Agenda packet — Visalia City Council, September 6, 2022 (part 1 of 4)

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
Tuesday, September 6, 2022 7:00 PM City Council Chambers

ROLL CALL
CALL TO ORDER WORK SESSION - No Work Session Scheduled

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)
ADJOURN TO CLOSED SESSION - 6:00 PM
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

PUBLIC COMMENTS

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1 City Council Meeting Agenda - Final September 6, 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. 22-0328

2. Authorize the City Manager to file a Notice of Completion for the FY 21-22 Reclamite project (CIP 1410-72000/CP0248-999 & CIP 2730-72000/CP8358-999).
22-0308

3. Authorize the City Manager to file a Notice of Completion for the FY 21-22 Cape Seal Project (1410-72000/CP0247-999,
2530-72000/CP0214-999 & 2420-72000/CP0411-999).
22-0309

4. Authorization for the City Manager to utilize the Washington statewide contract for zero-emission transit buses to enter into a contract in the amount of $2,421,736.60 with Gillig LLC. of Livermore, CA for the purchase of two (2) 35' Battery Electric Buses (BEB) for fixed route service, including the purchase and installation of bus chargers (CIP VH0261).
22-0321

5. Authorize the City Manager to award a Purchase Order for RFB No. 21-22-51 to Allstar Fire Equipment for the purchase of 16 Scott 3M Self-Contained Breathing Apparatus (SCBA) in the amount of $133,463.68.
22-0327

6. Authorize the City Manager to file a Notice of Completion for the Parking Lot Maintenance Project located at various locations identified within the report (1010-72000/CP8214-999).
22-0330

7. Authorize City Manager to execute appraisal services contract with Hopper Company for up to five annual terms with total “not to exceed limit” of $200,000.
22-0332

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2 City Council Meeting Agenda - Final September 6, 2022

8. Authorize and designate Councilmember Liz Wynn as the voting delegate for the 2022 League of California Cities Annual Conference and Councilmember Greg Collins as the alternate voting delegate.
22-0337

9. Authorize the City Manager to award an emergency contract to Telcion Communications Group, Inc., of Turlock, to purchase HewlettPackard Enterprise data storage arrays, for a total of $350,000.
22-0341

10. Confirmation of a letter of support for Kaweah Health’s request to the California Department of Health Care Services Behavioral Health Continuum Infrastructure Program Round 4: Children and Youth program.
22-0344

11. Authorization for the Mayor to sign a letter of support for Family Healthcare Network’s proposal to the California Department of Health Care Services Integrated Systems of Care Division to establish a program to serve frail seniors.
22-0345

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. First reading of Ordinance 2022-07 of proposed additions and revisions of Visalia Municipal Code chapter 8.28, Solid Waste Collection and Disposal. Additions incorporate recent Senate Bill (SB) 1383 regulations related to edible food recovery.
22-0175

2. Public Hearing of the City of Visalia’s intent to Adopt Resolution 2022-51 to Amend the Freeway Agreement for State Highway Route 198 from 0.2 Miles East of State Highway Route 99 to 1.5 Miles East of Lovers Lane, to incorporate recent freeway improvements including those at the Lovers Lane (State Route 216)/E. Mineral King Intersection, and changes to the City Limits. 22-0322

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3 City Council Meeting Agenda - Final September 6, 2022

3. Public Hearing and consideration of the following actions related to the project site located on two parcels situated between North Shirk Street and Road 88 (Clancy Street), 300 feet south of West Pershing Court (APN: 081-030-046, 080):

1. Certification of Initial Study / Mitigated Negative Declaration No. 2021-33 (Resolution No. 2022-52 required).

2. General Plan Amendment No. 2021-03: A request to amend the General Plan land use designations on two parcels totaling 50 acres, resulting in the removal of a Residential Very Low Density land use designation, addition to a Low Density Residential land use designation, and establishment of a Parks/Recreation land use designation. (Resolution No. 2022- 53 required).

3. Change of Zone No. 2021-04: A request to change the zoning on one parcel totaling 10 acres, resulting in the removal of a R1-20 (Single-family Residential 20,000 square foot minimum lot area) zone designation, addition to a R-1-5 (Single-family Residential 5,000 square foot minimum lot area) zone
designation, and establishment of a QP (Quasi-Public) zone designation. (First reading of Ordinance No. 2022-12 required.) 22-0325

4. Approve the appointment of Kelli Kincaid as Parks and Recreation Director.
22-0347

CLOSED SESSION REPORT

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

Buyer: City of Visalia
Seller: Harold Dean Clements, Trustee of the Survivor’s Trust APN: 12-262-026 (portion)
Purpose: Temporary Construction Easement
Brief Description: Caldwell Widening Project
Price: $500.00
Closing Date: 8/31/2022
Project Manager: Fred Lampe
Buyer: City of Visalia
Seller: Doris M. Gillam
APN: 12-262-026 (portion)
Purpose: Temporary Construction Easement
Brief Description: Caldwell Widening Project
Price: $500.00
Closing Date: 8/31/2022
Project Manager: Fred Lampe
22-0339

ADJOURNMENT

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4 City Council Meeting Agenda - Final September 6, 2022

1. Upcoming Council Meetings:

Monday, September 19, 2022 at 7:00 p.m. @ 707 W. Acequia Monday, October 3, 2022 at 7:00 p.m. @ 707 W. Acequia
22-0336

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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0328 Agenda Date: 9/6/2022 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Page 1 of 1 Printed on 9/2/2022
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0308 Agenda Date: 9/6/2022 Agenda #: 2.

Agenda Item Wording:

Authorize the City Manager to file a Notice of Completion for the FY 21-22 Reclamite project (CIP 1410- 72000/CP0248-999 & CIP 2730-72000/CP8358-999).

Deadline for Action: None.

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

Casey Chu, Assistant Engineer, [email protected], 713-4491 Chantha Chap, Civil Engineer, [email protected], 713-4418 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to file a Notice of Completion for the FY 21-22 Reclamite project.

Summary and Background:

The Reclamite project was developed based on the output from the Pavement Management Program in combination with field investigations. To increase the longevity of pavement surfaces, it is imperative for the City to perform the correct preventative maintenance treatment to streets at the appropriate time. Applying Reclamite at this life-stage of the selected streets is beneficial as it extends the pavement life at a relatively inexpensive price. Without this preventive maintenance, as streets deteriorate further, future maintenance becomes more expensive and more time consuming.

This iteration of the Reclamite project focused on specific streets located in the Southeast quadrant of the City as shown in the attached map. The contractor, Intermountain Slurry Seal, Inc. out of Reno, NV, completed the FY 21-22 Reclamite project within the contract time frame and budget without any change orders. The project was publicized through the City’s social media and the contractor’s own notification process, which minimized resident complaints.

Fiscal Impact:

This project was funded by Measure N and Landscape and Lighting Districts (L&L). Since L&L District funds cannot be used for other areas in the City, the project was separated into two:

CP0248 - Measure N (Fund 141)
CP8358 - L&L (Fund 273)
The Measure ‘N’ Reclamite Project for 2021 - 2022 (No. 1410-72000/CP0248-999) has a budget of $1,000,000. The L&L Reclamite Project for 2021 - 2022 (No. 2730-72000/CP8358-999) has a current budget of $342,253.28.

Visalia City Council Page 1 of 2 Printed on 9/2/2022
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File #: 22-0308 Agenda Date: 9/6/2022 Agenda #: 2.

Budget Summary: FY 21-22 Reclamite Project, CP0248 (Measure N Fund) Project Budget $1,000,000.00
Project Costs:

Construction Cost $850,409.86
Design Staff Time $3,758.24
Construction Staff Time $22,582.29
Material Testing $4,737.50
Total Project Cost $881,487.89
Project Budget Surplus (Measure N) $118,512.11
Budget Summary: FY 21-22 Reclamite Project, CP8358 (L&L Fund) Project Budget $342,253.28
Project Costs:

Construction Cost $65,505.14
Total Project Cost $65,505.14
Project Budget Surplus (L&L Fund) $276,748.14
Unexpended funds following completion of the project will be returned to their respective fund sources for future use.

Prior Council Action:

October 4, 2021: City Council authorized the City Manager to award the FY 21-22 Reclamite Project to Intermountain Slurry Seal, Inc. of Reno, NV in the amount of $915,915.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to file a Notice of Completion for the FY 21-22 Reclamite Project (CIP 1410-72000/CP0248-999 & CIP 2730-72000/CP8358-999).

Attachments:
1) Reclamite Project Map
2) Contractor Disclosure Form
Visalia City Council Page 2 of 2 Printed on 9/2/2022
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Rd 148
S Mooney Blvd
S Santa Fe St
S Lovers Lane
S G di d ni gs St
S Mc Auliff St
S Ben Maddox Way S Burke St
S West St
S Vis at St
S P ni kham St
S Garden St
Rd 152
S Divisadero St
S Visal ai Pkwy
S Court St S Locust St S Conyer St S Central St S Sowell St S Jacob St S V ni tage St S Encina St S Br di ge St S Vel ei St
S Oak Park St
S Goddard St
S Stonebrook St S Crowe St
S Bardo St
S Sal el e St
S Kennedy St
S Watson St S Thomas St S Kloth Dr
S Fairway St
S Cain St S Virmargo St
S Cotta St
S Simon St
S Reg ni a St
S Hall St S Dol nl er St
S Byrd St
S Crumal S
S
t
Verde V si ta St
S Sol St
S C al rk St
S Woodland St
S Meadowbrook St
S Johnson St
S Huntington St
S Church St S Liberty St S Stover St S Edison St S Tracy St S Dunworth St S T pi ot n St S T pi ton Ct
S Grand St S Elverta St
S Dayton St
S Laguna St
S Terri St
S Will si St S Hall Ct S Will si Ct
S Spruce St
S Bradley St S P ni nac el Ct S Michael St S Virmargo Ct S Green Oaks Dr
S Summit St
S Madsen St
Pr vi ate St
S Laguna Ct
S Clover St
S Jensen St
S Fai wr ay Ct
S Citrus Ct
S Stevenson Ct
S Manzanita St
S Edison St S Court St S Stevenson St
Alley S Dol nl er St S Conyer St Al el y S Enc ni a St
S Laguna St
S G di d ni gs St
S Wood al nd St
S Watson St S Hall St S Central St
Rd 152
S S mi on St
S Garden St
S Vista St S Ark el St
S Conyer St S Burke St S Cain St
S Bridge St S Ca ni St
S D vi isadero St S Johnson St S Dol nl er St
S Tipton St S Burke St S Cotta St
S Wood al nd St
S Will si St S Garden St S Tracy St
S Thomas St Page 1 of 2
9 Rd 132
N G di dings St
N Court St
N Mooney B vl d
Rio Ct
N Conyer St Rd 124
N Ranch St N D vi isadero St
N Ben Maddox Way
N Quail Dr
N Br di ge St
N E ml St N Crowe St N Duke St
N Ed si on S t
N Shady St N Fairway St
Pr vi ate St N Jacob Ct N Will si St N Turner Ct
N Santa Fe St
N Sallee St N Sal el e Ct N R ni a dl i Ct N Central St N Encina St
N Oak Park St
N Shady Ct N Park St
N Thomas St
N Sowell Ct N Summers St
N Woodland Ct N Hall St N Dayton St N Elm Ct
N Edison Ct
N Encina Ct N Turner St
N Duke Ct
N Church St
N Crowe Ct
N Clay St
N Zachary St N Central Ct
N Garcia St
N Dollner St N Dayton Ct N Jacob St
N Charter Oak Ct W Liberty St
N High al nd Ct N Willis Ct
N Verde Vista St N Shady St N Dol nl er St N Duke Ct
N Sowell Ct N D vi isadero St
N Santa Fe St
N Crowe St N Shady Ct N Zachary St
N Court St
N Fai wr ay St N Elm Ct N Shady Ct
N Br di ge St N Bridge St Page 2 of 2
10 11
12 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0309 Agenda Date: 9/6/2022 Agenda #: 3.

