Agenda packet — Visalia City Council, August 15, 2022

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Steve Nelsen
Vice Mayor Brian Poochigian
Council Member Greg Collins
Council Member Brett Taylor
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, August 15, 2022

ROLL CALL
CALL TO ORDER WORK SESSION - 4:30 PM

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

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

WORK SESSION AND ACTION ITEMS (as described)

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1 City Council Meeting Agenda - Final August 15, 2022

1. New Employee Introductions:

Convention Center:

Mike Kaiser - Convention Center Operation Supervisor
Heriberto (Beto) Rodriguez - Facility Services Technician Mitchell Oliveira - Facility Services Technician
Frank Armenta - Facility Services Technician
CIP Engineering:

Jaklin Rowley, Assistant Engineer
Alejandro Ortega, Associate Engineer
Cody McLaughlin, Assistant Engineer
Corey McIntyre, Public Works Inspector
Orlando Rosales, Engineering Technician
Police Department:

Connor Smythe, Police Officer
Derek Steidley, Police Officer
John Taylor, Police Officer
Tyler Trowbridge, Parking Enforcement Officer
22-0294

2. Receive staff presentation and provide comment and/or direction on Visalia Municipal Code Chapter 10.16.210 Parking Commercial Vehicles in Residential Districts.
22-0300

3. Confirm approval of a cooperative agreement with Caltrans to receive $ 48,000 through the Clean California State Initiative to support Dump On Us event operations throughout FY22-23. 22-0318
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

PUBLIC COMMENTS

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2 City Council Meeting Agenda - Final August 15, 2022
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

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

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

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

1. Authorization to read ordinances by title only. 22-0320

2. Authorize the City Manager to approve payment to California Water Service in the amount of $155,731 for the installation of six fire hydrants and one irrigation service along Riggin Ave between Akers St and Demaree St.
22-0281

3. Adopt Resolution 2022-48 authorizing City Manager to execute Reimbursement Agreement with Union Pacific Railroad Company for the engineering services associated with the design of the Goshen Trail Reconstruction Project. (Project Number
2420-72000/CP8130-999)
22-0289

4. Authorize airport staff to conditionally accept a federal grant in the amount of $121,500 to fund a Federal Aviation Administration (FAA) required Pavement Maintenance Management Plan
(PMMP).
22-0292

5. Adopt Resolution 2022-49 authorizing City Manager to submit a grant application to the Department of Water Resources for the South Linwood Emergency Drought Project in the amount of $827,580 and appropriate grant funds, contingent upon award. 22-0295

6. Authorize staff to conduct a citywide rebranding process, authorize staff to amend the current contract with We The Creative for brand research and development services, and appropriate $100,000 to cover the cost of the contract.
22-0317

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3 City Council Meeting Agenda - Final August 15, 2022

7. Authorize the City Manager to enter into a contract with JLB Traffic Engineering for professional consulting services for the Demaree Street, Houston Avenue, and Ben Maddox Avenue Traffic Signal Interconnect Improvements Project in the amount not to exceed $122,908.59.
22-0296

8. Authorization to accept delivery and issue Notice of Completion for the purchase of thirteen (13) Compressed Natural Gas (CNG) solid waste vehicles from E.M. Tharp of Porterville, CA. Vehicles were partially funded by a $2,305,000 Congestion Mitigation and Air Quality (CMAQ) grant.
22-0304

9. Consideration of a Mural Application request from Valley Oak Credit Union for one mural proposed on the south-facing facade of the commercial building located at 600 West Main Street. 22-0310

10. Second reading and adoption of Ordinance No. 2022-10 approving Zoning Text Amendment No. 2022-01, a request by the City of Visalia to amend Visalia Municipal Code Chapter 17.56 (Historic Preservation District).
22-0311

11. Second reading and adoption of Ordinance No. 2022-11 approving Change of Zone No. 2021-12, a request to change the zoning designation of 5,196 square feet of a 15,261 square foot parcel from R-1-5 (Single-family Residential, 5,000 square foot minimum lot size) to C-MU (Commercial Mixed Use).
22-0314

12. Rescind Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request to by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34. (Resolution No. 2022-50 required)
22-0316

REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. Conduct a public hearing to receive comments on the proposed 2019-20 Annual Action Plan Substantial Amendment III. Approve and appropriate the proposed 2019-20 Annual Action Plan Substantial Amendment III of $291,599 in CDBG Coronavirus Aid, Relief and Economic Security Act (CDBG-CV) reallocation funding. 22-0285

CLOSED SESSION REPORT

ADJOURNMENT

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4 City Council Meeting Agenda - Final August 15, 2022

1. Upcoming Visalia City Council Meetings:

Tuesday, September 6, 2022 - Regular Meeting @ 7:00 PM - 707 W. Acequia
Monday, September 19, 2022 - Regular Meeting @ 7:00 PM - 707 W. Acequia
22-0165

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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0294 Agenda Date: 8/15/2022 Agenda #: 1.

Agenda Item Wording:

New Employee Introductions:

Convention Center:

Connor Smythe, Police Officer
Derek Steidley, Police Officer
John Taylor, Police Officer
Tyler Trowbridge, Parking Enforcement Officer
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6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0300 Agenda Date: 8/15/2022 Agenda #: 2.

Agenda Item Wording:

Receive staff presentation and provide comment and/or direction on Visalia Municipal Code Chapter

10.16.210 Parking Commercial Vehicles in Residential Districts.

Deadline for Action: 8/15/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Tracy Robertshaw, Neighborhood Preservation Manager, (559)713-4187, [email protected] <mailto:[email protected]> Paul Bernal, Community Development Director, (559)713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the Visalia City Council receive the staff report and presentation of Visalia Municipal Code Section 10.16.210 “Commercial Vehicles in Residential Districts” and provide direction to staff regarding any proposed changes to this ordinance that Council would like to have researched and developed further.

Background Discussion:

Over the past year, Councilmembers and staff received complaints related to the enforcement of commercial vehicles in residential districts. Typically, the complaints entail large scale semi-trucks (with trailer attached) or the cab minus the trailer. Over the past year, several complaints were received regarding large commercial vehicles of a lesser scale than semi-trucks but violating the ordinance none the less. It is the enforcement of these complaints that has generated concerns and questions from property owners found in violation of the ordinance as it currently reads.

Visalia Municipal Code Section 10.16.210 states the following:

The concern from some in the community is the weight limitation of 5,000 pounds as stated in the ordinance is no longer relevant today since most vehicles/trucks already exceed this weight limitation. In addition, property owners have begun to inquire on exceptions to this ordinance if their residential parcel is large enough to accommodate parking their commercial vehicle on-site without Visalia City Council Printed on 8/12/2022Page 1 of 3
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impacting the residential neighborhood and neighboring properties.

It should also be noted that the City’sHome Occupation Permit (HOP) ordinance, Visalia Municipal Code Section 17.32.030, conflicts with section 10.16.210 since a HOP can allow the parking of a three-quarter ton (6,500 pounds) vehicle.

Additionally, staff has also received complaints regarding tow trucks being parked in residential areas. This is the result of an employee parking their tow truck vehicle at the home while they are on call. This is prevalent with a number of tow companies that have contracts with law enforcement agencies that require a 30-minute response to a call for service by officers. The code, as currently written, prohibits these vehicles from being parked within residentially zone areas. However, relocating the vehicle away from the tow truck driver’sresidence would make it impossible to comply with the law enforcement service agreements.

As staff researched the code provisions related to tow trucks, it became apparent that several ambulance posts are also operating in residential zones through approval of a Conditional Use Permit. The average weight of an ambulance is 10,000 to 14,000, resulting in a conflict between Section 10.16.210 as it is currently written and activities that are allowed under the City’sZoning Ordinance.

Possible Amendment Considerations to Section 10.16.210
If directed by City Council, staff will expand on the research that has been conducted and look for potential code updates that the City Council could consider for implementation that would permit, in certain instances, commercial vehicles to be parked in residential zones. Potential considerations that could be further explored include:

1. Define commercial vehicles and emergency vehicles.

2. Identify an exemption for tow trucks to comply with required response times under law enforcement service agreements or commercial vehicles parked pursuant to a home occupation permit, and potentially modify the allowed weight of commercial vehicles allowed to park under the home occupation permit.

3. Increase the minimum unladen weight limitations for commercial vehicles as stated in Section

10.16.210.

4. Allow commercial vehicles to park in “residential districts” with certain development standards/restrictions as defined below:
a. Limit the number of commercial vehicles allowed to park per parcel b. Require a minimum parcel size (i.e., 10,000 square feet). c. Require the commercial vehicle to be parked outside of any front yard area and be located behind a solid gate or wall.
d. Require the commercial vehicle to be parked on an improved non-pervious surface. e. Require a Conditional Use Permit.
f. Require and identify setback requirements.
g. Identify a maximum commercial vehicle weight that would be prohibited from parking in residential zones.
h. Prohibit semi-trucks/18 wheeler vehicles.

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Fiscal Impact:

None at this time.

Prior Council Action:

N/A
Other:

N/A
Alternatives:

The City Council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Section 10.16.210 “Parking Commercial Vehicles in Residential Districts.”
Recommended Motion (and Alternative Motions if expected):

I move to direct staff to initiate amendments for City Council consideration to Visalia Municipal Code

10.16.210 Commercial Vehicles in Residential Districts as noted in the staff report.

Environmental Assessment Status:

None.

CEQA Review:

N/A
Attachments:

1. Visalia Municipal Code 10.16.210
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9 COMMERCIAL VEHICLES

RESIDENTIAL ZONES
10 CURRENT MUNICIPAL CODE
Parking commercial vehicles in residential district.

No person shall park any commercial vehicle, having an unladen weight exceeding five thousand (5,000) pounds in any residential district except: (a) while loading or unloading property; or (b) when such vehicle is parked in connection with, or in aid of, the performance of a service to or on a property in the block in which such vehicle is parked. A “residence district” shall be determined as per California Vehicle Code, Division 1, Section 240 or Section 515, or as those districts or areas zoned as residential and indicated as such on the city zoning map, including low-medium, and high-density residential.
11 CA DMV COMMERCIAL VEHICLE DEFINITION
• Commercial Vehicle (CVC §260)—A commercial vehicle is a vehicle required to be registered which is used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. The following vehicles may be registered as passenger or commercial:
• Multipurpose vehicles.
• Passenger-type vehicles transporting persons for hire. • Pickup trucks with a camper permanently attached.
• Station wagons.
• A bus (CVC §233) is a commercial vehicle when it is used to transport persons for hire, compensation, or profit or when bus transportation is supplied by a profit-making entity and a customer pays for the bus service as part of the overall consideration for the primary service. 12 DMV EXEMPTIONS
• the following are not commercial vehicles:
• Vanpool vehicles (CVC §668)—A motor vehicle, other than a motortruck or truck tractor, designed to carry more than 10, but not more than 15 persons including the driver, which is maintained and used primarily for nonprofit work-related transportation of adults for the purpose of ridesharing. • Passenger vehicles not used for transportation of persons for hire, compensation, or profit.
• House cars or motorhomes.
• Trailer coaches. Trailer coaches may transport property but are designed primarily for human habitation or occupancy.
• Military equipment operated by non-civilian personnel, which is owned or operated by the U.S. Department of Defense, including the National Guard. • Implements of husbandry operated by someone not required to have a driver license.
13 14

VIOLATIONS OF CURRENT MUNICIPAL CODE
15 INTENT OF MUNICIPAL CODE
16 POSSIBLE CHANGES
Allow commercial vehicles to park in “residential districts” with certain development standards/restrictions:
• Limit the number of commercial vehicles allowed to park per parcel. • Require a minimum parcel size (i.e., 10,000 square feet). • Require the commercial vehicle to be parked outside of any front yard area and be located behind a solid gate or wall.
• Require the commercial vehicle be parked on an improved non-pervious parking surface. • Require a Conditional Use Permit.
• Require and identify setback requirements.
• Identify a maximum commercial vehicle weight that would be prohibited from parking in residential zones.
• Prohibit semi-truck/18 wheeler vehicles.
17 COMPLIANCE WITH PROPOSED CHANGES
18 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0318 Agenda Date: 8/15/2022 Agenda #: 3.

Agenda Item Wording:

Confirm approval of a cooperative agreement with Caltrans to receive $48,000 through the Clean California State Initiative to support Dump On Us event operations throughout FY22-23.

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

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

Staff recommends that Council receive the report and confirm approval of the Caltrans cooperative agreement to reimburse the City of Visalia Solid Waste Enterprise fund (441) for Dump On Us events.

Background Discussion:

The Clean California Program is a transformative initiative to remove litter, create jobs, and beautify California. This 3-year state funded program, started in July 2021, delivers $1 billion statewide for litter abatement, public education, and other beautification projects.

The $1 billion in statewide funds are to be allocated in the following manner:
$418M - Litter Abatement
$287M - State Beautification Projects
$296M - Local Beautification Projects
$33M - Public Education
$62M - Project Design, Construction, and Local Support Through the litter abatement portion of the Clean California Initiative, Caltrans has developed the Clean California Local Cooperative Agreement. This local agreement is part of the $418 million for local communities to beautify and improve Caltrans right of ways. Caltrans has purposed some of these funds to keep our highways and right of ways free from debris and are now using these funds to help local jurisdictions with dump events that help in that goal.

Each year, the City of Visalia Solid Waste Division runs six Dump on Us events. Each event has an approximate cost to the Solid Waste Enterprise Fund (441) of about $30,000. These costs include labor, equipment, and dump fees. It takes the coordination of all Public Works divisions, including volunteers from throughout other City locations, to make an event successful. The number of employees needed is about 50 for each event.

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The cooperative agreement from Caltrans that will contribute $48,000 for these six events will be on a reimbursable basis to the Solid Waste Enterprise fund (441) at $8,000 per event. As the contract indicates, the funds may be used by the City of Visalia for labor, equipment, and dump fees.

Over the past year, Caltrans has sponsored new events similar to the City’sDump On Us all over California, especially in communities or areas they felt it was needed or where it has never existed.

Since the City of Visalia already has a scheduled dump event, Caltrans felt it was important to promote and sponsor such events.

Because this cooperative agreement is a 2-year contract that ends July 30,2024, Caltrans has indicated that it may amend the agreement in the future to add more events for FY23-24. This will happen when they are able to identify extra funding within the program.

The Dump On Us events scheduled this fiscal year are as follows:

August 20, 2022
October 15, 2022
December 10, 2022
January 7, 2023
March 18, 2023
May 20, 2023
Fiscal Impact:

The $48,000 to reimburse the City of Visalia Solid Waste Enterprise Fund (441) will be funded over the next fiscal year. The Dump on Us events are already appropriated through the Capital Improvement budget (4410-72000/CP9459-999), and these funds will be used to reimburse the project.

Prior Council Action:

N/A
Other:

Click or tap here to enter text.

Alternatives:

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

I move to confirm authorization for the City Manager to sign the Caltrans cooperative agreement to receive $48,000 through the Clean California State Initiative.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
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Attachments:

Caltrans Agreement
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21 DUMP DAY EVENT AGREEMENT

THIS AGREEMENT is made this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as CALTRANS; and the City of Visalia, hereinafter referred to as “LOCAL AGENCY”; and collectively referred to as “PARTIES.”

The Clean California initiative is a multiyear clean-up effort led by CALTRANS to keep roads and waterways free of litter, create thousands of jobs, and transform state and local public spaces through beautification efforts. As part of the litter collection component, CALTRANS is proposing free dump day events where the public can dispose of household waste safely and properly for free (Dump Day events).

CALTRANS and LOCAL AGENCY, agree to provide free Dump Day events for LOCAL AGENCY’s residents as part of the Clean California initiative.

PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.

PARTIES MUTALLY AGREE TO DO THE FOLLOWING:

1. PARTIES shall publicize Dump Day events by informing the public that they may dispose of certain household waste items safely and properly for free, at the following locations and dates:

• August 20, 2022 between 7:00 am -12:00 pm at the Visalia City Yard, 335 N. Cain St. • October 15, 2022 between 7:00 am -12:00 pm at the Visalia City Yard, 335 N. Cain St • December 10, 2022 between 7:00 am -12:00 pm at the Visalia City Yard, 335 N. Cain St • January 7, 2023 between 7:00 am -12:00 pm at the Visalia City Yard, 335 N. Cain St • March 18, 2023 between 7:00 am -12:00 pm at the Visalia City Yard, 335 N. Cain St • May 20, 2023 between 7:00 am -12:00 pm at the Visalia City Yard, 335 N. Cain St

2. CALTRANS agrees to reimburse the LOCAL AGENCY $8,000 in costs per event for, including but not limited to labor, equipment and/or dumping fees expended for Dump Day events (Dump Day Costs) up to the maximum Contract Sum stated in this Agreement.

3. CALTRANS has agreed to reimburse LOCAL AGENCY, an amount not to exceed $48,000.00 to fulfill its obligations under this AGREEMENT.

4. CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature and the State Budget Act authority.

22 5. Based on the amount of trash collected during the Dump Day events, LOCAL AGENCY shall send its invoices to CALTRANS within 45 days of the Dump Day event for the latter’s share of the Dump Day Costs.

6. LOCAL AGENCY shall send invoices to the Caltrans District Clean CA District 06 Coordinator. The itemized invoice shall contain the following:

(a) STATE’s Clean California Program Code: CLEANCADMP;
(b) AGREEMENT number;
(c) Date(s) of services;
(d) Location of services;
(e) Number of hours and hourly rates;
(f) Receipts for trash disposal;
(g) Receipts for equipment, materials, and supplies; and (h) LOCAL AGENCY’s Performance Report that includes tonnage and/or cubic yard measurement of litter/debris disposed.

CALTRANS
Elaine Tinajero, Clean CA Contract Manager
1352 W Olive Avenue
Fresno, CA 93728
Office Phone: (559) 383-5181
Mobile Phone: (559) 383-5181
Email: [email protected]

LOCAL AGENCY contact is the following:

Jason Serpa, Public Works Manager
707 W. Acequia Avenue
Visalia, CA, 93291
Office Phone: (559) 713-4533
Mobile Phone: (559) 713-4533
Email: [email protected]

7. Upon review and approval of invoice by the District Clean California Coordinator, CALTRANS shall pay LOCAL AGENCY within forty-five (45) calendar days of receipt 23 of invoices. Payment will be made in accordance with the CA Prompt Payment Act, and within the time specified in Chapter 4.5, sections 927-927.13 of the Government Code.

8. When publicizing the Dump Day events, PARTIES shall inform the public that no hazardous materials will be accepted at the Transfer Stations/Landfills. However, if LOCAL AGENCY accepts hazardous materials, it shall do so at its own risk and responsibility and CALTRANS shall not pay disposal fees for such hazardous material.

9. Participating members of the public will be responsible for legally transporting waste to the Dump Day event.

10. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the services under this AGREEMENT including refuse intake inspection by staff qualified to identify hazardous materials, transportation, loading and unloading, and handling of Dump Day refuse.

11. CALTRANS does not accept nor take any responsibility for generation of any waste streams, including hazardous materials, associated with the Dump Day event(s).

12. All services performed by LOCAL AGENCY pursuant to this AGREEMENT are intended to be performed in accordance with all applicable Federal, State and LOCAL AGENCY laws, ordinances, and regulations. In case of a conflict between Federal, State and LOCAL AGENCY laws, ordinances, or regulations, the order of precedence applicability of these laws shall be Federal, State and then LOCAL AGENCY laws and regulations, respectively.

13. The total amount CALTRANS will reimburse to LOCAL AGENCY pursuant to this AGREEMENT shall not exceed $48,000.00. Costs incurred by LOCAL AGENCY for PROJECT work under this AGREEMENT in excess of the Contract Sum will be borne by LOCAL AGENCY. It is understood and agreed that this AGREEMENT fund limit is an estimate, and that CALTRANS will only reimburse the actual cost of services rendered as authorized by the CALTRANS Contract Manager or designee at or below the fund limitation amount set forth in this AGREEMENT.

14. This AGREEMENT may only be amended or modified by mutual written agreement of the PARTIES.

15. This AGREEMENT will end on June 30, 2024. This AGREEMENT may be terminated by the PARTIES upon mutual written agreement. In the event of a termination CALTRANS will reimburse LOCAL AGENCY all allowable, authorized, and non- cancellable obligations and costs incurred by LOCAL AGENCY prior to the termination.

16. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, general public, and/or its agents 24 under or in connection with any work (including hazardous materials), authority, or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. It is understood and agreed that LOCAL AGENCY, to the extent permitted by law will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, general public, and/or its agents under this AGREEMENT. PARTIES will continue to work together to plan future events.

PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenant to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

____________________ __________ ____________________ __________ John Liu Date Project Manager Date
Deputy District Director Maintenance City of Visalia
Caltrans District 06

____________________ __________
City Manager Date
City of Visalia

____________________ ___________
Attorney Date
City of Visalia
25 Dump On Us Schedule FY 22-23August 20, 2022October 15, 2022December 10, 2022January 7, 2023March 18, 2023May 20, 2023 26 Average Dump on Us Event CostsItem Avg Cost per event Avg Cost Per YearPersonnel$15,000.00 $90,000.00Disposal Costs $8,000.00 $48,000.00Equipment$7,000.00 $42,000.00Safety Supplies $500.00 $3,000.00Miscellaneous$750.00 $4,500.00Totals$31,250.00 $187,500.00 27 Average Dump On Us StatisticsITEM TONS PER EVENT TONS PER YEARLandfill85 510Recycle (B&G)25 150Mattresses3 18Metal10 60Totals 123 738City receives approximately 550 – 750 vehicles and trailers per event. Part of the success of the City run event is due to the set schedule in advance. City staff is well experienced and able to handle large dump events. 28 Other Caltrans Events in past fiscal yearCaltrans run events:Madera/Fresnolimited event, no tires, HHW , or large appliances155 Vehicles/trailersDelano/ExeterWasn’t very successfulLess than 40 vehicles/trailersOther City run events (sponsored by Caltrans):Kings County Recycling AuthorityHanford/Corcoran 29 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0320 Agenda Date: 8/15/2022 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0281 Agenda Date: 8/15/2022 Agenda #: 2.

Agenda Item Wording:

Authorize the City Manager to approve payment to California Water Service in the amount of $155,731 for the installation of six fire hydrants and one irrigation service along Riggin Ave between Akers St and Demaree St.

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

Katherine Woodhull-Fuget, Assistant Engineer, [email protected], (559) 713- 4447
Frank Senteno, City Engineer, [email protected], (559) 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to approve payment to California Water Service in the amount of $155,731 for the installation of six fire hydrants and one irrigation service along Riggin as part of the Riggin Widening Project from Akers to Demaree.

Background Discussion:

The Riggin Widening Project from Akers to Demaree (CP0397) will widen the existing roadway to four lanes and provide bike lanes, sidewalks, drainage improvements, and new medians. The widening of the existing roadway requires the installation of six fire hydrants along the one mile span as well as one irrigation service meter to serve the new median landscaping.

The California Fire Code Appendix C table C102.1 note c states that “[w]herenew water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards”. Per code, the one mile span of Riggin from Akers to Demaree should have had a minimum of five hydrants installed when the water main went in. Unfortunately, no hydrants along the frontage of this span were installed.

Cal Water only installs water main once an end user has been determined, which means main lines are installed with or by development. Developers are required to install hydrants as dictated by the City Fire Marshall during the Site Plan Review process.

The main in Riggin most likely went in with Summerfield Phase 2 in 2004. City Fire Department policy at the time only required the installation of hydrants along roads with fronting properties. Hydrants were not required along roads separated from development by block walls.

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31 File #: 22-0281 Agenda Date: 8/15/2022 Agenda #: 2.
deficiency. Furthermore, the addition of a median island and more traffic lanes makes it more difficult to use hydrants from the adjacent local roads to fight fires on Riggin, increasing the need to address the deficiency.

Due to the close proximity of the proposed fire hydrants to the Cal Water main in Riggin, Cal Water requires that the hydrants be installed by their preferred contractor, West Valley Construction. The initial estimate provided by Cal Water in October of 2021 for the installation of six hydrants was $288,753. In an attempt to reduce costs, City Staff met with Cal Water and determined that the major contributor to the estimated cost was traffic control. After discussion, Cal Water agreed to provide a revised cost estimate utilizing the assumption that West Valley could use the traffic control provided by the street widening project’s general contractor.

The revised cost estimate, provided June 17th, 2022, totals $156,731 (including $1,836 for state and federal taxes) for the six hydrants plus an irrigation service meter not accounted for in the previous project estimate. In order to initiate coordination with Cal Water, the City previously provided an advance deposit of $1,000. An additional advance deposit of $155,731 is needed for Cal Water to perform the installation. Once the project is complete, should the cost be different than the deposit, staff will follow the procurement code to ‘settle’ with Cal Water for payment.

The Riggin Widening Project from Akers to Demaree is currently slated for construction October 2022. This segment of Riggin will be constructed in multiple phases in order to minimize impact to residents and allow for through traffic.

Because the lack of hydrants being required has surfaced with this project, coordination has occurred internally between Community Development Department, Fire Department, Public Works, and Administration - CIP Engineering to determine means to coordinate with Cal Water to have hydrants along arterials installed. In some cases, by doing so, future projects may be required to relocate the hydrant to accommodate future right of way development.

Fiscal Impact:

This project is funded by Measure R Regional funds. The funds for design and construction of Riggin from Akers to Demaree will be reimbursed to the City by TCAG. The project has a budget of $3.5 million.

The cost to install the six hydrants will not be reimbursed by the surrounding developments because all of the proposed hydrants are along already-established subdivisions, and hydrants along Riggin were not identified as a requirement when the subdivisions came in per the fire code, so no funds were set aside for their installation. Moving forward, staff will be looking into how best to incorporate hydrant installation by CIPs into the developer reimbursement process.

By having West Valley utilize the general contractor’straffic control, the City is expected to save an estimated $132,022.

Prior Council Action:

June 3, 2019
Authorized the City Manager to award a sole-source professional design services contract to 4 Creeks, Inc., for design of Riggin Avenue widening from Akers Street to Kayenta Street for an amount not to exceed $96,093.00. (CIP: 3010-72000/CP0304-999)
Visalia City Council Printed on 8/12/2022Page 2 of 3
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32 File #: 22-0281 Agenda Date: 8/15/2022 Agenda #: 2.

Alternatives:

Council may direct Staff to not authorize payment and attempt to negotiate further with Cal Water.

Likely to create project delays with minimal or no further cost savings.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to approve payment to California Water Service in the amount of $155,731 for the installation of six fire hydrants and one irrigation service along Riggin as part of the Riggin Widening Project from Akers to Demaree.

Environmental Assessment Status:

Not Applicable.

CEQA Review:

Notice of Exemption filed October 31st, 2019
Attachments:

1. Riggin All Segments Exhibit

2. Cal Water Revised Cost Estimate Letter

3. Riggin Akers to Demaree Map Series
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Mooney
Akers
Dinuba
Riggin
HoustonGoshen
Willis
Ferguson
County Center
JacobKelsey
West
Linwood
Demaree
Giddings
Houston
Roeben
Demaree
Ferguson
Shannon
Riverway
Doe
Shirk
Rd 116
Pratt
Kelsey
Rd 124
Riverway
Rd 108
Clancy
Kibler
Riggin
Ferguson
Riggin
Sunnyview
RigginAve 312
Rd 100
Rd 92
Ave 320
Construction
October 2022
Construction
Summer 2024*
Construction
Summer 2023*
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Legend
Road Class
Collector
Local
Major Arterial
Minor Arterial
Other
Riggin Segment
CP0397: Akers to Demaree
CP0398: Kelsey to Shirk
CP0473: Mooney to Conyer
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Waterways
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Parcels
Urban Development Boundary Tier 1
Urban Development Boundary Tier 2
Urban Growth Boundary Tier 3
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Riggin Widening Projects
*Pending SCE Relocation
43 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0289 Agenda Date: 8/15/2022 Agenda #: 3.

Agenda Item Wording:

Adopt Resolution 2022-48 authorizing City Manager to execute Reimbursement Agreement with Union Pacific Railroad Company for the engineering services associated with the design of the Goshen Trail Reconstruction Project. (Project Number 2420-72000/CP8130-999) Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Diego Corvera, Civil Engineer, [email protected], 559-713-4209 Jim Koontz, City Attorney, [email protected], 559-372-2400 Frank Senteno, City Engineer, [email protected] 559-713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that the City Council adopt Resolution 2022-XX a resolution authorizing the City Manager to execute Union Pacific Railroad Company (UPRC) Reimbursement Agreement for preliminary engineering services necessary for the design of Goshen Trail Reconstruction Project.

The agreement was prepared by Union Pacific Railroad Company and reviewed and approved by the City Attorney.

Background Discussion:

City Council, at the May 2nd 2022 meeting, approved the award of the design contract to 4Creeks Inc. in the amount not to exceed $1,269,306 to prepare Plans, Specifications, Estimates and to coordinate with the Railroad in the development of construction documents for the Goshen Trail Reconstruction Project.

The Goshen Reconstruction project will require the installation of curb & gutter, reconstruction of existing asphalt multi use trail, intersection improvements, pedestrian signal modifications, trail lighting, bench installation and landscaping along the entire stretch of the trail.

As much of these improvements will have a direct or indirect impact on the adjacent railroad with specific operation implications at the various intersections, significant coordination with the UPRC is necessary to design the project. Refer to attached Concept Design for intersection crossings and project proximity to the existing railroad.

As part of the initial coordination efforts with the UPRC, a reimbursement agreement is required to receive design review and design approval from the UPRC as required at the various intersection crossings as well as at other locations along the entire length of trail.

Visalia City Council Printed on 8/12/2022Page 1 of 4
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44 File #: 22-0289 Agenda Date: 8/15/2022 Agenda #: 3.

UPRC estimated that major intersections may cost $10K in design review while minor intersections are closer to $5K. This project will impact six (6) major intersections and seven (7) minor intersections; based on the estimates this would be a total of $95K in design review. A reimbursement agreement of $100K was deemed appropriate to work through the design phase.

The scope of UPRC reimbursement agreement includes:
- Field Diagnostic(s) and inspections
- Plan, Specification, and Construction Review
- Project Design
- Preparation of project estimate for force account or other work performed by the railroad - Meetings and travel
The UPRC will contact the California Public Utility Commission (CPUC) once 15% concept plans have been received; a field diagnostic meeting will then be schedule with UPRC, CPUC and the City to continue with the design phase of the project. Coordination between the CPUC and UPRC will continue through design completion and final approval.

Following the completion of the design, a Construction and Maintenance agreement will be executed with the Railroad ahead of the construction phase for the project. This agreement will stipulate construction costs, agency responsibilities and maintenance requirements.

A similar construction and maintenance agreement was executed with San Joaquin Valley Railroad Company (SJVRR) for the Oak Street extension; where in the SJVRR provided a scope and fee for design and construction services and then periodically invoiced the City for services rendered.

Project Status:

The Goshen Trail Reconstruction project is currently in design with the consultant working on environmental requirements, concept design level plans, and utility coordination.

On June 15th, 2022 the City of Visalia submitted the Active Transportation Program (ATP) grant application Cycle 6 requesting state funding for the construction of the Goshen Trail Reconstruction project.

The final project cost was estimated at $22,884,112; the application requested $18M from the ATP state funding and the remaining $4.9M will be covered using local Measure R Trail funds. We anticipate grant award announcement to be received in October 2022.

Fiscal Impact:

The design and ROW phase of this project is funded by Measure R Trails approved by voters and administered and programmed for funding by Tulare County Association of Governments (TCAG).

See below the following summary of the current budget for the design and right of way phase of the Visalia City Council Printed on 8/12/2022Page 2 of 4
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45 File #: 22-0289 Agenda Date: 8/15/2022 Agenda #: 3.
project using Measure R Trails:

Goshen Trail Reconstruction Project - Design & ROW Phase (CP8130) Design Funding Source
Measure R Trails (132) $1,661,630
Total Project Funding $1,661,630
Goshen Trail Reconstruction Design Budget
Design Consultant - 4Creeks (Base) $956,906
Optional or Fix-fee Tasks $312,400
Staff time Estimate (Project Management) $50,000
Design Survey (City Staff) $135,000
Survey Drawing Processing (City Staff) $50,000
Project Contingency (5% of base) $50,000
Union Pacific Railroad Company (Reimbursement Agreement)$100,000 Total Design Cost $1,654,306
Project Budget (Fund 132) $1,661,630
Project Surplus (Estimate) $7,324
There are sufficient funds available in the project budget to fund the estimated amount of services to be provided by the Union Pacific Railroad Company, therefore no additional appropriations are needed at this time.

Contingent upon receiving award of ATP grant funds Cycle 6, staff will return to Council to request authorization of the final grant award amount and additional Measure R Trail funds needed to complete construction.

Prior Council Action:

May 16, 2022
Authorize the City Manager to submit a funding application for the 2023 Active Transportation Program (ATP) Cycle 6 to California Department of Transportation (Caltrans) and the Tulare County Association of Governments (TCAG)
May 2, 2022
Authorize the City Manager to enter a contract with 4Creeks for RFP 21-22-27 to prepare professional consulting services for the design of the Goshen Trail Reconstruction project in the amount not to exceed $1,269,306, authorize an additional appropriation of $650,000 from Measure R Trails (132) Fund, and authorize an amendment to the Measure R Supplement Agreement. (Project Number 2420-72000/CP8130-999)
August 17, 2020
Authorized City Manager to submit a funding application for the 2021 Active Transportation Program (ATP) Cycle 5 to Caltrans and the Tulare County Association of Governments (TCAG) Visalia City Council Printed on 8/12/2022Page 3 of 4
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46 File #: 22-0289 Agenda Date: 8/15/2022 Agenda #: 3.

Alternatives:

None
Recommended Motion (and Alternative Motions if expected):

I move to adopt Resolution No. 2022-XX authorizing City Manager to execute a Reimbursement Agreement with Union Pacific Railroad Company for the engineering services associated with the design of the Goshen Trail Reconstruction Project.

Environmental Assessment Status:

To be completed during the design phase
CEQA Review:

To be completed during the design phase
Attachments:

1. Location Map

2. Concept Design

3. Draft UPRC Reimbursement Agreement

4. Resolution No. 2022-XX UPRC Reimbursement Agreement
Visalia City Council Printed on 8/12/2022Page 4 of 4
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47 Linwood St
Lovers Lane
Caldwell Ave
Dinuba Blvd
Giddings St
Mooney Blvd
Whitendale Ave
Houston Ave
Hwy 198
Goshen Ave
Hwy 99
^_

VICINITY MAP

VISALIA, CALIFORNIA
City Limits
Project Area
Road Class
Collector
Highway
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0 6,6003,300
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CITY OF VISALIA FACTS
2020 Population Estimate: 141,384
Median Household Income: $66,668

14.6% Poverty Rate 13.2% Age 65 and Over
Land Area: 37.94 Sq Miles
Location: 36.3302° N, 119.2921° W
48 EXISTING TRAIL8'
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PROPOSED CURBAND GUTTER (TYP.)
PROPOSED 12'-14' PAVEOUT (TYP.)EXISTING RAILROADTRACK CENTERLINE

EXISTING RAILROADTRACKS

SEE INTERSECTION DETAILON NEXT SHEET
PROPOSED TRASHRECEPTACLE (TYP.)
12' - 14'
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CITY STANDARDCURB AND GUTTER

SAFETY FENCING
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TRAIL LIGHTING 1'FROM EDGE OF SHOULDER

PROPOSED TREES,LANDSCAPING, ANDAMENITIES
GOSHEN-VISALIA CORRIDORDISPLAY #1
MATCHLINE SEE DISPLAY 2 FOR CONTINUATION
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EFFIE DR.

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PROPOSED TRAILBENCHES (TYP.)
PROPOSED 14'PAVEOUT (TYP.)
PROPOSED CURBAND GUTTER (TYP.)

EXISTING RAILROADTRACKS

EXISTING RAILROADTRACKS
12' - 14'
2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCING
R/W

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

PROPOSED TREES,LANDSCAPING, ANDAMENITIES

ASPHALT PAVEOUT

EXISTING PAVEMENT SECTION

EXISTING GROUND
EXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDER
5'
GOSHEN CLASS I TRAIL10'2' SHOULDER
2' SHOULDER
6'
25'
TRAIL LIGHTING 1'FROM EDGE OF SHOULDER

PROPOSED TREES,LANDSCAPING, ANDAMENITIES
MATCHLINE SEE DISPLAY 1 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #2
MATCHLINE SEE DISPLAY 3 FOR CONTINUATION
100'
100'
MILLER PARK CT.

CROSS SECTION A-A(LOOKING EAST)
LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 52 STOP
STOP

EXISTING R/W
GOSHEN AVE.

EXISTING R/WEXISTING R/WEXISTING R/W

EXISTING R/W

EXISTING R/WEXISTING R/WCENTER LINE

EXISTING R/W

CENTERLINECENTERLINE
B B

CENTERLINECENTERLINE
PROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.) PROPOSED TRAILLIGHTING (TYP.)
PROPOSED 10'GOSHEN CLASS 1 TRAIL
PROPOSED CURBAND GUTTER (TYP.)
PROPOSED ACCESSIBLECURB RAMP (TYP.)SEE INTERSECTION DETAIL ONNEXT SHEET

HIGH-VISIBILITY CROSSWALK COMBINEDWITH GREEN BICYCLE LANE PROPOSED 14PAVEOUT (TYP.)
PROPOSED 8' GOSHEN CLASS 1 TRAIL
BEGIN TRANSITION FROM10' TO 8' TRAIL
END TRANSITION FROM10' TO 8' TRAIL
PROPOSED 8'GOSHEN CLASS 1 TRAIL
PROPOSED DRAINAGEINLET (TYP.)
PROPOSED MOUNTABLESAFETY APRON (TYP.)
PROPOSED ACCESSIBLECURB RAMP (TYP.)PROPOSED MOUNTABLESAFETY APRON (TYP.) PROPOSED TRASH RECEPTACLE (TYP.)
PROPOSED TRAIL BENCHES (TYP.)
REMOVE RAIL SPUR LINE ACROSS TRAIL AND GOSHEN AVE.

BEGIN TRANSITION FROM8' TO 10' TRAIL

EXISTING RAILROADTRACKS
PROPOSED 4'PAVEOUT (TYP.)
5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 2 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #3
MATCHLINE SEE DISPLAY 4 FOR CONTINUATION
100'
100'

CROSS SECTION B-B(LOOKING EAST)
AMERICAN ST.

LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 53 STOP
STOP
PROPOSED 8'GOSHEN CLASS 1 TRAIL
PROPOSED ACCESSIBLE CURBRAMPS (TYP.)

HIGH-VISIBILITY CROSSWALKCOMBINED WITH GREENBICYCLE LANE PROPOSED ACCESSIBLE CURB RAMPS (TYP.)
PROPOSED 8' GOSHEN TRAIL

EXISTING R/W

CENTERLINE

EXISTING RAILROAD TRACKS

EXISTING R/W

EXISTING R/W
PROPOSED CURBAND GUTTER (TYP.)
PROPOSED BOLLARDS WITHTRAIL PAVEMENT MARKINGS(TYP.)
PROPOSED TRASH RECEPTACLE (TYP.)PROPOSED TRAIL BENCH (TYP.) PROPOSED TRAIL LIGHTING (TYP.)GOSHEN AVE.

PROPOSED MOUNTABLE SAFETY APRON (TYP.)

PROPOSED SAFETY FENCINGPER RAILROAD REQUIREMENTS
PROPOSED MOUNTABLE SAFETY APRON (TYP.)
REFRESH STRIPING (TYP.)

28.0'62'R15'
R15'
14' LANE WIDTH14' LANE WIDTH
GOSHEN-VISALIA CORRIDORAMERICAN ST. INTERSECTION DETAIL 20'
20'
AMERICAN ST.
54 GOSHEN AVE.

EXISTING R/W

CENTERLINEEXISTING R/WEXISTING R/WEXISTING R/W

EXISTING RAILROADTRACKS
B B

CENTERLINE
PROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.) PROPOSED 4'PAVEOUT (TYP.)
PROPOSED CURBAND GUTTER (TYP.)
PROPOSED TRAILBENCHES (TYP.)
PROPOSED DRAINAGE INLET (TYP.)
PROPOSED 10'GOSHEN CLASS 1 TRAIL
END TRANSITION FROM 8' TO 10' TRAIL
PROPOSED TRAILLIGHTING (TYP.)28' (2 LANES)
GOSHEN AVE.

