-profit entities.

Employee. The term “employee” means any person, who is employed by an employer in the consideration for direct or indirect monetary wages or profit and any person who volunteers his or her services for a nonprofit entity.

Employer. The term “employer” means any person, partnership, corporation, including any public entity, or nonprofit entity, who employs the services of one or more individuals.

Enclosed Area. The term “enclosed area” means all space between a floor and ceiling which is served by a common heating, ventilating and air conditioning system and is enclosed on all sides by solid walls or windows (exclusive of door or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping, or similar structures.

Members of the General Public. The term “members of the general public” means shoppers, customers, patrons, patients, students, clients and other similar invitees of a commercial enterprise, public agency or nonprofit entity, and excludes employees thereof, sales representatives, service repair persons and persons delivering goods, merchandise or services to a commercial enterprise, nonprofit entity or public agency.

Office. The term “office” means an area enclosed by walls containing a desk, table or similar furnishings for clerical, administrative or supervisory work, a complex of such enclosures and a building containing such enclosures, whether or not the building is utilized primarily for other purposes such as retailing, wholesaling, or storage, or manufacturing, together with all hallways, stairways, elevators, escalators, restrooms, lobbies, waiting rooms, reception areas, entry areas, and conference rooms within or associated with the complex of such enclosures, including: (1) legal, medical, dental, engineering, accounting, counseling and other professional offices; (2) insurance, real estate, ticket, collection agency, and other offices where business services are offered to or goods or services are offered to or may be ordered by or may be paid for by members of the general public; and (3) offices to which members of the general public are admitted in order to promote the objects or purposes of the public agency or nonprofit entities.

Organized Outdoor Event. The term “organized outdoor event” means a scheduled concert, performance, sporting event, public demonstration or other similar occurrences, open to members of the general public taking place outside an enclosed area. 218
Proprietor. The term “proprietor” means each owner, operator, manager or other person having control of an establishment or facility within which smoking is regulated by this chapter.

Restaurant. The term “restaurant” means any dinner house, coffee shop, cafeteria, luncheonette, soda fountain, fast food service and other establishment where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises. The term does not include a cafeteria or lunchroom defined as a workplace, whether or not members of the general public incidentally frequent the facility.

Smoking. The term “smoking” means lighting, inhaling, exhaling or burning any pipe, cigar, cigarette, weed or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant or other ignited combustible substance in any manner or in any form.

Tobacco Store. The term “tobacco store” means a place utilized primarily for the retail sale to members of the general public of tobacco products or accessories and in which the sale of any other products is merely incidental.

Workplace. The term “workplace” means any enclosed area which is occupied by two or more employees of a commercial enterprise, nonprofit entity or public agency including to but not limited to the following:

1. A place utilized for the manufacturing, processing, assembly, maintenance or repair of any products, goods, equipment, tools, appliances, furnishings or other object; or the physical storage for purposes of wholesaling, future utilization for operational purposes, or future transfer preceding consumption or other utilization of any products, goods, merchandise, materials, supplies, equipment, tools, appliances or furnishings;

2. A place utilized or operated for a purpose described by Sections 8.48.040 through 8.48.190 and from which members of the general public are excluded;

3. A place utilized as a union hall, cafeteria, lounge, lunchroom, restroom, conference room, training room, lecture room, or classroom primarily for the use or benefit of employees.

Notwithstanding the provisions of this definition, a private residence including either an attached or detached garage shall not constitute a workplace, except when the residence serves as a licensed or unlicensed day care facility for children or the elderly. (Prior code § 4049)

8.48.040 Smoking prohibitions, public places.

A. Except as otherwise provided in this chapter, it is unlawful for any member of the general public or any other person including an employee to smoke in the public places named and described in Sections 8.48.040 through 8.48.170 and other public places similarly situated, including but not limited to the following Enclosed Areas:
219

1. Merchandise display areas, checkout stations, and counters and other pay stations;

2. Hallways;

3. Restrooms;

4. Escalators, elevators and stairways;

5. Lobbies;

6. Reception areas;

7. Waiting rooms;

8. Service lines;

9. Classrooms, meeting or conference rooms, or lecture halls; and

10. Other places in which members of the general public congregate for service or otherwise frequent.

B. It is also unlawful for any member of the general public or any other person, including an employee, to smoke in an area where public seating is provided while attending an outdoor public event, except in designated areas. Seating in areas designated for smoking will not exceed forty (40) percent of the total public seating provided. (Prior code § 4050)

8.48.050 Stores.

The prohibitions contained in Section 8.48.040 shall be applicable to: (1) the enclosed common areas of shopping malls; (2) automobile dealerships, furniture or other showrooms for the display of merchandise offered for sale at retail; (3) grocery, specialty, department and other stores which sell goods or merchandise at retail, and (4) service stations, stores or shops for the repair or maintenance of appliances, shoes, or motor vehicles, barbershops, beauty shops, cleaners and laundromats, video game, pool hall and other amusement centers, and other similar establishments offering services or products to members of the general public. (Prior code § 4051)

8.48.060 Banks.

The prohibitions contained in Section 8.48.040 shall be applicable to banks, including savings and loan associations, credit unions and other similar institutions which offer financial services to members of the general public. (Prior code § 4052)

8.48.070 Hotels/motels.

The prohibitions contained in Section 8.48.040 shall be applicable to hotels and motels in which guests typically rent lodging for continuous periods less than thirty (30) days. Smoking is permissible in rental rooms and in on-premise restaurants, bars and other areas as provided in Sections 8.48.130, 8.48.190(B) and 8.48.190(E). The availability of nonsmoking rooms will be prominently posted in the lobby sign-in area. 220
The rooms so designated will be posted as smoking prohibited and ash trays removed. Customers seeking accommodations should be routinely advised of the availability of nonsmoking rooms. (Prior code § 4053)

8.48.080 Terminals.

The prohibitions contained in Section 8.48.040 shall be applicable to depots and other terminals utilized by members of the general public for the purpose of being transported upon or departing from airplanes, trains, buses and taxis. (Prior code § 4054)

8.48.090 Buses and taxis.

Smoking, by either passengers or operators, shall be prohibited within buses, taxicabs and all public transit conveyances operated by or licensed by the city. (Prior code § 4055)

8.48.100 Theaters.

The prohibitions contained in Section 8.48.040 shall be applicable to theaters, including motion picture theaters, meeting halls and auditoriums where motion pictures or live theatrical musical or dramatic productions are made to an audience consisting of members of the general public assembled for the purpose of witnessing the performance or presentation; provided that neither this section nor Section 8.48.040 shall be construed to prevent smoking by performers in connection with a stage production or by persons making a presentation concerning addiction to tobacco or other drugs. (Prior code § 4056)

8.48.110 Recreational facilities.

A. The prohibitions, contained in Section 8.48.040, shall be applicable to enclosed areas of sports pavilions, gymnasiums, exercise rooms, health spas, boxing arenas, swimming pools, roller and ice skating rinks, bowling alleys and other similar places where members of the general public assemble to either engage in physical exercise, participate in athletic competition or witness sports events.

B. Smoking is prohibited at all times within the seating areas of an enclosed arena and in the surrounding open concourses where food and beverages are dispensed.

C. Smoking may be allowed in enclosed on-site restaurants, subject to the provisions of Section 8.48.130, and in enclosed on-site bars.

D. Smoking may be allowed in bowling alleys on those occasions when league play occupies the majority of bowling lanes in the establishment, and a majority of the members of the league(s) vote to allow smoking. Evidence of the voting procedure and outcome of the vote must be retained by the establishment, for inspection by the city upon request, for the duration of the leagues's play. (Prior code § 4057)

8.48.120 Recreation halls.

A. The prohibitions, contained in Section 8.48.040, shall be applicable to those areas of recreation halls and other similar facilities where members of the general public play 221
bingo or cards, dance or engage in recreational, character-building or cultural activities which are designated as nonsmoking.

B. An owner, manager or operator of a recreation hall shall designate not less than fifty (50) percent of the main activities area of such facility not including restrooms, lounges and kitchens as nonsmoking. Commencing nine months after the adoption of the ordinance codified in this chapter, an owner, manager or operator of a recreation hall shall designate not less than seventy-five (75) percent of the main activities area of such facility not including restrooms, lounges and kitchens as non-smoking.

Commencing eighteen (18) months after the adoption of the ordinance codified in this chapter, the owner, manager or operator of a recreation hall shall designate the entire premises of such facility including restrooms, lounges and kitchens as nonsmoking.

Signs shall be posted in the manner prescribed by Section 8.48.220. It shall not constitute a violation of this chapter to smoke in a location where smoking has been authorized by this chapter.

C. The provisions of this section shall not be construed in any manner to restrict or otherwise impair the authority of an owner, manager or operator to increase the nonsmoking area of a recreation hall. (Prior code § 4058)

8.48.130 Restaurants.

A. Within all restaurants, the prohibitions contained in Section 8.48.040, shall be applicable to lobbies, waiting areas, restrooms and those dining seating areas which are designated as nonsmoking.

B. The owner, manager or operator of a restaurant shall designate not less than fifty (50) percent of the available customer seating as nonsmoking. Commencing nine months after the adoption of the ordinance codified in this chapter, the owner, manager or operator of a restaurant shall designate not less than seventy-five (75) percent of the available customer seating as nonsmoking. Commencing eighteen (18) months after the adoption of the ordinance codified in this chapter, the owner, manager or operator of a restaurant shall designate all available customer seating as nonsmoking. The owner, manager or operator of the restaurant shall post signs as prescribed by Section 8.48.200 and remove all ashtrays from tables located in the nonsmoking areas.

Where a bar shares the same enclosed area with the restaurant, the bar seats must be counted with the restaurant seats in determining the total number of nonsmoking restaurant seats. The owner, manager or operator shall post a notice at the restaurant entrance that a nonsmoking section is available. It shall not constitute a violation of this chapter to smoke in a location where smoking has been authorized by this chapter.

C. The provisions of this section shall not be construed in any manner to restrict or otherwise impair the authority of an owner, manager or operator to increase the nonsmoking seating in a restaurant or bar. (Prior code § 4059)

8.48.140 Places of exhibition.

The prohibitions contained in Section 8.48.040, shall be applicable to libraries, museums, galleries, convention halls and similar facilities where members of the 222
general public assemble for the purpose of viewing the exhibition of art, artifacts, objects of historical or cultural significance, products, merchandise, equipment, appliances or services. (Prior code § 4060)

8.48.150 Hospitals.

The prohibitions, contained in Section 8.48.040, shall be applicable to hospitals, rest and convalescent homes, medical clinics, physical therapy facilities and other places where medical, dental, psychiatric or counseling services are delivered to members of the general public. Operators of facilities treating psychiatric or chemically impaired patients may permit smoking by patients in designated areas; provided, the medical director of such facility has determined in writing that the practice is beneficial for the recovery or treatment of such patients and that the practice will not interfere with the recovery and treatment of nonsmoking patients; and provided, that adequate nonsmoking areas are made available for nonsmoking patients. Neither this section nor Section 8.48.040 shall be construed to prevent smoking in locations or otherwise under conditions in which smoking is expressly authorized by or under statutes or administrative regulations applicable to such licensed facilities. (Prior code § 4061)

8.48.160 Schools.

The prohibitions, contained in Section 8.48.040, shall be applicable to any school or educational institution operated by a commercial enterprise, public agency or nonprofit entity for the purpose of providing academic classroom instruction, trade, craft, computer or other technical training, or instruction in dancing, artistic, musical or other cultural skills. (Prior code § 4062)

8.48.170 Day care facilities.

The prohibitions, contained in Section 8.48.040, shall be applicable to private residences during the time when such residences are operated as licensed or unlicensed day care facilities for children or the elderly. (Prior code § 4063)

8.48.180 Smoking prohibitions, workplace.

A. Smoking is prohibited in enclosed workplaces under the control of a public or private employer which the general public has access to in the course of conducting business, including but not limited to, open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception areas, waiting rooms, classrooms, meeting or conference rooms, and auditoriums.

B. On-site cafeterias, lunchrooms and lounges shall be deemed workplaces and smoking prohibited therein, whether or not such facilities are open to members of the general public.

C. Each commercial enterprise, nonprofit entity and public agency shall comply with these smoking prohibitions and be responsible for their implementation in the workplace, and “No smoking” signs shall be posted in the manner prescribed by Section

8.48.200. (Prior code § 4064)
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8.48.190 Places where smoking permissible.

A. Smoking may be permitted in all locations where smoking is not prohibited by this chapter, including the following locations:

1. A private residence, including an attached or detached garage, whether or not the residence is utilized for office or other business purposes, except when such residence is operated as a licensed or unlicensed day care facility for children or the elderly;

2. Bars;

3. Tobacco stores, whether operated as a separate business entity or as a physically separated facility within a department store or other business entity;

4. Private clubs during events attended exclusively by members of the organization and their invited guests and from which members of the general public are excluded;

5. Within conference/meeting rooms, public and private assembly rooms, banquet rooms, dining rooms or areas of restaurants, hotels and motels, while these places are occupied for private functions to which only persons specially invited are entitled to attend and from which members of the general public are excluded;

6. Within bowling alleys while the majority of available bowling lanes are occupied by league play and the league(s) have voted to allow smoking;

7. In any enclosed place wherein this chapter specifically permits smoking, notwithstanding the fact that such location is a workplace accessible to the general public.

B. It shall not constitute a violation of Section 8.48.040 a person to smoke in a location where smoking has been authorized in the manner prescribed by this section.

C. The foregoing places are not considered workplaces, subject to the provisions of Section 8.48.180. Employers will, however, attempt to find a reasonable alternative accommodation where feasible for nonsmoking employees who do not wish to be assigned to work in a smoking permissible area.

D. Notwithstanding any provision in this chapter which permits smoking in a place of employment, any nonsmoking employee may object to his or her employer about smoke in his or her workplace. The employer shall attempt to reach a reasonable accommodation, insofar as possible. The area in which smoking is prohibited shall be posted by “No Smoking” signs in the manner prescribed by the provisions of Section 8.48.200. (Prior code § 4065)

8.48.200 Posting requirements.

A. Each owner, operator, manager or other person having control of an establishment or facility within which smoking is regulated by this chapter shall conspicuously post in every place where smoking is prohibited “No Smoking” signs with letters not less than one inch in height (or the international “No Smoking” symbol 224
consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it).

B. An owner, operator, or manager of a building wherein, pursuant to these regulations, there is no smoking permitted in any space in the building may limit the “No Smoking” postings to first floor entrances and exits and to the elevator lobby areas of all other floors.

C. Motion picture theaters shall show upon the movie or live action screens for at least five seconds prior to the showing of each feature motion picture the message that smoking is prohibited within the audience seating and other areas as specified.

D. Hotels and motels will prominently post in the lobby a sign notifying patrons of the availability of nonsmoking accommodations. The rooms so designated will be posted as nonsmoking rooms and ashtrays removed. (Prior code § 4066)

8.48.210 Retaliation prohibited.

A. It is unlawful for a commercial enterprise, nonprofit entity or public agency to retaliate against any member of the general public or an employee or applicant for employment of the enterprise, entity or public agency because such member of the general public, employee or applicant seeks enforcement of the provisions of this chapter or otherwise protests smoking by others.

B. Violation of any of the provisions of Section 8.48.200 shall be remedied through criminal or civil action filed in a court of competent jurisdiction for injunctive, criminal prosecutions or other appropriate relief. (Prior code § 4067)

8.48.220 Violation--Smoking or posting.

A. Any person who violates the prohibitions contained in Sections 8.48.050 through 8.48.170 and any proprietor who violates Section 8.48.200 by failing to post the signs or take the other actions required by this section may be prosecuted as of an infraction, punishable in the manner hereinafter prescribed and/or may have his/her business license revoked.

B. Fines for the crimes made infractions by this section shall be levied in the amounts prescribed. Any person, who violates any provisions of this chapter by smoking in a designated nonsmoking area, shall be guilty of an infraction, punishable by a fine of fifty dollars ($50.00) for the first violation, and one hundred dollars ($100.00) for each subsequent violation. Any employer/proprietor, who violates any provisions of this chapter by failure to post required signs, by failure to request violating smokers to extinguish the lit object may be guilty of an infraction punishable by a fine of one hundred dollars ($100.00) for the first violation, and two hundred fifty dollars ($250.00) for each subsequent violation and/or may have his/her business license revoked.

Subsequent violations may be prosecuted as misdemeanors with fines up to one thousand dollars ($1,000.00) and/or jail time up to six months. (Prior code § 4068)

8.48.230 Enforcement.
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A. Voluntary enforcement of and mandatory compliance of this chapter shall lie with the employer/proprietor of the establishment. An individual violating this chapter shall be requested by the employer/proprietor not to smoke and shall be made aware of the posted “No Smoking” signs. If the individual continues to violate the chapter, the employer/proprietor shall inform the individual they are guilty of an infraction of a city ordinance punishable by a fifty dollar ($50.00) fine for the first violation and one hundred dollars ($100.00) for each subsequent violation.

B. It shall be the responsibility of the chief of the police department to enforce, on behalf of the city, the provisions of this chapter. The chief shall be authorized to prosecute, in the name of the city, criminal actions for the recovery of fines for violations of this chapter made infractions by Section 8.48.220 for violations of Sections 8.48.050 through 8.48.200.

C. In the performance of the enforcement responsibilities assigned by this chapter, the chief of the police department shall:

1. Establish a telephone number through which all complaints by citizens relating to violations of this chapter may be directed or referred;

2. Reduce such complaints to writing, and analyze the frequency and volume thereof in relation to alleged violations of this chapter by or at particular establishments or facilities;

3. Conduct an on-site inspection of any establishment or facility with respect to which the nature and volume of complaints suggests long-standing and pronounced violations of any of the provisions of this chapter;

4. Provide to the owner, operator or manager of any such establishment or facility a copy of the provisions of this chapter and such advisory assistance to rectify future violations as may be necessary to achieve compliance with the provisions of this chapter;

5. Follow up such investigation and advice with a written directive explaining in detail the steps required in order to achieve future compliance with the provisions of this chapter;

6. If the violations do not cease following expiration of a reasonable period of time, request commencement of a criminal or civil proceeding by the city attorney pursuant to the provisions of Section 8.48.250, or civil remedies listed below as may be appropriate to do one, some or all of the following civil remedies:
a. Public Nuisance. Any continuing violation of the provisions of this chapter may be declared a public nuisance hereunder, and the city attorney may proceed to abate the same by filing a civil action in a court of competent jurisdiction. b. Licensed Revocation. Any continuing violation of the provisions of this chapter by proprietor may be punishable by the city revoking his/her business license. 226
c. Injunctive Relief. Any continuing violation of the provisions of this chapter by proprietors may be restrained by a temporary restraining order, preliminary and/or permanent injunction. (Prior code § 4069)

8.48.240 Other applicable laws.

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Prior code § 4070)

8.48.250 Severability.

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision(s) or application(s), and to this end the provisions of this chapter are declared to be severable. (Prior code § 4071)
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0114 Agenda Date: 4/4/2022 Agenda #: 12.

