Agenda packet — Visalia City Council, June 6, 2022 (part 2 of 2)

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY sha ll pay not more than the following amoun t as t otal compensation under this Agreement, unless otherwise agreed in wr iting. Such sum shall b e expended and paid by CITY on a reimbursement basis for serv ices actually performed based on invoic es, receipts, tim e sheets and similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices shall be firm an d fixed for twelve ( 12) months from the annual anniversary date of t he agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be th e responsibility of the con tractor to request a price adjus tment and to provide all documentation necessary to support thi s request. The request for price ad justment must be submitted to the Project Manager wi thin the thirty (30) calendar day period prior to the annual anniversary date of the agreement as specified in General Conditions of RFB-21-22-39.

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

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

CONTRACTOR

Dated: ___________________ By: ___________________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in th e capa city I have state d, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA

Dated: ____________________ By: ___________________________________________________________ City Manager

Dated: ____________________ By: ___________________________________________________________ City Attorney

Dated: ____________________ By: ___________________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By: ___________________________________________________________ City of Visalia Project Manager
Total Compensation: $
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for completed work 282
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Exhibit “C”
Attachment 1

GENERAL CONTRACT PROVISIONS

A. Successors and Assigns : T his Agreement shall be binding upo n and shall inure to the benefit of any successors to or assigns of the parties.

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

C. Notices: Notice shall be suff icient hereunder if personally served upon the City Clerk of the CITY or an officer or pri ncipal of the CONTRACTOR, o r if sent via the United States Po stal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________

D. Independent Contractor : It is understood and agreed by the parties h erein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This A greement shall be ad ministered and interpreted under the l aws of the State of California. Jurisdiction of lit igation arising from this Agreement sh all be in California. Any a ction brought to interpret or enf orce this Agreement, or any of the terms or con ditions hereof, shal l be brought i n Tulare County, California. The CONTRACTOR hereby expressly waives any rig ht to remove any action to a county other than Tulare County as permitted pursuant to Section 394 o f the California Code of Civil Procedure.

F. Integration/Modification: This Agreem ent an d each of the docu ments and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to thos e matters contained herein. N o prior oral or w ritten understanding shall be of any force or effect with respect to those matters covered hereunder.

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

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

H. Indemnification: The CONTR ACTOR waives any and all claims an d recourse against the CITY, including the right of contribution of loss or damage to person or property ari sing from, growing out of, or in a ny w ay connected with or in cidental to the CONTRACTOR’s performance of this Agre ement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or emp loyees. The CONTRACTOR will ind emnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, de mands, damages, costs, expenses, or liabil ity arising ou t of the CONTRACTOR’s performance of this Agreement except for liability ari sing out of the concurrent or so le negligence of the CITY or its officers, agents, or employees.

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

K. Firearms Prohibited : Guns may not be carried by contracto rs /ve ndors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendo r/consultant is caught carrying a gun, without City permission, their contract will be terminated.

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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions ther eof), shall obtain and maintain at a minimum compliance with all of the f ollowing insur ance c overage(s) a nd requirem ents. Such insurance coverage shall be primary coverage as respects CITY and a ny insurance or self -insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRAC TOR utilizes one or more subcontractors in the performance of this Agreement, C ONTRACTOR shall obtain and maintai n independent insurance as to each subcontractor or otherw ise p rovide evidence o f insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.

3. Types of Insurance an d Minimum Limits . The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:

a. Worker’s Compensatio n written in accor dance with the laws of the State of California providing coverage for any and all employee s of CONTRACTOR in the minimum sta tutorily required coverage amounts.

b. Automobile Liability Insurance for each of CONTRACTOR’s vehicle s used in the performance of thi s Agreement , including owned, non -owned (e.g. owned by CONTRACTOR’s employees or contracto rs), leased or hired vehicles, in the minimum amount of $1,00 0,000 combined single limit per occurrence for bodily injury and property damage.

c. Comprehensive or Com mercial Gen eral Liability Insurance coverage in the minimu m amount of $1,000,000 combined single limit, including coverage for:

(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insura nce coverage required in th is Agreement is provided on a “Claims M ade” rather than “Occurrence” form, CONTRACTOR agrees to m aintain the required coverage for a period of three (3) years after t he expiration of this Agreement (hereinafter “post agreement co verage”) and any extensions thereof. CONTRACTOR may maintain the required post agreemen t coverage by renewal or purchase of prior acts or tail co verage. This provis ion is conting ent upon post agreement coverage being both available and reasonably afforda ble in relation to the coverage provided during the term of this A greement. For purpose s of interpreting this requirement, a cost not exceeding 1 00% of the last annu al policy prem ium during the term of this A greement in order to purchase prior acts or tai l c overage for post agreeme nt coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:

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a. The City of Visalia, its off icers, agents, employees, r epresentatives, and volunteers are added as additional insure ds as respects operations and activi ties of, or on behalf of the named insured, performed under contract with the City of Visalia.

b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.

c. This insu rance shall not be can celed, limited in sc ope or coverag e, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, C ity of Visalia, 707 W. Acequia, Visalia, CA, 93291.

6. Proof of Coverage.

CONTRACTOR agrees to p rovide its insurance b roker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of th is Agreement with Certificate(s) of Insurance for all required cov erages. Copies of all the required Endorsements shall be attached to the Certif icate(s) of Insurance or other evi dence of insurance acceptable to the City of Visalia, which shall be provide d by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia a t the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
[email protected]

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0209 Agenda Date: 6/6/2022 Agenda #: 6.

Agenda Item Wording:

Authorize the City Manager to accept and appropriate $7,829,352 in funds awarded form the State of California Natural Resources Agency, Proposition 68 Statewide Park Development and Community Revitalization Grant and appropriate $51,000 from the Parks Impact Fee Fund (211).

Deadline for Action: 6/6/2022
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Cody McLaughlin, Assistant Engineer, [email protected], 713-4595 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Laurissa Roggenkamp, Recreation Manager, [email protected], 713-4540
Alvin Dias, Parks and Facilities Manager, [email protected], 713-4540 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that the City Council authorize the following:

1. Authorize the City Manager to accept and appropriate $7,829,352 in funds awarded form the State of California Natural Resources Agency, Proposition 68 Statewide Park Development and Community Revitalization Grant; and

2. Authorize the appropriation of $51,000 for staff indirect costs from the Parks Impact Fee Fund.

Background Discussion:

In January 2021, the California Natural Resources Agency released the final guide and application for the Proposition 68 Statewide Park Development and Community Revitalization Grant Program. The purpose of this grant is to create new parks and recreation opportunities in underserved communities across California.

In March 2021 council approved Resolution 2021-06, authorizing staff to submit a Proposition 68 grant proposal/application and execute the grant agreement if awarded. The grant program did not have a minimum award amount, the maximum award amount was $8 million per project with no match funds required. The City submitted the Proposition 68 grant proposal for an new inclusive park project planned to be located on Oak Street between Burke Street and the Imagine U children’s museum facility.

In February 2022 the City of Visalia was selected as a grant awardee and awarded $7,829,352 for the new inclusive park project. The new inclusive park will be the first inclusive park in the City of Visalia City Council Printed on 6/3/2022Page 1 of 3
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the new inclusive park project. The new inclusive park will be the first inclusive park in the City of Visalia. The goal of this inclusive park will be to provide a new park/playground that is inclusive and benefitting to the community of a wide range of disadvantages and special needs.

Staff is preparing to procure for consultant design services, upon appropriation staff will move to procure and secure a design consultant for the project. Staff will work with the design consultant to refine the project deliverables and amenities. Staff anticipates vetting the project’sdesign at key milestones to follow a public outreach process and coordination with groups such as Tulare County office of Education and the Creative Center as well as through the City’s Park and Recreation Commission. Staff will coordinate the final design concept options with City Council with the intent for a final concept to be selected. Through this coordination staff will work with the design consultant to prepare a final design and construction documents.

Below is a preliminary project schedule. Given the grant identified components of the park and the preliminary schedule, staff is concerned in meeting the associated deadlines. Factors that staff is accounting for as possible impacts to schedule include outreach and coordination to provide the best suited deliverables within the project scope, environmental review, and coordination with the railroad company. Previous staff assembled the applications preliminary schedule, at this time current staff plans to maintain the presented schedule but through the design phase may reevaluate the schedule for possible adjustments.

Design Development: Fall 2022
Finalize Design: Fall 2023
Begin Construction: Early 2024
Construction Completion: Late 2024
Project Completion: Spring 2025
Grant Completion Date: June 2025
Fiscal Impact:

The city was awarded $7,829,352 toward development of the inclusive park project. There are no match funds required in the award of this grant.

However, the grant does not reimburse for various ineligible development costs such as staff indirect costs, costs incurred before or after the grant performance period, and development to fulfill any mitigation requirements. Project Management costs are estimated as a percentage of the estimated cost of construction. For this project, project management costs were estimated at 2.6% of the estimated cost of construction totaling $170,000. There is a 30% indirect staff costs associated with the direct staff costs. The 30% indirect costs of the $170,000 project management staff costs is $51,000. This $51,000 of indirect staff costs are ineligible development costs and are not grant reimbursable. Therefore, Staff recommends $51,000 be appropriated from the Parks (211) Fund to cover costs not eligible for grant reimbursement.

The project budget summary below is based on a concept level construction estimate prepared and included with the grant application. Soft Costs have been determined based upon a percentage of construction. This budget will evolve and be further refined as staff progresses through design. The preliminary project budget is as follows:

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Grant Award Parks Fund 211 Total Cost
Project Management (Staff) $119,000 $51,000 $170,000
Design Consultant $763,525
Construction Surveying $52,000
Construction Inspections $85,000
Construction Management $251,000
Geotechnical Testing $52,000
Construction Cost $6,506,827
Total Project Cost $7,829,352 $51,000.00 $7,880,352
Grant Award Amount $7,829,352
The project scope and budget will be further refined through the design phase of the project once a design consultant has been procured.

Prior Council Action:

March 01, 2021
Adopted resolution 2021-06, authorizing staff to submit a Proposition 68 grant proposal.

Other:

NA
Alternatives:

NA
Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to accept and appropriate $7,829,352 in funds awarded form the State of California Natural Resources Agency, Proposition 68 Statewide Park Development and Community Revitalization Grant and appropriate $51,000 for staff indirect costs from the Parks Impact Fee Fund.

Environmental Assessment Status:

NA
CEQA Review:

TBD
Attachments:

Council Approved Staff Report 03-1-21
Adopted Resolution 2021-06
Project Location Map
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E School Ave
E Main St
E Center Ave
Alley
N Burke St
N Liberty St
E Oak Ave
E School Ct
N Tipton St
E School Ave
E Center Ave
E Main St E Main St
E Center Ave E Center Ave
N Burke St
E Main St
N Tipton St

MILL CREEK
Proposed Site for Interactive Playground
¯February 24, 2021City of Visalia
Legend
Waterways
Proposes Park
Proposed Park Site
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0210 Agenda Date: 6/6/2022 Agenda #: 7.

Agenda Item Wording:

Authorize the City Manager to award Request for Bids (RFB) 21-22-37, an annual contract for the supply of polymer for the Water Reclamation Facility (WRF) to Polydyne, Inc. of Riceboro, GA. for a not to exceed annual amount of $1,000,000.

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

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

Staff recommends the City Manager award an annual contract for the supply of polymer for the Water Reclamation Facility (WRF) to Polydyne, Inc. of Riceboro, GA. The contract value is not to exceed $1,000,000 per year and may be renewed annually for four (4) consecutive, one (1) year periods upon mutually agreed upon terms. There is a potential for an annual CPI increase included in the contract.

Background Discussion:

The Water Reclamation Facility (WRF) utilizes polymer as a flocculating agent to enhance the two aspects of the solids handling process. Flocculation is the process where solids form larger clusters, or flocs, to be removed from water. First, polymer is added as a thickening agent prior to anaerobic digestion. This significantly reduces the volume of water pumped to the digesters, thereby enhancing their performance. Second, polymer is added after the anaerobic digestion, and before the screw press to help remove additional water prior to the sludge drying process.

The current contract for polymer had reached the five (5) year limit, therefore re-bidding the contract was required. On April 27, 2022, one (1) bid was received by Purchasing, from Polydyne, Inc. for $970,965. The bid amount is based on current usage, therefore the not to exceed amount is above the bid amount to cover any increases that may occur. As Polydyne, Inc. has been the supplier of polymer to the WRF for more than 10 years, it is not a common product and therefore difficult to receive multiple qualified bid, therefore it is staff’s recommendation they be awarded the contract.

Fiscal Impact:

Funding for this material is budgeted within the Wastewater Treatment Plant Enterprise Fund (431) operating budget.

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Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award an annual contract for the supply of polymer for the Water Reclamation Facility (WRF) to Polydyne, Inc. of Riceboro, GA. The contract value is not to exceed $1,000,000 per year and may be renewed annually for four (4) consecutive, one (1) year periods upon mutually agreed upon terms.

Attachments:

RFB 21-22-37
RFB 21-22-37 Bid Results
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CITY OF VISALIA
REQUEST FOR BID (“RFB”)

RFB NO. 21-22-37

ANNUAL CONTRACT

SUPPLY & DELIVERY OF POLYMER
(WATER CONSERVATION PLANT)

BIDS DUE NO LATER THAN 1:00 PM ON THURSDAY, APRIL 14, 2022

The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, i n t he ex ercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. R esponses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

Advertisement Dates: March 17, 2022
March 23, 2022
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2 TABLE OF CONTENTS

I. DEFINITIONS ................................................................................................. 3

II. INTRODUCTION .............................................................................................. 3

III. INSTRUCTIONS .............................................................................................. 3

IV. SCOPE OF SERVICES/PROJECT .................................................................... 4

V. PRE-BID AND CONTRACT MEETINGS ............................................................. 4

VI. BID OPENING AND CONFIDENTIALITY ........................................................... 4

VII. AWARD ........................................................................................................... 5

VIII. PROTESTS/APPEALS ..................................................................................... 5

IX. SPECIAL CONDITIONS .................................................................................... 5

X. GENERAL CONDITIONS .................................................................................. 6

XI. POST AWARD RESPONSIBILITIES .................................................................. 9

EXHIBITS
A. BID FORM

B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Equal Employment Opportunity Compliance Certificate B-2. Non-Collusion Affidavit
B-3. Worker’s Compensation Insurance Certificate
B-4. Ownership Disclosure
B-5. Drug-Free Workplace Certificate

C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1- GENERAL CONTRACT PROVISIONS
ATTACHMENT 2- INSURANCE REQUIREMENTS

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3 I. DEFINITIONS

For the purposes of RFB NO. 21-22-37, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFB” means Request for Bid No. 21-22-37.

II. INTRODUCTION

The City of Visalia Purchasing Division is soliciting Bids for an annual contract for the supply and delivery of Polymer to the Water Conservation Plant.

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

Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

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

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

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

III. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

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

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

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291

From: Bidders Name & Mailing Address

Marked: Annual Contract for Supply & Delivery of Polymer RFB NO. 21-22-37

4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms. 299
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4 5. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be inspected and obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334.

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

Questions regarding this RFB are due no later than Friday, April 8, 2022.

IV. SCOPE OF SERVICES/PROJECT

Contractor shall be responsible for provi ding polymer in tot e and b ulk to the City of Visalia Water Conservation Plant (WCP) located at 7579 Avenue 288 in Visalia, CA . The WCP currently uses Clarifloc WE1709 at the gravity thickener process and Clarifloc C6262 at the dewatering process.