Agenda Item Wording:

Authorize the City Manager to file a Notice of Completion for the FY 21-22 Cape Seal Project (1410- 72000/CP0247-999, 2530-72000/CP0214-999 & 2420-72000/CP0411-999).

Deadline for Action: None.

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

Casey Chu, Assistant Engineer, [email protected], 713-4491 Chantha Chap, Civil Engineer, [email protected], 713-4418 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager , [email protected], 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to file a Notice of Completion for the FY 21-22 Cape Seal Project.

Summary and Background:

The Cape Seal project was developed based on the output from the Pavement Management Program in combination with field investigations. To increase the longevity of pavement surfaces, it is imperative for the City to perform the correct preventative maintenance treatment to streets at the appropriate time. Performing a cape seal treatment at this life-stage of the selected streets and trails is beneficial as it extends the pavement life at a relatively inexpensive price. Without this preventive maintenance, as asphalt surfaces deteriorate further, future maintenance becomes more expensive and more time consuming.

This iteration of the Cape Seal project was performed throughout the City as shown in the attached map focusing on both streets and trails. The contractor, VSS International of West Sacramento, CA, completed the FY 21-22 Cape Seal project within the contract time frame and budget without any change orders. The project was publicized through the City’s social media and the contractor’s own notification process, which minimized resident complaints.

Fiscal Impact:

This project was funded by Measure N (Fund 141), Waterways Maintenance (Fund 251), and Measure R Trailways (Fund 132). As these funds cannot be used interchangeably between one another, the project was separated into three:

CP0247 - Measure N: Streets
CP0411 - Measure R Trailways: Non-Riparian Trails
CP0214 - Waterways Maintenance: Riparian Trails
The Measure ‘N’ Cape Seal Project for 2021 - 2022 (CIP 1410-72000/CP0247-999) has a current budget of $970,000.00. The Measure R Trailways Trail Maintenance Project (CIP2420-72000/CP0411-999) has a current Visalia City Council Page 1 of 3 Printed on 9/2/2022
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File #: 22-0309 Agenda Date: 9/6/2022 Agenda #: 3.
$970,000.00. The Measure R Trailways Trail Maintenance Project (CIP2420-72000/CP0411-999) has a current budget of $200,000.00. The Waterways Maintenance Trail Maintenance Project (CIP 2530-72000/CP0214- 999) has a current budget of $150,000.00.

Budget Summary: FY 21-22 Cape Seal Project, CP0247 (Measure N) Project Budget $970,000.00
Estimated Project Costs:

Construction Cost $789,885.42
Design Staff Time $3,438.86
Construction Staff Time $6,423.13
Material Testing $2,513.00
Total Project Cost $802,260.41
Project Budget Surplus (Measure N) $167,739.59
Budget Summary: Trail Maintenance Project, CP0411 (Measure R Trailways) Project Budget $200,000.00
Estimated Project Costs:

Construction Cost $42,852.32
Total Project Cost $42,852.32
Project Budget Surplus (Measure R Trailways) $157,147.68 Budget Summary: Trail Maintenance Project, CP0214 (Waterways Maintenance) Project Budget $150,000.00
Estimated Project Costs:

Construction Cost $50,262.26
Total Project Cost $50,262.26
Project Budget Surplus (Waterways Maintenance) $99,737.74 Unexpended funds following completion of the project will be returned to their respective fund sources to be used for future pavement preservation projects.

Prior Council Action:

November 15, 2021: City Council authorized the City Manager to award the FY 21-22 Cape Seal Project to VSS International in the amount of $883,000.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to file a Notice of Completion for the FY 21-22 Cape Seal Project.

Visalia City Council Page 2 of 3 Printed on 9/2/2022
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File #: 22-0309 Agenda Date: 9/6/2022 Agenda #: 3.

Attachments:
1) Project Map
2) Contractor Disclosure Form
Visalia City Council Page 3 of 3 Printed on 9/2/2022
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E Houston Ave
N Cain St
E St Johns Pkwy
N Dinuba Blvd
N Lovers Lane
N Willis St
N Bridge St
N Highland St
Alley
Rd 132
N Court St
N Stevenson St
N Encina St
N West St
N Santa Fe St
N Vista St
NE 1st Ave
NE 3rd Ave
NE 2nd Ave
W Grove Ave
W Ferguson Ave
W Race Ave
NW 1st Ave
Grape St
Pearl St
N Virmargo St
NW 3rd Ave
N Goddard St
NW 2nd Ave
Private St
N Irma St
E Wren Ave
N Ben Maddox Way
E Riggin Ave
N Liberty St
N St Johns Pkwy
N Locust St
NE 4th Ave Granite St
W Vine Ave
N Enos St
W Houston Ave
E Vine Ct
W Robin Dr
E Sweet Ave
N Floral St
N Velie Ct
N Burke St
N Stover St
N Green St
W Sweet Ave
E Race Ave
N Edison St
N Gowdy St
E Douglas Ave
W Riggin Ave
W Harold Ave
N Tipton St
W Robin Ave
E Harold Ave
E Robin Ave
W Pershing Ave
W Prospect Ave
E Roosevelt Ave
E Margalo Ave
E Atkins Ave
N Maple St
W Wren Dr
E Chavez Ave
N Cato Ct
W Dove Ave
E Dove Ave
E Cecil Ave
E Grove Ave
N Tracy St
E Norman Dr
N Palm St
N Garden St
E Four Creeks Ave
E Ferguson Ave
E Sunnyview Ave
W Babcock Ave
NE 5th Ave
E Modoc Ave
E Harold Ct
E Delta Ave
NW 5th Ave
E Buena Vista Ave
E Pershing Ave
N Dunworth Ct
N Clark St
E Roosevelt Ct
W Lark Ct
N Cotta Ct
E Sycamore Ave
W Dove Ct
N Hermosa St
N Thomas St
E Stewart Ave
N Summers St
E Lark Ave
N Cotta St
E Riverbend Ct
N Edison Ct
N Bradley St
NW 4th Ave
N Michael St
N Locust Ct
N Arkle St
N Cedar Ct
E Parker Ct
W Perez Ave
E Woodsville Dr
E Prospect Ave
E Four Creeks Ct
E Vine Ave
E Delta Ct
N Mora Ct
E Elowin Ct
N Encina Ct
N Thomas Ct
E Magnolia Ct
E Oakridge Ave
N Moreno Ct
N Alder St
E Babcock Ave
E Babcock Ct
E Atkins Ct
E Chelsea Ct
W Lark Ave
E Arcata Ct
N Summers Ct
E Sweet Ct
E Woodsville Ct W Buena Vista Ave
N Church Ct
N Charter Oak Ct
N Kennedy St
W Liberty St
N Regina St
N Tipton Ct
E Ferguson Ct
N Dunworth St
N Hicks St
E Conway Ct
E Perez Ct
N Selina Ct
N Alder Ct
N Oakhurst Ct
E Douglas Ave
N Bradley St
N Highland St
Alley
E Sweet Ave
N Bridge St
E Sunnyview Ave
Alley
E Vine Ct
N Highland St
E Babcock Ave
N Ben Maddox Way
E Parker Ct
Alley
E Buena Vista Ave
Alley
N Court St
N Burke St
N Highland St
E Oakridge Ave
Private St
N Highland St
E Roosevelt Ave
E Sweet Ave
N Locust St
E Roosevelt Ct
E Houston Ave
N Edison St
E Ferguson Ave
Alley
N Court St
E Douglas Ave
E Ferguson Ave
E Ferguson Ct
E Four Creeks Ave
Alley
N Encina St
W Sweet Ave
E Vine Ct
E Vine Ct
N Irma St
N Bridge St
E Harold Ave
N Edison St
W Riggin Ave
E Prospect Ave
Alley
N Willis St E Race Ave
N Liberty St
N Enos St
E Douglas Ave
±
1 inch = 800 feet 4/13/2021
2021-2022 Visalia Cape Seal Map
Legend
Base BidAlternate BAlternate A
Alternate C