Agenda Item Wording:

Presentation of the 2021 Annual Water Management Report Submitted by Kaweah Delta Water Conservation District and Approval of the 2022 Visalia Water Management Plan.

Submitting Department: Administration
Contact Name and Phone Number: Rhett Anderson, 1 (559) 567-6722 Department Recommendation:

It is the recommendation of staff that City Council move to approve the 2022 Visalia Water Management Plan.

Background Discussion:

In 2001, the City of Visalia (City) partnered with the Kaweah Delta Water Conservation District (KDWCD) for the purpose of water resources management, supplemental surface purchases, and necessary or opportunistic projects on behalf of the City’s benefit. The Contract (Contract) is valid for a term of 40 years, at which the end both parties have the option to re-negotiate terms.

According to the terms of this agreement, KDWCD will perform these tasks on behalf of the City in exchange for $100,000 annually at the time of the agreement, adjusted annually for inflation. The funds are designated for beneficial purchases and/or projects, when such purchases are considered economically feasible. As a result of unpredictable and alternating wet and dry years, opportunities to purchase additional water supplies is not constant and highly volatile. Years in which reasonable supplemental resources are unavailable, un-utilized funds are rolled over into the following year.

The year 2021 was the driest year in recorded history for Tulare County. As a result, supplemental surface supplies were not only scarce, but also in high demand. This high demand drove the price of water to remarkably high prices. In some areas within the Central Valley, the price per acre-foot of water peaked near $2,000.

The following remarks are a summarization of the 2021 annual report provided by KDWCD.

No additional water, water rights, or facilities were acquired on behalf of the City, nor were any water deliveries were executed. The Management Committee formed to oversee the execution of the Contract has had preliminary discussions focused around developing an effective recharge program, specifically the modification of existing water drainage and transportation infrastructure, as well as the development of new recharge facilities. A copy of the 2021 Water Management Plan was included in the attachments of this report.

As per the Contract, KDWCD is obligated to provide a management plan for the incoming year for the City Council to approve. Below is a description of the 2022 Visalia Water Management Plan (Plan). A Visalia City Council Printed on 4/1/2022Page 1 of 2
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File #: 22-0114 Agenda Date: 4/4/2022 Agenda #: 12.
copy of the Plan has been included as an attachment.

The majority of the Plan is comprised of pre-existing goals outlined by the Management Committee, and include basic actions such as location and purchase of supplemental surface supplies, further research not potential water recharge facilities, and investigation and pursuit of available water rights for the purposes of recharge. The Plan also includes a contingency for the KDWCD to be authorized to purchase a maximum of $300,000 worth of water supplies not to exceed $150 per acre-foot for the benefit of the City with consent from by the District General Manager and the Visalia City Manager.

This authorization is to prevent a delay of purchase when action is required sooner than the Management Committee has the ability to convene.

Multi-year objectives of the City and the KDWCD are the further development of the Eastside Regional Park and the Peoples Basin; two promising multi use recharge basins located in areas that are optimal for improving the underlying hydrogeology beneath the City and surrounding areas as a result of recharge.

Fiscal Impact:

The fiscal impact can be seen in a breakdown of annual reparations paid to the KDWCD on an annual basis. The total 2021 payment to the KDWCD per the agreement were approximately $146,911.36, including an additional $6,294.16 in interest payments. The total amount paid in 2021 equaled $153,205.52.

Prior Council Action: City Council approved the 2021 Visalia Water Management Plan in January 2021. City Council approved the original Plan in December of 2001.

Other: N/A
Alternatives: The City Council may choose not to approve the Plan, in which the Management Committee would be required to re-convene and submit and a modified plan.

Recommended Motion (and Alternative Motions if expected):

I move to approve the 2022 Visalia Water Management Plan as submitted by the Kaweah Delta Water Conservation District.

Environmental Assessment Status
CEQA Review: N/A.

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VISALIA WATER MANAGEMENT COMMITTEE

2022 Annual Plan
Background
On December 31, 2001, the City of Visalia (“City”) and the Kaweah Delta Water Conservation District (“District”) entered into an Agreement (“Agreement”), a copy of which can be found attached to the Minutes of the October 2, 2001 meeting of the Board of Director’s for Kaweah Delta Water Conservation District. The Agreement provides that a Management Committee be formed. The Management Committee is to be comprised of representatives of the City and District. Specifically, the Management Committee is to be “comprised of one member from each of the governing boards and other staff and technical representatives of the City and the District.” The Management Committee is required to meet “as necessary.” Further, the Agreement directs that the Management Committee “shall each year develop an annual plan to achieve the purpose as specified in paragraph 1 which plan shall be mutually agreeable to the parties hereto.” This document is intended to fulfill the requirement for the Management Committee, which has become known as the Visalia Water Management Committee, to develop an annual plan.

Objectives
According to the Agreement, the primary purpose of the Agreement and the Management Committee “is to maintain existing water rights and acquire additional water supplies for the primary benefit of the residents of the City of Visalia.” Another purpose of the Agreement “is to provide funding mechanisms for the maintenance and acquisition of such water supplies and for the construction of facilities necessary to apply such water to the benefit of the residents of the City.” In the Agreement, the City and the District expressed their intent “that the activities undertaken pursuant to this program will result in maintenance and enhancement of groundwater levels in and around the City.” Finally, the document provides that “each year an annual plan will be developed to identify specific activities to meet these purposes.

Short Range Goals
In the near term, the Management Committee intends to continue to accumulate money in its funds as a result of the annual contributions by the City as required by the Agreement. Of the monies collected in the fund, it intends to spend approximately 70% toward water project design, construction and land rights, 20% toward water purchases and 10% toward the purchase of water rights.

Long Range Goals
The Water Management Committee’s long term objectives are to replenish and enhance the groundwater used by the City to provide water to the residents of the City.

By doing so it hopes to eventually achieve an ongoing and long-term balance between groundwater extractions and groundwater replenishment in the groundwater basin utilized to provide water to the residents of the City. 265
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Action Items
The City and the District, by their adoption of this 2022 Annual Plan, hereby authorize certain actions to be taken during 2022 as follows:
1) For both the District and the City to carry out the purposes as established by Section 1 of the Agreement to the benefit of groundwater utilized to provide water to the residents of the City.
2) For both the District and the City to participate in Management Committee meetings upon reasonable call and notice by either party. Regularly scheduled meetings shall occur semi-annually and be set for the third Tuesday of the months of May and November at 3:00 pm at the District’s office. 3) For the City to make the annual payment as required by Section 3 of the Agreement; and
4) For the District to administer program funds as directed by the Management Committee. The following funding objectives have been established so as to provide for a means to carry out the purposes of the Agreement. Funding objectives are presently set at 70 percent for groundwater improvement projects, 20 percent for surface water purchases for groundwater recharge and 10 percent for acquisition of available surface water rights; and
5) For the City and District to continue to investigate and pursue groundwater recharge improvement projects including studies for delivery system improvements and optimization. The program herein allocates $15,000 for preliminary investigation toward the research and development of possible future projects.
6) Upon mutual agreement by the District General Manager and the City Manager, without further approval from the Management Committee, to use the agreement’s program funds on deposit with the District to purchase up to $300,000 worth of water, at a rate of no more than $150 per acre foot, and import such water into the Kaweah Basin for recharge in basins, natural channels and artificial channels located either within the City or within close enough proximity to the City, on an annual basis; and
7) For the City and District to continue to survey, identify and acquire property rights for parcels of real property that might be available in or about the City for purchase and development as groundwater recharge basins; and 8) For the City and District to continue to survey, identify and acquire water rights that might be available for purchase in order to supply an ongoing source of water for groundwater recharge; and
9) For the District to complete and provide the City with an annual report detailing the accomplishment of the aforementioned action items.
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Approval
This 2022 Annual Plan shall be deemed approved and in effect once it has been reviewed and approved by a majority vote of the City Council of the City and by a majority vote of the Board of Directors of the District. 1) The Board of Directors of the District approved this 2022 Annual Plan during their regular meeting on ________________.
2) The City Council of the City approved this 2022 Annual Plan as herein presented at a regular meeting on _______________.
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CITY OF VISALIA &

KAWEAH DELTA WATER

CONSERVATION DISTRICT

WATER MANAGEMENT PROGRAM

2021 Annual Report
Management Committee:

City of Visalia Kaweah Delta Water Conservation District Steve Nelsen – Council Member Don Mills – Director
Staff: Staff:

Leslie Caviglia, City Manager Mark Larsen – Manager
Larry Dotson – Sr. Engineer
Dennis Keller – Consultant
Submitted By:

Kaweah Delta Water Conservation District
February 11, 2022
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Water Management Program: 2021 Annual Report
Water Acquired
There was not any water acquired through the program during the 2021 calendar year.

Water Rights Acquired
There were not any water rights acquired through the program during the 2021 calendar year.

Actual Water Deliveries
There was not any water delivered through the program during the 2021 calendar year.

Planning Activities
During this reporting year there were no progress meetings of the Management Committee due to COVID restrictions and recognition that there were no critical subjects for the Committee to consider.

Planning activities for the year continued to focus on the feasibility of implementing groundwater recharge improvements to natural channels that flow through the City of Visalia. The program also investigated modifications to existing and proposed City storm water basins toward multi-operational use that would include groundwater recharge through possible interconnection to surface water supply systems
The other major goal that the plan addresses is the acquisition and delivery of available surface water for groundwater recharge to the benefit of the City. The Management Committee proposed an authorization of a predetermined expenditure limit of $100,000 at a maximum rate of $35.00 per acre-foot toward the purchase of imported surface water for the 2021 calendar year. Such authorization provides a means to respond in a timely manner to available opportunities to acquire water without being encumbered by the program’s committee meeting and consent procedure.

The program’s planning focus and goals for the 2021 calendar year were presented in an annual plan and approved by the District in January 2021and the City in January 2021. The document provides guidance to staff for implementation of action items that work toward achieving long and short term program goals.

A copy of 2021 Annual Plan is included with this report as Attachment No. 1.

Engineering Activities
Engineering activities for the calendar year consisted primarily of cooperation between the District and the City in the development of improvement plans for the Eastside Regional Park Project and Peoples Basin Project. Both projects will function as multipurpose facilities with storm water layoff and groundwater recharge benefits. The projects are expected to start construction in 2022.

Facilities Acquired
There were not any facilities acquired through the program during the 2021 calendar year.

Facilities Constructed
There were not any facilities constructed through the program during the 2021 calendar year. 269
Water Management Program: 2021 Status Report
Activity Balance Activity Balance Activity Balance Activity Balance Beginning Balance 1,080,303.88 266,180.28 270,715.63 543,407.97 January Payment 12,335.27 1,092,639.15 1,233.53 267,413.81 2,467.05 273,182.68 8,634.69 552,042.66 January Disbursement 1,092,639.15 267,413.81 273,182.68 552,042.66 February Payment 12,335.27 1,104,974.42 1,233.53 268,647.34 2,467.05 275,649.73 8,634.69 560,677.35 February Disbursement 1,104,974.42 268,647.34 275,649.73 560,677.35 March Payment 12,335.27 1,117,309.69 1,233.53 269,880.87 2,467.05 278,116.78 8,634.69 569,312.04 March Disbursement 1,117,309.69 269,880.87 278,116.78 569,312.04 Jan/Feb/Mar Interest 1,640.33 1,118,950.02 396.21 270,277.08 408.31 278,525.09 835.81 570,147.85 April Payment 12,335.27 1,131,285.29 1,233.53 271,510.61 2,467.05 280,992.14 8,634.69 578,782.54 April Disbursement 1,131,285.29 271,510.61 280,992.14 578,782.54 May Payment 12,335.27 1,143,620.56 1,233.53 272,744.14 2,467.05 283,459.19 8,634.69 587,417.23 May Disbursement 1,143,620.56 272,744.14 283,459.19 587,417.23 June Payment 12,335.27 1,155,955.83 1,233.53 273,977.67 2,467.05 285,926.24 8,634.69 596,051.92 June Disbursement 1,155,955.83 273,977.67 285,926.24 596,051.92 Apr/May/Jun Interest 3,886.97 1,159,842.80 921.27 274,898.94 961.44 286,887.68 2,004.26 598,056.18 July Payment 12,483.29 1,172,326.09 1,248.33 276,147.27 2,496.66 289,384.34 8,738.30 606,794.48 July Disbursement 1,172,326.09 276,147.27 289,384.34 606,794.48 August Payment 12,483.29 1,184,809.38 1,248.33 277,395.60 2,496.66 291,881.00 8,738.30 615,532.78 August Disbursement 1,184,809.38 277,395.60 291,881.00 615,532.78 September Payment 12,483.29 1,197,292.67 1,248.33 278,643.93 2,496.66 294,377.66 8,738.30 624,271.08 September Disbursement 1,197,292.67 278,643.93 294,377.66 624,271.08 Jul/Aug/Sep Interest 766.86 1,198,059.53 178.47 278,822.40 188.55 294,566.21 399.84 624,670.92 October Payment 12,483.29 1,210,542.82 1,248.33 280,070.73 2,496.66 297,062.87 8,738.30 633,409.22 October Disbursement 1,210,542.82 280,070.73 297,062.87 633,409.22 November Payment 12,483.29 1,223,026.11 1,248.33 281,319.06 2,496.66 299,559.53 8,738.30 642,147.52 November Disbursement 1,223,026.11 281,319.06 299,559.53 642,147.52 December Payment 1,223,026.11 281,319.06 299,559.53 642,147.52 December Disbursement 1,223,026.11 281,319.06 299,559.53 642,147.52 Oct/Nov/Dec Interest 1,223,026.11 281,319.06 299,559.53 642,147.52 1,223,026.11 281,319.06 299,559.53 642,147.52 Kaweah Delta Water Conservation District / City of Visalia Program Funding (Calender Year 2021)
Design & ConstructionWater PurchaseWater Rights

GENERAL PROGRAM

INDIVIDUAL PROGRAMS

DESCRIPTION
Updated: 2/11/2022
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Water Management Program: 2021 Annual Report
Attachment No. 1
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VISALIA WATER MANAGEMENT COMMITTEE

2021 Annual Plan
Background
On December 31, 2001, the City of Visalia (“City”) and the Kaweah Delta Water Conservation District (“District”) entered into an Agreement (“Agreement”), a copy of which can be found attached to the Minutes of the October 2, 2001 meeting of the Board of Director’s for Kaweah Delta Water Conservation District. The Agreement provides that a Management Committee be formed. The Management Committee is to be comprised of representatives of the City and District. Specifically, the Management Committee is to be “comprised of one member from each of the governing boards and other staff and technical representatives of the City and the District.” The Management Committee is required to meet “as necessary.” Further, the Agreement directs that the Management Committee “shall each year develop an annual plan to achieve the purpose as specified in paragraph 1 which plan shall be mutually agreeable to the parties hereto.” This document is intended to fulfill the requirement for the Management Committee, which has become known as the Visalia Water Management Committee, to develop an annual plan.

Objectives
According to the Agreement, the primary purpose of the Agreement and the Management Committee “is to maintain existing water rights and acquire additional water supplies for the primary benefit of the residents of the City of Visalia.” Another purpose of the Agreement “is to provide funding mechanisms for the maintenance and acquisition of such water supplies and for the construction of facilities necessary to apply such water to the benefit of the residents of the City.” In the Agreement, the City and the District expressed their intent “that the activities undertaken pursuant to this program will result in maintenance and enhancement of groundwater levels in and around the City.” Finally, the document provides that “each year an annual plan will be developed to identify specific activities to meet these purposes.

Short Range Goals
In the near term, the Management Committee intends to continue to accumulate money in its funds as a result of the annual contributions by the City as required by the Agreement. Of the monies collected in the fund, it intends to spend approximately 70% toward water project design, construction and land rights, 20% toward water purchases and 10% toward the purchase of water rights.

Long Range Goals
The Water Management Committee’s long term objectives are to replenish and enhance the groundwater used by the City to provide water to the residents of the City.

By doing so it hopes to eventually achieve an ongoing and long-term balance between groundwater extractions and groundwater replenishment in the groundwater basin utilized to provide water to the residents of the City. 272
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Action Items
The City and the District, by their adoption of this 2021 Annual Plan, hereby authorize certain actions to be taken during 2021 as follows:
1) For both the District and the City to carry out the purposes as established by Section 1 of the Agreement to the benefit of groundwater utilized to provide water to the residents of the City.
2) For both the District and the City to participate in Management Committee meetings upon reasonable call and notice by either party. Regularly scheduled meetings shall occur semi-annually and be set for the third Tuesday of the months of May and November at 3:00 pm at the District’s office. 3) For the City to make the annual payment as required by Section 3 of the Agreement; and
4) For the District to administer program funds as directed by the Management Committee. The following funding objectives have been established so as to provide for a means to carry out the purposes of the Agreement. Funding objectives are presently set at 70 percent for groundwater improvement projects, 20 percent for surface water purchases for groundwater recharge and 10 percent for acquisition of available surface water rights; and
5) For the City and District to continue to investigate and pursue groundwater recharge improvement projects including studies for delivery system improvements and optimization. The program herein allocates $15,000 for preliminary investigation toward the research and development of possible future projects.
6) Upon mutual agreement by the District General Manager and the City Manager, without further approval from the Management Committee, to use the agreement’s program funds on deposit with the District to purchase up to $300,000 worth of water, at a rate of no more than $150 per acre foot, and import such water into the Kaweah Basin for recharge in basins, natural channels and artificial channels located either within the City or within close enough proximity to the City, on an annual basis; and
7) For the City and District to continue to survey, identify and acquire property rights for parcels of real property that might be available in or about the City for purchase and development as groundwater recharge basins; and 8) For the City and District to continue to survey, identify and acquire water rights that might be available for purchase in order to supply an ongoing source of water for groundwater recharge; and
9) For the District to complete and provide the City with an annual report detailing the accomplishment of the aforementioned action items.
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Approval
This 2021 Annual Plan shall be deemed approved and in effect once it has been reviewed and approved by a majority vote of the City Council of the City and by a majority vote of the Board of Directors of the District. 1) The Board of Directors of the District approved this 2021 Annual Plan during their regular meeting on January 5, 2021.
2) The City Council of the City approved this 2021 Annual Plan as herein presented at a regular meeting on January 19, 2021.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0126 Agenda Date: 4/4/2022 Agenda #: 13.

Agenda Item Wording:

Consider re-authorization of Stage 2 of the Visalia Water Conservation Ordinance and adopt resolution 2022-18.

Deadline for Action: 4/4/2022
Submitting Department: Administration
Contact Name and Phone Number: Rhett Anderson, 1-(559)-713-4530 Department Recommendation:

Due to the severe and continuous drought conditions in the western United States, it is the recommendation of the department that the Counsel move to adopt Resolution 2022-18 re- authorizing Stage 2 of the Visalia Water Conservation Ordinance, effective April 4, 2022.