The polymer product must b e high charged and high molecular weight cationic emulsion with at least 45.0% total solids. The WCP uses appro ximately twelve (12) totes per year at the gravity thickener process and anticipates using approximately twelve (12) bulk loads per year at the dewatering process. The WCP does not guarantee a minimum order of polymer totes or bulk loads.

• A tote of plymer is approximately 275 gallons.
• A bulk load of polymer is approximately 5,000 gallons. • Delivery days and hours are Monday-Friday, 7:00 a.m.-2:00 p.m. • Delivery trucks need to include pallet jacks (City will not provide) • City will provide fork lift for unloading

V. PRE-BID AND CONTRACT MEETINGS

1. A Non - Mandatory Pre-Bid Meeting. A non-mandatory pre-Bid meeting will be held on Thursday, March 31, 2022 at 11:00 a.m. at City Hall, 707 W. Acequia Ave. Attendance at this meeting is not required to submit a Bid in response to this RFB but is encouraged.

Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquire d full knowledge of the job site, sc ope of work and any problems or difficulties that may affect the work proposed.

2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work t o discuss any problems or questions t hat may arise. Contractor shall contact the Project M anager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.

City Project Manager: Wyndi Ferguson
Department: WCP

VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, April 14, 2022 at 1:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and t he amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all c laims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.

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5 After the award, the City intends that it s selection pr ocess will be open and public.

Respondents are advised that the Cali fornia Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosu re by the expr ess provisions of the A ct.

The Federal Freedom of Information Act (“ FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either th e PRA or F OIA. Any information conta ined in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any fai lure to identify inform ation contained in a Bidder’s Bid to this RFB as “Prop rietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VII. AWARD

1. Most Responsive, R esponsible Bidder . A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1 -2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the most responsive, respo nsible Bidder wh ose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the C ity. A responsible Bidder is one who has the capabi lity, financial capacity and integrity to perform the contract. A responsive Bidder i s one w ho commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the Cit y with its A ward Notice to City within ten (10) working days of receipt thereof.

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

VIII. PROTESTS/APPEALS

Because it is essential that Bidders have confidence in the procurement procedures for soli citing and awarding contracts, it is the policy of the Ci ty to offer Bidders the opportunity to a ppeal award of contracts. The following procedures shall apply in regard to appeals:

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

2. Should ident ify only the areas regarding b id contradictions, procurement errors, quotation rating discrepancies, legality of pro curement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The reso lution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

4. Further levels o f appeal may b e made in accord ance with the appeals provision contained in Chapter 5 of t he City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

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6 IX. SPECIAL CONDITIONS

1. Product Issues

a. Complete Project. The successful Bidder shall be res ponsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB.

b. Product Inspection. The City will have ten (10) working days to inspect product for appearance and conforman ce to all other require ments of this specification. If deficienci es are d etected, the product will be rejected and the vendor will be required to make necessary adjustments or replacements.

Payment and/or commencement of a discount pe riod, if applicable, will not be made until the defects are corrected and the product re-inspected and accepted.

2. City-Contractor Relations

a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be d one under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of products and all questions related to fulfillment of the contract for the project. Project Manage r shall not have con trol over acts or omissions of the Contractor, Subcontractors, their agents or employees.

b. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contracto r shall be new and/or of a quality equal to that specified.

(2) Equivalent Material s. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sol e judge as to the ad equacy of any item for substitution.

(3) Manufacturer’s Directio ns. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

3. Legal Responsibilities. It is the responsibili ty of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electr ic, and Fire Codes. Contractor shall provi de a safe working environment in compliance with th e Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Con tractor shall comply with all applicable la bor laws , and ensure against discrimination.

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7 X. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

The City hereby affirmatively ensu res that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE ) will be a fforded full opportunity to subm it proposals in response to this notic e. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be d iscriminated against on the basis of race, religion, color, national origin, ances try, physic al or m ental disability, medical condition, genetic infor mation, marit al status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of , or otherwise be subjected to discrim ination under any program or activity that receives or benefits from Federal financial assistance.

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

2. Post-Closing Date Corrections are prohibited.

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

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

5. Bids may be withdra wn prior to the Bid Closing D ate by writing to the Purchasing Division.

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

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

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

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

10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.

11. A written am endment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Di vision prior to submitt ing a Bid to determine if any amendments were made to the RFB.

12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids. 303
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8 13. Prior to c onducting business i n the City, a business tax certificate (license) must be obtained. Call 559-713-4326 for more information.

14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.

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

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

17. Pursuant to the City’s Charter, all other things being e qual, tie Bids shall be awarded to a l ocal merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

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

19. All California agencies may purchase off t he Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.

20. Each Bidder, will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

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

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

23. All Bidders are required t o make a Bid on the complete Bid Form (Exhibit “A”) .

Contractor may be required to submit Proposals on alternate items. The City reserves the right to award to the contract based on the lowest combination or com binations of Proposal items and alternate proposed items.

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

25. Only one Bid may be submitte d as a “ Prime Contractor” for the same work by any firm, indi vidual, partnership, corporation or combination thereof. A Contractor 304
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9 submitting a Bid as a Prime Contractor may not also submit sub -Bids to other competing Prime Contractors. Reasonable grounds for believing that an y individual, firm, partnership, corpo ration or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is no t s ubmitting a Bid as a Prime C ontractor may submit any number of sub-Bids to competing Prime Contractors.

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

27. The annual contract resulting from t his invitation to bid will be administered by the Public Works Department. However , the cities Purchasing Division shall be the final judge concerning issues or matters relat ed to contract inter pretation or problems regarding the terms, conditions or scope of the contract.

28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annu ally thereafter for four (4) consecutive one-year periods. Contract shall be begin no later than 15 days from the receipt of annual contract.

29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary d ate of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjuste d a nnually at time o f contract renewal and upon mutual agreement of the parties t o the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a p rice adjustment and to provide all document ation necessary. The request for pric e a djustment must be submitted to the Project Manager within the thirty (30) calendar day period prior to the annual anniversary date of the agreement. Requests filed after t his time period will not be considered.

The unit prices for the ensuing contract s s hall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI -U All Cities Average). The contract unit prices may be changed in an a mount equal to the percentage of movem ent for the most recent twelve-month period. In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding o n the contractor for the subsequent contrac t year. The adjustment of the unit bi d p rice shall not be retroactive and shall apply only to changes incurred after approval.

30. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days writ ten notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and c onditions of the contra ct, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.
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10 Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.

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

XI. POST AWARD RESPONSIBILITIES

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

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

3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C” , Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.

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11 EXHIBIT “A”

BID FORM
RFB NO. 21-22-37
Project: SUPPLY & DELIVERY OF POLYMER

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice In viting Sealed B ids No. 21-22-37 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, and labor required for the above stated project a s set forth in the RFB, including all Exhibits and related contract documents therefore.

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

BIDDER understands that failure to enter into a contract in the time and manner said Purchasing Division may proceed to award the contract to other Bidders.

BIDDER understands that a bid is required for t he product and that compensation under the contract will be based upon the product condition received as stated in the bid specifications. It is agreed that all prices bid include all a ppurtenant expenses, ta xes, royalties and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

BIDDER hereby agrees to execute a contract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, an d it is hereby mutually understood and agreed that in case the BIDDER does not, said Purchasing Division may proceed to award the contract to others.

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

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

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

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

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12 Description: Supply and Delivery of Polymer
RFB 21-22-37

Item Unit Cost

(A)
Quantity
(gallons)
(B)
Number of
Annual Services
(C)
Total Cost
(includes tax, freight & surcharge)
(A x B x C)
Tote $_______/gallon 275 12 $________________
Bulk $_______/gallon 5,000 12 $________________
TOTAL ANNUAL COST $______________________

(1) ________________________________________________________________________________________________ Bidding Firm

(2) ________________________________________________________________________________________________ Corporation, Partner, Joint Venture

(3) ________________________________________________________________________________________________ Business Address City State Zip Code

________________________________________________________________________________________________ Telephone Number

________________________________________________________________________________________________ E-mail Address

(4) ________________________________________________________________________________________________ Signature of Authorized Person (Date)

________________________________________________________________________________ Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE

(1) If the BIDDER is an individual, enter name here in style used in business ; if a joint venture , exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.

(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture , partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full).”

(3) State on this line, the address to which all communications and notices regardi ng t he Bid Proposal, and any contract awarded thereunder, are to be addressed.

(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, an d if o ne or both of the joint venturers is a partnership or a corporatio n, each participati ng p artnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, b y an authorized officer or employee. The title of the person signing mu st appear after his /her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

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13 Note: All names must be typew ritten under writte n signature. All Addresses must be complete with street number, city, state and zip code.

CONTRACTOR’S PERMIT INFORMATION
License Number: _________________________________________ License Classification:_____________________________________ Expiration Date: __________________________________________

CITY OF VISALIA BUSINESS TAX CERTIFICATE NO.: _________________________________ A City Business Tax Certificate (Lic ense) is not required to submit a bid; however, vendor is required to obtain a City Tax Certificate prior to commencement of work . Contact the Business Tax Division with questions at (559) 713-4326.

Federal Tax I.D. No.: ____________________________________________________

REFERENCES
The following are the names, addresses, and telephone numbe rs for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two years.

Company Name Address Tel. No. Contact

1.______________________________________________________________________________________________

2.______________________________________________________________________________________________

3.______________________________________________________________________________________________

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

Company Name Address Tel. No. Type

_____________________________________________________________________________ _____________________

__________________________________________________________________________________________________

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14 EXHIBIT “B-1”

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)

To Accompany Bid Form

Equal Opportunity Clause
Unless exempted by rules, re gulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executi ve Orde r 11246 of September 2 4, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

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

2. The BIDDER will, in all soli citations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified a pplicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

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

4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investig ation t o ascertain compliance with such rules, regulations and orders.

6. In the event of the BIDDER’s non -compliance with the non -discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, ter minated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordan ce with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctio ns may be imposed and remedie s invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of th e Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of t he Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or ven dor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may 310
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15 direct as a means of enforcing such provisions including sanctions for non -compliance.

Provided, however, that in the event the B IDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a resu lt of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:
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16 EXHIBIT “B-2”

NON-COLLUSION AFFIDAVIT
To Accompany Bid Form

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

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

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

Company Seal:

State of California
County of ________________________

On this __________ day of _______________before me, ______________________________________ _____, a Notary Public, personally appeared ____________________________________________,who pro ved to me on the basis of satisfactory e vidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their sign ature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument.

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

Signature __________________________________ (Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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17 EXHIBIT “B-3”

WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

To Accompany Bid Form

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

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

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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18 EXHIBIT “B-4”

CITY OF VISALIA
Ownership Disclosure for Contractors and Consultants
To Accompany Proposal

NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

Firm Name:_______________________________

Firm Address:____________________________

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

Submitted by: Name __________________________________________________________ Date __________________________________________________________

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19 EXHIBIT “B-5”
To Accompany Bid

STATE OF CALIFORNIA

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

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

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY (Authorized Signature)

DATE EXECUTED

PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:

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

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:

(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

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

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____ ________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, th en the terms and conditions of thi s certi ficate shall have the same force, meaning effect and enforceability a s if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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20 EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)

ANNUAL CONTRACT FOR SUPPLY & DELIVERY OF POLYMER
(City of Visalia Bid No. 21-22-37)

This Agreement, entered into and effective this ________ day of ________________, 2022 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter ref erred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is an Polymer supplier with a primary busin ess add ress of _________________________________________________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, City of Visalia reviewed and eval uated responses to the Request for Bid and determin ed to award contract to CONTRACTOR for the Annual Project; and

WHEREAS, CONTRACTOR represent s it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall comme nce on the Effective Date and expire upo n completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the Ci ty’s op tion and with the consent of the CONTRACTOR , be extended annually there after for four (4) consecutive one -year periods. "Additionally, this Agreement may be terminated for convenien ce. In the event of termination or expiration of t his Agreement, C ONTRACTOR shall transfer to CITY any fu nds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 21-22-37, Annual Contract for Supply & Delivery of Polymer Attachment 4 CONTRACTOR’s bid in response to Bid No. 21-22-37

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):

All work described in Scope of Services in Bid No. 21-22-37.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor 316
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21 5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragrap h 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreeme nt, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement ba sis for services actually performed base d on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices shall be firm and fixed for twelve (12 ) months from the annual anniversary date of t he agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be th e responsibility of the con tractor to request a price adjustment and to provide all documentation necessary to support this r equest. The request for price ad justment must be submitted to the Project Manager wi thin the thirty (30) calendar day period prior to the annual anniversary date of the agreement as specified in General Conditions of RFB-21-22-37.

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

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

CONTRACTOR

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

CITY OF VISALIA

Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: $
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for delivered product 317
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22 Exhibit “C”
Attachment 1

GENERAL CONTRACT PROVISIONS

A. Successors and Assigns : Th is Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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

C. Notices: Notice shall be sufficient hereunder if personally se rved upon the City Clerk of the CITY or an off icer or principal of the CONTRACTOR, or if sent via the Unit ed States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________

D. Independent Contractor: It is understood and agreed by the parties her ein that CONTRACTOR, in the performance of this Agreement, shall act as an independent con tractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal : This Agr eement shall be administered and interpreted under the laws of the State of California. J urisdiction of litigation arising from this A greement shall be in C alifornia. Any action brought to inter pret or enforce this Agreement, or any of the terms or condi tions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expres sly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Se ction 394 of the California Code of Civil Procedure.

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

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

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

H. Indemnification: The C ONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or p roperty arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACT OR will indemnify, hol d harmless, and defend (at CITY’s optio n) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concu rrent or sole negligen ce of the CITY or its officers, agents, or employees.

I. Attorney’s Fees : In the event either p arty commences any action, arbitration or legal proceedings for the enforcement of this Ag reement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
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23 J. Headings: Section headings are provided for organizational purposes o nly and do not in any manner affect the scope or intent of the provisions thereunder.

K. Firearms Prohibi ted: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an ex emption in the contra ct. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

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24 Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

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

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

3. Types of Insurance and Minimum Limits . The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:

a. Worker’s Compensation written in accordance with the laws of the State o f California providing coverage for any and a ll employees of CONT RACTOR in the minimum statutorily required coverage amounts;

b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non -owned (e.g. owned by CONTRACTOR’s employees o r contractors), leas ed or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bo dily injury and property damage.

c. Comprehensive or Commercial General Liability Insuranc e coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:

(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage req uired in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the requir ed coverage for a period of three (3) years after the expiration of this Agreement (herein after “post agreement coverage”) and any extensions thereof. C ONTRACTOR may maintain the required post ag reement coverage by renewal or purchase of prior acts or tai l coverage. This provision is contingent upon post agreement coverage being both availabl e and reasonably affordable in relation to the coverage provide d during the term of this Agreement. For p urposes of interpreting this requirement, a cost not exceedi ng 100% of the last annual policy premium during the term of this Agreement in order to pu rchase prior acts or tail coverage for p ost agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commer cial General Liability Insurance shall be endorsed to contain the following clauses:

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25 a. The City of Visalia, its officers, agents, e mployees, representativ es, and volunteers are added as additional insureds as respects operations and activities of, or on beh alf of the named insured, performed under contract with the City of Visalia.

b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.

c. This insurance shall not be canceled, limited in scope or coverage, or non -renewed until after thirty (30) days prior written notice has been given to the Ci ty Clerk, City of Visal ia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insuranc e broker(s) with a full copy of these insurance provisions and provide CITY on or before t he effective date of this Agreement with Certificate(s) of Insu rance for all required coverages. Copies o f all the required Endorsements shall be attached to the Cer tificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as e vidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visali a at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

321
322
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0211 Agenda Date: 6/6/2022 Agenda #: 8.