EXISTING R/W

CENTERLINEEXISTING R/WEXISTING R/WEXISTING R/W

EXISTING RAILROADTRACKS
B B

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 3 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #4
MATCHLINE SEE DISPLAY 5 FOR CONTINUATION
100'
100'
GOSHEN-VISALIA CORRIDORDISPLAY #4
100'
100'

CROSS SECTION B-B(LOOKING EAST)
CENTURY ST.

LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 55 STOP
STOP
GOSHEN AVE.

EXISTING R/W

EXISTING R/WEXISTING R/W

EXISTING R/W

CENTERLINECENTERLINE

EXISTING R/WCENTERLINE

EXISTING R/W

CENTERLINE
B B
PROPOSED TRAILLIGHTING (TYP.)
PROPOSED 4' PAVEOUT (TYP.)
PROPOSED CURB AND GUTTER (TYP.)

EXISTING RAILROADTRACKS

HIGH-VISIBILITY CROSSWALK

COMBINED WITHGREEN BICYCLE LANE
PROPOSED ACCESSIBLECURB RAMP AND MOUNTABLESAFETY APRON (TYP.) PROPOSED 4' PAVEOUT (TYP.)
PROPOSED TRAILLIGHTING (TYP.)
PROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.) PROPOSED TRAILBENCHES (TYP.)PROPOSED TRASHRECEPTACLE (TYP.) PROPOSED CURB AND GUTTER (TYP.)

SEE INTERSECTION DETAILON NEXT SHEET
END TRANSITIONFROM 10' TO 8' TRAIL
PROPOSED 8' GOSHENCLASS 1 TRAIL
BEGIN TRANSITIONFROM 10' TO 8' TRAIL
PROPOSED 10' GOSHEN CLASS 1 TRAIL
BEGIN TRANSITIONFROM 8' TO 10' TRAIL

REFRESH EXISTINGSTRIPING

REFRESH EXISTINGSTRIPING
5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 4 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #5
MATCHLINE SEE DISPLAY 6 FOR CONTINUATION
100'
100'
CROSS SECTION B-B(LOOKING EAST) PLAZA DR.

LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 56 STOP
STOP

EXISTING R/W

EXISTING RAILROAD TRACKS

CENTERLINE
PROPOSED ACCESSIBLE CURB RAMP (TYP.)
PROPOSED ACCESSIBLE CURB RAMP (TYP.)
PROPOSED 8'GOSHEN TRAILPROPOSED SAFETTY FENCING PERRAILROAD REQUIREMENTS (TYP.) PROPOSED MOUNTABLESAFETY APRON (TYP.)
PROPOSED MOUNTABLESAFETY APRON (TYP.)ASPHALT PAVEOUT (TYP.)

UPGRADE TRAFFIC SIGNALDETECTION TO VIDEO DETECTION
SYSTEM
PROPOSED BOLLARDS WITHTRAIL PAVEMENT MARKINGS (TYP.)

HIGH-VISIBILITY CROSSWALK

COMBINED WITHGREEN BICYCLE LANE

CENTERLINE
CENTERLINEPROTECT IN PLACE EXIST.TRAFFIC SIGNAL (TYP.)
PROTECT IN PLACE EXIST. TRAFFIC SIGNAL (TYP.)PROTECT IN PLACE EXIST. TRAFFIC SIGNAL (TYP.) PROTECT IN PLACE EXISTING TRAFFIC SIGNAL (TYP.)
GOSHEN AVE.

REFRESH STRIPING (TYP.)ADD NEW PEDESTRIAN CROSSINGAND SIGNAL REFRESH RIGHT TURN LANE TO 12'
R15'
26'
24'

REFRESH STRIPING AND NARROW LANES
R15'
13' LANE WIDTH13' LANE WIDTH
GOSHEN-VISALIA CORRIDORPLAZA DR. INTERSECTION DETAIL
20'
20'
PLAZA DR.
57 GOSHEN AVE.

EXISTING R/W

EXISTING R/WEXISTING R/W

CENTERLINEB B
PROPOSED TRAILLIGHTING (TYP.)
PROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.)PROPOSED 4' PAVEOUT (TYP.) PROPOSED TRAILBENCHES (TYP.)
PROPOSED CURB AND GUTTER (TYP.)
END TRANSITION FROM8' TO 10' TRAIL
REMOVE RAIL SPUR LINE ACROSSTRAIL AND GOSHEN AVE.

EXISTING RAILROADTRACKSPROPOSED 10'GOSHEN CLASS 1 TRAIL PROPOSED DRAINAGE INLET (TYP.)
24' (2 LANES)
GOSHEN AVE.

EXISTING R/W

EXISTING R/WEXISTING R/W

EXISTING RAILROADTRACKSPROPOSED 10'GOSHEN CLASS 1 TRAIL PROPOSED DRAINAGE INLET (TYP.)
24' (2 LANES)5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 5 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #6
100'
100'

CROSS SECTION B-B(LOOKING EAST)
GOSHEN-VISALIA CORRIDORDISPLAY #6
MATCHLINE SEE DISPLAY 7 FOR CONTINUATION
100'
100'

CROSS SECTION B-B(LOOKING EAST)
LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 58 STOP
STOP

EXISTING R/WEXISTING R/WEXISTING R/W
GOSHEN AVE.

CENTERLINE

EXISTING R/W

EXISTING R/WCENTERLINECENTERLINE

EXISTING R/WEXISTING R/WEXISTING R/WCENTERLINE
PROPOSED CURBAND GUTTER (TYP.)
PROPOSED ACCESSIBLE CURBRAMP AND MOUNTABLESAFETY APRON (TYP.)HIGH-VISIBILITY CROSSWALKCOMBINED WITH GREEN BICYCLE LANE
REFRESH EXISTINGSTRIPING (TYP.)
REFRESH EXISTINGSTRIPING (TYP.)
PROPOSED 8'GOSHEN CLASS 1 TRAIL

SEE INTERSECTION DETAILON NEXT SHEET
B B
26' (2 LANES)
26'
PROPOSED TRAILLIGHTING (TYP.)
PROPOSED 4'PAVEOUT (TYP.)
PROPOSED TRAILBENCHES (TYP.)
PROPOSED TRASHRECEPTACLE (TYP.)
PROPOSED DRAINAGEINLET (TYP.)
BEGIN TRANSITION FROM 8' TO 10' TRAILEND TRANSITION FROM 8' TO 10' TRAIL PROPOSED 10' GOSHENCLASS 1 TRAIL
PROPOSED 8' GOSHENCLASS 1 TRAIL
PROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.) REMOVE RAIL SPUR LINE ACROSSTRAIL AND GOSHEN AVE.

EXISTING RAILROADTRACKS
5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 6 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #7
MATCHLINE SEE DISPLAY 8 FOR CONTINUATION
100'
100'

CROSS SECTION B-B(LOOKING EAST)
KELSEY ST.

LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 59 STOP
STOP
PROPOSED ACCESSIBLECURB RAMP (TYP.)PROPOSED BOLLARDS WITHTRAIL PAVEMENT MARKINGS(TYP.) HIGH-VISIBILITY CROSSWALKCOMBINED WITH GREEN BICYCLE LANE PROPOSED ACCESSIBLE CURB RAMP (TYP.)

PROPOSED BOLLARDS WITHTRAIL PAVEMENT MARKINGS

EXISTING RAILROAD TRACKSEXISTING RAILROAD TRACKSEXISTING R/WCENTER LINE

EXISTING R/W

CENTER LINE
PROPOSED TRAIL BENCH(TYP.)PROPOSED TRAILLIGHTING (TYP.) PROPOSED TRASH RECEPTACLE(TYP.)
PROTECT IN PLACE EXISTINGTRAFFIC SIGNAL (TYP.)PROTECT IN PLACE EXISTINGTRAFFIC SIGNAL (TYP.)GOSHEN AVE.

PROPOSED MOUNTABLESAFETY APRON (TYP.)
PROPOSED MOUNTABLE SAFETY APRON (TYP.)

EXISTING R/W EXISTING R/W

UPDATE TRAFFIC SIGNAL DETECTION TOVIDEO DETECTION SYSTEM REFRESH STRIPING (TYP.)
R15'R15'
25' REFRESH RIGHT TURN LANE TO 12'12' LANE WIDTH
20' 20'
GOSHEN-VISALIA CORRIDORKELSEY ST. INTERSECTION DETAIL
KELSEY ST.
60 GOSHEN AVE.

PROPOSED 10'GOSHEN CLASS 1 TRAIL

EXISTING R/WCENTERLINE

EXISTING R/W

EXISTING R/WCENTERLINE

EXISTING R/WEXISTING R/W
PROPOSED CURBAND GUTTER (TYP.)
B B
26' (2 LANES)
PROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.)

EXISTING RAILROADTRACKS
PROPOSED TRAILLIGHTING (TYP.)
PROPOSED 4'PAVEOUT (TYP.)

EXISTING RAILROADTRACKS
PROPOSED TRAILBENCHES (TYP.)
5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 7 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #8
MATCHLINE SEE DISPLAY 9 FOR CONTINUATION
100'
100'

CROSS SECTION B-B(LOOKING EAST)
ROSEBURG CT.

CLANCY ST.

LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 61 5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES 5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES GOSHEN AVE.

EXISTING R/WEXISTING R/WEXISTING R/WCENTERLINE
B B
PROPOSED 10'GOSHEN CLASS 1 TRAILPROPOSED CURB AND GUTTER (TYP.) EXISTING RAILROADTRACKSPROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.)PROPOSED TRAILLIGHTING (TYP.) PROPOSED 4' PAVEOUT (TYP.)
PROPOSED TRAIL BENCHES (TYP.)

EXISTING RAILROADTRACKS
PROPOSED DRAINAGE INLET (TYP.)
PROPOSED RAILROAD TRAIL CROSSINGADD PANELS FOR RAIL SPUR LINE ACROSS GOSHEN AVE. 26' (2 LANES)
MATCHLINE SEE DISPLAY 8 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #9
MATCHLINE SEE DISPLAY 10 FOR CONTINUATION
100'
100'

CROSS SECTION B-B(LOOKING EAST)
LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 62 STOP
STOP
GOSHEN AVE.

PROPOSED 10'GOSHEN CLASS 1 TRAIL
PROPOSED CURB AND GUTTER (TYP.)

EXISTING R/WEXISTING R/WEXISTING R/WCENTERLINE

EXISTING R/WCENTERLINE

EXISTING R/W

CENTERLINE

EXISTING R/W

CENTERLINE
PROPOSED ACCESSIBLECURB RAMPS (TYP.)
PROPOSED ACCESSIBLECURB RAMPS (TYP.)HIGH-VISIBILITY CROSSWALKCOMBINED WITH GREEN BICYCLE LANE
REFRESH EXISTINGSTRIPING (TYP.)
PROPOSED 4'PAVEOUT (TYP.)
PROPOSED 8'GOSHEN CLASS 1 TRAIL
PROPOSED MOUNTABLESAFETY APRON (TYP.)
PROPOSED MOUNTABLESAFETY APRON (TYP.)
EXISTING RAILROADTRACKSPROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.) PROPOSED TRASHRECEPTACLE (TYP.)
BEGIN TRANSITIONFROM 10' TO 8' TRAIL
SEE INTERSECTION DETAILON NEXT SHEETPROPOSED TRAILBENCHES (TYP.) PROPOSED DRAINAGE INLET (TYP.)PROPOSED 8'GOSHEN CLASS 1 TRAIL B B
END TRANSITIONFROM 10' TO 8' TRAIL
BEGIN TRANSITIONFROM 8' TO 10' TRAIL
5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES 5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 9 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #10
MATCHLINE SEE DISPLAY 11 FOR CONTINUATION
100'
100'

CROSS SECTION B-B(LOOKING EAST)
SHIRK ST.

LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 63 STOP
STOP

HIGH-VISIBILITY CROSSWALK COMBINEDWITH GREEN BICYCLE LANEEXISTING R/W

EXISTING R/W
PROPOSED ACCESSIBLE CURB RAMPS (TYP.)
PROPOSED ACCESSIBLE CURB RAMPS (TYP.)
PROPOSEDCURB AND GUTTER (TYP.)
PROPOSED BOLLARDS WITH TRAILPAVEMENT MARKINGS (TYP.)
PROPOSED 8' GOSHEN TRAIL
PROPOSED 8' GOSHEN TRAIL

EXISTING RAILROAD TRACKS
PROPOSED SAFETYFENCING PER RAILROADREQUIREMENTS (TYP.)EXISTING R/W

EXISTING R/W
PROTECT IN PLACE EXISTING TRAFFIC SIGNAL (TYP.)

PROTECT IN PLACE EXISTING TRAFFIC SIGNAL
ASPHALT PAVEOUT (TYP.)
ASPHALT PAVEOUT (TYP.)PROPOSED MOUNTABLESAFETY APRON (TYP.) PROPOSED MOUNTABLESAFETY APRON (TYP.)
PROPOSED SIDEWALK WITH RAIL CROSSING PANEL (TYP.)
REFRESH STRIPING (TYP.)
R15'
R15'
REFRESH 12' RIGHTTURN LANE
12' LANE WIDTH
28'
12' LANE WIDTH

UPGRADE TRAFFIC SIGNAL DETECTIONTO VIDEO DETECTION SYSTEMREFRESH STRIPING ANDNARROW LANES GOSHEN-VISALIA CORRIDORSHIRK ST. INTERSECTION DETAILS
20'
20'
SHIRK ST.
64 GOSHEN AVE.

EXISTING RAILROADTRACKS

EXISTING R/WEXISTING R/WCENTER LINE
PROPOSED TRAILLIGHTING (TYP.)PROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.)

EXISTING R/W

EXISTING R/WCENTERLINE

CENTERLINE
PROPOSED 4'PAVEOUT (TYP.)PROPOSED CURB AND GUTTER (TYP.) PROPOSED TRAIL BENCHES (TYP.)

EXISTING R/WCENTERLINEEXISTING R/WEXISTING R/W
PROPOSED 10'GOSHEN CLASS 1 TRAIL

EXISTING R/WCENTERLINEEXISTING R/WEXISTING R/W
B B
END TRANSITION FROM 8' TRAIL TO 10' TRAIL
END TRANSITION FROM8' TRAIL TO 10' TRAIL
5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 10 FOR CONTINUATION
MATCHLINE SEE DISPLAY 12 FOR CONTINUATION
100'
100'
MARCIN ST.

EL CAJON ST.

CROSS SECTION B-B(LOOKING EAST)
GOSHEN-VISALIA CORRIDORDISPLAY #11
LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 65 GOSHEN AVE.

EXISTING R/W

EXISTING R/WCENTERLINE

EXISTING R/W

EXISTING R/WCENTERLINEEXISTING R/WEXISTING R/W

CENTERLINEEXISTING R/WEXISTING R/W
PROPOSED TRAILBENCHES (TYP.)PROPOSED TRASH RECEPTACLE (TYP.) PROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.) PROPOSED 10'GOSHEN CLASS 1 TRAIL
PROPOSED TRAILLIGHTING (TYP.)

EXISTING RAILROADTRACKS
PROPOSED CURB AND GUTTER (TYP.)PROPOSED 4'PAVEOUT (TYP.) B B

REMOVE PRIVATE RAILROADCROSSING
5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 11 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #12
MATCHLINE SEE DISPLAY 13 FOR CONTINUATION
100'
100'
MAE CARDEN ST.

CROSS SECTION B-B(LOOKING EAST)
LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 66 CENTERLINEEXISTING R/W

EXISTING R/W

EXISTING R/WEXISTING R/W

EXISTING R/WEXISTING R/WCENTERLINE

CENTERLINE
GOSHEN AVE.

PROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.) PROPOSED TRAILBENCHES (TYP.)
PROPOSED 4' PAVEOUT (TYP.)PROPOSED CURB AND GUTTER (TYP.) PROPOSED 10'GOSHEN CLASS 1 TRAIL

EXISTING RAILROADTRACKS
PROPOSED TRAILLIGHTING (TYP.)
B B
5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 12 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #13
MATCHLINE SEE DISPLAY 14 FOR CONTINUATION
100'
100'
PEPPERTREE ST.

CROSS SECTION B-B(LOOKING EAST)
LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 67 EXISTING R/WEXISTING R/WCENTER LINE

EXISTING R/WCENTER LINE

CENTERLINE
GOSHEN AVE.

EXISTING R/WEXISTING R/W
B B

EXISTING R/W

EXISTING R/WCENTER LINE

EXISTING R/W

EXISTING R/W
STOP
STOP
PROPOSED ACCESSIBLECURB RAMPS (TYP.)
PROPOSED SAFETYFENCING PER RAILROADREQUIREMENTS (TYP.)
PROPOSED 10'GOSHEN CLASS 1 TRAILPROPOSED TRAILLIGHTING (TYP.) PROPOSED CURBAND GUTTER (TYP.)
PROPOSED ACCESSIBLECURB RAMPS (TYP.)HIGH-VISIBILITY CROSSWALKCOMBINED WITH GREEN BICYCLE LANE
REFRESH EXISTINGSTRIPING (TYP.)PROPOSED MOUNTABLESAFETY APRON (TYP.) PROPOSED MOUNTABLESAFETY APRON (TYP.)
PROPOSED 4'PAVEOUT (TYP.)

EXISTING RAILROADTRACKS
REFRESH EXISTINGSTRIPING (TYP.)

SEE INTERSECTION DETAIL ONNEXT SHEET
BEGIN TRANSITION FROM8' TO 10' TRAILEND TRANSITION FROM8' TO 10' TRAIL PROPOSED TRAILBENCHES (TYP.)
PROPOSED TRASHRECEPTACLE (TYP.)
5'
VARIES
4'2'

CITY STANDARDCURB AND GUTTER

SAFETY FENCINGCLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

EXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDER
GOSHEN CLASS I TRAIL8' - 10'
2' SHOULDER
6'
23' - 25'
R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 13 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #14
MATCHLINE SEE DISPLAY 15 FOR CONTINUATION
100'
100'

CROSS SECTION B-B(LOOKING EAST)
AKERS ST.

LEGEND

PROPOSED TRAIL LIGHTING RIGHT OF WAYTYPICALEDGE OF PAVEMENT R/WTYP.EP

PROPOSED SAFETY FENCING EXISTING
EXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 68 EXISTING R/WCENTER LINEEXISTING R/W

EXISTING R/W

EXISTING R/WSTOP
STOP
PROPOSED MOUNTABLESAFETY APRON (TYP.)
PROPOSED BOLLARDS WITH TRAILPAVEMENT MARKINGS (TYP.)
ASPHALT PAVEOUT (TYP.)ASPHALT PAVEOUT (TYP.)
PROPOSED ACCESSIBLECURB RAMPS (TYP.)
PROPOSEDACCESSIBLECURB RAMPS (TYP.)
PROPOSED MOUNTABLESAFETY APRON (TYP.)

EXISTING RAILROADTRACKS

HIGH-VISIBILITY BICYCLE PAINTCOMBINED WITH PEDESTRIANCROSSWALK PROPOSED BOLLARDS WITH TRAILPAVEMENT MARKINGS (TYP.)
EXISTING RAILROADTRACKS PROPOSED SIDEWALK(TYP.)
PROPOSED SIDEWALK (TYP.)

UPGRADE TRAFFIC SIGNALDETECTION TO VIDEODETECTION SYSTEM PROPOSED RAILROAD CROSSINGPANEL (TYP.)
PROPOSED RAILROADCROSSING PANEL(TYP.)
AKERS
GOSHEN AVE.

R15'13' LANE WIDTH26'
REFRESH 12' RIGHTTURN LANE12' LANE WIDTH
R15'
GOSHEN-VISALIA CORRIDORAKERS ST. INTERSECTION DETAIL
20' 20'
AKERS ST.
69 PROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.)PROPOSED TRAIL LIGHTING (TYP.)EXISTING RAILROADTRACKSCENTERLINE

EXISTING R/W

EXISTING R/W
GOSHEN AVE.CENTERLINE

EXISTING R/WEXISTING R/W
B
B
PROPOSED TRAIL BENCHES (TYP.)PROPOSED 10'GOSHEN CLASS 1 TRAIL PROPOSED CURBAND GUTTER (TYP.)PROPOSED 4'PAVEOUT (TYP.)24' (2 LANES) 5'VARIES 4'2'

CITY STANDARDCURB AND GUTTERSAFETY FENCING

CLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVEEXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDERGOSHEN CLASS I TRAIL8' - 10'2' SHOULDER6' 23' - 25'R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 14 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #15
MATCHLINE SEE DISPLAY 16 FOR CONTINUATION
100' 100'CROSS SECTION B-B(LOOKING EAST)
KENT ST.

LEGEND

PROPOSED TRAIL LIGHTING
RIGHT OF WAYTYPICALEDGE OF PAVEMENTR/WTYP.EP

PROPOSED SAFETY FENCING
EXISTINGEXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 70 CENTERLINEEXISTING R/W

EXISTING R/W
EXISTING R/WPROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.) PROPOSED TRAILLIGHTING (TYP.)
EXISTING RAILROADTRACKSGOSHEN AVE.

PROPOSED 10'GOSHEN CLASS 1 TRAIL
B
B
PROPOSED TRAIL BENCHES (TYP.)PROPOSED TRASH RECEPTACLE (TYP.) PROPOSED CURBAND GUTTER (TYP.)PROPOSED 4'PAVEOUT (TYP.) 24' (2 LANES)
5'VARIES 4'2'

CITY STANDARDCURB AND GUTTERSAFETY FENCING

CLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVEEXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDERGOSHEN CLASS I TRAIL8' - 10'2' SHOULDER6' 23' - 25'R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 15 FOR CONTINUATION
GOSHEN-VISALIA CORRIDORDISPLAY #16
MATCHLINE SEE DISPLAY 17 FOR CONTINUATION
100' 100'CROSS SECTION B-B(LOOKING EAST)
LEGEND

PROPOSED TRAIL LIGHTING
RIGHT OF WAYTYPICALEDGE OF PAVEMENTR/WTYP.EP

PROPOSED SAFETY FENCING
EXISTINGEXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 71 GOSHEN AVE.CENTERLINE

EXISTING R/W

EXISTING R/WEXISTING R/W
B
B

CENTERLINEEXISTING R/WEXISTING R/W

EXISTING RAILROADTRACKS
EXIST. R/W

EXISTING R/W
PROPOSED TRAILBENCHES (TYP.)PROPOSED SAFETY FENCING PERRAILROAD REQUIREMENTS (TYP.)PROPOSED TRAILLIGHTING (TYP.) PROPOSED CURBAND GUTTER (TYP.)PROPOSED 4'PAVEOUT (TYP.) PROPOSED MOUNTABLESAFETY APRON (TYP.)

HIGH-VISIBILITY CROSSWALKCOMBINED WITH GREENBICYCLE LANE END TRANSITION FROM 10'TRAIL TO EXIST. SIDEWALK
PROPOSED 10'GOSHEN CLASS 1 TRAIL

EXISTING R/W

CENTERLINE
TRAIL TO MATCHEXIST. SIDEWALK
END TRANSITION FROM 10'TRAIL TO EXIST. SIDEWALK
5'VARIES 4'2'

CITY STANDARDCURB AND GUTTERSAFETY FENCING

CLRAILROAD

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVEEXISTINGRAILROAD TRACKS

EXISTING TREE,LOCATION VARIESPROPOSED TREES,LANDSCAPING, ANDAMENITITES

ASPHALT PAVEOUTEXISTING PAVEMENT SECTION
2' SHOULDERGOSHEN CLASS I TRAIL8' - 10'2' SHOULDER6' 23' - 25'R/WEXIST.

TRAIL LIGHTING 1'FROM EDGE OF SHOULDERPROPOSED TREES,LANDSCAPING, ANDAMENITITES MATCHLINE SEE DISPLAY 16 FOR CONTINUATIONMATCHLINE SEE DISPLAY 18 FOR CONTINUATION

CROSS SECTION B-B(LOOKING EAST)
100' 100'
GOSHEN-VISALIA CORRIDORDISPLAY #17
DEMAREE ST.

TILDAN ST.CHINOWTH ST.

LEGEND

PROPOSED TRAIL LIGHTING
RIGHT OF WAYTYPICALEDGE OF PAVEMENTR/WTYP.EP

PROPOSED SAFETY FENCING
EXISTINGEXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 72 GOSHEN AVE.CENTERLINEEXISTING R/W

EXISTING R/W

EXISTING R/W
C

CEXISTING R/W
PROPOSED SAFETYFENCING PER RAILROADREQUIREMENTS (TYP.)PROPOSED 10' GOSHENCLASS 1 TRAIL

EXISTING RAILROADTRACKS

EXISTING SIDEWALKTO REMAIN

HIGH-VISIBILITY CROSSWALK COMBINEDWITH GREEN BICYCLE LANESEE INTERSECTION DETAIL ONNEXT SHEET PROPOSED TRASH RECEPTACLE (TYP.)
PROPOSED MOUNTABLESAFETY APRON (TYP.)
PROPOSED TRAILLIGHTING (TYP.)
PROPOSED TRAIL BENCHES (TYP.)
GOSHEN CLASS 1 TRAIL8'2' SHOULDER2' SHOULDER

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

PROPOSED TREES, LANDSCAPING,AND AMENITIESEXISTING TREE,LOCATION VARIES

CLRAILROAD

EXISTINGRAILROAD TRACKSSAFETY FENCING
R/WEXIST.
4' APPROX. 30'4'
R/WEXIST.TRAIL LIGHTING 1'FROM EDGE OF SHOULDER20'

PROPOSED TREES,LANDSCAPING,AND AMENITIES

EXISTING TREE,LOCATION VARIES
MATCHLINE SEE DISPLAY 17 FOR CONTINUATIONMATCHLINE SEE DISPLAY 19 FOR CONTINUATION

CROSS SECTION C-C(LOOKING EAST)
100' 100'
GOSHEN-VISALIA CORRIDORDISPLAY #18
DEMAREE ST.

LEGEND

PROPOSED TRAIL LIGHTING
RIGHT OF WAYTYPICALEDGE OF PAVEMENTR/WTYP.EP

PROPOSED SAFETY FENCING
EXISTINGEXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 73 EXISTING R/WCENTER LINE

EXISTING R/W

CENTER LINECENTER LINE

EXISTING RW

CENTER LINE

EXISTING RW

EXISTING RW
GOSHEN AVE.

EXISTING RAILROADTRACKSPROPOSED RAILROADCROSSING PANEL (TYP.)

EXISTING RAILROADTRACKS
HIGH-VISIBILTY CROSSWALK COMBINEDWITH GREEN BICYCLE LANEPROTECT IN PLACE EXISTINGCURB RAMP (TYP.) PROTECT IN PLACE EXISTINGCURB RAMP (TYP.)
4' PAVEOUT (TYP.)PROPOSED MOUNTABLE SAFTEY APRON(TYP.)
REFRESH STRIPING (TYP.)
R15'
R15'
GOSHEN-VISALIA CORRIDORDEMAREE ST. INTERSECTION DETAIL
20' 20'
DEMAREE ST.
74 GOSHEN AVE.CENTERLINEEXISTING R/W

EXISTING R/W

EXISTING R/W
C
C
PROPOSED TRAILLIGHTING (TYP.)
PROPOSED 8' GOSHENCLASS 1 TRAIL

EXISTING RAILROADTRACKS
PROPOSED TRAIL BENCHES (TYP.)
PROPOSED SAFETYFENCING PER RAILROADREQUIREMENTS (TYP.)
GOSHEN CLASS 1 TRAIL8'2' SHOULDER2' SHOULDER

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

PROPOSED TREES, LANDSCAPING,AND AMENITIESEXISTING TREE,LOCATION VARIES

CLRAILROAD

EXISTINGRAILROAD TRACKSSAFETY FENCING
R/WEXIST.
4' APPROX. 30'4'
R/WEXIST.TRAIL LIGHTING 1'FROM EDGE OF SHOULDER20'

PROPOSED TREES,LANDSCAPING,AND AMENITIES

EXISTING TREE,LOCATION VARIES
MATCHLINE SEE DISPLAY 18 FOR CONTINUATIONMATCHLINE SEE DISPLAY 20 FOR CONTINUATION

CROSS SECTION C-C(LOOKING EAST)
100' 100'
GOSHEN-VISALIA CORRIDORDISPLAY #19LEGEND

PROPOSED TRAIL LIGHTING
RIGHT OF WAYTYPICALEDGE OF PAVEMENTR/WTYP.EP

PROPOSED SAFETY FENCING
EXISTINGEXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 75 CENTERLINEEXISTING R/W

EXISTING R/W

PROPOSED SAFETYFENCING PER RAILROADREQUIREMENTS
EXISTING R/WPROPOSED 8' GOSHENCLASS 1 TRAILGOSHEN AVE.

EXISTINGRAILROAD TRACKS
PROPOSED TRAILLIGHTING (TYP.)
C

C APARTMENT ACCESS TOTRAIL
GOSHEN CLASS 1 TRAIL8'2' SHOULDER2' SHOULDER

2.5" AC6" CLASS 2 AB6" COMPACTED NATIVE

PROPOSED TREES, LANDSCAPING,AND AMENITIESEXISTING TREE,LOCATION VARIES

CLRAILROAD

EXISTINGRAILROAD TRACKSSAFETY FENCING
R/WEXIST.
4' APPROX. 30'4'
R/WEXIST.TRAIL LIGHTING 1'FROM EDGE OF SHOULDER20'

PROPOSED TREES,LANDSCAPING,AND AMENITIES

EXISTING TREE,LOCATION VARIES
MATCHLINE SEE DISPLAY 19 FOR CONTINUATIONMATCHLINE SEE DISPLAY 21 FOR CONTINUATION GOSHEN-VISALIA CORRIDORDISPLAY #20
100' 100'CROSS SECTION C-C(LOOKING EAST)
LEGEND

PROPOSED TRAIL LIGHTING
RIGHT OF WAYTYPICALEDGE OF PAVEMENTR/WTYP.EP

PROPOSED SAFETY FENCING
EXISTINGEXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 76 GOSHEN AVE.

GOSHEN AVE.

CENTERLINEEXISTING R/W

EXISTING R/WCENTERLINEEXISTING R/WEXISTING R/W
STOP
STOP
STOP
PROPOSED ACCESSIBLECURB RAMP (TYP.)

HIGH-VISIBILITY CROSSWALKCOMBINED WITH GREEN BICYCLE LANE CENTERLINEEXISTING R/WEXISTING R/WPROPOSED ACCESSIBLECURB RAMP (TYP.) PROPOSED ACCESSIBLECURB RAMP (TYP.)

EXISTING RAILROADTRACKS
PROPOSED ACCESSIBLECURB RAMP (TYP.)
PROPOSED 8' GOSHEN CLASS 1 TRAILPROPOSED TRAIL LIGHTING (TYP.)PROPOSED SAFETYFENCING PER RAILROADREQUIREMENTS (TYP.)PROPOSEDSIDEWALK (TYP.) PROPOSED SIDEWALK(TYP.)
PROPOSED SIDEWALK(TYP.)

EXISTING R/W

EXISTING R/W
DD

SEE INTERSECTION DETAILON NEXT SHEETSEE FOLLOWING SHEET FORINTERSECTION DETAIL

EXISTING R/WEXISTING R/W

HIGH-VISIBILITY CROSSWALKCOMBINED WITH GREEN BICYCLE LANE PROPOSED TRAIL BENCHES (TYP.)
PROPOSED MOUNTABLESAFETY APRON (TYP.)PROPOSED MOUNTABLESAFETY APRON (TYP.)PROPOSED MOUNTABLESAFETY APRON (TYP.)PROPOSED MOUNTABLESAFETY APRON (TYP.) 25'2' SHOULDERGOSHEN CLASS I TRAIL8'2' SHOULDERRAILROADCL APPROX. 22'EXISTING RAILROADTRACKS
EXIST. R/W

2.5" AC6" CLASS II AB6" COMPACTED NATIVEEXISTING CURB AND GUTTEREXISTING PAVEMENT SECTIONSAFETY FENCING

PROPOSED TREES, LANDSCAPING,AND AMENITIES

EXISTING TREE,LOCATION VARIES
TRAIL LIGHTING 1'FROM EDGE OF SHOULDER
17'
GOSHEN-VISALIA CORRIDORDISPLAY #21
100' 100'CROSS SECTION D-D(LOOKING EAST)
MATCHLINE SEE DISPLAY 20 FOR CONTINUATIONMATCHLINE SEE DISPLAY 22 FOR CONTINUATION LESLIE ST.MOONEY BLVD.

LEGEND

PROPOSED TRAIL LIGHTING
RIGHT OF WAYTYPICALEDGE OF PAVEMENTR/WTYP.EP

PROPOSED SAFETY FENCING
EXISTINGEXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 77 STOP

CENTERLINEEXISTING R/W

CENTERLINE

EXISTING R/W
PROPOSED 8' GOSHENCLASS 1 TRAILPROPOSED SAFETY FENCINGPER RAILROAD REQUIREMENTS(TYP.) PROTECT IN PLACE EXISTINGCURB AND GUTTER (TYP.)
PROPOSED ACCESSIBLECURB RAMP (TYP.)
PROPOSED ACCESSIBLECURB RAMP (TYP.)
PROPOSED SIDEWALK (TYP.)

HIGH-VISIBILITY CROSSWALK COMBINEDWITH GREEN BICYCLE LANE PROPOSED SIDEWALK (TYP.)PROPOSED 8' GOSHENCLASS 1 TRAIL PROPOSED BOLLARDS WITHTRAIL PAVEMENT MARKINGS (TYP.)
PROPOSED TRAILLIGHTING (TYP.)
PROPOSED TRAILLIGHTING (TYP.)

EXISTING RAILROAD TRACKSEXISTING R/W
GOSHEN AVE.

IMPROVE CROSSING OVERTRACKSPROPOSED MOUNTABLESAFETY APRON (TYP.) PROPOSED MOUNTABLESAFETY APRON (TYP.)
ASPHALT PAVEOUT (TYP.)ASPHALTPAVEOUT (TYP.)

IMPROVE CROSSING OVERTRACKS
PROTECT IN PLACE EXISTING TRAFFIC SIGNAL (TYP.)

UPGRADE TRAFFIC SIGNAL DETECTION TO VIDEO DETECTION
R15'R15'
PROPOSED SAFETY FENCINGPER RAILROAD REQUIREMENTS(TYP.)
GOSHEN-VISALIA CORRIDORMOONEY BLVD. INTERSECTION DETAIL 20' 20'
MOONEY BLVD.
78 EXISTING R/W

CENTERLINEEXISTING R/WEXISTING R/W
STOP
STOP
PROPOSED 8' GOSHENCLASS 1 TRAIL

EXISTING RAILROAD TRACKS
PROPOSED SAFETY FENCING PER RAILROAD REQUIREMENTS(TYP.)PROPOSED ACCESSIBLECURB RAMP (TYP.)

HIGH-VISIBILITY CROSSWALK COMBINEDWITH GREEN BICYCLE LANE PROPOSED SIDEWALK (TYP.)PROPOSED SIDEWALK (TYP.)
PROPOSED 8' GOSHENCLASS 1 TRAIL
PROPOSED ACCESSIBLECURB RAMP (TYP.)
PROPOSED BOLLARDS WITHTRAIL PAVEMENT MARKINGS (TYP.)

CENTERLINE
EXISTING R/WGOSHEN AVE.

PROPOSED MOUNTABLESAFETY APRON (TYP.)
PROPOSED MOUNTABLESAFETY APRON (TYP.)
ASPHALT PAVEOUT(TYP.)ASPHALT PAVEOUT (TYP.)

IMPROVE CROSSINGOVER RAILROADIMPROVE CROSSING OVERRAILROAD PROPOSED TRASH RECEPTACLE (TYP.)
R15'R15'
GOSHEN-VISALIA CORRIDORLESLIE ST. INTERSECTION DETAIL
20' 20'
LESLIE ST.
79 STOP
STOP
PROPOSED 8' CLASS 1GOSHEN TRAILCENTERLINE

CENTERLINE

CENTERLINE
PROPOSED ACCESSIBLECURB RAMP (TYP.)
PROPOSED4' PAVEOUT (TYP.)
PROPOSED CURBAND GUTTER (TYP.)
PROPOSED ACCESSIBLECURB RAMP (TYP.)PROPOSED ACCESSIBLECURB RAMP (TYP.) EXIST. R/W
EXIST. R/W
EXIST. R/W
EXIST. R/W
EXIST. R/WEXIST. R/W

EXISTING RAILROAD TRACKS
GOSHEN AVE.

MURRAY AVE.

PROTECT IN PLACEEXISTING CURB ANDGUTTER (TYP.)
PROPOSED SIDEWALK (TYP.)
DD EXIST. R/W
EXIST. R/W
EXIST. R/W
PROPOSED TRAILLIGHTING (TYP.)
SWITZER AVE.

SEE INTERSECTION DETAILON NEXT SHEET
REFRESH STRIPING (TYP.)
PROPOSED TRAILBENCHES (TYP.)
EXIST. R/WEXIST. R/WEXIST. R/WEXIST. R/W
EXIST. R/WEXIST. R/WEXIST. R/WEXIST. R/WCENTERLINECENTERLINE

CENTERLINECENTERLINE
PROPOSED MOUNTABLESAFETY APRON (TYP.)
PROPOSED MOUNTABLESAFETY APRON (TYP.)
EXIST. R/W
PROPOSED SAFETYFENCING PER RAILROADREQUIREMENTS (TYP.)
25'2' SHOULDERGOSHEN CLASS I TRAIL8'2' SHOULDERRAILROADCL APPROX. 22'EXISTING RAILROADTRACKS
EXIST. R/W

2.5" AC6" CLASS II AB6" COMPACTED NATIVEEXISTING CURB AND GUTTEREXISTING PAVEMENT SECTIONSAFETY FENCING

PROPOSED TREES, LANDSCAPING,AND AMENITIES

EXISTING TREE,LOCATION VARIES
TRAIL LIGHTING 1'FROM EDGE OF SHOULDER
17'
MATCHLINE SEE DISPLAY 21 FOR CONTINUATIONMATCHLINE SEE DISPLAY 23 FOR CONTINUATION GOSHEN-VISALIA CORRIDORDISPLAY #22
100' 100'CROSS SECTION D-D(LOOKING EAST)
DIVISADERO ST. HALL ST.RINALDI ST.

HALL ST.

LEGEND

PROPOSED TRAIL LIGHTING
RIGHT OF WAYTYPICALEDGE OF PAVEMENTR/WTYP.EP

PROPOSED SAFETY FENCING
EXISTINGEXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 80 STOP
STOP
PROPOSED ACCESSIBLECURB RAMP (TYP.)

EXISTING RAILROADTRACKS
PROPOSED SIDEWALK (TYP.)
PROPOSED ACCESSIBLECURB RAMP (TYP.)PROTECT IN PLACE EXISTINGCURB AND GUTTER (TYP.) PROTECT IN PLACE EXISTINGCURB AND GUTTER (TYP.)

UPGRADE TRAFFIC SIGNALDETECTION TO VIDEODETECTION SYSTEMCENTER LINE PROPOSED 8' GOSHEN TRAIL

CENTER LINE
PROPOSED TRAIL LIGHTING (TYP.)
EXIST. R/W
EXIST. R/W

HIGH-VISIBILITY CROSSWALKCOMBINED WITH GREEN BICYCLE LANE PROPOSED BOLLARDS WITHTRAIL PAVEMENT MARKINGS (TYP.)GOSHEN AVE.

IMPROVE CROSSING OVERRAILROAD
PROPOSED 4' PAVEOUT (TYP.)PROPOSED MOUNTABLESAFETY APRON (TYP.) PROPOSED 4' PAVEOUT (TYP.)PROPOSED MOUNTABLESAFETY APRON (TYP.) EXIST. R/W
EXIST. R/W
PROTECT IN PLACE EXIST.TRAFFIC SIGNAL (TYP.)REFRESH STRIPING (TYP.)

IMPROVE CROSSING OVERRAILROAD
GOSHEN-VISALIA CORRIDORDIVISADERO ST. INTERSECTION DETAIL 20'
20'
DIVISADERO ST.
81 CENTERLINE

CENTERLINE

EXISTING RAILROAD TRACKS
PROPOSED ACCESSIBLECURB RAMP (TYP.)
PROPOSED 4' PAVEOUT (TYP.)
PROTECT IN PLACE EXISTINGCURB AND GUTTER (TYP.)
PROPOSED TRAIL LIGHTING(TYP.)
PROPOSED SAFETYFENCING PER RAILROADREQUIREMENTS (TYP.)

EXISTING R/W
PROPOSED 8' GOSHEN TRAIL

EXISTING R/W
MURRAY AVE.