Background Discussion:

The western United States, specifically in California, alternating cycles of drought heavy precipitation are typical of this region. Tulare County specifically has observed record years of drought saw a record low of precipitation in water year 2021 (October 1, 2020 - September 30, 2021), and as a result, City Counsel voted to move into Stage 2 of the Visalia Water Conservation Ordinance (Ordinance), “Water Alert”. As per the ordinance, “Stage 2 shall terminate one year after implementation unless reauthorized by the City Council by resolution.” Stage 2 of the Ordinance is characterized by tighter restrictions on outdoor water use. Restrictions include reduction of total watering days per week from 3 days per week to two days per week, and a complete elimination of irrigation of ornamental turf grasses in the months of December, January, and February. Additional rules and regulations can be found in Section 13.20.070.B. of the attached Ordinance. The varying stages of the Ordinance were intended to reduce the outdoor use of water resources available to the City of Visalia (City), and in turn reduce the overall consumption of water resources and reduce the negative impacts of overdraft. As a groundwater reliant municipality, the City derives its water supply almost exclusively from the underground aquifer. When water resources are extracted from the underground aquifer more quickly than they can be replaced it is considered overdraft and can have a multitude of negative impacts associated with it. The City is particularly vulnerable to groundwater depletion, subsidence, and impacted groundwater quality.

The City has monitored its groundwater levels since the mid-1900s. Over the course of the last 70 years, a significant decrease in groundwater elevation has been observed in the underlying aquifer beneath the City. The lowering groundwater table has been attributed to overdraft. Of the many efforts of the city and surrounding agencies to reduce groundwater consumption, limiting irrigation days for Visalia residents has been one way the City has been able to reduce its overall consumption.

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The City has also taken efforts to manage its water resources in a responsible and effective manner.

One way of maximizing the utility of water extracted from the aquifer is to recycle all sewage water and exchange this tertiary water for clean supplemental surface water. However, the City is unable to re-capture the vast majority of water used outdoors, as this water is eventually returned into the atmosphere where it is carried beyond the subbasin where it can no longer benefit the areas within city limits. Because the City knows know how much water is used indoors by residents of the City, staff can also calculate the amount of water used outdoors by comparing the amount of water extracted and the amount of water returned to the Wastewater Treatment Facility. A comparison of water used outdoors v. indoors can be seen in Table 1.

Table 1.

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals
AF Production 1588 1443 1884 2499 3164 3406 3640 3531 3173 2620 1846 1492 30286 AF Influent 1123 991 1102 1099 1166 1135 1132 1117 1086 1145 1108 1157 13362 % Non-Recoverable 29% 31% 42% 56% 63% 67% 69% 68% 66% 56% 40% 22% 56% 2021 City of Visalia Outdoor Use Analyses
*units in acre-feet
The City did, however, reduce the total amount of water used outdoors in the year 2021, at 56% of total water used compared to the year prior at 61% in 2020. Because water used outdoors for the purposes of landscape irrigation water that is considered irrecoverable, it is crucial that the city continue to implement key water conservation policies and programs to continue to reduce water waste and improve water use efficiency.

While the current drought conditions could warrant consideration of the next stage of the water conservation ordinance, the State recently issued new guidance for water providers, in Visalia’s case, California Water Service. Since the guidance was just issued last week, it is unclear what it will require, and how Cal Water will respond. Rather than trying to implement a new stage at this point, staff will work with Cal Water to determine, what may be needed given the new guidance and bring that information back to Council.

Fiscal Impact:

N/A
Prior Council Action:

March, 2021 - Stage 2 of the Water Conservation Ordinance was implemented, by recommendation of staff. July 2020 - City Council approved a transition into Stage 2 of the Water Conservation Ordinance to take effect in March of 2021. October 2019 - City Council approved minor amendments to the Water Conservation Ordinance. August 2017 - City Council approved a transition into Stage 1 of the Water Conservation Ordinance. April 2017 - Reauthorization of Stage 2 of the Water Conservation Ordinance. May 2016 - The City Council adopted the new Water Conservation Ordinance and reimplementation of Stage 2. June 2015 - Adoption of the revised Water Conservation Ordinance and implementation of Stage 2.

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Other: N/A
Alternatives: City Council may choose to take no action on this item, consequentially reverting the City of Visalia back to Stage 1 of the water conservation ordinance.

Recommended Motion (and Alternative Motions if expected):

I move to adopt Resolution 2022-18 reauthoring state 2 of the Visalia Water Conservation Ordinance.

Environmental Assessment Status
CEQA Review: N/A
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RESOLUTION 2022-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA REAUTHORIZING STAGE 2 OF THE WATER CONSERVATION ORDINANCE

WHEREAS, the City of Visalia Water Conservation Ordinance was enacted by the City Council to control unnecessary consumption of the available potable water supplies in the City; and

WHEREAS, the City Council implemented Stage 2 due to the ongoing drought, declarations of drought emergency by both the State of California and the County of Tulare, and mandatory restrictions on urban water use; and

WHEREAS, the 2021/22 snowpack was approximately 60% of historical average and the drought continues into 2022; and

WHEREAS, the State of California has extended mandatory urban water reductions including on the California Water Service Company, the City’s urban water supplier; and

WHEREAS, the City Manager recommends that Stage 2 of the Water Conservation Ordinance be extended for another year to further reduce the City of Visalia’s water use for the reasons stated;

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Visalia hereby reauthorizes Stage 2 of the Water Conservation Ordinance effective April 4, 2022, through April 4, 2023.

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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0054 Agenda Date: 4/4/2022 Agenda #: 1.

Agenda Item Wording:

Review and comment on the proposed use of U.S. Department of Housing and Urban and Development (HUD) Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and HOME Investment Partnership American Rescue Plan Program (HOME-ARP) funds including: 1) The Draft Program Year 2022 Annual Action Plan, and 2) The Draft Program Year 2021 Annual Action Plan Amendment, including the Draft HOME-ARP Allocation Plan.

Deadline for Action: 4/4/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Margie Perez, Housing Specialist, (559) 713-4460, [email protected] <mailto:[email protected]>;
Melody Murch, Assistant Finance Director, (559) 713-4379, [email protected] <mailto:[email protected]>;
Renee Nagel, Finance Director, (559) 713-4378, [email protected] <mailto:[email protected]> Department Recommendation: That Council review and comment on the Draft CDBG and HOME priorities and allocation of resources included in the Draft 2022 Annual Action Plan and Draft 2021 Annual Action Plan Amendment including the Draft HOME-ARP Allocation Plan and receive public comment.

Background Discussion:

Staff is seeking input from City Council on the priorities and activity allocations proposed for the Program Year (PY) 2022 (Fiscal Year 2022-23) Annual Action Plan and PY 2021 (Fiscal Year 2021-22) Annual Action Plan Amendment including the HOME-ARP Allocation Plan. The proposed programs for the Draft PY 2022 Action Plan were formulated based upon applications received in response to a Notice of Funding Availability (NOFA) for the available funding.

Staff is also requesting Council review and comment on a proposed 2021 Annual Action Plan Amendment that includes the draft HOME-ARP Allocation Plan. The City has been awarded $1,840,059 in HOME Investment Partnership American Rescue Plan (HOME-ARP) funds, from the U.S. Department of Housing and Urban Development (HUD) to assist people experiencing homelessness, at-risk of homelessness, and other vulnerable populations by providing housing, shelters, rental assistance, and/or supportive services to reduce homelessness and increase housing stability. This amendment will satisfy the HUD requirement to develop and submit a HOME-ARP Allocation Plan for the use of this PY 2021 funding.

Staff will incorporate any changes directed by Council and return with the final 2022 Annual Action Plan and 2021 Annual Action Plan Amendment including the HOME-ARP Allocation Plan on April 18, 2022, to hold a public hearing for adoption. The final plan and amendment will include any comments provided by Council today, those received during the Citizens Advisory Committee (CAC) on April 6, 2022, and all public comments received during the 30-day public comment period beginning on March 18, 2022 through April 18, 2022. The adopted 2022 Annual Action Plan must be submitted to HUD by May 15, 2022.

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primarily for the benefit of low-income persons and households. As required by HUD, the City develops a 5- year Strategic Plan based on a Community Needs Assessment which is reviewed and approved by Council during the development of the Consolidated Plan (Con Plan). The 2022 Annual Action Plan is the third year of the 5-Year ConPlan and the plan objectives have been produced based upon those established in the City’s 5- year Strategic Plan.
2022 Proposed Annual Action Plan: The proposed 2022 Annual Action plan consists of a total of $3,184,163 in CDBG projected resources, and $707,520 in HOME projected resources. The 2022 proposed CDBG and HOME resources, activities, and funding allocations are explained in further detail below. 2022 Proposed Community Development Block Grant (CDBG) Revenue and Expenses:

The CDBG 2022 projected resources are comprised of $1,300,000 in estimated annual grant allocation, $50,000 in estimated program income*; and $1,834,163 in prior year resources which have been carried forward for a total 2022 CDBG projected resources available of $3,184,163 as identified in Table 1: 2022 CDBG Projected Resources. *CDBG Program income is generated from repayment of CDBG funded first-time homebuyer and/or owner-occupied rehabilitation loans.

Table-1: 2022 CDBG Projected Resources
Resources Amount
2022 Annual Allocation $ 1,300,000
2022 Program Income 50,000
Prior Year Resources 1,834,163
Total 2022 CDBG Projected Resources $ 3,184,163
The City released a NOFA from January 12, 2022 through February 11, 2022 to solicit applications for the administration the City’s 2022 CDBG public services, emergency and accessibility home repair program, and senior/disabled mobile home repair program. The NOFA was published in the Visalia Times Delta on 1/12/22 and 1/18/22. The NOFA was also posted on the City’s purchasing website, the Central Valley Purchasing System “BidNet”, and on the Kings Tulare Homeless Alliance listserv on January 12, 2022, to over 330 recipients.

As a result of the release of the CDBG NOFA, the City received the following applications:
· Kings Tulare Homeless Alliance - Requested $20,000 in CDBG funds. The Kings Tulare Homeless Alliance (KTHA) is the designated Continuum of Care (CoC) for our region. The CoC is recommended by HUD as a comprehensive and strategic approach to addressing homelessness and to promote communitywide commitment to ending homelessness. As the designated CoC, KTHA oversees the Point in Time (PIT) Count. KTHA oversees the administration of HUD funded Permanent Supportive Housing (PSH) and Rapid Rehousing (RRH) programs. KTHA oversees the Coordinated Entry System (CES) that begins the process of housing placement. KTHA also operates the Visalia Local Initiatives Navigation Center (LINC) to provide wrap-around services including mental health assessments/enrollments, housing counseling, free birth certificates, CA ID vouchers, mainstream benefit enrollment, social security advocacy, substance abuse program enrollments, veteran services, food, prescription eyeglasses, and clothing assistance. · Family Services of Tulare County - Requested $45,000 for the “Voucher” program to continue providing case management and essential supportive services to Visalia chronically homeless persons who are receiving a PSH voucher through the HUD funded Tulare Housing First grants, previously known as the Visalia City Council Printed on 4/1/2022Page 2 of 8
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Shelter Plus Care program. The requested funds would also contribute towards the match required for the receipt of the HUD funded Tulare Housing First grant funds. The Tulare Housing First program is funded with a federal (HUD) funds and vouchers are available countywide. Family Services assist clients to maintain housing stability, by providing case management, financial literacy, life skills workshops, transportation assistance, emergency assistance, such as food, clothing, and furniture assistance. Family Services also serves as a landlord liaison for clients. · Kings View PATH Program - Requested $35,000 to leverage existing funding sources to provide direct client services for outreach, case management, transportation assistance, legal document assistance, linkage to employment services, and completion of the VI-SPDAT assessment to begin housing placements. Requested funding would provide direct client assistance including security deposits, rental application fees, motel vouchers, legal document fees, interview clothing assistance, food vouchers, hygiene kits, and emergency rental assistance to prevent homelessness. · Habitat for Humanity - Requested $50,000 to administer an Emergency Repair and Accessibility Program (ERAP) to provide at least 8 low-income owner-occupied households with necessary emergency and accessibility repairs and improvements. Improvements may include but are not limited to accessibility improvements, energy efficient upgrades, weatherization, roof repairs, plumbing and electrical repairs.
· Self-Help Enterprises - Requested $100,000 to administer a Senior/Disabled Mobile Home Repair Program (SMHRP) to provide at least 7 senior and/or disabled owner-occupied mobile homeowners with necessary repairs including roof repair/replacement, accessibility improvements, floor repair/replacement, and energy efficient improvements.
· Riding for a Reason (application has since been withdrawn*) - Requested $500,000 for operating assistance to assist individuals who have suffered financial hardship due to a serious illness. Riding for a Reason plans to develop a community building, and nursery. Riding for a Reason also plans to provide education on water conservation, pollution reduction, reduce carbon emissions, solar alternatives, recycling, and gardening. *Riding 4 a Reason decided to withdraw their application due to their program’s inability to meet a required national CDBG objective and the client expenditure ratio threshold.

Staff Recommended 2022 Annual Action Plan Activities (Attachment C):

A discussion of the proposed 2022 Annual Action Plan activities and their respective funding follows below. A summary of the proposed funding has also been provided in Attachment D. Staff requests that Council comment, discuss, and direct any necessary changes to the proposed project and program allocations. The 2022 CDBG administration and planning budget is $262,500, which is 20% of the 2022 combined total of grant allocation and program income.

The 2022 Proposed CDBG Public Services are listed below and included in Table-2: 2021 CDBG Proposed Public Services.
· Kings Tulare Homeless Alliance - At $20,000 to weekly operate the Visalia Local Initiatives Navigation Center (LINC) to provide wrap-around services for people experiencing homelessness, including mental health assessments/enrollments, housing counseling, birth certificates, CA ID vouchers, mainstream benefit enrollment, social security advocacy, substance abuse program enrollments, veteran services, hygiene kits, and food. KTHA will also oversee the annual PIT count expected in January 2023.
· Family Services of Tulare County - At $45,000 for the “Voucher” program to continue to provide case Visalia City Council Printed on 4/1/2022Page 3 of 8
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management and supportive services to chronically homeless persons in Visalia who are receiving a Tulare Housing First permanent supportive housing voucher. These funds are also used as match to secure the Tulare Housing First grants and PSH vouchers. The Tulare Housing First program is funded with a federal (HUD) grant and vouchers are available countywide. · Kings View PATH Program - At $35,000 to provide direct homeless services and homeless prevention services. Services include case management, transportation assistance, legal document assistance, linkage to employment services, and completion of the VI-SPDAT assessment. Direct client assistance includes security deposits, rental application fees, motel vouchers, legal document fees, interview clothing assistance, food vouchers, hygiene kits, and emergency rental assistance to prevent evictions. · Fair Housing Education - At $7,500 to provide fair housing education. Fair Housing Education was identified as a community need during the development of the 5-year Consolidated Plan and Analysis of Impediments to Fair Housing Choice.

Table-2: 2022 CDBG Proposed Public Services
Kings Tulare Homeless Alliance $ 20,000
Family Services Voucher Program 45,000
Kings View PATH Program 35,000
Fair Housing Education 7,500
Total 2022 CDBG Proposed Public Services $ 107,500 The 2022 CDBG Proposed Affordable Housing Projects are listed below and included in Table-3: 2022 CDBG Projected Affordable Housing.
· Habitat for Humanity - At $50,000 to administer an Emergency Repair and Accessibility Program (ERAP) to provide at least 8 low-income owner-occupied households with necessary emergency and accessibility repairs and improvements.
· Self-Help Enterprises - At $100,000 to administer a Senior Mobile Home Repair Program (SMHRP) to provide at least 7 senior and/or disabled owner-occupied mobile homeowners with necessary repairs including roof repair/replacement, accessibility improvements, floor repair/replacement, and energy efficient improvements.
· Code Enforcement - At $150,000 to provide code enforcement inspections in CDBG eligible low- moderate income target areas to address substandard housing. This funding pays the full cost of one staff position which is responsible for code enforcement in CDBG Target Areas. This staff position has been funded with CDBG annually for 25+ years. Code Enforcement activities were identified as an objective during the during the development of the 5-year Consolidated Plan.

Table-3: 2022 CDBG Proposed Affordable Housing
Emergency Repair and ADA Program $ 50,000
Senior Mobile Home Repair Program 100,000 Code Enforcement 150,000
Total 2022 CDBG Proposed Affordable Housing $ 300,000 The 2022 CDBG proposed facility improvement projects are listed below and included in Table-4: 2022 CDBG Projected Facility Improvement Projects. · ADA Compliance Projects - $458,958 to for ADA compliance projects, which includes design and Visalia City Council Printed on 4/1/2022Page 4 of 8
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construction of an ADA improvements in the downtown area, including a ADA pathway from Transit to Main Street per the request of the Disability Advocacy Committee (DAC). *Any increase or decrease of FY 2022 CDBG annual allocation or program income will be an adjustment to ADA Compliance Projects.
· Navigation Center Development - $2,055,205 to develop a low-barrier Navigation Center for Visalia’s homeless population through acquisition and/or rehabilitation. On June 21, 2021, Council authorized the use of CDBG funds, in the amount of $2,055,205 over the course of two years, toward the development of a low-barrier Navigation Center. The first year’s allotment of $1,834,163 has not been spent and is being carried forward as identified in the 2021 Annual Action Amendment. The $2,055,205 represents the City’s full CDBG investment in the construction of this facility.

Table-4: 2022 CDBG Proposed Facility Improvement Projects ADA Compliance Projects $ 458,958
Navigation Center Development 2,055,205
Total 2022 CDBG Proposed Public Facility Improvement Projects $ 2,514,163 2022 Proposed HOME Investment Partnership Program (HOME) Revenue and Expenses:

The 2022 HOME projected revenue includes $507,520 in estimated annual grant allocation, and $200,000 in estimated program income as identified in Table 5: 2022 HOME Projected Resources. *HOME program income is generated from repayment of HOME funded first-time homebuyer and/or owner-occupied loans.

Table-5: 2022 HOME Projected Resources
2022 Annual Allocation $ 507,520
2022 Program Income 200,000
Total 2022 HOME Projected Resources $ 707,520
The 2022 Proposed HOME funding is listed below and included in Table-6: 2022 HOME Proposed Funding. · HOME Administration - $70,750 for 2022 HOME Admin and Planning. This represents the 10% allowed for administration of the HOME program by HUD.
· First Time Homebuyer Program - $125,000 for 5 first time homebuyer assistance loans at $25,000 each, for the 5 HOME assisted single family homes under construction on NW 5th Avenue and N Court Avenue.
· The Lofts Project - $511,770 to construct an 80-multi-unit affordable rental housing complex. As a HOME Participating Jurisdiction, the City is required to provide at least 15% of HOME funds to a Community Housing Development Organization (CHDO) to develop affordable housing. Self Help Enterprises (SHE) is currently the only CHDO for the City of Visalia and the Lofts Project funding satisfies this HOME requirement. *Any increase or decrease of FY 2022 HOME annual allocation or program income will be an adjustment to the Lofts Project.