Agenda Item Wording:

Authorize the City Manager to award the construction contract for RFB 21-22-47, Goshen Basin Project, to JT2, Inc. dba Todd Companies, of Visalia, CA in the amount of $1,975,000.00. (CIP 3010- 72000/CP8334-999)
Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Fred Lampe, Senior Civil Engineer, [email protected], (559) 713-4270 Frank Senteno, City Engineer, [email protected], (550) 731-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to award the construction contract for RFB 21-22-47, Goshen Basin Project, to JT2, Inc. dba Todd Companies in the amount of $1.975,000.00.

Background Discussion:

The Goshen Basin is one of three basin sites associated with the Lower Kaweah River and Mill Creek System Flood Control Improvements Project. The three separate basin sites contribute to this Department of Water Resources (DWR) Grant Funded project to reduce flood risk to the City of Visalia. The other two basins are the Peoples Basin and the Oakes Basin. All three basins are being increased in capacity to reduce peak floodwater flows in the Kaweah River and Mill Creek. The project adds other public benefits such as restoration of native plant and animal habitat; and to some extent groundwater recharge capacity as these are earthen and unlined basins. Due to funding deadlines, construction of both the Oakes Basin and Peoples Basins must be completed by December 2022.

The Goshen Basin is located on the southeast corner of Goshen Avenue and Camp Drive just within the western city limits and within the industrial zone of the City. The character of the Goshen Basin differs than most other basins throughout the city due to its location and primary flood control function.

This project consists of expanding and modifying the existing 12.4 acre Goshen Basin to provide an additional 17 acre-feet of storage capacity. The project will increase the floodwater capacity of the basin to better protect significant residential and industrial areas on the west side of the city. The increased flood protection comes from the combination of the additional storage capacity and the conversion of the basin from retention to detention by adding a discharge pump and pipe system.

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Though the basin doesn’tshare the aesthetic features typical of other park-basin combos or basins located in residential areas, the work will include over three acres of native Valley Oak plant and animal habitat. A ten foot wide ADA accessible decomposed granite path will be constructed around the perimeter. Native Valley Oaks and site appropriate understory plantings will line the perimeter of the basin, creating habitat for local wildlife and migratory birds. All of the trees and understory used on the site will be California natives and site appropriate. The basin will be reshaped and re-graded to match current city standards more closely. The basin is on the south side of Goshen Avenue and will be close to the future extension of the Goshen Avenue Trail.

RFB 21-22-47, Goshen Basin Project was advertised on April 15, 2022. Bids were opened on May 13, 2022. The submitted bid amounts are listed from lowest to highest:

Contractor Location Bid Amount
1 JT2, Inc. dba Todd Companies Visalia, CA $1,975,000.00 2 GSE Construction Company, Inc. Livermore, CA $2,310,100.00 3 Steve Dovali Construction, Inc. Fresno, CA $2,464,250.00 4 Cal Valley Construction Fresno, CA $2,593,663.00
5 AJ Excavation, Inc. Fresno, CA $2,639,745.00
JT2, Inc. dba Todd Companies submitted the low bid of $1,975,000.00. City staff reviewed the bid documents and found them to be complete and acceptable.

City staff checked references provided by JT2, Inc.. The DeWalt Corporation and Forcum-Mackey confirmed that Todd Companies performed well on their projects. Work was of good quality and was completed within budget and on time. Additionally, three City of Visalia project managers reported good quality work on recent city contracts.

Fiscal Impact:

The Lower Kaweah River and Mill Creek Flood Control Project is multi-funded with State Proposition 1E and local matching funds from the Storm Sewer Deficiency Fund (222). The following table is a breakdown of the overall project budget:

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File #: 22-0211 Agenda Date: 6/6/2022 Agenda #: 8.

Project Budget (CP8334)
Funding Breakdown:

Prop 1E Grant (Fund 001) $4,615,174
Storm Sewer Deficiency (Fund 222) $3,093,543
Funding Total $7,708,717
Project Budget Breakdown:

Administration $258,056
Property Acquisition $1,415,483
Design and Support Costs (PM, design, CEQA, permitting) $648,477 Construction (incl. CM and inspection) $4,925,184
Contingency $461,517
Budget Total $7,708,717
Project Expenses To-Date:

Administration $258,056
Property Acquisition $1,415,483
Design & Support Costs (PM, design, CEQA, permitting) $592,906 Construction & Const. Support (prior demolition) $1,106,521 Contingency $0
Expenses Total $3,372,966
Project Budget Remaining: $4,335,751
RFB 21-22-47, Goshen Basin Project’sconstruction cost is embedded within the Construction budget item above. The bid for this portion of the grant project is greater than the engineer’sestimate of $1,792,400. Although the bid is higher than the engineer’s estimate, there are adequate funds available in the CIP budget to fund construction of the Goshen Basin. Savings were realized in the Peoples Grading Project and no Contingency funds have been spent. No appropriation is needed at this time.

Prior Council Action:

February 22, 2022
Appropriate California Natural Resource Agency (CNRA), Proposition 68 - Urban Flood Protection Grant funds and transfer Storm Sewer Deficiency (222) funds from Lower Kaweah River and Mill Creek Flood Control Project to the Oakes Basin.

December 20, 2021
Authorized the City Manager to award the construction contract for RFB 21-22-20, Grading of Peoples Basin to Wood Bros. Inc. in the amount of $865,120.

December 21, 2020
Authorized the City Manager to award the construction contract for RFB 20-21-21, Site Demolition Visalia City Council Printed on 6/3/2022Page 3 of 4
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File #: 22-0211 Agenda Date: 6/6/2022 Agenda #: 8.
and Clearing of the Oakes Basin in the amount of $178,760.

Alternatives:

Reject Bids. This is not recommended since the Proposition 1E grant funds must be spent by December 2022. It is important to begin work on Goshen Basin and the remaining work at Peoples Basin as soon as possible.

Recommended Motion (and Alternative Motions if expected):

I move to award RFB 21-22-47 and authorize the City Manager to execute a construction agreement with JT2, Inc. dba Todd Companies in the amount of $1,975,000.00.

Environmental Assessment Status:

Environmental assessment is complete. A mitigated negative declaration was completed for the CEQA document. Cultural Resources and Biological studies were done as part of CEQA compliance process. Mitigation measures are stipulated in the CEQA findings.

CEQA Review:

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

76. Attachments:

Goshen Basin Location Map
Goshen Basin Site Plan
Ownership Disclosure
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GOSHEN BASIN SITE PLAN

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GOSHEN BASIN - SITE PLAN
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0213 Agenda Date: 6/6/2022 Agenda #: 9.

Agenda Item Wording:

Request authorization to record the final parcel map for Tentative Parcel Map No. 2021-01, located at 4204 South Demaree Street. (APN: 126-020-061)
Deadline for Action: 6/6/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Luqman Ragabi, Assistant Engineer, [email protected] <mailto:[email protected]> , (599) 713-4362
Jason Huckleberry, Assistant Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4495 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 parcel map for Tentative Parcel Map No. 2021-01.

Background Discussion:

The final parcel map is proposing to subdivide 1.44 acres into two lots for residential use in the R-1-5 zone. Currently there is a 4,729 square foot single-family residence proposed under future Parcel 2 of the proposed subdivision. The proposed residence is approved for construction under building permit B210637. The remaining Parcel 1 will develop a single-family residence at a future date. With the development of Parcel 1, frontage improvements along South Demaree Street are required including a seven-foot sidewalk and five-foot parkway landscaping.

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.

Fiscal Impact:

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

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File #: 22-0213 Agenda Date: 6/6/2022 Agenda #: 9.

Prior Council Action: None
Other:

Tentative Parcel Map 2021-01 was approved by the Planning Commission on May 10, 2021.

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

I move to authorize the recordation of the final parcel map for Tentative Parcel Map No. 2021-01.

Environmental Assessment Status:

CEQA Guidelines Section 15315.

CEQA Review:

Categorically Exempt pursuant to CEQA Guidelines Section 15315, Categorical Exemption No 2021-

12. Attachments:

1. Final Parcel Map

2. Location Map

3. Aerial Map

4. Development Disclosure
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SHEET 1 OF 2JOB NO. 21026
BY______________________

BOARD OF SUPERVISOR'S STATEMENT
OWNER'S STATEMENTSURVEYOR'S STATEMENTTHIS MAP WAS PREPARED BY ME, OR UNDER MY DIRECTION, AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THEREQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF JAGTAR SINGH ON JUNE 1, 2021. IHEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVEMAP, IF ANY. ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLETHE SURVEY TO BE RETRACED.

WE HEREBY STATE THAT WE ARE THE LEGAL OWNERS OF, OR HAVE SOME RIGHT, TITLE OR INTERESTIN AND TO THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWNUPON THIS PARCEL MAP, AND THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARYTO PASS A CLEAR TITLE TO SAID PROPERTY, AND WE CONSENT TO THE MAKING AND FILING OF SAIDPARCEL MAP AS SHOWN WITHIN THE BOLD BORDER LINES HEREON. WE HEREBY OFFER TODEDICATE AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THEMAP HEREON, FOR THE SPECIFIED PURPOSES:1.12' SIDEWALK EASEMENT IN FAVOR OF THE CITY OF VISALIA AS SHOWN HEREON.2.RECIPROCAL ACCESS AND UTILITY EASEMENT AS SHOWN HEREON.

I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TULARE, STATE OFCALIFORNIA, DO HEREBY STATE THAT SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OFTAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORSDEPUTYDATED THIS ____ DAY OF_________________, 20____.

BENJAMIN R. MULLINS, PLS 9227ALTEOFCASELICENDLANSTDNRIFOURSORVEYIABenjamin R.MullinsNo. 9227 J:\Jobs\2021\21026\Dwg\FPM.dwg 9/8/2021 2:00 PM
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIESONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICHTHIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, ORVALIDITY OF THAT DOCUMENT.STATE OF CALIFORNIACOUNTY OF _______________ON _______________________, 20___,BEFORE ME:_____________________________, NOTARY PUBLIC,PERSONALLY APPEARED:___________________________________________WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THEPERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ANDACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIRAUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THEINSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THEPERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER 'PENALTY OFPERJURY' UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOINGPARAGRAPH IS TRUE AND CORRECT.WITNESS MY HAND AND OFFICIAL SEAL.______________________________________SIGNATURE OF NOTARY PUBLIC______________________________________PRINT NAMECOUNTY OF PRINCIPAL PLACE OF BUSINESS:_________DATE COMMISSION EXPIRES:__________________COMMISSION NO. _____________NO NOTARY SEAL REQUIRED PURSUANT TO SEC. 66436 (C)OF THE SUBDIVISION MAP ACT.

TPM 2021-01PARCEL MAP NO.

JULY 2021Owner: JAGTAR SINGHEngineer: LANE ENGINEERS, INC.979 N. BLACKSTONE STREETTULARE, CA 93274PH. (559) 688-52634204 S. DEMAREE ST.VISALIA, CA 93291 CITY SURVEYOR'S STATEMENTI HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEAREDON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF CHAPTER 2 OF THE SUBDIVISIONMAP 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.JEFFREY S. LAND, CITY SURVEYOR, PLS 8634

JAGTAR SINGH, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTYDATE

DATEDATE
CITY PLANNERS' STATEMENTI HEREBY STATE THAT THIS PARCEL MAP CONFORMS TO THE TENTATIVE PARCEL MAPNO. 2021-01 APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THEREGULAR MEETING HELD ON MAY 10, 2021.PAUL BERNAL, CITY PLANNERDATE

NO SCALEV I C I N I T Y M A P
NOTE:IMPROVEMENTS AND IMPACT FEES SHALL BE DEFERRED UNTIL SUCH A TIME THAT A BUILDINGPERMIT IS ISSUED, OR UNLESS OTHER ARRANGEMENTS ARE MADE WITH THE LOCAL AGENCY.1.THE RIGHT TO EXTRACT OR OTHERWISE DEVELOP WATER BENEATH THE SURFACE OFSAID LAND UPON THE TERMS SET FORTH IN THAT CERTAIN QUITCLAIM DEED ANDAUTHORIZATION EXECUTED BY ERIC L. KOZLOWSKI AND RONDA M. KOZLOWSKI ASGRANTOR, AND CALIFORNIA WATER SERVICE COMPANY, A CALIFORNIA CORPORATION, ASGRANTEE, RECORDED NOVEMBER 23, 2004 AS DOCUMENT NO. 2004-0121915 OF OFFICALRECORDS OF TULARE COUNTY.NON-PLOTTABLE EASEMENTS AND CONDITIONS THAT MAY AFFECTSUBJECT PROPERTY BEING A DIVISION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 2008-10, RECORDED MAY 29, 2009, AS INSTRUMENT NO. 09-0033355,O.R.T.C.R. SITUATED IN A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 19 SOUTH,RANGE 24 EAST, M.D.B & M. IN THE CITY OF VISALIA , COUNTY OF TULARE, STATE OF CALIFORNIA.LEGAL DESCRIPTIONBEING PARCEL NO. 1 OF PARCEL MAP NO. 192, RECORDED IN BOOK 2, PAGE 92 OF PARCEL MAPS, T.C.R., SITUATED INTHE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OFSECTION 12, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE & MERIDIAN, IN THE CITY OF VISALIA,COUNTY OF TULARE, STATE OF CALIFORNIA.EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL NO. 1, DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, THENCE SOUTH 89°18'37" WEST, ALONG THE SOUTH LINEOF SAID PARCEL, A DISTANCE OF 38.00 FEET; THENCE NORTH 00°20'34" WEST, PARALLEL WITH THE EAST LINE OF SAIDPARCEL 1, A DISTANCE OF 69.77 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWESTHAVING A RADIUS OF 253.50 FEET TO WHICH A RADIAL BEARS NORTH 03°21'27" WEST; THENCE NORTHEASTERLY,ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 08°40'05", AN ARC DISTANCE OF 38.35 FEET TO A POINT ON THEEAST LINE OF SAID PARCEL 1; THENCE SOUTH 00°20'34" EAST, ALONG SAID EAST LINE, A DISTANCE OF 74.44 FEET TOTHE POINT OF BEGINNING.TOGETHER WITH THAT PORTION DESCRIBED AS THE REMAINDER OF THE LITTLE RANCH, RECORDED IN BOOK 40, OFMAPS, AT PAGE 44, SITUATED IN A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWESTQUARTER OF SECTION 12, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE & MERIDIAN, IN THE CITY OFVISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHEAST CORNER OF SAID REMAINDER, THENCE SOUTH 00°20'34" EAST, ALONG THE EAST LINEOF SAID REMAINDER, A DISTANCE OF 20.87 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THESOUTHWEST HAVING A RADIUS OF 19.50 FEET TO WHICH A RADIAL BEARS NORTH 30°29'22" EAST; THENCE WESTERLY,ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 49°23'40", AN ARC DISTANCE OF 16.81 FEET; THENCE SOUTH71°05'41" WEST, A DISTANCE OF 5.62 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWESTHAVING A RADIUS OF 253.50 FEET TO WHICH A RADIAL BEARS NORTH 18°54'19" WEST; THENCE SOUTHWESTERLY,ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06°52'47", AN ARC DISTANCE OF 30.44 FEET, TO A POINT ON THEWEST LINE OF SAID REMAINDER; THENCE NORTH 00°20'34" WEST, ALONG THE WEST LINE OF SAID REMAINDER, ADISTANCE OF 28.56 FEET TO THE NORTHWEST CORNER OF SAID REMAINDER; THENCE NORTH 89°19'20" EAST, ALONGTHE NORTH LINE OF SAID REMAINDER, A DISTANCE OF 50.90 FEET TO THE NORTHEAST CORNER OF SAID REMAINDER,SAID POINT ALSO BEING THE POINT OF BEGINNING.ALSO TOGETHER WITH THAT PORTION OF PARCEL NO. 1 OF PARCEL MAP 3364, RECORDED MARCH 21, 1986, INVOLUME 34 AT PAGE 66 OF PARCEL MAPS, T.C.R., ALSO BEING A PORTION OF PARCEL A OF LOT LINE ADJUSTMENT2000-29 RECORDED MARCH 21, 2001 AS DOCUMENT NO. 2001-0021108 T.C.R., SITUATED IN THE NORTHWEST QUARTEROF SECTION 12, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE & MERIDIAN, IN THE CITY OF VISALIA,COUNTY OF TULARE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL NO. 1, THENCE NORTH 00°20'07" WEST, ALONG THE WESTLINE OF SAID PARCEL 1, A DISTANCE OF 5.77 FEET, TO A POINT ON A NON- TANGENT CURVE, CONCAVE TO THENORTHWEST, HAVING A RADIUS OF 220.00 FEET TO WHICH A RADIAL BEARS NORTH 13°50'09" WEST; THENCENORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°04'10", AN ARC DISTANCE OF 19.46 FEET;THENCE, NORTH 71°05'41" EAST, A DISTANCE OF 28.45 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TOTHE NORTHWEST, HAVING A RADIUS OF 15.00 FEET TO WHICH A RADIAL BEARS NORTH 18°54'19" WEST; THENCENORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 23°13'06", AN ARC DISTANCE OF 6.08 FEET;THENCE, SOUTH 00°20'34" EAST, A DISTANCE OF 22.93 FEET, TO A POINT ON THE SOUTH LINE OF LAST SAID PARCELNO. 1; THENCE, SOUTH 89°19'20" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 50.90 FEET TO THE POINT OFBEGINNING.ALSO TOGETHER WITH THAT PORTION OF PARCEL NO. 2 OF PARCEL MAP 3111, RECORDED FEBRUARY 23, 1984, INBOOK 32 AT PAGE 12 OF PARCEL MAPS, T.C.R., ALSO KNOWN AS PARCEL A OF LOT LINE ADJUSTMENT 2000-29RECORDED MARCH 21, 2001 AS DOCUMENT NO. 2001-0021108 T.C.R., SITUATED IN THE NORTH HALF OF THESOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 19SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE & MERIDIAN, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OFCALIFORNIA, DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL NO. 2, THENCE NORTH 00°20'07" WEST, ALONG THE EASTLINE OF LAST SAID PARCEL 2, A DISTANCE OF 5.77 FEET TO A POINT ON A NON- TANGENT CURVE, CONCAVE TO THENORTHWEST, HAVING A RADIUS OF 220.00 FEET TO WHICH A RADIAL BEARS NORTH 13°50'09" WEST; THENCESOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°08'46", AN ARC DISTANCE OF 50.48 FEET,TO A POINT ON THE SOUTH LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING.THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING PARCEL 1 OF A LOT LINEADJUSTMENT, CERTIFICATE NO. 2008-10, RECORDED MAY 29, 2009, AS INSTRUMENT NO. 09-33355 OF OFFICIALRECORDS.