REFRESH STRIPING (TYP.)
PROTECT IN PLACE EXIST.TRAFFIC SIGNAL (TYP.)
GOSHEN-VISALIA CORRIDORHALL ST. INTERSECTION DETAIL
20'
20'
82 RR

DDCENTERLINE

EXISTING R/W

EXISTING R/WEXISTING R/W
DUDLEY ST.

W. GOSHEN AVE.

MURRAY AVE.

EXISTING R/WEXISTING R/W EXISTING R/WEXISTING R/W

EXISTING R/W

EXISTING R/WEXISTING R/W EXISTING R/W

EXISTING R/WEXISTING R/W

EXISTING R/W

EXISTING R/WEXISTING R/W

CENTERLINE

CENTERLINECENTERLINE

CENTERLINECENTERLINE
EXISTING R/WPROPOSED BULB OUTS WITHACCESSIBLE CURB RAMPS (TYP.) PROPOSED 8' CLASS 1GOSHEN TRAIL
PROPOSED SAFETYFENCING PER RAILROADREQUIREMENTS (TYP.)
REFRESH EXISTINGSTRIPING (TYP.)
PROTECT IN PL ACEEXISTING CURB AND GUTTER (TYP.)

EXISTING RAILROAD TRACKS
PROPOSED TRAILLIGHTING (TYP.)

SEE NEXT SHEET FOR INTERSECTIONDETAIL
PROPOSED TRAIL BENCHES (TYP.)PROPOSED TRASHRECPTACLE (TYP.) 25'2' SHOULDERGOSHEN CLASS I TRAIL8'2' SHOULDERRAILROADCL APPROX. 22'EXISTING RAILROADTRACKS
EXIST. R/W

2.5" AC6" CLASS II AB6" COMPACTED NATIVEEXISTING CURB AND GUTTEREXISTING PAVEMENT SECTIONSAFETY FENCING

PROPOSED TREES, LANDSCAPING,AND AMENITIES

EXISTING TREE,LOCATION VARIES
TRAIL LIGHTING 1'FROM EDGE OF SHOULDER
17'
GOSHEN-VISALIA CORRIDORDISPLAY #23
100' 100'CROSS SECTION D-D(LOOKING EAST)
MATCHLINE SEE DISPLAY 22 FOR CONTINUATION
GIDDINGS ST. JACOB ST.

LEGEND

PROPOSED TRAIL LIGHTING
RIGHT OF WAYTYPICALEDGE OF PAVEMENTR/WTYP.EP

PROPOSED SAFETY FENCING
EXISTINGEXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 83 EXISTING R/W

CENTERLINE

CENTERLINEEXISTING R/W

EXISTING R/W

EXISTING R/W
EXISTING R/WMURRAY AVE.

PROPOSED 8' GOSHEN TRAIL

PROTECT IN PLACE EXISTINGCURB AND GUTTER

EXISTING RAILROAD TRACKS
PROTECT IN PLACEEXIST. TRAFFIC SIGNAL (TYP.)

ASPHALT PAVEOUT

PROPOSED TRASH RECEPTACLEPROPOSED TRAIL BENCH

PROPOSED BULB OUTACCESSIBLE CURB RAMP
REFRESH EXISTING STRIPING (TYP.)

UPGRADE TRAFFIC SIGNALDETECTION TO VIDEODETECTION SYSTEM

PROPOSED BULB OUTACCESSIBLE CURB RAMP

PROPOSED BULB OUTACCESSIBLE CURB RAMP
PROPOSED 4' PAVEOUT
(TYP.)
GOSHEN-VISALIA CORRIDORGIDDINGS ST. INTERSECTION DETAIL 20'
20'
84 1

UPRR REMS
Project 785161

REIMBURSEMENT AGREEMENT

PRELIMINARY ENGINEERING SERVICES

Effective Date:

Estimate: $100,000.00

THIS REIMBURSEMENT AGREEMENT ( Agreement) is made and entered into as of the Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and CITY OF VISALIA, CALIFORNIA (Agency).

RECITALS
A. Agency desires to initiate the project more particularly described on Exhibit A attached hereto (Project).

B. The Project will affect Railroad's track and right of way at or near the Project area more particularly described on Exhibit A.

C. Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement.

AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:

1. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to perform (or shall cause a third- party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit B attached hereto ( PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance, or completeness of the PE Work; and (c) Agency's reliance on the PE Work is at Agency's own risk.

2. Notwithstanding the Estimate (Estimate), Agency agrees t o reimburse Railroad and/or Railroad's third- party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. Within sixty (60) days after completion of the PE Work, Railroad will submit (and/or will cause its third- party consultant to submit) a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third- party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply regardless whether Agency declines to proceed with the Project or Railroad elects not to approve the Project. 85 2

4. Agency acknowledges and agrees that Railroad may withhold its approval for the Project for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications , and prepare material and force cost estimates for any Project related work performed by Railroad.

5. If the Project is approved by Railroad, Railroad shall prepare and forward to Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by Agency and Railroad.

6. Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed.

7. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties.

8. This Agreement sets forth the entire agreement between the parties regarding the Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related to the Project, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date.

CITY OF VISALIA, CALIFORNIA UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation

Signature Signature

Peggy Ygbuhay
Printed Name Printed Name

Manager I, Engineering – Public Projects
Title Title
86 Exhibit A
Project Description and Location

Project Description

City of Visalia, CA proposes to construct a trail parallel to Railroad's track which will impact the crossings referred to below.

Location

Goshen Subdivision

DOT
Crossing
Type Milepost Street Name
752939V Public 246.00 Camp Drive
752941W Public 246.46 Road 76
752943K Public 247.21 Plaza Drive
752970G Public 248.28 Goshen Avenue
766390G Public 247.67 Kelsey Street
752971N Public 248.60 Goshen Avenue
752973C Public 248.68 Shirk Road
752975R Public 249.66 Akers Road
752978L Public 250.69 Demaree Road
752980M Public 251.69 N. Mooney Boulevard
752981U Public 251.80 N. Leslie Street
752982B Public 251.94 Divisadero Street
752983H Public 252.20 N. Giddings Avenue

87 Exhibit B
Scope of Project Services

Scope of work includes, but is not limited to the following

• Field diagnostic(s) and inspections
• Plan, specification, and construction review
• Project design
• Preparation of Project estimate for force account or other work performed by the Railroad
• Meetings and travel

88 Exhibit C
Billing Contact Information

Name Diego Corvera
Title Civil Engineer
Address 315 Acequia Avenue, Visalia, CA, 93291
Work Phone (559) 713-4209
Cell Phone
Email [email protected]
Agency
Project No.

89 Resolution No. 2022-xx

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF VISALIA AUTHORIZING REIMBURSEMENT AGREEMENT WITH

UNION PACIFIC RAILROAD COMPANY

WHEREAS, the City of Visalia is moving forward with the design phase for the Goshen Trail from Giddings Street to Camp Drive , this project is referred to as the Goshen Trail Reconstruction Project; and

WHEREAS, the project is the reconstruction of 6.1 miles of asphalt trail that runs parallel to an active Union Pacific Railroad Company railroad; and

WHEREAS, the trail affects th irteen railroad crossing s as listed in the Reimbursement Agreement; and

WHEREAS, Union Pacific Railroad Company is responsible for safety and maintenance of the adjacent r ailroad, any in frastructure improvements that directly or indirectly affect the active railroad will require input and app roval from the U nion Pacific Railroad Company; and

WHEREAS, Union Pacific Railroad Company has requested that the City sign a Reimbursement Agreement to establish the financial responsibility of the City to reimburse the Union Pacific Railr oad Company for their design review , input and approval of the Goshen Trail Reconstruction Project as it pertains to its im pact on the active railroad; and

WHEREAS, under the terms of the Reimbursement Agreement the City will agree to be reimburse the Union Pac ific R ailroad Company for one hund red percent (100%) of all actual costs and expenses incurred for the engineering services associated with the design of the Goshen Trail Reconstruction Project; and

WHEREAS, Union Pacific Ra ilroad Company will provide progressive billing to the City of Visalia b ased on actual cost in connection with the engineering services for the Goshen Trail Reconstruction Project as it pertains to its impact on the active railroad; and
WHEREAS, the City of Visalia will pay Union Pacific Railroad Company within 30 days after receiving any progressive submitted; and

WHEREAS, Union Pacific Railroad Company will provide final billing within sixty (60) days after complet ion of the eng ineering services to the C ity of Visalia b ased on actual cost in connection with the engineering services for the Goshen Tr ail Reconstruction Project as it pertains to its impact on the active railroad; and

WHEREAS, the City of Visalia will pay Union Pacific Railroad Company within 30 days after receiving final bill;

90 Resolution No. 2022-xx

NOW, THEREFORE, BE IT RESOLVED, that that the City Council of the City of Visalia:

1. The Visalia City Manager is authorized on behalf of the City of Visalia to sign Reimbursement Agreement with Union Pacific Railroad Company, (draft attached for reference) with any such additional non-substantive changes as the City Manager deems appropriate.
91 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0292 Agenda Date: 8/15/2022 Agenda #: 4.

Agenda Item Wording:

Authorize airport staff to conditionally accept a federal grant in the amount of $121,500 to fund a Federal Aviation Administration (FAA) required Pavement Maintenance Management Plan (PMMP).

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

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

Staff recommends that Council authorize staff to accept a federal grant in the amount $121,500 to fund the upcoming PMMP project on the conditional basis of the grant being as outlined in this report once the official offer is received by the FAA. Staff is preemptively bringing this to council as the FAA now requires all grant offers be officially accepted within two weeks of their offer Background Discussion:

In November of 2019, the Visalia City Council authorized a Professional Services Agreement between the City of Visalia and Brandley Engineering for the purpose of providing airport engineering design services and project management for a 5-year contract period. The projects that Brandley will shepherd for the airport as well as the majority of the CIP projects at the airport are federally funded.

To continue fully qualifying for FAA funding of the airport there were two key projects that needed to be completed. The first is an updated Airport Layout Plan which is an 18-month project that began in November of 2021 and is expected to be completed by summer of 2023. The second project is a Pavement Maintenance Management Plan (PMMP). This project, which is already on our CIP list, as well as the FAA Airport Capital Improvement Plan (ACIP) for the current fiscal year, is expected to also take 18-months from authorization to proceed to completion.

The PMMP will consist of four main elements:

1. Pavement Structure Determination-This will consist of geotechnical borings into all our existing movement areas and will determine the existing strength and thickness of every pavement section on the airfield.

2. Falling Weigh Deflectometer Testing- This non-destructive testing will obtain necessary basic date to evaluate the pavement at the airfield. The falling weigh deflectometer will be utilized every 100-200 feet of all movement areas.

3. Pavement Condition Index (PCI) Determination-A detailed visual inspection of all paved areas of the airfield. Once these surveys are complete, Pavement Condition Index values will be assigned to each section of pavement.

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92 File #: 22-0292 Agenda Date: 8/15/2022 Agenda #: 4.

4. Engineering Analysis and Report- All the data obtained from the first three elements will be put together and analyzed along with air traffic forecasts to determine the lifespan of the movement areas as well as recommended future rehabilitation.

The PMMP report that the Citywill receive at the completion of the project will be vital in guaranteeing federal funding for the rehabilitation when needed of all airfield movement areas and ensuring the appropriate pavement is treated at the appropriate time.

Airport staff has not received the official FAA Grant offer yet; it is expected in mid-August, so any authorization given to accept the grant is contingent upon the grant being for the amount and terms given in this report and if there are any discrepancies airport staff will come back to council to approve the changes. The reason for getting pre-approval is that the FAA now wants to have a less than two-week turnaround from when a grant is offered and when it is accepted. With this condensed timeline, airport staff would not have time to wait for the official grant offer, take it to council for approval and send in the acceptance letter within the time allotted.

Airport staff will return to council after formally accepting the grant to appropriate the funds for the project and to award a contract.

Fiscal Impact:

Visalia Municipal Airport would receive $121,500 in federal funds to put towards the upcoming FAA required PMMP project. Total project cost will be $135,000, the remaining $13,500 in project cost will be split between $6,075 in State of California participation, and $7,425 from Airport Fund.

The State of California funds will be given through a separate grant application process that is already guaranteed but can only become official once the FAA grant is officially accepted.

Prior Council Action:

Nov 4th 2019: Council authorized an annual contract with Brandley Engineering for the purpose of providing airport engineering design services and project management, for a 5-year contract period.

Alternatives: City Council could not authorize the acceptance of the federal grant and airport staff would explore other avenues to fund the FAA required PMMP project.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to conditionally accept a federal grant in the amount of $121,500 to fund the upcoming PMMP project.

Environmental Assessment Status: NA.

CEQA Review: N/A
Attachments: .

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93 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0295 Agenda Date: 8/15/2022 Agenda #: 5.

Agenda Item Wording:

Adopt Resolution 2022-49 authorizing City Manager to submit a grant application to the Department of Water Resources for the South Linwood Emergency Drought Project in the amount of $827,580 and appropriate grant funds, contingent upon award.

Deadline for Action: None
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 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.) Adopt Resolution 2022-XX authorizing the City to submit the Small Community Drought Relief Grant application to the Department of Water Resources requesting grant funds in the amount of $827,580 and accept and appropriate grant funds, contingent upon award; and

2.) Enter into a grant agreement with the Department of Water Resources to accept the grant funds; and

3.) Enter into an agreement with Self Help to provide grant administrative services in the amount of $26,016 to be funded entirely through the grant.

Background Discussion:

Project Background:

The City of Visalia and Self Help Enterprises (SHE), a nonprofit organization, have been working together in assisting residents located along Linwood Street between Mineral King Avenue and Persian Ditch in the City of Visalia with establishing new potable water services due to these residents having lost their water supply as a result of their private wells going dry. A total of 11 properties along Linwood Street do not have a domestic water connection to Cal-Water service line and operate with their water supply sourced from private wells. Properties are currently on a temporary water supply, due to their private well sources going dry. (Refer to the attached project vicinity map for reference Exhibit A.) The properties along Linwood Street that are impacted by drought and in need of domestic water service are determined to be a state small community which is why they were still serviced by private wells and did not have available domestic water service by Cal -Water.

Visalia City Council Printed on 8/12/2022Page 1 of 3
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94 File #: 22-0295 Agenda Date: 8/15/2022 Agenda #: 5.

Governor Newsom proclaimed a state of emergency for drought in April of 2021, this proclamation lead to the establishment of the Small Community Drought Relief Program. The purpose of the Small Community Drought Relief Program is to provide immediate and near-term financial support to help communities through struggles and impacts of the current and future droughts. The Department of Water Resources (DWR) are the grantors of the grant funding from the Small Community Drought Relief Program.

The needs of this project qualify for grant funding from the Small Community Drought Relief Program.

SHE and Cal-Water are not eligible recipients of the grant; the City is the only eligible recipient of the grant funds which explains the City’s involvement in the process. Staff recommends the City of Visalia apply for grant funding in order to fund this project and provide assistance to the residents along Linwood Street.

Project Description and Scope:

In order to establish domestic water service to the properties in need, domestic water service connections will need to be provided by Cal-Water. The nearest Cal-Water domestic mainline is in Linwood Street north of Persian Ditch. This line will need to be extended South along Linwood Street to provide water services to the 11 properties in need. The project scope of work will encompass the extension of a Cal-Water 8”mainline approximately 750’south along Linwood Street from an existing main located in Mineral King Avenue, the installation of 12 new lateral water services, and 1 lateral service stub for future connection. The project will also include work on private property for each of the 11 properties consisting of the following: decommissioning of existing wells, re-routing and connecting existing private plumbing to the newly provided Cal-Water water service, installation of cross contamination prevention equipment, and the disconnection of 1 existing well that is to remain for irrigation use only.

Project Roles:

Upon grant award, the City of Visalia would be the grantee and the DWR would be the Grantor. The City of Visalia will oversee the entire project as the grantee and serve in a project management role ensuring all tasks are completed to acceptable standards and provide administration, construction management, environmental review, inspections, and oversight services for the project. SHE will serve in a role to provide grant administration and coordination services with SHE acting as an organizer and coordinating contact between parties. Cal-Water will serve in a role for design, construction procurement, project construction, and construction management services. This role is driven by Cal-Water owning and managing the water service network within the City of Visalia.

Staff will return to Council at a near future date to request authorization to enter into an agreement with Cal-Water. This agreement is currently being drafted and finalized.

Fiscal Impact:

If the grant is awarded, the project will receive funding from DWR from the Small Community Drought Relief Grant in the amount of $827,580. These funds were provided to DWR as a result of Governor Newsom’sproclamation of a State of Emergency for Drought in April of 2021. The grant program is authorized to fund interim or immediate relief including construction or installation of permanent connection to adjacent water systems, recycled water projects that provide immediate relief to potable water supplies, and other projects that support immediate drought response.

Budget Category Total Cost
Grant Administration & Outreach (Self Help Enterprises) $26,017 Project Management (The City of Visalia) $69,500
Design/Construction Implementation (Cal-Water) $732,063 Total Grant Budget Amount $827,580
Visalia City Council Printed on 8/12/2022Page 2 of 3
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95 File #: 22-0295 Agenda Date: 8/15/2022 Agenda #: 5.

Budget Category Total Cost
Grant Administration & Outreach (Self Help Enterprises) $26,017 Project Management (The City of Visalia) $69,500
Design/Construction Implementation (Cal-Water) $732,063 Total Grant Budget Amount $827,580
Staff will return to Council at a near future date to request authorization to execute an agreement with Cal-Water.

Prior Council Action:

NA
Recommended Motion (and Alternative Motions if expected):

I move to authorize: adopt resolution 2022-XX authorizing City Manager to submit a grant application to the Department of Water Resources for the South Linwood Emergency Drought Project in the amount of $847,580, accept and appropriate grant funds contingent upon award, authorize the City Manager to enter into an agreement with Department of Water Resources for acceptance, and authorize the City Manager to enter into an agreement with Self Help Enterprise for in the amount of $26,017.

Environmental Assessment Status:

NA
CEQA Review:

Categorically Exempt
Attachments:

Resolution 2022-49
DWR Draft Grant Agreement
Self Help Enterprise Services Agreement
Exhibit A - Project Vicinity Map
Visalia City Council Printed on 8/12/2022Page 3 of 3
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96 RESOLUTION NO. [xxxx]

A RESOLUTION OF THE CITY OF VISALIA AUTHORIZING THE GRANT

APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE LINWOOD

EMERGENCY DROUGHT PROJECT
WHEREAS, The City of Visalia proposes to implement The Linwood Emergency Drought Project;
WHEREAS, The Linwood Emergency Drought Project is being implemented in response to a drought impact along Linwood Street north of Mineral King Avenue where eleven residential properties within the City limits, previously serviced private wells, now dry or diminished, do not have a connection to domestic water service, these properties are seeking domestic water service through, Cal-Water, the local water service provider; and
WHEREAS, The City of Visalia is seeking grant funding from the State of California to pay for domestic water service connections along with modifications to Cal-Water’s water service system needed to serve this area; and WHEREAS, The City of Visalia has the legal authority and is authorized to enter into a funding agreement with the State of California; and WHEREAS, The City of Visalia has negotiated with Self Help Enterprises, a non profit entity with experience in administering similar drought emergency grants from the State of California to provide grant administration and coordination for the project; and
WHEREAS, The City of Visalia intends to apply for grant funding from the California Department of Water Resources for The Linwood Emergency Drought Project
THEREFORE, BE IT RESOLVED by The City of Visalia as follows:

1. That pursuant and subject to all of the terms and provisions of the California State Budget Act of 2021 (Stats. 2021, ch. 240, § 80), The Visalia City Manager or designee is hereby authorized and directed to prepare and file an application for funding with the Department of Water Resources and take such other actions as necessary or appropriate to obtain grant funding and to utilize grant funds to pay for the design, construction and installation of the necessary water system improvements.

2. The Visalia City Manager, or designee is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto.

3. The Visalia City Manager is authorized and directed to enter into an agreement Self Help Enterprises for grant administrative services. 97 4. The City of Visalia City Manager, or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
[Printed Name]
[Title], [Governing Body]

Attest:
______________________________
[Printed Name]
[Secretary/Clerk]

98 Grant Agreement No. 46000XXXXX

Page 1 of 28 ends

STATE OF CALIFORNIA

CALIFORNIA NATURAL RESOURCES AGENCY

DEPARTMENT OF WATER RESOURCES

AGREEMENT NUMBER: 46000XXXXX

FUNDING AGREEMENT BETWEEN THE STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
AND
<GRANTEE’S NAME>

FOR THE

PROJECT NAME

A PART OF THE SMALL COMMUNITY DROUGHT RELIEF PROGRAM

FUNDED BY

THE LEGISLATURE PURSUANT TO THE BUDGET ACT OF 2021
(STATS. 2021, CH. 240, § 80) AND ITS TRAILER BILL,
(Wat. Code, § 13198 et seq)

99 Grant Agreement No. 46000XXXXX

Page 2 of 28 ends

FUNDING AGREEMENT BETWEEN

THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND <GRANTEE’S NAME>
<SAP AGREEMENT NUMBER>

SMALL COMMUNITY DROUGHT RELIEF PROGRAM
THIS FUNDING AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" and the <Grantee’s Name> a <select appropriate descriptor and delete others – public agency, non-profit, etc.> in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:

1. PURPOSE. State shall provide funding pursuant to the Budget Act of 2021 (Stats. 2021, ch. 240, § 80) to the Grantee to assist in financing the <insert project title> (Project). By executing this Agreement, the Grantee certifies that the purpose of the Project is in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.

2. TERM OF FUNDING AGREEMENT. The term of this Funding Agreement begins on the date this Funding Agreement is initially executed by State, through final payment plus three (3) years unless otherwise terminated or amended as provided in this Agreement. However, all work shall be completed by <Insert date based on schedule> and no funds may be requested after <Insert date work completed + 3 - 6 months>.

3. PROJECT COST. The reasonable cost of the Project is estimated to be $<insert Project Cost>.

4. FUNDING AMOUNT. The maximum amount payable by the State under this Agreement shall not exceed $<INSERT AMOUNT>.

5. GRANTEE REQUIRED COST SHARE. Grantee agrees to fund the difference between the actual Project Cost in Paragraph 3 and the amount specified in Paragraph 4, if any.

6. BASIC CONDITIONS. State shall have no obligation to disburse money for the Project under this Funding Agreement until Grantee has satisfied the following conditions:

A. For the term of this Funding Agreement, Grantee submits timely Quarterly Progress Reports as required by Paragraph 13, “Submission of Reports.”
B. Grantee submits all deliverables as specified in Paragraph 13 of this Funding Agreement and in Exhibit A.

C. Prior to the commencement of construction or implementation activities, Grantee shall submit the following to the State:
i. Final plans and specifications certified by a California Registered Civil Engineer as to compliance for the Project as listed in Exhibit A of this Funding Agreement. ii. Work that is subject to the California Environmental Quality Act (CEQA) and or environmental permitting shall not proceed under this Funding Agreement until the following actions are performed:
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a. Grantee submits to the State all applicable environmental permits as indicated on the Environmental Information Form to the State, and
b. Documents that satisfy the CEQA process are received by the State, and c. Grantee receives written concurrence from the State of the Lead Agency’s CEQA document(s) and State notice of verification of environmental permit submittal.

State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, State will consider the environmental documents and decide whether to continue to fund the Project or to require changes, alterations, or other mitigation. Grantee must also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including environmental impact statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/implementation.

7. DISBURSEMENT OF FUNDS. State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Funding Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations pursuant to any federal statute or regulation. Any and all money disbursed to Grantee under this Funding Agreement shall be deposited in a separate account and shall be used solely to pay Eligible Project Costs.

8. ELIGIBLE PROJECT COST. Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition, legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Work performed on the Project after <approval date listed in Commitment Letter> shall be eligible for reimbursement.

Costs that are not eligible for reimbursement include, but are not limited to the following items:

A. Costs, other than those noted above, incurred prior to <approval date listed in Commitment Letter>.

B. Operation and maintenance costs, including post-construction performance and monitoring costs.

C. Purchase of equipment not an integral part of the Project.

D. Establishing a reserve fund.

E. Monitoring and assessment costs for efforts required after Project construction is complete.

F. Replacement of existing funding sources for ongoing programs.

G. Payment of federal or state taxes.

H. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law.

I. Support of existing agency requirements and mandates (e.g., punitive regulatory agency requirement).
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J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or land purchased prior to <grant award date.>
K. Overhead and indirect costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project).

Examples of Indirect Costs include but are not limited to: central service costs; general administration of the Grantee; non-project-specific accounting and personnel services performed within the Grantee’s organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition; conference fees; and, generic overhead or markup. This prohibition applies to the Grantee and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.

9. METHOD OF PAYMENT. After the disbursement requirements in Paragraph 6 “Basic Conditions” are met, State will disburse the whole or portions of State funding to Grantee, following receipt from Grantee via US mail or Express mail delivery of a “wet signature” invoice, or an electronic invoice certified and transmitted via DocuSign for costs incurred, including Cost Share, and timely Quarterly Progress Reports as required by Paragraph 13, “Submission of Reports.” Payment will be made no more frequently than monthly, in arrears, upon receipt of an invoice bearing the Funding Agreement number. State will notify Grantee, in a timely manner, whenever, upon review of an Invoice, State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to State. Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to State to cure such deficiency(ies). If Grantee fails to submit adequate documentation curing the deficiency(ies), State will adjust the pending invoice by the amount of ineligible or unapproved costs.

Invoices submitted by Grantee shall include the following information:

A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for the Project during the period identified in the particular invoice for the implementation of the Project.

C. Invoices shall be submitted on forms provided by State and shall meet the following format requirements:
i. Invoices must contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoices must be itemized based on the categories (i.e., tasks) specified in Exhibit B. The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, timesheets) must be provided for all costs included in the invoice.
iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 4, “Funding Amount” and those costs that represent Grantee’s costs, as applicable, in Paragraph 5, “Grantee Required Cost Share.” v. Invoices can be submitted by one of the following methods. 102
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a. Via either email at <grant Manager’s email> or upload it on DWR’s GRanTS website (Grants.water.ca.gov).
b. Mail the invoice with the original “wet signature” to the following address: <grant manager’s name and address>
All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs/cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572- 1573; Pen. Code, §§ 115, 470, 487-489.)

10. WITHHOLDING OF DISBURSEMENTS BY STATE. If State determines that the Project is not being implemented in accordance with the provisions of this Funding Agreement, or that Grantee has failed in any other respect to comply with the provisions of this Funding Agreement, and if Grantee does not remedy any such failure to State’s satisfaction, State may withhold from Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests. Where a portion of the State funding has been disbursed to the Grantee and State notifies Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 11, the portion that has been disbursed shall thereafter be repaid immediately as directed by State. State may consider Grantee’s refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Paragraph 11, “Default Provisions.” If State notifies Grantee of its decision to withhold the entire funding amount from Grantee pursuant to this Paragraph, this Funding Agreement shall terminate upon receipt of such notice by Grantee and the State shall no longer be required to provide funds under this Funding Agreement and the Funding Agreement shall no longer be binding on either party.

11. DEFAULT PROVISIONS. Grantee will be in default under this Funding Agreement if any of the following occur:

A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Grantee and State evidencing or securing Grantee’s obligations.

B. Making any false warranty, representation, or statement with respect to this Funding Agreement, the application, or any documents filed to obtain grant funding.

C. Failure to operate or maintain the Project in accordance with this Funding Agreement.

D. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5.

E. Failure to submit timely progress reports.

F. Failure to routinely invoice State.

G. Failure to meet any of the requirements set forth in Paragraph 12, “Continuing Eligibility.” 103
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Should an event of default occur, State shall provide a notice of default to the Grantee and shall give Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, State may do any of the following:

A. Declare the funding disbursed be immediately repaid.

B. Terminate any obligation to make future payments to Grantee.

C. Terminate the Funding Agreement.

D. Take any other action that it deems necessary to protect its interests.

In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Grantee agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

12. CONTINUING ELIGIBILITY. Grantee must meet the following ongoing requirement(s) to remain eligible to receive State funds:

A. Grantee must adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406) for data sharing, transparency, documentation, and quality control.

B. If the Grantee diverting surface water, the Grantee must maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et seq.

C. If applicable, maintain compliance with the Urban Water Management Planning Act (Wat. Code, § 10610 et seq.).

D. If applicable, maintain compliance with Sustainable Water Use and Demand Reduction requirements outlined in Water Code Section 10608, et seq.

13. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Funding Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to State. All reports shall be submitted to the State’s Project Manager and shall be submitted via email or DWR’s “Grant Review and Tracking System” (GRanTS). If requested, Grantee shall promptly provide any additional information deemed necessary by State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F. The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State, of a Project Completion Report is a requirement for the release of any funds retained for such project.

A. Quarterly Progress Reports: Grantee shall submit Quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Quarterly Progress Reports shall be sent directly to the Project Manager via email or uploaded via GRanTS, and the State’s Project Manager notified of upload. Quarterly Progress Reports shall, in part, provide a brief description of the work performed, Grantee’s activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Funding Agreement during the reporting period. The first Quarterly Progress Report should be submitted to the State no later than three months after the execution of the agreement with future reports then due on successive three-month increments based on the invoicing schedule and this date.
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B. Project Completion Report: Grantee shall prepare and submit to State a Project Completion Report for the Project. Grantee shall submit the Project Completion Report within ninety (90) calendar days of project completion. The Project Completion Report shall include, in part, a description of actual work done, any changes or amendments to the Project, and a final schedule showing actual progress versus planned progress, copies of any final documents or reports generated or utilized during the Project. The Project Completion Report shall also include, if applicable, certification of final project by a registered civil engineer, consistent with Standard Condition D.17, “Final Inspections and Certification of Registered Civil Engineer”. A DWR “Certification of Project Completion” form will be provided by the State.

C. Post-Performance Reports: Grantee shall submit Post-Performance Reports. Post- Performance Reports shall be submitted to State within ninety (90) calendar days after the first operational year of the Project has elapsed. This record keeping and reporting process shall be repeated annually for a total of 3 years after the completed project begins operation.

14. OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by State, Grantee agrees to ensure or cause to be performed the commencement and continued operation of the Project, and shall ensure or cause the Project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. Grantee or their successors may, with the written approval of State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Funding Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal of Grantee to ensure operation and maintenance of the Project in accordance with this provision may, at the option of State, be considered a breach of this Funding Agreement and may be treated as default under Paragraph 11, “Default Provisions.”

15. NOTIFICATION OF STATE. Grantee shall promptly notify State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Funding Agreement. Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

B. Any public or media event publicizing the accomplishments and/or results of this Funding Agreement and provide the opportunity for attendance and participation by State’s representatives. Grantee shall make such notification at least 14 calendar days prior to the event.

C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State. 105
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D. The initiation of any litigation or the threat of litigation against the Grantee regarding the Project or that may affect the Project in any way.

E. F inal inspection of the completed work on a project by a Registered Civil Engineer, in accordance with Standard Condition D.17, “Final Inspections and Certification of Registered Civil Engineer.” Grantee shall notify the State’s Project Manager of the inspection date at least 14 calendar days prior to the inspection in order to provide State the opportunity to participate in the inspection.

16. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Funding Agreement shall be in writing. Notices may be transmitted by any of the following means:

A. By delivery in person.

B. By certified U.S. mail, return receipt requested, postage prepaid.

C. By “overnight” delivery service, provided that next-business-day delivery is requested by the sender.

D. By electronic means.

E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the below addresses. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.

17. PERFORMANCE EVALUATION. Upon completion of this Funding Agreement, Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.

18. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Funding Agreement are as follows:

Department of Water Resources
Steve Doe, PhD, P.E.

Manager, Special Investigations Branch,
South Central Region Office, DRA
3374 East Shields Avenue, Room 3
Fresno, CA 93726-6913
Phone: (559) 230-3348
Email: [email protected]

<Grantee’s Name>
<Name of the representative>
<Address>

Phone: (xxx) xxx-xxxx
Email: [email protected]

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Direct all inquiries to the Project Manager:

Department of Water Resources
<Project Manager’s Name>
<Office Address>

Phone: (xxx) xxx-xxxx
Email: [email protected]

<Grantee’s Name>
<Name of the representative>
<Address>

Phone: (xxx) xxx-xxxx
Email: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.

19. STANDARD PROVISIONS AND INTEGRATION. This Funding Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Funding Agreement by this reference:

Exhibit A – WORK PLAN
Exhibit B – BUDGET
Exhibit C – SCHEDULE
Exhibit D – STANDARD CONDITIONS
Exhibit E – GRANTEE AUTHORIZING RESOLUTION
Exhibit F – REPORT FORMATS AND REQUIREMENTS
Exhibit G – STATE AUDIT DOCUMENT REQUIREMENTS

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IN WITNESS WHEREOF, the parties hereto have executed this Funding Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES

______________________________
Arthur Hinojosa, Manager
Division of Regional Assistance

Date__________________________
<Grantee’s Name>

______________________________
<Name>, <Title>
Grantee’s Name

Dat
e__________________________

Approved as to Legal Form and Sufficiency

______________________________
Robin Brewer, Assistant General Counsel
Office of General Counsel

Date__________________________

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Exhibit A

WORK PLAN

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Exhibit B
BUDGET
All work associated with the Project must be completed prior to payment of retention. The Grantee is required to maintain all financial documents related to the Project in accordance with Exhibit G (State Audit Document Requirements for Grantees).

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Exhibit C

SCHEDULE

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Exhibit D

STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:

A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Funding Agreement separately from all other Grantee funds.

Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

B. Disposition of Money Disbursed: All money disbursed pursuant to this Funding Agreement shall be deposited in a separate account, administered, and accounted for pursuant to the provisions of applicable law.

C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Funding Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Funding Agreement, whichever comes first.

D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement:
“Funding for this project has been provided in full or in part from the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.

D.4. AMERICANS WITH DISABILITIES ACT: By signing this Funding Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State 112
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may elect to pursue any remedies provided in Paragraph 11 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.

Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.

D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Funding Agreement and Grantee shall not be obligated to perform any provisions of this Funding Agreement. Nothing in this Funding Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to State or offer a Funding Agreement amendment to Grantee to reflect the reduced amount.

D.7. CEQA: Activities funded under this Funding Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 11.

D.8. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

D.9. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim. State and Grantee shall then attempt to negotiate a 113
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resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/State-Contracting.

D.11. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

D.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void.

Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment.

No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date, he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date, he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.)
D. Employees and Consultants to the Grantee: Individuals working on behalf of the Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.
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D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.14. DI SPOSITION OF EQUIPMENT : Grantee shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory, State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.

D.15. DRUG-F
REE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug- Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

A. P
ublish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by the Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment, contract, or subcontract.

D.16. EAS
EMENTS: Where the Grantee acquires property in fee title or funds improvements to real property already owned in fee by the Grantee using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in the first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State 115
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permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement acceptable to the State may result in termination of this Agreement.

D.17. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Civil Engineer that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Funding Agreement.

D.18. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.19. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:

A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding.

C. Comply with all applicable California, federal, and local laws and regulations.

D. Implement the Project in accordance with applicable provisions of the law.

E. Fulfill its obligations under the Funding Agreement and be responsible for the performance of the Project.

F. Obtain any and all permits, licenses, and approvals required for performing any work under this Funding Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State.

G. Be solely responsible for design, construction, and operation, and maintenance of the Project. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.

H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work.

D.20. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including any breach of this Agreement. Grantee shall require its contractors or subcontractors 116
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to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.

D.21. INDEPENDENT CAPACITY: Grantee, and the agents and employees of the Grantee, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

D.22. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.

D.23. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grantee. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.

D.24. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at:
http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR’s Public Works Manual at: http://www.dir.ca.gov/dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self- insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

D.25. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C that concern the budget and schedule without formally amending this Funding Agreement. Non- material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Non- material changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non-material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.

D.26. NONDISCRIMINATION: During the performance of this Funding Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, gender identity, and denial of medical and family care leave or pregnancy disability leave.

Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and 117
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harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.

D.27. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

D.28. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.) D.29. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State. Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee to meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.31. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representatives of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.32. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Funding Agreement, any remaining funds revert to the State.

The State will notify the Grantee stating that the Project file is closed, and any remaining balance will be disencumbered and unavailable for further use under this Funding Agreement.

D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

D.34. RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for reimbursement of Eligible Project Costs until the Project is completed and Final 118
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Report is approved. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project.

D.35. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this Paragraph for any public purpose.

D.36. SEVERABILITY: Should any portion of this Funding Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as modified.

D.37. SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that:

A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Funding Agreement.

D.38. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.39. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.

D.40. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 11, the State may terminate this Funding Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Funding Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 11.

D.41. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.42. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.43. TIMELINESS: Time is of the essence in this Funding Agreement.

D.44. TRAVEL: Travel includes the reasonable and necessary costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Funding Agreement.

Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at:
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http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.

D.45. UNION ORGANIZING: Grantee, by signing this Funding Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Funding Agreement.

Furthermore, Grantee, by signing this Funding Agreement, hereby certifies that:

A. No State funds disbursed by this Funding Agreement will be used to assist, promote, or deter union organizing.

B. Grantee shall account for State funds disbursed for a specific expenditure by this Funding Agreement to show those funds were allocated to that expenditure.

C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.

D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request.

D.46. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.47. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

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Exhibit E
GRANTEE’S AUTHORIZING RESOLUTION

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Exhibit F

REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.

1. PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information.

PROJECT STATUS
Describe the work performed during the time period covered by the report including but not limited to:

PROJECT INFORMATION
• Legal matters
• Engineering Evaluations
• Environmental matters
• Status of permits, easements, rights-of-way, rights of entry, and approvals as may be required by other State, federal, and/or local agencies • Major accomplishments during the quarter (i.e., tasks completed, milestones met, meetings held or attended, press releases, etc.)
• Issues/concerns that have, will, or could affect the schedule or budget, with a recommendation on how to correct the matter
• Describe differences between the work performed and the work outlined in the Overall Work Plan, including change orders
• Demonstrate financial ability to pay local cost share of Eligible Project Costs required to complete the Project
• Estimate the percentage completion of the overall project • Identify key issues that need to be resolved
• Photos documenting progress

COST INFORMATION
• Provide a list showing all project costs incurred during the time period covered by the report by the Grantee and each contractor working on the Project and which of these costs are Eligible Project Costs
• A discussion on how the actual budget is progressing in comparison to the project budget included in the Overall Work Plan
• A list of any changes approved to the budget in accordance with Funding Agreement and a revised budget, by task, if changed from latest budget in the Overall Work Plan • A discussion of whether there have been any changes to the Grantee’s finance plan for payment of the Grantee’s share of Eligible Project Costs

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SCHEDULE INFORMATION
• A schedule showing actual progress versus planned progress • A discussion on how the actual schedule is progressing in comparison to the original or last reported schedule
• A list of any changes approved to the Schedule in accordance with Funding Agreement and a revised schedule, by task, if changed from latest reported schedule

2. PROJECT COMPLETION REPORT
Project Completion Reports shall generally use the following format.

EXECUTIVE SUMMARY – Should include a brief summary of project information and include the following items:
• Brief description of work proposed to be done in the original application • Description of actual work completed and any deviations from the work plan identified in the Funding Agreement
REPORTS AND/OR PRODUCTS – The following items should be provided • Final Evaluation report
• Electronic copies of any data collected, not previously submitted • As-built drawings
• Final geodetic survey information
• Self-Certification that the Project meets the stated goal of the funding agreement (e.g. 100- year level of flood protection, HMP standard, PL-84-99, etc.) • Project photos
• Discussion of problems that occurred during the work and how those problems were resolved
• A final project schedule showing actual progress versus planned progress COSTS AND DISPOSITION OF FUNDS – A list showing:
• The date each invoice was submitted to State
• The amount of the invoice
• The date the check was received
• The amount of the check (If a check has not been received for the final invoice, then state this in this section.)
• A summary of the payments made by the Grantee for meeting its cost sharing obligations under this Funding Agreement.
• A summary of final funds disbursement including:
o Labor cost of personnel of agency/ major consultant /sub-consultants. Indicate personnel, hours, rates, type of profession, and reason for consultant, i.e., design, CEQA work, etc.
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o Evaluation cost information, shown by material, equipment, labor costs, and any change orders
o Any other incurred cost detail
o A statement verifying separate accounting of funding disbursements • Summary of project cost including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed; and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original project cost estimate.

ADDITIONAL INFORMATION – Any relevant additional Information should be included.

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Exhibit G

STATE AUDIT DOCUMENT REQUIREMENTS
The following provides a list of documents typically required by State Auditors and general guidelines for Grantees. List of documents pertains to both State funding and Grantee’s Cost Share, if any, and details the documents/records that State Auditors would need to review in the event of this Funding Agreement is audited. Grantees should ensure that such records are maintained for three (3) years after final disbursement pursuant to this Agreement.