Table-6: 2022 HOME Proposed Funding
HOME Administration $ 70,750
First Time Homebuyer Program (For NW 5 125,000 The Lofts Project 511,770
Total 2021 HOME Proposed Funding $ 707,520Visalia City Council Printed on 4/1/2022Page 5 of 8 powered by Legistar™
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Table-6: 2022 HOME Proposed Funding
HOME Administration $ 70,750
First Time Homebuyer Program (For NW 5 125,000 The Lofts Project 511,770
Total 2021 HOME Proposed Funding $ 707,520
The 2021 Annual Action Plan Amendment:

The Program Year (PY) 2021 Community Development Block Grant (CDBG) Annual Action Plan (AAP) Amendment is comprised of funding in the amount of $1,834,163 from the 2021 Navigation Center project and carried forward to the 2022 Annual Action Plan as shown in Table-7: 2021 CDBG Annual Action Plan Amendment. Those funds were awarded for the development of the Navigation Center in the 2021 PY and will be combined with the 2022 Annual Action Plan allocation for this project.

Table-7: 2021 CDBG Annual Action Plan Amendment
Resources Approved Adjustments Proposed
2021 Annual Allocation $ 1,288,951 $ 1,288,951 2021 Program Income 50,000 50,000 Prior Year Resources 1,306,758 1,306,758 Total Resources $ 2,645,709 $ - $ 2,645,709 Expenditures Approved Adjustments Proposed
Administration $ 264,046 $ 264,046 Kings Tulare Homeless Alliance 20,000 20,000 Family Services Voucher Program 45,000 45,000 Kings View PATH Program 25,000 25,000 United Way of Tulare County 50,000 50,000 Fair Housing Education 7,500 7,500 Emergency Repair and ADA Program 50,000 50,000 Senior Mobile Home Repair Program 100,000 100,000 Code Enforcement 150,000 150,000 ADA Compliance Projects 100,000 100,000 Navigation Center (Forward to 2022 AAP) 1,834,163 (1,834,163) - Total Expenditures $ 2,645,709 $ (1,834,163) $ 811,546 Carryover - $ 1,834,163 $ 1,834,163 The 2021 HOME Annual Action Plan Amendment includes an addition of $55,000 of program income, $875,334 from prior years HOME grant funds, and $1,840,059 in HOME ARP funds for a total of $2,770,393 of HOME funds added to the 2021 Annual Action Plan. The 2021 HOME Action Plan Amendment also includes a reduction of $98,765 of HOME Admin, an allocation of $40,059 in HOME-ARP admin, an allocation of $1,029,099 to the single-family homes under construction at NW 5th Avenue, and an allocation of $1,800,000 to a HOME-ARP project to be determined as shown below in Table 8 - FY 2021 HOME Annual Action Plan Amendment.

Prior Years Funds: The 2021 HOME AAP Amendment includes $875,334 from prior year HOME funds from the previously approved NW 5th Ave. project. The NW 5th Ave. project includes construction of 5 single family affordable homes on vacant lots. Due to a delay in the construction of this project which resulted from the Covid-19 pandemic, the NW 5th Ave. activities have been canceled in the 2019 Annual Action Plan in U.S.

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and will now be included in 2021 Annual Action Plan Amendment.

HOME-ARP Funds: The City has been awarded $1,840,059 in 2021 HOME-ARP funds, to reduce homelessness and increase housing stability. On December 20, 2021, Council directed staff to prepare the HOME-ARP Allocation Plan as an amendment to the 2021 Annual Action Plan and to release an RFP seeking a nonprofit to develop permanent affordable rental housing for qualified City residents. This RFP is currently on the street being advertised. As a result, this is the final step to file the Amendment and submit to HUD. The draft HOME-ARP Allocation Plan is attached herein as Attachment C: Draft HOME-ARP Allocation Plan.

Table-8: 2021 HOME Annual Action Plan Amendment
Resources Approved Adjustments Proposed
2021 HOME Allocation $ 507,520 $ - $ 507,520 2021 Program Income 200,000 55,000 255,000 Prior Year Funds 2,365,371 875,334 3,240,704 HOME-ARP 1,840,059 1,840,059
Total Resources $ 3,072,891 $ 2,770,393 $ 5,843,283 Expenditures Approved Adjustments Proposed
HOME Admin $ 257,409 $ (98,765) $ 158,643 HOME-ARP Admin 40,059 40,059 Tenant-Based Rental Assistance 150,000 150,000 Sequoia Village Project 1,500,000 1,500,000 The Lofts Project 1,165,482 1,165,482 NW 5th Avenue Project 1,029,099 1,029,099 HOME-ARP Project 1,800,000 1,800,000 Total Expenditures $ 3,072,891 $ 2,770,393 $ 5,843,283 Carryover $ - $ - $ - Public Hearing for Adoption: Staff will return to Council with the final PY 2022 Annual Action Plan and PY 2021 Action Plan Amendment, including the HOME-ARP Allocation Plan on April 18, 2022, to hold a public hearing for adoption. This will include the comments provided by Council today, those received at meetings with the Citizens Advisory Committee (CAC) on April 6, 2022, and all public comments received during the 30- day Public Review Period commencing March 18, 2022 through April 18, 2022. The adopted PY 2022 Annual Action Plan must be submitted to HUD no later than May 15, 2022.

Fiscal Impact:

All expenditures proposed in this item will be funded with CDBG, HOME, and HOME-ARP grant funds and no General Fund money is to be included. All proposed budget amounts will be included in the final City budget document for appropriation in June 2022.

Prior Council Action:
· December 20, 2021 - HOME-ARP Public Hearing to review and comment on the development of HOME-ARP Allocation Plan.

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· June 21, 2021 - Council authorized the use of CDBG funds, in the amount of $2,055,205, as a forgivable loan, toward the development of a low-barrier Navigation Center. · November 16, 2021 - Council authorized a preliminary award letter for a commitment to Self-Help Enterprises in $2,350,898 of HOME funds to construct the Lofts 80-unit mulit-family project. · April 20, 2020 - Adoption of 5-year (2020/21 - 2024/25) Consolidated Plan Other: None
Alternatives: None
Recommended Motion (and Alternative Motions if expected):

That Council review and comment on the Draft U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG), HOME Investment Partnership Program, and HOME Investment Partnership American Rescue Plan Program (HOME-ARP) priorities and allocation of resources included in the Draft 2022 Annual Action Plan and Draft 2021 Annual Action Plan Amendment, including the Draft HOME-ARP Allocation Plan and provide the opportunity for the public to comment.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
· Attachment A: Draft 2022 Annual Action Plan
· Attachment B: Draft 2021 Annual Action Plan Amendment · Attachment C: Draft HOME-ARP Allocation Plan
· Attachment D: Draft 2022 AAP & 2021 AAP Amendment Tables · Attachment E: Draft 2022 AAP & 2021 AAP Amendment PPT Visalia City Council Printed on 4/1/2022Page 8 of 8
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Table of Contents

Executive Summary ....................................................................................................................................... 3 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 3 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 6 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................... 7 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 14 Expected Resources .................................................................................................................................... 16 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 16 Annual Goals and Objectives ...................................................................................................................... 20 Projects ................................................................................................................................................... 23 AP-35 Projects – 91.220(d) ..................................................................................................................... 23 AP-38 Project Summary .......................................................................................................................... 25 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 31 Affordable Housing ..................................................................................................................................... 32 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 32 AP-60 Public Housing – 91.220(h) ........................................................................................................... 34 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 36 AP-75 Barriers to Affordable Housing – 91.220(j) .................................................................................. 39 AP-85 Other Actions – 91.220(k) ............................................................................................................ 41 Program Specific Requirements .................................................................................................................. 44 Appendix “A” – Summary Detail ................................................................................................................. 47

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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Visalia (City) is an entitlement jurisdiction for the Community Development Block Grant (CDBG) program and a participating jurisdiction for HOME Investment Partnerships Act Program (HOME). As a required by the U.S. Department of Housing and Urban Development (HUD), the City develops a Consolidated Plan (ConPlan) every five years to guide the use of federal CDBG and HOME funding. The 5-Year ConPlan is the guiding document for allocating these resources which support projects and programs that benefit low- and moderate-income people by increasing housing and economic opportunities, strengthening low-income neighborhoods, and addressing public service and infrastructure needs. The Annual Action Plan (AAP) is also required by HUD each year of the five-year cycle and will summarize the programs and projects that will be funded by the annual grants to achieve the goals and objectives of the ConPlan. Annual accomplishments are reported on progress toward ConPlan goals in the Consolidated Annual Performance and Evaluation Report (CAPER).

2. Summarize the objectives and outcomes identified in the Plan Our strategy for community improvement using CDBG and HOME funds will focus on five broad goals.

These goals are:
• Improve housing opportunities for low-income households through new construction, mortgage and rental assistance, senior housing, housing for the disabled, and rehabilitation of homes/mobile home.
• Provide for a suitable living environment for low-income individuals and/or areas through Tenant-based subsidies and property maintenance (Code Enforcement):
• Address community/special needs through shelters, counseling, youth services, and domestic violence services.
• Address the needs of persons who are homeless with transitional housing, permanent housing, voucher programs, and tenant-based rental assistance.
• Improve public infrastructure and facilities in the community. • Provide optimal program administration and oversight of the CDBG and HOME programs to continue planning efforts that address the needs of extremely low, very low, and low-income households and neighborhoods.

Details of our plan to meet these goals can be found in the strategies the City has identified below with the following labels:
• Increase affordable housing for LMI households in the City of Visalia 298

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• Create suitable living environments for renters/homeowners in the City of Visalia • Address community/special needs and services
• Address the needs of people experiencing homelessness • Enhance community development
• Provide efficient administration and oversight of the CDBG and HOME programs

3. Evaluation of past performance
The U. S. Department of Housing and Urban Development requires an evaluation of the City’s progress toward goals for the CDBG and HOME funds each year of the five-year ConPlan period. Over the past five-year ConPlan period, 2015 to 2019, the City has supported organizations providing services to populations in need and addressed the lack of affordable housing through partnerships with the Housing Authority, and non-profit organizations, including Self-Help Enterprises (SHE), a local low-income housing provider. The City has allocated grant funding to the following:
• Fair Housing Council of Central California (FHCCC), assisting 184 people by handling housing discrimination complaints and agency referrals, holding seminars and educational workshops, and conducting discrimination testing;
• Acquisition of the -Self Help Enterprises. Inc. (SHE) public facility for bridge/transitional housing; • Self Help Enterprises on policy development and provision of grants for the mobile home repair program, and acquisition and rehabilitation of affordable housing and rental units; • Family Services of Tulare County, providing HOME funded tenant based rental assistance and case management;
• ADA Compliance Public Improvement projects;
• Park improvements (Jefferson Park, Community Lot Garden); • Section 108 loan payments; and
• Support to providers of assistance to homeless and low-income populations.

4. Summary of Citizen Participation Process and consultation process The 2022 Annual Action Plan goals were established based on high priority needs as identified in the 2020-2024 ConPlan. The City used several community outreach methods including public meetings, two surveys, and stakeholder consultations. Efforts to reach populations underrepresented in the planning process of the ConPlan included discussions regarding the survey with various housing, social service, faith-based, and other organizations that provide services to the disabled, special needs, low income, and homeless population community. Many of the organizations that assisted in the effort to distribute the surveys posted them on their websites and sent notification to their partners and clientele. The surveys were provided in English and Spanish.

Several stakeholders were also consulted during public workshops, over the phone, and in-person at their offices. Such stakeholders included, but were not limited to, Housing providers, Health service providers, social service providers, Organizations representing protected classes, Fair housing, Broadband internet providers, Emergency management organizations, the Citizens Advisory Committee, the Disability Advocacy Committee, and additional local and regional stakeholders. 299

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In addition, the Program Year 2022 Annual Action Plan 30-day public comment period took place from March 18, 2022 through April 18, 2022. A Public notice was published in the Visalia Times Delta on March 18, 2022 and April 1, 2022. The draft 2022 Annual Action Plan was available for review on the City's website at www.visalia.city. Public notices also sent to the Kings Tulare Homeless Alliance listserv and the City's social media channels. The City also held the following virtual community and city council meetings:
• City Council (Draft Review) on April 4, 2022 at 7:00pm • Citizens Advisory Committee (CAC) on April 6, 2022 at 5:30pm • City Council Public Hearing (Adoption) on April 18, 2022 at 7:00pm

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

Summary of comments will be added following the public comment period.

6. Summary of comments or views not accepted and the reasons for not accepting them All comments will be accepted and taken into consideration.

7. Summary
The City of Visalia conducted several public meetings and hearings to gather input and review the 2020- 2024 Consolidated Plan. In addition, the City held stakeholder meetings with multiple community and regional organizations and agencies providing services to low income and homeless populations. The City has reviewed several plans to gather information for the development of this Plan that included the City of Visalia Housing Element for 2020-2023, which was being drafted concurrently with the Consolidated Plan. A summary of the full citizen participation of the 2022 Annual Action Plan will be included as Attachment A.
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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency VISALIA
CDBG Administrator VISALIA Finance Department-Housing Division HOPWA Administrator N/A N/A
HOME Administrator VISALIA Finance Department- Housing Division HOPWA-C Administrator N/A N/A
Table 1 – Responsible Agencies

Narrative (optional)
The City of Visalia (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs at the City of Visalia. The City’s Finance Department, Housing Division administers the funds it receives under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs.

Consolidated Plan Public Contact Information
Margie Perez
City of Visalia – Housing Specialist
Finance Department - Housing Division
707 W. Acequia Ave., Visalia, CA 93291
Email: [email protected]
Phone: (559) 713-4460
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City has fostered a community engagement process and gathered public input on community improvements that could be addressed by utilizing federal entitlement funds. During the preparation of the 5-year ConPlan, the City facilitated a community outreach and engagement effort to further strengthen the dialogue between public and assisted housing providers and private and governmental health, mental health and service agencies that receive federal funding. Participants in the community outreach process provided feedback on what they viewed as the most pressing housing, special needs/public services, and community development needs in the City.

Specifically related to public and assisted housing providers, private and governmental health, mental health and service agencies, City staff has met with the County Homeless Task Group, a City Emergency Shelter Task Group, and the Continuum of Care (Homeless Alliance) members. Organizations represented in City priorities includes county and local government, faith-based organizations, concerned citizens, housing providers, service providers, including mental health, education, employment, and others.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
City staff met with public officials, City departments, the Housing Authority of Tulare County (HATC), residents, and agencies to develop strategies for how best to invest grant funding to address discuss priority community needs. Staff met with the Citizens Advisory Committee, which acts as a liaison between the public and the City Council concerning community needs. Also, City Staff met with the Disability Advocacy Committee, to be advised on the needs of disabled persons in the community. A focus group was held with the City’s Community Housing Development Organization (CHDO), Self-Help Enterprises, which has, in the past and present, worked collaboratively with the City of Visalia to increase the City’s supply of affordable housing.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The Kings/Tulare Homeless Alliance (Alliance) is the regional continuum of care which facilitates services through a system of homeless housing and service providers, advocates, government representatives and consumers to conduct outreach and strategies to address the needs of homeless persons and persons at risk of homelessness.
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City staff participates in regular monthly meetings of the Alliance to better understand the changing needs and challenges facing homeless populations; to coordinate strategies that ensure effective regional coordination in helping homeless individuals and families reach maximum self-sufficiency.

The City of Visalia supports the Alliance by providing grant funding for the yearly Point In Time Homeless Census and counts, the Project Homeless Connect events, as well as continued administration of the HUD Homeless Management Information System (HMIS).

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Not applicable. The City does not receive ESG funding.

2. Describe Agencies, groups, organizations, and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Representatives of the following agencies, groups, and organizations contributed to the narratives and data include in the Consolidated Plan and Action Plan preparation are listed in Table 2 on the following page.

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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Kings/Tulare Homeless Alliance Agency/Group/Organization Type Housing
Services-Persons with Disabilities
Services-homeless
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Market Analysis
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Consultation provided information; Continued partnership/collaboration through CoC meetings. Survey feedback presented the ConPlan High priority needs, 202 2 Action Plan through the listserv members who represent all the types of organizations listed above including service providers, and community stakeholders. The Continuum of Care, and Homeless Task Group meetings and feedback relate to the need for homeless hou sing. CDBG funding would assist KTHA to further meet the needs of the chronically homeless community. 2 Agency/Group/Organization Housing Authority of Tulare County Agency/Group/Organization Type PHA
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
HATC provided input through the survey, recommending that the city make more funding available for the acquisition and rehabilitation of more affordable housing. HATC was also consulted in preparation of the Consolidated Plan and Annual Action Plan. 304

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3 Agency/Group/Organization Self-Help Enterprises
Agency/Group/Organization Type Housing
Services - Housing
Services-Education
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Lead-based Paint Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan, which helped in prioritizing the City's housing and community needs. 4 Agency/Group/Organization Tulare County Health and Human Services Agency Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-homeless
Services-Health
Health Agency
Child Welfare Agency
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
5 Agency/Group/Organization United Way of Tulare County Agency/Group/Organization Type Services - Housing
Regional organization
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
6 Agency/Group/Organization Family Services of Tulare County Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
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7 Agency/Group/Organization Kings View Corporation
Agency/Group/Organization Type Services - Housing
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
8 Agency/Group/Organization Citizens Advisory Committee Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan. A community meeting was also conducted on April 6, 2022 to review the draft 2022 Annual Action Plan.

Identify any Agency Types not consulted and provide rationale for not consulting 307

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The City reached out to several different agencies, groups, and organizations and invited them to participate in the preparation of the 5-year Consolidated Plan goals. They were contacted via email and provided with a stakeholder flyer that included information on the community forum and public hearings. The City asked these groups to forward this information to their colleagues and mailing lists. They were also encouraged to complete the community needs survey and to share the survey link with community stakeholders. The City also published public notices in the Visalia Times Delta, the City website, and the City's social media outlets.

The types of additional agencies were businesses, educational services, groups and organizations, employment service providers, fair housing services, health service and domestic violence service providers, service providers for children and elderly persons, other advisory, veterans and concerned citizens, as well as faith-based organizations. The following additional providers were sent notice and information via-email encouraging feedback on preparing the Action Plan activities form:
• Businesses: Downtown Visalians, Hispanic/Visalia Chamber of Commerce, Tulare County Economic Development, & Retail Associates.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Kings Tulare
Homeless Alliance
As the designated bi-county Continuum of Care, the Alliance is responsible for planning process for the bi - county region which includes the City of Visalia. The Alliance mission is to coordinate and leverage resources that empower community partners including the City of Visalia to address homelessness.

City of Visalia Fair
Housing Rental
Assessment
City of Visalia and
Fair Housing Council
of Central California
The Fair Housing Council Fair Housing Rental Assessment is based upon systemic paired testing of the rental housing market to form the basis of plans to counteract discriminatory practices in the rental housing market with the City.

City of Visalia
General Plan Housing
Element
City of Visalia
The Housing Element assesses the need for housing for all levels of income and establishes policies to meet those needs. The Strategic Plan goals support the implementation of the Housing Element by working to construct and rehabilitate new and existing affordable housing units.

Tulare County Multi-
Jurisdictional Local
Hazard Mi
County of Tulare Development, as related to the Consolidated Plan, that occurs shall be primarily in the areas where environmental hazards can be properly mitigated.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)
None.
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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation summarize citizen participation process and how it impacted goal setting

Outreach for the City of Visalia’s 2020-24 Consolidated Plan objectives were conducted in several methods: community outreach and housing needs surveys, public meetings, stakeholder interviews, and public hearings. Significant outreach efforts were made to the public, faith-based organizations, educational institutions, housing services, and health and social service organizations (including organizations providing services to homeless persons and families, persons with HIV/AIDS, victims of domestic violence, senior citizens, and extremely low to low-income populations).