S DEMAREE ST.S. CHINOWTH ST.VISALIA PKWY
W. CALDWELL AVE.W. PACKWOOD AVE. SILVERVALE ST.S. DANS ST.S. COUNTY CENTER DR.PROJECTSITE RECORDER'S STATEMENTDOCUMENT No.________________________________ FEE PAID:________________FILED THIS ____________ DAY OF _________________________, 20_________, AT ______________________. M. IN VOLUME ____________ OFPARCEL MAPS AT PAGE ____________, TULARE COUNTY RECORDS, AT THE REQUEST OF LANE ENGINEERS, INC.TARA FREITAS, CPA, TULARE COUNTY ASSESSOR/CLERK-RECORDERBY:__________________________________________________DEPUTY BENEFICIARY'S STATEMENTTHE UNDERSIGNED, AS BENEFICIARY UNDER THE DEED OF TRUST RECORDED OCTOBER 28, 2014 ASINSTRUMENT NUMBER 14-57895, OF OFFICIAL RECORDS, DOES HEREBY JOIN IN AND CONSENT TO THEEXECUTION OF THE FOREGOING OWNER'S STATEMENT AND TO PREPARATION AND RECORDATION OFTHIS MAP AND ALL DEEDING AND DEDICATIONS THEREON.FOR: PLUMAS BANKDATEBY:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIESONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICHTHIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, ORVALIDITY OF THAT DOCUMENT.STATE OF CALIFORNIACOUNTY OF _______________ON _______________________, 20___,BEFORE ME:_____________________________, NOTARY PUBLIC,PERSONALLY APPEARED:___________________________________________WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THEPERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ANDACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIRAUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THEINSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THEPERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER 'PENALTY OFPERJURY' UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOINGPARAGRAPH IS TRUE AND CORRECT.WITNESS MY HAND AND OFFICIAL SEAL.______________________________________SIGNATURE OF NOTARY PUBLIC______________________________________PRINT NAMECOUNTY OF PRINCIPAL PLACE OF BUSINESS:_________DATE COMMISSION EXPIRES:__________________COMMISSION NO. _____________NO NOTARY SEAL REQUIRED PURSUANT TO SEC. 66436 (C)OF THE SUBDIVISION MAP ACT.

CITY CLERK'S STATEMENTTHIS IS TO CERTIFY THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THE _____ DAY OF______________, _________, AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO APPROVING THIS PARCEL MAP, AND ONBEHALF OF THE PUBLIC,ACCEPTING, SUBJECT TO IMPROVEMENT, A 12' SIDEWALK EASEMENTAND CONSENTING TO THE ABANDONMENT OF THE IRREVOCABLE OFFER OF DEDICATION AND STORM DRAIN EASEMENTALL INCLUDED WITHIN THE BOUNDARIES OF THE DIVISION AS SHOWN AND/OR STATED UPON THE MAP.WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA THIS _____ DAY OF ________________, 2021.LESLIE B. CAVIGLIACITY MANAGER/CITY CLERKCHIEF DEPUTY CITY CLERKDATENOTICE OF ABANDONMENTPURSUANT TO SECTION 66434(g) OF THE GOVERNMENT CODE, THE FILING OF THISFINAL MAP SHALL CONSTITUTE ABANDONMENT OF THE FOLLOWING PUBLICEASEMENTS:THAT PORTION OF THE IRREVOCABLE OFFER OF DEDICATION PER PARCEL MAP NO.3364, RECORDED IN BOOK 34 OF PARCEL MAPS, AT PAGE 66, T.C.R. AND THAT PORTIONOF THE EASEMENT FOR STORM DRAIN PURPOSES PER 'THE LITTLE RANCH,'RECORDED IN VOLUME 40 OF MAPS, AT PAGE 44, T.C.R. ALL INCLUDED WITHIN THEBOUNDARIES AS SHOWN ON THIS MAP. 332
DEMAREE ST. GREENHOUSE AVE.SILVERVALE ST.
10' EASEMENT IN FAVOR OFS.C.E. PER DOC. NO. 16544 REC.IN BK. 1756, PG. 73, O.R.T.C.R. 5' PUBLIC ACCESS AND SANITARYSEWER EASEMENT IN FAVOR OFTHE CITY OF VISALIA , REC. AS DOC.NO. 2013-0075891, O.R.T.C.R.42' 'REMAINDER' PER 'THE LITTLE RANCH'
PARCEL 11PARCEL 24PARCEL 23PARCEL 4
28'
30' 45'IRREVOCABLE OFFER OFDEDICATION PER PM 336456'IRREVOCABLE OFFER OFDEDICATION PER DOC. NO.2003-0121573, OR.T.C.R. 12' SIDEWALK EASEMENTPER THIS MAP.RECIPROCAL ACCESS AND UTILITIESEASEMENT PER THIS MAP SHOWNHATCHED.PARCEL 1PARCEL MAP NO. 192REC. IN BK. 2 OF PARCEL MAPS, AT PG. 92, T.C.R.PARCEL 2PARCEL MAP NO. 66REC. IN BK. 1 OF PARCEL MAPS, AT PG. 66, T.C.R.

P A R C E L 1LOT LINE ADJUSTMENT NO. 2008-10REC. MAY 29, 2009, AS INST. NO. 2009-0033355, O.R.T.C.R.

PARCEL 1PARCEL MAP NO. 3364REC. IN BK. 34 OF PARCEL MAPS, AT PG. 66, T.C.R.'THE LITTLE RANCH'REC. IN VOL. 40 OF MAPS, AT PG. 44, T.C.R.

PARCEL MAP NO. 4504REC. IN BK. 46 OF PARCEL MAPS, AT PG. 09, T.C.R.PARCEL MAP NO. 4585REC. IN BK. 46 OF PARCEL MAPS, AT PG. 90, T.C.R. 6'6' PUBLIC UTILITIES EASEMENTPER 'THE LITTLE RANCH'EAST LINE OF THE W1/2 OF THE W1/2 OF THE NW1/4 OF SEC. 12-19-24N89°32'11"E 614.99 (N89°18'37"E 615.06)N00°07'56"W 102.99(N00°20'34"W 103.00)NE COR. PARCEL 1 OF PM 1921/2" I.P., NO TAG, 12" DEEP.0.35' WEST OF CALCULATED POSITION SE COR. PARCEL 1 OF PM 1921/2" I.P., NO TAG, FLUSH.SW COR. PARCEL 1 OF PM 1921/2" I.P., NO TAG, FLUSH. 0.25'SOUTH OF CALCULATED POSITION.

N00°35'56"W 102.98L3 [L3]C3 [C3]L2 [L2]C2 [C2]L1 [L1]
S00°06'23"E 102.98N00°07'56"W 69.77
108.96455.99
109.84467.15
R1R2R3R4R5R6R742' C1*C4*1991.47 (1991.82)
102.98 (103.00)
560.84 (560.94)38.00 [38.00]
28'28'78.90 ((78.90))276.06 ((276.00))N89°33'36"E 354.96 ((N89°19'01"E 354.90))DISK W/CENTER MARK STAMPED'PLS 4076' FLUSH IN CONC.DISK W/CENTER MARK STAMPED'PLS 4076' FLUSH IN CONC.28'R6PORTION OF IRREVOCABLE OFFEROF DEDICATION PER PM 3364 TOBE ABANDONED PER THIS MAP.EASEMENT FOR STORM DRAINPURPOSES PER 'THE LITTLE RANCH' PORTION OF EASEMENT FOR STORM DRAINPURPOSES PER 'THE LITTLE RANCH' TO BEABANDONED PER THIS MAP.

20.00N89°32'07"E 614.95 (N89°18"37"E 615.00)614.96L420'SET WITNESS CORNER 1.0' NORTHOF TRUE CORNER.SET HARD NAIL & BRASS TAGSTAMPED 'PLS 9227' IN BLOCKWALL FOOTING. 1000FD-MON1001FD-MON1002FD-MON1003FD-MON1004FD-MON
1005FD-MON1006FD-MON1007FD-MON
1008FD-MON1009FD-MON1010FD-MON
612PC613PC614PC615PC616PC617PC618PC619PC620PC621PCDEMAREE ST.

CALDWELL AVE.

VISALIA PARKWAY
N89°39'10"E 2624.17 (N89°26'30"E 2623.30)
S00°12'37"E 2648.08 (S00°26'40"E 2647.71)
S89°29'46"W 2629.02 (S89°16'00"W 2629.62)
N00°06'23"W 2655.29 (N00°18'31"W 2655.76)
656.04 (655.82)
657.25 (657.40)
S00°07'56"E 2653.491990.12 (1990.31)
N1/4 COR. SEC. 12-19-24DISK W/CENTER MARK STAMPED 'CITY OFVISALIA - CITY ENGINEER' FLUSH IN CONC.

CENTER SEC. 12-19-242" I.P. W/CENTER NAIL,NO TAG, 30" DEEP.W1/4 COR. SEC. 12-19-24DISK W/CENTER MARK STAMPED'PLS 7027' FLUSH IN CONC.

NW COR. SEC. 12-19-24DISK W/CENTER MARKFLUSH IN CONC.
560.38 (560.245)560.84 (560.94)
1991.47 (1991.82)NE COR. PARCEL 1 OF PM 1921/2" I.P., NO TAG, 12" DEEP.0.35' WEST OF CALCULATED POSITIONSE COR. PARCEL 1 OF PM 1921/2" I.P., NO TAG, FLUSH.SW COR. PARCEL 1 OF PM 1921/2" I.P., NO TAG, FLUSH. 0.25'SOUTH OF CALCULATED POSITION.

LINE TABLELINE #L1L2[L2]BEARINGN71°17'52"ES0°07'56"EDISTANCE28.4543.82RADIALTABLERADIAL #R1R2R3R4R5R6R7 BEARINGN0°29'12"W (R)N18°42'08"W (R)S18°42'08"E (R)S41°58'33"E (R)N30°42'39"E (R)N18°41'41"W (R)N3°08'49"W (R) CURVE TABLECURVE #C1C2[C2]C3LENGTH69.946.0916.81DELTA18°12'56"23°16'25"49°24'20"RADIUS220.0015.0019.50[C3]C46.0816.8168.7923°13'06"49°23'40"15°32'52"15.0019.50253.50L3S71°18'19"W5.6243.80S0°20'34"E[L1]N71°05'41"E28.45[L3]S71°05'41"W5.62L4S88°57'25"E29.37 LEGEND
(R)[ ] ( )MONUMENT FOUND AND ACCEPTED AS DESCRIBED.SET 1/2" REBAR TAGGED PLS 9227, 6" DEEP.RECORD DATA PER PARCEL MAP NO. 192 REC. IN BK. 2 OFPARCEL MAPS, PG. 92, T.C.R., OR CALCULATED THEREFROM.RADIAL BEARING.ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF.BOLD LINE INDICATES SUBDIVISION LIMITS.

BASIS OF BEARINGSTHE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATESYSTEM, ZONE 4, NAD 83, AS DETERMINED BY GPS OBSERVATIONS RELATIVE TOTHE CALIFORNIA SURVEYING AND DRAFTING, INC. VIRTUAL SURVEY NETWORK,EPOCH DATE 2011.00.050 5025SCALE: 1" = 50' SHEET 2 OF 2JOB NO. 21026
J:\Jobs\2021\21026\Dwg\FPM.dwg 9/8/2021 2:00 PM
TPM 2021-01PARCEL MAP NO.

RECORD DATA PER LOT LINE ADJUSTMENT NO. 2008-10, REC.MAY 29, 2009 AS DOC. NO. 2009-0033355, O.R.T.C.R., ORCALCULATED THEREFROM.

PARCEL 2AREA = 1.18 ACPARCEL 1AREA = 0.26 AC.

NW1/4 SEC. 12-19-24
BEING A DIVISION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 2008-10, RECORDED MAY 29, 2009, AS INSTRUMENT NO. 09-0033355,O.R.T.C.R. SITUATED IN A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 19 SOUTH,RANGE 24 EAST, M.D.B & M. IN THE CITY OF VISALIA , COUNTY OF TULARE, STATE OF CALIFORNIA.