State Audit Document Requirements
Internal Controls

1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State-funded Program/Project

3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.

4. Prior audit reports on the State funded Program/Project.

State Funding:

1. Original Funding Agreement, any amendment(s), and budget modification documents.

2. A listing of all grants, loans, or subventions received from the State.

3. A listing of all other funding sources for the Program/Project.

Contracts:

1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.

2. Contracts between the Agency and member agencies as related to the State-funded Program/Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Funding Agreement.

2. Documentation linking subcontractor invoices to State reimbursement, requests, and related Funding Agreement budget line items.

3. Reimbursement requests submitted to the State for the Funding Agreement.

Cash Documents:

1. Receipts (copies of warrants) showing payments received from the State.

2. Deposit slips (or bank statements) showing deposits of the payments received from the State. 125
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3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.

4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to requests for Funding Agreement reimbursement.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

Personnel:

1. List of all contractors and Agency staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program
Project Files:

1. All supporting documentation maintained in the project files.

2. All Funding Agreement related correspondence.

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AGREEMENT FOR GRANT ADMINISTRATION SERVICES

THIS AGREEMENT, effective as of INSERT DATE, by and between the City of Visalia, hereinafter referred to as City, and Self-Help Enterprises, hereinafter referred to as SHE:

WHEREAS project financing is through the Department of Water Resources agreement no. [insert number] ;

WHEREAS City desires to obtain administrative services from SHE for the PROJECT; and

WHEREAS SHE agrees to perform services required for PROJECT.

IT IS AGREED AS FOLLOWS:

1. WORK TO BE PERFORMED

SHE agrees to provide the services described in ATTACHMENT A, Scope of Work.

SHE and City agree that if additional services are required for the Project, then SHE shall not commence work on those additional services without an amendment to this Agreement signed by both parties detailing the additional services to be provided by SHE and the fees to be paid to SHE.

2. COMPENSATION

Each month, SHE will submit an invoice for services provided under this Agreement during the previous month. Charges for staff services are to be billed on an hourly basis, at the SHE charge rates in effect during the period in which services are provided (see Attachment B). Third party charges and out of pocket costs such as printing, copying, and shipping are to be billed at actual cost. The total cost for all services provided under this Agreement shall not exceed TWENTY SIX THOUSAND SIXTEEN DOLLARS ($26,016).

3. TERM OF AGREEMENT

This Agreement shall take effect when both parties have signed it and expire on [DATE], or the date of any mutually agreed to extension in conjunction with [project no.].

4. INDEPENDENT CONTRACTOR STATUS

It is mutually understood that, in performing the services herein specified, SHE shall act as an Independent Contractor and shall have control of the work and the manner in which it is performed.

SHE shall be responsible for providing legally mandated ben efits and to comply with the state and federal withholding regulations. City retains the general right of inspection in order to judge whether, in City's opinion, SHE is performing the work in accordance with the terms of this Agreement.

5. SUBCONTRACTS AND ASSIGNMENT
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SHE shall not subcontract or assign any work specified under this Agreement without the prior written approval of City.

6. INDEMNIFICATION

SHE shall hold harmless, defend, and indemnify the City, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, including City property, arising out of the activities of SHE or its agents, officers and employees under this Agreement. This indemnification specifically includes any claims that may be made against SHE by any taxing authority asserting that an employer employee relationship exists by reason of this Agreement. This indemnification obligation shall continue beyond th e term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.

The City shall hold harmless, defend and indemnify SHE, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, including SHE property, arising out of any negligent acts, errors, or omissions of City or its agents, officers and employees in the performance of this Agreement. This indemnification specifically includes any claims that may be made against the City by any taxing authority asserting that an employer -employee relationship exists by reason of this Agreement. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.

7. INSURANCE

SHE shall carry workers' compensation insurance as prescribed by law. In addition, SHE shall carry commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence; professional liability insurance in an amount not less than One Million Dollars ($1,000,000) ; comprehensive automobile liability coverage for its business with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence . The City shall require SHE to name the City as additional insured on all liability insurance SHE is required to carry under this agreement. The City’s Risk Manager is hereby authorized to reduce the requirements set forth above if the Risk Manager determines that such reduction is in the City’s best interest.

SHE shall provide written notice to the City, at least thirty days in advance, of any policy cancellation, limitation in scope or coverage, or non-renewal.

The commercial general liability and comprehens ive automobile liability policies required by this Agreement shall contain the following clauses:

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

“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities 128
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of, or on behalf of the named insured, performed under contract with the City of Visalia.”

Before an y work commences, SHE shall deliver to City insurance certificates confirming the existence of the insurance required by this Agreement, including the applicable clauses referenced above. City has the right to demand and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

In addition to any other remedies the City may have if SHE fails to provide or maintain any insurance policies required under this Agreement the City may, at its sole option:

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

2. Order SHE to stop work under this Agreement and/or withhold any payments until SHE demonstrates compliance with these insurance requirements; or

3. Terminate this Agreement.

8. TERMINATION

Either party shall have the right to terminate this Agreement with or without cause provided the other party is notified in writing thirty days prior to the effective termination date. If s o terminated, SHE shall be entitled to compensation for services provided prior to termination.

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

Should the Agreement be terminated, with or without cause, SHE shall provide City with all finished and unfinished documents, data, studies, services, reports, or other work product prepared by SHE pursuant to this Agreement.

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

9. GOVERNING LAW

This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. Any litigation arising out of this Agreement shall be brought in Tulare County, California. The parties waive the removal provisions of California code of Civil Procedure Section 394.

10. WAIVERS

The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of an y right to do so, whether for that breach or any subsequent breach. 129
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The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.

11. RECITALS AND HEADINGS

The Recitals to this Agreement are fully incorporated into and are integral parts of this Agreement.

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

12. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY

This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void.

If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.

13. FURTHER ASSURANCES

Each party agrees to execute any additional documents and to perform any further acts which may be reasonably required to effect the purposes of this Agreement.

14. SEVERABILITY

If any term, condition, covenant, provision or part thereof of this Agreement is, or is declared, invalid, void or unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.

15. INTEGRATION

This Agreement represents the complete and entire understanding between the parties as to those matters contained herein. No prior oral or written understanding, except as expressly provided herein, shall be of any force or effect with respect to those matters covered herein. This Agreement may only be modified or amended in writing, signed by all partie s, except as otherwise specifically provided herein.

16. NOTICES

Notices to either party shall be deemed to have been provided by depositing the same, postage prepaid, with the United States Postal Service, addressed as follows:

City of Visalia
[Contact]
[Address]
Self-Help Enterprises
Thomas J. Collishaw, President/CEO
PO Box 6520
Visalia CA 93290
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17. MISCELLANEOUS PROVISIONS

A. Non-Discrimination: SHE shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. SHE shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

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

C. Asbestos and Hazardous Materials : In providing its services hereunder, SHE shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the Project. In the event the City becomes aware of the presence of asbestos or hazardous material at the jobsite, City shall be responsible for complying with all applicable fed eral and state rules and regulations, and shall immediately notify SHE, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to SHE arising therefrom.

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

E. Prohibition of Assignment: Neither the City nor SHE shall assign, delegate, or transfer their rights and duties in this Agreement without the written consent of the other party.

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

G. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

H. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

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

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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above written.

Attest CITY OF VISALIA

Officer Title

__________________________________________\
Date

SELF-HELP ENTERPRISES

Thomas J. Collishaw, President/CEO

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Attachments:

A. Scope of Work
B. SHE Charge Rates
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Drought Schematic Map
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0317 Agenda Date: 8/15/2022 Agenda #: 6.

Agenda Item Wording:

Authorize staff to conduct a citywide rebranding process, authorize staff to amend the current contract with We The Creative for brand research and development services, and appropriate $100,000 to cover the cost of the contract.

Deadline for Action: 8/15/2022
Submitting Department: Administration
Contact Name and Phone Number: Allison Mackey, Communications Manager, 713-4535; Diane Davis, Human Resources Manager, 713-4575
Department Recommendation:

It is recommended that the Visalia City Council:

1. Appropriate an additional $25,000 to cover additional costs of completing the City of Visalia Human Resources Marketing and Branding process; and

2. Appropriate $75,000 to cover the anticipated costs of undertaking and completing the administrative portion of the City of Visalia rebranding (Citywide Rebranding); and

Citywide rebranding was first proposed in 2019, with staff embarking on seeking quotes and proposals to determine approximate total cost of a potential project. Before this could be brought forward for further direction from the City Council, March 2019 brought the COVID-19 pandemic, and these efforts were halted.

With the intent to move forward once again on rebranding, on March 15, 2021, the City Council reviewed Fiscal Year 2020/2021 mid-year financial report with recommended budget appropriations, and the City began the process with the Capital Project Request of City Rebranding for $50,000 for only the Human Resources marketing and branding services. This authorization allowed City staff to plan for the rebranding and marketing of the City’s HR Division, to put forth all the positive aspects of working for the City organization and living in the City of Visalia.

This rebranding would include updating the City’s identity, image and brand specific to recruitment and retention efforts. Elements were to include improving digital access to be more interactive, user friendly and provide better information and communication, develop a tagline for instant recognition, produce professional videos for recruitment/informational purposes and increase/improve social media presence to attract applicants. The justification for the project indicated, “Over the years working for a government agency has seen diminished appeal and we need to recreate the vision and develop better ways to market the City. Additionally, the information produced could be used by Visalia City Council Printed on 8/12/2022Page 1 of 4
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File #: 22-0317 Agenda Date: 8/15/2022 Agenda #: 6.
multiple City departments to present a unified message. This effort has implications for employee attraction and retention as well as economic development efforts.” The Human Resources Division prepared a Request for Proposal (RFP No. 21-22-22) for HR Marketing and Branding services. Three proposals were received and evaluated. The proposal evaluation process included an in-depth review of each proposal as well as an interview with each company, the City evaluation team consisted of Diane Davis, HR Manager; Vanessa Shearer, Management Analyst; Colleen Moreno, Senior Administrative Assistant; and Allison Mackey, Communications Manager. After the evaluation process, each team member scored the proposals based on an outlined criterion. The proposal scores were then tabulated, and the highest scoring proposer was We The Creative, a firm that specializes in public sector clients. We The Creative’s sample portfolio can be found here: www.wethecreative.com <http://www.wethecreative.com>.

On April 4, 2022, HR staff recommended awarding the contract for this RFP to We The Creative in the amount of $75,000 (Account No. 1010-72000/CPO468-999).

City management has long recognized the need for improving its brand, the common perception and associations people and businesses have with Visalia, by creating a cohesive and modern look that is appealing and provides a more accurate impression to the public about the community, the City organization and the City location. After seeing the strength of the understanding of the HR Marketing and Branding project, proposal scoring and depth of knowledge and experience with other government agencies in the proposal from We The Creative, it was determined it would be beneficial, in both staff time and resources, to prepare a Scope of Work for the Citywide Rebranding and request that We The Creative submit a quote to expand the HR scope of work to include the entire City organization. We The Creative agreed to review the Citywide Rebranding scope of work and submitted a quote totaling $74,750.

This Citywide Rebranding scope of work includes:
· Brand Audit
o Provide recommendations on redesigning/enhancing existing templates, marketing and promotional materials and other relevant documents
· Visual Identity Design
o Create a brand visual identity based on knowledge obtained through the branding and communications strategy process
· City Identity, Brand Development and Positioning
o Brand Promise/Key Marketing Messages
o Marketing Tagline
o Wordmark
o General Use Template Development
o Fleet Branding
o Solid Waste Truck Branding
o Website Content
· Marketing Campaigns
o Develop specific marketing campaigns (including conception, information architecture, creative design, copywriting, and graphic design) that focus on clearly and reflectively marketing the City of Visalia
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File #: 22-0317 Agenda Date: 8/15/2022 Agenda #: 6.
· Brand Hierarchy
o Provide recommendations on how to best accomplish folding the various City Departments under the unified messaging of the City organization · Visual Identity Guidelines
o Create a visual identity guidelines document or Style Book · Photography
o Library of 50 photos
o 20 B-roll,10-20 second videos
· Videography
o A video giving an overview, benefits of living and working in Visalia The Citywide Rebranding project will be a comprehensive and integrated process, an opportunity for Visalia’s brand to showcase all that Visalia has to offer. While a new visual identity will be part of the process, the project will be a broad ranged, in-depth discussion of who and what Visalia is, the city’s values and its portrayal across the Central Valley, the state and the nation. The project’s foundation will be built from community input, a vital component to ensure that the voices of Visalians are included in each step of the process. This will include, but not be limited to, tours of the community, roundtable discussions and focus groups with City Council, City staff, residents, business, and organizations. Digital surveys will be utilized to explore the energy of Visalia, what community members feel is strong about our history, our present and our future. Through the project’s community engagement components, data points will be collected that will provide We The Creative to further articulate Visalia’s voice, shift perception, gain greater awareness, engender civic pride, and showcase all that our City has to offer.

Fiscal Impact:

The City currently has a Professional Services Agreement with firm We The Creative to complete the rebranding process for the Human Resources Division, for a contract total of $75,000. Staff is requesting an additional $25,000 from the General Fund for HR Marketing and Branding Services to meet the contract amount (This would be in addition to the $50,000 allocated for FY 2020/2021).

Additionally, staff is seeking an allocation of $75,000 for Citywide Rebranding services, which would bring the We The Creative project total for contracted services to $150,000.

Prior Council Action: March 15, 2021- City Council reviewed Fiscal Year 2020/2021 mid-year financial report with recommended budget appropriations. At this meeting, the City Council authorized the Capital Project Request of City Rebranding for $50,000. March 21, 2022 - City Council approved Proposed Capital Projects by Fund, Project # ADCP09 City Logo Refreshment for Fiscal Year 2024-25 for a total of $50,000.

Other: None.

Alternatives: 1. Direct staff to remove elements of the HR Marketing and Branding services We The Creative scope of work to reduce costs and cap the project at $50,000 and table Citywide Rebranding to a future date; 2.Direct staff to remove elements of the HR Marketing and Branding services We The Creative scope of work to reduce costs and cap the project at $50,000 with We The Visalia City Council Printed on 8/12/2022Page 3 of 4
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File #: 22-0317 Agenda Date: 8/15/2022 Agenda #: 6.

Creative, and direct staff to edit the Citywide rebranding scope of work to remove elements to reduce cost and work with Purchasing Division to issue Request for Proposals specifically for Citywide Rebranding.

Recommended Motion (and Alternative Motions if expected):

1. Appropriate an additional $25,000 to cover additional costs of completing the administrative portion of the City of Visalia Human Resources Marketing and Branding services; and

2. Appropriate $75,000 to cover the anticipated costs of undertaking and completing the administrative portion of the City of Visalia rebranding (Citywide Rebranding); and

3. Authorize staff to utilize the services of We The Creative by amending the current contract the City of Visalia Human Resources Division currently has with the firm for a total of $150,000; ..end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: R04405_PR&BACKUP_WETHECREATIVE, PO3127_CorrectedAcctNo.PDF, RFP Scope of Services - Visalia Citywide Rebranding 6.15.22, We The Creative_COV SOWS (HR & Whole City)-22.07.14
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6.15.22 SCOPE OF SERVICES FOR CITY OF VISALIA REBRANDING

ORGANIZATIONAL BACKGROUND

The City of Visalia, founded in 1852 and incorporated in 1874, is a full-service municipal agency serving a community of 140,000 residents. The City employs approximately 650 full-time employees and 50 to 150 hourly (part-time) employees depending on seasonal needs. There are eight City departments including City Administration, Administrative Services, Community Development, Finance and Information Technology, Fire, Parks & Recreation, Police, and Public Works.

The City of Visalia organization has continued to grow and change and requires a fresh and revived image that positions Visalia as the destination for those looking to make a home in California’s Central Valley. A refreshed brand will allow our organization to attract top talent, retain homegrown employees, boost the economy, attract new residents and businesses, and increase tourism.

As noted in the Scope of Services for the Human Resources Rebranding, at present the City does not have a recognizable brand identity for general recognition, recruitment, relocation, or economic purposes. We would like to expand the Scope of Services for Human Resources Rebranding to include an overall rebranding of the City of Visalia organization, to create a comprehensive branding and marketing campaign to enhance the image of the City organization and help stimulate growth and investment.

The brand must be flexible and adaptable to meet the needs of a variety of departments and municipal functions within the City of Visalia. It must also be flexible enough to grow and evolve along with any changes in the market. The brand must be authentic and resonate with citizens, employees, and community groups within the City and throughout the region. City staff is seeking the recommendation of ways to articulate the brand; define markets and promotional avenues; and advise on strategies to better promote and create brand awareness. The consultant will develop creative elements that may include design concepts, messages, tagline, wordmark, and other products to support the overall brand initiative.

An expansion of the Scope of Work for Human Resources Rebranding, many of the items below remain relevant from that previous Scope to this one. However, the Project Overview and Scope of Work includes additional items specific to the City rebranding.

PROJECT OVERVIEW

• Identify what makes the City of Visalia distinct and appealing, help tease out what is unique about Visalia and illustrate the positives (low-cost of living, friendly people, community feel, access to leaders, location within California, etc.)
• Walk City leaders and the community (through meetings and forums) through the discovery stage to determine what sets Visalia apart and what the City has to offer. • Create a defined, unified message that will market the City of Visalia locally, statewide, and nationally as a great place to live, work, and play.
• Create a defined message that will market the City of Visalia locally, statewide, and nationally as a great place to live, work, and play.
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6.15.22 • Create a visual identity and tagline that will be used City-wide on print and digital materials, as well as facility signage, fleet, and other City representation. • Create a mock-up/design templates for a future (yet to be created), fresh City website. This would include recommendations on the look, feel and accessibility of a new City website and what the front page and corresponding sections could look like. • Create video, photography, advertising, online/social media, and other assets for use by the City as part of the guidance on brand strategy and implementation; creation of a photo library for City uses to be included.

SCOPE OF WORK
• Brand Audit, which will include:
o Brand audit review
▪ The City will supply existing materials, samples of current templates, marketing and promotional materials and other relevant documents.

• Visual Identity Design and Guidelines, which will include:
o Create a brand visual identity based on the knowledge obtained through the branding and communications strategy process. Provide options that clearly and creatively reflect and that will market the City of Visalia locally, statewide and nationally as a desirable community to live, work and invest in.

• City Identity, Brand Development and Positioning
o Develop the brand messaging and language to be used for City of Visalia organization.

This should include identifying and including the core values and key attributes of the organization and community.
o This would include:
▪ The brand promise/key marketing messages
• Must address location, lifestyle, opportunity, etc.
• Include brand promise abbr eviated version (approximately 100 words) and brand promise short version (approximately 30 words). ▪ Marketing tagline
▪ Wordmark
▪ General Use Template Development
• Based on the brand identity and guidelines, create templates that can be used by the City for the following:
o Letterhead
o Business cards
o Digital signatures
o Brochure template (8.5 x 11” tri-fold)
o Marketing ad template (8.5 x 11”)
o Social media templates (Facebook Cover, Facebook Post, Twitter Post, Twitter Banner, Instagram Post, LinkedIn Post, and LinkedIn Banner)
o Mailchimp enewsletter template
o Presentation/Deck template (PowerPoint)

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6.15.22 ▪ Fleet Branding
• Logo and Department Title Placement on City vehicles
• Creation of template for removable/magnetic signage
• Recommendation on appropriate vendor for signage
▪ Solid Waste Truck Branding
• Signage recommendations and creation of general City template for rotating sign/messaging
▪ Website Content
• Audit and review of the City’s website www.visalia.city • Provide recommendations on redesigning/enhancing the website to be more user -friendly, easy to manage, visually appealing, accessible, functional, ADA compliant and provide valuable information as part of the overall marketing strategy; website content to be included. • Note, updates and changes to the page would be undertaken by City staff

• Marketing Campaigns
o Develop specific marketing campaigns (including concep tion, information architecture, creative design, copywriting and graphic design) that focus on clearly and creatively reflecting and marketing the City of Visalia locally, statewide and nationally as a desirable community to live, work and invest in.

• Brand Hierarchy
o The City of Visalia brand will be the primary brand for the organization, with the Human Resources brand will as a sub -brand. The vendor will be expected to provide recommendations on how best to accomplish folding the various City Departments under the unified messaging of the City organization.

• Visual Identity Guidelines
o The visual identity guidelines document (or Style Book) will specify, articulate, and depict the defining elements of the visual identity system and provide examples for marketing communications materials. For budgeting purposes, we are suggesting the following items to be included:
▪ Brand creative parameters (i .e. fonts, design styles, photo styles, color palette, etc.)
▪ Acceptable and unacceptable uses of the brand
▪ Samples of how the brand could be applied to website and social media pages.

Ultimately, the desired deliverables are land at a unified message that will market the City of Visalia locally, statewide, and nationally as a great place to live, work, and play. 160
We The Creative City of Visalia Scope of Works (HR & Whole City) 161
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0296 Agenda Date: 8/15/2022 Agenda #: 7.

Agenda Item Wording:

Authorize the City Manager to enter into a contract with JLB Traffic Engineering for professional consulting services for the Demaree Street, Houston Avenue, and Ben Maddox Avenue Traffic Signal Interconnect Improvements Project in the amount not to exceed $122,908.59.

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

Staff recommends that the City Council authorize the City Manager to award the design contract to JLB Traffic Engineering for professional consulting services to prepare plans, specifications, and estimates for the Traffic Signal Interconnect Improvements at Various Locations Project in the amount not to exceed $122,908.59 (3010-72000/CP0513-999).

Background Discussion:

The City is requesting the services of a Consultant to prepare the Plans, Specifications, and Estimates (PS&E) for the construction of traffic signal interconnect improvements. These improvements will include 5.5 miles of fiber optic cable installation in existing conduit, 0.5 miles of new conduit and new fiber optic cable installation, and connection of 13 traffic signals to the fiber optic system. The locations receiving interconnect improvements include: Houston Avenue from Demaree Street to Giddings Street, Mooney Boulevard from Murray Avenue to Houston Avenue, Murray Avenue from Mooney Boulevard to Divisadero Street, Ben Maddox Way from the Visalia Emergency Communication Center at Goshen Avenue to St. Johns Parkway, and Demaree Street from Caldwell Avenue to Campus Avenue.

In January 2021, the City of Visalia submitted applications to Tulare County Association of Governments (TCAG) for Congestions Mitigation and Air Quality (CMAQ) grant funding. These applications were for traffic signal interconnect improvements at various locations to include: Houston Avenue, Ben Maddox Way, and Demaree Street. The City was awarded $1,097,000 in CMAQ grant funding for construction.

In February of 2022, City Council authorized to receive and appropriate the awarded CMAQ funds for this project totaling $1,097,000. In addition, City Council authorized the City Manager to execute a Measure R Supplement Agreement with TCAG to utilize $247,000 of Measure R Regional funds for this project. The $247,000 of Measure R funds for this project are to be used for no- construction related costs including but not limited to: consultant design costs, city staff time, and permitting and Visalia City Council Printed on 8/12/2022Page 1 of 3
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File #: 22-0296 Agenda Date: 8/15/2022 Agenda #: 7.
related costs including but not limited to: consultant design costs, city staff time, and permitting and inspections.

Selection Process:

On February 2022, the City of Visalia City Council approved an on-call list of consultants to provide professional design services for traffic signals and related projects through RFQ 20-21-55, “On-Call Professional Services for the Design of Traffic Signal and Intersection Improvements”. JLB Traffic Engineering is one of the four prequalified engineering consultants on the on-call list and is next to provide design services.

In April 2022, staff requested a scope and fee proposal for the Traffic Signal Interconnect Improvements at Various Locations Project from JLB Traffic Engineering. Following a review of their proposal, refinement of scope, and negotiation of fee, JLB’s total design fee of $122,908.59 is determined reasonable. The project entails the design of 6.0-miles of fiber optic conductor cable of which 5.5-miles of it will be installed into existing conduit and will also include installation of communications equipment at 13-existing signalized intersections (see attached project location map). With the installation of the fiber optic conductor cable, these 13-major signalized intersections will connected into the City of Visalia's traffic management network which will facilitate the monitoring and coordination of the traffic signals along these various street segments. As a result of JLB’s prequalification through the on-call list and past experience in working with the City, staff recommends that JLB be awarded the contract.

Fiscal Impact:

In February 2022 City Council authorized the City Manager to execute Measure R Supplement Agreement with TCAG to utilize $247,000 of Measure R Regional (133) funds for this project. The $247,000 of Measure R funds for this project are planned to be used for non-construction related costs including but not limited to: consultant design costs, city staff time, and permitting and inspections.

JLB Traffic Engineering has submitted a proposal for consultant design services in the amount of $122,908.59. City staff has reviewed the submitted proposal and finds the proposal from JLB Traffic Engineering is within the budgeted amount for the project. City staff recommends to authorize the City Manager to award a contract to JLB Traffic Engineering for consultant design services for the Traffic Signal Interconnect Improvements at Various Locations Project in the amount not to exceed $122,908.59
Traffic Signal Interconnect Improvements at Various Locations Budget summary:

Estimated Cost: CMAQ Funds (281) MR Regional Funds
Design: $122,908.59 $122,908.59
City Staff: $69,000 $69,000
Construction: $1,097,000 $1,097,000 $0
Total Cost: $1,288,908.59 $1,097,000 $191,908.59
Total Available Funds$1,344,000.00 $1,097,000 $247,000.00 Funds Surplus: $55,091.41 $0 $55,091.41
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File #: 22-0296 Agenda Date: 8/15/2022 Agenda #: 7.

There is a surplus of funds at this stage as a result of design costs being negotiated to be within the project budget. The project budget will be refined throughout the design process. There are sufficient funds available and therefore no additional appropriations are needed at this time.

Prior Council Action:

February 22, 2022
Authorized the appropriation of $1,097,000 of CMAQ funds and $247,000 from the Measure R Regional Fund (133) for the Traffic Signal Interconnect Project at various locations: Houston Ave., Demaree St., and Ben Maddox Way; and authorized the City Manager to execute a Measure R Supplement Agreement with TCAG to utilize Measure R Regional funds.

Other:

NA
Alternatives:

NA
Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a contract with JLB Traffic Engineering for professional consulting services for the Demaree Street, Houston Avenue, and Ben Maddox Avenue Traffic Signal Interconnect Improvements Project in the amount not to exceed $122,908.59.

Environmental Assessment Status:

TBD
CEQA Review:

NA
Attachments:

JLB Proposal Attachments
JLB Proposal Budget
Project Location Maps
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Staff Member J. Benavides J. Alcazar M. Arndt J. Rios C. Ayala‐Magana A. Benavides C. Sanchez D. Wynn Hourly Rate 185.99$ 84.82$ 84.82$ 83.50$ 82.29$ 54.45$ 43.56$ 67.77$ Task 1. Meetings & Project Management

1.1 through 1.4 Project Kick‐off, Preliminary Design, and Plan Check Meetings 16.0 ‐ ‐ 16.0 ‐ ‐ ‐ ‐ 32.0 4,311.84

1.1.1 Prepare Meeting Minutes 3.0 ‐ ‐ 8.0 ‐ ‐ ‐ ‐ 11.0 1,225.97

1.2 Project Management 16.0 ‐ ‐ 24.0 20.0 ‐ ‐ ‐ 60.0 6,625.64 Task 2.Topographic Survey (Prepared by City Staff)

2.1 Topographic Survey Verification 2.0 ‐ ‐ 4.0 ‐ ‐ ‐ ‐ 6.0 705.98 Task 3. Signal Interconnect Plans

3.1 Data Gathering 4.0 ‐ ‐ 12.0 8.0 2.0 2.0 ‐ 28.0 2,600.30

3.2.1 Utility Coordination & 50% Utility Plans 4.0 12.0 80.0 2.0 2.0 40.0 ‐ ‐ 140.0 11,056.98

3.2.2 Utility Coordination & Final Utility Plans 4.0 10.0 20.0 2.0 2.0 ‐ ‐ ‐ 38.0 3,620.14

3.3.1 50% Signal Interconnect Improvement & Demolition Plans 24.0 8.0 8.0 115.0 107.0 60.0 60.0 20.0 402.0 31,464.41

3.3.2 50% Signal Interconnect Fiber Routing & Splicing Details 6.0 4.0 4.0 20.0 4.0 16.0 16.0 ‐ 70.0 5,361.82

3.3.3 50% Signal Interconnect Construction Details 2.0 2.0 2.0 8.0 4.0 8.0 8.0 ‐ 34.0 2,492.50

3.4.1 90% Signal Interconnect Improvement & Demolition Plans 8.0 8.0 8.0 46.0 39.0 12.0 12.0 16.0 149.0 12,155.79

3.4.2 90% Signal Interconnect Fiber Routing & Splicing Details 5.0 3.0 3.0 11.0 3.0 8.0 8.0 ‐ 41.0 3,388.32

3.4.3 90% Signal Interconnect Construction Details 1.0 1.0 1.0 5.0 3.0 4.0 4.0 ‐ 19.0 1,412.04 ‐

3.5.1 100% Signal Interconnect Improvement & Demolition Plans 3.0 3.0 3.0 21.0 20.0 7.0 7.0 8.0 72.0 5,694.42

3.5.2 100% Signal Interconnect Fiber Routing & Splicing Details 2.0 2.0 2.0 6.0 2.0 4.0 4.0 ‐ 22.0 1,768.88

3.5.3 100% Signal Interconnect Construction Details 1.0 1.0 1.0 2.0 2.0 2.0 2.0 ‐ 11.0 883.23

3.6.1 Final Signal Interconnect Improvement & Demolition Plans 2.0 2.0 2.0 11.0 9.0 4.0 4.0 4.0 38.0 3,033.49

3.6.2 Final Signal Interconnect Fiber Routing & Splicing Details 1.0 1.0 1.0 3.0 1.0 2.0 2.0 ‐ 11.0 884.44

3.6.3 Final Signal Interconnect Construction Details 1.0 1.0 1.0 2.0 1.0 1.0 1.0 ‐ 8.0 702.93 Task 4. Project Specifications and Cost Estimate

4.1 50% Specifications and Cost Estimate 4 20 20 ‐ 8 ‐ ‐ ‐ 52.0 4,795.08

4.2 90% Specifications and Cost Estimate 3 12 12 ‐ 6 ‐ ‐ ‐ 33.0 3,087.39

4.3 100% Specifications and Cost Estimate 2 3 3 ‐ 2 ‐ ‐ ‐ 10.0 1,045.48

4.4 Final Specifications and Cost Estimate 1 2 2 ‐ 1 ‐ ‐ ‐ 6.0 607.56 Task 5. Deliverables (fee for the Majority of the Deliverables is included in Tasks 1, 2, 3, 4 and 6)

5.1 Prepare As‐Built Plans 11 ‐ ‐ 20 19 12 12 ‐ 74.0 6,455.52 Task 6. Project Schedule

6.1 Update Schedule 2 ‐ ‐ ‐ 3 5 ‐ ‐ 10.00 891.10 Task 7. Bidding and Construction Phase Services (Optional Service No. 1)

7.1 Bidding and Construction Phase Services (Optional Service No. 1) 12 2 2 20 16 4 4 ‐ 60.00 5,949.84 Subtotal Labor Hours by Consultant 140.0 97.0 175.0 358.0 282.0 191.0 146.0 48.0 1,437.0 Percent of Labor Hours by Staff Person 9.74% 6.75% 12.18% 24.91% 19.62% 13.29% 10.16% 3.34% 100.00% 122,221.09
OTHER DIRECT COSTS Quantity Unit Cost Cost
Mileage (both prime and Subconsultant) 1100 0.625 687.50$ 687.50 TOTAL REIMBURSABLE/DIRECT 687.50$ 687.50$ 122,908.59$
5,949.84$
116,958.75$
Engineer I/II Engineering Aide
Total Base Fee Without Optional Services
Optional Services
Total Base Fee With Optional Services
Fiber Optic Cable Interconnect Improvements
City of Visalia
June 30, 2022
Ben Maddox Avenue, Demaree Street, Houston Avenue, Mooney Boulevard and Goshen Avenue TASK and LABOR COSTS
JLB Traffic Engineering, Inc.

COSTS
Overall Project
Manager Engineer I/II Engineer I/II SUBTOTAL HOURS
Engineering
Tech.

Engineering
Tech.Engineer I/II
173
N Cain St
E Houston Ave
E Goshen Ave
E St Johns Pkwy
N Burke St
N Liberty St
N Enos St
E Vine Ct
N Stover St
E Buena Vista Ave
N Edison St
N Gowdy St
E Douglas Ave
E Atkins Ave
E Sweet Ave
E Prospect Ave
E Cecil Ave
N Tracy St
E Ferguson Ave
E Race Ave
E Harold Ave
E Murray Ave
N Cotta Ct
E Four Creeks Ave
E Margalo Ave
E Roosevelt Ct
E Pershing Ave
N Cotta St
N Clark St
N Bradley St
N Om
alley St
E Woodsville Dr
E Roosevelt Ave
N W
oodsville Dr
E Knight Ct
E Prospect Ct
E Babcock Ave
E School Ct
E Atkins Ct E Parker Ct
E Vine Ave
N Kennedy St
N Selina Ct
E Roosevelt Ct
N Bradley St
N Burke St
N Edison St
N Enos St
E Vine Ct
E Douglas Ave
E Buena Vista Ave
E Douglas Ave

JENNING
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ST JOHN'S RIVER
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0 460 920 1,380 1,840230
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174
S Linwood St
S Chinowth St
W Tulare Ave
W Walnut Ave
W Caldwell Ave
S County Center Dr
W Whitendale Ave
W Iris Ave
W Campus Ave
S University St
Alley
W Coppola Ave
W Feemster Ave
W Ashland Ave
W La Vida Ave
W Cambridge Ave
W Cutler Ave
S W
hitney St
S M
ountain St
W Harvard Ave
W Harter Ave
S Redwood St
W Cherry Ave
S Terrace St
W Paradise Ave
W Beech Ave
W Judy Ave
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0304 Agenda Date: 8/15/2022 Agenda #: 8.

Agenda Item Wording:

Authorization to accept delivery and issue Notice of Completion for the purchase of thirteen (13) Compressed Natural Gas (CNG) solid waste vehicles from E.M. Tharp of Porterville, CA. Vehicles were partially funded by a $2,305,000 Congestion Mitigation and Air Quality (CMAQ) grant.

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

Dolores Verduzco, Financial Analyst, [email protected], (559) 713-4540 Jason Serpa, Public Works Manager, [email protected], (559) 713-4533 Wyndi Ferguson, Interim Public Works Director, [email protected], (559) 713-4186 Department Recommendation:

Staff recommends that the City Council accept delivery of thirteen (13) solid waste vehicles and issue Notice of Completion for the project. This action is required by the CMAQ program requirements.

Background Discussion:

The Visalia Solid Waste Division operates a fleet of 61 trucks, including 19 commercial front loaders, 5 roll-off trucks, and 37 residential side loaders. Under normal circumstances, trucks remain in service for approximately 12-15 years before replacement.

In May of 2019, funding from the Congestion Mitigation and Air Quality (CMAQ) program in the amount of $2,305,000 was authorized to fund 50% of the purchase of 13 new solid waste trucks.

At the Council meeting on January 6, 2020, Council authorized to award bid no. 19-20-18 to E.M.

Tharp Inc. of Porterville, CA to supply and deliver 13 Compressed Natural Gas (CNG) solid waste trucks in the amount of $4,188,569.80. The purchase of 13 solid waste trucks included 7 residential side loaders , 5 commercial front loaders , and 1 roll-off truck.

The final cost to purchase the 13 CNG solid waste trucks was $4,215,468.23 which included change orders to install signage brackets on the 7 residential side loaders and on the 5 commercial front loaders. The City took receipt of the final truck in June 2022. The purchase of these 13 solid waste vehicles replaced 2008 model year vehicles and older.

In order to receive the full allotment of CMAQ funds, the City Council must authorize acceptance of the vehicles and issue a Notice of Completion for the project.

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File #: 22-0304 Agenda Date: 8/15/2022 Agenda #: 8.

Fiscal Impact:

The total purchase price for the thirteen solid waste trucks was $4,125,468.23 (Various CIP No.’s:

VH0020, VH0021, VH0022, VH0027, VH0028, VH0038). Once City accepts delivery of the vehicles and issues Notice of Completion, a reimbursement request will be prepared authorizing final reimbursement of CMAQ funding, totaling reimbursements to $2,305,000. The remaining cost of the thirteen solid waste trucks in the amount of $1,820,468.23, not reimbursed by the CMAQ program, was funded by the Solid Waste Enterprise Fund (441).

Prior Council Action:

January 6, 2020
Authorized award to purchase 13 solid waste trucks to E.M. Tharp of Porterville, CA.

Other:

None
Alternatives:

None
Recommended Motion (and Alternative Motions if expected):

I move to authorize acceptance of delivery of thirteen solid waste trucks and issue a Notice of Completion.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0310 Agenda Date: 8/15/2022 Agenda #: 9.

Agenda Item Wording:

Consideration of a Mural Application request from Valley Oak Credit Union for one mural proposed on the south-facing facade of the commercial building located at 600 West Main Street.

Deadline for Action: 8/15/2022
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 this mural application for the proposed mural located at 600 West Main Street be approved as shown in Attachment 2, with wording as depicted in the image revised to read “Rooted in Visalia”.

Background Discussion:

The City of Visalia received a mural application on July 27, 2022, from Valley Oak Credit Union for a mural to be painted on a south-facing wall panel of the building located at 600 West Main Street. The building is owned by Valley Oak Credit Union and functions as a branch location of the financial institution. The mural would be visible from Main Street and to the northbound traffic on Willis Street.

The mural application (see Attachment 1), a rendering of the original mural submitted by the applicant (see Attachment 7), and a location map and photo of the existing wall (see Attachments 3 and 4) are attached. The objective of the mural is to provide visual relief to a blank wall façade, following an extensive remodel and update to the building. The proposed rendering is the winning entry of a mural contest hosted by the financial institution for the purpose of selecting a mural for the wall.

The proposed mural, measuring approximately 10 feet wide by 10 feet tall, is designed by Joseph Cabello, a local artist and tattooist business owner in Tulare. The mural looking toward Main Street depicts a black and white monochrome picture of two different aged hands passing an orange- colored California poppy. The mural design provided by the artist uses stock images of the hands and poppy that the artist has purchased the rights to replicate for the final display. The mural as submitted includes the phrase “Rooted in your Growth” at the bottom of the mural. The mural can suggest a narrative of a commitment toward investment, maturing, and nurturing in the community and a passing of knowledge through the generations, and to present an artistically inspired image that portrays Valley Oak Credit Union’scontribution to the community, though it is possible for other narratives to be derived from the image. Materials to be used for the project will consist of acrylic and aerosol paints.

Work on the mural is expected to begin upon receiving approval from the City Council. Valey Oak Credit Union is the owner of the building and subject site, and the mural will be maintained by the owner with assistance from the artist in the case of any major vandalization. As stated on the mural Visalia City Council Printed on 8/12/2022Page 1 of 3
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owner with assistance from the artist in the case of any major vandalization. As stated on the mural application, the artist is a freelance artist that works with many different mediums and specializing in portrait work.

Initial Review of Compliance with Mural Guidelines:

Valley Oak Credit Union’sinitial rendering for the south façade utilized the proposed image along with wording at the bottom of the image reading “Rooted in your Growth” (see Attachment 7). This rendering was distributed to the Mural Panel for their scheduled review of the item on August 2, 2022.

Upon learning that the phrase is a trademark affiliated with the financial institution, staff indicated to the applicant that the mural appeared to conflict with the City’s adopted Guideline No. 2, which states:

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.

The applicant indicated that they would be open to revising the wording, if necessary, in order to meet the City’s mural guidelines and that this could be discussed further with the panel. The rendering together with the phrase was presented to the Mural Panel as proposed by the applicant.

Mural Panel Review:

In accordance with the City’s Mural Guidelines and Procedures, the Mural Panel consisting of a representative from the Arts Consortium (Ampelio Mejia Perez), Arts Visalia (Alison Schlick Miniaci), and a mayoral appointment (Walter Deissler) convened to review the application. The purpose of the Mural Panel is to assure compliance with local ordinances and the mural guidelines, and to determine whether the artist has the ability to produce a quality piece of art. All members of the Mural Panel together with the applicant and artist met on August 2, 2022, to discuss the mural.