The 2022 Annual Action Plan goals were established based on highest priority needs identified during the 2020-2024 Community Needs Assessment. Based upon the input received by the community and council, high priorities were identified as homeless services, fair housing, emergency & ADA home repairs, mobile home repairs, code enforcement, ADA improvements, a low-barrier homeless shelter, affordable housing and tenant-based rental assistance.

The 2022 Action Plan 30-day public comment period seeking community input was held from March 18, 2022 through April 18, 2022. The draft 2022 Action Plan was available for review on the City's website at www.visalia.city. The City took several steps to seek community input on the draft 2022 Action Plan, by publishing a English and Spanish public notice in the Visalia Times Delta on March 18th, 2022 and April 1st, 2022, City's website, City's social media outlets, and the Kings Tulare Homeless Alliance listserv. The following community and city council meetings were held to review the draft Action Plan and obtain public comment. • City Council Meeting on April 4, 2022 at 7:00pm
• Citizens Advisory Committee on April 6, 2022 at 5:30pm • City Council Public Hearing on April 18, 2022 at 7:00pm

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Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
Comments
received
Summary of
comments not
accepted and reasons URL (If applicable)
1 Newspaper Ad Non-targeted/broad
community
English/Spanish public notice
published in the Visalia Times
Delta on 3/18/22 & 4/1/22.

Comments
to be added. N/A
2 Internet
Outreach
Non-targeted/broad
community
English/Spanish public notice and
draft 2022 AAP were available on
the City's website from 3/18/22 -
4/18/22.

Comments
to be added. N/A
www.visalia.city/depts
/finance/housing_n_cd
bg_services/public_not
ices.asp.
3 Internet
Outreach
Non-targeted/broad
community
City social media posts on City's
Facebook, Instagram, and Twitter
pages.

Comments
to be added. N/A
4 Listserv Notice Non-targeted/broad
community
Approximately 330 receipts were
notified on the Kings Tulare
Homeless Alliance listserv notice.

Comments
to be added. N/A
5 Public Hearing Non-targeted/broad
community
City council meeting to review
draft 2022 Action Plan and obtain
public comment was held on
4/4/22
Comments
to be added N/A
6 Public
Meeting
Non-targeted/broad
community
Citizens Advisory Committee
community meeting to review
draft and obtain public comment
was held on 4/6/22.

Comments
to be added. N/A
8 Public Hearing Non-targeted/broad
community
Public hearing to approve the 2022
Action Plan and authorize
submission of the plan to HUD
held on 4/18/22.

Comments
to be added. N/A
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The Program Year (PY) 2022, CDBG estimated budget consists of $1,300,000 in entitlement funds, $50,000 in estimated program income, and $1,834,163 in prior year resources for a total of $3,184,163 CDBG funds. The PY 2022, HOME estimated budget consists of $507,520 in HOME funds, $200,000 in estimated program income for a total of $707,520. The City currently does not have an Emergency Solutions Grant (ESG) or Housing Opportunities for Persons with AIDS (HOPWA) grant. The Expected Amount Available Remainder of ConPlan is the first year 2020 grant allocation multiplied by 3 years to equal total remainder of ConPlan in program year 2020. Each program year the Expected Amount Available Remainder of ConPlan is subtracted by the current grant allocation.

Anticipated Resources
Program
Source
of
Funds Uses of Funds
Expected Amount Available Year 3 Expected
Amount
Available
Remainder
of ConPlan
$ Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG Public
Federal
Admin,
Public Services,
Affordable
Housing, and
Public
Improvements

$1,300,000 $50,000 $1,834,163 $3,184,163 $2,650,992 The estimated PY 2022 CDBG resources include $1,300,000 in entitlement funds,
$50,000 in program income, and $1,834,163
in prior year resources for a total of
$3,184,163 in CDBG funds.
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Program
Source
of
Funds Uses of Funds
Expected Amount Available Year 3 Expected
Amount
Available
Remainder
of ConPlan
$ Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME Public
Federal
Admin,
Homebuyer
Assistance, and
Multifamily Rental
New Construction

$507,520 $200,000 $0 $707,520 $1,622,472

The estimated PY 2022 HOME resources
include $507,520 in entitlement funds, and
$50,000 in program income for a total of
$707,520 in HOME funds.

Table 5 - Expected Resources – Priority Table

Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied
The City leverages both federal and local housing funds by supporting non-profit organizations that develop affordable housing. The City, or its partners, provides matching funds for housing related services to several programs, which includes the following:
• SHE-CHDO Scattered Single Family Acquisition/Rehabilitation/Resale. Scattered Site Acquisition, Rehabilitation and Resale of Single- Family Property Program will be administered and operated through the City’s certified Non-Profit, designated Community Housing Development Organization (CHDO), currently Self-Help Enterprises (SHE). • SHE-CHDO Scattered Multi-Family Site Acquisition/Rehabilitation/Rent. For example, the Lofts Project is the development of an 81-unit multi-family affordable housing complex that is budgeted above $25 million. HOME funds will be leverage with the various other funding sources, such as, No Place Like HOME Program (NPLH), Multifamily Housing Program (MHP), and the Infill Infrastructure Grant (IIG). • Voucher Program – used as a match to receive Tulare Housing First grants to provide permeant supportive housing vouchers. • First-Time Homebuyers Program – leveraged with private first position loans to assist First-Time Homebuyers purchase a home.

Below is a list of potential financial resources considered a part of the City’s overall financial plan to address priority needs and specific 312

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objectives identified in the Consolidated Plan.
• Housing Authority of Tulare County (HATC) a public housing authority with jurisdiction within the City and the County. • Low-Income Housing Tax Credit Program (LIHTC): The LIHTC program provides federal and state tax credits for private developers and investors who agree to set aside all or an established percentage of their rental units for low-income households for no less than 30 years.
• Multi-Family Housing Program: If California’s Housing and Community Development Department awards Multi-Family Housing Program loans to assist rental housing developments affordable to low-income households in the City, the City will assist the developers with identifying local funding.
• The City will also be receiving on an annual basis, Permanent Local Housing Allocation (PLHA) funding which will assist with matching requirements.
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Visalia does not currently own any land considered viable for the needs and uses identified in the plan. However, there is no shortage or available land for these purposes, as discussed below.

Discussion
The Regional Housing Needs Assessment (RHNA) is part of a statewide mandate to address housing issues that are related to future growth in a region. State housing element law assigns the responsibility for preparing the RHNA for the Tulare County region to the Tulare County Association of Governments (TCAG). TCAG, and other California councils of governments (COGs), undertake the RHNA process prior to each housing element cycle. The current RHNA is for the six-housing element cycle and covers a 9.75- year projection period from January 1, 2014, to September 30, 2023. The City of Visalia has conducted an analysis and concludes that Visalia has adequate sites to accommodate its RHNA allocation for Extremely Low, Very Low, and Low-Income categories.

The City Planning Department lists lands available for development in its sites inventory list. However, it is undetermined as to who will develop and when development will occur. A comparison of Regional Housing Need and Residential sites is listed in Table 1-41 from the Draft Housing Element. The City approved 2,835 units between 2014 and 2018, consisting of 2,486 single-family units and 400 multi- family units (see SP-05 attachment - Regional Housing Need and Sites Inventory). If constructed, there would be a surplus of units for extremely low income: 210 units, low income: 514 units, moderate income: 675 units, and above moderate income: 3,232 units. 314

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Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area
Needs
Addressed Funding Goal Outcome Indicator
1 Increase
affordable
housing
2020 2025 Affordable
Housing
Citywide Affordable
Housing
HOME:
$636,770
Rental units constructed: 11 Household
Housing Unit;
Direct Financial Assistance to Homebuyers:
5 Households Assisted

2 Create
suitable living
environment
2020 2025 Affordable
Housing
Citywide/
LMI Tracts
Affordable
Housing
Neighborhood
Preservation
CDBG:
$300,000

Homeowner Housing Rehabilitated: 15
Household Housing Unit;
Housing Code Enforcement/Foreclosed
Property Care: 200 Household Housing Unit
3 Address
community/
special needs
services
2020 2025 Homeless
Non-
Homeless
Special Needs
Citywide Shelter and
counseling for
the homeless
Public Services
CDBG: $42,500 Public service activities for Low/Moderate Income Housing Benefit: 50 Households
Assisted
4 Address
homeless
needs
2020 2025 Homeless Citywide Shelter and
counseling for
the homeless
Public Services
CDBG: $65,000 Public service activities other than
Low/Moderate Income Housing Benefit:
400 Persons Assisted; Public service
activities for Low/Moderate Income
Housing Benefit: 13Households Assisted

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Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area
Needs
Addressed Funding Goal Outcome Indicator
5 Enhance
community
development
2020 2025 Non-Housing
Community
Development
LMI Tracts Improve
Community and
Public Facilities
CDBG:
$2,514,163
Public Facility or Infrastructure Activities
other than Low/Moderate Income Housing
Benefit: 50 Persons Assisted
Overnight/Emergency Shelter/Transitional
Housing Beds added: 100 Beds
6 Program and
planning
administration
2020 2025 Program
administration
funds
Citywide Community
Development
CDBG:
$262,500
HOME:
$70,750
Other: 1 Other
Table 6 – Goals Summary

Goal Descriptions
1 Goal Name Increase affordable housing
Goal Description Increase the amount of affordable housing stock in the City of Visalia with the construction of 80 units, of which 11 new LMI multi-family rental units will be HOME funded on a property located at 300 E. Oak Avenue. To provide 5 first time homebuyer direct assistance for 5 newly constructed single-family homes located on NW 5th Avenue and N. Court Avenue.
2 Goal Name Create suitable living environment
Goal Description Code enforcement inspection services for an estimated 200 units within deteriorated or deteriorating low-moderate income eligible areas to arrest the decline of the area. An Emergency Repair and Accessibility Program and Owner - Occupied Senior Mobile Home Program. HOME funded Tenant-Based Rental Assistance (TBRA).
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3 Goal Name Address community/special needs services
Goal Description Provide vital public services which include homeless case management, homeless outreach services, homeless prevention mortgage/rental and utilities assistance, and fair housing.
4 Goal Name Address homeless needs
Goal Description CDBG funds will be provided for annual Point-In-Time counts, project homeless connect and voucher match case management
5 Goal Name Enhance community development
Goal Description Improve Visalia community facilities and infrastructure. The location of such facilities will be determined however, improvements will be made in designated LMI tracts in the City.
6 Goal Name Program and planning administration
Goal Description Fund planning and administration activities by City staff to administer the CDBG and HOME Program funds.

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Projects
AP-35 Projects – 91.220(d)
Introduction
Program Year 2022 CDBG and HOME Projects were established based on the high priority needs identified in the 2020-2024 Consolidated Plan Needs Assessment and Strategic Plan. The Consolidated Plan goals below address the high priority needs and serve as the foundation for strategic actions the City will undertake. These goals are based on the ConPlan’s Needs Assessment and Housing Market Analysis sections as well as community outreach conducted:
• Increase affordable housing
• Create suitable living environment
• Address community/special need services
• Address homeless needs
• Enhance community development
• Program planning & administration
The City's PY 2022 estimated CDBG budget includes $1,300,000 in CDBG grant funds; $50,000 in program income; and $1,834,63 in prior year funds. The City's PY 2022 estimated HOME budget includes $507,520 in HOME funds; and $200,000 in program income. Any increase or decrease of 2022 CDBG program income will be directed toward the CDBG ADA improvement projects. Any increase or decrease of Program Year 2022 HOME grant and/or program income will be directed toward The Lofts Project.

Projects
# Project Name
1 2022 HOME Administration
2 2022 The Lofts Project
3 2022 First Time Homebuyer Program
4 2022 CDBG Administration
5 2022 Address Homeless Needs - Public Services
6 2022 Address Community/Special Needs Services
7 2022 Emergency Repair Program (ERAP)
8 2022 Senior Mobile Home Repair Program
9 2022 Code Enforcement
10 2022 ADA Compliance Projects
11 2022 Navigation Center
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Table 7 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The projects will address the priority needs described in the Consolidated Plan by providing direct homeless services, homeless prevention services, fair housing services, code enforcement inspections to maintain neighborhood stabilization, housing rehabilitation programs, affordable housing options for the LMI population, ADA compliance projects, and develop a low-barrier Navigation Center. An obstacle in addressing underserved needs include needs outweighing funding resources. Nevertheless, the City worked resourcefully in combing multiple funding sources to maximize the allocation of resources to address underserved community needs.

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AP-38 Project Summary
Project Summary Information
1 Project Name 2022 HOME Administration
Target Area Citywide
Goals Supported Program and planning administration
Needs Addressed Community Development
Funding HOME: $70,520
Description 2022 HOME Administration and Planning.

Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
N/A
Location Description Citywide
Planned Activities 2022 HOME Administration and Planning. 2 Project Name 2022 The Lofts Project
Target Area Citywide
Goals Supported Increase affordable housing
Needs Addressed Affordable Housing
Funding HOME: $511,770
Description Construction of an 80-unit mulit-family rental complex, of which 11-units will be HOME funded.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the proposed
activities
11 LMI households are expected to benefit from the proposed activity.

Location Description 300 E. Oak Avenue, Visalia, CA 93291 Planned Activities The City will provide funding toward Self-Enterprises, Inc. (SHE), to build 11 of the 80 new LMI multi-family rental units. 3 Project Name 2022 First Time Homebuyer Program
Target Area Citywide
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Goals Supported Increase affordable housing
Needs Addressed Affordable Housing
Funding HOME: $125,000
Description First Time Homebuyer Program
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
5 LMI families
Location Description NW 5th Avenue and N. Court Avenue, Visalia Planned Activities First Time Homebuyer Program for the single-family homes built on NW 5th Avenue and N. Court Avenue.
4 Project Name 2022 CDBG Administration
Target Area Citywide
Goals Supported Program and planning administration
Needs Addressed Community Development
Funding CDBG: $262,500
Description 2022 CDBG Administration and Planning
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
N/A
Location Description Citywide
Planned Activities 2022 CDBG Administration and Planning 5 Project Name 2022 Address Homeless Needs - Public Services Target Area Citywide
Goals Supported Address homeless needs
Needs Addressed Public Services
Funding CDBG: $65,000
Description Continuum of Care Point in Time survey and LINC services.

Permanent Supportive Housing Voucher match.
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Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
414 low-income homeless individuals.

Location Description Citywide
Planned Activities Continuum of Care Point in Time survey and LINC services.

Permanent Supportive Housing Voucher match.
6 Project Name 2022 Address Community/Special Needs Services Target Area Citywide
Goals Supported Address community/special needs services Needs Addressed Public Services
Funding CDBG: $42,500
Description Homeless outreach - case management, supportive services, security deposits, rental application fees, legal document assistance; homeless prevention - rental/mortgage assistance and utilities assistance, and fair housing education.

Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
50 low-moderate households
Location Description City wide
Planned Activities Homeless services, homeless prevention, and fair housing. 7 Project Name 2022 Emergency Repair Program (ERAP)
Target Area Citywide
Goals Supported Create suitable living environment
Needs Addressed Neighborhood Preservation
Funding CDBG: $50,000
Description Emergency Repair and ADA Program (ERAP) $50,000 to provide owner occupied unit’s emergency repairs and energy efficient upgrades.

Target Date 6/30/2023
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Estimate the number and
type of families that will
benefit from the proposed
activities
8 LMI households are expected to benefit from the proposed activity.

Location Description Citywide
Planned Activities Emergency Repair and ADA Program (ERAP) $50,000 to provide owner occupied unit’s emergency repairs and energy efficient upgrades.
8 Project Name 2022 Senior Mobile Home Repair Program
Target Area Citywide
Goals Supported Create suitable living environment
Needs Addressed Neighborhood Preservation
Funding CDBG: $100,000
Description Senior Mobile Home Repair Program to owner occupied low- income seniors and/or disabled persons.

Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
7 low-income seniors and/or disabled persons.

Location Description Citywide. Sites are to be determined.

Planned Activities Senior Mobile Home Repair Program to owner occupied low- income seniors and/or disabled persons.
9 Project Name 2022 Code Enforcement
Target Area LMI Tracts
Goals Supported Create suitable living environment
Needs Addressed Neighborhood Preservation
Funding CDBG: $150,000
Description 2022 Code Enforcement services in deteriorating or deteriorated low-moderate-income areas to arrest the decline of the area.

Target Date 6/30/2023
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Estimate the number and
type of families that will
benefit from the proposed
activities
200 LMI households are expected to benefit from the proposed activity.

Location Description LMI target areas.

Planned Activities 2022 Code Enforcement services in deteriorating or deteriorated low-moderate-income areas to arrest the decline of the area. 10 Project Name 2022 ADA Compliance Projects
Target Area LMI Tracts
Goals Supported Enhance community development
Needs Addressed Improve Community and Public Facilities Funding CDBG: $458,958
Description 2022 ADA compliance projects and public infrastructure improvements.

Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
50 LMI persons are expected to benefit from the proposed activities.

Location Description LMI Target Areas.

Planned Activities 2022 ADA compliance projects and public infrastructure improvements.
11 Project Name 2022 Navigation Center
Target Area Citywide
Goals Supported Enhance community development
Needs Addressed Shelter and counseling for the homeless Funding CDBG: $2,055,205
Description Development of a Low-Barrier Navigation Center through acquisition, rehab, or construction.

Target Date 6/30/2024
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Estimate the number and
type of families that will
benefit from the proposed
activities
100 low-income homeless individuals are expected to benefit from the proposed activity.

Location Description 3506 N. Dinuba Blvd. Visalia, CA 93291 Planned Activities To develop a Low-Barrier Navigation Center for people experiencing homelessness.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Many of the CDBG activities funded in 2022 are offered citywide to low- and moderate-income households. However, for certain CDBG programs, such public infrastructure improvements, and code enforcement are directed to neighborhoods that qualify for CDBG funds on an "area benefit" basis. An area benefit activity is one that is available to benefit all the residents of an area which is:
• Primarily residential and
• Where 51% of the population is low- and moderate-income Except for the HOME-funded multi-family rental housing units to be built (The Lofts) which is located at 300 E Oak Avenue, and the Navigation Center at 3506 N. Dinuba Blvd. all other programs are to be administered citywide, or within the CDBG Target area.

Geographic Distribution
Target Area Percentage of Funds
Citywide 84
LMI Tracts 16
Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically Entitlement funds will be distributed citywide as eligible. However, CDBG funds will be utilized in CDBG Target areas for Code Enforcement, and ADA Improvements. A presumed Benefit project, such as an ADA improvement project or low-and-moderate-income residential areas in need of access, would be applicable. CDBG funding directed toward public services is a citywide public service benefit. Public Facilities are based upon CDBG requirements, such as the area benefit noted above, limited clientele, or income qualifications. Affordable housing will be pursued citywide, which encompasses CDBG Target Areas. Other programs may benefit within the CDBG Target areas as well, however, are allowed citywide, based upon income eligibility.