SCALE: 1"=500'GRID TO GROUND CONVERSIONTHE DISTANCES SHOWN ON THIS MAP ARE GRID DISTANCES AND CAN BECONVERTED TO GROUND DISTANCES BY DIVIDING BY THE COMBINED SCALEFACTOR OF 0.999948.CALCULATED POINT, NOTHING SET.L1*MEASURED AND RECORD DATA THE SAME PER LOT LINEADJUSTMENT NO. 2008-10. (( ))RECORD DATA PER 'THE LITTLE RANCH' REC. IN VOL. 40 OFMAPS, PG. 44, T.C.R., OR CALCULATED THEREFROM.

FLOOD HAZARD ZONE X (SHADED, FULLY)AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATEMAP (MAP NUMBER 06107C0937E) FOR COMMUNITY NO. 060409, CITY OF VISALIA, TULARE COUNTY,CALIFORNIA, EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIES FULLY WITHINFLOOD ZONE AREA DESIGNATED ZONE X, (SHADED), WHICH ARE AREAS OF 0.2% ANNUAL CHANCEFLOODING, AREAS OF 1% ANNUAL CHANCE FLOODING WHERE AVERAGE DEPTHS ARE LESS THAN 1FOOT, AREAS OF 1% ANNUAL CHANCE FLOODING WHERE THE CONTRIBUTING DRAINAGE AREA ISLESS THAN 1 SQUARE MILE, AND AREAS PROTECTED FROM THE 1% ANNUAL CHANCE FLOOD BYLEVEES. 333
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0218 Agenda Date: 6/6/2022 Agenda #: 10.

Agenda Item Wording:

Authorize changes to terms and conditions of employment with all represented and unrepresented bargaining groups to advance the negotiated third-year salary increase to the second year resulting in employees receiving a total of an 8% increase in July 2022.

Deadline for Action: 6/6/2022
Submitting Department: Administration
Contact Name and Phone Number: Leslie Caviglia; 713-4317 Department Recommendation:

Staff recommends Council authorize changes to terms and conditions of employment with all represented and unrepresented bargaining groups to advance the negotiated third-year salary increase to the second year resulting in employees receiving a total of an 8% increase in July 2022.

Background Discussion:

In 2021 the City entered into 3-year agreements with all employee bargaining units for the term of July 1, 2021 through June 30, 2024. The agreements provided for salary increases of 4% in July 2021, 4% in July 2022, and 3% in July 2023 with an additional 1% in July 2023 based on a sales tax trigger.

Since the agreements were initially approved, there have been significant increases in inflation and costs of living (food, gas, utilities, etc.) that have impacted employees. As in many agencies, the City of Visalia has had increased difficulty in recruiting and retaining quality employees. The struggle to attract applicants for jobs results in ongoing position vacancies throughout the City which further impact existing employee workloads. At the same time, the City continues to have a very positive financial outlook with higher than anticipated revenue in sales, property, and transient occupancy taxes, surplus funds, and a significant amount of stimulus money.

To provide economic relief to employees, improve recruitment and retention efforts, and recognize valued employees, in a closed session meeting on May 2, 2022, City Council authorized staff to reopen discussions with the bargaining groups. Specifically, Council authorized offering to advance (front-load) the full third-year salary increase (3% + 1%) to the second year resulting in employees receiving a total of an 8% increase in July 2022. No additional increases will occur for the remainder of the 3-year agreements which expire June 30, 2024.

Staff obtained agreement with all employee bargaining groups to advance the third-year salary increase to the second year through signed Side Letter agreements.

The advance results in a one-year increase of $2.9 million over what was originally budgeted for the Visalia City Council Printed on 6/3/2022Page 1 of 2
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File #: 22-0218 Agenda Date: 6/6/2022 Agenda #: 10.
upcoming fiscal year; however, the overall percentage increases are consistent with previously negotiated terms.

Fiscal Impact:

Approximately $2.9 million
Prior Council Action: Closed session 05/02/2022
Other: n/a
Alternatives: Provide alternate direction
Recommended Motion (and Alternative Motions if expected):

I move to authorize changes to terms and conditions of employment with all represented and unrepresented bargaining groups to advance the negotiated third-year salary increase to the second year resulting in employees receiving a total of an 8% increase in July 2022.

Environmental Assessment Status: n/a
CEQA Review: n/a
Attachments: n/a
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0221 Agenda Date: 6/6/2022 Agenda #: 11.

Agenda Item Wording:

Request authorization to file a Notice of Completion for “Caldwell & Demaree Garden Unit” subdivision containing 91 single-family residential lots located at the southwest corner of South Demaree Street and West Packwood Avenue.

Deadline for Action: 6/6/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Ather Razaq, Associate Engineer, [email protected] <mailto:[email protected]>, (599) 713-4268
Jason Huckleberry, Assistant Director - Community Dev, [email protected] <mailto:[email protected]>, (559) 713-4495 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that City Council authorize the filing of a Notice of Completion for Caldwell & Demaree Garden Unit Subdivision.

Summary:

All of the required improvements for this subdivision have been completed and are ready for acceptance by the City Engineer. The Caldwell & Demaree Garden Unit subdivision was developed by San Joaquin Valley Homes and contains 91 single-family residential lots.

The developer has submitted a maintenance bond in the amount of $67,973.18 as required by the Subdivision Map Act to guarantee the improvements against defects for one year. Staff recommends that authorization be given to file the Notice of Completion.

Background Discussion:

City Council authorized the recording of the final map for Caldwell & Demaree Garden Unit subdivision on March 15, 2021. All bonds and cash payments, as identified in the subdivision agreement, were received by the City at that time. As required by the subdivision ordinance, a maintenance bond valued at 10% of the cost of the public improvements has been submitted prior to recording of 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.

Fiscal Impact:

By authorizing this Notice of Completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such Visalia City Council Printed on 6/3/2022Page 1 of 2
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File #: 22-0221 Agenda Date: 6/6/2022 Agenda #: 11.
maintenance.

Prior Council Action:

On March 15, 2021, the City Council authorized the recordation of the final map for Caldwell & Demaree Garden Unit subdivision. Landscape and Lighting Assessment District No. 21-01 was reviewed and formed by the Landscape and Lighting Committee in February 2021.

Committee/Commission Review and Action:

On May 26, 2020, the Planning Commission approved the Caldwell & Demaree Garden Unit Tentative Subdivision Map No. No. 5573.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the filing of Notice of Completion for Caldwell & Demaree Garden Unit subdivision.

Environmental Assessment Status:

A Negative Declaration for the Caldwell & Demaree Garden Unit subdivision was adopted May 26, 2020; Environmental Document No. 2020-20.

Attachments:

1. Location Map

2. Final Map

3. Development Disclosure
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LOCATION MAP
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0233 Agenda Date: 6/6/2022 Agenda #: 12.

Agenda Item Wording:

Approval of the Mural Application Request from Downtown Visalians for one temporary mural proposed on the south-facing temporary wall installed on the fire-damaged building located at 312 through 316 West Main Street.

Deadline for Action: 6/6/2022
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends, based on the recommendation of the Mural Panel, that the temporary mural application for the proposed mural located at 312-316 West Main Street be approved with the image proposed by the applicant (see Attachment 2).

Background Discussion:

The City of Visalia received a mural application (see Attachment 1) on May 12, 2022, from Downtown Visalians for a temporary mural to be painted on the building façade remaining from the fire-damaged building at 312 through 316 W. Main Street (formerly Alejandra’s, Jimmy John’s, and Decor To Adore). The temporary mural will be displayed until the time when remodeling commences or nears completion on the property. The City’s Mural Guidelines state that temporary murals shall be removed no more than one year after completed, and that additional time beyond one year requires resubmittal of a new mural application and following the standard review process.

The mural will be painted across plywood paneling and structural elements spanning the damaged storefronts facing the north side of Main Street behind the sidewalk. The mural painting will span the entire façade, which measures approximately 60-feet wide by 8-feet high.

Franey’s is the property owner of the site and has given permission to Downtown Visalians to proceed with filing an application on their property. Local artist Heidi Steinman will be responsible for painting and maintaining the mural. The mural application and rendering of what the finished product will look like, as well as an image of the existing elevation, are attached (see Attachments 2 and 3).

The renderings shown in Attachment 2 are photos of a reduced size of the proposed mural prepared with acrylic at a 1:12 scale [1’= 1 ft.-0”] on three drawing canvases presented before the Mural Panel.

Mural Description:

The mural depicts a floral / garden scene with poppies, butterflies, duck family, and a tree with swing.

The purpose of the mural, which intentionally uses bright and happy colors, is to help restore hope Visalia City Council Printed on 6/3/2022Page 1 of 3
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File #: 22-0233 Agenda Date: 6/6/2022 Agenda #: 12.

The purpose of the mural, which intentionally uses bright and happy colors, is to help restore hope and bring beautification to the segment of Main Street that has seen two destructive fires in the last few years. In the words of the artist, the image will illustrate that new life is coming, and will help to change the narrative tone to hope and looking toward the future. Materials used for the project will consist of professional outdoor paint applied by brush.

Work is expected to begin within one week of receiving approval from the City Council. The artist, along with Downtown, will be responsible for the ongoing maintenance of the mural. As stated on the mural application, the artist has a resume of work done at local shops and numerous canvas paintings that have been exhibited locally.

Mural Agreement:

The City’sMural Guidelines requires that the applicant enter into an agreement that identifies the terms and conditions under which the mural will be applied. A draft of the mural agreement is attached to this report (see Attachment 4).

Mural Panel Review:

In accordance with the City’s Mural Guidelines and Procedures, the Mural Panel consisting of a representative from the Arts Consortium (Ampelio Mejia Perez), Arts Visalia (Alison Schlick Miniaci), and a mayoral appointment (Walter Deissler) convened to review the application. The purpose of the Panel is to assure compliance with local ordinances and the mural guidelines and to determine whether or not the artist has the ability to produce a quality piece of art. All members of the Mural Panel, together with the applicant and artist, met on June 1, 2022, to discuss the mural.

The Panel felt that the mural was composed in compliance with the City’sMural Guidelines (included as Attachment 5) and was in full support of the mural, noting the mural’sbeauty and portrayal of hope.

Fiscal Impact:

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

Prior Council Action:

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

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the mural application for a temporary mural on the south side of the building façade located at 312-316 West Main Street as shown in Attachment 2.

Environmental Assessment Status:

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

Visalia City Council Printed on 6/3/2022Page 2 of 3
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File #: 22-0233 Agenda Date: 6/6/2022 Agenda #: 12.

CEQA Review:

Attachments:

Attachment 1: Application.

Attachment 2: Rendering.

Attachment 3: Elevation of building prior to mural.

Attachment 4: Draft Mural Agreement.

Attachment 5: Mural Guidelines.

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Mural Proposal

South-facing façade from the fire-damaged building located at 312 through 316 W. Main Street. Photo date: April 2019. 358

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MURAL INSTALLATION AND MAINTENANCE AGREEMENT

This MURAL INSTALLATION AND MAINTENANCE AGREEMENT (the
“Agreement”) is made this 1st of June, 2022, in the City of Visalia, County of Tulare, State of California, by and between Downtown Visalians (“Sponsor”), Heidi Steinman (“Artist”) and the City of Visalia (“City”).

W I T N E S S E T H:

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

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

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

WHEREAS, pursuant to the City’s Mural Guidelines, following approval by the Mural Panel, the property owner or the Artist who have ownership of the mural are required to provide to the City Manager, or his/her designee, evidence of an agreement which identifies the terms and conditions under which the mural will be applied; and

WHEREAS, Sponsor has obtained permission from the property owner, Franey Family Limited Partnership, to place a temporary mural on the façade and wood paneling along the front of their property, wherein temporary plywood paneling has been placed upon the façade of the building of which the interior was destroyed by a fire, and wherein the mural is intended to improve the visual quality of the building until it is restored; and

WHEREAS, to comply with the City’s mural guidelines, Sponsor, Artist, and City desire to execute an agreement establishing the Parties’ rights and responsibilities with respect to the installation, maintenance, and ownership of the mural.

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

Article 1
Definitions

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

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

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

1.4 “Mural” means a sign as defined in V isalia Municipal Code, Chapter

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

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

Article 2
Sponsor’s Covenants

2.1 Authorization. The owners of the property located at 312-316 W.

Main Street, Visalia, California, (the “Property”), have authorized the Sponsor to install the proposed mural on the façade and wood paneling facing the south side of the Property, and will permit Artist to do so following this Agreement’s execution. Sponsor hereby acknowledges that the proposed mural design, location, and duration have been approved by the property owners. The Sponsor is entering this Agreement as the party responsible for the mural on behalf of the property owners.

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

Article 3
Artist’s Covenants

3.1 Installation. Artist covenants to complete installat ion of the mural on the south-facing façade on the Property within 120 days after this Agreement’s execution.

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

Article 4
Term, Termination, and Extension

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

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

4.3 City’s Termination. City may elect to terminate this Agreement without any liability to Artist , Sponsor, or the property owner if the Mural is not maintained in accordance with Section 7.1.

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

Article 5
Mural Specifications

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

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

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

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

5.5 Configuration and Dimensions. The mural shall be of the s ame configuration and dimensions as the scale rendition preliminarily approv ed by the Mural Panel and Sponsor.

Article 6
Installation

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

6.2 Notice of Installation. Artist shall provide advance notice in writing to the Sponsor of the date and time Artist intends to install the m ural. Artist may thereafter 361

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proceed with the insta llation if Sponsor is not present, unless Sponsor notifies Artist in writing otherwise.

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

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

6.5 Application for Encroachment Pe rmit. Artist or the Sponsor shall determine whether installation of the mural requires an encroachment permit pursuant to Visalia Municipal Code § 12.12.010, which requires an encroachment permit for any work performed in the public right of way or utility easements in the City, and, if required, Artist or the Sponsor shall acquire said permit prior to commencing the mural’s installation.

Article 7
Maintenance and Repairs

7.1 Maintenance and Repairs. The Sponsor shall be responsible for maintaining the mural in good condition at all times while this Agreement is in f orce. If, for any reason, the m ural is not so maintained, as determined by City, City shall notify Sponsor of the need to perform maintenance and/or repai rs and identify the actions necessary for compliance with this provision. If, after thirty (30) days from the date of the City’s notification to Sponsor of the need for maintenance and/or repairs, and the Sponsor has not performed the actions identified by City as being necessary for compliance with this provision, then City shall have permission to access the façade on the Property and perform any necessary maintenance and/or repairs at Sponsor’s expense.

7.2. Access. Sponsor, under the authorization granted by the property owner hereby grants City and Artist a right of access to the Property to paint the mural and to perform maintenance and repairs required pursuant to this Agreement , and otherwise to ensure the mural remains in good condition while this Agreement is in force.

Article 8
Removal

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

8.2 Removal by Sponsor. The Sponsor or the property owner may remove the mural at their expense if either reasonably determines that the mural is harming the Property or limiting the potential usage of the Property, such as when another building is built and the temporary façade where the mural will be located is removed ; provided that Sponsor shall provide Artist and City with sixty (60) days’ notice that it intends to 362

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remove the m ural at th e end of the notice period. If possible, Sponsor shall work with Artist and City to find another suitable site for the mural.