The Mural Panel was provided with the application materials, the rendering included in Attachment 7, and access to the artist’s personal website (http://www.jcabelloart.com) that provides a profile, samples, and social media links. The Mural Panel was favorable to the artwork and concluded that the artist’s portfolio of work demonstrated the ability to produce the mural with a high level of definition and artistry. To address the mural guideline compliance, the applicant suggested the alternate phrases “Rootedin Visalia’sgrowth”or “Rootedin Visalia”. The applicant further indicated that the inclusion of a phrase on the mural was desired as a driving factor of the mural, and that the mural could be approved with no words if ultimately desired. The panel further considered the proposed phrases by asking the question “if the business on which the mural is located were to move, would the mural [with wording]… be something the community would want to remain”.

The Mural Panel concluded that the mural with the phrase “Rooted in Visalia” was most consistent with the City’sMural Guidelines, consistent with other downtown murals and their usage of “Visalia” in the wording, and that the mural does not promote any particular commercial transaction. The Mural Panel determined that the mural represented good quality art and could remain on the building even if Valley Oak Credit Union were to move from the site. On this basis, a motion was made to recommend that the City Council approve the mural with the phrase “Rooted in Visalia”, and the motion was approved by all members of the Mural Panel. A revised mural to conform to the motion Visalia City Council Printed on 8/12/2022Page 2 of 3
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motion was approved by all members of the Mural Panel. A revised mural to conform to the motion was subsequently submitted and is included as Attachment 2.

Mural Agreement:

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

Fiscal Impact:

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

Prior Council Action:

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

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the mural application for a mural on the south façade of the building located at 600 West Main Street as shown in Attachment 2, with the phase reading “Rooted in Visalia”...end Environmental Assessment Status:

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

CEQA Review:

Attachments:

Attachment 1: Application.

Attachment 2: Proposed Rendering.

Attachment 3: Elevation of building prior to mural.

Attachment 4: Location map.

Attachment 5: Draft Mural Agreement.

Attachment 6: Mural Guidelines.

Attachment 7: Original Rendering.

Visalia City Council Printed on 8/12/2022Page 3 of 3
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Application No. ____ _
Date Recei\fed _____ _
H\'iPORTANT! PLEASE CAREFULLY READ THE iVHJRAL GUIDELINES AND PROCEDURES BEFORE COMPLETLNG THIS APPLICATION.

This MURAL APPLICAT ION must be filled out comoletely and with full answers to every statement and question . This J.pp1ica1ion must b,: sig;;c: d by th~ indi\'idtrnf 'Vl t,'TVU p proposing the mural, 1he ;irtist and the ov.-ner(s) of the propcrt) on which tile wurai is 10 b~ ilislaikd.

APPi ,iCANT:

NameofAppiicant: V« l~k'..~rl- a,W\...... Telephone: :ga::>-(3,s:- 730.; Address of Applic,mt: G:::tJ /,), WJ4; v'l Sf-., \~ 2Cs li".,<'.A E-Mail Address: Mc.,,ke -li~~V« lkyo«k Mural site is located at: JJs~~ :Jl Y:S:;JCi/ •
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Name ofivlural Artist:
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Aaaress of~:
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PROPERTY O\VNER:

NamcofPropcrt yOwncr \Ju ll1ruc:Jc:.Cc-eJ1+Uti1W\--- Tclcphonc: S59-%!-v(l.(71 x:J.lcm .A.ddress of Propert y Owner: l/@ ?() 51 eyfl;___ &, I -rl, reL-}I, veq E-Mai! Addre ss: q \ WV\ , (of~ Q /1 . n, ... , ,, '7l C:t4 'is;i.-;; \lc.\~od.wo
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182
r,~ural AppHcatiun
2) \Vha. is me plllJ)OSC, meaning audlor significance ofmc proposed murai and wily is iI inrvarram to snare v.im me corr1rnuni ty? 4) Please give a brief biography of the individuai(s), group(s) or organization (s) that will instnH the mural along with the artistic cr.:d:::!:~ :-:=;:::f;u! ;:;~
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Page3
Mural Application
Please submit one, reproducible rendering (sketch or photo) ofan elevation drawing, prepared to a 1:12 scale [I "=1 ft.0"], with dimensions, accurately depicting the mural to be painted.

Please refer to the Mural Guidelines and Procedures for additional infonnation on the approval process and requirements for installing a mural in the City of Visalia.

Mural Proposal Submitted by:

STATE OF CALIFORNIA
COUNTYOF ~•
CITY OF t/tSlf-l.-111-
WE, I, .41 A,V CQR,Toln I
G1z~ 1brw'r/CE0 VM.<.£ 'j o/lK Cfl.£D(t U,<)1(11\/being duly sworn, depose and say that (we are) (I am) the owner(s) of the property (site) involved in this application and that (we) (1) have been familiarized with the rules and regulations of the City of Visalia with respect to preparing and filing this application for a mural and that the foregoing statements and answers contained in this information on the attached materials thoroughly and completely to the best of (our) (my) ability present the arguments in behalf of the application herewith requested and that the statements and information above rerem:d to are in all n:spedS true and correct to the best of ( our) (my) knowledge and belief. 0 n /)
Name ofOwner(s): t/4..(.J:_'f OAK Cfl,E/J ,, UIU/c;u Signed: oevt\ wt I /IHttJE&t(!£a Date: C1t,,,r;J, aodcl
Return Application to:

Brandon Smith, Senior Planner
Visalia Planning Division
315 E. Acequia Avenue, Visalia, CA 93291
Email: [email protected]
Phone: (559) 713-4636
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Mural Proposal

South-facing façade of the Valley Oak Credit Union, between the two brick pillars, located at 600 W. Main Street, at the northwest corner of Main & Willis. Photo date: January 2021.

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MURAL INSTALLATION AND MAINTENANCE AGREEMENT
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MURAL INSTALLATION AND MAINTENANCE AGREEMENT

This MURAL INSTALLATION AND MAINTENANCE AGREEMENT (the
“Agreement”) is made this 2nd of August, 2022, in the City of Visalia, County of Tulare, State of California, by and between Valley Oak Credit Union (“Owner”), Joseph Cabello (“Artist”) and the City of Visalia (“City”).

W I T N E S S E T H:

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

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

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

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

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

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

Article 1
Definitions

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

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

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

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

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

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

Article 2
Owner’s Covenants

2.1 Authorization. Owner covenants that Owner owns the property located at 600 W. Main Street, Visalia, California, 93291 (the “Property”), is authorized to permit the mural’s installation upon the south-facing wall of the Property, and will permit Artist to do so following this Agreement’s execution.

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

Article 3
Artist’s Covenants

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

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

Article 4
Term, Termination, and Extension

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

4.2 Owner’s Termination. Owner may elect to 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, Owner may elect to cover or remove those parts of the Mural that have been installed.

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

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

Article 5
Mural Specifications

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

5.2 Commercial Content. The mural shall not include an 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 commercial elements so long as they are not considered commercial speech with the purpose of promoting a commercial transaction.

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

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

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

Article 6
Installation

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

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

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

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

6.5 Application for Encroachment Permit . Artist shall determine whether installation of the mural requires an encroachment permit pursuant to Visalia Municipal 191

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

Article 7
Maintenance and Repairs

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

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

Article 8
Removal

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

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

Article 9
Insurance and Indemnification

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

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

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

Article 10
Intellectual Property

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

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

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

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

(ii) Owner and City may make, display, and distribute, and authorize the making, display, and distribution of photographs and other reproductions of the m ural.

Owner and City may use such reproductions for any Owner-related or City-related purpose, including advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic, and multimedia publicity. Owner and City shall ensure that such reproductions are made in a professional and tasteful manner, in their sole and reasonable judgment. Owner and City shall make reasonable efforts to ensure that such reproductions include the following credit line and copyright notice where practicable: “[Title of Artw ork]” © [Year of completion] by [Artist’s name]. Failure to include such credit line and notice in any reproductions shall not constitute a breach of this agreement. Neither Owner nor City may license or sublicense its rights for any private or 193

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

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

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

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

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

Article 11
Miscellaneous Provisions

11.1 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL

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

ANY SPECIAL, CONSEQUENTIAL, INDIRECT , OR INCIDENTAL DAMAGES,

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

AGREEMENT, OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS

AGREEMENT, REGARDLESS OF 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.

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

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

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

11.6 Entire Agreement. This Agreement sets forth the entire 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 enterprise between the Parties. The relationship between the Parties shall at all times be that of independent contractors. Neither Party shall have authority to contract for or bind the other in any manner whatsoever. The Agreement confers no rights upon either Party except those expressly granted herein.

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

11.10 Notices. Notices or other communications required by this Agreement will be sufficiently made or given if mailed by certified First Class United States mail, postage pre-paid, or by commercial carrier (e.g., FedEx, UPS, etc.) when the carrier maintains receipt or record of delivery, addressed to the address stated below, or to the last address specified in writing by the intended recipient. 195

MURAL INSTALLATION AND MAINTENANCE AGREEMENT
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Owner: Alan Cortum
Valley Oak Credit Union
P.O. Box 279
Three Rivers, CA 93271

Artist: Joseph Cabello
1267 E. Prosperity Avenue
Tulare, CA 93274

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

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

Owner

______________________________
Alan Cortum
Valley Oak Credit Union

Artist

______________________________
Joseph Cabello

City

______________________________
Leslie Caviglia
City Manager

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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 #: 22-0311 Agenda Date: 8/15/2022 Agenda #: 10.

Agenda Item Wording:

Second reading and adoption of Ordinance No. 2022-10 approving Zoning Text Amendment No. 2022-01, a request by the City of Visalia to amend Visalia Municipal Code Chapter 17.56 (Historic Preservation District).

Deadline for Action: 8/15/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Cristobal Carrillo, Associate Planner, 713-4443, [email protected] <mailto:[email protected]>
Paul Bernal, Community Development Director, 713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2022- 10, to amend portions of Visalia Municipal Code Chapter 17.56 (Historic Preservation District).

Background Discussion:

The first reading of Ordinance No. 2022-10 for Zoning Text Amendment (ZTA) No. 2022-01, approved by the City Council on August 1, 2022, amended provisions in Visalia Municipal Code Chapter 17.56 (Historic Preservation District) related to the following:
· Subjecting exterior alterations to “Background”Local Register structures located outside the Historic District to Historic Preservation Advisory Committee (HPAC) review; · Granting the HPAC the ability to deny demolition requests for any property within the Historic District or Local Register;
· Adding definitions for Local Register classifications to the Ordinance; · Adding specific criteria for the evaluation of fencing proposals; · Limiting the percentage of paved surfaces allowed within front yard areas; · Changing the frequency of Local Register reviews; and · Including reference to the California Register of Historical Resources.

Fiscal Impact:

None.

Prior Council Action:

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File #: 22-0311 Agenda Date: 8/15/2022 Agenda #: 10.

The City Council took the following actions:

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

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

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

4. At the February 22, 2022, City Council and Historic Preservation Advisory Committee Work Session, the HPAC presented comments provided by the Building Advisory Committee on proposed revisions to the Historic Preservation District Ordinance. The Council provided additional comment and directed the HPAC to pursue a Zone Text Amendment to revise the Historic Preservation District Ordinance.

5. At the June 20, 2022, meeting of the City Council, during presentation of the 2021 HPAC Annual Report, the Council approved the Committee’s 2021 Work Plan. This included completion of the Historic Preservation Ordinance Update project.

6. At the August 1, 2022, meeting of the City Council, the City Council approved the first reading of Ordinance No. 2022-10, approving Zoning Text Amendment No. 2022-01, a request by the City of Visalia to amend Visalia Municipal Code Chapter 17.56 (Historic Preservation District).

Committee/Commission Action:

Building Advisory Committee
At the direction of the City Council, the HPAC conducted a joint meeting with the Building Advisory Committee (BAC) on November 11, 2021, to solicit comment on proposed changes to the Historic Preservation Ordinance. The BAC members in attendance expressed support for the majority of changes proposed by the HPAC. The BAC only advocated for elimination of a proposal which would have removed exceptions for activities conducted with “Like Materials (such as reroofing/residing/masonry/assorted repairs). The HPAC concurred with this recommendation and removed the change to the “Like Materials” section of the Ordinance.

Historic Preservation Advisory Committee
HPAC review of the proposal was completed at a special called meeting held May 26, 2022. At that meeting, the Committee recommended approval of the Historic Preservation Ordinance Update to the Visalia Planning Commission on the basis that the proposal is consistent with the Zoning Ordinance and the Historic Preservation Element of the Visalia General Plan, and that the proposal will not be injurious to the character or overall uniformity of the Historic District and Local Register of Historic Structures.

Visalia Planning Commission
Planning Commission review of the proposal was completed at a regular meeting held July 11, 2022.

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File #: 22-0311 Agenda Date: 8/15/2022 Agenda #: 10.

Planning Commission review of the proposal was completed at a regular meeting held July 11, 2022.

At that meeting, the Commission recommended approval of the Historic Preservation Ordinance Update to the Visalia City Council on the basis that the proposal is consistent with the Zoning Ordinance and the Historic Preservation Element of the Visalia General Plan. With its decision the Commission included a recommendation that the ordinance update include references to the California Register of Historical Resources as appropriate.

Alternatives:

None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading of Ordinance No. 2022-10 for Zone Text Amendment No. 2022 -01.

CEQA Review:

The requested action is considered exempt under Section 15061(b)(3) Per Section 15061 (b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the common-sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

The proposed text amendment to Visalia Municipal Code Chapter 17.56 (Historic District Preservation Ordinance) will not have a significant effect on the environment.

Attachments:

1. Ordinance No. 2022-10 for Zoning Text Amendment No. 2022-01.

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ORDINANCE NO. 2022-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2022-01,

A REQUEST BY THE CITY OF VISALIA TO AMEND VISALIA MUNICIPAL CODE CHAPTER

17.56 (HISTORIC PRESERVATION DISTRICT) AS TO: A) REQUIRING “BACKGROUND”

CLASSIFIED LOCAL REGISTER STRUCTURES LOCATED OUTSIDE THE HISTORIC

DISTRICT TO UNDERGO HISTORIC PRESERVATION ADVISORY COMMITTEE (HPAC)

REVIEW FOR EXTERIOR ALTERATION REQUESTS, B) GRANTING THE HPAC THE ABILITY

TO DENY DEMOLITION REQUESTS FOR ANY PROPERTY WITHIN THE HISTORIC

DISTRICT AND/OR LISTED ON THE LOCAL REGISTER, C) ADDING DEFINITIONS FOR

LOCAL REGISTER CLASSIFICATIONS, D) ADDING SPECIFIC CRITERIA FOR THE

EVALUATION OF FENCING PROPOSALS WITHIN THE HISTORIC DISTRICT AND/OR ON

THE LOCAL REGISTER, E) LIMITING THE PERCENTAGE OF PAVED SURFACES ALLOWED

WITHIN FRONT YARD SETBACK AREAS FOR PROPERTIES WITHIN THE HISTORIC DISTRICT AND/OR ON THE LOCAL REGISTER; AND F) CHANGING THE FREQUENCY OF LOCAL REGISTER REVIEWS. THE PROJECT AREA IS CONTAINED WITHIN THE CITY OF VISALIA’S HISTORIC DISTRICT AND LOCAL REGISTER OF HISTORIC STRUCTURES.

WHEREAS, Zoning Text Amendment No. 2022-01 is A request by the City of Visalia to amend Visalia Municipal Code Chapter 17.56 (Historic Preservation District) as to: A) r equiring “Background” classified Local Register structures located outside the Historic District to undergo Historic Preservation Advisory Committee (HPAC) review for exterior alteration requests, B) granting the HPAC the ability to deny demolition request s for any property within the Historic District and/or listed on the Local Register, C) adding definitions for Local Register classifications, D) adding specific criteria for the evaluation of fencing proposals within the Historic District and/or on the Lo cal Register, E) limiting the percentage of paved surfaces allowed within front yard setback areas for properties within the Historic District and/or on the Local Register; and F) changing the frequency of Local Register reviews. The project area is contained within the City of Visalia’s Historic District and Local Register of Historic Structures . The specific amendments apply City-wide and are specified in Exhibit “A” of this Ordinance; and,

WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and,

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on July 11, 2022; and,

WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearin g; and,

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WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on August 1, 2022 , and introduced said Ordinance for first reading on that date.

NOW, THEREFORE, BE IT RESOLVED that the City Council concurs that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

BE IT FURTHER RESOLVED that the City Council of the City of Visalia finds as follows:

1. That the proposed development is consistent with the Zoning Ordinance, the Historic Preservation Element, and the Visalia General Plan, as described in the following Historic Preservation Element objectives and policies:

Historic Preservation Element Objective H-O-1 – Assure the recognition of the City’s history through the preservation of historic sites, structures and featuring zoning overlay designation and discretionary review procedures for the Historic District.

Historic Preservation Eleme nt Policy H -P-7 – Continue to use the Historic Preservation Ordinance development review process to protect structures listed on the Local Register of Historic Structures or located within the Historic District.

Historic Preservation Element Policy H -P-9 – Periodically survey historic resources and nominate historically and/or architecturally significant sites, structures, and neighborhoods to the Local Register of Historic Structures and/or Historic District, State of California Inventory of Historic Resou rces, National Register of Historic Places to ensure they are protected.

Historic Preservation Element Policy H -P-10 – Regularly review the Local Register of Historic Structures to ensure that properties are appropriately listed.

2. That the proposal will no t be injurious to the character or overall uniformity of the Historic District and Local Register of Historic Structures.

3. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that Zoning Text Amendment 2022-01, is approved, as contained in Exhibit “A” of this Ordinance.

Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, 206
paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Effective Date. This Ordinance shall take effect thirty days after its adoption.

Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

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Ordinance No. 2022-__

EXHIBIT “A”

An Ordinance of the City Council amending Chapter 17.56 (Historic Preservation District) of Title 17 of the Visalia Municipal Code.

Changes to City of Visalia Municipal Code, as specified by underline & italics for additions and strikeout for deletions.
______________________________________________________________________

VISALIA MUNICIPAL CODE
TITLE 17, Zoning Ordinance
Chapter 17.56 Historic Preservation District
Sections:

17.56.010 Purposes and intent.

17.56.020 Components of the chapter.

17.56.030 Definitions.

17.56.040 Regulation of structures.

17.56.050 Creation of historic preservation advisory committee.

17.56.060 Appeal.

17.56.070 Demolition or moving of historic structures.

17.56.080 Ordinary maintenance and repair.

17.56.090 Exceptions to Visalia Municipal Code requirements.

17.56.100 Building design compatibility criteria.

17.56.110 Local register structures.

17.56.120 Fencing and wall design criteria

17.56.120 17.56.130 Role of building official.

17.56.130 17.56.140 Separability.

17.56.010 Purposes and intent.

A. There is created a historic district, the boundaries of which are shown on the two maps entitled, "Historic District Overlay," which accompany the ordinance codified in this chapter and which are on file in the office of the city clerk, on the 19th day of November, 208
1979 and dated 19th day of November, 1979. Said maps are adopted and made a part of this chapter.

B. This chapter is enacted to preserve and promote the public healt h, safety and welfare of the residents of the city, and to express the commitment of the city to assure that the city's cultural heritage, as reflected in its historic structures, sites, and features is not destroyed, through:

1. The protection and preservation of historic structures;

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

3. The enhancement of property values in the older areas of the city;

4. The assurance that the community's cultural heritage, as reflected in the environment, is not lost;

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

6. The involvement of residents of the older areas in planning their own neighborhoods. (Ord. 2017-01 (part), 2017: Ord. 2001 -13 § 4 (part), 2001: prior code § 7700)

17.56.020 Components of the chapter.

This chapter shall include:

1. The ordinance, which specifies the historic di strict overlay designation, design evaluation criteria, and the formation, powers and duties of a historic preservation advisory committee;

2. Creation of a local register of historic structures, sites and features that may be modified from time to time by resolution of the city council.

3. Two maps that designate the historic district overlay. (Ord. 2017 -01 (part), 2017:

Ord. 2001-13 § 4 (part), 2001: prior code § 7701)

17.56.030 Definitions.

A. All definitions, general and specific, set f orth in Section 17.04.030 shall be applicable to this chapter.

B. Definitions.
"Construction" means any building activity requiring the issuance of a building permit, except for any activity that does not affect the exterior appearance of the structure. "Enlargement" means construction that results in the expansion of the gross floor area of a structure.
"Historic structure" means a structure listed on the Local Register. 209
"Local register" means the listing of local historic structures, sites and features adopted by the city council and maintained by the historic preservation advisory committee, and incorporated herein by reference. This designation is inclusive of all structures and features located within the boundaries of the property for which the Local register designation has been applied. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001:
prior code § 7702)
“Local register, Background” means properties that may not be historically significant or unique in their construction, but which contribute positively to the “visual fabric” of the City of Visalia.
“Local register, Exceptional” means properties with preeminent historical significance, considered for nomination to the California Register of Historical Resource s and/or National Register of Historic Places.
“Local register, Focus” means properties having significant value, of good to excellent quality, considered for local recognition and protection.

17.56.040 Regulation of structures.

No structure shall be constructed, altered or enlarged that is located in the historic district or that is listed as an "exceptional" or "focus" structure on the local register and is located outside the historic district, unless such a permit is issued pursuant to the terms of this chapter. No structure listed on the local register shall be moved or demolished unless a permit is issued pursuant to the terms of this chapter. (Ord. 2017-01 (part), 2017:

Ord. 2001-13 § 4 (part), 2001: prior code § 7703)

17.56.050 Creation of historic preservation advisory committee.

In order to execute the purposes declared in this chapter, there is created a historic preservation advisory committee.

A. Committee Membership.

1. The historic preservation advisory committee shall consi st of seven members appointed by the city council to serve without compensation. All committee members shall be residents of the city at the time of their appointment and will lose their position if they move outside the city limits during their term of office. Members shall be appointed on the basis of:
a. Relevant professional or business qualifications;
b. Ownership of property within the historic district; c. Practical experience in restoration or preservation; d. Exceptional civic interest.
e. Terms of office shall be for two years.
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2. Vacancies that may occur on the committee shall be filled by appointment of a new member of the city council for the duration of the unexpired term of office. The Council has the option of ap pointing up to two Historic Preservation Advisory Committee alternates. Should a mid -term vacancy occur, an alternate may automatically fill the unexpired term. The council shall also have the power to remove any member from the committee by an affirmative vote of three council members.

3. Four members of the committee shall constitute a quorum for the transaction of business.

B. Procedures for the Review of Applications. The operating procedures of the historic preservation advisory committee shall be prescribed from time to time by resolution of the city council, for the purpose of carrying into effect the standards and specifications of this chapter. The committee may adopt, amend, and repeal rules and regulations governing the conduct of its me etings, as long as said rules do not violate the procedures established by the city council or the terms of this chapter.

C. Duties and Responsibilities. The historic preservation advisory committee shall review applications only as specified in this chapter, consistent with the rules and regulations adopted from time to time by resolution of the city council (as referred to in Section 17.56.050(B)). Applications shall be approved or disapproved based solely on the considerations set forth in this chap ter. It is the intent of this chapter that the historic preservation advisory committee shall encourage applicants to make alterations and repairs to structures in the spirit of the architectural style of the structure. The duties and responsibilities of the historic preservation advisory committee shall include the following:

1. It shall be the duty of the historic preservation advisory committee to review all proposed zoning actions (zone changes, conditional use permits, special zoning exceptions, p lanned unit developments and variances) within the historic district. The committee may recommend approval, conditional approval, modification or disapproval of an application based upon the expected impact of the proposed zoning action on the historic or architectural significance of the affected structure(s), neighborhood, or the entire historic district. The committee's recommendation shall be forwarded to the planning commission for its consideration.

2. It shall be the duty of the historic preserv ation advisory committee to review all applications for site plan review permits within the historic district for compliance with the provisions of this chapter. Items that shall be subject to review by the committee include but are not limited to vehicula r access, location and screening of parking, setbacks, location of service use areas, walls and landscaping. The committee may recommend approval, conditional approval, disapproval or resubmittal of the site plan review permit application. The committee's recommendation shall be forwarded to the site plan review committee for its consideration.

3. It shall be the duty of the historic preservation advisory committee to review all applications for the construction or exterior alteration or enlargement of structures within the historic district or for structures located outside the historic dis trict and listed as "exceptional" or "focus" structures on the local register. The committee shall have the 211
power to approve, modify or disapprove such applications before a building permit can be issued, subject to the provisions of Sections 17.56.100 and 17.56.110.

4. It shall be the duty of the historic preservation advisory committee to review all applications for sign permits within the historic district or for properties located outside the historic district and listed as "exceptional" or "focus" on the local register. The committee may recommend approval, conditional approval or denial of the sign permit application based upon the proposed design and/or materials, but not upon the proposed size or location. The application shall then be presented to the proper issuing authority for sign permits, pursuant to Chapter 17.48. Sign permits shall be issued only in compliance with the recommendation of the committee. Approval by the committee in no way implies approval by the issuing authority for sign permits, whose approval must also be secured pursuant to Chapter 17.48.

5. It shall be the duty of the historic preservation advisory committee to review all applications for the moving or demolition of structures in the historic district or listed on the local register. The committee shall have the power to approve, conditionally approve, or disapprove such applications, subject to the provisions of Section 17.56.130.

6. It shall be the duty of the historic preservation advisory committee to compi le and update the historic survey and inventory, and to nominate properties to the local register, the California Register of Historical Resources, and the National Register of Historic Places. In selecting properties for nomination to the local register, the board shall consider:
a. Architectural significance and style;
b. Historic significance, including age of structure, original owners, and events related to the structure, site or original owners.

The committee shall review the local regist er annually every five years , make recommendations for the addition or deletion of structures or sites, and submit said recommendations to the planning commission and city council for certification.

7. Permits may be issued for air conditioners, electrical work and plumbing work that is visible from a public right -of-way when the chief building official determines that the work insignificantly affects the exterior of a structure, or that reasonable alternatives as to location or screening have bee n employed. The building official may forward to the historic preservation advisory committee applications for permits for this type of work when it appears that the appearance of a structure may be significantly altered. This subsection shall not apply to the following types of permit applications:

1. Reroofing with like materials;

2. Residing with like materials;

3. Swimming pools;

4. Masonry repairs with like materials;
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5. Chimney repair with like materials. (Ord. 2017 -01 (part), 2017: Ord. 2008 -11 § 1, 2008: Ord. 2001-13 § 4 (part), 2001: prior code § 7704)

8. Sites within the historic district or on the local register shall reserve a minimum 50% of the required front yard setback area for the purposes of landscaping.

17.56.060 Appeal.

Any person or persons jointly or severally aggrieved by a decision of the historic preservation advisory committee may make an appeal in writing therefrom to the city council within ten days of said action. The city council, after proceeding in the manner as provided therein and with the same power and authority there invested in passing upon appeals before it under the provisions of law and this chapter and in the exercise thereof, may reverse, affirm or modify or affirm as modified the action of the historic preservation advisory committee. Appeals of a decision of the site plan review committee shall be filed with the planning commission in the manner prescribed in Section 17.28.050. (Ord. 2017- 01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7705)

17.56.070 Demolition or moving of historic structures.

A. The demolition of structures listed on the local register, and the moving of local register structures from their sites, shall be discouraged. The historic preservation advisory committee shall review all applications for demolition or moving permits for structures on the local register and for any structures within the historic district boundaries.

B. After due consideration, the committee shall exercise one of the opti ons listed below:

1. The committee may approve the demolition permit if it finds that the structure is a hazard to public health or safety, as determined by the building official or his designee, in consultation with the historic preservation advisory committee.

2. The committee may decide that up to a six -month moratorium be placed upon the processing of the demolition or moving permit, in order to allow time for the applicant and the committee to find alternative uses for the structure and to se ek alternative solutions to the demolition or moving of the structure. If no alternatives are found, after the six - month moratorium has expired, the committee must approve the application.

3. In the case of local register structures that have been cla ssified as "exceptional," the The committee may deny an application for demolition, after the six-month moratorium has expired. Denial of a demolition permit by the committee is subject to appeal to the city council pursuant to Section 17.56.060.

4. The committee may approve the application.

C. When an application is acted upon, the committee shall notify the building official of the approval, conditional approval or denial. Upon receipt of said notification, the building official shall process the application accordingly. If, after six months from the date of filing of the application, the building official has not received such notification, a permit 213
may be issued. Approval of a permit application by the committee in no way implies approval by the building official, whose approval must also be secured. (Ord. 2017 -01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7706)

17.56.080 Ordinary maintenance and repair.

Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within the historic district; provided such work involves no change that requires issuance of a building permit. Nothing in this chapter shall be construed to prevent the construction, reconstruction, alteration or demolition of any feature that, in the view of the proper authority acting lawfully, is required for the public safety because of an unsafe or dangerous condition. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001:
prior code § 7708)

17.56.090 Exceptions to Visalia Municipal Code requirements.

Due to the peculiar conditions of design and construction in historic neighborhoods where structures were sometimes built close to lot lines, and where ownership patterns have changed over the years, it is sometimes in the public interest to retain the historic appearance of a neighborhood by making an exception to normal setback, parking, landscaping, fencing and screening requirements of the Visalia Municipal Code, where such an exception does not interfer e with the public health or safety. Within the historic district, where it is deemed that such an exception is warranted and will not adversely affect neighboring properties, the historic preservation advisory committee may initiate and/or recommend to the planning commission that such exception to Visalia Municipal Code requirements be made. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001:
prior code § 7709)

17.56.100 Building design compatibility criteria.

This section contains criteria for reviewing all applications for new construction and sign permits within the historic district, and for any rehabilitation, renovation, alteration, reconstruction, or enlargement affecting the exterior appearance of any structure within the historic district that is not listed on the local register, which requires the issuance of a building permit. Each application shall be considered in terms of its compatibility or complementariness with a majority of structures in the immediately surrounding area. In reviewing an application, the historic preservation advisory committee shall consider the following general design standards and principles:

A. Height and Scale. New buildings should be constructed to a height within a reasonable average height of existing adjacent buildings.

B. Spacing of Buildings on Street. A rhythm of recurrent building masses to separations should be retained.

C. Relationship of Materials and Textures. Choice of building materials and texture (smooth and rough) should enhan ce the desired neighborhood qualities such as compatibility, similarity and continuity.
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D. Relationship of Architectural Details and Roof Shapes. Choice of architectural details and roof shape should insure compatible appearance with surrounding structures.

E. Walls of Continuity. Physical ingredients such as brick walls, wrought iron fences, and evergreen landscape masses should be used to form continuous cohesive walls of enclosure along the street.

F E. Landscaping. Landscaping should reflect the predominant quality and quantity of landscaping within the surrounding area. The concern here is more with mass and continuity.

G F. Directional Expression of Front Elevations. Structural shape, placement of openings, and architectural details should be used to give a compatible appearance with adjacent structures that may be horizontal, vertical or nondirectional in nature. (Ord. 2017- 01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7710)

17.56.110 Local register structures.

This section contains criteria for reviewing all applications for building permits for exterior rehabilitation, renovation, alteration, reconstruction, or enlargement of any local register structure within the historic district, or any "exceptional" or "focus" local register structure outside the historic district , and for any interior modification that requires the issuance of a building permit for a publicly owned and publicly accessible local register structure. In reviewing an application, the histor ic preservation advisory committee shall consider the following general standards and principles:

A. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building structure, or site and its environment, or to use a property for its originally intended purpose.

B. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

C. All buildings, structures and sites shall be recognized as products of their own time.

Alterations that have no historic basis and that seek to create an earlier appearance shall be discouraged.

D. Changes, which may have taken place in the course of time, are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

E. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure or site, shall be treated with sensitivity.

F. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities.

Repair or replacement o f missing architectural features should be based on accurate 215
duplications of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

G. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken, without prior approval of t he historic preservation advisory committee.

H. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any acquisition, protection, stabilization, preservation, rehabilitation, restoration or reconstruction project. (Ord. 2710 (part), 2017:

Ord. 2001-13 § 4 (part), 2001: prior code § 7711)

17.56.120 Fencing and wall design criteria.

This section contains criteria for reviewing all applications for new fencing and walls within the historic district or on the local register, and for any application for rehabilitation, renovation, alteration, reconstruction, or enlargement of fencing and walls within the historic district or on the local register. In reviewing an application, the historic preservation advisory committee shall consider the following general standards and principles:

A. Fencing proposals shall be used to form continuous cohesive walls of enclosure along the street, and shall be compatible with the architectural style of the main bui lding and historic district.

B. If historic walls or fencing exist on a property, preference should be given to repair of the existing fencing or wall to restore its original appearance to the extent possible . If removal and replacement of historic fencing and walls is proposed, preference should be given to the use of like materials to preserve the appearance of the original fencing or wall.

C. Proposals for new fencing or walls should be compatible with the character and architectural elements of the historic s tructure onsite and its period of original construction.

D. Appropriate materials for fencing and walls shall include, but not be limited to, landscape masses, w ood, wood pickets, wrought iron, cast iron, masonry walls , brick, stone, decorative wire, and vinyl materials that mimic the appearance of painted wood.

E. Proposals for chain link fencing in areas visible from the street shall be discouraged. The historic preservation advisory committee may grant an application for chain link fencing along public streets if, on the basis of the application and the evidence submitted, the committee makes one of the following findings:

1. That the proposed chain link fencing is compatible with the historic structure and the neighborhood;
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2. That sufficient evidence has be en provided indicating that the applicant will experience an economic hardship should the chain link fencing not be permitted to be placed onsite;

17.56.120 17.56.130 Role of building official.

A. The building official shall refuse to issue all building or sign permits based upon an application disapproved by the historic preservation advisory committee, unless such application is later approved by the city council. The building official may approve any application approved or conditionally appro ved by the committee at such time as any conditions specified in such conditional approval are clearly indicated by the applicant on the plans presented to the building official for approval. If an appeal to the city council is filed within ten days from the date of committee approval of an application, no permit shall be issued until the outcome of said appeal is finally determined by the city council.

B. After a building permit has been issued, the building official or his/her designee shall from time to time inspect the construction, alteration or enlargement approved by the committee and shall take such action as is necessary to assure compliance with the approved plans. (Ord. 2017-01 (part), 2017: Ord. 2001 -13 § 4 (part), 2001: prior code § 7712)

17.56.130 17.56.140 Separability.

The provisions of this chapter shall be deemed to be severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not impair any of the remaining provisions. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7707)

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0314 Agenda Date: 8/15/2022 Agenda #: 11.

Agenda Item Wording:

Second reading and adoption of Ordinance No. 2022-11 approving Change of Zone No. 2021-12, a request to change the zoning designation of 5,196 square feet of a 15,261 square foot parcel from R- 1-5 (Single-family Residential, 5,000 square foot minimum lot size) to C-MU (Commercial Mixed Use).

Deadline for Action: 8/15/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Josh Dan, Associate Planner, (559)713-4003, [email protected] <mailto:[email protected]> Paul Bernal, Community Development Director, (559)713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2022- 11 for Change of Zone No. 2021-12.

Summary:

On August 1, 2022, the City Council held a public hearing to introduce Ordinance No. 2022-11 for Change of Zone (COZ) No. 2021-12. The COZ is a request to change the land use designation of 5,196 square feet of a 15,261 square foot parcel from R-1-5 (Single-Family Residential 5,000 sq. ft. minimum lot area) zoning to C-MU (Commercial Mixed Use) zoning, located on the northeast corner of South Mooney Boulevard and West Meadow Avenue (APNs: 096-023-023). No persons spoke in opposition at the City Council meeting, and Council voted (5-0) to conduct the first reading of the ordinance.

The second reading of the Ordinance is the final action the City Council takes in order for Change of Zone No. 2021-12 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.

Background Discussion:

The proposed COZ will facilitate the development of a parking lot for the proposed Tea House and other uses. The developed site, in its current configuration, cannot accommodate most uses allowed in the underlying C-MU zone as the existing paved on-site parking cannot support the parking requirements for most commercial uses based on the building square footage and number of parking stalls on-site. The applicant, through the Site Plan Review process, expressed interest in facilitating a cohesive redevelopment of this site by incorporating the vacant undeveloped site located to the east of the building to provide additional parking consistent with City standards.

Staff concludes that the proposed project is consistent with the City’sGeneral Plan as it relates to providing neighborhood specific commercial services. Land Use Element Objective LU-O-22 provides Visalia City Council Printed on 8/12/2022Page 1 of 2
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File #: 22-0314 Agenda Date: 8/15/2022 Agenda #: 11.
providing neighborhood specific commercial services. Land Use Element Objective LU-O-22 provides for creating inclusive compact neighborhoods with opportunities for neighborhood commercial services. Land Use Element Objective LU-O-28 encourages the promotion of pedestrian-oriented retail along transit corridors, such as Mooney Boulevard. Furthermore, Land Use Element Policy LU- P-72 indicates that noise, traffic, and other potential conflicts that may arise in a mix of commercial and residential uses can be mitigated through good site planning and inclusion of appropriate operational measures. Staff concludes, based on the revised site plan accepted by the Site Plan Review Committee and the conditions of project approval, that the proposal meets the intent of this policy.

Fiscal Impact:

None.

Prior Council Action:

On August 1, 2022, Council voted (5-0) to conduct the First Reading of Ordinance No. 2022-11 for Change of Zone No. 2012-12.

Other: N/A
Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading of Ordinance No. 2022-11 for Change of Zone No. 2021-12.

Environmental Assessment Status:

Categorically Exempt under Section 15332 (Infill Projects) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA).

CEQA Review:

The requested action is considered Categorically Exempt under Section 15332 (Infill Projects) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) (Categorical Exemption No. 2021-50). The exemption is appropriate as the project will not produce significant effects to noise, air, traffic, or water quality, is consistent with the applicable general plan and zoning designations, is located on two properties totaling 35,423 sq. ft. in size with no significant habitat of note and maintains sufficient access to required utilities and public services.

Attachments:

1. Ordinance No. 2021-11 for Change of Zone No. 2021-12

2. Exhibit “A” - Site Plan

3. 3. Aerial Photo
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Ordinance No. 2022-11

ORDINANCE NO. 2022-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING CHANGE OF ZONE NO. 2021-12, A REQUEST BY MING LU JIN TO CHANGE THE ZONING DESIGNATION OF 5,196 SQUARE FEET OF A 15,261 SQUARE FOOT PARCEL FROM R-1-5 (SINGLE FAMILY RESIDENTIAL, 5,000 SQUARE FOOT MINMUM SITE AREA) TO C-MU (MIXED USE COMMERCIAL). THE PROJECT SITE IS LOCATED ON THE NORTH EAST CORNER OF SOUTH MOONEY BOULEVARD AND WEST MEADOW AVENUE. (ADDRESS:
914 S. MOONEY BOULEVARD) (APN: 096-023-023).

WHEREAS, Change of Zone No. 2021-12 is a request to change the zoning designation on 5,196 square feet from R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to C-MU (Mixed Use Commercial). (APN: 096-023-023); and,

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing for Change of Zone No. 2021-12 on June 27, 2022; and,

WHEREAS, the Planning Commission of the City of Visalia considered the Change of Zone in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia based on evidence contained in the staff report and testimony presented at the public hearing, and recommended approval of said General Plan Amendment and Change of Zone; and,

WHEREAS, the Planning Commission of the City of Visalia adopted Resolution No. 2022- 11 recommending approval of Change of Zone No. 2021-12; and,

WHEREAS, the City Council of the City of Visalia, after ten days published notice, held a public hearing for Change of Zone No. 2021-12 on August 1, 2022.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Visalia approves Change of Zone No. 2021-12, as shown on Attachment “1” of this Ordinance, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Section 17.44.090 of the Ordinance Code of the City of Visalia, based on the following specific findings and evidence presented:

1. That Change of Zone No. 2021-12 is consistent with the intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the site, as conditioned, is consistent with the C -MU (Commercial Mixed Use) zoning designation’s development standards. The request to change the zoning designation of the easternly site to Mixed Use Commercial will be compatible with the historic use of the site and improve the surrounding area.

3. That Categorical Exem ption No. 2021- 50 was prepared for the project consistent with the California Environmental Quality Act, Section No. 15332, which is appropriate as the project will not produce significant effects to noise, air, traffic, or water quality, is consistent wit h the applicable general plan and zoning designations, is located on two properties totaling 35,423 sq. ft. in size with no significant habitat of note, and maintains sufficient access to required utilities and public services.
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Ordinance No. 2022-11

ATTACHMENT “1”

AN ORDINANCE OF THE CITY COUNCIL AMENDING THE ZONING MAP AS

FOLLOWS

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

Section 1: The Zoning Map is hereby amended as follows:

Section 2: This property and Zoning Map of the City of Visalia is hereby amended to show said property changes.

Section 3: This Ordinance shall take effect thirty days after passage hereof.