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16 Hwy 198
S Mooney Blvd
E K Ave
S Giddings St
W Whitendale Ave
S Santa Fe St
E Tulare Ave
S Ben Maddox Way E Walnut Ave W Walnut Ave
W Myrtle Ave
W Kaweah Ave
S Woodland St
S Garden St
S West St
S Divisadero St W Tulare Ave
W Vassar Ave
S Burke St
S Court St W Paradise Ave
E Noble Ave
S Locust St
W Howard Ave
S Central St
S Conyer St
W Laurel Ave
S Sowell St W Beverly Dr
E Monte Verde Ave
S Encina St
S Redwood St
S Jacob St
E Laurel Ave
E Cypress Ave
W Campus Ave E Myrtle Ave
W Feemster Ave
W Ashland Ave
S Mountain St
W Meadow Ave
E Kaweah Ave
W Harter Ave
S Oak Park St
W Beech Ave
E Laura Ave
S Terrace St
W Noble Ave
Alley
W College Ave
W Iris Ave
S Grant St
W Harvard Ave
W Dorothea Ave
S Crowe St
S Bardo St
W Royal Oaks Dr
S Sallee St
E Dorothea Ave
E Beech Ave
S Watson St
S Thomas St
S Bridge St
W Cambridge Ave
S Whitney St
S Kloth Dr
E Harter Dr
W Princeton Ave
W Evans Ave
W Mary Ave
S Linda Vista St W Dartmouth Ave
S Fairway St
W La Vida Ave
S Verde Vista St
S Cotta St
S Regina St
E La Salle Ave
S Kennedy St
E Copper Ave
S Dollner St
S County Center Dr
W Seeger Ave
S Beech Dr
S Willis St
W Monte Vista Ave
S Clark St
S Johnson St
S Huntington St
E La Vida Ave
S Stevenson St
E Vassar Ave
S Church St
E Seeger Ave
W Sunnyside Ave
S Liberty St
S Byrd St
W Laura Ave
E Hillcrest Dr
S Edison St
E Parkview Ave
S Tracy St
S Meadowbrook St
S Michael Ct
S Yale St
S Hall St
S Tipton Ct
W Sue Ave
S Harter Dr
S Sallee Ct
S Stover St
W Evergreen Ave
S Valley St
S Cain St
S Vintage St
S Shady St
W Orchard Ct
W Orchard Ave
S Dayton St
S Bonnie St
W Victor Ave
S Hillcrest Dr
S Oakhurst St
W Olive Ave
E Paseo Ave
W Country Ave
S Terri St
S Hall Ct
S Tipton St
S Willis Ct
E Mary Ave
E Mesa Ct
W Cherry Ct
S Enos St
W Country Ct
S Conyer Ct
S Bradley St
S Duke St
S Exeter Ct E Paradise Ave
W Green Oaks Dr
S Bradley Ct
S Pinnacle Ct
W Evergreen Ct
E Feemster Ave
W Pecan Ct
W Hemlock Ct
S Martin St
E La Vida Ct
W Cypress Ave
E Seeger Ct
S Michael St
S Tracy Ct
S Ross St
S Sheridan Ct
E Howard Ct
E Ashland Ct
E Cambridge Ave
E Evergreen Ct
E Laura Ct
E Harter Ct
W Cherry Ave
E Dorothea Ct
E Sunnyside Ct
E Rose Ct
W Ashland Ct
SE Sunnyside Ct
S Green Oaks Dr
W College Ct
E Sequoia Ave
S Oakhurst Ct
E Monte Vista Ave
S Clark Ct
E College Ct
E Country Ct
W Fairview Ct
E Iris Ave
E North View Ave
E South View Ave
S Clover St
E Westcott Ct
E Castleview Dr
S Fairway Ct
W Sunnyside Ct
S Terra Linda St
W Sequoia Ave
E Sunnyside Ave S Stevenson Ct
W Hemlock Ave
W La Vida Ct
W Princeton Ct
E Cherry Ct
S Edwards Ct
S Johnson Ct
E Copper Ct
W Howard Ct
W Paseo Ct
W Victor Ct
E Princeton Ave
W Blackmon Ct
S Sebastian Ct
W Feemster Ct
S Columbus Ct
S West Ct
S Grant Ct
S Stover Ct
W Chestnut Ct
W Mary Ct
S Bridge Ct
W Laura Ave
W Cambridge Ave
W Victor Ct
Hwy 198
S Stover St
E Monte Vista Ave
S Bridge St
S Johnson St
W Harvard Ave
S Willis Ct
W Dorothea Ave
S Central St
S Terrace St
W Princeton Ct
W Evans Ave
W Cherry Ct
S Jacob St
S Locust St
W Cambridge Ave
W Noble Ave
W Seeger Ave
S West St
W Howard Ave
S Cain St
S Dollner St
W Feemster Ave
W Victor Ave
S Watson St
W Iris Ave
S Burke St
E Paradise Ave
S Conyer Ct
S Court St
W Sunnyside Ave
E Myrtle Ave
W Sunnyside Ave
W Beech Ave
W Victor Ave
S Oakhurst Ct
S Encina St
W Paradise Ave
W Howard Ave
E Laura Ave
S Giddings St
S Redwood St
W Vassar Ave
S Dayton St
S Dollner St
S Woodland St
W Monte Vista Ave
S Clark St
S Church St
W Cherry Ct
S Stevenson St
S Dollner St
W Orchard Ct
S Redwood St
S Linda Vista St
W Laura Ave
S Stevenson St
W Cherry Ct
S Church St
S Tracy St
S Redwood St
S Liberty St
S Santa Fe St
S County Center Dr
S Bridge St
S Tipton St
S Cain St
S Johnson St
S Conyer St
S Sowell St
S Court St
W Ashland Ave
E Harter Ct
W Country Ct
Alley
S Cotta St
W Laura Ave
W Laurel Ave
S Thomas St
S Divisadero St
W Harter Ave
S Edison St
S Encina St
W Iris Ave
S Burke St
W Ashland Ct
W Harter Ave
S Martin St
S Edison St
W Tulare Ave S Garden St
W Iris Ave
S Sowell St
S Watson St
S Valley St
W Dorothea Ave
W Princeton Ave
W Beech Ave
S Conyer St S Conyer St W Evergreen Ave S Hall St
Hwy 198
E Noble Ave
W Cambridge Ave
W Mary Ave
S Burke St
W Meadow Ave
W Harvard Ave
S Fairway St
S Central St
±
1 inch = 1,000 feet 4/13/2021
2021-2022 Visalia Cape Seal Map
Legend
Base BidAlternate BAlternate A
Alternate C

Page 2 of 2 ends

17 CP214

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CP0214
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TYPICAL TRAIL WIDTH

MILLCREEK PKWY

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TRAIL CLASSIFICATION: RIPARIAN
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SCALE: 1":150'
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MINERAL KING AVE

MAIN ST

TYPICAL TRAIL WIDTH

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TRAIL CLASSIFICATION: RIPARIAN
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COURT ST

ST JOHNS PWKY
TYPICAL TRAIL WIDTH 1 TYPICAL TRAIL WIDTH 2
MODOC DITCH TRAIL SEGMENT - TYPICAL WIDTH 1 MODOC DITCH TRAIL SEGMENT - TYPICAL WIDTH 2 TRAIL CLASSIFICATION: RIPARIAN
20 CP214

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TRAIL SEGMENT 1
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PACKWOOD CREEK TRAIL SEGMENT 1
TRAIL CLASSIFICATION: RIPARIAN
21 CP214

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PINKHAM ST

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PACKWOOD CREEK TRAIL SEGMENT 2
TRAIL CLASSIFICATION: RIPARIAN
22 CP214

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TRAIL SEGMENT 3
CP0214
DATE: 3/31/21
SCALE: 1":400'
SHEET: 6 OF 7

LOVERS LN

TULARE AVE

TYPICAL TRAIL WIDTH

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RIO VISTA ST

PARADISE AVE
PACKWOOD CREEK TRAIL SEGMENT 3
TRAIL CLASSIFICATION: RIPARIAN
23 CP214

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TRAIL SEGMENT
CP0214
DATE: 3/31/21
SCALE: 1":850'
SHEET: 7 OF 7

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TYPICAL TRAIL WIDTH

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CALDWELL AVE
AVE 272

COURT ST

SANTA FE TRAIL SEGMENT
TRAIL CLASSIFICATION: NON-RIPARIAN
24 25
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0321 Agenda Date: 9/6/2022 Agenda #: 4.

Agenda Item Wording:

Authorization for the City Manager to utilize the Washington statewide contract for zero-emission transit buses to enter into a contract in the amount of $2,421,736.60 with Gillig LLC. of Livermore, CA for the purchase of two (2) 35' Battery Electric Buses (BEB) for fixed route service, including the purchase and installation of bus chargers (CIP VH0261).

Deadline for Action: 9/6/2022 - Quote validation.

Submitting Department: Administration - Transit
Contact Name and Phone Number:

Caleb Bowman, Transit Management Analyst, [email protected], (559) 713-4594 Angelina Soper, Transit Manager, [email protected], (559) 713-4591 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff is recommending that City Council authorize the City Manager to utilize the Washington statewide contract for zero-emission transit buses to enter into a contract for the purchase of two (2) BEB for fixed route service from Gillig LLC. of Livermore, CA in the amount of $1,111,684 per bus plus the chargers and installation in the amount of $198,368.60 with the contract total of $2,421,736.60.

Background Discussion:

Transit currently operates thirty-six (36) fixed route buses, twenty-six (26) buses are required to support peak demand on the routes that service City of Visalia, community of Goshen, City of Farmersville, and City of Exeter. Currently the fixed route fleet has an average age of nine (9) years, with half of the buses being over twelve (12) years old, which is past their useful life. The useful life is determined by age and mileage requirements set by the Federal Transit Administration (FTA). FTA has determined that heavy-duty large buses (fixed route, 35-48-foot buses) have a useful life of 12- years and/or 500,000 miles. Buses past their useful life tend to have more failures, making them less reliable and more expensive to operate.

The two (2) Gillig BEB would replace two (2) 2008 model years compressed natural gas (CNG) fixed routed buses with over 500,000 miles which have outlived their useful lives. The details of each vehicle to be replaced under this project are listed below in Table 1 “Replacement Vehicle Details”.

Visalia City Council Page 1 of 4 Printed on 9/2/2022
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File #: 22-0321 Agenda Date: 9/6/2022 Agenda #: 4.

Table 1
Replacement Vehicle Details
Fleet # Fixed
Asset #
Mfr.

Year
Bus
Make
Fuel
Type
Length
(ft.)
No. of
Seats
Date InServiceAge Useful
Life
(yrs.)
Odometer
Reading
(mi.)
Useful
Life (mi.)
6269 F11432 2008 Orion CNG 35 32 10/14/2008 13.8 12 594,653 500,000 6270 F11434 2008 Orion CNG 35 32 10/14/2008 13.8 12 581,781 500,000 State Requirement to go Electric:

In December 2018, California Air Resource Board’s (CARB) adopted the Innovative Clean Transit (ICT) regulation requiring small transit agencies, less than 100 buses in max service, to have 25% of bus purchases be Zero-Emission Buses (ZEB) by 2026, 100% by 2029. The two options for ZEB are BEB and hydrogen fuel cell buses. Hydrogen fuel cell buses require costly infrastructure, real estate requirements for the storage equipment, and fuel supply restrictions or production. The City has chosen a BEB path due to the lower cost of infrastructure and real estate requirements. Transit has created a fleet replacement plan to comply with this regulation. Agencies without a plan to comply will see a decrease to Operating and Capital funding which Transit relies on to provide service.