Article 9
Insurance and Indemnification

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

9.2 Indemnification and Coordination. Unless insurance coverage has been obtained in accordance with Section 9.1, Sponsor and Artist hereby agree:

(i) to jointly and severally indemnify City for any costs the City incurs in connection with the mural caused by the actions of the Sponsor or Artist, their officers, employees, or agents, or any person who was under their control insofar as permitted by law. Further, Sponsor and Artist hereby agree to hold harmless, indemnify, and defend the City of Visalia, its officials, members, agents , and employees against any claims, costs, damages, demands, liability , and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of either party in connection with the mural, regardless of whether the city is acti vely negligent or passively negligent, except for those claims, costs, damages, demands, liability , and notices, or any of these, caused solely by the negligence or willful misconduct of City; and

(ii) to cooperate with the City to respond to specific risks, hazards, and dangers to public health and safety that are reasonably foreseeable consequences of the activity contemplated by this Agreement.

Article 10
Intellectual Property

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

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

10.3 Sponsor’s Intellectual Property License. Artist hereby grants to Sponsor, and to Sponsor’s agents, authorized contractors and assigns , and to City an unlimited and irrevocable license to do the following with respect to the Mural:

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(i) Sponsor may use and display the mural on the Property only.

(ii) Sponsor and City may make, display, and distribute, and authorize the making, display, and distribution of photographs and other reproductions of the mural. Sponsor and City may use such reproduc tions for any Sponsor -related or City - related purpose, including advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic, and multimedia publicity.

Sponsor and City shall ensure that such reproductions are made in a professional and tasteful manner, in their sole and reasonable judgment. Sponsor and City shall make reasonable efforts to ensure that such reproductions include the following credit line and copyright notice where practicable: “ [Title of Artwor k]” © [Year of completion] by [Artist’s name]. Failure to include such credit line and notice in any reproductions shall not constitute a breach of this agreement. Neither Sponsor nor City may license or sublicense its rights for any private or commercial purpose. This license granted hereunder does not include the right to sell photographs or r eproductions of the mural or to reproductions.

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

10.5 Publicity. Sponsor and City shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reprod uction and distribution of the m ural. Artist shall be reas onably available to attend any ceremonies related to the mural.

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

10.7 Waiver of Artist’s Rights. With respect to the mural produced under this Agreement, and in consideration of the procedures and remedies specified in this Agreement, Artist hereby waives any and all claims, arising at any time and under any circumstances, against Sponsor and City, its officers, agents, e mployees, successors and assigns, arising under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987, et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§ 987, et seq., or any other type of moral right protecting the integrity of works of art. Specifically, Artist hereby waives any and all such claims against Sponsor, the current property owners and any future owners of the Property, and its agents, officers and em ployees, and City. Artist hereby represents and warrants that the Artist is authorized to sign this waiver. 364

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Article 11
Miscellaneous Provisions

11.1 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL

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

ANY SPECIAL, CONSEQUENTIAL, INDIRECT , OR INCIDENTAL DAMAGES,

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

AGREEMENT, OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS

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

11.2 Survival. The provisions contained in Article 10 shall survive the expiration or termination of this Agreement.

11.3 Modification and Amendment. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement.

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

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

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

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

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

11.9 Attorney Fees. In the event either party commences legal proceedings for the enforcement of this Agreement, the prevailing party shall be entitled to recovery of its attorney’s fees, litigation expenses, and court costs incurred in the 365

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

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

Sponsor: Downtown Visalians
120 S. Church
Visalia, CA 93291

Artist: Heidi Steinman
________________
________________

City City of Visalia,
Attn: Leslie Caviglia, City Manager
220 N. Santa Fe Street
Visalia, CA 93292

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.

Sponsor

______________________________
Steve Nelson, Executive Director
Downtown Visalians
City

______________________________
Leslie Caviglia
City Manager

Artist

______________________________
Heidi Steinman

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1 CITY OF VISALIA

MURAL GUIDELINES AND PROCEDURES

INTRODUCTION:

Murals are considered signs and, as such, are governed by the City’s sign ordinance found in Chapter 17.48 of the Visalia Municipal Code (“VMC”). Murals require the issuance of a permit fro m the City pursuant to VMC §17.48.030. Murals which are non-commercial, contain no advertising copy and which do not function as an advertisement are allowed, subject to review by the Mural Panel and final approval by the City Council (VMC §17.48.040(S).). These guidelines are provided to assist mural applicants through the process prior to presentation to City Council.

PURPOSE: To define the process used by groups or individuals (“applicants”) who desire to install murals in Visalia public places. T he City of Visalia understands the importance of art in public places and the role that murals play in preserving our culture, conveying the history of our community, beautifying the city and advancing the arts. These guidelines will provide direction to applicants wishing to install murals in public places.

DEFINITIONS:

“Parks Commission” means the Visalia Parks and Recreation Commission which is responsible for City of Visalia Parks.

“Planning Commission” means that Visalia Planning Commission resp onsible for approving variances in the sign ordinance.

“Public places” means places within the City limits of Visalia, which are visible to the public.

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

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

“Mural” means a sign as defined in VMC Chapter 17.48. It is also generally described as a picture or representation, in any type of medium, on an exterior surface of a building, structure, fence or garden wall.

“Mural Panel” means a group of individuals approved by the City Manager to review applications to place murals in public places prior to presentation to Council. Mural Panel will be comprised of one (1) representative from the Arts Consortium, one (1) representative from Arts Visalia, and one (1) representative appointed by the Mayor.

In all cases, the person appointed should have no involvement/conflict of interest with the mural under consideration. The representatives will be appointed by the Chair of these organizations and the Mayor upon the receipt of a Mural Application.

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2 “Preliminary Approval” means the application has been accepted, found to be in good order and complete and the proposed mural is deemed appropriate by the mural panel.

GENERAL GUIDELINES:

1. The emphasis of the murals will be on “artistic expression” and m ust not include an advertisement or be commercial in nature. This will in no way limit or restrict the artist’s right to include speech and /or artistic expression in a mural that is not commercial as defined above . All murals must comply with City ordinances that prohibit indecency or obscenity in public.

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

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

4. Not more than 1% of the mural will contain the name of a sponsor and/or sponsor product likeness. The artist’s signature shall not be more than 1% of the mural.

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

6. Mural artists will be required to demonstrate their ability and experience to create high qu ality, well design ed and well executed murals and/or art. The artist must provide the Mural Panel a portfolio of work that is reflective of the style of the proposed mural. This will be used to help determine whether the artist will be able to uphold the standards for quality art with in the City of Visalia. For those artists without a portfolio of work , the Mural Panel will consider other presented forms of art that demonstrate an ability to create a quality mural.

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3 7. New murals erected without receiving p roper approval and that did not go through the Mural Application and Approval Process, will be required to retroactively go through the Process. Property owners will have 30 days after receiving notification to submit a mural application after which the m ural will be deemed a sign and subject to all permitting requirements of VMC 17.48. The retroactive mural applications will be required to comply wi th all Mural Guidelines and must receive City Council approval. Murals that fail to be approved will be removed within 30 days after the denial at the property owners expense.

APPLICATION AND APPROVAL PROCESS:

STEP 1: Muralist(s) must obtain an application from the Community Development Department office at 315 E. Acequia Ave. or online at www.visalia.city. The time required to process a mural application will vary but will be a maximum of 90 days from application submittal. The application will provide information to the City regarding location, size, concept and content of the mural, type of paint/medi a, owner of the building where the mural will be located, artist(s), dates of application, individuals who will be responsible for maintenance . The application must be signed by the individual/group proposing to place the mural, as well as the property owner where the mural will be placed and submitted to the City Manager or his/her designee along with a 1:12 scale [1”=1 ft. -0”] sketch, rendering or photo of the proposed mural.

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

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

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

STEP 4: After review and acceptance of the artist’s body of work, the Mural Panel will make a recommendation to the City Council for appr oval of the mural application which is the final approval step.

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4 MURAL AGREEMENT:

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

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

The proposed agreement will be provided to the Mural Panel and will be submitted to City Council along with the recommendation of the Mural Panel and, if necessary, the Park Commission.

APPEAL TO CITY COUNCIL:

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

FINAL INSPECTION AND ACCEPTANCE:

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

Revised 3-05-14

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0219 Agenda Date: 6/6/2022 Agenda #: 1.

Agenda Item Wording:

Public Hearing and Adoption of Resolution 2022-13 which allows the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for Curb and Gutter, Sewer Connection, Deferred Parking in Lieu Fees, Deferred Impact Fees, Property and Business Improvement District, Northeast Improvement District, Landscape and Lighting Maintenance District, Landscape and Lighting Parks Construction, Open Space Assessment District, Village West Street Improvements, Orchard Walk East/West Utility Assessment District, Laura and Atwood Water Main Assessment District, Delinquent Utilities, Code Enforcement, and Weed & Lot Abatement.

Deadline for Action: 6/6/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Ruth Pena, 713-4327, [email protected] <mailto:[email protected]>
Department Recommendation:

It is recommended that the City Council conduct a public hearing to allow individuals an opportunity to protest any charges they believe are being assessed improperly. After holding the Public Hearing, it is recommended the Visalia City Council adopt Resolution 2022-13 which allows the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for collection.

Background Discussion:

Summary: Each year, the Council considers a Resolution to place assessments on the property tax roll for collection. The total parcels and amounts requested to be placed on the tax roll are preliminary until the final filing date of August 10, 2022, with the Tulare County Auditor-Controller’sOffice. Until the filing date, the list may change due to payments being received or parcel numbers being removed if they are not active in the County data base. The final list, and its assessments, will not increase from the preliminary listing. The only changes that will occur will result in a decrease in parcels submitted and dollar amount assessed. A final listing of the parcel numbers and amounts assessed will be available after August 31, 2022.

The preliminary amount for fiscal year 2022/23 is $7,766,115 and will be assessed on 25,109 parcels. It is possible that some parcels may receive more than one type of assessment, resulting in a reduction in the number of actual parcels being assessed.

Background Discussion:

The placing of miscellaneous special assessments on the Tulare County secured property tax roll is an annual process which allows the City to collect fees for three general categories:

1. Agreements Entered Into at the Property Owner’s Request · Curb and Gutter
· Sewer Connection
· Deferred Parking in Lieu Fees
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File #: 22-0219 Agenda Date: 6/6/2022 Agenda #: 1.
· Deferred Impact Fees

2. Special District Assessments
· Property and Business Improvement District
· Northeast Improvement District
· Landscape and Lighting Maintenance District
· Landscape and Lighting Parks Construction
· Open Space Assessment District
· Village West Street Improvements
· Orchard Walk East/West Utility Assessment District
· Laura and Atwood Water Main Assessment District

3. Delinquent Service Charges
· Utilities
· Code Enforcement
· Weed and Lot Abatement
City departments are responsible for calculating and levying the charges and fees for the services they render, and the assessments they administer. The property owners are notified of the tax roll assessment individually, and in accordance with the applicable law, at: 1) the time of the agreement, as in the case of the owner requested services; 2) through a balloting process, as in the case of assessments in Landscape and Lighting Districts that do not have an automatic annual increase provision; and 3) receipt of a 45 day notice by mail, as in the case of delinquent service charges. Property owners are also notified of the tax roll assessment through a 10-day notice of the Public Hearing published in the newspaper by the City Clerk. All notifications and public hearings are in accordance with the Visalia Ordinance Code, Proposition 218, and California Law.

A preliminary listing, including the parcel number and the dollar amount to be assessed will be on file with the City Clerk after June 6, 2022. The listing is preliminary until the final filing date of August 10, 2021, with the Tulare County Auditor-Controller’sOffice. Until the filing date, the list may change due to payments being received or parcel numbers being removed due to not yet being active in the County data base. The final list will not increase from the preliminary listing. The only changes that will occur will result in a decrease in parcels submitted and dollar amount assessed. A final listing of the parcel numbers and amounts assessed will be on file with the City Clerk after August 31, 2022.

A comparison of the FY 2022/23 current year preliminary assessments with the 2021/22 prior year preliminary assessments is shown in Table I: Tax Roll Summary. The table shows an increase of 721 parcels in this year’stax roll compared to last year, primarily due to having more delinquent utility accounts and additional landscape and lighting lots.

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File #: 22-0219 Agenda Date: 6/6/2022 Agenda #: 1.

Attachment 2 provides a comparison of FY 2021/22 preliminary and final numbers and the FY 2022/23 preliminary numbers. The final tax roll is always less than the preliminary tax roll due to property owners making payments until the final list is submitted to the County.

The following are descriptions of the categories, the types of assessments within each category and the preliminary amounts expected to roll to taxes in FY 2022/23 for each assessment.

1. Agreements Entered Into at the Property Owner’s Request The assessments below are supported by an agreement between the City of Visalia and the property owner.
· Curb & Gutter: 2 Parcels totaling $2,303
These assessments are for the construction of curb and gutter or sidewalk for the specific parcel. This type of special assessment is for property owners that opted to pay for the construction costs through their property tax bill over a period of up to ten years. A 5% interest rate is charged on the outstanding principal balance each year. · Sewer Connection: 56 Parcels totaling $48,382
These assessments are for the construction of the main line and lateral for connection to the Visalia Wastewater Treatment Plant for property owners that opted to pay connection costs through their property tax bill over a five or ten year period. A 5% interest rate is charged on the outstanding principal balance each year.
· Deferred Parking in Lieu Fees: 1 Parcel totaling $6,533 These assessments are for deferred parking in-lieu fees for Downtown Parking District businesses that elect to pay their parking in-lieu fees over a five-year period at the current Visalia City Council Printed on 6/3/2022Page 3 of 6
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File #: 22-0219 Agenda Date: 6/6/2022 Agenda #: 1.
interest rate, as allowed by City Ordinance. This is the final payment. · Deferred Impact Fees: 12 Parcels totaling $429,972
These assessments are for certain eligible companies whose operations meet specific guidelines established by City Ordinance. The ordinance allows these companies to elect to pay their development impact fees over five years on the property tax roll.

2. Special District Assessments
The following assessments represent Special Districts that are placed on the Tulare County secured property tax roll. Proposition 218 requires that any increase be approved by a vote of the property owners unless the district was created with or has implemented a benefit assessment increase allowance. · Property and Business Improvement District (PBID): 279 Parcels totaling $418,479 PBID V, with a term of January 1, 2020, through December 31, 2029, was approved on July 15, 2019. The PBID District will benefit from the improvements, projects, programs and activities funded by the assessments. With the approval of Council, the funds are administered by the Downtown Property Owners Association (POA) which was created for this specific purpose.

The POA currently subcontracts the daily operation of the PBID to the Downtown Visalians & Alliance, a non-profit organization formed to improve the image and economic vitality of the downtown commercial district.

The PBID preliminary amount shown above represents the portion of PBID assessments which can be placed on the tax roll. The remaining PBID assessments are for properties owned by public agencies, which do not pay property tax, and will be billed through City Accounts Receivable. The City Council approved a 5% increase in the annual assessment on May 16, 2022 which is included in this amount.
· Northeast Improvement District: 3,234 Parcels totaling $156,386 This special assessment is for the Northeast Open Space and the assessments are used to develop and maintain the Northeast Area Specific Plan. This includes the maintenance of the landscape and lighting along the medians in St. Johns Parkway, Mill Creek Parkway, Lovers Lane and improvements along Houston Ave.
· Landscape & Lighting Maintenance Districts (L&L): 19,529 Parcels totaling $5,358,617 These special assessments are for the maintenance of improvements in L&L Maintenance Districts. This includes the annual cost of maintaining common area real property improvements in and around specific subdivisions. Each subdivision parcel shares equally in the annual cost of the landscape maintenance. In general, additions to L&L districts lag a year or two when being added to the tax roll. The increase in parcels is due to the creation of new districts and annexations into existing districts. Increases in assessments may be due to these newly added parcels, automatic assessment increases, or the result of a ballot process. · Landscape & Lighting Parks Construction: 256 Parcels totaling $23,675 These special assessments are for park construction costs that have been financed through a General Fund loan to be repaid over a 20-year period. The FY22/23 assessments are for the Majestic Park loan which will be paid off by 2036.
· Open Space Assessment District: 137 Parcels totaling $13,368 These special assessments are for the costs related to maintenance of landscaping in the district.