EXISTING

PROPOSED
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Exhibit “A”
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Aerial
S M
ooney Blvd
W Beverly Dr
W Meadow Ave
S Bonnie St
W Meadow Ave
.
0 60 12030 Feet Project Site
Parcels
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0316 Agenda Date: 8/15/2022 Agenda #: 12.

Agenda Item Wording:

Rescind Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request to by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34. (Resolution No. 2022-50 required)
Deadline for Action: 8/15/2022
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that the City Council adopt Resolution No. 2022-50 which rescinds the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request to by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34 by removing the requirement for properties converting farmland within Growth Tiers II and III to enter into an Agricultural Mitigation Program (AMP).

The recommendation to rescind the adoption of Resolution No. 2021-44 is based on the recent ruling of the Superior Court of the State of California, County of Tulare, which invalidated the City of Visalia’sapproval to General Plan Amendment (GPA) No. 2021-01 and the related certification of an addendum to a previously certified environmental impact report (EIR).

Background Discussion:

General Plan Amendment (GPA) No. 2021-01 was initiated by the City of Visalia in response to direction provided by the Visalia City Council on February 16, 2021, supported by a Feasibility Study that researches the feasibility of an Agricultural Mitigation Program (AMP) within the Visalia planning area prior to the establishment of a City-wide program. Following a work session item held to introduce and receive direction on the Study, the Council provided direction to staff to move forward with Alternative #4 outlined in the Study, which is to amend General Plan Land Use Policy LU-P-34, eliminating the requirement of an AMP for development to occur within the Tier II and III Urban Growth Boundaries. The revision to Land Use Policy LU-P-34, included the removal of the requirement for new urban development to enter into an AMP, supported through information compiled in the Feasibility Study and an Addendum to the City of Visalia 2030 General Plan Environmental Impact Report (EIR).

On August 2, 2022, the City Council through adoption of Resolution No. 2021-44, approved General Plan Amendment (GPA) No. 2021-01 removing the requirement for properties converting farmland within Growth Tiers II and III to enter into an Agricultural Mitigation Program.

As a result of this GPA approval, the Sierra Club and Central Valley Partnership filed a suit against the City of Visalia. On July 21, 2022, the Superior Court of the State of California, County of Tulare Visalia City Council Printed on 8/12/2022Page 1 of 2
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File #: 22-0316 Agenda Date: 8/15/2022 Agenda #: 12.
the City of Visalia. On July 21, 2022, the Superior Court of the State of California, County of Tulare ruled that the City failed to comply with the disclosure requirements under CEQA in its use of an addendum for the removal of the AMP and directed the City to rescind the resolution and certification of the addendum for GPA No. 2021-01.

Fiscal Impact:

N/A.

Prior Council Action:
· On August 2, 2022, the City Council through adoption of Resolution No. 2021-44, approved General Plan Amendment (GPA) No. 2021-01. The GPA removed the requirement for properties converting farmland within Growth Tiers II and III to enter into an Agricultural Mitigation Program (AMP). It also removes reference to the County of Tulare 2030 General Plan Update and its contemplation of an Agricultural Conservation Easement Program since it was not ultimately adopted as a regional program.
· On February 16, 2021, at a Work Session, the Council directed staff to proceed with the alternative outlined in the Feasibility Study to remove the requirement for an AMP in Policy LUP-34 (i.e., Alternative No. 4). The Council’s direction was based on information in the Feasibility Study as well as written and verbal public testimony that included arguments for and against the establishment of an AMP.

Other:

The Planning Commission held a public hearing for the General Plan Amendment on July 12, 2021 and recommended its approval to the City Council by a vote of 4-0 with Commissioner Beatie abstaining.

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

I move to adopt Resolution No. 2022-50 which rescinds Resolution No. 2021-44.

Environmental Assessment Status: N/A.

CEQA Review: N/A.

Attachments:

1. Resolution No. 2022-50

2. Resolution No. 2021-44
Visalia City Council Printed on 8/12/2022Page 2 of 2
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RESOLUTION NO. 2022-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, RESCINDING RESOLUTION NO. 2021-44, WHICH APPROVED GENERAL PLAN AMENDMENT NO. 2021- 01, A REQUEST TO BY THE CITY OF VISALIA TO AMEND LANGUAGE TO GENERAL PLAN LAND USE POLICY LU-P-34 BY REMOVING THE REQUIREMENT FOR

PROPERTIES CONVERTING FARMLAND WITHIN GROWTH TIERS II AND III TO ENTER INTO AN AGRICULTURAL MITIGATION PROGRAM (AMP).

WHEREAS, General Plan Amendment No. 2021 -01 was a request by the City of Visalia to amend language to General Plan Land Use Policy LU -P-34, removing a requirement for the establishment of an agricultural mitigation program associated with the conversion of certain farmlands in Growth Tiers II and III. The project applies city wide, to properties within the Urban Growth Boundaries established by the Visalia 2030 General Plan; and

WHEREAS, General Plan Amendment (GPA) No. 2021 -01 was initiated by the City of Visalia in response to direction provided by the Visalia City Council on February 16, 2021, supported by a Feasibility Study that researches the feasibility of an Agricultural Mitigation Program (AMP) within the Visalia planning area prior to the establishment of a City-wide program; and

WHEREAS, the Planning Commission of the City of Visalia, afte r ten (10) days duly published notice, held a public hearing before said Commission on July 12, 2021; and,

WHEREAS, the Planning Commission of the City of Visalia considered the General Plan Amendment in accordance with Sections 17.54.060 and 17.54.070 o f the Zoning Ordinance of the City of Visalia based on evidence contained in the staff report and testimony presented at the public hearing and recommended approval of the General Plan Amendment, and adopted Resolution No. 2021-34 recommending approval of General Plan Amendment No. 2021-01; and

WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice, held a public hearing before said Council on August 2, 2021; and

WHEREAS, the City Council of the City of Visalia, through adoption of Resolution No. 2021-44, approved General Plan Amendment (GPA) No. 2021 -01 and certification of the addendum for GPA No. 2021-01; and

WHEREAS, the Sierra Club and Central Valley Partnership challenged the amendment by filing a petition for writ of mandate, with the Superior Court of the State of California, County of Tulare; and

WHEREAS, on July 21, 2022 , the Superior Court of the State of California, County of Tulare ruled that the City failed to comply with the disclosure requirements under CEQA in its use of an addendum for the removal of the AMP and directed the City to rescind the resolution and certification of the addendum for GPA No. 2021-01.

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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Visalia rescinds the adoption of Resolution No. 2021 -44 thereby invalidating the City of Visalia’s approval to General Plan Amendment (GPA) No. 2021 -01 and the related certification of an addendum to a previously certified environmental impact report. 227
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0285 Agenda Date: 8/15/2022 Agenda #: 1.

Agenda Item Wording:

Conduct a public hearing to receive comments on the proposed 2019-20 Annual Action Plan Substantial Amendment III. Approve and appropriate the proposed 2019-20 Annual Action Plan Substantial Amendment III of $291,599 in CDBG Coronavirus Aid, Relief and Economic Security Act (CDBG-CV) reallocation funding.

Deadline for Action: 8/1/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Margie Perez, Housing Specialist, [email protected] <mailto:[email protected]>, (559) 713-4460; Melody Murch, Assistance Finance Director, [email protected] <mailto:[email protected]>, (559) 713-4379 Department Recommendation:

Staff recommends that City Council:

1. Conduct a public hearing to receive public comments on the proposed 2019-20 Annual Action Plan Substantial Amendment III; and

2. Approve and appropriate the proposed 2019-20 Annual Action Plan Substantial Amendment III of $291,599 in CDBG Coronavirus Aid, Relief and Economic Security Act (CDBG-CV) reallocation funding; and

3. Authorize the City Manager or their designee to submit the 2019-20 Action Plan Substantial Amendment III to HUD.

Background Discussion:

In response to the COVID-19 pandemic, The U.S. Department of Housing and Urban Development (HUD) has notified the City of Visalia, of an additional allocation of CDBG-CV funds to be used to prevent, prepare for, and respond to COVID-19. The CARES Act allocation was authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. On June 14, 2022, the City was notified of an additional $291,599 in CDBG-CV reallocation funds to be used to prevent, prepare for, and respond to COVID-19.

The City has previously received a total of $1,507,850 in CDBG-CV funds that were used for food assistance, and a Subsistence Payment Program. The Subsistence Payment Program included rental, mortgage, and utility assistance. On June 14, 2022, the City received official notification of a special allocation of CDBG-CV reallocation funds in the amount of $291,599 to be used to prevent, prepare for, and respond to COVID-19 as shown in Attachment A - HUD CDBG-CV Reallocation Letter.

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The CARES Act made available $5 billion in CDBG-CV funds. CDBG-CV funds were allocated to grantees. However, some grantees did not apply for one or more allocation rounds or declined their awards. The remaining $3,069,687 of CDBG-CV funds are now reallocated to grantees that have demonstrated capacity to quickly expend CDBG-CV funds. The grantees eligible for this reallocation are limited to those that expended 99% or more of their CDBG-CV funds by January 4, 2022. As a result, the City received a special allocation of CDBG-CV reallocation funds in the amount of $291,599 to be used to prevent, prepare for, and respond to COVID-19. Administration is capped at 20 percent, which is $58,320 and the program delivery is $233,279 for a total of $291,599 in CDBG- CV funds as shown below in Table-1: CDBG-CV Reallocation Funding.

Table-1: CDBG-CV Reallocation Funding
Administration at 20% $ 58,320
Program Delivery 233,279
Total CDBG-CV Reallocation $ 291,599
To accept this reallocation of $291,599, the City must amend the 2019-2020 Action Plan. The contract amendment must be fully executed by September 23, 2022, which requires the amendment to be completed and sent to HUD by August 16, 2022, to allow for creation and execution of the contracts by the deadline.

Based on Council direction provided on August 1st, and community input the proposed 2019-20 Action Plan Amendment III consists of administering a COVID-19 Emergency Rental and/or Mortgage Assistance Program for low to moderate income working households who have been directly impacted by the Coronavirus Pandemic to prevent eviction. Assistance is set at $2,000 per household and is expected to assist approximately 116 eligible households to avoid evictions as well as assist landlords receiving rent to prevent future foreclosures in the City of Visalia. Per HUD CDBG -CV regulations, 6-month of assistance is the maximum allowable CDBG-CV assistance. As a result, beneficiaries will be required to have been directly impacted by the COVID-19 pandemic within 6- months of assistance. A Notice of Funding Availability will be released to allow all interested parties to apply for a contract to administer a COVID-19 Relief Emergency Rental/Mortgage Assistance Program.

Public Comment Period: In accordance with HUD CV waiver guidelines, the proposed substantial amendment must be published for no less than 5-days for public comment before it is submitted to HUD. The City of Visalia has provided a 10-day period to receive public comments on the proposed amendment to the 2019-20 Annual Action Plan. The 10-day public comment period was from August 5, 2022 through August 15, 2022. Tonight’s public hearing is the final step in the public comment period.

Fiscal Impact:

Approval of this item will appropriate $291,599 of additional CDBG-CV reallocation funds to prevent, prepare, and respond to the coronavirus pandemic to a COVID Emergency Rental/Mortgage Assistance Payment Program. CDBG funds are to be received on a reimbursement basis. This will require changes to be submitted to HUD in the Integrated Disbursement and Information System (IDIS) to property track and report on separate activities. No General Fund money is included in this item.

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Prior Council Action:
*May 18, 2020: Budget Amendment and Initial appropriation of CDBG-CV funding. *June 20, 2020: Approval of CDBG-CV Food Program agreement with CCFB *August 17, 2020: Approval of a CDBG-CV Subsistence Payment Program. *September 21, 2020: Council directed staff to prepare an amendment to the 2019-20 Annual Action Plan to allocate $739,863 in round 3 CDBG-CV funding and $160,137 in prior year unspent CDBG to the Subsistence Payment Program, to bring the total funding available to $1,200,000. *October 15, 2020: Adoption of 2019-20 Annual Action Plan Substantial Amendment II to initiate a CDBG-CV Subsistence Payment Program.
*August 1, 2022: Receive Council direction on $291,599 in CDBG-CV reallocation funds.

Other: None.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

Staff is recommending City Council:

1. Hold a public hearing to receive public comments on the proposed 2019-20 Annual Action Plan Substantial Amendment III; and

2. Approve and appropriate the proposed 2019-20 Annual Action Plan Substantial Amendment III of $291,599 in CDBG Coronavirus Aid, Relief and Economic Security Act (CDBG-CV) reallocation funding; and

3. Authorize the City Manager or their designee to submit the 2019-20 Action Plan Substantial Amendment III to HUD.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: • Attachment A - HUD Visalia CDBG-CV Reallocation Letter • Attachment B - Draft 2019-20 Action Plan Amendment III • Attachment C - Proposed 2019-20 AAP CDBG-CV Amendment III PowerPoint
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PY 2019 Visalia CARES Act Draft
Substantial Amendment III

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Table of Contents

Purpose of the Amendment(s) ..................................................................................................................... 3 Executive Summary ....................................................................................................................................... 3 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 3 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................. 10 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 30 Expected Resources .................................................................................................................................... 54 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 54 Annual Goals and Objectives ...................................................................................................................... 60 Projects ................................................................................................................................................... 64 AP-35 Projects – 91.220(d) ..................................................................................................................... 64 AP-38 Project Summary .......................................................................................................................... 67 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 80 Affordable Housing ..................................................................................................................................... 83 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 83 AP-60 Public Housing – 91.220(h) ........................................................................................................... 85 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 87 AP-75 Barriers to affordable housing – 91.220(j) ................................................................................... 91 AP-85 Other Actions – 91.220(k) ............................................................................................................ 94 Program Specific Requirements .................................................................................................................. 98

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Purpose of the Amendment(s)
The Program Year (PY) 2019 Visalia CDBG-CV Amendment I includes two amendments: 1) CDBG-CV PY 2019 amendment- public service activities under the CARES Act funding eligible activities; and 2) 2019 CDBG AP amendment to move remaining funds from an ADA activity to another. An amendment through a public hearing process was approved by council on 4-20-20 to re-appropriate approximately $66,683.37 moving from a completed ADA project to an ongoing open ADA project.

The Program Year (PY) 2019 Visalia CARES Act Substantial Amendment II consists of $767,987 in CDBG- CV round 1, $739,863 in CDBG-CV round 3, and unspent 2019 CDBG entitlement funds in the amount of $160,137 for a total of $1,667,987 for CDBG-CV projects. The PY 2019 Visalia CARES Act Substantial Amendment II projects consists of food assistance at $425,551 subsistence payments at $1,200,000 and CDBG-CV admin at $42,436 for a total of $1,667,987. Through the use of HUD approved waivers, the 5- day public comment period was from October 1st, 2022 through October 5th, 2020. A public hearing on the proposed amendment took place on Monday, October 5th, 2020, at 7:00pm at the Visalia Convention Center at 303 E. Acequia Avenue, Visalia, CA 93291.

The Program Year (PY) 2019 Visalia CARES Act Substantial Amendment III consists of additional $291,599 in CDBG-CV reallocation funds. The full CDBG-CV reallocation amount will be used to administer an Emergency Rental/Mortgage Assistance Program. The public comment period is from August 5th, 2022, through August 15th, 2022. A public hearing on the proposed amendment takes place on Monday, August 15th, 2022, at 7:00pm at the City Council Chambers at 707 W. Acequia Avenue, Visalia CA 93291.

Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Visalia (City) is an entitlement jurisdiction (EJ) that receives federal funds from the U.S.

Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs, which are designed to assist low and moderate income (LMI) households, investing in Visalia's neighborhoods.

HUD requires that the City prepare a Consolidated Plan (ConPlan) every five years to foster a community-wide dialogue regarding the market environment, affordable housing and community development needs.

The City is required to prepare an Annual Action Plan (AP) to report on the distribution of funding for the program year, which starts July 1st - June 30th. The AP explains how the City intends to use its CDBG 239

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and HOME funds, and how the funded programs will address the priorities identified in the ConPlan. The AP also identifies resources that will be used to meet the goals of the approved ConPlan.

The Fifth Year AP reflects the goals and objectives for the period starting July 1, 2019 - June 30, 2020.

CDBG shall be directed toward public services, public ADA improvements, Code Enforcement, Emergency Repair and Accessibility Program, and public/park improvements, Public Facility improvements such as acquisition and/or construction of an emergency shelter and/or Bridge housing for homeless population.

CDBG PI shall be directed toward Administration, ADA projects, and public services.

HOME funds shall be directed toward SHE CHDO Acquisition/rehabilitation (SHE CHDO Acq), infill, and construction of single and multi-family housing. HOME PI shall be directed to SHE CHDO Acq. projects and Administration (up to 10%). For any additional HOME PI received, the City Manager has the authority, if deemed a minor amendment, to direct it toward either the SHE- CHDO or the Tenant Based Rental Assistance (TBRA) programs.

Minor Amendment Dated 10.28.19- CDBG: Move $35k from Admin to Community Campus Lot - Park Project.

Substantial Amendment 2019 CDBG: move approx. $66k from completed ADA project to another ADA project; Council approved 4.20.20
CDBG-CV Amendment I includes two amendments: 1) CDBG-CV PY2019 amendment- Public service activities under the CARES Act funding eligible activities; AND2) 2019 CDBG AP, was amendment to move remaining funds from an ADA activity to another. An amendment through a public hearing process was approved by council on 4-20-20. to re-appropriate approximately $66,683.37, moving from a completed ADA project to an ongoing open ADA project.

CDBG-CV Amendment II includes $767,987 in CDBG-CV round 1, $739,863 in CDBG-CV round 3, and unspent 2019 CDBG entitlement funds in the amount of $160,137 for a total of $1,667,987 for CDBG-CV projects. The PY 2019 Visalia CARES Act Amendment II projects consists of food assistance at $425,551, subsistence payments at $1,200,000 and CDBG-CV admin at $42,436, for a total of $1,667,987. Council approved on 10/5/20.

CDBG-CV Amendment III includes $291,599 in CDBG-CV reallocation for CDBG-CV projects. The PY 2019 Visalia CARES Act Amendment III projects consists of an Emergency Rental/Mortgage Assistance Program utilizing the full $291,599 in CDBG-CV funds. The public hearing to adopt the amendment is on 8/15/22.

2. Summarize the objectives and outcomes identified in the Plan 240

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This could be a restatement of items, or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis, or the strategic plan.

The four ConPlan goals below represent high priority needs for the City of Visalia (City) and serve as the basis for the strategic actions the City will continue to take toward meeting these needs. Based on the Needs Assessment, Market Analysis, and community outreach conducted in mid-2015, in preparation of the current five-year ConPlan cycle, the 2015-2019 ConPlan efforts resulted in the following high priority needs:

1. Creation and preservation of decent affordable housing

2. Provide a suitable living environment

3. Promote economic opportunity

4. Provide program administration, planning, and management in FY 2019, Visalia will fund activities in furtherance of the objectives and priorities identified in the SP for the five years from 2015 to 2020, improving availability, accessibility, affordability and sustainability through programs and activities which benefit the community, focusing on low- and moderate-income households and areas. A The activities for the 2019 FY will support at least one objective and one outcome. The 2019 Action Plan activities are listed in section AP-35, Projects, more specifically, AP-38 Project Summary. Attached herein is Table 1: Action Plan HOME funds, including prior balance commitments. Also included herein below, is Table 2: 2019 Action Plan CDBG funds, including prior balance commitments.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

The City will continue successful programs, meeting high priority needs, addressing affordable housing, a suitable living environment and economic development objectives. Performance accomplishments include Affordable Housing, Suitable Living Environment, and Public Services.

Affordable Housing: HOME CHDO funds continue to be provided to SHE to produce affordable housing, both single and multifamily development, for our most vulnerable population, meeting HOME timelines for commitment and expenditures.

The HOME Tenant-Based Rental Assistance (TBRA) program administered by Family Services of Tulare County continues to be a challenge due to the lack of available units. Staff conducted a rent analysis in 2017 and 2018 that met HUDs requirements resulting in an increased Rent Standard for the program.

The purpose is to provide secure, safe, decent, and sanitary rental housing assistance to extremely low and very low-income persons or households that are homeless who meet the tenant selection 241

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criteria. TBRA focuses on special purposes or specific housing needs of Visalia’s homeless population as indicated within the Con Plan. The TBRA program currently has five participants.

The CDBG Senior Mobile Home Repair Program (SMHRP) contracted with SHE is using previous year CDBG funds, which will assist approximately 6 more eligible mobile homeowners, in addressing health, safety and rehabilitation needs. Applications are under review. No additional funding is recommended toward the SMHRP in 2019. New funding has been directed toward the Emergency Repair and Accessibility Program (ERAP). Upon policy development and selection of an administrator the program will be brought online.

Suitable Living Environment: CDBG funds will be used to improve public and park facilities, along with accessibility improvements including sidewalks for connectivity to the ADA curb cuts that serve primarily low- and moderate-income residents and disabled population. Previous year funding supported ADA improvements for the south side of Houston Avenue between Santa Fe and Dinuba Boulevard areas in CDBG targeted areas. Engineering continues to conduct analysis for accessibility needs within the CDBG targeted areas. Staff was also directed to consider ADA accessibility needs in the southwest quadrant of the city, within low mod neighborhood areas, school areas, and public community buildings which provide neighborhood activities.

Economic Development: No funding is recommended toward this activity this year. 4 of the 5 years, funding went toward the Section 108 loan repayment which provided funding for construction of a downtown parking structure based upon the City’s commitment to provide adequate parking in the downtown area to stimulate job creation.

Public Services: Efforts to fund public services have increased over the last few years. The Fair Housing Council of Central California (FHCCC) continues to provide fair housing education including the annual Fair Housing workshop in April, and will conduct testing, which supports the Analysis of Impediments for the new 5-year ConPlan. Other public services include Continuum of Care (CoC) and the Family Services- Voucher Program, Case Management Programs which address the needs of our homeless population through street outreach, and case management services. All planned public service activities support our high priority needs identified in the 2015-2019 ConPlan. Additional public service funding is set aside to increase existing or new services within the 15% cap.

CDBG-CV: The City previous administer COVID-19 relief Food Program and a Subsistence Payment Program with the use of CDBG-CV funds. The Subsistence Payment Program included emergency rental/mortgage and utility assistance to low-moderate households directly impacted by the Coronavirus Pandemic. Based on previous CV programs the most needed was rental assistance.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.
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Overview of 5-Year ConPlan participation:

As per 24 CFR 91.115, the City of Visalia adopted a Citizens Participation Plan (CPP), as part of the five- year ConPlan process. In FY 2015, and as amended 2018, the CPP describes the citizen participation requirements. The CPP is on file at the City of Visalia, Finance Department, and on the City of Visalia’s website at: www.visalia.city.

To maximize participation in preparing the 2015-2019 ConPlan, the City designed and administered a Community Needs Survey and held Community Forums. The Survey was distributed to residents, workers, service providers, and businesses of the City. The CPP describes the outreach, entities, organizations, or persons that were informed of the ConPlan. Hardcopy surveys were distributed to public housing sites, school districts, health care providers, libraries, and community centers. Surveys were also distributed via email and social media. The City sent emails to 350 different individuals or organizations notifying them of the Survey and providing the dates and times for Community and Stakeholder Forums. It was estimated that 4,559 persons on Facebook and 819 persons on Twitter were reached with information regarding the ConPlan with 214 survey responses received by the City. The City also held three Community Forums, which were attended by a total of 22 individuals, and presented the Consolidated Plan to multiple organizations and advisory boards. 2019 Action Plan Community and Council Feedback:

As part of the annual consultation process, Staff met with committees and reviewed the 5 Yr. ConPlan identified needs serving as the comprehensive strategy, describing the City’s priorities and multi-year goals for use of CDBG and HOME funds from July 1, 2015, through June 30, 2020. Staff then reviewed the current 2018 AP activities, in preparation of the Draft 2019 AP proposed activities. Additionally, the City reached out via-email to the ConPlan list of agencies, and other outreach outlets, presenting the same information, which included a Feedback response form, asking 1) what is their feedback on the proposed goals and activities for the 5th year AP, and 2) what other goals (high priority activities) are needed for low income housing, jobs and/or low income areas, also requesting narrative feedback and represented agency identification.
(IDIS Attachment AP-05 No. 4 (continued - Summary of CPP consultation))

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5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

Comments received during the preparation of the AP, and comments received during the 30-day public comment period are attached (IDIS AD-26) (Attachment “I”). Additional documentation for certification of publishing and confirmation of noticing on various websites, are included under herein AP-05 as attachments "B" and "C".

6. Summary of comments or views not accepted and the reasons for not accepting them All comments or views received during the public participation process are accepted and taken into consideration during the preparation of the AP and CDBG-CV Amendments.

7. Summary
Final Council approval of the activities (Staff report) is included herein. Council approved "Option 1" of the staff report, with final figures reflected in Tables 1 and 2 above under Question No. 2. Included is the 2018 CDBG Minor Amendment as Attachment "K" and the final 2019 Action Plan Minor Amendment with the table of activities and allocated funding.

Minor CDBG Amendment dated 10.28.19. Move $35k from Admin to Community Campus Lot- Park project.

Substantial Amendment 2019 CDBG : move approx. $66k from completed ADA project to another ADA project; Council approved 4.20.20.

CDBG-CV Substantial Amendment I includes two amendments: 1) CDBG-CV PY2019 substantial amendment- Public service activities under the CARES Act funding eligible activities; AND2) 2019 CDBG AP, was amendment to move remaining funds from an ADA activity to another. An amendment through a public hearing process was approved by council on 4-20-20. to re-appropriate approximately $66,683.37, moving from a completed ADA project to an ongoing open ADA project.

CDBG-CV Substantial Amendment II includes $767,987 in CDBG-CV round 1, $739,863 in CDBG-CV round 3, and unspent 2019 CDBG entitlement funds in the amount of $160,137 for a total of $1,667,987 for CDBG-CV projects. The PY 2019 Visalia CARES Act Substantial Amendment II projects consists of food assistance at $425,551, subsistence payments at $1,200,000 and CDBG-CV admin at $42,436, for a total of $1,667,987. Council approved on October 5, 2020.

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency VISALIA
CDBG Administrator VISALIA Finance Department-Housing
Division
HOPWA Administrator
HOME Administrator VISALIA Finance Department- Housing
Division
HOPWA-C Administrator
Table 1 – Responsible Agencies

Narrative (optional)
The City of Visalia (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs. The City’s Finance Department is responsible for administering the funds it receives under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs.

Consolidated Plan Public Contact Information
Margie Perez
Housing Specialist
Finance Department - Housing Division
City of Visalia
707 W. Acequia Avenue
Visalia, CA 93291
[email protected]
559-713-4460

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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City continues to work collaboratively with public officials, City departments, community residents, stakeholders, and beneficiaries of entitlement funds to address the priorities and strategies included in the ConPlan. During the preparation of the 5-year ConPlan, the City facilitated a community outreach and engagement effort to further strengthen the dialogue between public and assisted housing providers and private and governmental health, mental health and service agencies that receive federal funding. The City also held three community forums to prompt a discussion on the City’s top community needs and approaches to address them during the development and adoption of the 2015 ConPlan. These efforts were continued with the preparation of the 2019 Action Plan.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
Specifically related to public and assisted housing providers, private and governmental health, mental health and service agencies, City Staff has been meeting with the County Homeless Task Group, a City Emergency Shelter Task Group, and the Continuum of Care (Homeless Alliance) members. Representation includes county and local government, faith-based organizations, concerned citizens, housing providers, service providers, including mental health, education, employment, and others.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City of Visalia is closely involved with the Kings/Tulare Homeless Alliance (Alliance), which serves as the local Continuum of Care. When possible, the City’s programs are designed to serve homeless persons and are coordinated with the Alliance.

Coordinated efforts and partnerships continue to assist our homeless population, with representatives from SHE, Tulare County Health and Human Services, Tulare County Board of Supervisors, Continuum of Care Alliance, City of Visalia representative and a representative from the Faith based organizations. Current direction includes identifying the need, site, partnerships, and resources for an emergency shelter.

There are several ongoing efforts that the City and Alliance are involved in as collaborative partners. These collaborations include:
• Monthly Alliance Membership Meetings
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• Tulare County Task Force on Homelessness
• Visalia HOPE Team Top Ten Meeting
• Visalia’s recently formed Emergency Shelter Committee (Tulare County Health & Human Service Representative, County Board of Supervisor Amy Shuklian, City Finance-Housing Staff, Assistant City Manager, Faith Based Organization representation and other homeless advocates) • Warming Center Committee
• Bridge Housing Project
Programs/Projects, include:
• St Paul’s Episcopal Church Warming Center
• Visalia Ride-Along Program
• HOME Tenant Based Rental Assistance (TBRA) Program
• CDBG Case Management/Street Outreach
• ECO jobs Program
• Acquisition and Rehab of properties through the City’s Non-Profit Developer All of these projects were designed and implemented through a collaborative effort between the Alliance, its partner agencies and the City of Visalia.

The City also implemented in the past few years- two Case Management/Street Outreach Programs (Housing Successor funded) designed to serve people experiencing homelessness. These program designs were also a collaborative effort between the Alliance, its partner agency, Family Services of Tulare County, and the City of Visalia.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Not applicable. The City of Visalia is not an ESG entitlement area. However, the City supports its local Continuum of Care in its efforts to receive funding toward the needs of our community.

2. Describe Agencies, groups, organizations, and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Housing Authority of Tulare County Agency/Group/Organization Type PHA
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Non-Homeless Special Needs
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
TCHA provided input through the survey, recommending that the city make more funding available for the acquisition and rehabilitation of more affordable housing. THCA was also consulted in preparation of the AP. 248

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2 Agency/Group/Organization Kings/Tulare Counties Continuum of Care Agency/Group/Organization Type Housing
PHA
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Services-Education
Services-Employment
Service-Fair Housing
Services - Victims
Health Agency
Child Welfare Agency
Publicly Funded Institution/System of Care
Other government - County
Other government - Local
Regional organization
Business Leaders
Civic Leaders
Business and Civic Leaders
Continuum of Care
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Consultation provided information; Continued partnership/collaboration through CoC meetings. Survey feedback presented the Conplan High priority needs, 2019 Action Plan through the listserv members who represent all the types of organizations listed above including businesses, concerned citizens advisory committee liaison, and community organizations. The Continuum of Care, and Homeless Task Group meetings and feedback relate to the need for homeless housing. Specifically noted CDBG funding would assist staff to further meet the needs of the chronically homeless community.
3 Agency/Group/Organization City of Visalia- Community Development Agency/Group/Organization Type Housing
Other government - Local
Planning organization
Civic Leaders
Action Plan Review
Grantee Department
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Economic Development
Action Plan
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Consultation to provide information. Planning information included in the Action Plan.
4 Agency/Group/Organization VISALIA
Agency/Group/Organization Type Housing
Other government - Local
Planning organization
Civic Leaders
Action Plan Review- Finance
Grantee Department
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Economic Development
Anti-poverty Strategy
Lead-based Paint Strategy
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Consultation of all activities; uses of both CDBG and HOME funding 251

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5 Agency/Group/Organization Visalia Park & Recreation Commission Agency/Group/Organization Type Other government - Local Planning organization
Civic Leaders
Park & Recreation Commission
Grantee Department
What section of the Plan was addressed by
Consultation?
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Need Survey provided to the Park & Recreation Commission, by the Park & Rec Director. Comments through Jeannie Greenwood, Director Sent: Tuesday, January 8, 2019 10:08 AM: Subject: RE: Public Survey- Needs for use of CDBG & HOME (2019 Action Plan funding) July 1, 2019- June 30, 2020) We discussed potential CDBG projects at the December 18, 2018 Parks and Recreation Commission meeting. Here are their thoughts related to potential projects: Visalia Senior Center - add a shade structure over garden - Riverbend Park, add security lighting- Fairview Park - add security lighting- Summers Park , add modern play/climbing apparatus; security lighting CDBG rules were reviewed with the director regarding other funding for the flooring.
6 Agency/Group/Organization turning Point of Central California Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Persons with HIV/AIDS
Services-homeless
Services-Health
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Needs Survey provided: Staff provided feedback and indicated that the highest priority is to provide services & shelter to homeless population in Visalia, especially sex offenders. TP indicated that they need to house & track them.

Second are drug treatment services, especially sober living homes for addicts completing treatment.
7 Agency/Group/Organization Boys & Girls Club
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Member provided feedback and indicated that the Boys & Girls Club in Visalia’s HVAC system needs major work and at present do not have the funding to complete the work. The Boys & Girls Club serves hundreds of children and youth, ages 6 to 18 each year. Most youth are from disadvantaged circumstances. 8 Agency/Group/Organization Visalia Emergency Aid Council Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-homeless
Services-Health
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
VEAC provided feedback. Infill the many vacant lots in North Visalia with affordable housing giving NPOs like SHE & HFH the opportunity to build SFH or MFH for low-income or transitional homeless families. Need more housing for low-income families that take Section 8. Partner with health agencies like KDHCD or FHCN to provide short term care homes for at risk individuals such as homeless or low income with no support to free up hospital beds and reduce secondary illness from poor postoperative care after release.
9 Agency/Group/Organization Visalia Unified School District Agency/Group/Organization Type Services-Education
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Economic Development
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Need Survey Feedback provided by VUSD Superintendent -Todd Oto: Priorities: 1) Road & Sidewalk repair in neighborhoods with high incidence of low-income housing/families; 2) improvement/expansion of city parks & open space; 3) support for emergency repairs for low-income homeowners. 10 Agency/Group/Organization Bethlehem Center
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Action Plan
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Bethlehem Center staff provided feedback: The proposed goals and activities are great for the community. One goal that we fund here in need of, at the Bethlehem Center, is an open use and access to washing/drying garments. This would fall under the public facility category. Since we currently provide clothing assistance to the homeless, this would help and provide clean clothing on a daily basis 11 Agency/Group/Organization Tulare County Office of Education Agency/Group/Organization Type Services-Education
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Economic Development
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
TCOE Beth Wilshire provided feedback: Affordable Housing Options; Rental assistance for those with poor rental and/or credit history; Emergency and Permanent housing options for homeless youth; Services for homeless youth such as assistance with high school diploma or other options as well as options for job assistance
12 Agency/Group/Organization Citizens Advisory Committee Agency/Group/Organization Type Business Leaders
Liason General Public
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Non-Homeless Special Needs
Economic Development
Anti-poverty Strategy
Lead-based Paint Strategy
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
The CAC acts as a liaison between the general public and City Council concerning community issues. Representatives include business owners, and community at large. Staff presented an overview of the 5-year Plan, high priorities, funding allocations for 2018, and proposed 2019 activities on December 5, 2018, including the Need Survey for their input. The CAC was informed of their options of submitting comments (as a committee) to staff representative of CAC and/or email to Finance staff by the January 18, 2019 deadline. no comments received 13 Agency/Group/Organization Family Services of Tulare County Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Strategy
Action Plan
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Need Survey feedback provided by Family Services of Tulare County: proposed for consideration for increased CDBG funds for existing projects (Tulare Housing First II & Homeless Outreach). These programs are very successful, but funding has not increased significantly in years- FS wants to sustain these crucial projects. 2) A low barrier emergency shelter is a high priority need.
14 Agency/Group/Organization Disability Advocacy Committee Agency/Group/Organization Type Housing
Disabled; General Public
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Disability Advocacy Committee (DAC)advises the City on the needs of disabled people. The committee promotes physical, social, communication and attitudinal access for every citizen of Visalia. Representation includes disabled population, and community at large Staff presented an overview of the 5-year Plan, high priorities, funding allocations for 2018, and proposed 2019 activities and Need Survey for input on December 10, 2018. DAC members noted: that seniors needed repairs for mobile home, along with revisions to policies so that they allow more participation/flexibility. Stated that Staff did not reference additional CDBG funds toward the senior mobile home, when there is a need; indicated they wanted to know who decides where ADA is needed, as the committee recommends that project manager present to DAC locations/projects. Parks need ADA which includes disabled population; Sports park needs ADA sidewalks; Downtown businesses need ramps/updating; Committee agreed that project manager with CDBG funds toward ADA projects should present the proposed areas, locations, projects to the DAC committee to approve, etc.
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15 Agency/Group/Organization Tulare County Health and Human Services Agency Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-homeless
Services-Health
Health Agency
Other government - County
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Need survey feedback provided by Mr. Feliz; Given the overwhelming local need, He submitted that financing the capital expenses of a low barrier emergency shelter should be reflected in the goals of the 2019 Action Plan and CDBG application (public facilities category)
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16 Agency/Group/Organization United Way of Tulare County Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-homeless
Citizen
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homelessness Strategy
Non-Homeless Special Needs
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Need Survey sent via email list serve for input on needs. Rosemary Caso, Executive Directors of United Way is looking for funding for Direct services such as vouchers and assistance.
17 Agency/Group/Organization Augusta Communities
Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Action Plan
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Survey Need input provided feedback: Mooney Grove Affordable Housing Program: Augusta Communities requested funds to support the installation of new modern, high efficiency manufactured homes on vacant home sites in its manufactured housing community located at 26814 S. Mooney Blvd in the City of Visalia for 1) owner-occupied and 2) rental housing for occupancy by low- and moderate-income households. The cost for new modern, high efficiency homes and related improvements varies by size but cost approximately $90,000 - $110,000. Importantly, as compared to older housing stock from traditional housing (single family, apartments, and older mobile and manufactured housing) these homes are highly energy efficient resulting in lower total housing cost to the occupant. Augusta Communities is a 501(c)3 non-profit housing organization created to encourage, preserve, rehabilitate, develop, operate, and maintain decent, safe, sanitary, and affordable housing for low- and moderate-income persons through the acquisition and rehabilitation of manufacturing housing communities. Augusta purchased Mooney Grove manufactured housing community in 2016 with tax exempt financing and the property is encumbered with income and affordability covenants
18 Agency/Group/Organization North Visalia Neighborhood Advisory Committee Agency/Group/Organization Type Housing
Services-homeless
Community Business Owners & members of the community
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Non-Homeless Special Needs
Economic Development
Action Plan
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
North Visalia Neighborhood Advisory committee members serve as a liaison between the City and the North Visalia community. It is a forum for citizen complaints, problems and provides recommendations to the City Council.

Committee includes representation from community advocates, business owners, Proteus, Boy Scouts, Real Estate, property owners. NVAC members submitted Need Survey information by email December 3, 2018. Mr. Huott- Noted ADA curb cut, sidewalk needs, traffic signals/intersection crossing area needs walking path in Oval- Details included in the comment/response document. Mr. Ludekens noted safety crossing at Vine & N Dinuba Blvd; noted efforts by the Gang Intervention Task Force, homeless has become our major challenge and expense; Oval park looks great which City has done much in the oval area; Homeless present the challenge to feed, sleep, care, etc.; businesses around the Oval are impacted as local families will not shop where the homeless are in the area; recommend using the Oval building for a recreation service center; asked if CDBG can be used at Oval Park for programs, tie in with Park & Rec Dept. Further detail included in the comment/response document. Staff presented an overview of the 5-year Plan, high priorities, funding allocations for 2018, and proposed 2019 activities and Need Survey for input January 10, 2019. The North Visalia Advisory Committee Member noted that Manuel Hernandez Center needs lighting; Park & Rec member noted lighting and walkways in eligible parks; ADA curb cuts and walking paths needed; crossing difficult to get through route on Houston in a wheelchair and walking; need of ADA, various locations
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Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-homeless
Services-Health
Health Agency
Other government - County
Other government - Local
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
This group was brought together as a request by City Council in November of 2018 to identify and address the needs of our homeless population, specifically research on the need of an emergency shelter. This group consists of Tulare County Board of Supervisors, Tulare County Health and Human Services, housing, faith-based organization, and other providers. Meetings continue bi-weekly 20 Agency/Group/Organization City of Visalia City Council Agency/Group/Organization Type Civic Leaders
What section of the Plan was addressed by
Consultation?
2019 Action Plan
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Councilman Collins asked that the ADA ramp projects consider including the sidewalk to connect the ramp; noted under neighborhood preservation enhance districts funding projects in the historical area; (i. e teardown houses, improve, clean up); Also something to identify (signage) entering the historic district; earmark rehab/upgrades if needed to the oval building based on proposals for its use; Councilman Poochigian; great report; need more housing for homeless; Councilman Nelson: Additional vouchers and housing; more for low income housing, Not in support of historic; Mayor Link; more in low income housing, homeless housing.