Discussion

The Low-and Moderate-Income Concentration Census Tract Map that is being utilized for the 2022 Action Plan and is based on the Low-and Moderate-Income Summary Data (LMISD) provided on HUD Exchange website.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The AAP must specify goals for the number of homeless, non-homeless, and special needs households to be provided affordable housing within the program year. The AAP must also indicate the number of affordable housing units that will be provided by program type, including rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units. For this section, the term “affordable housing” is defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR

92.254 for homeownership.

Findings in the data, included within the Strategic Plan, show that there is not an adequate amount of local housing affordable to LMI households, especially for extremely low- and very low-income households. According to the HUD data reports there is sufficient housing units for the various income categories. After analysis, the only income category that truly does have enough housing is the 50-80% AMI. The following data (CHAS 2014-2018) supports this housing deficit/surplus:
• 0-30% AMI: There are 4,170 households living in this income category, yet there are only 2,610 rental units available that are affordable to these households in the City. • 30-50% AMI: There are 4,530 households living in this income category yet there are only 2,935 units available.
• 50-80% AMI: There are 5,880 households in this income category and there are 1,650 units.

Tables 33 and 36 included within the Strategic Plan, MA-15 section show the recent changes to factors effecting affordability including income, rent and value. Median income has increased 2.5% since 2015 and when compared to the growth in median contract rent (+7.2%), rental housing prices are outpacing income growth. This may continue to strain affordability in the rental housing market, and lead to higher rates of housing cost burden, especially for LMI households. However, when looking at the owner market, ownership may be more attainable now than it was previously in 2017. This is evidenced by the fact that median income growth has increased, while median home values have declined over 10%.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 31
Special-Needs 0
Total 31
Table 9 - One Year Goals for Affordable Housing by Support Requirement

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One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 11
Rehab of Existing Units 15
Acquisition of Existing Units 5
Total 31
Table 10 - One Year Goals for Affordable Housing by Support Type

Discussion
Staff works with its non-profit partner SHE to include additional types of acquisition, such as vacant, infill and reconstruction. As funding, through PI becomes available, it would be directed toward SHE CHDO acquisition rehabilitation projects, including the Lofts Project. The 2022 Action Plan includes the development of 11 HOME-assisted affordable rental units with the Lofts Project, 8 home repairs with the Emergency Repair & Accessibility Program, 7 mobile home repairs with the Senior Mobile Home Repair Program, and 5 First Time Homebuyer Assistance.

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AP-60 Public Housing – 91.220(h)
Introduction
HATC works closely with the City, Continuum of Care “Alliance” and the recently formed Homeless Resource Task Group. Actions planned by the PHA this year are referenced below. HATC owns/manages 179 Public housing units in Visalia and manages another 764 affordable housing units through the City of Visalia. HATC has a master lease with Family Services of Tulare County (FSTC) to house families that participate in the rapid rehousing and domestic violence programs that FSTC administers within the City of Visalia. Through a partnership with Tulare County Health & Human Services Agency (TCHHSA) Mental Health, HATC manages Clark Court, Transitional Living Center, and East Tulare Cottages which house and provide supportive services for individuals that participate in TCHHSA Mental Health programs.

Actions planned during the next year to address the needs to public housing HATC will continue to own and manages 179 public housing units in the City. HATC also owns and manages an additional 764 affordable housing units. There is currently no plan to purchase additional public-housing units, nor do they plan on removing any units from their inventory. Their current projection is for an investment of $375,500 in Capital Fund improvements during the FY 2022. There is no project based rental assistance units within the City. HATC expenditures cover maintenance and rehabilitation in public-housing units within the City. HATC's Capital Fund expenditures will cover a large range of projects, including roofing replacement, landscaping improvements, carpet replacement along with air conditioning and heating unit improvements. HATC acquired vacant land at 830 E. Roosevelt Avenue in Visalia to develop a mulit-family development, with a total of four (4) units for rental to qualified low-income households. (Data source: HATC November 2021).

Actions to encourage public housing residents to become more involved in management and participate in homeownership
HATC created a Resident Council composed of five residents from HUD funded programs (Multifamily Housing, LIHTC, HOME, Section 8 Housing Choice Vouchers, and public housing). The Resident Council works with HATC staff on evaluating the effectiveness and efficiency of existing rental assistance programs. This structure was put into place to give public housing residents the opportunity to provide input on necessary program modifications, through the Council members. HATC is proactive in the inclusion of public-housing residents in the policy making process. As required, two public housing tenants sit on the HATC Commission board. Between the Resident Council and tenant representation on the Board an equitable and transparent policy making process has been put into place.

A vital driving factor that continues to influence HATC programs is the promotion and goal of tenant self-sufficiency. HATC views homeownership as a long-term goal for most program participants. HATC staff works with tenants to effectively provide them with the necessary resources to achieve homeownership. HATC’s Annual Re-Examination Notice provides public-housing participants with an 329

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extensive referral list that aids with homeownership. Their list includes programs managed by: CSET, City of Visalia, Habitat for Humanity, CalHFA, and Self-Help Enterprises. HATC’s program coordinator works with any interested public housing tenant to effectively inform them of all the different programs and services available to them. Effective collaboration between their agency and other public and nonprofit agencies is imperative to help promote homeownership among all HATC’s tenants. Lastly, HATC created “RentTrack Payment, an online payment system which will allow public housing residents to utilize their rental payments made on time to raise or build individual credit scores. RentTrack has increased credit scores an average of 29 points in just two months and 132 points over a 2-year period.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
HATC is not designated as troubled.

Discussion
See discussion above.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
This section describes the City’s one-year goals and the specific action steps it will undertake in the program year to carry out the homeless strategy outlined in the ConPlan’s SP-60 Homelessness Strategy.

This section will also describe the jurisdiction’s goals and specify the activities it will undertake to serve the housing and supportive service needs of non-homeless populations who require supportive housing.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
The City has allocated over $2 million of CDBG funds for the development of a Low-Barrier Navigation Center for people experiencing homelessness. The City also allocating Permanent Local Housing Allocation (PLHA) and Low-Mod Successor Agency Housing (SAH) funds toward the development and operation of the Project. The project is expected to begin construction in Program Year 2022. The Visalia Navigation Center anticipates having a 100-bed public facility to house individuals and families experiencing homelessness. The Visalia Navigation Center will follow “Housing First” practices and work closely with the local Continuum of Care for the Visalia region to house individuals and families quickly into rapid rehousing, transitional housing, and permanent housing.

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City will continue targeted outreach efforts towards unsheltered homeless persons through collaborative efforts with the Alliance Housing Navigators, Family Services, Kings View PATH Team, and Tulare County Mental Health Crisis Team. These organizations canvas the City to conduct outreach to people experiencing homelessness, and connect them to services. Client information is included in the local Homeless Management Information System (HMIS) so the outreach teams can remain apprised of client status on the housing priority list and other community referrals.

The City will also continue to support the Alliance’s outreach efforts to persons experiencing homelessness through the PIT survey completed in January. The PIT survey provides a snapshot of the adults, children in households and unaccompanied youth living in the City of Visalia who meet HUD’s definition of homelessness. Information gathered through the PIT is used to understand the causes and trends over time of homelessness, as well as to determine the unmet shelter and service needs of the homeless.

Addressing the emergency shelter and transitional housing needs of homeless persons The City is in the planning phase of developing a low-barrier Navigation Center within the City of Visalia.

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exits from homelessness using a Housing First Approach. A Housing First Approach will connect homeless individuals to permanent housing without preconditions and barriers to entry, such as sobriety, treatment, or service participation requirements. Project implementation expected to begin in Program Year 2022.

The Sequoia Village Project is a 50-unit motel that was recently acquired through California Department of Housing and Community Development Project Homekey funds to provide immediate shelter to homeless individuals in need of shelter, who are experiencing effects of COVID-19. The City is partnering with the County to rehabilitate the 50-unit motel to provide permanent supportive/affordable housing units for chronically homeless individuals. Tulare County Mental Health services will provide onsite wrap around services to ensure tenants stability.

Eden House is a 22-bed transitional/bridge facility recently opened in 2020, located at 1627 S. Garden St., Visalia, which will provide beds for residents for a period of 60-90 days (or up to a maximum period of 6 months with an approved extension), who are awaiting permanent supportive housing (PSH) or Rapid Re-Housing (RRH) placements through various funding programs. Eden's House provides extensive on-site wrap around services including mental health assistance and case management.

The Visalia Homeless Center managed by St. Paul’s Episcopal Church Rev. Suzy Ward oversees and operates a low barrier warming center within the City of Visalia each winter. The warming center is a low-barrier emergency shelter that provides 90 - 100 homeless individuals’ overnight shelter. The warming center averages 75 visitors a night from December 1st through February 28th. The City has entered into a 4-year contract agreement with Visalia Homeless Center to operate a warming Center in the City of Visalia with use of Permanent Local Housing Allocation (PLHA) funds.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
Visalia supports and collaborates with local service providers, through the Alliance, to assist homeless individuals and families. Funding priorities include supporting existing high performing housing first rapid rehousing and permanent supporting housing projects.

Funding allocations include:
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which will assist homeless or at risk of homelessness households. • Housing Successor which provides case management/supportive services and street outreach. • Family Services matching funds for case management (public services) to support the Tulare Housing First Shelter Plus Care project. This project provides case management services to 14 chronically homeless individuals who receive a permanent supportive housing. • Kings View Behavioral Health provides public services, including meals for Visalia’s homeless. • ECO program, which is a partnership that includes the Tulare County Workforce Investment Board, Caltrans, and ABLE Industries.
• Property acquisition and rehab housing projects funded through HOME funds and other city- funding pools.
• CoC and City-funded programs/projects that benefit the homeless • Special needs project and programs that serve these vulnerable subpopulations include: CSET Permanent Supportive Housing and Rapid Rehousing, Family Services Permanent Supportive Housing and Transitional Housing, Turning Point and Tulare County HHSA provide PSH projects for chronically homeless individuals and families and/or families with children. The Veterans’ Administration, in conjunction with the Housing Authority of Tulare County, operates the VASH project and Westcare operates the SSVF project that serves eligible veterans and their families.

Uplift Families operates a Transitional Housing project for transitioning age youth.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The Alliance employs a Diversion Specialist that is responsible for developing and strengthening referral sources for people at-risk of becoming homeless. Additionally, the Diversion Specialist works with clients that present at any of the Coordinated Entry points to assist in diverting clients from homelessness.

Another important component of prevention/diversion is assisting households with income supports and connections to mainstream benefits. The SSI/SSDI Outreach, Access, and Recovery (SOAR) model is designed to increase access to SSI/SSDI for eligible homeless adults who are and have a mental illness and/or a co-occurring substance use disorder. Staff from all CoC-funded agencies is required to assist clients in obtaining these mainstream benefits. Participation by these agencies provides an effective method of assisting households who may otherwise pursue homelessness assistance.

Discussion
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AP-75 Barriers to Affordable Housing – 91.220(j)
Introduction:

The City of Visalia updated the Analysis of Impediments to Fair Housing Choice (AI) in 2020. The AI describes the impediments or barriers to affordable housing. The primary barriers to affordable housing include the following:
• Lending practices
• Access to Opportunity
• Housing Discrimination
• Development of Affordable Housing
• Land use policies and practices
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City has taken actions in recent years to support residential development through changes in zoning, further streamlining permitting processes, and reducing impact fees. Visalia has made changes to residential zone districts following the City’s Housing Element update. The City increased the highest allowed multi-family density permitted by right to 15 to 35 units per acre, provided that the development does not exceed 80 units. Also, the City implemented an Affordable Housing Infill Incentive Program in 2017, which reduces Transportation Impact Fees for qualifying projects that meet the infill criteria outlined in the City’s Development Fee Schedule. In the downtown area, waivers for parking requirements have been given based on past use of the building spaces. There are multiple policies and programs in the 2020 Housing Element Update that address promoting incentives for affordable housing that include priority permit processing and modified zoning provisions. New programs in the Housing Element update, propose removing conditional use requirements for housing in certain commercial zone designations. These Housing Element Programs are organized into nine Goals categories, as follows:

1. New Construction - To provide a broad range of housing types and densities to meet the needs of all Visalia residents.

2. Mixed Use, Infill, and Downtown Development - To promote mixed use, infill, and Downtown development in Visalia.

3. Encourage Affordable Housing - To encourage construction and maintenance of affordable housing in Visalia.

4. Foreclosures - To prevent foreclosures, protect affected families, and stabilize neighborhoods impacted by foreclosures.
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5. Special Needs/Homeless- To provide a range of housing types and services to meet the needs of households with special needs within the city.

6. Housing Rehabilitation Program - To create and maintain healthy neighborhoods by improving the condition of the existing housing stock and providing for a variety of housing types, sizes, price ranges, and densities compatible with the existing character and integrity of residential neighborhoods.

7. Equal Opportunity Housing and Discrimination Prevention - To provide decent housing and a quality of living environment for all Visalia residents regardless of age, religion, race, creed, gender, sexual orientation, marital status, ancestry, national origin, disability, economic level, and other arbitrary factors.

8. Energy Conservation - To encourage energy efficiency in all new and existing housing.

9. Implementation Monitoring - To ensure that Housing Element programs are implemented on a timely basis and progress of each program is monitored and evaluated annually.

In addition to exploring new policy and regulatory changes, the City will continue its efforts to carry out the following to remove barriers to affordable housing:
• Work with non-profit developers and other public agencies that increase Visalia’s supply of affordable housing
• Work with HATC to properly inform collaborating agencies at the local, state, and federal levels of the need for affordable housing in the City
• Facilitate the construction of affordable rental housing for very low and low-income households by providing regulatory (e.g., density bonus, expedited permit processing, deferred fees, or relaxed parking requirements) and financial incentives
• Support programs that keep people housed, such as tenant-based rental assistance and rapid rehousing
• Streamline permitting process for affordable housing
• Further incentives to developers for the development of affordable housing • Incorporate educational components regarding the importance of affordable housing into community outreach
• Encourage the development of smaller, more affordable units Discussion:

See above discussion.
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AP-85 Other Actions – 91.220(k)
Introduction:

The following section provides HUD with other activities, projects, and actions the City is undertaking to reduce homelessness and housing affordability. Examples include the completion of the AI and identifying the barriers and impediments to affordable housing, supporting homeless programs, public and private solutions for affordable, annual administration of CDBG and HOME funds and attendance of city meetings and CoC meetings.

Actions planned to address obstacles to meeting underserved needs City actions planned to address obstacles are referenced within the AI and listed herein. AI, Chapter VIII:

Actions includes the plan’s goals and recommended actions to reduce the barriers to affordable housing noted in AP-75.

Actions planned to foster and maintain affordable housing The City will continue to work closely with non-profit housing and service providers to collaborate on improving the awareness and expansion of available resources to address the needs of the homeless population. Staff has addressed the affordable housing programs for this program year throughout this report. Please refer to sections AP-20, AP 35, AP-38, and AP-55.

In addition to exploring new policy and regulatory changes, the City will continue its efforts to carry out the following to remove barriers to affordable housing:
• Work with non-profit developers and other public agencies that increase Visalia’s supply of affordable housing
• Work with the Housing Authority of Tulare County to properly inform collaborating agencies at the local, state, and federal levels of the need for affordable housing in the City • Facilitate the construction of affordable rental housing for very low and low-income households by providing regulatory (e.g., density bonus, expedited permit processing, deferred fees, or relaxed parking requirements) and financial incentives
• Support programs that keep people housed, such as tenant-based rental assistance and rapid rehousing
• Streamline permitting process for affordable housing
• Further incentives to developers for the development of affordable housing • Incorporate educational components regarding the importance of affordable housing into 336

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community outreach
• Encourage the development of smaller, more affordable units Actions planned to reduce lead-based paint hazards
Approximately 40% of the City’s housing stock was built prior to 1979 therefore work performed on these buildings must be carefully monitored for the presence of lead-based paint in compliance with HUD regulation. Currently the City’ housing rehabilitation or home improvement programs and down payment assistance programs require lead-based paint inspections and/or abatement. Applicants of these programs are provided brochures informing of the health risks of lead-based paint as part of the application process. In addition, City building inspectors and Code Enforcement staff are alerted to signs of this hazard as they perform their substandard housing inspections. The City requires its Subrecipients, Developer partners and rehabilitation contractors of federally funded programs to utilize safe practices and obtain certification through a HUD certified lead testing agency.

Actions planned to reduce the number of poverty-level families The City works with its non-profit partners to reduce the number of poverty-level families. The City will also continue to provide its non-profit partners with funding to acquire, rehabilitate, and sell and rent homes or multi-family units to income-qualifying households at or below 80% AMI.

Additionally, the City has made a commitment to improve the communication and service delivery capabilities of agencies and organizations that provide programs to assist the homeless. Specifically, Staff participates in the monthly Continuum of Care (Alliance) meeting, and various homeless task groups to identify funding and opportunities to provide Visalia’s homeless population with housing and service opportunities.

The City will also continue to partner with organizations to provide services and address the full range of needs of LMI families. Although there are coordinated programs and services to reduce poverty, it is recognized that many unmet needs will remain. The City will continue to work with its partners to identify and work toward meeting those needs by strategically focusing its resources and efforts.

Actions planned to develop institutional structure
The City is a charter city and is managed under a Council-manager form of government. City Council provides policy direction to the City Manager who is responsible for administering City operations. City Council members are the leaders and policymakers elected to represent the community and concentrate on policy that addresses the citizens’ needs and wishes. The City Manager is appointed by the City Council to carry out policy and ensure that the entire community is served. The legislative body is the City Council and City Councilmembers are the community’s decision makers. Visalia voters elect a 5-member Council to serve as the City's legislative and governing body. The members represent the City 337

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and their respective Districts, serve four-year terms and they select one member to serve as mayor and one to serve as vice- mayor. A general municipal election is held every two years in November, alternating between two and three positions each cycle.

The Finance Department, Housing Division oversees and administers the day-to-day activities of the CDBG, NSP1, HOME, PLHA, RDA Successor Agency Housing (SAH) and other state and federal funded programs. Staff works together with various City departments to develop programs and activities that improve low-and moderate-income neighborhoods throughout the City. The administration of program activities includes housing, public services, public facility, park and infrastructure improvements, and economic development activities.

Interdepartmental communication and collaboration are two strengths of the delivery system. City staff from various departments works with local organizations and agencies that assist low-income households and individuals. High priority needs were identified during the Consolidated Plan’s community engagement and public review periods.

During the Consolidated Plan public review period, these priorities were established. Additionally, input is received by the community, various committees, and City Council during the feedback period in developing the annual plan. The AAP is designed to address the needs and priorities identified within the ConPlan and direct limited funding available toward the highest needs.

Actions planned to enhance coordination between public and private housing and social service agencies
The City continues to participate in monthly Continuum of Care and quarterly Tulare County Homeless Task Force community meetings to enhance coordination between housing providers, government agencies, mental health, and other key stakeholders in the City. The purpose of these ongoing meetings is to establish a network of agencies to enhance the delivery of services to the homeless, disabled individuals and families, and others seeking services.