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· Village West District: No Assessment
These special assessments are for the debt service costs of bonds issued to pay for street improvements. The bonds will mature on September 2, 2022. As of June 30, 2021, the remaining principal balance was $5,234, repayable out of assessments collected in 2021/22, which is the final year of the assessment.
· Orchard Walk East/West Utility District: 12 Parcels totaling $58,274 These special assessments are for the debt service costs of bonds related to improvements for underground utilities. The formation of this Assessment District was approved on October 19, 2009 and the bonds will mature on September 2, 2026. As of June 30, 2021, $225,000 of the principal balance remained outstanding.
· Laura and Atwood Water Main Assessments: 18 Parcels totaling $20,131 These special assessments are for extending Cal Water Service water mains to homes in the Laurel and Atwood Street neighborhoods. The cost of the extensions is being repaid from a 15- year bond assessment which the property owners will repay with their property tax payment at 4% interest. The balance is scheduled to be paid off in 2030. As of June 30, 2021, $147,388 of the principal balance remained outstanding.

3. Delinquent Service Charges
The remaining assessments are collection charges which provide a means for the City of Visalia to annually collect money owed to the City which the City has not been able to collect through the normal billing process.
· Utilities: 1,307 Parcels totaling $816,219
These assessments are used for accounts with delinquent service charges for refuse and/or sewer service. Delinquencies collected in this manner are limited to amounts owed in the property owners name at the specific parcel. For delinquent accounts owed by property owners, Finance recalls the uncollected debt from the collection agency and places the past due amount on the tax roll.
· Code Enforcement: 231 Parcels totaling $390,570
These assessments are for code enforcement cost recovery fees, which are based upon administrative costs and cost of enforcement. The fees included are for building, fire department, natural resource conservation, and animal control code violations. · Weed and Lot Clearing: 35 Parcels totaling $23,206
These assessments are for the clearing of weeds and/or other material that pose a fire hazard on properties. These are assessed by the Fire Department.

Fiscal Impact:

If not approved, this will negatively affect several funds and could potentially require increased fees and charges to subvent non-collectable accounts through alternative billing methods.

Prior Council Action: Council has authorized Finance to submit the annual tax roll for many years to ensure collection of special assessment fees and delinquent service charges.

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File #: 22-0219 Agenda Date: 6/6/2022 Agenda #: 1.

Other: N/A
Alternatives: Do not authorize Finance to submit the tax roll. This will negatively affect several funds and could potentially require increased fees and charges to subvent non-collectable accounts through alternative billing methods.

Recommended Motion (and Alternative Motions if expected):

I move to adopt Resolution 2022-13 which allows the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for Curb and Gutter, Sewer Connection, Deferred Parking in Lieu Fees, Deferred Impact Fees, Property and Business Improvement District, Northeast Improvement District, Landscape and Lighting Maintenance District, Landscape and Lighting Parks Construction, Open Space Assessment District, Village West Street Improvements , Orchard Walk East/West Utility Assessment District, Laura and Atwood Water Main Assessment District, Delinquent Utilities, Code Enforcement, and Weed & Lot Abatement.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

Attachment 1: Resolution 2022-13
Attachment 2: Tax Roll Summary Attachment
3: PPT Presentation
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ATTACHMENT 1

RESOLUTION NO. 2022-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA

CERTIFYING TO THE COUNTY THE VALIDITY OF THE LEGAL PROCESS

USED TO PLACE MISCELLANEOUS SPECIAL ASSESSMENTS ON THE

SECURED TAX ROLL

WHEREAS, Section 25831 of the Government Code and Section 40059 of the Public Resources Code establishes the procedure for collection of solid waste fees remaining unpaid to the local agency for 60 days or more; and

WHEREAS, Sections 38771-38775 of the Government Code authorizes cities to declare what constitutes a nuisance, establish a procedure for the abatement of a nuisance, and make the cost of abatement of a nuisance a special assessment against the parcel; and

WHEREAS, Sections 5610-5630 of the Streets and Highways Code authorizes cities to recover the costs of repairing sidewalks, curbs, and gutter as a special assessment, Sections 22500-22679 authorize the creation of landscape and lighting assessment districts ; and

WHEREAS, the City is a charter law cit y under the laws of the State of California and authorized to possess, and exercise all powers and rights vested in said City of Visalia, under its charter, the Constitution of California and the laws of the state, and all powers which a municipal corporation may lawfully possess or exercise under the Constitution of California, which include but are not limited to the sewer services, creation of assessment districts, creation of underground utility districts, and for the collection of development impact fees; and

WHEREAS, the written notices have been mailed to all delinquent accounts, and the required public hearings have been held as specified by the Visalia Ordinance Code; and

WHEREAS, a public hearing was held on June 6, 2022; and

WHEREAS, the City is placing miscellaneous special assessments on the Tulare County secured property tax roll for collection; and

WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments to be collected; and

WHEREAS, the special assessments have been levied in accordance with a particular benefit to each parcel to be assessed without regard to its assessed valuation; and

WHEREAS, the Curb and Gutter special assessments are for the constructi on of curb and gutter or sidewalk for the specific parcel; and

WHEREAS, the Sewer Connection special assessments are for the construction of the service lateral and for connection to the Visalia Waste Water Treatment Plant for the specific parcel; and

WHEREAS, the Deferred Parking in Lieu Fee special assessments are for downtown businesses that elect to pay their parking in lieu fees as allowed by City Ordinance; and

377
WHEREAS, the Deferred Impact Fee special assessments are for the development impact fees of eligible companies whose operations have met the specific guidelines established by City Ordinance; and

WHEREAS, the Property and Business Improvement District special assessments are for the improvements, projects, programs and activities of the Visalia downtown; and

WHEREAS, the Northeast Improvement District special assessments are used to develop and maintain the Northeast Area Specific Plan; and

WHEREAS, the Landscape & Lighting Maintenance District special assessments are used for maintenance and operation of the improvements situated in the specific Maintenance District; and

WHEREAS, the Landscape & Lighting Parks Construction special assessments are used for the repayment of a General Fund loan that financed the construction of Majestic Park in the Woodside Sousa District ; and

WHEREAS, the Open Space District special assessments are used for maintenance and operation of the improvements situated in the specific Maintenance District; and

WHEREAS, the Orchard Walk East/ West Utility special assessments are for the repayment of debt associated with the costs and expenses to improve underground utilities; and

WHEREAS, the Laura and Atwood Water Main special assessments are for the repayment of a 15 year bond for water main extensions in these specific neighborhoods; and

WHEREAS, the Delinquent Utilities special assessments are used for the payment of delinquent service charges for refuse and/or sewer service that are billed for city services only accounts; and

WHEREAS, the Code Enforcement special assessments are used for the cost recovery of Code Enforcement fees for the specific parcel; and

WHEREAS, the Weed & Lot Abatement special assessments are used for the clearing of weeds and other materials from lots which pose a fire hazard.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Visalia t hat the list submitted with parcel numbers, and amount are certified as being correct, the Finance Director is hereby directed to give the list to the Tulare County Auditor for placement on the secured tax roll for collection:

1. Curb and Gutter special assessments,

2. Sewer Connection special assessments,

3. Deferred Parking in Lieu Fee special assessments,

4. Deferred Impact Fee special assessments,

5. Property and Business Improvement District special assessments,

6. Northeast Improvement District special assessments,

7. Landscape and Lighting Maintenance District special assessments,

8. Landscape and Lighting Parks Construction special assessments,

9. Open Space District special assessments,
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10. Orchard Walk East/West Utility special assessments,

11. Laura and Atwood Water Main special assessments,

12. Delinquent Utilities special assessments,

13. Code Enforcement special assessments,

14. Weed and Lot Clearing special assessments.

PASSED AND ADOPTED:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA

379
Increase/ Increase/
(Decrease) (Decrease)
# of Parcels $ Amount # of Parcels $ Amount # of Parcels $ Amount # of Parcels $ Amount Owner Requested Services
Curb & Gutter 3 4,555 3 4,555 2 2,303 (1) (2,252) Sewer Connection 57 47,156 57 47,156 56 48,382 (1) 1,226 Deferred Parking In Lieu Fees 1 6,714 1 6,714 1 6,533 - (181) Deferred Impact Fees 11 357,541 11 357,541 12 429,972 1 72,431 Subtotal 72 415,966 72 415,966 71 487,190 (1) 71,224 Special District Assessments
Property and Business Improvement District 280 399,034 279 398,550 279 418,479 - 19,929 Northeast Improvement District 3,234 156,386 3,234 156,386 3,234 156,386 - - Landscape & Lighting Maintenance Districts 19,004 4,982,718 18,780 4,962,532 19,529 5,358,617 749 396,085 Landscape & Lighting Parks Construction 256 23,675 256 23,675 256 23,675 - - Open Space Assessment District 137 13,368 137 13,368 137 13,368 - - Village West Street Improvements 34 5,599 34 5,599 - - (34) (5,599) Orchard Walk East/West Utility Assessment District 12 61,366 12 61,366 12 58,274 - (3,092) Laura and Atwood Water Main Assessment District 18 19,911 18 19,911 18 20,131 - 220 Subtotal 22,975 5,662,057 22,750 5,641,387 23,465 6,048,930 715 407,543 Delinquent Service Charges
Utilities 1,076 726,544 841 571,945 1,307 816,219 466 244,274 Code Enforcement 214 158,019 157 82,940 231 390,570 74 307,630 Weed & Lot Abatement 51 47,996 43 38,481 35 23,206 (8) (15,275) Subtotal 1,341 932,559 1,041 693,366 1,573 1,229,995 532 536,629 Total 24,388 7,010,582$ 23,863 6,750,719$ 25,109 7,766,115$ 1,246 1,015,396$ ATTACHMENT 2
Tax Roll Summary
Change from prior Year
FY 2021/22 - PreliminaryFY 2021/22 - Final FY 2022/23 - Preliminary 380
2022-23 TAX ROLL

ASSESSMENTS
381

TAX ROLL PROCESS
• Annually, Council approves fees and charges to be
placed on the Tax Roll
• Items contested during the Public Hearing are
discussed in detail at the next meeting
• The final parcels and amounts are due to the
County by August 10th
• Amount presented tonight is higher than the final
amount due to payments being received until June
30th
382

TAX ROLL CATEGORIES

1. Agreements Entered Into at the
Property Owner’s Request

2. Special District Assessments

3. Delinquent Service Charges
383

OWNER REQUESTED SERVICES
Owner Requested Services Total: $487,190
•Curb and Gutter: $2,303 – 2 parcels
•Sewer Connection: $48,382 – 56 parcels
•Deferred Parking in Lieu Fees: $6,533 – 1 parcel
•Deferred Impact Fees: $429,972 – 12 parcels
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SPECIAL ASSESSMENTS (1 OF 2)
Special Assessments Total: $6,048,930
• Property and Business Improvement District (PBID):
$418,479 – 279 parcels
• Northeast Improvement District: $156,386 – 3,234 parcels • Landscape and Lighting Districts: $5,358,617 – 19,529 parcels
• Landscape and Lighting Parks Construction: $23,675 –
256 parcels
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SPECIAL ASSESSMENTS (2 OF 2)
Special Assessments Total: $6,048,930
• Open Space Assessment District: $13,368 – 137 parcels • Orchard Walk East/West Utility District: $58,274 – 12 parcels
• Laura and Atwood Assessments: $20,131 – 18 parcels
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DELINQUENT SERVICE CHARGES
Delinquent Service Charges Total: $1,229,995
•Delinquent Utilities: $816,219 – 1,307 parcels
•Code Enforcement: $390,570 – 231 parcels
•Weed and Lot Abatement: $23,206 – 35
parcels
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TAX ROLL SUMMARY
Increase/ Increase/
(Decrease) (Decrease)
# of Parcels $ Amount # of Parcels $ Amount # of Parcels $ Amount Owner Requested Services
Curb & Gutter 3 4,555 2 2,303 (1) (2,252) Sewer Connection 57 47,156 56 48,382 (1) 1,226 Deferred Parking In Lieu Fees 1 6,714 1 6,533 - (181) Deferred Impact Fees 11 357,541 12 429,972 1 72,431 Subtotal 72 415,966 71 487,190 (1) 71,224 Special District Assessments
Property and Business Improvement District 280 399,034 279 418,479 (1) 19,445 Northeast Improvement District 3,234 156,386 3,234 156,386 - - Landscape & Lighting Maintenance Districts 19,004 4,982,718 19,529 5,358,617 525 375,899 Landscape & Lighting Parks Construction 256 23,675 256 23,675 - - Open Space Assessment District 137 13,368 137 13,368 - - Village West Street Improvements 34 5,599 - - (34) (5,599) Orchard Walk East/West Utility Assessment District 12 61,366 12 58,274 - (3,092) Laura and Atwood Water Main Assessment District 18 19,911 18 20,131 - 220 Subtotal 22,975 5,662,057 23,465 6,048,930 490 386,873 Delinquent Service Charges
Utilities 1,076 726,544 1,307 816,219 231 89,675 Code Enforcement 214 158,019 231 390,570 17 232,551 Weed & Lot Abatement 51 47,996 35 23,206 (16) (24,790) Subtotal 1,341 932,559 1,573 1,229,995 232 297,436 Total 24,388 7,010,582$ 25,109 7,766,115$ 721 755,533$ TABLE 1: TAX ROLL SUMMARY
Change from prior Year
FY 2021/22 - Preliminary FY 2022/23 - Preliminary
388

ACTION REQUIRED TONIGHT
•Conduct Public Hearing to allow
individuals to protest any charges they
believe are being assessed improperly.
•Action Recommended - Approve all
tax roll items that were not protested
during the Public Hearing.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0217 Agenda Date: 6/6/2022 Agenda #: 2.

Agenda Item Wording:

Conduct the first of two public hearings on the proposed Fiscal Years 2022/23 & 2023/24 Measure N budget.

Deadline for Action: 6/30/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Renee Nagel, 4375 Amee Swearingen, 4170 Department Recommendation:

That the City Council conduct the first of two public hearings to receive comment on the proposed Measure N budgets for FY 2022/23 and 2023/24.

Background Discussion:

In November of 2016, the voters of Visalia passed a ½ cent Sales Tax Override, Measure N - The Visalia Essential City Services Measure. Sales Tax from Measure N will provide for essential city services such as police and fire, as well as maintenance of parks and roads. The measure uses a detailed, 10 year plan which includes hiring of personnel, construction of capital projects and equipment purchases.

As part of the measure, Council adopted an Accountability Ordinance (Ordinance 16-21) to establish accountability measures as outlined:

Revenues:
· 10% of budgeted revenues must be deposited in an Uncertainty Fund. Money can only be accessed during a fiscal emergency;
· 10% of budgeted revenues must be deposited into the following categories:
o 2% Youth Programs
o 8% Maintenance and Emerging Needs
Expenditures:
· Money shall not be used for debt service payments;
· Annual expenditure plan must be approved by Council after the following has occurred:
o City Manager makes a recommendation to City Council and makes changes as requested (tonight’s discussion);
o Comments and recommendation received by Sales Tax Oversite Board; o Two public Hearings are held at regular Council Meetings to consider expenditure plan The Measure N Budget requires two public hearings and has to be adopted by June 30, 2022 to be able to spend in FY 2022/23. In order to meet this timeline, staff presents the Measure N budget separately from the Citywide budget. The proposed Measure N budget for FY 2022/23 and 2023/24 was reviewed with Council on May 2, 2022. The Measure N Oversight Committee reviewed the proposed budget on May 19, 2022 and unanimously approved the recommended budget.