Without receiving the State and Federal funding, more local dollars will be required to maintain the City’s transit service. This replacement is part of the Transit Fleet Replacement Plan put in place by the Short-Range Transit Plan (SRTP) to replace fixed route buses that have outlived their useful life, while also progressing towards zero emission fleet status.

Pandemic Impacts:

Since the beginning of the pandemic in March 2020, Transit has seen a fluctuating decrease of 30%- 50% in ridership. In the recent months, ridership has been steadily increasing and is around 50% of 2019, pre-pandemic, ridership. It is uncertain if the decrease in ridership will sustain, nor has FTA given any guidance to agencies to reduce vehicle size due to reduction in ridership. Therefore, staff recommends replacing the retiring buses with the same size electric bus. Due to Transit ridership and street restrictions, 35-foot buses are what is currently operated on the fixed route service. The 35-foot bus holds about thirty-five (35) seated passengers. Staff will further evaluate ridership and regulations before bringing back future bus purchase requests.

Manufacture Diversity:

Currently Transit is operating seven (7) Proterra BEB from two separate orders. Transit has encountered quality issues and the buses not performing as anticipated in our service area. With advancements in BEB technology, battery technology has improved the energy density and propulsion motors efficiency since the original order with Proterra in 2018 & 2020. An order for two (2) 35’ New Flyer BEB was approved in April 2022 and is currently on order. Transit is requesting to purchase two (2) BEB from a new manufacturer, Gillig, on this order. Staff will be comparing Gillig and New Flyer buses to the existing Proterra buses to determine which manufacture is best able to meet the range, climate, and geographic demands of our service area. Transit is not wanting to purchase too many of one manufacturer in case their vehicles do not meet the requirements as seen with the Proterra buses. Two buses from each manufacturer will be sufficient to analyze their performance. Transit will run the three different manufacturers on each route to compare their performance. Once that analysis is completed, Transit will bring the results to Council along with a recommended path moving forward with the next bus purchase.

Visalia City Council Page 2 of 4 Printed on 9/2/2022
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File #: 22-0321 Agenda Date: 9/6/2022 Agenda #: 4.

Acquisition Through Assigned Contract Rights or “Piggybacking” Requirements Transit will utilize the Washington State Department of Enterprise Services contract 06719-01 with Gillig LLC. of Livermore, CA. The FTA has allowed government agencies to piggyback other states and consortium’s contracts. It is up to the agency to confirm that the solicitation contains the proper clauses and certifications as identified in FTA Circular 4220.1F, Appendix D. The agency must determine if the venders is found to be responsive and responsible by confirming all required documents and certification were submitted with their original proposal. Before proceeding with the assignment, the agency seeking the assignment must review the original contract to be sure that the quantities the assigning agency acquired, together with the quantities the acquiring agency seeks, do not exceed the amounts available under the assigning agency’s contract. Agencies do not need to perform a second price analysis if one was performed for the original contract. FTA does, however, expect the agency to determine whether the contract price or prices that were established under the original agreement are still fair and reasonable. Also, agencies using assigned contract rights are separately responsible for ensuring that the contractor complies with FTA’s Buy America requirements for the assigned quantities.

Fiscal Impact:

The funding for this bus purchase is currently appropriated in Capital Improvement Project (CIP) VH0261, which has a total budget of $2,421,740 for two buses. Another CIP exists to replace two additional buses, but as mentioned before, Transit does not want to purchase too many buses from a single manufacturer until staff has time to assess the performance of each bus manufacturer. Transit will hold off on purchasing the additional two buses until staff is able to analyze the buses from the different manufacturers. Currently, bus manufacturers are estimating a 16-18-month delivery time frame due to supply chain issues which is longer than the 12-14 months prior to the pandemic.

Funding Breakdown:

The grant allocations and appropriations in the current CIP VH0261 budget for this purchase are shown below in Table 2 “Gillig BEB Purchase”.

Table 2
Gillig BEB Purchase
Funding Source Allocation
CMAQ $1,750,000
LTF $ 671,740
Total Project $2,421,740
On March 30, 2022, California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP) re-opened its voucher request in a new funding opportunity totaling nearly $430 million for zero emission fleet vehicle. HVIP has $65.5 million set-aside for public transit ZEB purchases. Not all the HVIP funding was exhausted in the first 24-hours for transit buses. The voucher program remains open until funding is exhausted. As of August 10, 2022, there is still $49 million in funding available for transit ZEBs. Each voucher will reduce the cost of each bus by at least $120,000. If funding is still available after Council authorizes this purchase, Transit will apply for an HVIP voucher for both buses. If Transit receives the vouchers for the two buses, it will reduce the City’s local match, Local Transit Funds (LTF), for this project by at least $240,000, as shown below in Table 3 “Gillig BEB Purchase w/ HVIP Vouchers”.

Visalia City Council Page 3 of 4 Printed on 9/2/2022
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File #: 22-0321 Agenda Date: 9/6/2022 Agenda #: 4.

Table 3
Gillig BEB Purchase w/ HVIP Vouchers
Funding Source Allocation Amendment Revised Budget
CMAQ $1,750,000 $1,750,000
LTF $671,740 ($240,000) $431,740
HVIP Vouchers* $240,000 $240,000
Total Project $2,421,740 $2,421,740
*If HVIP vouchers are still available once awarded.

Prior Council Action:

April 18th, 2022 - Agenda Item 22-0141, Council authorized the City Manager to utilize the California statewide contract for zero-emission transit buses to purchase two battery electric buses and associated charging stations from New Flyer of North America Inc. in the amount of $2,213,667.

April 18th, 2022 - Agenda Item 22-0163, Council approved staff to accept CMAQ funding in the amount of $1,750,000 from TCAG for the purchase of future buses.

Other:

None.

Alternatives:

Council can choose to reject this order which will delay the fleet replacement schedule.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to utilize the Washington statewide contract for zero-emission transit buses to purchase two battery electric buses and associated charging stations from Gillig LLC. of Livermore, CA in the amount of $2,421,736,60.

Environmental Assessment Status:

None.

CEQA Review:

None.

Attachments:
1) City of Visalia - Quote Visalia BEB 20220808
2) Visalia ABB Quote (7-25-22)
Visalia City Council Page 4 of 4 Printed on 9/2/2022
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August 8, 2022
Mr. Caleb Bowman
Transit Management Analyst
City of Visalia - Transit
425 E. Oak Ave., Suite 301
Visalia, CA 93291
Dear Mr. Bowman,
Thank you for your interest to purchase TWO (2) 35’ Low Floor Plus Battery Electric Buses through the State of Washington RFP#2020 06719-01.

Attached you will find the State of Washington RFP price tabulation that would pertain to the City of Visalia order. GILLIG is pleased to quote the following:

TWO (2) 35’X102” LOW FLOOR BATTERY ELECTRIC BUSES $1,111,684.00 EA This price is valid for 30 days. Prices exclude registration and license fees but does include CA Sales Tax (8.5% adjusted to 4.5625%). The production of your buses can be scheduled within 20-22 months from receipt of purchase order. To maintain this production schedule, we will require a firm purchase order within 30 days.

We thank you for this opportunity and appreciate your interest in GILLIG and our products.

We certainly look forward to working with the City of Visalia and in so doing, continuing to build our long-term partnership. Should you have any questions, please do not hesitate to contact me.

Sincerely,
Sean Solis
Sean Solis
Regional Sales Manager
cc: William F. Fay, Jr.

Javier Hernandez, Jr.
30 CONFIDENTIAL

ITEM STATE OF WASHINGTON, WA CITY OF VISALIA, CA VARIANCE

BRT STYLING LOW FLOOR PLUS LOW FLOOR PLUS -

CUMMINS EV TRACTION MOTOR,

INVERTERS & POWER

MANAGEMENT SYSTEMS

INCLUDED REQUIRED -

ESS ENERGY STORAGE SYSTEM
WITH 6 BATTERY PACKS
(588 KWH TOTAL CAPACITY)
INCLUDED 7TH BATTERY PACK FOR (686 KWH
TOTAL BATTERY CAPACITY) 53,776.00

DEPOT PLUG-IN CHARGING PORT
PER SAE J1772
(1) CCS TYPE 1 CONNECTOR
(REAR - CURBSIDE)
(1) CCS TYPE 1 CONNECTOR
(REAR - CURBSIDE) -

OVERHEAD DROP DOWN

PANTOGRAPH CHARGE RAILS NOT INCLUDED NOT REQUIRED -

COOLANT FILTER STD FLEETGUARD STD FLEETGUARD -

ENGINE FUEL FILTER NOT INCLUDED NOT REQUIRED -

ALTERNATOR NOT INCLUDED NOT REQUIRED -

ENGINE BLOCK HEATER NOT INCLUDED NOT REQUIRED -

AIR RESTRICTION INDICATOR NOT INCLUDED NOT REQUIRED -

RADIATOR NOT INCLUDED NOT REQUIRED -

E-COAT RAD/CAC NOT INCLUDED NOT REQUIRED -

RADIATOR TANK GUARD NOT INCLUDED NOT REQUIRED -

ENGINE OIL EXTRACTOR PORT NOT INCLUDED NOT REQUIRED -

ENGINE OIL DRAIN NOT INCLUDED NOT REQUIRED -

TRANS OIL EXTRACTOR PORT NOT INCLUDED NOT REQUIRED -

BRAKES DISC BRAKES DISC BRAKES -

MERITOR FRONT & REAR AXLES INCLUDED REQUIRED -

AXLE HUB SEALS GREASE SEALS OIL SEALS -

MAGNETIC AXLE DRAIN PLUGS INCLUDED REQUIRED -

ELECTRONIC STABILITY CONTROL INCLUDED REQUIRED -

AUTOMATIC TRACTION CONTROL INCLUDED REQUIRED -

HILL HOLD SWITCH NOT INCLUDED NOT REQUIRED -

HUBODOMETER NOT INCLUDED NOT REQUIRED -

HUBODOMETER GUARD NOT INCLUDED NOT REQUIRED -

WHEEL MOUNTING HUB PILOTED HUB PILOTED -
WHEELS (6) FULL POLISHED

ALUMINUM WHEELS
(7) FULL POLISHED

ALUMINUM WHEELS

W/ DURA BRIGHT
2,356.00

DURAFLANGE WHEELS NOT INCLUDED NOT REQUIRED -

TIRES CUSTOMER SUPPLIED CUSTOMER SUPPLIED -

ELECTRIC STEERING ASSIST NOT INCLUDED NOT REQUIRED -

VIP TEXTURED STEERING WHEEL NOT INCLUDED NOT REQUIRED -

DROP DOWN AUTOMATIC CHAINS NOT INCLUDED NOT REQUIRED -

DIESEL FILL NOT INCLUDED NOT REQUIRED -

DASH FUEL GAUGE NOT INCLUDED NOT REQUIRED -

OIL PRESSURE & COOLANT TEMP

GAUGES IN REAR RUN BOX ELECTRIC - FORSTER GAUGE ELECTRIC - FORSTER GAUGE -

SWAT SWITCH NOT INCLUDED NOT REQUIRED -

ELECTRICAL TOW CONNECTION INCLUDED REQUIRED -

ELECTRIC HYDRAULIC PUMP INCLUDED REQUIRED -

AD-IP AIR DRYER FOR EBUS

APPLICATION INCLUDED REQUIRED -
ENGINE SKID PROTECTION NOT INCLUDED REQUIRED W/ EXTENDED TOW EYES 377.00 A-POST SKID PLATES NOT INCLUDED CS & SS 179.00