Identify any Agency Types not consulted and provide rationale for not consulting The City did not intentionally exclude any groups from the consultation process choosing to encourage more feedback on the preparation of this Action Plan (AP) utilizing the City’s contact list of agencies created during the 5 Year ConPlan. Many agencies were represented at the various meetings. However, via-email, the City reached out to the agencies listed below and provided the recipients with information that included the ConPlan and AP process, High Priority Needs from the 5-Yr ConPlan, the 2018 AP and proposed 2019 AP activities based on existing commitments and ongoing projects. The power point provided a Feedback response form, asking 1) what is their feedback on the proposed goals and activities for the 5th year (AP), and 2) what other goals (high priority activities) are needed for low-income housing, jobs and/or areas.

They were encouraged to complete the feedback survey, include name, agency, and narrative feedback, and return to incorporate their feedback for Council to review and consider at the February 04, 2019, meeting.

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Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care
Kings/Tulare
Homeless Alliance
(Continuum of Care)
Connecting the Dots is a Ten-Year Plan to prevent and end homelessness in the Kings and Tulare County region. This effort is aligned with the Strategic Plans goal to support activities that prevent and end homelessness.

San Joaquin Valley
Fair Housing and
Equity Assess.

California Coalition
for Rural Housing
The FHEA provides an overview of racial and economic segregation patterns in the City and describes its impact on residential mobility. The report also includes a set of recommendations to promote integration in the City and lessen the negative consequences generated as a result of segregation identified within the report. Both plans focus on supporting and promoting the creation of affordable housing opportunities for LMI and special needs households.

City of Visalia
General Plan Housing
Element
City of Visalia
The Housing Element identifies the housing needs of the community, goals, and objectives to address those needs, and outlines the community’s efforts to pursue specific policies and programs to achieve its goals and objectives. The Strategic Plan supports the Housing Elements plan to ensure that there is an adequate supply of affordable housing to meet the current and future needs of the population.

Analysis of
Impediments to Fair
Housing (AI)
City of Visalia
The AI provides an overview of laws, regulations, conditions, and other possible obstacles that affect an individuals or households access to housing in the City. It also serves as a blueprint to guide future fair housing planning and resource allocation and is meant to provide meaningful information to policymakers, housing advocates, providers, and lenders in their effort to build and support fair housing policies and practices. The City is contracted with the Fair Housing Council of Central California to provide services including education and testing
Table 3 – Other local / regional / federal planning efforts Narrative (optional)
The types of additional agencies were; Businesses, Educational Services, groups and organizations, employment service providers, Fair Housing Services, Health Service and Domestic violence service providers, service providers for children and elderly persons, other advisory, veterans and 264

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concerned citizens, as well as faith based organizations. The following additional providers were sent notice and information via-email encouraging feedback on preparing the AP and Amendment activities form:
• Businesses: Downtown Visalians, Hispanic and Visalia Chamber of Commerce, Fresno State Small Business Development Center, Tulare County Economic Development, Commercial Retail Associates, Zeeb Commercial Real Estate • Educational service agencies, groups,& organizations, Owens Valley Career Development Center, Tulare County Office of Vocational Education, Tulare County Superintendent of Schools, Visalia Unified School District, Visalia Adult School. • Employment service providers: Workforce Investment Board of Tulare County, Proteus, Community Services Employment Training • Fair housing service - Central California Legal Services, California Coalition for Rural Housing • Health service and domestic violence service providers: Central Valley Regional Center, EMQ Families First, Family Health Care Network, Kaweah Delta – The Bridge Point Project, NAMI Tulare County, Synchrony of Visalia, Inc. Family Services of Tulare County, and Central Cal. Family Crisis Center.
• Housing and Homeless Service providers: Self Help Enterprises, Turning Point, Tulare County Housing Authority, Kingsview, Kings Community Action Organization, Visalia Rescue Mission, Christian Church Homes, Habitat for Humanity, and Family Services • Service providers for children and elderly persons :Kings/Tulare Area Agency on Aging,– Adult Protective Services, Evergreen Residence Assisted Living, Aspiranet, Boys & Girls Club, Salvation Army, • Veterans, Westcare, American Indian Advisory Committee, Veterans Administration, Champions Recovery, Citizens Advisory Committee, North Visalia Advisory Committee, Disability Advocacy Committee, Historic Preservation Committee, and City Council, Tulare County • Faith-based organizations: Abounding Grace, Ambassadors of Christ, Bethel Spanish Assembly, Bethlehem Center, Calvary Baptist Church, Calvary Chapel, Calvary Worship Center, Catholic Charities, Catholic Churches of Visalia, Christ Lutheran, Church of Jesus Christ of Latter-Day, Congregation Beit Shalom, Congregation B’Nai Davis, Crossway Church, Destiny Church, Disciples of Christ Visalia, Faith Baptist Church of Visalia, Family Life, Fellow of Hope, First Christian Church, First Free Will Baptist Church, First Presbyterian Church, Gateway Church of Visalia, Grace Lutheran Church, Hands in the Community, Heart of the Valley Christian Fellowship, Iglesia Centro Alabanza, Kings Gospel Mission, Life Christian Faith Fellowship, Neighborhood Church, Parkside Chapel, Pentecostal Lighthouse, Poverello house, Praise Center, Presbytery of San Joaquin, Radiant Church, Religious Science Church, Sequoia Baptist Church, Seventh- Day Adventist Church, Sierra Baptist, Spiritual Awareness Center, St. Paul Episcopal Church, Stone Ministries Inc., The Warehouse, Trinity United Reformed Church, Unitarian Universalist Fellowship of Visalia, Universal Church, Valley Bible Church, Victory Outreach Church, Visalia Buddhist Church, Visalia Community Church of Christ, Visalia Evangelical Free Church, Visalia First, Visalia First Christian Reformed Church, Visalia Nazarene Church, Visalia New Life Church, Visalia Methodist Church 265

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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal setting

The City of Visalia encourages residents, public service organizations, and other interested parties to participate in the development of the Five Year ConPlan and Annual Action Plan (AP) by attending public meetings and public hearings held at various stages of the plan development. A Outreach for input on the development of the Plan impacts the goals for the year, however, the 5 year SP is considered as well as the highest priority needs. A Based upon the input received by the community and council, high priorities were identified as public improvements, public facilities, homeless programs, public service programs, TBRA, and affordable housing projects and programs.

This year, the City’s Facebook, twitter, e-newsletter distribution, community meetings, and surveys reached, or hits were approximately 18,724.

Approximately 82 comments were received between committees, citizens, and entities. The Continuum of Care list serve reached approximately-316 people. Various committee members attended meetings in which the plan was presented for feedback. Staff provided an overview of the 5-year ConPlan, high priorities, review of current year AP, and proposed activities for the 2019 AP. The four (4) community meetings including one (1) City Council work session meeting, which was also held to obtain feedback in the development of the Draft Action Plan.

These committee meetings were:
• CAC on December 5, 2018
• DAC on December 10, 2018
• NVNAC on January 10, 2019
• City Council Work Session on February 04, 2019
On February 21, 2019, the 2019 AP public notice was published in the Visalia Times Delta Legal Section and in the VTD Weekly on March 20, 2019, in English and Spanish. The notice included a summary of the proposed activities, opportunities to attend a community or council meeting, with the meeting dates, time and locations and the comment period from February 21, 2019, through March 22, 2019. These meetings were:
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• CAC on March 06, 2019
• DAC on March 11, 2019
• NVNAC on March 14, 2019
• City Council Public Hearing on April 15, 2019
To seek additional opportunities for comments and participation in the meetings, the notice was posted as per the requirements of the CPP and posted on the City’s website, Facebook and Twitter, list serve, public library, city office locations, as well as non-profit distribution on the notice.

The draft AP, notice of meetings reached approximately 22, 111 people during the 30-day comment period. The AP was available in the Finance office, located at (707 West Acequia), Community Development office, located at (315 East Acequia); City Manager Administrative office, located at (220 North Santa Fe Street), Visalia and Tulare County public library in Visalia.

CARES Act Amendment I: CDBG-CV PY19 Amendment I Public Hearing May 18, 2020; CPP Amended; HOME and CDBG Waivers approved, to Prevent, prepare for, and respond to coronavirus.

CARES Act Amendment II: The PY 2019 CARES Act Amendment II 5-day public comment period took place from October 1 - 5, 2020. PY 2019 CARES Act Substantial Amendment II Public Hearing took place on October 5, 2020, at 7:00pm to at the Visalia Convention Center. Additional information is available under AD-26 Citizen Participation Attachment A.

CARES Act Amendment III: The PY 2019 CARES Act Amendment III public comment period took place from August 5 - 15, 2022. A public notice was published in the Visalia Times Delta on August 5, 2022, in English and Spanish. PY 2019 CARES Act Amendment III Public Hearing is scheduled for August 15, 2022, at 7:00pm.

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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Community
Meeting
Non-
targeted/broad
community

Citizens Advisory
Committee (CAC)
A total of 15 people,
not including City
Staff attended the
meeting/information
session on December
5, 2018. Staff
presented an
overview of the
ConPlan process as a
refresher, the Action
Plan goals, project
and programs;
proposed activities
Staff presented an
overview of the
ConPlan process as a
refresher, the Action
Plan goals, project
and programs;
proposed activities
and amendments
Information taken
in by the
committee. No
comments
announced as a
committee after
the presentation.

CAC members were
notified of options
of submitting
comments (i.e., To
CAC staff rep or
email to Finance by
Jan 18th deadline.

No comment or
question was declined
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
2 Community
Meeting
Persons with
disabilities

Disability Advocacy
Committee
A total of 6 people
plus staff, were
present at the
December 10, 2018,
DAC meeting. Staff
presented an
overview of the
ConPlan process as a
refresher, the 2019
Action Plan goals,
project and
programs. Requested
input on needs
Members felt that
senior needed
repairs for mobile
homes, revisions to
the policies, ADA
needs, such as
sidewalks, sports
park, downtown
businesses, and
proposed areas;
and recommended
project managers
present ADA needs
within parks to
committee.

No comment or
question is declined
3 Community
Meeting
Non-
targeted/broad
community

Park & Recreation
Commission
presented by Rec
Director
Director presented
the survey to the
Park & Rec
commission during
their regulation
scheduled meeting-
December 18, 2018.
5 members
Jeannie Greenwood
Public Survey-
Needs for 2019 AP
funds 07-01-19
discussed potential
CDBG projects.
commission noted
potential projects:

No comments or
question is declined
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4 Community
Meeting
Non-
targeted/broad
community

North Visalia
Neighborhood
Advisory
Committee
(NVNAC)
14 members and
guests attended

01.10.19. Staff
presented overview
of the ConPlan
process the Action
Plan goals, projects
and programs.

Requested input on
needs
Noted ADA curb
cut, sidewalk
needs, traffic
signals/intersection
crossing area needs
walking path in
Oval-Mr. Ludekens
noted safety
crossing at Vine &
N Dinuba Blvd;
asked if CDBG can
be used at Oval
Park for programs,
tie in with Park &
Rec Dept. Further
detail included in
the
comment/response
document.

Member noted
Manuel Hernandez
Center needs
lighting; Park & Rec
member noted
lighting and
walkways in eligible
parks; ADA curb
cuts and walking
paths needed;
No comment or
question is declined
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
crossing difficult to
get through route
on Houston in a
wheelchair and
walking; need of
ADA, various
locations
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5 Tulare Kings
Alliance
(Continuum of
Care) website,
tweet, Facebook
Minorities

Non-English
Speaking - Specify
other language:

Spanish

Persons with
disabilities

Visalia Homeless
The COC reaches over
316 people posted on
December 4, 2018 list
serve, Information
survey for input was
sent to various
housing, faith based,
health, mental
health, victims of
domestic violence,
homeless, business,
veterans, children,
education and other
services,
organizations locally,
regionally, including
county and city
Noted by a
member- a credible
job of providing
housing for people
in need who are
willing and able to
conform to basic
rules and
requirements;
where we are
woefully lacking is
dealing with people
who fall in the
following
categories:

Homeless that do
not want to live in
conventional
housing; Homeless
that are mentally
ill; Homeless that
have dependency
issues. Does the
City have any
programs pending
that deal with this
difficult homeless
segment
No comment or
question is declined
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6 Public Meeting
Non-English
Speaking - Specify
other language:

Spanish

Non-
targeted/broad
community

City Council Work
session- public
meeting
City Council (four (4)
Councilmembers in
attendance) Work
Session held on
February 04, 2019, to
review community
comments, requests,
review and confirm
Councils direction for
the 2019 Action Plan
projects and program
focus.

Councilman Collins
asked that the ADA
ramp projects
include the
sidewalk to connect
the ramp; noted
under
neighborhood
preservation
enhance districts
funding projects in
the historical area;
(i.e., teardown
houses, improve,
clean up); Also
something to
identify (signage)
entering the
historic district;
earmark
rehab/upgrades if
needed to the oval
building based on
proposals for its
use. Councilman
Poochigian; great
report; need more
housing for
homeless;
Questions were
answered in as much
detail as possible. No
comment or question
was declined

273

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
Councilman Nelson:

Additional vouchers
and housing; more
for low-income
housing, Not in
support of historic;
Mayor Link; more
in low income
housing, homeless
housing
274

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
7 Internet Outreach
Minorities

Non-
targeted/broad
community

email, tweet,
Facebook, city
website
Survey- notice for
feedback was
tweeted, Facebook,
city inside news
reached 18,373
people Responses
from community at
large, and various
housing, faith based,
health, mental
health, victims of
domestic violence,
homeless, business,
veterans, children,
education and other
services,
organizations locally,
regionally, including
county.

Overview of the
comments
received, are noted
within the City
Council Report
Work session public
meeting on
February 4, 2019.

High priorities
identified are
Homeless Housing,
Homeless Services,
ADA compliance
public
improvements,
park
improvements,
other public
improvements,
affordable housing,
homeowner
rehabilitation
programs and
other.

No comment or
question is declined
275

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2019
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
8 Newspaper Ad
Minorities

Non-English
Speaking - Specify
other language:

Spanish

Non-
targeted/broad
community

all residents of
Visalia
Public notice 2019
Action Plan published
on February 21, 2019,
in the Visalia Times
Delta (VTD) Legal
section in English and
Spanish which
reaches 7,200
people/subscribers
Comments included
as Attachment I
Noted comments
relate to Public
Facilities, homeless
needs, housing
rehabilitation
needs, ADA, Parks
and other
no comments received
to date; no comment
would be denied

9 Newspaper Ad
Minorities

Non-English
Speaking - Specify
other language:

Spanish

Non-
targeted/broad
community

weekly
Public notice 2019
Action Plan was
published on March
20, 2019, in the
Visalia Times Delta
Weekly Wednesday
paper in English and
Spanish. provided to
all residents of
Visalia, which reach
7,200 people
Comments included
as Attachment I
Noted comments
relate to Public
Facilities, homeless
needs, housing
rehabilitation
needs, ADA, Parks
and other
No comments received
to date; No comment
would be declined

276

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
10 Continuum of
Care website &
email List
publishing
Non-
targeted/broad
community

Homeless
Advocacy
Public Notice 2019
Action Plan posted on
website for 30-day
comment
no comments
received no comments declined
11 City of Visalia
Website posting
Non-
targeted/broad
community
Public Notice 2019
Action Plan
posted/published on
City website on from
February 21, 2019
through March 22,
2019 Posted on City
of Visalia website;
Reached 2,090 views
Comments included
as Attachment I
Noted comments
relate to public
facility, homeless
needs, ADA,
affordable housing,
parks, traffic, other
no comments are
declined.
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
12 City Twitter,
Facebook,
Newsletter, Inside
City Hall
Non-
targeted/broad
community
Public Notice 2019
Action Plan
posted/published on
City website on
February 21, 2019
through March 22,
2019 A total of 7,681
people were reached:

The notice was
posted on City of
Visalia Twitter;
Reached 2 followers;
Facebook reached
2,689; newsletter
reached 2,900, and
news item reached
2,090
Comments included
as Attachment I.

Noted comments
relate to public
facility, homeless
needs, ADA,
affordable housing,
Parks
improvements,
public
improvements such
as crosswalk, traffic
lights/signs
No comments declined
278

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
13 Public Meeting
Non-
targeted/broad
community

Citizens Advisory
Committee
Community Meeting
with Citizens Advisory
Committee to be held
on March 06, 2019
(during 30-day public
comment period) 10
people were in
attendance.

Comments included
as Attachment I
Noted comments
relate to public
facility, homeless
needs, ADA
Improvements,
parks. The
Committee voted
that the ADA
project should be
completed, then
remainder funding
to ES as seed
money; if CoC does
not award their
funding toward an
ES to a developer,
then recommend
that the remaining
CDBG be redirected
toward the public
improvements.
(motion was made)
Questions are
answered in as much
detail as possible. No
comment or question
is declined

279

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14 Public Meeting
Persons with
disabilities

Disability Advocacy
Committee April 9
Community Meeting
with Disability
Advocacy to be held
on March 11,
2019(during 30-day
public noticing
period) 10 people
were in attendance.

Noted comments
related to public
facilities, homeless
needs, ADA, Parks,
Senior Mobile
Home assistance.

Overall, Committee
made a motion to
accept staff
recommendation to
complete ADA
Improvements, any
additional funds be
directed to public
facilities for an
emergency shelter,
with the addition of
Staff's
recommendation to
redirect any
remaining funds to
ADA, Parks &
Senior Center if
Continuum of Care
funds are not
awarded to a non-
profit for the
development of the
shelter.

Questions are
answered in as much
detail as possible. No
comment or question
is declined

280

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15 Public Meeting
North Visalia
Neighborhood
Committee April
12 Community Meeting
with North Visalia
Neighborhood
Advisory Committee
to be held on March
14, 2019 (during 30-
day public noticing
period).

Approximately 10
people were in
attendance including
staff: No quorum
Comments included
as Attachment I.

Noted no emphasis
on traffic lighting,
street
improvements and
safety to the oval
area; funding was
not included as a
recommended
activity; oval
sidewalk not
considered; safety
of children
including safe
routes to school are
not considered.

Staff noted that
overall comments
are considered, and
the highest
priorities are
included for
recommendation.

Also noted that
funding for this
purpose is available
from other grant
programs.

Questions are
answered in as much
detail as possible. No
comment or question
is declined

281

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
16 Public Hearing
Minorities

Non-English
Speaking - Specify
other language:

Spanish

Non-
targeted/broad
community

City Council
All comments
included in the AD-25
citizen participation -
Attachment A.

City Council
approved Option 1
activities, including
the CDBG Minor
Amendment J, and
as noted within the
Staff report. See
attached council
report of 4-15-19
Attachment "H"
are answered in as
much detail as
possible. No comment
or question is declined

17 Newspaper Ad
Minorities

Non-English
Speaking - Specify
other language:

Spanish

Non-
targeted/broad
community

all residents of
Visalia
Public notice for 2019
AP Amendment-
CDBG-CV, 2019 CPP
Amend, HOME &
CDBG Waivers; 2020
AP Amend, 2020 CPP
Amend, in the Visalia
Times Delta (VTD)
Legal section in
English and Spanish
which reaches
approximately 7000
people/subscribers.

No comments
referenced as being
received through
the newspaper. all
comments included
in the AD-25 citizen
participation -
attachments.
all comments
accepted. no
comments or question
is declined.

282

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
18 Internet Outreach
Minorities

Non-English
Speaking - Specify
other language:

Spanish

Non-
targeted/broad
community

email, tweet,
Facebook, city
website
Public notice for 2019
AP Amendment-
CDBG-CV, 2019 CPP
Amend, HOME &
CDBG Waivers; 2020
AP Amend, 2020 CPP
Amend, on the City
website, twitter,
Instagram, Facebook
in English and
Spanish
all comments
included in the AD-
25 citizen
participation -
attachments.
no comments or
question is declined.
283

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
19 Survey- CDBG -CV
Minorities

Non-English
Speaking - Specify
other language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community
Survey - requesting
identified needs-
eligible uses of CDBG-
CV. Included notice
regarding 2019 AP
Amend, 2019 CPP
Amend, HOME &
CDBG Waivers; 2020
AP Amend, 2020 CPP
Amend, on the City
website, twitter,
Instagram, Facebook
in English and
Spanish
resulted in 709
responses- all
comments included
in the AD-25 citizen
participation -
attachments.
no comments or
question is declined.
284

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
20 Public Hearing
Minorities

Non-English
Speaking - Specify
other language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community
Public hearing for the
recommended
eligible uses of CDBG-
CV. Included 2019 AP
Amend, 2019 CPP
Amend, HOME &
CDBG Waivers; 2020
AP Amend, 2020 CPP
Amend. Meeting
online Facebook,
zoom, and open to
the public -held at
the convention
center as per 6-foot
distance
requirements.
all comments
included in the AD-
25 citizens
participation -
attachments -
noted as
"Attachment B"
no comment or
question is declined.
285

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2019
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
21 Newspaper Ad
Non-
targeted/broad
community
Public notice for PY
2019 Visalia CARES
Act Substantial
Amendment II was
published in the
Visalia Times Delta
(VTD) Legal section
on October 1, 2020,
in English and
Spanish which
reaches
approximately 7000
people/subscribers.

All comments
included in the AD-
25 citizen
participation -
Attachment A.

All comments were
accepted.
286

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2019
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
22 Kings/Tulare
Homeless Alliance
Listserv
Non-
targeted/broad
community
The COC reaches over
325 people posted on
October 1, 2020, list
serve, Information
survey for input was
sent to various
housing, faith based,
health, mental
health, victims of
domestic violence,
homeless, business,
veterans, children,
education and other
services,
organizations locally,
regionally, including
county and city
All comments
included in the AD-
25 citizen
participation -
Attachment A.

All comments were
accepted.
23 Internet Outreach
Non-
targeted/broad
community
Public notice for PY
2019 Visalia CARES
Act Substantial
Amendment II was
posted on the City of
Visalia website from
October 1 - October
5, 2020, for public
review and comment.

All comments
included in the AD-
25 citizen
participation -
Attachment A.

All comments were
accepted.
287

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2019
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
24 Community
Survey
Non-English
Speaking - Specify
other language:

Spanish

Non-
targeted/broad
community

all Visalia residents
During July 2022, 249
various individuals
completed a public
input community
survey to determine
which CDBG-CV
eligible programs are
most needed.

The highest
identified need was
rental assistance at
33%, business
assistance at 22%,
and food assistance
at 20%.

All comments were
accepted.
25 Public Meeting
Non-
targeted/broad
community

all Visalia residents
City Council Work
Session on August 1,
2022 to received
Council input on the
use of CDBG-CV
reallocation funds.

All comments
included in the AD-
25 citizen
participation -
Attachment A.

All comments were
accepted.
26 Newspaper Ad
Non-English
Speaking - Specify
other language:

Spanish

Non-
targeted/broad
community

all Visalia residents
Public notice
published in the
Visalia Times Delta
(VTD) legal section in
English and Spanish
on August 5, 2022.

All comments
included in the AD-
25 citizen
participation -
Attachment A.

All comments were
accepted.
288

Annual Action Plan
2019
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
27 Public Hearing
Non-
targeted/broad
community

all Visalia residents
City Council Public
Hearing held on
August 15, 2022.

All comments
included in the AD-
25 citizen
participation -
Attachment A.

All comments were
accepted.

Table 4 – Citizen Participation Outreach
289

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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
HOME funds would generally be used for multifamily new construction, scattered site acquisition/rehab of existing rental and ownership properties through the City’s certified Community Housing Development Organization (CHDO), down payment assistance and tenant-based rental assistance.

The CDBG activities identified for the same term are public improvements-ADA walkways, public improvements or facilities including acquisition and/or construction of homeless shelter, bridge housing, public services, including fair housing, a voucher program, case management and street outreach, code enforcement, and the owner-occupied emergency repair and accessibility program.

In FY 2019, Visalia will fund activities in furtherance of the objectives and priorities identified in the Strategic Plan with the outcome of improving availability, accessibility, affordability, and sustainability through activities which benefit the community. The activities will support at least one objective and one outcome.

For Fiscal Year (FY) 2019-2020, the City received total of $1,323,669, in CDBG grant funds, to allocate towards activities. The estimated CDBG Program Income (PI) to be received is $75,000.

The CDBG carryover balance, including PI approved through the previous year action plan and/or amendments is allocated toward existing projects. Any increase or decrease in the actual 2019 CDBG grant, and PI were noted to be directed toward the CDBG ADA projects and any necessary or applicable adjustment to the public service to comply with the 15% cap.

The City received a total of $529,332 in HOME grant funds eligible to allocate toward activities and estimates that it will receive $350,000 in HOME PI. The HOME carryover balance, including PI approved through the previous year AP and/or Amendments, will be allocated toward existing projects including SHE-CHDO Acq Rehab single and multi-family projects, Admin & TBRA. Any increase or decrease in the actual 2019 HOME grant and PI were noted to be directed toward the HOME CHDO SHE Acq/Rehab SF/MF projects. The City Manager has the authority to 290

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direct any PI received in excess of $315,000 toward TBRA or SHE- CHDO.

In the event final CDBG and HOME PI is higher or lower than expected herein, the City of Visalia may add, subtract, or transfer amounts among identified projects, as noted without publishing a substantial amendment, if the amount is below 75% change, as per the approved CPP. By Council approving the proposed AP, it includes appropriating funding, and authorizing the City Manager to make necessary changes. Any difference (increase or decrease) in CDBG funding will be reflected in public infrastructure/ADA project line item; and used, if necessary, to maintain public services within the 15% cap. Any difference (increase or decrease) in HOME funding will be reflected in SHE CHDO Acq/Rehab/new construction/reconstruction SF or MF project activities and/or the TBRA program.

Currently, the City is not eligible to receive direct funding under the Emergency Solutions Grant (ESG) or Housing Opportunities for Persons with AIDS (HOPWA) – which are also programs covered under the ConPlan Regulations.

CDBG-CV- to prevent, prepare for, and respond to coronavirus. 291

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Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
1,323,669 75,000 0 1,398,669 0
CDBG funds shall be used toward eligible
projects and programs, such as housing,
public services, including case
management, street outreach, public
improvements, public facilities,
acquisition and/or construction, rehab,
ADA sidewalks, paths, neighborhood
preservation, Code Enforcement, and
administration. This is the last year of the
5-year plan. Actual grant and estimated
PI referenced herein
292

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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction for
ownership
TBRA 529,332 350,000 0 879,332 0
HOME funds shall be used toward
eligible housing projects and programs,
including CHDO activities (acq/rehab,
new construction, SFR/MF, TBRA, Down
Payment and Administration This is the
last year of the 5-year plan. Actual grant
and estimated PI referenced herein
Other public -
federal
Other
1,799,449 0 0 1,799,449 0
CDBG-CV funding to prevent, prepare
for, and respond to coronavirus.

Table 5 - Expected Resources – Priority Table

Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied
The City continues to prioritize the needs of the community. This year, $30,575 in CDBG funding will be utilized as matching the Shelter Plus Grant (SPG) through The Alliance, and institutional delivery funds in partnership with Family Services toward the Voucher program. These funds continue to help up to 14 homeless families in the City. 293

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Code Enforcement staff anticipates working with non-profit agencies in outreach to the homeless in our community and addressing code violations such as substandard housing. The City also contributes CDBG funds toward the Alliance and promotes increased collaboration among housing, service and faith-based organizations.

Visalia’s HOME matching requirements will be satisfied again this year with the use of prior year rollover of Redevelopment Low Mod funding, now known as the Housing Asset Fund. Additionally, as HOME projects are completed, the specific projects, and match, will be referenced on the HOME Match Report within the CAPER. As reflected in the HOME Match report submitted with last years (2017) CAPER, the City has substantial excess match carried over to the next fiscal year ($5,347,241.88).

The City continues to partner with its local non-profit developers for affordable housing activities, which may provide sweat equity and non- federal resources.

Below is a list of potential financial resources considered a part of the City’s overall financial plan to address priority needs and specific objectives identified in the ConPlan. The number and availability of these programs to assist cities is limited, and funding for new projects is unpredictable. The following programs are local, state, and federal programs. None of these are managed locally by the City through funds accessed directly from HUD.
• Housing Authority of the County of Tulare (HACT): The HACT is a public housing authority (PHA) with jurisdiction within the City of Visalia and the County of Tulare. It administers federal and state funds for its public housing projects and government-assisted housing units such as the Section 8 Rent Subsidy.
• Low-Income Housing Tax Credit Program (LIHTC): The LIHTC program provides for federal and state tax credits for private developers and investors who agree to set aside all or an established percentage of their rental units for low-income households for no less than 30 years. Tax credits may also be utilized on rehabilitation projects, contributing to the preservation program. The program begins when developers and investors apply for an allocation of tax credits from the California Tax Credit Allocation Committee (CTCAC). Tax credits are awarded on a competitive basis at varying times. Compliance is monitored according to Internal Revenue Service (IRS) rules and regulations.
• Multi-Family Housing Program (MHP): If California’s Housing and Community Development Department awards Multi-Family Housing Program loans to assist rental housing developments affordable to low-income households in the City of Visalia, the City will assist the developers with identifying local funding. The City will also continue to look for other grant opportunities. 294

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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan As the Housing Successor Agency of the former Redevelopment Agency (RDA), the City is working towards the development and disposition of the RDA’s low/mod properties. The City published a request for interest which resulted in a proposal from Self Help enterprises, for the development and disposition of these properties as single family homes, which will be sold to income qualifying households. The Use of HOME CHDO funding shall be utilized toward construction on NW 5th. The Housing Asset funding received shall also be utilized toward single and multi-family development.

With the elimination of the City's Redevelopment Agency (RDA), the City has become the Successor Agency and continues to move forward on the next steps related to previously owned RDA land.

Discussion
The City continues to manage funding and activities with its non-profit partners, including SHE, Inc., as a CHDO. With the rule change, each year's grant funds will be tracked by the year. PJ’s must commit the identified amount of funds (PI included first) in its local HOME account before committing the appropriated HOME grant. With the change of PI being required to be committed to a specific project at the time received, and drawn first, due to the success of recycling of HOME funds, and CDBG loan repayment, it continues to be a challenge to spend each year's entitlement funds fully, putting future funds in jeopardy. The City will continue, however to work with its partners and successful projects to keep funding moving to improve areas of need.

PY 19 CDBG-CV funds are required to be used to prevent, prepare for, and respond to the Coronavirus Pandemic.

295

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Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Affordable
Housing
2015 2020 Affordable
Housing
Visalia
2015 16 17
CDBG
Target Area
Affordable Housing HOME:
$791,398
Rental units constructed: 1
Household Housing Unit
Rental units rehabilitated: 1
Household Housing Unit
Direct Financial Assistance to
Homebuyers: 2 Households
Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
2 Suitable Living
Environment
2015 2020 Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Code
Enforcement
Visalia
2015 16 17
CDBG
Target Area
Affordable Housing
Public
Srv/Fclty/Imprvt,
Park
Imprvt,Nghbrhd
Presv
CDBG:
$1,117,055
HOME: $0
CDBG-CV:
$1,917,150
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 24,226 Persons Assisted
Public service activities other
than Low/Moderate Income
Housing Benefit: 535 Persons
Assisted
Public service activities for
Low/Moderate Income Housing
Benefit: 13 Households Assisted
Homeowner Housing
Rehabilitated: 2 Household
Housing Unit
Homelessness Prevention: 216
Persons Assisted
Housing for Homeless added: 1
Household Housing Unit
Housing Code
Enforcement/Foreclosed
Property Care: 200 Household
Housing Unit
Other: 38 Other
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
3 Program
administration,
planning and
management
2015 2020 Non-Housing
Community
Development
Administration,
Planning &
Management
Visalia Program
administration,
planning and
management
CDBG:
$121,478
HOME:
$87,933
CDBG-CV:
$42,436
Other: 2 Other
Table 6 – Goals Summary

Goal Descriptions

1 Goal Name Affordable Housing
Goal
Description
Affordable Housing- Creation and preservation of decent affordable housing. Self Help Enterprises, Inc. (SHE) Certified Housing Development Organization (CHDO)
2 Goal Name Suitable Living Environment
Goal
Description
Suitable Living Environment through Public facilities (i.e., Public facility- Garden- Bridge housing); Public Improvements (i.e., ADA and Park Improvements); Public Services through Continuum of Care (Alliance), Family Services, Fair Housing programs and new experienced non-profit service providers; Emergency Repair Program, Code Enforcement efforts, and tenant based rental assistance, housing for homeless, and case management.

Public service activity includes PY 2019 CARES Act- CDBG-CV funding toward public services to prevent, prepare for, and respond to coronavirus.
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3 Goal Name Program administration, planning and management Goal
Description
Program Administration, planning and management.

PY 2019 CDBG-CV - administration to prevent, prepare for, and respond to the coronavirus.

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Projects
AP-35 Projects – 91.220(d)
Introduction
The four Consolidated Plan goals below represent high priority needs for the City of Visalia (City) and serve as the basis for the strategic actions the City will use to meet these needs. Based on the Needs Assessment, Market Analysis, and community outreach conducted for the current Consolidated Plan cycle, the goals from the previous Consolidated Plan were found to still be consistent with current needs.
• Creation and preservation of decent affordable housing • Provide a suitable living environment
• Promote economic opportunity
• Program administration, planning, and management
Additional priority included through 2019 Amendment- Care Act- CDBG-CV funding, to prevent, prepare for, and respond to coronavirus.

Reasons for allocation priorities:

As opportunities arise, the City investigates grant opportunities, which assist in addressing the obstacles in meeting the needs of underserved populations. The City will continue focusing a portion of housing related funding in targeted low-income neighborhoods. However, based on the widespread need for affordable housing including at-risk of homelessness, assistance will be available citywide.

The City has provided HOME CHDO funds to Self-Help Enterprises, Inc. (SHE), the City’s Certified CHDO, for acquisition/rehabilitation Projects. The projects allow acquisition of voluntary or foreclosed, including vacant and infill, properties for single family homes, which will be rehabilitated and resold to income qualifying households, and acquisition, rehabilitation, and rental of multi-family units. SHE has been successful with both single and multifamily properties since 2015. Therefore, funding towards SHE, as a CHDO, will continue to assist with increasing homeownership, rental assistance, including housing for our homeless population, by creating and preserving affordable housing. SHE will be utilizing and recycling HOME dollars toward construction of five (5) single family homes on NW 5th. SHE will also continue to evaluate multi-family existing units and/or land for new construction. Multi-family properties would provide rental housing for low and very low-income tenants. SHE also partners with local non-profit service providers for tenants who are homeless or at-risk of homelessness.

See continued reasons below.
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Projects
# Project Name
1 HOME Administration & Planning
2 SHE-CHDO Scattered Site Acq-Rehab-Sell -Single Family 3 SHE-CHDO Multi Family Acq-Rehab-Rent
4 Tenant Based Rental Assistance (PI)
5 CDBG Administration & Planning
6 Case Management Street Outreach- FS
7 Emergency Repair & Accessible Program
8 Continuum of Care Support
9 Voucher Program- Family Services
10 ADA Compliance- Public Improvements
11 Public Infrastructure Improvements
12 Shelter
13 Park Improvements
14 Code Enforcement
15 Fair Housing Education
16 Homeless Bridge Housing Public Services
17 CARES Act- PY19 CDBG-CV Public Services
18 CARES Act CDBG-CV Administration
Table 7 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
Continued Answer from above- Reasons:

The Tenant Based Rental Assistance (TBRA) program is contracted with Family Services of Tulare County. The HOME-TBRA Program provides rental assistance for a period of eighteen months (18) and allows extensions through a re-application process. No more than 24 months of assistance is allowed. We continue to anticipate assisting approximately 8 to 16 households with previous year funding. We currently have five (5) participants, and additional applications under review. The program continues to prove successful with the potential for program income directed to this program. Supportive services will also be available to the tenants through Housing Successor funding. Annually Staff has evaluated the Fair Market Rent (FMR) and obtained an annual Rent Comparability Market Study (RCMS) for use as the Rent Standard. The TBRA program continues to utilize the RCMS as the Rent Standard.

The City also contracted with Family Services of Tulare County to provide case management/street outreach, with the use of CDBG funding. This program has been successful and will continue to provide needed services for our homeless population. Funding is recommended again this year to increase 301

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access to services for our homeless population.

The use of the remaining Neighborhood Stabilization Program (NSP) program income funding was recently redirected toward a Public Facility activity. Once underwriting of a project is completed, the City will move forward to finalize funding and agreements. The project funding may also include CDBG and other funding sources through the “Alliance”.

The City’s Analysis of Impediments to Fair Housing Choice (AI) provides an overview of laws, regulations, conditions, and other possible obstacles that affect an individuals or households access to housing in the City. The City has contracted with Fair Housing Council of Central California (FHCCC), a non-profit fair housing provider, for services related to education, research analysis and other services that may assist in educating the public. Educational workshops occur annually for Fair Housing and ADA accessibility.

FHCC will be conducting testing for the upcoming new Consolidated Plan and Analysis of Impediments in 2020.

CDBG Funding was previously directed toward the Senior Mobile Home Repair Program (SMHRP), therefore, this year, the Emergency Repair and Accessibility Program (ERAP) is recommended for funding. Policy development and an Administrator will be selected, thereafter, bringing the ERAP program online.

Additional ADA- Public improvement funding is needed to complete the current project. Other Public improvements include a public facility, infrastructure improvements toward an emergency shelter and/or bridge housing project for the homeless population. Improvements may include seed money or gap financing toward acquisition and/or construction, and/or rehabilitation. Other public Park improvements include security lighting in three eligible parks (Summers, Riverbend, Fairview; Summers Park Climbing Apparatus, Senior Center Shade Cover, Oval Bench and Walking Path, in order of available funding as referenced within the Council Approval on April 15, 2019.

Under the Care Act, CDBG-CV funding eligible uses include public services, to prevent, prepare for, and respond to coronavirus.

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AP-38 Project Summary
Project Summary Information
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1 Project Name HOME Administration & Planning
Target Area Visalia
Goals Supported Program administration, planning and management Needs Addressed Program administration, planning and management Funding HOME: $87,933
Description Planning, administration, management, monitoring, and oversight of HOME funds.

Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
Planned Activities Administration, planning and management of HOME funded projects and programs.
2 Project Name SHE-CHDO Scattered Site Acq-Rehab-Sell -Single Family Target Area Visalia
2015 16 17 CDBG Target Area
Goals Supported Affordable Housing
Suitable Living Environment
Needs Addressed Affordable Housing
Funding HOME: $79,400
Description The Community Housing Development Organization (CHDO) Scattered Site Acquisition, construction, Rehabilitation and Resale of Single-Family Property Program will be through the Citys certified Non-Profit, designated CHDO, currently Self Help Enterprises (SHE)
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
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Planned Activities The CHDO Scattered Site, vacant, infill and reconstruction single family properties to be acquired, rehabilitated, and resold. Project will be through the City’s certified Non-Profit, designated CHDO, currently Self- Help Enterprise. SHE, as a CHDO shall acquire foreclosed and/or voluntary sale homes, vacant, infill and reconstruction properties in need of rehabilitation. They will then resell the property to income qualifying households at or below 80% of the area median income. As a CHDO acquired property, a second mortgage up to 10% of the total development cost, may be provided to the borrower, if they meet the qualifications. An affordability covenant shall be recorded against the property to maintain affordability and owner occupancy of each property up to 30 years.
3 Project Name SHE-CHDO Multi Family Acq-Rehab-Rent
Target Area Visalia
2015 16 17 CDBG Target Area
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding HOME: $711,999
Description The Community Housing Development Organization (CHDO) Scattered Multi-Family Acquisition, Rehabilitation and Rental Program will be through the City’s certified Non-Profit, designated CHDO, currently Self Help Enterprise. SHE, as a CHDO.

Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
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Planned Activities The Community Housing Development Organization (CHDO) Scattered, vacant, infill and/or reconstruction of Multi-Family properties for Acquisition, Rehabilitation and Rental Program will be through the City’s certified Non-Profit, designated CHDO, currently Self Help Enterprise.

SHE, as a CHDO shall acquire foreclosed and /or voluntary sale, vacant, infill and reconstruction type existing multi-family rental properties in need of rehabilitation. They will then rent to income qualifying households as per the HOME regulations. An affordability covenant shall be recorded against the property to maintain affordability of each HOME Designated (funded) property unit(s) up to 20 years.

4 Project Name Tenant Based Rental Assistance (PI)
Target Area Visalia
Goals Supported Affordable Housing
Suitable Living Environment
Needs Addressed Affordable Housing
Funding $150,000
Description HOME funding is proposed to provide public services through rental payment assistance. This program is provided to the participants as a grant. TBRA Program is to provide secure, safe, decent, and sanitary short-to-medium term rental assistance to extremely low and very low- income persons or families (up to 60% area median income (AMI)) that are homeless, who meet the requirements of this program and tenant selection criteria.

Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
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Planned Activities HOME funding PI by CM approval- if received option to add to TBRA or SHE CHDO above $315k. Provide rental payment assistance. This pilot program is proposed as a grant, to assist households at or below 60% of the area median income.