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File #: 22-0217 Agenda Date: 6/6/2022 Agenda #: 2.
2022/23 & 2023/24 Proposed Budget
The budget includes the amended expenditure plan that includes changes over the past 6 years, as shown in Table 1, 2022/23 Proposed Measure N Amended Plan (Year 6). The recommended budget for the 2022/23 budget, including the Economic Uncertainty Fund, is $14.6 million. The budget includes $1.5 million in the Remaining Emerging Needs category. This amount doesn’t include prior years monies that have been accumulating since the plan started. These funds will be brought back to Council and the Oversite Committee once a policy and/or plan has been established, which will occur following the completion of this budget process.

Table 1
2022/23 Proposed Measure N Amended Plan (Year 6)
Police 25 Police Officers 3,824,500 2% Youth Programs 10 Professional Staff 1,000,500 Youth Programs 385,700 2 Cars & Equipment for new staff 93,900
Operating Expenses 565,200 8% Maintenance & Emerging Needs Body Cameras 198,000 Building Maintenance -
5,682,100 Remaining Emerging Needs* 1,542,700
Total 1,542,700
Roads Street Maintenance 3,600,000
Economic Uncertainty Fund 757,910
2 Park Maintenance Emp. 185,700 @ 10% of annual revenues 1 Urban Forest Emp. 92,100
1 Recreation Coordinator 103,600 Grand Total14,569,210 Trailsway Maintenance 55,000
Tree Maintenance 55,000
Building Maintenance 55,000
New Park Maintenance 55,000
Operating Expenses 77,800
679,200
Fire 9 BC, Admin Capt, & Squad Staffing1,398,800
Operating Expenses 243,600
1,642,400
Other State Fees, Audits, Accounting 279,200
279,200
Essential Serivces Total 11,882,900
*Note: The Remaining Emerging Needs money will
not be spent until staff returns to Council with a
recommended policy/plan.

Parks
& Rec
In FY 2022/23, the plan adds 1 professional staff position and 1 Police Officer. The professional staff position will be an additional Communications Operator in the Police Department. In addition, staff recommends amending the Measure N Plan to include an additional professional staff person. This position will be a Media & Community Relations Coordinator for the Police Department. These duties are currently being performed by Visalia City Council Printed on 6/3/2022Page 2 of 5
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File #: 22-0217 Agenda Date: 6/6/2022 Agenda #: 2.
& Community Relations Coordinator for the Police Department. These duties are currently being performed by a Sergeant and a Community Outreach Coordinator. With the increasing media outlets and demand for information, it has become difficult for the Department to keep up with the demand along with the other sworn duties that are assigned. The plan for FY 2023/24 will be adding 1 Police Officer and zero professional staff.

The recommended budget for FY 2023/24 is $14.6 million as shown in Table 2, 2023/24 Proposed Measure N Amended Plan (Year 7).

Table 2
2023/24 Proposed Measure N Amended Plan (Year 7)
Police 26 Police Officers 4,122,200 2% Youth Programs 10 Professional Staff 1,044,800 Youth Programs 393,400 1 Police Cars & Equipment 61,800
Operating Expenses 499,700 8% Maintenance & Emerging Needs Body Cameras 201,000 Building Maintenance -
5,929,500 Remaining Emerging Needs* 1,573,600
Total 1,573,600
Roads Street Maintenance 4,000,000
Economic Uncertainty Fund 38,570
2 Park Maintenance Emp. 193,500 @ 10% of annual revenues 1 Urban Forest Emp. 96,200
1 Recreation Coordinator 107,900 Grand Total14,624,870 Trailsway Maintenance 56,000
Tree Maintenance 56,000
Building Maintenance 56,000
New Park Maintenance 56,000
Operating Expenses 77,800
699,400
Fire 9 BC, Admin Capt, & Squad Staffing1,454,700
Operating Expenses 250,900
1,705,600
Other
State Fees, Audits, Accounting 284,800
284,800
Essential Serivces Total 12,619,300
*Note: The Remaining Emerging Needs money will
not be spent until staff returns to Council with a
recommended policy/plan.

Parks
& Rec
Both years does not include funding for building maintenance as per the plan. However, the building maintenance capital project is projected to have a large balance of $1.7 million at the end of this fiscal year.

This balance will be used over the next two years. Staff will request in the next budget to amend the plan and appropriate additional funds.

Measure N Sales Tax
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File #: 22-0217 Agenda Date: 6/6/2022 Agenda #: 2.

The original Measure N plan was established in FY 15/16 which used a lower base line and a conservative growth to offset rising cost. Table 3 Measure N Sales Tax Projection shows the Sales tax coming in higher than the plan each year. The increase for the last two fiscal years is higher than normal with an increase of 18% and a projected 12% for this fiscal year. This higher-than-normal growth is due to the COVID Stay-at- home order which ended June 2021. During this time, most people spent their money on taxable goods instead of nontaxable items, such as travel and entertainment, as well as receiving multiple rounds of stimulus money. Staff is projecting the sales tax growth to continue over the next two years but at a much smaller percentage. The projected growth for FY 2022/23 & 2023/24 is 2% annually. This is a conservative number, however, could be realistic as this number builds upon the last two fiscal years that had higher than normal growth.

Table 3
Measure N Funding Sales Tax Projection
(in millions)
19/20
Original
Plan
19/20
Actuals
20/21
Original
Plan
20/21
Actuals
21/22
Original
Plan
21/22
Projected
22/23
Original
Plan
22/23
Proposed
23/24
Original
Plan
23/24
Proposed
Sales Tax 11.2 13.9 11.6 16.9 11.7 18.9 11.9 19.3 12.2 19.7 Difference 2.7 5.3 7.2 7.4 7.5 Any additional revenue that is received is split among 4 categories as outlined in the Measure N ordinance. In order to meet the requirements and to be able to track revenues and expenditures, per these categories, Measure N is tracked in 4 separate funds. This also allows each category to earn its own interest. It is important to have cash available in each category to be able to advance projects in the plan (if needed) and/or cover higher costs than what was outlined in the plan. The essential services fund has a large projected cash balance, however there are several current projects that will need additional funds such as Fire Station 56 &

51. Table 4 - Measure N Fund Balance Summary, shows each funds ending cash for both years based on the proposed 2 year budget.

Table 4
Measure N Fund Balance Summary
2022/23- Year 6 Beginning Cash
Projected
Revenues Transfer Expenditures
Ending
Cash
Essential Services 7,854,900$ 17,355,400$ 11,603,700$ 13,606,600$ 2 % Youth Programs 737,200$ 385,700$ 385,700$ 737,200$ 8% Maint & Emerging Needs 2,267,900$ 1,542,700$ 1,542,700$ 2,267,900$ Economic Uncertainty 1,170,470$ 737,910$ -$ 1,908,380$ Total 12,030,470$ 19,283,800$ 737,910$ 13,532,100$ 18,520,080$ 2023/24 - Year 7 Beginning Cash
Projected
Revenues Transfer Expenditures
Ending
Cash
Essential Services 13,606,600$ 17,702,500$ 12,334,500$ 18,974,600$ 2 % Youth Programs 737,200$ 393,400$ 393,400$ 737,200$ 8% Maint & Emerging Needs 2,267,900$ 1,573,600$ 1,573,600$ 2,267,900$ Economic Uncertainty 1,908,380$ 38,570$ -$ 1,946,950$ Total 18,520,080$ 19,669,500$ 38,570$ 14,301,500$ 23,926,650$ Visalia City Council Printed on 6/3/2022Page 4 of 5
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File #: 22-0217 Agenda Date: 6/6/2022 Agenda #: 2.
2022/23- Year 6 Beginning Cash
Projected
Revenues Transfer Expenditures
Ending
Cash
Essential Services 7,854,900$ 17,355,400$ 11,603,700$ 13,606,600$ 2 % Youth Programs 737,200$ 385,700$ 385,700$ 737,200$ 8% Maint & Emerging Needs 2,267,900$ 1,542,700$ 1,542,700$ 2,267,900$ Economic Uncertainty 1,170,470$ 737,910$ -$ 1,908,380$ Total 12,030,470$ 19,283,800$ 737,910$ 13,532,100$ 18,520,080$ 2023/24 - Year 7 Beginning Cash
Projected
Revenues Transfer Expenditures
Ending
Cash
Essential Services 13,606,600$ 17,702,500$ 12,334,500$ 18,974,600$ 2 % Youth Programs 737,200$ 393,400$ 393,400$ 737,200$ 8% Maint & Emerging Needs 2,267,900$ 1,573,600$ 1,573,600$ 2,267,900$ Economic Uncertainty 1,908,380$ 38,570$ -$ 1,946,950$ Total 18,520,080$ 19,669,500$ 38,570$ 14,301,500$ 23,926,650$ Council and the Measure N Oversite Committee has approved the proposed 2022/23 and 2023/24 budgets.

This is 1 of 2 public hearings. At the next public hearing, Council may adopt the plan after public comment.

Fiscal Impact:

None
Prior Council Action: May 2, 2022
Other: Measure N Oversite Committee - May 19, 2022
Alternatives: None
Recommended Motion (and Alternative Motions if expected):

None
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Click or tap here to enter text.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0222 Agenda Date: 6/6/2022 Agenda #: 3.

Agenda Item Wording:

Authorize Changes to Terms and Conditions of Employment related to a salary increase consistent with that being provided to other employees. Contract is by and between the City of Visalia and City Manager.

Deadline for Action: 6/6/2022
Submitting Department: Administration
Contact Name and Phone Number: Diane Davis, 713-4575
Department Recommendation:

Approve changes to terms and conditions of employment for the City Manager and authorize the Mayor to sign a second amendment to the City Manager Employment Agreement reflecting an 8% salary increase effective the pay period that includes July 1, 2022.

Background Discussion:

Leslie Caviglia was appointed City Manager on September 4, 2021 and entered into an Employment Agreement at that time. Per Section 3A of the Employment Agreement, the City may from time-to-time adjust the City Manager’s salary during the term of the agreement. Historically Council has authorized comparable compensation and benefit changes for the City Manager as it has for the unrepresented bargaining groups.

On June 6, 2022, Council authorized an 8% base wage increase for unrepresented and represented bargaining groups. The increase was provided in recognition of the City’s current positive financial status, the economic conditions impacting employees, and the value of its employees.

Consistent with the salary adjustment Council has approved for bargaining groups, it is recommended that Council approve an 8% salary increase for the City Manager effective the pay period that includes July 1, 2022.

Fiscal Impact:

Increase of $16,922 annually (from $211,526 to $228,448 annually) Prior Council Action: Closed session 05/16/2022
Other: n/a
Alternatives: Click or tap here to enter text.

Recommended Motion (and Alternative Motions if expected):

I move to approve changes to terms and conditions of employment for the City Manager and authorize the Mayor to sign a second amendment to the City Manager Employment Agreement reflecting an 8% salary increase effective the pay period that includes July 1, 2022. .

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File #: 22-0222 Agenda Date: 6/6/2022 Agenda #: 3.

Environmental Assessment Status: n/a
CEQA Review: n/a
Attachments: Second Amendment to City Manager Employment Agreement Visalia City Council Printed on 6/3/2022Page 2 of 2
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Second Amendment to City Manager Employment Agreement
City of Visalia and Leslie B. Caviglia

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SECOND AMENDMENT TO

CITY MANAGER EMPLOYMENT AGREEMENT

BETWEEN
THE CITY OF VISALIA AND LESLIE B. CAVIGLIA
_________________________________________________________________

WHEREAS, the City Council (the “Council”) of the City of Visalia (the “CITY”) desires to continue to employ the services of Leslie B. Caviglia (the “CITY MANAGER”), in accordance with Article IV and Article VI of the Charter of the City of Visalia (the “Charter”); and

WHEREAS, the CITY acting through the Council has entered into that certain contract titled “City Manager Employment Agreement. An Agreement Made And Entered Into By And Between City Of Visalia and Leslie B. Caviglia” dated September 4, 2021 (the “Agreement”); as amended December 4, 2021; and

WHEREAS, the Council has approved certain salary adjustments for all City of Visalia employees, and in recognition of City Manager’s performance wishes to adjust her compensation, has by action of the Council elected to provide this adjustment to City Manager; and.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, Council and CITY MANAGER agree as follows:

1. Effective the pay period that includes July 1, 2022, Section 3(A) of the Agreement is hereby deleted and replaced as follows:

A. Base Salary. In consideration for her services to CITY during the period in which this Agreement is effective, CITY will pay to CITY MANAGER a base salary of $228,448 per year. CITY may, in its sole discretion and from time-to-time, adjust CITY MANAGER’s base salary at any time after the Effective Date and during the term of this Agreement. Base salary shall accrue daily and be paid through biweekly pay periods during the period in which this Agreement is effective and shall be subject to all lawful withholdings and deductions required by federal and state laws, and any other authorized deductions.

2. All other terms and conditions of the Agreement not in conflict with the foregoing are restated and shall remain in full force and effect.

IN WITNESS WHEREOF, the Council of the City of Visalia, California, has authorized this Agreement to be signed and executed this ___ day of __________, 2022.

397
Second Amendment to City Manager Employment Agreement
City of Visalia and Leslie B. Caviglia

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ATTEST:

Michelle Nicholson, Chief Deputy Steve Nelsen, Mayor
City Clerk City of Visalia

Approved as to Form:

Rachele Berglund, Legal Counsel

APPROVED AND ACCEPTED:

Dated:

Leslie B. Caviglia, City Manager

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0231 Agenda Date: 6/6/2022 Agenda #: 1.

Agenda Item Wording:

For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:

Buyer: City of Visalia
Seller: Alice W. DeGroot-Grant, as Trustee of the Alice W. DeGroot Revocable Trust, dated September 7, 2000, as amended and restated
APN: 077-200-006 (portion)
Purpose: Riggin Widening Project - Kelsey to Shirk
Price: $306,000.00
Closing Date: 5/17/2022
Project Manager: Diego Corvera
*****************************************
Buyer: City of Visalia
Seller: Rocky F. White, Trustee of the 2020 Rocky F. White Separate Property Trust, created under Instrument dated September 24, 2020.

APN: 077-650-001 (portion)
Purpose: Shirk Widening Project
Price: $105,200.00
Closing Date: 5/17/2022
Project Manager: Chantha Chap
******************************************
Buyer: City of Visalia
Seller: Scalia, Inc., a California corporation
APN: 077-780-003 (portion)
Purpose: Right of Way purchase
Brief Description: Shirk Widening Project
Price: $125,000.00
Closing Date: 5/23/2022
Project Manager: Chantha Chap
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0208 Agenda Date: 6/6/2022 Agenda #: 1.

Agenda Item Wording:

Upcoming Visalia City Council Meetings:

Monday, June 13, 2022 at 6:00 PM: Special Joint Meeting with Visalia City Council and Visalia Planning Commission, Visalia Convention Center, 303 E. Acequia Monday, June 20, 2022 at 7:00 PM: Regular Meeting, City Hall, 707 W. Acequia Visalia City Council Printed on 6/3/2022Page 1 of 1
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Visalia City CouncilJune 6, 2022

Visalia City Council
June 6, 2022