HORN SPLASH SHIELD NOT INCLUDED NOT REQUIRED -

REAR HAND THROTTLE NOT INCLUDED NOT REQUIRED -
LEVEL 2 INSULATION INCLUDED REQUIRED -
BATTERY TYPE (2) ODYSSEY AGM GROUP 31 (2) ODYSSEY AGM GROUP 31 -

BATTERY JUMP START CONN INCLUDED
(REAR CONNECTION)

REQUIRED
(FRONT & REAR CONNECTION) 98.00
WHEELCHAIR RAMP LIFT-U LU18 LIFT-U LU18 -
TK ELECTRIC HVAC SYSTEM TE18 INCLUDED REQUIRED -

PRICE VARIANCE
8/8/2022
CITY OF VISALIA, CA (PIGGYBACK - STATE OF WASHINGTON RFP# 2020 06719-01) (2) 35' BATTERY ELECTRIC BUSES, SN: TBD
PAGE 1 OF 4 31

CONFIDENTIAL

ITEM STATE OF WASHINGTON, WA CITY OF VISALIA, CA VARIANCE

PRICE VARIANCE
8/8/2022
CITY OF VISALIA, CA (PIGGYBACK - STATE OF WASHINGTON RFP# 2020 06719-01) (2) 35' BATTERY ELECTRIC BUSES, SN: TBD

TK HVAC AIR PURIFICATION SYSTEM NOT INCLUDED NOT REQUIRED -

REFRIGERANT PRESSURE

DISPLAY NOT INCLUDED NOT REQUIRED -

DRIVERS HEATER MOTORS BRUSHLESS BRUSHLESS -

FRESH AIR MAKE-UP NOT INCLUDED NOT REQUIRED -

STREET SIDE FLOOR HEATER NOT INCLUDED NOT REQUIRED -

EBUS COLD WEATHER FRONT

THRESHOLD HEATER AND REAR

CURB SIDE HEATER

NOT INCLUDED NOT REQUIRED -

EBUS COLD WEATHER PACKAGE W/

DIESEL & ELECTRIC FIRED

AUXILIARY COOLANT HEATER

NOT INCLUDED NOT REQUIRED -

WARM WALL HEATER NOT INCLUDED NOT REQUIRED -
DASH FAN(S) NOT INCLUDED (2) REQUIRED 178.00
SENSTIVE EDGE NOT INCLUDED REQUIRED 278.00
REAR DOOR 34" AIR OPEN/SPRING CLOSE 34" AIR OPEN/AIR CLOSE -

REAR DOOR CONTROLS FULL DRIVER CONTROL FULL DRIVER CONTROL -

VAPOR ELECTRONIC DOOR

CONTROL W/ BUTTONS NOT INCLUDED NOT REQUIRED -
EXTERIOR FRONT DOOR RELEASE NOT INCLUDED REQUIRED 165.00 ELECTRICAL EQUIPMENT CABINET 44" W/(2) FANS 44" W/(2) FANS -

ELECTRICAL EQUIPMENT CABINET

INTERIOR LIGHTS INCLUDED REQUIRED -

CS WHEELWELL STORAGE BOX NOT INCLUDED NOT REQUIRED -

FRONT CS WHEELWELL
PACKAGE RACK NOT INCLUDED REQUIRED 125.00
PASSENGER INFO STATION NOT INCLUDED OBIC 19/21 4P 1 LTR MC 450.00

SCHEDULE RACKS NOT INCLUDED NOT REQUIRED -

EXTERIOR AD FRAMES NOT INCLUDED NOT REQUIRED -
PASSENGER SEATS AMSECO INSIGHT W/ A.R.M ,

Q'STRAINT RESTRAINTS

AMSECO INSIGHT CLASSIC
W/ VR 50 ONSERTS,

ARM'S & QSTRAINT BELTS &

CLEARRIDE ANTIMICROBIAL

TREATMENT
7,920.00

GEN II QUANTUM (CURBSIDE) NOT INCLUDED NOT REQUIRED -

SEAT MOUNTED USB PORTS NOT INCLUDED NOT REQUIRED -

FRONT WHEELWELL
VERTICAL STANCHIONS NOT INCLUDED REQUIRED - STREETSIDE & CURBSIDE 250.00

DRIVERS SEAT RECARO ERGO METRO W/ HEADREST
& 2-PT BLACK BELT

RECARO ERGO METRO W/ HEADREST
& 2-PT BLACK BELT -

SEAT BELT ALARM NOT INCLUDED NOT REQUIRED -

SEAT CUSHION ALARM NOT INCLUDED NOT REQUIRED -
LIQUICELL SEAT CUSHION FOAM NOT INCLUDED REQUIRED 450.00

SEAT ARMREST NOT INCLUDED NOT REQUIRED -
PASSENGER SIGNALS PULL CORDS TOUCH TAPE 1,116.00

STOP REQUEST AT REAR DOOR
STANCHION NOT INCLUDED REQUIRED 200.00
STOP REQUEST LAMP AT DASH NOT INCLUDED REQUIRED 38.00

DRIVERS BARRIER WRAPAROUND

W/OUT SCHEDULE HOLDERS

WRAPAROUND

W/OUT SCHEDULE HOLDERS -

DRIVERS PROTECTION BARRIER NOT INCLUDED NOT REQUIRED -

MODESTY PANEL REAR OF

REAR DOOR W/ UPPER PLEXIGLASS

PANEL CS & SS

NOT INCLUDED NOT REQUIRED -
OVERHEAD GRAB STRAPS NOT INCLUDED (8) REQUIRED 200.00

STANCHIONS YELLOW POWDER COATED SSTL -

PASSENGER WINDOWS STD FRAME / UPPER TRANSOM BONDED FRAME / FULL FIXED (W/ THERMOGUARD TREATMENT) 37,988.00
GLAZING GUARDS NOT INCLUDED ACRYLIC FILM 938.00

HEAD LAMPS LED LOW & HIGH BEAMS LED LOW & HIGH BEAMS -
PAGE 2 OF 4 32

CONFIDENTIAL

ITEM STATE OF WASHINGTON, WA CITY OF VISALIA, CA VARIANCE

PRICE VARIANCE
8/8/2022
CITY OF VISALIA, CA (PIGGYBACK - STATE OF WASHINGTON RFP# 2020 06719-01) (2) 35' BATTERY ELECTRIC BUSES, SN: TBD
STOP/TAIL/TURN/BACK UP LAMPS 4" ROUND DIALIGHT LED 4" ROUND DIALIGHT LED -

REAR CAP GRILLE LOWER CENTER
STOP LAMPS (2) 4" RED LED LAMPS (2) 4" RED LED LAMPS -

BRAKE LAMPS ON REAR
ENGINE DOOR NOT INCLUDED (2) 18" DIALIGHT STRIP LAMPS 100.00

REAR AUXILIARY TURN SIGNALS NOT INCLUDED NOT REQUIRED -

YIELD SIGN NOT INCLUDED NOT REQUIRED -
EXTERIOR PORCH LAMPS NOT INCLUDED BOTH DOORS 250.00
BATTERY COMPARTMENT LAMPS (1) LED 12" STRIP LAMP (1) LED 12" STRIP LAMP -

INTERIOR LAMPS LED I/O CONTROLS LED I/O CONTROLS -

PLEASURE RADIO NOT INCLUDED NOT REQUIRED -
2-WAY RADIO & ANTENNA PRE-WIRE W/ANTENNA GILLIG TO PROVIDE AND INSTALL KENWOOD NX 3720 HG W/ ANTENNA 1,759.00
INTERIOR SPEAKERS *(6) *(8) 135.00

PA SYSTEM/VOICE ANNUCIATOR STD REI STD REI -

CAD / AVL ITS SYSTEM NOT INCLUDED SYNCROMATICS ITS SYSTEM W/ HELLA APC FOR BOTH DOORS 29,305.00

DRIVERS SPEAKER NOT INCLUDED NOT REQUIRED -

HAND HELD MIC INCLUDED REQUIRED -

BOOM MIC INCLUDED REQUIRED -

HEATED FRONT GLAZING NOT INCLUDED NOT REQUIRED -

DESTINATION SIGNS TWIN VISION AMBER
(FRONT, SIDE & REAR)

HANOVER WHITE
(FRONT 24X200, CURB SIDE & REAR) 2,286.00

FRONT RUN SIGN NOT INCLUDED NOT REQUIRED -
FAREBOX PRE-WIRE ONLY GFI FASTFARE 41"
(BUDGETARY ONLY) 25,000.00

FAREBOX GUARD INCLUDED REQUIRED -
CEILING MTD FAREBOX LAMP NOT INCLUDED REQUIRED 88.00

TRANSFER CUTTER NOT INCLUDED NOT REQUIRED -

PASSENGER COUNTER NOT INCLUDED HELLA APC
(INCLUDED W/ ITS SYSTEM) -
TELAMATICS SYSTEM 2-YEAR SUBSCRIPTION VIRICITI

CLOUD BASED SYSTEM
2-YEAR SUBSCRIPTION VIRICITI

CLOUD BASED SYSTEM -

FULL COMPOSITE FLOOR INCLUDED REQUIRED -

FLOORING MATERIAL ALTRO ALTRO -
INTERIOR TRIM ON STEPS RUBBER SSTL 855.00
ROOF HATCHES (1) REAR MANUAL (1) REAR MANUAL -
EXTERIOR MIRRORS 8" X 8" 1-PC,