The TBRA program is focused on special purposes or specific housing needs of Visalia’s special need, homeless population as indicated within the Consolidated Plan. There is a limited amount of funding, which in turn allows only a limited number of eligible participants.

5 Project Name CDBG Administration & Planning
Target Area Visalia
Goals Supported Program administration, planning and management Needs Addressed Program administration, planning and management Funding CDBG: $121,478
Description Planning, administration, management, monitoring, and oversight of CDBG funds
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
Planned Activities Administration, planning and management, including applicable non- profit/sub recipient administration costs
6 Project Name Case Management Street Outreach- FS
Target Area Visalia
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $35,000
Description Provide funding Family Services to provide case management and provide services special needs individuals.

Target Date 6/30/2020
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and type of families
that will benefit from
the proposed
activities

Location Description
Planned Activities Case Management and Street outreach with support. 7 Project Name Emergency Repair & Accessible Program
Target Area Visalia
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $100,000
Description
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
Planned Activities To provide a forgivable loan toward scope of work to owner occupants, including disabled and seniors.
8 Project Name Continuum of Care Support
Target Area Visalia
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $18,000
Description The City has a partnership with the Continuum of Care to support and address issues of homelessness. Approximately 400 persons assisted through the project homeless connect. Additional assistance throughout the year, canvasing the area of the population in need.

Target Date 6/30/2020
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the proposed
activities

Location Description
Planned Activities The City has a partnership with the Continuum of Care to address issues of homelessness. The Continuum of Care is a consortium of housing providers, service providers and local governments that work together to end homelessness in Kings and Tulare counties. To strengthen its capacity, the continuum has a 501(c)3 status in order to competitively apply for foundation and corporate funding. The continuum is focused on public services which systematically implement systems and programs that will help support existing homeless organizations and offer the resources that are needed locally to be successful. 9 Project Name Voucher Program- Family Services
Target Area Visalia
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $30,575
Description CDBG funding is provided to support Family Services and the Tulare Housing First Program
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
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Planned Activities CDBG funding is provided to support Family Services and the Tulare Housing First Program. The program is structured to specifically serve the chronically homeless by providing Shelter Plus Care vouchers to assist a homeless family with housing expenses. The funding would continue to support a Case Manager to oversee the program, which includes mental, and health counseling, job search, and life skills training. Specific data will continue to be collected to reflect the outcome.
10 Project Name ADA Compliance- Public Improvements
Target Area Visalia
2015 16 17 CDBG Target Area
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $286,444
Description
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
Planned Activities Public Improvements/ADA compliance projects; City Staff continues to work with the Disability Advocacy Committee, Engineering, City Council, and the public, to identify areas that need improvement in the CDBG Targeted area and other areas within city limits. Needs include areas with the lack of a safe walking path, curb cuts and truncated domes, and accessible water fountains. A list of locations is then evaluated for use of CDBG funding. Improvements may include accessibility improvements to community park, with ADA accessibility needs and public buildings.

11 Project Name Public Infrastructure Improvements
Target Area Visalia
2015 16 17 CDBG Target Area
Goals Supported Suitable Living Environment
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Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $60,000
Description
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
Planned Activities City Staff continues to work with the Disability Advocacy Committee to identify areas that need improvement in the CDBG Targeted area and other areas within city limits which the public and DAC members have identified. Community members identify areas in need of accessibility and areas with the lack of a safe walking path, curb cuts and truncated domes. A list of locations is then evaluated for use of CDBG funding. Improvements may include accessibility improvements to community park and public buildings.
12 Project Name Shelter
Target Area Visalia
2015 16 17 CDBG Target Area
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $400,000
Description
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
Planned Activities Public facility, acquisition and/or construction toward emergency shelter or bridge housing Acquire, rehab
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13 Project Name Park Improvements
Target Area 2015 16 17 CDBG Target Area
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $17,916
Description Public Park Improvements
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
Planned Activities Park security lighting in Riverbend, Summers and Fairview Parks; apparatus in Summers Park, Senior Center Shade Cover, Oval Park Bench and Walking Path (priority to be determined and based upon cost estimates).
14 Project Name Code Enforcement
Target Area 2015 16 17 CDBG Target Area
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $122,119
Description The Neighborhood Preservation-Code Enforcement Department is responsible for oversight of Code Staff. The primary emphasis of the program is on life safety non-compliance.

Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
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Planned Activities The Neighborhood Preservation-Code Enforcement Department is responsible for oversight of Code Staff. The primary emphasis of the program is on life safety non-compliance. Considerable efforts are focused on the Health and Safety code enforcement as it primarily relates to housing standards. Some of the common violations include unsafe structures, abandoned properties, contaminated and/or unsecured swimming pools, construction without permits, and unlicensed vendors. Additional efforts have been made toward street outreach, working with local non-profit housing providers, working with the health and human services as well as other providers to assist the homeless in the community. This program year, the goal continues to be 200 code cases. CDBG funding is set aside for staff.

15 Project Name Fair Housing Education
Target Area Visalia
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $7,500
Description Provide fair housing educational services and assist to eligible residents who may be facing housing challenges.

Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
Planned Activities Grantees in the CDBG program have a responsibility to affirmatively further fair housing. This program will assist in providing fair housing education, training working with a professional, non-profit dedicated to providing services regarding housing discrimination, fair housing outreach/education, and tenant and landlord rights and
responsibilities. This is a public service program.
16 Project Name Homeless Bridge Housing Public Services Target Area Visalia
Goals Supported Suitable Living Environment
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Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $39,500
Description A new public service activity Garden Street-Bridge Housing Services Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities

Location Description
Planned Activities Provide funding toward new public service activities offered at the bridge housing project, allowing extensive wrap-around supportive services, including case management, mental health, substance abuse and other support services.
17 Project Name CARES Act- PY19 CDBG-CV Public Services Target Area Visalia
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $160,137
CDBG-CV: $1,757,013
Description CARES Act funding to prevent, prepare for, and respond to coronavirus.

Based on the eligible uses and need, the proposed use for the CDBG-CV funding is public service for food, rental/mortgage, and utility assistance to LMI Visalia households that have been directly financially impacted by the coronavirus pandemic.

Target Date 6/30/2022
Estimate the number
and type of families
that will benefit from
the proposed
activities
Estimated number of persons benefitting from the proposed activities:

Food assistance 300 LMI individuals
Rental/mortgage and/or utility assistance 320 LMI households Location Description Citywide
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Planned Activities CDBG-CV public service activities include:

Food assistance to LMI families impacted by the coronavirus pandemic.

Subsistence Payments including rental/mortgage and/or utility assistance to prevent eviction and/or cut of services due to the coronavirus pandemic.
18 Project Name CARES Act CDBG-CV Administration
Target Area Visalia
Goals Supported Program administration, planning and management Needs Addressed Program administration, planning and management Funding CDBG-CV: $42,436
Description Administration of CDBG-CV CARES Act funding to prevent, prepare for, and respond to coronavirus.

Target Date 6/30/2022
Estimate the number
and type of families
that will benefit from
the proposed
activities
Administration of CDBG CARES Act (CDBG-CV) funding.

Location Description Citywide
Planned Activities Administration of CDBG-CV funding, to prevent, prepare for, and respond to coronavirus.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The ConPlan does not specifically target areas, except to identify low/mod census tract areas for the use of funding for eligible projects/programs, such as Code Enforcement and Park/Public Improvements, which lie within such area.

The CDBG Target Map references all ConPlan years, including this 2019 program year. Attached is confirmation of the eligible census tracts. There are not additions or reductions of eligible tracts for this program year. Any notation to 2013 CDBG Target Areas, based on the initial submission with the 2015 ConPlan, shall now reflect the updated map, and applies to the 2015, 2016, 2017, 2018, and 2019.

Visalia Citywide: The City of Visalia (City) is located east of State Highway 99 and along State Highway 198, in the northwestern area of the County of Tulare (County) in the Central San Joaquin Valley of California. The City covers approximately 37.74 square miles and is surrounded by farmland, leading the agricultural industry to be its top economic driver. It is the largest city in the County and is currently home to approximately 136,000 residents.[1]
IDIS Low/Mod Census Tracts (eligible CDBG Target Areas) Low-Mod Income (LMI) concentration is defined as census tracts where at least 51% of the median household income is 80% or less than the jurisdiction as a whole. There are a total of seventeen (17) census blocks within nine (9) Tracks, identified meeting low/mod income areas. The City's CDBG Low/Mod areas (boundaries) are identified in Map 1 as census tracts and blocks portion of 900, 10.03.5;

10.04.1, 10.04.2, 10.04.3, 10.04.4; 11.00.1, 11.00.2, 11.00.3, 11.00.4; 13.01.2; 13.02.1; 17.01.1, 17.01.2;

18.00.1; 20.03.1; 20.08.1; and 20.09.3. More specifically Census tracts continued below in further detail:

Geographic Distribution
Target Area Percentage of Funds
Visalia 61
2013 CDBG Low-Mod Areas 0
2015 16 17 CDBG Target Area 39
Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically Continued CDBG Target Area Census Tracts: More specifically:
• Census Tract/block No. 900 bound by Plaza to Goshen to SE Plaza to Riggin to NE city limits at 316

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Riggin and American to NW city limits at Goshen and Camp Dr to the SW. • Census Tract/block No. 1003.5. bound by W Clinton Ave, E to N Giddings St, S to W Houston Ave, W to N Mooney Blvd, N to W Clinton Ave.
• Census Tract/block No. 1004.1. bound by W Riverway Ave, E to N Santa Fe St, S to E Ferguson Ave, W to N Bridge St, S to W Buena Vista Ave, W to N Encina St, S to W Vine St, W to N Dinuba Blvd.
• Census Tract/block No. 1004.2. bound by W Vine Ave, E to N Encina St, S to W Buena Vista Ave, E to N Bridge St, S to E Ferguson Ave, E to N Santa Fe St, S to W Houston Ave, W to N Dinuba Blvd, N to W Vine Ave.
• Census Tract/block No. 1004.3. bound by W Riggin Ave, E to N Dinuba Blvd, S to W Prospect Ave, W to N Conyer St, N to W Buena Vista Ave, W to N Giddings St, N to W Riggin Ave. • Census Tract/block No. 1004.4. bound by W Buena Vista Ave, E to N Conyer St, S to W Prospect Ave, E to N Dinuba Blvd, S to W Houston Ave, W to N Giddings St, N to W Buena Vista Ave. • Census Tract/block No. 1100.1. bound by E Houston Ave, E to Santa Fe St, S to NE 1st Ave, SW to N Court St, NW to NW1st Avenue, NW again to N West St, N back to Houston Ave. • Census Tract/block No. 1100.2. bound by NW1st Street, SE to N Court St, NE to NE1st St, NE to Santa Fe St, S to E Murray St, W to N Floral St, N to Grove St, W to N West St, N to NW1st St. • Census Tract/block No. 1100.3. bound by W Houston Ave, E to N West St, S to W Grove Ave, E to N Floral St, S to W Murray Ave, W on Goshen Ave, N to W Switzer Ave, W to N Rinaldi St, N to W Houston Ave.
• Census Tract/block No. 1100.4. bound by W Houston Ave, E to N Rinaldi St, S to W Switzer Ave, W on W Goshen Ave to N Mooney Blvd, N to W Houston Ave. • Census Tract/block No. 1301.2. bound by St Johns River, including properties on the north side of E St Johns Parkway, E to Ben Maddox Way, E on St Johns to McAuliff, S on McAuliff St to E Houston Ave, W on E Houston Ave, S on Ben Maddox Way, to St Johns River. • Census Tract/block No. 1302.1. bound by E Houston Ave, E to Ben Maddox Way, S to Mineral King Ave, W to Santa Fe St, N to Houston Ave.
• Census Tract/block No. 1701.1. bound by W Noble Ave, E to S Court St, S to W Tulare Ave, W to W Watson St, N to W Noble Ave.
• Census Tract/block No. 1701.2. bound by W Noble Ave, E to S Santa Fe St, S to E Tulare Ave, W to S Court St, N to W Noble Ave.
• Census Tract/block No. 1800.1. bound by W Noble Ave, E to S Watson St, S to W Tulare Ave, W to S Giddings St, N to W Noble Ave.
• Census Tract/block No. 2003.1. bound by W Walnut Ave, E to S Mooney Blvd, S to W Whitendale Ave, W to S County Center Dr, N to W Walnut Ave. • Census Tract/block No. 2008.1. bound by W Noble Ave, E to S Demaree St, S to W Tulare Ave, W to S Noyes Ct, N to W Laurel Ave, E to S Linwood St, N to W Noble Ave. • Census Tract/block No. 2009.3. bound by W Tulare Ave, E to S Demaree St, S to W Walnut Ave, 317

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W to S Linwood St, N to W Cambridge Ave, E to S Chinowth St, N to W Tulare Ave.

See Discussion below for Rationale.

Discussion
Entitlement dollars will be distributed citywide as eligible. However, CDBG funds will be utilized in CDBG Target areas for Code Enforcement and Park Improvements. A presumed Benefit project, such as an ADA walkway within a park or low mod residential areas in need of access, would be applicable. CDBG funding directed toward public services is a citywide public service benefit. Public Facilities are based upon CDBG requirements, such as area benefit, limited clientele, or income qualifications; Affordable housing will be citywide, which encompasses CDBG Target Areas. Other programs may benefit within the CDBG Target areas as well, however, are allowed citywide.

Map 1 CDBG Eligible Tracts, and Map 2, City of Visalia Minority Concentration is attached under Attachment B

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
HOME funding will continue to be directed toward the following HOME projects/programs:
• SHE CHDO projects SHE CHDO existing Single Family unit acquisition, rehabilitation, resale, down payment/gap assistance SHE CHDO existing Multi-Family unit acquisition, rehabilitation, rent
• TBRA

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 4
Special-Needs 0
Total 4
Table 9 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 1
Rehab of Existing Units 2
Acquisition of Existing Units 1
Total 4
Table 10 - One Year Goals for Affordable Housing by Support Type

Discussion
Staff worked with its non-profit partner SHE to include additional types of acquisition, such as vacant, infill and reconstruction three years ago. As funding, through PI becomes available, it would be directed toward SHE CHDO Acq Rehab projects due to SHEs success and the housing needs of our community, including housing Visalia’s homeless or at-risk of homelessness population. It is anticipated that two (2) single family properties will be constructed upon the recently acquired properties (NW 5th). It is also anticipated that 1 rental multi-family property will be acquired, rehabilitated, and rented.

The TBRA Pilot Program is providing rental assistance for a period of 18 months, however, will allow for extensions through a re-application process. No more than 24 months of assistance is allowed. We 319

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continue to utilize previous year funding to assist additional households. If the anticipated HOME PI received is above $315k, the City Manager will have the option to direct up to $30k to the TBRA or SHE CHDO. Supportive services will also be available to the tenants through Housing Successor funding. Annually Staff will evaluate the FMR and a Rent Market Study for use as the Rent Standard.

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AP-60 Public Housing – 91.220(h)
Introduction
The Public Housing Authority (PHA), specifically the Housing Authority of Tulare County (HATC) works closely with the City, Continuum of Care “Alliance” and the recently formed Homeless Resource Task Group. Actions planned by the PHA this year are referenced below.

Actions planned during the next year to address the needs to public housing The HATC indicated that they will continue to own and manage 179 units in the City of Visalia. They stated that there is no plan to purchase additional public-housing units, nor do they plan on removing any units from their inventory. Their current projection is fore an investment of $375,500 in Capital Fund improvements during the 2019 – 2020 Fiscal Year. The noted expenditures will cover maintenance and rehabilitation in public-housing units within the City of Visalia. HATC's Capital Fund expenditures will cover a large range of projects, including roofing replacement, landscaping improvements, carpet replacement along with air conditioning and heating unit improvements.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
HATC is proactive in the inclusion of public-housing residents in the policy making process. HATC indicated that an equitable and transparent policy making process is one that includes the opinions of public housing residents and is achieved through the participation of two tenant commissioners on HATC’s Board. Furthermore, HATC has installed a Resident Counsel composed of five residents from HUD funded programs (Multifamily Housing, LIHTC, HOME, Section 8 Housing Choice Vouchers, and public housing). Their Resident Counsel works with HATC staff on evaluating the effectiveness and efficiency of HATC rental assistance programs. This provides members the opportunity for input on necessary program modifications.

A vital driving factor in the implementation of HATC programs is the promotion of tenant self- sufficiency. Their agency views the goal of homeownership for program participants as one of the long- term goals for all of their clients. HATC staff works with tenants to effectively provide them with the necessary resources to achieve homeownership. HATC’s Annual Re-Examination Notice provides public- housing participants with an extensive referral list that provides assistance with homeownership. Their list includes programs managed by: CSET, City of Visalia, Habitat for Humanity, CalHFA, and Self-Help Enterprises. HATC’s program coordinator works with any interested public housing tenant in order to effectively inform them of all the different programs that are available to them. Effective collaboration between their agency and other public and nonprofit agencies is imperative to help promote homeownership among all of HATC’s tenants. Lastly, in 2019 HATC will be introducing a new online payment system which will allow public housing residents to utilize the rental payments made on time to increase their credit score and help them achieve homeownership. 321

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If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
The HATC is a high performer and not determined to be troubled.

Discussion
See above
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
This section provides an overview of how the City will address the needs of homeless persons over the next year.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City will continue targeted outreach efforts towards unsheltered homeless persons through collaborative efforts with the Alliance Housing Navigators, Kings View PATH Team, and Tulare County Mental Health Crisis Team. These organizations canvas the city to conduct outreach to people experiencing homelessness. When an unsheltered person is identified, they are assessed and connected to services. Client information is included in the local Homeless Management Information System (HMIS) so the outreach teams can remain apprised of client status on the housing priority list and other community referrals.

The City will also continue to support the Alliance’s outreach efforts to persons experiencing homelessness through the Project Homeless Connect (PHC) event in conjunction with the Point in Time (PIT) census. The one-day PIT survey provides a snapshot of the adults, children in households and unaccompanied youth living in the City of Visalia who meet HUD’s definition of homelessness. Information gathered through the PIT is used to understand the causes and trends over time of homelessness, as well as to determine the unmet shelter and service needs of the homeless.

PHC is a national best practice that is a one-stop-shop of comprehensive support services for people experiencing homelessness. Guests attending the event are partnered with volunteers who assist in identifying and accessing necessary resources. The 2020 event will be held on January 23, 2020.

Addressing the emergency shelter and transitional housing needs of homeless persons The City provided $10,000 of cash match for the operation of a warming center for the 2018/2019 winter season. Long-term plans are underway to develop a low-barrier emergency shelter that can house approximately 100 people. A committee has been formed and is meeting bi-weekly to identify a location, lead agency and funding sources. The goal is to have the emergency shelter operational within the next 12-24 months.

The City is also working with SHE and other community partners to develop a Bridge Housing program that will temporarily house people experiencing homelessness while their permanent housing unit is being identified. The project would house up to 22 clients. 323

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The City will continue to fund FSTC with CDBG public services funding. The primary focus of this public service- is so that FSTC staff may reach approximately 24 homeless people through street outreach efforts. The secondary focus of this public service funded activity will be providing approximately 14 people case management services that will enable them to be more self-sufficient in order to gain housing. FSTC seeks to identify at-risk and homeless clients who have not yet been linked to a formal support system in order to work with them on completing the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT) assessment, assisting them with becoming “document ready” for potential housing opportunities (i.e. obtaining identification, homeless/disability certification), connecting them to critical supportive services such as mental health and substance abuse treatment, and providing linkages to immediate needs such as food, clothing, hygiene products, transportation assistance, emergency shelter and referrals to medical care. FSTC will also work with code enforcement, HOPE team, PATH team, and Housing Navigators to reach new clients and connect them to services. This would include any housing opportunities available, through other funding sources and grant opportunities. The City will provide $18,000 in FY 19/20 to the Alliance for public services related to the Project Homeless Connect (PHC) /Point in Time (PIT) census.

Additionally, TBRA will continue to be used as a bridge to long term housing stability as much as possible by Family Services. The HOME funded TBRA Program in utilizing previous year funding provides rental assistance and security deposits which will assist approximately 16 households with existing funds. The rental assistance will be provided for a period of eighteen months (18), however, will allow for two – 3- month extensions through a re-application process. No more than 24 months of assistance is allowed under the HOME TBRA regulations. It is anticipated that during the period of assistance clients may be receiving support and services that will enable them to be more self-sufficient in housing when the assistance ends. The TBRA Program is prohibited from requiring participation in medical or disability- related services as a condition of receiving or continuing to receive HOME- TBRA. However, it is encouraged for each individual to have a strong connection with a support service provider, which may be offered as referenced under the HOME Regulations. The City previously allocated City Housing Asset funding which provides case management/supportive services, and street outreach.

Furthermore, the City continues their efforts, increasing the CDBG funds in total of $30,575, to Family Services as matching funds, for case management (public services) to support the Tulare Housing First Shelter Plus Care Program (Voucher Program). This program provides case management services to 14 people annually.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
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The City of Visalia supports and collaborates with local service providers, through the Alliance, to assist homeless individuals and families. Funding priorities include supporting existing high performing housing first rapid rehousing and permanent supporting housing projects.

As previously mentioned, the City previously allocated HOME funded TBRA Program, to be utilized as rental assistance and security deposits which will assist approximately 16 households. The rental assistance will be provided for a period of 18 months, however, will allow extensions through a re- application process. No more than 24 months of assistance is allowed under the HOME TBRA regulations.

Furthermore, the City continues their efforts with the Family Services Voucher Program as matching funds, for case management (public services) to support the Tulare Housing First Shelter Plus Care project. This project provides case management services to 13 people annually.

The City plans on continuing the newly created Environmental Cleanup Opportunities (ECO) program, which is a partnership that includes the Tulare County Workforce Investment Board, Caltrans, and ABLE Industries. ECO provides employment opportunities for people experiencing homelessness. The project serves a cohort of 10 participants in a two-phase training opportunity. Through the project, participants are provided paid employment, on-the-job training, resume building, and employment search assistance. The goal of the project is to connect participants to permanent employment within the community.

The City also prioritizes housing opportunities, as appropriate, in new acquisition and rehab housing projects funded through HOME and other city-funding pools. Most recently, the City supported a 6-unit project. The project has a set-aside requirement for one of the units to exclusively serve persons experiencing homelessness. The first household will be placed into the project in mid-2019.

In all Continuum and City-funded projects, persons experiencing homelessness are assessed for housing opportunities and are prioritized based on their acuity. Several projects focus on sub-populations such as youth ages 18-24, veterans, and/or chronic homelessness. All projects within the Continuum- emergency, transitional and permanent housing- include supportive services for their clients. Each project designs and implements supportive services based on their target population and partnerships leveraged within the community. The overarching goal of the supportive services offered is to link individuals and/or families with mainstream benefits and income support, education, and employment services, as well as health and life skills services. These linkages are a critical component to assisting clients in self-sufficiency, reducing episodes of homelessness, and preventing recidivism.

Projects that serve these vulnerable subpopulations include: CSET Permanent Supportive Housing and Rapid Rehousing, Family Services Permanent Supportive Housing and Transitional Housing, Turning Point and Tulare County HHSA provide PSH projects for chronically homeless individuals and families and/or families with children. The Veterans’ Administration, in conjunction with the Housing Authority of Tulare County, operates the Veterans Affairs Supportive Housing (VASH) project and Westcare 325

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operates the Supportive Services for Veteran Families (SSVF) project that serves eligible veterans and their families. Uplifting Families operates a Transitional Housing project for transitioning age youth.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City recognizes that homeless prevention programs, employment opportunities and affordable housing are critical components in deterring homelessness. The City will support prevention efforts through its partnership with the Alliance. A Diversion Specialist position has recently been added to the Coordinated Entry System. This position will be responsible for developing and strengthening referral sources for people at-risk of becoming homeless. Additionally, the Diversion Specialist will work with clients that present at any of the Coordinated Entry points to assist in diverting clients from homelessness.

Another important component of prevention/diversion is assisting households with income supports and connections to mainstream benefits. The SSI/SSDI Outreach, Access, and Recovery (SOAR) model is designed to increase access to SSI/SSDI for eligible homeless adults who are and have a mental illness and/or a co-occurring substance use disorder. Staff from all CoC-funded agencies is required to assist clients in obtaining these mainstream benefits. Participation by these agencies provides an effective method of assisting households who may otherwise pursue homelessness assistance.

Discussion
City is not a recipient of HOPWA funding.

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The City continues to be committed to removing barriers to affordable housing. City staff works with other departments and its non-governmental partners to coordinate efforts to eliminate barriers to affordable housing. Barriers to affordable housing include the following:
• Housing Affordability
• Housing Stock
• Policies and Programs
The efforts to eliminate each of these barriers to affordable housing share some common approaches and commitment of resources. However, the City also recognizes that each barrier has unique aspects which require more focused and specialized approaches to achieve effective and lasting solutions.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
As an integral component of its General Plan Housing Element Update, adopted and certified in December 2016, the City completed a critical analysis of its existing codes and policies to identify any existing codes or policies that directly or indirectly inhibit the City’s ability to facilitate affordable housing for all persons. As a result of this analysis, the City eliminated, amended, or incorporated 64 Housing Element Programs that are detailed in the Policy Document (Part 3) of the adopted Housing Element Update. Pursuant to the intent and process as stated in the Housing Element, and consistent with State Housing Law, the City has committed to completing all code revisions, program implementation actions and procedures to implement these Housing Programs. These Housing Element Programs are organized into nine Goals categories, as follows:

1. New Construction - To provide a broad range of housing types and densities to meet the needs of all Visalia residents.

2. Mixed Use, Infill, and Downtown Development - To promote mixed use, infill, and Downtown development in Visalia.

3. Encourage Affordable Housing - To encourage construction and maintenance of affordable housing in Visalia.

4. Foreclosures - To prevent foreclosures, protect affected families, and stabilize neighborhoods impacted by foreclosures.

5. Special Needs/Homeless- To provide a range of housing types and services to meet the needs of households with special needs within the city.
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6. Housing Rehabilitation Program - To create and maintain healthy neighborhoods by improving the condition of the existing housing stock and providing for a variety of housing types, sizes, price ranges, and densities compatible with the existing character and integrity of residential neighborhoods.

7. Equal Opportunity Housing and Discrimination Prevention - To provide decent housing and a quality of living environment for all Visalia residents regardless of age, religion, race, creed, gender, sexual orientation, marital status, ancestry, national origin, disability, economic level, and other arbitrary factors.

8. Energy Conservation - To encourage energy efficiency in all new and existing housing.

9. Implementation Monitoring - To ensure that Housing Element programs are implemented on a timely basis and progress of each program is monitored and evaluated annually.

Discussion:

Specific Housing Element Programs that were adopted with the 2016 Housing Element Update that positively impact the City’s affordable and inclusive housing goals, and directly contribute to the goal of eliminating barriers to affordable housing are noted as follows:
• Affordable Housing Infill Incentive component to implement the City’s overall Infill Incentive Program – Increases the Traffic Impact Fee incentive from 50% to 60% in the City’s older “Core Area”, and from 33% to 43% throughout the remainder of the City for projects that include at least 20% Low income category housing.
• The City has finalized an incentive marketing campaign. The materials promoting the City’s various affordable housing incentives have been distributed to housing development and service stakeholders and are posted on the City of Visalia’s website. • Encourage new mobile home parks - Increases densities to underlying zone district and reduces excessive setback and yard requirements.
• Streamline Special Needs Housing (transitional and supportive housing, employee housing) permit requirements - Eliminates the 6-person maximum threshold for facilities requiring a Conditional Use Permit (CUP).
• Eliminate need for variance or exception where needed to accommodate reasonable accommodation for persons with disabilities.
• Amended Multi-family Residential Zones to allow multi-family dwellings up to 80 dwelling units per site to be permitted by right in the R-M-2 and RM- 3 Zones. This increases the threshold for multi-family project permitted by right from 60 units to 80 units. • Amended multi-family Conditional Uses section to allow structures up to four stories in the R-M- 3 Zone. This revision will increase the maximum multi-family structure building height in the R- M-3 Zone District by one additional story, as a means to increase densities on High Density Residential project sites.
• Added “Affordable Housing Development Incentives and Concessions to include waiver of CUP requirement for affordable housing projects with less than 80 units but still within 20 units per 328

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acre or greater in the Downtown Area. This would waive the CUP requirement for downtown affordable housing projects that are less than 80 units (but still within 20 units per acre or greater) when a CUP would otherwise be required.
• Added “Affordable Housing Development Incentives and Concessions” to include a reduction of parking requirements for downtown affordable housing projects with less than 80 units from 1.5 parking spaces per unit to 1 parking space per unit.

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AP-85 Other Actions – 91.220(k)
Introduction:

The City actions planned to address obstacles are referenced within the Analysis of Impediments to Fair Housing (AI) and listed herein. The table included under Section AD-26, as Appendicles No. 2.(for IDIS) and referenced herein below is included in the Analysis of Impediments to Fair Housing (AI) and represents the ongoing recommendations from the 2010 AI, to reduce impediments to fair housing choice.

Actions planned to address obstacles to meeting underserved needs The table reflects the Action and Goals, such as:
• Goal 1: Expanding Affordable Housing Opportunities
• Housing Partnerships
• Affordable Housing Resources
• Housing Choice for Special Populations
• Goal 2: Expanding Access to Financing
• Outreach to Lenders
• Education and Resources
• Unfair Lending and Insurance Practices
• Goal 3: Fair Housing Services
• Apartment Owners/Managers
• Fair Housing Testing and Audits
• Reasonable Accommodations
• Goal 4: Affirmatively Furthering Fair Housing in the City of Visalia Actions planned to foster and maintain affordable housing The City will continue to work closely with non-profit housing and service providers to collaborate on improving the awareness and expansion of available resources to address the needs of the homeless population.

Staff has addressed the affordable housing programs for this program year throughout this report.

Please refer to sections AP-20, AP 35, AP-38, and AP-55.

Actions planned to reduce lead-based paint hazards
The Tulare County Health and Human Services Agency, Childhood Lead Poisoning Prevention Program provides educational information.
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For all of the City’s housing programs, applicants are informed of the danger of lead-based paint through a brochure as part of the application process. In addition, City building inspectors and Code Enforcement staff are alerted to signs of this hazard as they perform their substandard housing inspections. All housing owners and occupants with which the City interacts through its various programs are required to abate this hazard as a condition of assistance from the City.

According to 2011-2015 ACS 5-year estimates, 39% of owner-occupied housing units, and 50.8% of renter occupied housing units were built before 1980 in the City. The use of lead-based paint was banned nationwide in 1970. It is estimated that 42 percent of the City’s housing stock contains lead- based paint. As units continue to be repaired, rehabilitated, or replace, no lead-based paint has been used since 1978.

The City also requires its subrecipients and/developers to conduct lead testing on pre-1978 homes and multi-family units purchased and/or rehabilitated through its affordable housing programs. They are to use safe practices and obtain certification through a HUD-certified lead testing agency.

Actions planned to reduce the number of poverty-level families The City works with Family Services through the Voucher Program to reduce the number of poverty- level families. The City will also continue to provide its non-profit partners with funding to acquire, rehabilitate, and sell homes to income-qualifying households at or below 80% AMI.

Additionally, the City has made a commitment to improve the communication and service delivery capabilities of agencies and organizations that provide programs to assist the homeless. Specifically, Staff participates in the monthly Continuum of Care (Alliance) meeting, and various homeless task groups to identify funding and opportunities to provide Visalia’s homeless population with housing and service opportunities.

The City will also continue to partner with organizations to provide services and address the full range of needs of LMI families. Although there are coordinated programs and services to reduce poverty, it is recognized that many unmet needs will remain. The City will continue to work with its partners to identify and work toward meeting those needs by strategically focusing its resources and efforts.

Actions planned to develop institutional structure
The City is a charter city and is managed under a Council-manager form of government. City Council provides policy direction to the City Manager who is responsible for administering City operations. City Council members are the leaders and policymakers elected to represent the community and concentrate on policy that addresses the citizens’ needs and wishes. The City Manager is appointed by the City Council to carry out policy and ensure that the entire community is served. The legislative body is the City Council and City Councilmembers are the community’s decision makers. Visalia voters elect a 5-member Council to serve as the City's legislative and governing body. The members represent the City 331

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and their respective Districts, serve four-year terms and they select one member to serve as mayor and one to serve as vice-mayor. A general municipal election is held every two years in November, alternating between two and three positions each cycle.

The Finance Department, Housing Division oversees and administers the day-to-day activities of the CDBG, NSP1, HOME and other state and federal funded programs. Staff works together with various City departments to develop programs and activities that improve low-and moderate-income neighborhoods throughout the City. The administration of program activities includes housing, public services, public facility, park and infrastructure improvements, and economic development activities.

Interdepartmental communication and collaboration are two strengths of the delivery system. City staff from various departments works with local organizations and agencies that assist low-income households and individuals. High priority needs were identified during the Consolidated Plan’s community engagement and public review periods.

During the Consolidated Plan public review period, these priorities were established. Additionally, input is received by the community, various committees, and City Council during the feedback period in developing the annual plan. The Annual Action Plan is designed to address the needs and priorities identified within the ConPlan and direct limited funding available toward the highest needs.

Actions planned to enhance coordination between public and private housing and social service agencies
The City continues to hold community meetings to enhance coordination between housing providers, government agencies, mental health, and other key stakeholders in the City. The purpose of these ongoing meetings is to establish a network of agencies to enhance the delivery of services to the homeless, disabled individuals and families, and others seeking services.

Ongoing meetings are held with various community and task groups to continue the discussions of homeless needs, including an emergency shelter, case management, affordable housing, available rental units and increased partnerships and the creation of job opportunities. These are efforts that are being continued to enhance coordination and work with the Housing Authority, Alliance, Kaweah Delta District Hospital, Family Health Care Network, CSET, Self Help Enterprises, Family Services of Tulare County, Tulare County Health and Human Services, Visalia Rescue Mission, Tulare County Work Force Investment Board, City Manager, City Assistant Manager, Finance, including Housing and Code Enforcement and City Police Chief and officers assigned to assisting with homeless efforts, so that we may work together to identify services, housing and other needs. City representatives are also part of the Tulare County Task Force on Homelessness. This is a county wide effort to address the needs of our homeless population, city and countywide.

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improvement to enhance coordination and exchange knowledge of best practices to better understand and address the community’s needs.

Discussion:
see above
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

In the event final CDBG and HOME program entitlement and program income is higher or lower than expected herein, the City of Visalia may add, subtract, or transfer amounts among identified projects, as noted without publishing a substantial amendment, if the amount is below 75 % change, as per the approved Citizens Participation Plan. Any difference in CDBG funding will be reflected in public infrastructure/ADA project line item and, if needed, public services to maintain compliance with the 15% cap and Administration; any difference in HOME funding will be reflected in SHE CHDO Acq/Rehab/construct or reconstruct SF or MF projects, TBRA and if needed Administration.

The three-year period (2017, 2018 & 2019) is used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 75,000

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 75,000

Other CDBG Requirements

1. The amount of urgent need activities 0
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2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%

HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

No other form of investment shall be used beyond those identified in Section 92.205.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

As it relates to the HOME funded Programs, all beneficiaries are owner occupants.

First Time Homebuyer (FTHB), funds shall be provided as a Direct HOME subsidy- gap financing, as a second mortgage to households at or below 80% of the area median income. The property will maintain an affordability covenant as referenced under 24 CFR 92.254 (a) (4). The covenant shall remain for five (5) years when less than $15,000 is provided in gap financing Direct Subsidy to the homebuyer and shall be for a ten (10) year period when more than $15,000 up to $40,000 is provided in gap financing Direct Subsidy to the homebuyer. The “Owners Participation Agreement” (Covenant) shall begin the date the Deed of Trust is recorded. The Provision for the FTHB Program shall be “Recapture Provision” as per 24 CFR 92.254 (a) (5) (ii) (A) (1). The City may recapture the entire amount of the direct HOME assistance from the homeowner. The amount to be recaptured will not exceed the amount of net proceeds available at the time the home is sold. HOME rule limits recapture to available net proceeds, therefore, if net proceeds are insufficient for the city to recapture the full amount of the Direct HOME assistance, the City will recapture only what is available from net proceeds. This applies regardless of the nature of the sale (voluntary sales including short sales, and involuntary sales including foreclosures).

The SHE-CHDO Program utilizes the “Recapture Provision”. HOME funds are invested in the acquisition, rehabilitation, and/or new construction/reconstruction and Direct Subsidy shall be up to 10% of the total HOME investment (i.e., $280,000 acq/rehab cost X 10% = $28,000 Direct Subsidy to homebuyer), which shall be provided as a Second Mortgage to the qualifying new homebuyer. If the property is sold below fair market value, the difference between the fair market value and the purchase price is considered to be part of the HOME subsidy and provided directly to the homebuyer as a direct subsidy. And any additional subsidy provided to the homebuyer to enable 335

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them to purchase the property, which includes down payment assistance, closing costs, interest subsidies, or other HOME assistance including any assistance that reduced the purchase price from fair market value to an affordable price, shall be recaptured.

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

See Recapture provisions Question 2 above for additional information.

The Provision for the FTHB Program shall be “Recapture Provision” as per 24 CFR 92.254 (a) (5) (ii) (A) (1). The City may recapture the entire amount of the direct HOME assistance from the homeowner. The amount to be recaptured will not exceed the amount of net proceeds available at the time the home is sold. HOME rule limits recapture to available net proceeds, therefore, if net proceeds are insufficient for the city to recapture the full amount of the Direct HOME assistance, the City will recapture only what is available from net proceeds. This applies regardless of the nature of the sale (voluntary sales including short sales, and involuntary sales including foreclosures).

A 30- year covenant shall be recorded to maintain affordability. The SHE-CHDO Program covenant shall use the “Recapture Provision”, as referenced under 24, CFR 92.254 (a) (5) (ii) (A) (1) and shall begin the date the Deed of Trust is recorded. In the case of the homebuyer selling the home during the affordability period, the City may recapture the entire amount of the direct HOME Subsidy and the difference between the fair market value and the purchase price, if the purchase price is below the fair market value, and any additional assistance as referenced above. The amount to be recaptures will not exceed the amount of net proceeds available at the time the home is sold. HOME rule limits recapture to available net proceeds, therefore, if net proceeds are insufficient for the city to recapture the full amount of the Direct HOME assistance, the City will recapture only what is available from net proceeds. This applies regardless of the nature of the sale (voluntary sales including short sales, and involuntary sales including foreclosures).

Note: Staff works with the City Attorney in updating legal documents to comply with the funding source and type of program(s) administered.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

Not applicable

336

Annual Action Plan
2019
101
OMB Control No: 2506-0117 (exp. 09/30/2021)
The FTHB, SHE-CHDO Program loan documents were reviewed in 2017 by HUD. No changes have been made to these policies. However, if HUD requests a copy for review, City Staff will again provide documents if required prior to implementing the program.

337

CDBG CARES ACT

AMENDMENT III
City Council – Public Hearing
August 15, 2022
338
CDBG-CV Reallocation
$291,599 in additional CDBG-CV
Admin: 20% at $58,320
Program Delivery: $233,279
339
CDBG-CV Requirements
 Must be used to prevent, prepare, & respond to COVID-19.  Must meet a CDBG National Objective and benefit a low- income person, household or area.
 Proof of income eligibility required.
 No duplication of benefit.
340
CDBG-CV Amendment
PY 2019 CARES Act Amendment III
Due to HUD by: 8/16/22
Completion Date: 6/30/27
341
Survey Results (Dates: 7/11/22-7/20/22)
1 2
3 342
Council
Direction
8/1/22
• Rent/Mortgage Assistance
Recommendation
• Max up to $2,000 per household
• Benefit: 116 households
• Only to low – moderate income
working households
Terms
343
Public
Comment
Period
5-day minimum
• 8/5/22 – 8/15/22
• Public hearing final step
10-day public comment period
344
Action
Tonight
Staff Recommends:
Conduct a Public Hearing
Motion to approve and appropriate
2019 CARES Act Amendment III in
$291,599 in CDBG-CV funds
Authorize Submission to HUD
345
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0165 Agenda Date: 8/15/2022 Agenda #: 1.

Agenda Item Wording:

Upcoming Visalia City Council Meetings:

Tuesday, September 6, 2022 - Regular Meeting @ 7:00 PM - 707 W. Acequia Monday, September 19, 2022 - Regular Meeting @ 7:00 PM - 707 W. Acequia Visalia City Council Printed on 8/12/2022Page 1 of 1
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346

Visalia City CouncilAugust 15, 2022

Visalia City Council
August 15, 2022