City staff meets with public officials, City departments, HATC, residents, and agencies to develop strategies for how best to invest grant funding to address discuss priority community needs. Staff met with the Citizens Advisory Committee (CAC), which acts as a liaison between the public, and the City Council concerning community needs. The Disability Advocacy Committee (DAC) has now become a part of the CAC. Therefore, City Staff has also met with the members of the DAC through meetings held with the CAC, to be advised on the needs of disabled persons in the community.

Discussion:

See above discussions.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

In the event final CDBG and HOME program entitlement and program income is higher or lower than expected herein, the City of Visalia may add, subtract, or transfer amounts among identified projects, as noted without publishing a substantial amendment, if the amount is below 75 % change, as per the approved Citizens Participation Plan. Any difference in CDBG funding will be reflected in the public infrastructure/ADA project line item and, if needed, public services to maintain compliance with the 15% cap and Administration; any difference in HOME funding will be reflected in SHE CHDO Acq/Rehab/construct or reconstruct SF or MF projects, TBRA and if needed Administration. The three- year period (2020, 2021 & 2022) will be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 339

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HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

No other form of investment shall be used beyond those identified in Section 92.205. 2. As it relates to the HOME funded owner-occupant Programs, all beneficiaries are owner occupants. As it relates to HOME funded rental programs, beneficiaries are tenants.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

First Time Homebuyer (FTHB), funds shall be provided as a Direct HOME subsidy- gap financing, as a second mortgage to households at or below 80% of the area median income. The property will maintain an affordability covenant as referenced under 24 CFR 92.254 (a) (4). The covenant shall remain for five (5) years when less than $15,000 is provided in gap financing Direct Subsidy to the homebuyer and shall be for a ten (10) year period when more than $15,000 up to $40,000 is provided in gap financing Direct Subsidy to the homebuyer. The “Owners Participation Agreement” (Covenant) shall begin the date the Deed of Trust is recorded. The Provision for the FTHB Program shall be “Recapture Provision” as per 24 CFR 92.254 (a) (5) (ii) (A) (1). The City may recapture the entire amount of the direct HOME assistance from the homeowner. The amount to be recaptured will not exceed the amount of net proceeds available at the time the home is sold. HOME rule limits recapture to available net proceeds, therefore, if net proceeds are insufficient for the city to recapture the full amount of the Direct HOME assistance, the City will recapture only what is available from net proceeds. This applies regardless of the nature of the sale (voluntary sales including short sales, and involuntary sales including foreclosures).

The SHE-CHDO Program utilizes the “Recapture Provision”. HOME funds are invested in the acquisition, rehabilitation, and/or new construction/reconstruction and Direct Subsidy shall be up to 10% of the total HOME investment (i.e., $280,000 acq. /Rehab cost X 10% = $28,000 Direct Subsidy to homebuyer), which shall be provided as a Second Mortgage to the qualifying new homebuyer. If the property is sold below fair market value, the difference between the fair market value and the purchase price is part of the HOME subsidy and provided directly to the homebuyer as a direct subsidy. In addition, any additional subsidy provided to the homebuyer to enable them to purchase the property, which includes down payment assistance, closing costs, interest subsidies, or other HOME assistance including any assistance that reduced the purchase price from fair market value to an affordable price, shall be recaptured.

A 30- year covenant shall be recorded to maintain affordability. The SHE-CHDO Program covenant shall use the “Recapture Provision”, as referenced under 24, CFR 92.254 (a) (5) (ii) (A) (1) and shall 340

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begin the date the Deed of Trust is recorded. In the case of the homebuyer selling the home during the affordability period, the City may recapture the entire amount of the direct HOME Subsidy and the difference between the fair market value and the purchase price, if the purchase price is below the fair market value, and any additional assistance as referenced above. The amount to be recaptured will not exceed the amount of net proceeds available at the time the home is sold.

HOME rule limits recapture to available net proceeds, therefore, if net proceeds are insufficient for the city to recapture the full amount of the Direct HOME assistance, the City will recapture only what is available from net proceeds. This applies regardless of the nature of the sale (voluntary sales including short sales, and involuntary sales including foreclosures).

Note: Staff works with the City Attorney in updating legal documents to comply with the funding source and type of program(s) administered.

The FTHB, SHE-CHDO Program loan documents were reviewed in 2017 by HUD. No changes have been made to these policies. However, if HUD requests a copy for review, City Staff will again provide documents if required prior to implementing the program.

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. See 24 CFR 92.254(a)(4) are as follows:

See Recapture provisions above.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

This does not apply to Visalia. Please see discussion above.

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Appendix “A” – Summary Detail

Draft 2022 Annual Action Plan Summary Detail

Table A-1: Draft 2022 Annual Action Plan
Resources: CDBG HOME
2022 Annual Allocation $ 1,300,000 $ 507,520 2022 Program Income 50,000 200,000 Prior Year Resources 1,834,163
Total 2022 CDBG and HOME Resources $ 3,184,163 $ 707,520 Expenditures:

Administration:

Administration $ 262,500 $ 70,750 Total Administration $ 262,500 $ 70,750 Public Services:

Kings Tulare Homeless Alliance $ 20,000 $ - Family Services Voucher Program 45,000 - Kings View PATH Program 35,000 - Fair Housing Education $ 7,500 $ - Total Public Services $ 107,500 $ - Affordable Housing:

Emergency Repair and ADA Program $ 50,000 $ - Senior Mobile Home Repair Program 100,000 - Code Enforcement 150,000 - The Lofts Project - 511,770 First Time Homebuyer Program $ - $ 125,000 Total Affordable Housing $ 300,000 $ 636,770 Public Facility Improvements:

ADA Compliance Projects $ 418,958 $ - Public Infrastructure Improvements/ADA Projects 40,000 - Navigation Center $ 2,055,205 $ - Total Public Facility Improvements $ 2,514,163 $ - Total 2022 CDBG and HOME Expenditures $ 3,184,163 $ 707,520

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Table of Contents

Purpose of the Amendment ......................................................................................................................... 3 Executive Summary ....................................................................................................................................... 4 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 4 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 7 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................... 8 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 16 Expected Resources .................................................................................................................................... 20 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 20 Annual Goals and Objectives ...................................................................................................................... 24 AP-20 Annual Goals and Objectives ........................................................................................................ 24 Projects ....................................................................................................................................................... 28 AP-35 Projects – 91.220(d) ..................................................................................................................... 28 AP-38 Project Summary .......................................................................................................................... 30 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 37 Affordable Housing ..................................................................................................................................... 38 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 38 AP-60 Public Housing – 91.220(h) ........................................................................................................... 40 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 42 AP-75 Barriers to Affordable Housing – 91.220(j) .................................................................................. 45 AP-85 Other Actions – 91.220(k) ............................................................................................................ 47 Program Specific Requirements .................................................................................................................. 50 Appendix “A” – Summary Detail ................................................................................................................. 53

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Purpose of the Amendment

The Program Year (PY) 2021 Community Development Block Grant (CDBG) Annual Action Plan (AAP) Amendment unallocated $1,834,163 from the 2021 Navigation Center project and carried forward those funds to the 2022 Annual Action Plan. Those funds will remain for the development of the Navigation Center in the 2022 Annual Action Plan.

The 2021 HOME Investment Partnership Program (HOME) AAP Amendment includes an addition of $55,000 of program income, $875,334 from prior years HOME funds, and $1,840,059 in HOME Investment Partnership American Rescue Plan Program (HOME-ARP) funds for a total of $2,770,393 of additional HOME funds to the 2021 Annual Action Plan.

The 2021 HOME AAP Amendment also includes a reduction of $98,765 of HOME Admin, an allocation of $40,059 in HOME-ARP admin, an allocation of $1,029,099 to the NW 5th Ave. project, and an allocation of $1,800,000 to a HOME-ARP project as shown below in Table 1 – FY 2021 HOME Annual Action Plan Amendment.

Prior Years Funds: The 2021 HOME AAP Amendment includes $875,334 from prior year HOME funds from previously approved NW 5th Ave. project. The NW 5th Ave. project includes construction of 5 single family affordable homes on vacant lots. The NW 5th Ave. activities have been canceled in the 2019 Annual Action Plan in U.S. Department of Housing and Urban Development (HUD) Integrated Disbursement & Information System (IDIS) and will now be included in 2021 AAP Amendment.

HOME-ARP Funds: The City was awarded $1,840,059 in HOME-ARP funds, to reduce homelessness and increase housing stability. To receive funding, the City must develop and submit a HOME-ARP Allocation Plan as an amendment to the 2021 Annual Action Plan to HUD. The HOME-ARP Allocation Plan describes the distribution of HOME-ARP Allocation funds and identifies any preferences for eligible activities. The HOME-ARP Allocation Plan also identifies stakeholder consultation, and community engagement.

Table 1 - FY 2021 HOME Action Plan Amendment
Resources Approved Adjustments Proposed
2021 HOME Allocation $ 507,520 $ - $ 507,520 2021 HOME Program Income 200,000 55,000 255,000 Prior Years HOME Funds 2,365,371 875,334 3,240,704 HOME-ARP 1,840,059 1,840,059
Total Resources $ 3,072,891 $ 2,770,393 $ 5,843,283 Expenditures Approved Adjustments Proposed
HOME Admin $ 257,409 $ (98,765) $ 158,643 HOME-ARP Admin 40,059 40,059 Tenant-Based Rental Assistance 150,000 150,000 Sequoia Village Project 1,500,000 1,500,000 The Lofts Project 1,165,482 1,165,482 NW 5th Avenue Project 1,029,099 1,029,099 HOME-ARP Project 1,800,000 1,800,000 Total Expenditures $ 3,072,891 $ 2,770,393 $ 5,843,283 345

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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Visalia (City) is an entitlement jurisdiction for the Community Development Block Grant (CDBG) program and a participating jurisdiction for HOME Investment Partnerships Act Program (HOME). As a required by the U.S. Department of Housing and Urban Development (HUD), the City develops a Consolidated Plan (ConPlan) every five years to guide the use of federal CDBG and HOME funding. The 5-Year ConPlan is the guiding document for allocating these resources which support projects and programs that benefit low- and moderate-income people by increasing housing and economic opportunities, strengthening low-income neighborhoods, and addressing public service and infrastructure needs. The Annual Action Plan (AAP) is also required by HUD each year of the five-year cycle and will summarize the programs and projects that will be funded by the annual grants to achieve the goals and objectives of the ConPlan. Annual accomplishments are reported on progress toward ConPlan goals in the Consolidated Annual Performance and Evaluation Report (CAPER).

2. Summarize the objectives and outcomes identified in the Plan Our strategy for community improvement using CDBG and HOME funds will focus on five broad goals.

These goals are:
• Improve housing opportunities for low-income households through new construction, mortgage and rental assistance, senior housing, housing for the disabled, and rehabilitation of homes/mobile home.
• Provide for a suitable living environment for low-income individuals and/or areas through Tenant-based subsidies and property maintenance (Code Enforcement):
• Address community/special needs through shelters, counseling, youth services, and domestic violence services.
• Address the needs of persons who are homeless with transitional housing, permanent housing, voucher programs, and tenant-based rental assistance.
• Improve public infrastructure and facilities in the community. • Provide optimal program administration and oversight of the CDBG and HOME programs to continue planning efforts that address the needs of extremely low, very low, and low-income households and neighborhoods.

Details of our plan to meet these goals can be found in the strategies the City has identified below with the following labels:
• Increase affordable housing for LMI households in the City of Visalia 346

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• Create suitable living environments for renters/homeowners in the City of Visalia • Address community/special needs and services
• Address the needs of people experiencing homelessness • Enhance community development
• Provide efficient administration and oversight of the CDBG and HOME programs

3. Evaluation of past performance
The U. S. Department of Housing and Urban Development requires an evaluation of the City’s progress toward goals for the CDBG and HOME funds each year of the five-year ConPlan period. Over the past five-year ConPlan period, 2015 to 2019, the City has supported organizations providing services to populations in need and addressed the lack of affordable housing through partnerships with the Housing Authority, and non-profit organizations, including Self-Help Enterprises (SHE), a local low-income housing provider. The City has allocated grant funding to the following:
• Fair Housing Council of Central California (FHCCC), assisting 184 people by handling housing discrimination complaints and agency referrals, holding seminars and educational workshops, and conducting discrimination testing;
• Acquisition of the -Self Help Enterprises. Inc. (SHE) public facility for bridge/transitional housing; • Self Help Enterprises on policy development and provision of grants for the mobile home repair program, and acquisition and rehabilitation of affordable housing and rental units; • Family Services of Tulare County, providing HOME funded tenant based rental assistance and case management;
• ADA Compliance Public Improvement projects;
• Park improvements (Jefferson Park, Community Lot Garden); • Section 108 loan payments; and
• Support to providers of assistance to homeless and low-income populations.

4. Summary of Citizen Participation Process and consultation process The 2021 Annual Action Plan goals were established based on high priority needs as identified in the 2020-2024 ConPlan. The City used several community outreach methods including public meetings, two surveys, and stakeholder consultations. Efforts to reach populations underrepresented in the planning process of the ConPlan included discussions regarding the survey with various housing, social service, faith-based, and other organizations that provide services to the disabled, special needs, low income, and homeless population community. Many of the organizations that assisted in the effort to distribute the surveys posted them on their websites and sent notification to their partners and clientele. The surveys were provided in English and Spanish.

Several stakeholders were also consulted during public workshops, over the phone, and in-person at their offices. Such stakeholders included, but were not limited to, Housing providers, Health service providers, Social service providers, Organizations representing protected classes, Fair housing, Broadband internet providers, Emergency management organizations, the Citizens Advisory Committee, the Disability Advocacy Committee, and additional local and regional stakeholders. 347

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In addition, the Program Year 2021 Annual Action Plan 30-day public comment period took place from March 19, 2021 through April 19, 2021. A Public notice was published in the Visalia Times Delta on March 19, 2021 and April 2, 2021. The draft 2021 Annual Action Plan was available for review on the City's website at www.visalia.city. Public notices also sent to the Kings Tulare Homeless Alliance listserv and the City's social media channels. The City also held the following virtual community and city council meetings:
• City Council (Draft Review) on April 5, 2021 at 7:00pm • Citizens Advisory Committee (CAC) on April 7, 2021 at 5:30pm • Disability Advocacy Committee (DAC) on April 12, 2021 at 5:00pm • City Council Public Hearing (Adoption) on April 19, 2021 at 7:00pm The 2021 Action Plan Amendment and HOME-ARP Allocation Plan public comment period took place from March 18, 2022 through April 18, 2022. Public notices were published in the Visalia Times Delta on March 18, 2022 and April 1, 2022. the draft 2021 Action Plan Amendment and HOME-ARP Allocation Plan were available on the City's website at www.visalia.city. Public notices were also posted at various City offices, the Kings Tulare Homeless Alliance listserv, and the City's social media channels. The City also held the following community meeting and public hearings:
• City Council Public Hearing (Draft Review) on April 4, 2022 at 7:00pm • Citizens Advisory Committee (CAC) on April 6, 2022 at 5:30pm • City Council Public Hearing (Adoption) on April 18, 2022 at 7:00pm

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

Summary of public comments to be added following 30-day public comment period.

6. Summary of comments or views not accepted and the reasons for not accepting them All comments will be accepted and taken into consideration.

7. Summary
A summary of the full citizen participation will be added following the 30-day public comment period. 348

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency VISALIA
CDBG Administrator VISALIA Finance Department-Housing Division HOPWA Administrator N/A N/A
HOME Administrator VISALIA Finance Department- Housing Division HOPWA-C Administrator N/A N/A
Table 2 – Responsible Agencies

Narrative (optional)
The City of Visalia (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs at the City of Visalia. The City’s Finance Department, Housing Division administers the funds it receives under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs.

Consolidated Plan Public Contact Information
Margie Perez
City of Visalia – Housing Specialist
Finance Department - Housing Division
707 W. Acequia Ave., Visalia, CA 93291
Email: [email protected]
Phone: (559) 713-4460
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City has fostered a community engagement process and gathered public input on community improvements that could be addressed by utilizing federal entitlement funds. During the preparation of the 5-year ConPlan, the City facilitated a community outreach and engagement effort to further strengthen the dialogue between public and assisted housing providers and private and governmental health, mental health and service agencies that receive federal funding. Participants in the community outreach process provided feedback on what they viewed as the most pressing housing, special needs/public services, and community development needs in the City.

Specifically related to public and assisted housing providers, private and governmental health, mental health and service agencies, City staff has met with the County Homeless Task Group, a City Emergency Shelter Task Group, and the Continuum of Care (Homeless Alliance) members. Organizations represented in City priorities includes county and local government, faith-based organizations, concerned citizens, housing providers, service providers, including mental health, education, employment, and others.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
City staff met with public officials, City departments, the Housing Authority of Tulare County (HATC), residents, and agencies to develop strategies for how best to invest grant funding to address discuss priority community needs. Staff met with the Citizens Advisory Committee, which acts as a liaison between the public and the City Council concerning community needs. Also, City Staff met with the Disability Advocacy Committee, to be advised on the needs of disabled persons in the community. A focus group was held with the City’s Community Housing Development Organization (CHDO), Self-Help Enterprises, which has, in the past and present, worked collaboratively with the City of Visalia to increase the City’s supply of affordable housing.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The Kings/Tulare Homeless Alliance (Alliance) is the regional continuum of care which facilitates services through a system of homeless housing and service providers, advocates, government representatives and consumers to conduct outreach and strategies to address the needs of homeless persons and persons at risk of homelessness.
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City staff participates in regular monthly meetings of the Alliance to better understand the changing needs and challenges facing homeless populations; to coordinate strategies that ensure effective regional coordination in helping homeless individuals and families reach maximum self-sufficiency.

The City of Visalia supports the Alliance by providing grant funding for the yearly Point In Time Homeless Census and counts, the Project Homeless Connect events, as well as continued administration of the HUD Homeless Management Information System (HMIS).

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Not applicable. The City does not receive ESG funding.

2. Describe Agencies, groups, organizations, and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Representatives of the following agencies, groups, and organizations contributed to the narratives and data include in the Consolidated Plan and Action Plan preparation are listed in Table 2 on the following page.

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Table 3 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Kings/Tulare Homeless Alliance Agency/Group/Organization Type Housing
Services-Persons with Disabilities
Services-homeless
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Market Analysis
Anti-poverty Strategy
Action Plan
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Consultation provided information; Continued partnership/collaboration through CoC meetings. Survey feedback presented the ConPlan High priority needs, 2021 Action Plan through the listserv members who represent all the types of organizations listed above including service providers, and community stakeholders. The Continuum of Care, and Homeless Task Group meetings and feedback relate to the need for homeless housing. CDBG funding would assist KTHA to further meet the needs of the chronically homeless community. 2 Agency/Group/Organization Housing Authority of Tulare County Agency/Group/Organization Type PHA
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
HATC provided input through the survey, recommending that the city make more funding available for the acquisition and rehabilitation of more affordable housing. HATC was also consulted in preparation of the ConPlan and 2021 AAP.
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3 Agency/Group/Organization Self-Help Enterprises
Agency/Group/Organization Type Housing
Services - Housing
Services-Education
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Lead-based Paint Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan, which helped in prioritizing the City's housing and community needs. 4 Agency/Group/Organization Tulare County Health and Human Services Agency Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-homeless
Services-Health
Health Agency
Child Welfare Agency
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
5 Agency/Group/Organization United Way of Tulare County Agency/Group/Organization Type Services - Housing
Regional organization
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
6 Agency/Group/Organization Family Services of Tulare County Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
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7 Agency/Group/Organization Kings View Corporation
Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services - Victims
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
8 Agency/Group/Organization Citizens Advisory Committee Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan. A community meeting was also conducted on April 7, 2021 to review the draft 2021 Annual Action Plan. A community meeting was also conducted on April 6, 2022 to review the drat 2021 AAP Amendment. 9 Agency/Group/Organization Disability Advocacy Committee Agency/Group/Organization Type Other government - Local 355

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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Anti-poverty Strategy
Disabled Community
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan. A community meeting was also conducted on April 12, 2021 to review the draft 2021 Annual Action Plan. The DAC provided input on the needs of the disabled community.