NON-HEATED W/ REMOTE
8"X11" 2 PIECE

W/ REMOTE & HEATED W/ TURN

SIGNAL INDICATORS IN GLAZING
574.00

FIRE SUPRESSION
WITHOUT ESS SUPRESSION AMEREX V-25 W/24 HR BATTERY AMEREX V-25 W/24 HR BATTERY -

TRAFFIC LIGHT PREEMPTION NOT INCLUDED NOT REQUIRED -

VIDEO SURVEILLANCE NOT INCLUDED
REI 12-CAMERA SYSTEM W/ 2 TB HDD

W/ REAR VIEW CAMERA TO DISPLAY

ON DASH MFD II
9,632.00

BACK UP CAMERA W/ DISPLAYED

ON DASH MOUNTED MFD II NOT INCLUDED INCLUDED W/REI VIDEO SYSTEM -

BIKE RACK SPORTWORKS

MOUNTING BRACKETS ONLY

SPORTWORKS
APEX 2 BLACK POWDER COAT 1,293.00

BIKE RACK MIRROR NOT INCLUDED NOT REQUIRED -

BIKE RACK DEPLOYED LAMP -
DRIVERS DASH NOT INCLUDED REQUIRED 200.00

MEDICAL AID KIT NOT INCLUDED NOT REQUIRED -

BLOODBORN PATHOGEN KIT NOT INCLUDED NOT REQUIRED -

BIO-HAZARD KIT NOT INCLUDED NOT REQUIRED -

WHEEL CHOCKS (SET) NOT INCLUDED NOT REQUIRED -

ELECTRONIC MFD MULTI

FUNCTIONDASH DISPLAY (MFD II) INCLUDED REQUIRED -
PAGE 3 OF 4 33

CONFIDENTIAL

ITEM STATE OF WASHINGTON, WA CITY OF VISALIA, CA VARIANCE

PRICE VARIANCE
8/8/2022
CITY OF VISALIA, CA (PIGGYBACK - STATE OF WASHINGTON RFP# 2020 06719-01) (2) 35' BATTERY ELECTRIC BUSES, SN: TBD
12V POWER PORT AT DASH NOT INCLUDED NOT REQUIRED -

CUP HOLDER NOT INCLUDED NOT REQUIRED -
WASTE CONTAINER NOT INCLUDED SSTL REQUIRED 170.00

I/O PROGRAM MODULE NOT INCLUDED NOT REQUIRED -

ADJUSTABLE PEDALS NOT INCLUDED NOT REQUIRED -
EXTERIOR PAINT 1-COLOR 4-COLORS 6,450.00
CLEAR COAT NOT INCLUDED REQUIRED 1,800.00

EXTERIOR GRAPHICS BUS NUMBERS ONLY

VISALIA, CA CUSTOM GRAPHICS &

LOGOS (SAME DESIGN AS VISALIA
BUS #187632)
4,714.00

ROOF NUMBERS INCLUDED REQUIRED -
WARRANTY - (BASIC BUS) 24 MONTHS / 100,000 MILES 24 MONTHS / 100,000 MILES -

WARRANTY - (STRUCTURAL
INTEGRITY CORROSION) 144 MONTHS / 500,000 MILES 144 MONTHS / 500,000 MILES -

WARRANTY - ESS (BATTERIES)
(W/ 7TH BATTERY PACK) 72 MONTHS / 300,000 MILES 72 MONTHS / 300,000 MILES - WARRANTY - (TRACTION MOTOR) 36 MONTHS / 100,000 MILES 36 MONTHS / 100,000 MILES - WARRANTY - (HVAC TK ELECTRIC) 36 MONTHS / UNL MILES 36 MONTHS / UNL MILES -

WARRANTY - (ALL OTHERS) BASE COVERAGE PER CONTRACT BASE COVERAGE PER CONTRACT -

TRAINING - MAINTENANCE NOT INCLUDED NOT REQUIRED -
TOTAL VISALIA, CA VARIANCES 191,693.00
STATE OF WASHINGTON, WA 35' BATTERY ELECTRIC BASE UNIT PRICE (APRIL 2021) 808,816.00 DELIVERY 3,500.00
VISALIA, CA 35' BATTERY ELECTRIC BASE UNIT PRICE 1,004,009.00

SPARE / TOOLING BUDGET -
PPI 1413 ADJUSTMENT PER WA STATE CONTRACT AMENDMENT #1= (11.78%) ONE TIME REDUCTION TO (6%) 60,241.00 VISALIA, CA 35' BATTERY ELECTRIC ADJUSTED CURRENT PRICE (8/8/2022) 1,064,250.00 NON-TAXABLE ADA EQUIPMENT 21,095.00
DELIVERY 3,500.00
FAIRFIELD, CA NON-TAXABLE ITEMS 24,595.00
VISALIA, CA 40' BATTERY ELECTRIC UNIT PRICE (NON-TAXED) 1,064,250.00 VISALIA, CA NON-TAXABLE ITEMS (24,595.00)
VISALIA, CA 40' BATTERY ELECTRIC TAXABLE PRICE 1,039,655.00 ADD CALIFORNIA SALES TAX - FAIRFIELD, CA (8.5% ADJUSTED TO 4.5625% ZERO EMISSION) 47,434.00 VISALIA, CA NON-TAXABLE ITEMS 24,595.00
VISALIA, CA 40' BEB CURRENT UNIT PRICE, W/ DELIVERY, CA SALES TAX (8/8/2022) 1,111,684.00

CONFIDENTIAL
This pricing information is intended only for the personal and confidential use of the recipient(s) to whom it was originally sent. If you are not an intended recipient of this information or an agent responsible for delivering it to an intended recipient, you are hereby notified that you have received this information in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited.

NON -TAXABLE ITEMS CALCULATIONS

CURRENT BUS PRICE CALCULATIONS INCLUDING CA SALES TAX
PAGE 4 OF 4 34

CONFIDENTIAL

ITEM STATE OF WASHINGTON, WA CITY OF VISALIA, CA VARIANCE

BRT STYLING LOW FLOOR PLUS LOW FLOOR PLUS -

CUMMINS EV TRACTION MOTOR,

INVERTERS & POWER

MANAGEMENT SYSTEMS

INCLUDED REQUIRED -

ESS ENERGY STORAGE SYSTEM
WITH 6 BATTERY PACKS
(588 KWH TOTAL CAPACITY)
INCLUDED 7TH BATTERY PACK FOR (686 KWH
TOTAL BATTERY CAPACITY) 53,776.00

DEPOT PLUG-IN CHARGING PORT
PER SAE J1772
(1) CCS TYPE 1 CONNECTOR
(REAR - CURBSIDE)
(1) CCS TYPE 1 CONNECTOR
(REAR - CURBSIDE) -

OVERHEAD DROP DOWN

PANTOGRAPH CHARGE RAILS NOT INCLUDED NOT REQUIRED -

COOLANT FILTER STD FLEETGUARD STD FLEETGUARD -

ENGINE FUEL FILTER NOT INCLUDED NOT REQUIRED -

ALTERNATOR NOT INCLUDED NOT REQUIRED -

ENGINE BLOCK HEATER NOT INCLUDED NOT REQUIRED -

AIR RESTRICTION INDICATOR NOT INCLUDED NOT REQUIRED -

RADIATOR NOT INCLUDED NOT REQUIRED -

E-COAT RAD/CAC NOT INCLUDED NOT REQUIRED -

RADIATOR TANK GUARD NOT INCLUDED NOT REQUIRED -

ENGINE OIL EXTRACTOR PORT NOT INCLUDED NOT REQUIRED -

ENGINE OIL DRAIN NOT INCLUDED NOT REQUIRED -

TRANS OIL EXTRACTOR PORT NOT INCLUDED NOT REQUIRED -

BRAKES DISC BRAKES DISC BRAKES -

MERITOR FRONT & REAR AXLES INCLUDED REQUIRED -

AXLE HUB SEALS GREASE SEALS OIL SEALS -

MAGNETIC AXLE DRAIN PLUGS INCLUDED REQUIRED -

ELECTRONIC STABILITY CONTROL INCLUDED REQUIRED -

AUTOMATIC TRACTION CONTROL INCLUDED REQUIRED -

HILL HOLD SWITCH NOT INCLUDED NOT REQUIRED -

HUBODOMETER NOT INCLUDED NOT REQUIRED -

HUBODOMETER GUARD NOT INCLUDED NOT REQUIRED -

WHEEL MOUNTING HUB PILOTED HUB PILOTED -
WHEELS (6) FULL POLISHED

ALUMINUM WHEELS
(7) FULL POLISHED

ALUMINUM WHEELS

W/ DURA BRIGHT
2,356.00

DURAFLANGE WHEELS NOT INCLUDED NOT REQUIRED -

TIRES CUSTOMER SUPPLIED CUSTOMER SUPPLIED -

ELECTRIC STEERING ASSIST NOT INCLUDED NOT REQUIRED -

VIP TEXTURED STEERING WHEEL NOT INCLUDED NOT REQUIRED -

DROP DOWN AUTOMATIC CHAINS NOT INCLUDED NOT REQUIRED -

DIESEL FILL NOT INCLUDED NOT REQUIRED -

DASH FUEL GAUGE NOT INCLUDED NOT REQUIRED -

OIL PRESSURE & COOLANT TEMP

GAUGES IN REAR RUN BOX ELECTRIC - FORSTER GAUGE ELECTRIC - FORSTER GAUGE -

SWAT SWITCH NOT INCLUDED NOT REQUIRED -

ELECTRICAL TOW CONNECTION INCLUDED REQUIRED -

ELECTRIC HYDRAULIC PUMP INCLUDED REQUIRED -

AD-IP AIR DRYER FOR EBUS

APPLICATION INCLUDED REQUIRED -
ENGINE SKID PROTECTION NOT INCLUDED REQUIRED W/ EXTENDED TOW EYES 377.00 A-POST SKID PLATES NOT INCLUDED CS & SS 179.00

HORN SPLASH SHIELD NOT INCLUDED NOT REQUIRED -

REAR HAND THROTTLE NOT INCLUDED NOT REQUIRED -
LEVEL 2 INSULATION INCLUDED REQUIRED -
BATTERY TYPE (2) ODYSSEY AGM GROUP 31 (2) ODYSSEY AGM GROUP 31 -

BATTERY JUMP START CONN INCLUDED
(REAR CONNECTION)

REQUIRED
(FRONT & REAR CONNECTION) 98.00
WHEELCHAIR RAMP LIFT-U LU18 LIFT-U LU18 -
TK ELECTRIC HVAC SYSTEM TE18 INCLUDED REQUIRED -

PRICE VARIANCE
8/8/2022
CITY OF VISALIA, CA (PIGGYBACK - STATE OF WASHINGTON RFP# 2020 06719-01) (2) 35' BATTERY ELECTRIC BUSES, SN: TBD
PAGE 1 OF 4 35

CONFIDENTIAL

ITEM STATE OF WASHINGTON, WA CITY OF VISALIA, CA VARIANCE

PRICE VARIANCE
8/8/2022
CITY OF VISALIA, CA (PIGGYBACK - STATE OF WASHINGTON RFP# 2020 06719-01) (2) 35' BATTERY ELECTRIC BUSES, SN: TBD

TK HVAC AIR PURIFICATION SYSTEM NOT INCLUDED NOT REQUIRED -

REFRIGERANT PRESSURE

DISPLAY NOT INCLUDED NOT REQUIRED -

DRIVERS HEATER MOTORS BRUSHLESS BRUSHLESS -

FRESH AIR MAKE-UP NOT INCLUDED NOT REQUIRED -

STREET SIDE FLOOR HEATER NOT INCLUDED NOT REQUIRED -

EBUS COLD WEATHER FRONT

THRESHOLD HEATER AND REAR

CURB SIDE HEATER

NOT INCLUDED NOT REQUIRED -

EBUS COLD WEATHER PACKAGE W/

DIESEL & ELECTRIC FIRED

AUXILIARY COOLANT HEATER

NOT INCLUDED NOT REQUIRED -

WARM WALL HEATER NOT INCLUDED NOT REQUIRED -
DASH FAN(S) NOT INCLUDED (2) REQUIRED 178.00
SENSTIVE EDGE NOT INCLUDED REQUIRED 278.00
REAR DOOR 34" AIR OPEN/SPRING CLOSE 34" AIR OPEN/AIR CLOSE -

REAR DOOR CONTROLS FULL DRIVER CONTROL FULL DRIVER CONTROL -

VAPOR ELECTRONIC DOOR

CONTROL W/ BUTTONS NOT INCLUDED NOT REQUIRED -
EXTERIOR FRONT DOOR RELEASE NOT INCLUDED REQUIRED 165.00 ELECTRICAL EQUIPMENT CABINET 44" W/(2) FANS 44" W/(2) FANS -

ELECTRICAL EQUIPMENT CABINET

INTERIOR LIGHTS INCLUDED REQUIRED -

CS WHEELWELL STORAGE BOX NOT INCLUDED NOT REQUIRED -

FRONT CS WHEELWELL
PACKAGE RACK NOT INCLUDED REQUIRED 125.00
PASSENGER INFO STATION NOT INCLUDED OBIC 19/21 4P 1 LTR MC 450.00

SCHEDULE RACKS NOT INCLUDED NOT REQUIRED -

EXTERIOR AD FRAMES NOT INCLUDED NOT REQUIRED -
PASSENGER SEATS AMSECO INSIGHT W/ A.R.M ,

Q'STRAINT RESTRAINTS

AMSECO INSIGHT CLASSIC
W/ VR 50 ONSERTS,

ARM'S & QSTRAINT BELTS &

CLEARRIDE ANTIMICROBIAL

TREATMENT
7,920.00

GEN II QUANTUM (CURBSIDE) NOT INCLUDED NOT REQUIRED -

SEAT MOUNTED USB PORTS NOT INCLUDED NOT REQUIRED -

FRONT WHEELWELL
VERTICAL STANCHIONS NOT INCLUDED REQUIRED - STREETSIDE & CURBSIDE 250.00

DRIVERS SEAT RECARO ERGO METRO W/ HEADREST
& 2-PT BLACK BELT

RECARO ERGO METRO W/ HEADREST
& 2-PT BLACK BELT -

SEAT BELT ALARM NOT INCLUDED NOT REQUIRED -

SEAT CUSHION ALARM NOT INCLUDED NOT REQUIRED -
LIQUICELL SEAT CUSHION FOAM NOT INCLUDED REQUIRED 450.00

SEAT ARMREST NOT INCLUDED NOT REQUIRED -
PASSENGER SIGNALS PULL CORDS TOUCH TAPE 1,116.00

STOP REQUEST AT REAR DOOR
STANCHION NOT INCLUDED REQUIRED 200.00
STOP REQUEST LAMP AT DASH NOT INCLUDED REQUIRED 38.00

DRIVERS BARRIER WRAPAROUND

W/OUT SCHEDULE HOLDERS

WRAPAROUND

W/OUT SCHEDULE HOLDERS -

DRIVERS PROTECTION BARRIER NOT INCLUDED NOT REQUIRED -

MODESTY PANEL REAR OF

REAR DOOR W/ UPPER PLEXIGLASS

PANEL CS & SS

NOT INCLUDED NOT REQUIRED -
OVERHEAD GRAB STRAPS NOT INCLUDED (8) REQUIRED 200.00

STANCHIONS YELLOW POWDER COATED SSTL -

PASSENGER WINDOWS STD FRAME / UPPER TRANSOM BONDED FRAME / FULL FIXED (W/ THERMOGUARD TREATMENT) 37,988.00
GLAZING GUARDS NOT INCLUDED ACRYLIC FILM 938.00

HEAD LAMPS LED LOW & HIGH BEAMS LED LOW & HIGH BEAMS -
PAGE 2 OF 4 36

CONFIDENTIAL

ITEM STATE OF WASHINGTON, WA CITY OF VISALIA, CA VARIANCE

REAR CAP GRILLE LOWER CENTER
STOP LAMPS (2) 4" RED LED LAMPS (2) 4" RED LED LAMPS -

BRAKE LAMPS ON REAR
ENGINE DOOR NOT INCLUDED (2) 18" DIALIGHT STRIP LAMPS 100.00

REAR AUXILIARY TURN SIGNALS NOT INCLUDED NOT REQUIRED -

YIELD SIGN NOT INCLUDED NOT REQUIRED -
EXTERIOR PORCH LAMPS NOT INCLUDED BOTH DOORS 250.00
BATTERY COMPARTMENT LAMPS (1) LED 12" STRIP LAMP (1) LED 12" STRIP LAMP -

INTERIOR LAMPS LED I/O CONTROLS LED I/O CONTROLS -

PLEASURE RADIO NOT INCLUDED NOT REQUIRED -
2-WAY RADIO & ANTENNA PRE-WIRE W/ANTENNA GILLIG TO PROVIDE AND INSTALL KENWOOD NX 3720 HG W/ ANTENNA 1,759.00
INTERIOR SPEAKERS *(6) *(8) 135.00

PA SYSTEM/VOICE ANNUCIATOR STD REI STD REI -

CAD / AVL ITS SYSTEM NOT INCLUDED SYNCROMATICS ITS SYSTEM W/ HELLA APC FOR BOTH DOORS 29,305.00

DRIVERS SPEAKER NOT INCLUDED NOT REQUIRED -

HAND HELD MIC INCLUDED REQUIRED -

BOOM MIC INCLUDED REQUIRED -

HEATED FRONT GLAZING NOT INCLUDED NOT REQUIRED -

DESTINATION SIGNS TWIN VISION AMBER
(FRONT, SIDE & REAR)

HANOVER WHITE
(FRONT 24X200, CURB SIDE & REAR) 2,286.00

FRONT RUN SIGN NOT INCLUDED NOT REQUIRED -
FAREBOX PRE-WIRE ONLY GFI FASTFARE 41"
(BUDGETARY ONLY) 25,000.00

FAREBOX GUARD INCLUDED REQUIRED -
CEILING MTD FAREBOX LAMP NOT INCLUDED REQUIRED 88.00

TRANSFER CUTTER NOT INCLUDED NOT REQUIRED -

PASSENGER COUNTER NOT INCLUDED HELLA APC
(INCLUDED W/ ITS SYSTEM) -
TELAMATICS SYSTEM 2-YEAR SUBSCRIPTION VIRICITI

CLOUD BASED SYSTEM
2-YEAR SUBSCRIPTION VIRICITI

CLOUD BASED SYSTEM -

FULL COMPOSITE FLOOR INCLUDED REQUIRED -

FLOORING MATERIAL ALTRO ALTRO -
INTERIOR TRIM ON STEPS RUBBER SSTL 855.00
ROOF HATCHES (1) REAR MANUAL (1) REAR MANUAL -
EXTERIOR MIRRORS 8" X 8" 1-PC,

NON-HEATED W/ REMOTE
8"X11" 2 PIECE

W/ REMOTE & HEATED W/ TURN

SIGNAL INDICATORS IN GLAZING
574.00

FIRE SUPRESSION
WITHOUT ESS SUPRESSION AMEREX V-25 W/24 HR BATTERY AMEREX V-25 W/24 HR BATTERY -

TRAFFIC LIGHT PREEMPTION NOT INCLUDED NOT REQUIRED -

VIDEO SURVEILLANCE NOT INCLUDED
REI 12-CAMERA SYSTEM W/ 2 TB HDD

W/ REAR VIEW CAMERA TO DISPLAY

ON DASH MFD II
9,632.00

BACK UP CAMERA W/ DISPLAYED

ON DASH MOUNTED MFD II NOT INCLUDED INCLUDED W/REI VIDEO SYSTEM -

BIKE RACK SPORTWORKS

MOUNTING BRACKETS ONLY

SPORTWORKS
APEX 2 BLACK POWDER COAT 1,293.00

BIKE RACK MIRROR NOT INCLUDED NOT REQUIRED -

BIKE RACK DEPLOYED LAMP -
DRIVERS DASH NOT INCLUDED REQUIRED 200.00

MEDICAL AID KIT NOT INCLUDED NOT REQUIRED -

BLOODBORN PATHOGEN KIT NOT INCLUDED NOT REQUIRED -

BIO-HAZARD KIT NOT INCLUDED NOT REQUIRED -

WHEEL CHOCKS (SET) NOT INCLUDED NOT REQUIRED -

ELECTRONIC MFD MULTI

FUNCTIONDASH DISPLAY (MFD II) INCLUDED REQUIRED -
PAGE 3 OF 4 37

CONFIDENTIAL

ITEM STATE OF WASHINGTON, WA CITY OF VISALIA, CA VARIANCE

PRICE VARIANCE
8/8/2022
CITY OF VISALIA, CA (PIGGYBACK - STATE OF WASHINGTON RFP# 2020 06719-01) (2) 35' BATTERY ELECTRIC BUSES, SN: TBD
12V POWER PORT AT DASH NOT INCLUDED NOT REQUIRED -

CUP HOLDER NOT INCLUDED NOT REQUIRED -
WASTE CONTAINER NOT INCLUDED SSTL REQUIRED 170.00

I/O PROGRAM MODULE NOT INCLUDED NOT REQUIRED -

ADJUSTABLE PEDALS NOT INCLUDED NOT REQUIRED -
EXTERIOR PAINT 1-COLOR 4-COLORS 6,450.00
CLEAR COAT NOT INCLUDED REQUIRED 1,800.00

EXTERIOR GRAPHICS BUS NUMBERS ONLY

VISALIA, CA CUSTOM GRAPHICS &

LOGOS (SAME DESIGN AS VISALIA
BUS #187632)
4,714.00

ROOF NUMBERS INCLUDED REQUIRED -
WARRANTY - (BASIC BUS) 24 MONTHS / 100,000 MILES 24 MONTHS / 100,000 MILES -

WARRANTY - (STRUCTURAL
INTEGRITY CORROSION) 144 MONTHS / 500,000 MILES 144 MONTHS / 500,000 MILES -

WARRANTY - (ALL OTHERS) BASE COVERAGE PER CONTRACT BASE COVERAGE PER CONTRACT -

NON -TAXABLE ITEMS CALCULATIONS

CURRENT BUS PRICE CALCULATIONS INCLUDING CA SALES TAX
PAGE 4 OF 4 38
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0327 Agenda Date: 9/6/2022 Agenda #: 5.