Identify any Agency Types not consulted and provide rationale for not consulting The City reached out to several different agencies, groups, and organizations and invited them to participate in the preparation of the 5-year Consolidated Plan goals. They were contacted via email and provided with a stakeholder flyer that included information on the community forums and public hearings. The City asked these groups to forward this information to their colleagues and mailing lists. They were also encouraged to complete the community needs survey and to share the survey link with community stakeholders. The City also published public notices in the Visalia Times Delta, the City website, and the City's social media outlets.

The types of additional agencies were businesses, educational services, groups and organizations, employment service providers, fair housing services, health service and domestic violence service providers, service providers for children and elderly persons, other advisory, veterans and concerned citizens, as well as faith-based organizations. The following additional providers were sent notice and information via-email encouraging feedback on preparing the Action Plan activities form:
• Businesses: Downtown Visalians, Hispanic and Visalia Chamber of Commerce, Tulare County Economic Development, and Commercial Retail Associates.

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Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Kings Tulare
Homeless Alliance
The City aligns the plan with the Strategic Plan goal to support activities that assist the prevention of homelessness.

City of Visalia Fair
Housing Rental
Assessment
City of Visalia and
Fair Housing Council
of Central California
The Fair Housing Council Fair Housing Rental Assessment is based upon systemic paired testing of the rental housing market to form the basis of plans to counteract discriminatory practices in the rental housing market with the City.

City of Visalia
General Plan Housing
Element, 2019
City of Visalia
The Housing Element assesses the need for housing for all levels of income and establishes policies to meet those needs. The Strategic Plan goals support the implementation of the Housing Element by w orking to construct and rehabilitate new and existing affordable housing units.

Tulare County Multi-
Jurisdictional Local
Hazard Mi
County of Tulare Development, as related to the Consolidated Plan, that occurs shall be primarily in the areas where environmental hazards can be properly mitigated.

Table 4 – Other local / regional / federal planning efforts

Narrative (optional)
None.
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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation summarize citizen participation process and how it impacted goal setting
The 2021 Annual Action Plan goals were established based on highest priority needs identified during the 2020-2024 Community Needs Assessment. Outreach efforts were made to the public, faith-based organizations, educational institutions, housing services, and health and social service organizations (including organizations providing services to homeless persons and families, persons with HIV/AIDS, victims of domestic violence, senior citizens, and extremely low to low-income populations). Based upon the input received by the community and council, high priorities were identified as homeless services, fair housing, emergency & ADA home repairs, mobile home repairs, code enforcement, ADA improvements, a low-barrier homeless shelter, affordable housing, and tenant-based rental assistance.

The 2021 Action Plan 30-day public comment period seeking community input was held from March 19, 2021 through April 19, 2021. The draft 2021 Action Plan was available for review on the City's website at www.visalia.city. The City took several steps to seek community input on the draft 2021 Action Plan, by publishing a English and Spanish public notice in the Visalia Times Delta on March 19th and April 2nd, 2021, City's social media outlets, and the Kings Tulare Homeless Alliance listserv. The following community meetings and public hearings were held:
• City Council Meeting on April 5, 2021 at 7:00pm
• Citizens Advisory Committee on April 7, 2021 at 5:30pm • Disability Advocacy Committee on April 12, 2021 at 5:00pm • City Council Public Hearing on April 19, 2021 at 7:00pm The draft 2021 Annual Action Plan (AAP) Amendment and HOME-ARP Allocation Plan public comment period was held from March 18, 2022 through April 18, 2022. The draft 2021 AAP Amendment and HOME-ARP Allocation Plan were available on the City's website at www.visalia.city. The City took several steps to seek community input on the draft 2021 Action Plan Amendment, by publishing English and Spanish public notice in the Visalia Times Delta on March 18 and April 18, 2022, City's social media outlets, and the Kings Tulare Homeless Alliance listserv. The following meetings were also held:
• Public Hearing - Review Draft on April 4, 2022 at 7:00pm • Citizens Advisory Committee on April 6, 2022 at 5:30pm • Public Hearing - Adoption on April 18, 2022, at 700pm 358

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Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
Comments
received
Summary of
comments not
accepted and reasons URL (If applicable)
1 Newspaper Ad Non-targeted/broad
community
English/Spanish public notice
published in the Visalia Times
Delta on 3/19/21 & 4/2/21.

See
Attachment
A: Citizen
Participation
N/A
2 Internet
Outreach
Non-targeted/broad
community
English/Spanish public notice and
draft 2021 AAP were available on
the City's website from 3/19/21 -
4/19/21.

See
Attachment
A: Citizen
Participation
N/A www.visalia.city
3 Internet
Outreach
Non-targeted/broad
community
City social media posts on City's
Facebook, Instagram, and Twitter
pages.

See
Attachment
A: Citizen
Participation
N/A
4 Other: City
News Item
Non-targeted/broad
community
A news article was included in the
City of Visalia newsletter and City
news page.

See
Attachment
A: Citizen
Participation
N/A
5 Other: Public
Notices
Non-targeted/broad
community
Public notices posted at the
following city sites: City Hall,
Community Development
Department, Admin Office, &
Visalia Transit from 3/19/21 -
4/19/21.

See
Attachment
A: Citizen
Participation
N/A
6 Listserv Notice Non-targeted/broad
community
Approximately 330 receipts were
notified on the Kings Tulare
Homeless Alliance listserv notice.

See
Attachment
A: Citizen
Participation
N/A
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
Comments
received
Summary of
comments not
accepted and reasons URL (If applicable)
7 Public Hearing Non-targeted/broad
community
City council meeting to review
draft 2021 Action Plan and obtain
public comment was held on
4/5/21.

See
Attachment
A: Citizen
Participation
N/A
8 Public
Meeting
Non-targeted/broad
community
Citizens Advisory Committee
community meeting to review
draft and obtain public comment
was held on 4/7/21.

See
Attachment
A: Citizen
Participation
N/A
9 Public
Meeting
Persons with
disabilities
Disability Advocacy Committee
community meeting to review
draft and obtain public comment
was held on 4/12/21.

See
Attachment
A: Citizen
Participation
N/A
10 Public Hearing Non-targeted/broad
community
Public hearing to approve the 2021
Action Plan and authorize
submission of the plan to HUD
held on 4/19/21.

See
Attachment
A: Citizen
Participation
N/A
11 Newspaper Ad Non-targeted/broad
community
English/Spanish public notice
published in the Visalia Times
Delta on 3/18/22 & 4/1/22.

Comments to
be added. N/A
12 Internet
Outreach
Non-targeted/broad
community
English/Spanish public notice and
draft 2021 AAP were available on
the City's website from 3/18/22 -
4/18/22.

Comments to
be added. N/A www.visalia.city
13 Internet
Outreach
Non-targeted/broad
community
City social media posts on City's
Facebook, Instagram, and Twitter
pages.

Comments to
be added. N/A
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
Comments
received
Summary of
comments not
accepted and reasons URL (If applicable)
14 Other: Public
Notices
Non-targeted/broad
community
Public notices posted at the
following city sites: City Hall,
Community Development
Department, Admin Office, &
Visalia Transit from 3/18/22 -
4/18/22.

Comments to
be added. N/A
15 Listserv Notice Non-targeted/broad
community
Approximately 330 receipts were
notified on the Kings Tulare
Homeless Alliance listserv notice.

Comments to
be added. N/A
16 Public Hearing Non-targeted/broad
community
City council meeting to review
draft 2021 Action Plan
Amendment and HOME-ARP
Allocation Plan to obtain public
comment was held on 4/4/22.

Comments to
be added N/A
17 Public
Meeting
Non-targeted/broad
community
Citizens Advisory Committee
community meeting to review
draft and obtain public comment
was held on 4/6/22.

Comments to
be added. N/A
18 Public Hearing Non-targeted/broad
community
Public hearing to approve the 2021
Action Plan Amendment and
HOME-ARP Allocation Plan
authorize submission of the plan
to HUD held on 4/18/22.

Comments to
be added. N/A
Table 5 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
For Program Year (PY) 2021, the CDBG estimated budget consists of $1,270,232 in entitlement funds, $50,000 in estimated program income, and $1,432,314 in prior year grant funds for a total budget of $2,752,546. The PY 2021, the HOME estimated budget consists of $507,520 in HOME funds, $200,000 in estimated program income, and $2,492,665 in prior year resources ($1,663,969 in prior grant funds and $701,401 in prior program income) or a total of $3,072,891. The City currently does not have an Emergency Solutions Grant (ESG) or Housing Opportunities for Persons with AIDS (HOPWA) grant. The Expected Amount Available Remainder of ConPlan is the first year 2020 grant allocation multiplied by 4 years to equal total remainder of ConPlan in program year 2020. Each program year the Expected Amount Available Remainder of ConPlan is subtracted by the current grant allocation.

the 2021 HOME Annual Action Plan (AAP) Amendment includes the addition of $55,000 of 2021 HOME program income, $875,334 from prior years HOME Investment Partnership Program (HOME) funds, and $1,840,059 in HOME Investment Partnership American Rescue Plan Program (HOME-ARP) funds for a total of $2,770,393 of additional HOME funds to the 2021 HOME resources as shown below in Table 6 - Expected Resources – Priority Table.

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Anticipated Resources
Program
Source
of
Funds Uses of Funds
Expected Amount Available Year 2 Expected
Amount
Available
Remainder
of ConPlan
$ Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG Public
Federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
$1,270,232 $50,000 $1,432,314 $2,752,546 $3,950,992 Program Year 2021, $1,270,232 CDBG entitlement funds, estimated $50,000 in
program income, and any unencumbered
funds from prior year(s) resources will be
allocated to CDBG activities.

HOME Public
Federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction for
ownership
TBRA
$2,347,579 $255,000 $3,240,704 $5,843,283 $2,433,708 Program Year 2021, the City allocation is $507,520 in HOME entitlement funds,
$200,000 in estimated program income and
$2,365,371 in prior years grant and program
income funds. The 2021 AAP Amendment
includes $1,840,059 in HOME-ARP funds
under the HOME annual allocation, additional
$55,000 in program income, and additional
$875,334 in prior year resources for a total of
$5,843,283 FY 2021 HOME resources.

Table 6 - Expected Resources – Priority Table
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Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied
The City leverages both federal and local housing funds by supporting non-profit organizations that develop affordable housing. The City, or its partners, provides matching funds for housing related services to several programs, which includes the following:
• SHE-CHDO Scattered Single Family Acquisition/Rehabilitation/Resale. Scattered Site Acquisition, Rehabilitation and Resale of Single- Family Property Program will be administered and operated through the City’s certified Non-Profit, designated Community Housing Development Organization (CHDO), currently Self-Help Enterprises (SHE). • SHE-CHDO Scattered Multi-Family Site Acquisition/Rehabilitation/Rent. For example, the Lofts Project is the development of an 81-unit multi-family affordable housing complex that is budgeted above $25 million. HOME funds will be leverage with the various other funding sources, such as, No Place Like HOME Program (NPLH), Multifamily Housing Program (MHP), and the Infill Infrastructure Grant (IIG). • Voucher Program – used as a match to received Tulare Housing First grants to provide permeant supportive housing vouchers. • First-Time Homebuyers Program – leveraged with private first position loans to assist First-Time Homebuyers purchase a home.

Below is a list of potential financial resources considered a part of the City’s overall financial plan to address priority needs and specific objectives identified in the Consolidated Plan.
• Housing Authority of Tulare County (HATC) a public housing authority with jurisdiction within the City and the County. • Low-Income Housing Tax Credit Program (LIHTC): The LIHTC program provides federal and state tax credits for private developers and investors who agree to set aside all or an established percentage of their rental units for low-income households for no less than 30 years.
• Multi-Family Housing Program: If California’s Housing and Community Development Department awards Multi-Family Housing Program loans to assist rental housing developments affordable to low-income households in the City, the City will assist the developers with identifying local funding.
• The City will also be receiving on an annual basis, Permanent Local Housing Allocation (PLHA) funding which will assist with matching requirements.
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Visalia does not currently own any land considered viable for the needs and uses identified in the plan. However, there is no shortage or available land for these purposes, as discussed below.

Discussion
The Regional Housing Needs Assessment (RHNA) is part of a statewide mandate to address housing issues that are related to future growth in a region. State housing element law assigns the responsibility for preparing the RHNA for the Tulare County region to the Tulare County Association of Governments (TCAG). TCAG, and other California councils of governments (COGs), undertake the RHNA process prior to each housing element cycle. The current RHNA is for the six-housing element cycle and covers a 9.75- year projection period from January 1, 2014 to September 30, 2023. The City of Visalia has conducted an analysis and concludes that Visalia has adequate sites to accommodate its RHNA allocation for Extremely Low, Very Low, and Low-Income categories.

The City Planning Department lists lands available for development in its sites inventory list. However, it is undetermined as to who will develop and when development will occur. A comparison of Regional Housing Need and Residential sites is listed in Table 1-41 from the Draft Housing Element. The City approved 2,835 units between 2014 and 2018, consisting of 2,486 single-family units and 400 multi- family units (see SP-05 attachment - Regional Housing Need and Sites Inventory). If constructed, there would be a surplus of units for extremely low income: 210 units, low income: 514 units, moderate income: 675 units, and above moderate income: 3,232 units. 365

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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area
Needs
Addressed Funding Goal Outcome Indicator
1 Increase
affordable
housing
2020 2025 Affordable
Housing
Citywide Affordable
Housing
HOME:
$3,694,581
HOME-ARP:
$1,800,000
Rental units constructed: 22 Household
Housing Unit
Homeowner Housing Added: 5 Household
Housing Unit
Rental units rehabilitated: 50 Household
Housing Unit
2 Create
suitable living
environment
2020 2025 Affordable
Housing
Citywide
LMI Tracts
Affordable
Housing
Neighborhood
Preservation
CDBG:
$300,000
HOME:
$150,000
Homeowner Housing Rehabilitated: 15
Household Housing Unit
Tenant-based rental assistance / Rapid
Rehousing: 16 Households Assisted
Housing Code Enforcement/Foreclosed
Property Care: 200 Household Housing Unit
3 Address
community/
special needs
services
2020 2025 Homeless
Non-
Homeless
Special Needs
Citywide Shelter and
counseling for
the homeless
Public Services
CDBG: $82,500 Public service activities for Low/Moderate Income Housing Benefit: 70 Households
Assisted
4 Address
homeless
needs
2020 2025 Homeless Citywide Shelter and
counseling for
the homeless
Public Services
CDBG: $65,000 Public service activities other than
Low/Moderate Income Housing Benefit:
400 Persons Assisted
Public service activities for Low/Moderate
Income Housing Benefit: 14 Households
Assisted
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Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area
Needs
Addressed Funding Goal Outcome Indicator
5 Enhance
community
development
2020 2025 Non-Housing
Community
Development
LMI Tracts Improve
Community and
Public Facilities
CDBG:
$1,934,163
Public Facility or Infrastructure Activities
other than Low/Moderate Income Housing
Benefit: 50 Persons Assisted
Overnight/Emergency Shelter/Transitional
Housing Beds added: 100 Beds
6 Program and
planning
administration
2020 2025 Program
administration
funds
Citywide Community
Development
CDBG:
$264,046
HOME:
$158,643
HOME-ARP:
$40,059
Other: 1 Other
Table 7 – Goals Summary

Goal Descriptions
1 Goal Name Increase affordable housing
Goal Description Increase the amount of affordable housing stock in the City of Visalia with the construction of 80 units, of which 11 new LMI multi-family rental units will be HOME funded on a property located at 300 E. Oak Avenue.

To rehab an existing motel to 50 permanent supportive housing units. Construction 5 single family homes on NW 5th Avenue. HOME-ARP funds expects to develop at least 11 permanent affordable rental units. 367

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2 Goal Name Create suitable living environment
Goal Description Code enforcement inspection services for an estimated 200 units within deteriorated or deteriorating low-moderate income eligible areas to arrest the decline of the area. An Emergency Repair and Accessibility Program and Owner-Occupied Senior Mobile Home Program. HOME funded Tenant-Based Rental Assistance (TBRA).
3 Goal Name Address community/special needs services
Goal Description Provide vital public services which include homeless case management, homeless outreach services, homeless prevention mortgage/rental and utilities assistance, and fair housing.
4 Goal Name Address homeless needs
Goal Description CDBG funds will be provided for annual Point-In-Time counts, project homeless connect and voucher match case management
5 Goal Name Enhance community development
Goal Description Improve Visalia community facilities and infrastructure. The location of such facilities will be determined however, improvements will be made in designated LMI tracts in the City.
6 Goal Name Program and planning administration
Goal Description Fund planning and administration activities by City staff to administer the CDBG, HOME, and HOME-ARP Program funds.

Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b)
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The City anticipates to provide 61 affordable housing units to extremely low-income, low-income, and moderate-income families through the Lofts Project (11-units) and the Sequoia Village Project (50-units). 5 single family homes will be constructed on NW 5th Avenue and N. Court to provide 5 first time homebuyer 3-bedroom and 4-bedroom homes to qualifying households. It is also anticipated that the HOME-ARP funds will provide at-least 11 additional affordable rental housing units to qualifying populations. 369

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Projects
AP-35 Projects – 91.220(d)
Introduction
Program Year 2021 CDBG and HOME Projects were established based on the high priority needs identified in the 2020-2024 Consolidated Plan Needs Assessment and Strategic Plan. The Consolidated Plan goals below address the high priority needs and serve as the foundation for strategic actions the City will undertake. These goals are based on the ConPlan’s Needs Assessment and Housing Market Analysis sections as well as community outreach conducted:
• Increase affordable housing
• Create suitable living environment
• Address community/special need services
• Address homeless needs
• Enhance community development
• Program planning & administration
The City's PY 2021 CDBG budget consists of $1,270,232 in CDBG grant funds; $50,000 in estimated program income; and $1,432,314 in prior year funds. The City's PY 2021 HOME budget comprises of $507,520 in HOME funds; an estimated $200,000 in program income; and $2,365,371 in prior year funds. Any increase or decrease of 2021 CDBG program income will be directed toward the CDBG ADA improvement projects. Any increase or decrease of Program Year 2021 HOME grant and/or program income will be directed toward The Lofts Project.