Agenda Item Wording:

Authorize the City Manager to award a Purchase Order for RFB No. 21-22-51 to Allstar Fire Equipment for the purchase of 16 Scott 3M Self-Contained Breathing Apparatus (SCBA) in the amount of $133,463.68.

Deadline for Action: 9/6/2022
Submitting Department: Fire Department
Contact Name and Phone Number: Dan Griswold, Fire Chief (x4220); Tom Van Grouw, Battalion Chief (x4265), Crissy Balderama, x4513
Department Recommendation:

It is recommended that the City Council authorize the City Manager to award a Purchase Order for RFB No. 21-22-51 to Allstar Fire Equipment for the purchase of 16 Scott 3M Self-Contained Breathing Apparatus (SCBA) in the amount of $133,463.68.

Background Discussion:

This recommendation is for the purchase of 16 Scott 3M Self-Contained Breathing Apparatus (SCBA) from Allstar Fire Equipment.

SCBA are used in immediately dangerous to life and health (IDLH) atmospheres to protect firefighters’ respiratory system. SCBA are most often utilized in structure fires and hazmat related incidents. However, it is not out of the realm of possibility to incorporate SCBA use in mass medical events to prevent exposure to an aerosolized transmittable disease.

In 2020, the City of Visalia replaced 45 SCBA with an award from the FEMA Assistance to Firefighter Grant (AFG). The rules of the AFG grant stated an SCBA for each riding seat was eligible for replacement. It was determined the Fire Department has 61 riding seats. Sixty-one is a reasonable inventory to maintain as it is justified by the federal grant, it outfits each of our apparatus with air packs to include our hazmat unit, and it is an amount that allows for a spare inventory when we need to call in additional personnel for significant incidents or events and when units are out for repair. The AFG Grant replaced 45 airpacks because 16 of the units at the time were new enough that they were not eligible for replacement. However, these units are not interoperable with the new units because the manufacturer reports they have been unable to design and build the necessary retrofit component due to COVID-19. Additionally, there is no publicized timeline for if, or when, this component may be available. Due to this circumstance, the Fire Department has two different SCBA versions that are not interoperable in every feature, specifically buddy-breathing. The buddybreathing feature allows for, in critical circumstances, a firefighter whose SCBA is low or out of air to connect to another firefighter’s pack and share air to avoid running out of air and to facilitate exit from the hazardous environment.

Fire Administration requests replacing these 16 SCBA utilizing American Rescue Plan Act funding, so Visalia City Council Page 1 of 2 Printed on 9/2/2022
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File #: 22-0327 Agenda Date: 9/6/2022 Agenda #: 5.

Fire Administration requests replacing these 16 SCBA utilizing American Rescue Plan Act funding, so all the units are the same age and version. This would ensure standardization and interoperability among all units, providing additional firefighter safety.

Bidding Process:

The standard City bidding process was conducted and closed on July 26, 2022, only 1 bid was received.

No. Vendor Location Bid Amount
1 Allstar Fire Equipment Arcadia, CA $133,463.68
Fiscal Impact:

This equipment was approved by Council on December 20, 2021 to be replaced using the American Rescue Plan Act (ARPA) funds. (6420-72000/EQ0190-999).

Prior Council Action: At the December 20, 2021, Regular City Council Meeting, Council approved this project with other proposed ARPA funded projects.

Other: N/A
Alternatives: Council can choose to deny the recommendation and reconsider the project as a general fund capital improvement project (CIP).

Recommended Motion (and Alternative Motions if expected):

I move to authorize the purchase of 16 Scott 3M Self-Contained Breathing Apparatus (SCBA) in the amount of $133,463.68 from Allstar Fire Equipment.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Attachment #1 - RFB 21-22-51 Allstar Fire Equipment Bid Form Visalia City Council Page 2 of 2 Printed on 9/2/2022
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73 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0330 Agenda Date: 9/6/2022 Agenda #: 6.

Agenda Item Wording:

Authorize the City Manager to file a Notice of Completion for the Parking Lot Maintenance Project located at various locations identified within the report (1010-72000/CP8214-999).

Deadline for Action: None.

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

Casey Chu, Assistant Engineer, [email protected], 713-4491 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to file a Notice of Completion for the Parking Lot Maintenance Project.

Summary and Background:

The Parking Lot Maintenance Project was developed based on an annual program to provide regular and routine maintenance to the 23 City Park and 34 City Public parking lots. The annual parking lot maintenance program was developed to increase the longevity of the parking lot pavement surfaces. Performing the correct preventative maintenance treatment at the appropriate time will extend the parking lot’s pavement life in a cost -effective manner. Without this preventive maintenance and as asphalt surfaces deteriorate further, future maintenance becomes more expensive and more time consuming.

This iteration of the Parking Lot Maintenance Project reconstructed the following lots:
· Parking Lot 19 (Acequia Ave & Santa Fe St)
· Tulare County Library Parking Lot (Oak Ave & Encina St) · South Plaza Park Parking Lot (Airport Dr & Hangars Way) · North Plaza Park Parking Lot (Plaza Dr & Airport Dr)
The construction contract was awarded to Witbro Inc dba Seal Rite Paving of Fresno, CA in the amount of $515,028.00. With the addition of $16,340.59 in change orders, the total construction cost amounts to $531,368.59, which is within the project budget which included a contingency for such measures.

The following is a breakdown of the construction change orders:

Change Order Category Change Order Cost Percentage Change Change of Scope -$2,937.00 -0.57%
Unforeseen $19,236.12 3.73%
Balance of Quantities $41.47 0.01%
Visalia City Council Page 1 of 3 Printed on 9/2/2022
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File #: 22-0330 Agenda Date: 9/6/2022 Agenda #: 6.

Combined Change Order $16,340.59 3.17%
Change of Scope: The cost associated with the Change of Scope category consisted of not requiring the proposed asphalt dike improvement at Parking Lot 19. The asphalt dike was not necessary for site drainage and was removed resulting in a credit to the project.

Unforeseen: The Unforeseen change order category cost was the result of finding brick pavers, debris, and abandoned iron pipes beneath the existing pavement surface of Parking Lot 19. The array of iron pipes discovered were neither in the as built plans for Parking Lot 19 nor found during the geotechnical investigations performed in design. These pipes were removed on a time and material basis in order to move forward with the preparation of the parking lot’s structural section. The original structural section of Parking Lot 19 included a pulverized base layer which recycles both the existing pavement and existing material underneath. However, the material found underneath the existing pavement, brick pavers and debris, are unsuitable to be pulverized, creating a need to deviate from the original structural section design of Parking Lot 19. Consequently, Parking Lot 19’s pavement section was changed from a 2.5” asphalt layer over 9.5” pulverized base to a 2.5” asphalt layer over 4” of aggregate base rock. Additionally, there was an increase in material costs for hot mix asphalt.

Balance of Quantities: The cost associated with the Balance of Quantity category was the result of requiring additional asphalt to pave Parking Lot 19, Tulare County Library Parking Lot, and South Plaza Park Parking Lot. Less asphalt than anticipated was required on the North Plaza Park Parking lot.

There was a total of two construction change orders associated with this Parking Lot Maintenance project.

Each change order was reviewed and approved by the City of Visalia Change Order Committee. The Change Order committee is a group of non-appointed technical staff without direct involvement with the project submitted for review. The Committee is an informal committee that reviews the contract change order request for completeness, accuracy, constructability, objectivity, consistency, and overall insight.

Fiscal Impact:

This project is funded by the General Fund (001). The Parking Lot Maintenance Project (1010-72000/CP8214 -999) has a total budget of $664,884.40. Below is the breakdown of the project budget:

Budget Summary: Parking Lot Maintenance Project (CP8214) Project Budget $664,884.40
Estimated Project Costs:

Construction Costs $515,028.00
Construction Change Orders $16,340.59
Design Costs $24,820.00
Design Staff Time $32,449.95
Construction Staff Time $38,442.02
Material Testing $7,734.25
Total Project Cost $634,814.81
Project Budget Surplus $30,069.59
Unexpended funds following completion of the project will be returned to the fund source.

Prior Council Action:

August 16, 2021: City Council authorized the City Manager to award the Parking Lot Maintenance Project to Visalia City Council Page 2 of 3 Printed on 9/2/2022
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File #: 22-0330 Agenda Date: 9/6/2022 Agenda #: 6.

Seal Rite Paving in the amount of $515,028.00.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to file a Notice of Completion for the Parking Lot Maintenance Project.

Environmental Assessment Status:

CEQA Review: Categorical Exemption, Section 15301c, has been filed with the County of Tulare in November 2020 and August 2021.

Attachments:
1) Project Map
2) Contractor Disclosure Form
Visalia City Council Page 3 of 3 Printed on 9/2/2022
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S Santa Fe St
S Tipton St
E Acequia Ave
E Willow Ave
PARKING LOT 19

RECONSTRUCTION
±
77 Alley
N Floral St
N Encina St
N Locust St
W Oak Ave
W Center Ave
W Murray Ave
W School Ave
Alley
Alley
Alley

MILL CREEK

LIBRARY PARKING LOT

RECONSTRUCTION
±
78 PLAZA PARK PARKING LOT

RECONSTRUCTION
±
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0332 Agenda Date: 9/6/2022 Agenda #: 7.

Agenda Item Wording:

Authorize City Manager to execute appraisal services contract with Hopper Company for up to five annual terms with total “not to exceed limit” of $200,000.

Deadline for Action: 9/6/2022
Submitting Department: Community Development
Contact Name and Phone Number: Devon Jones, 4190
Department Recommendation:

Authorize City Manager to execute appraisal services contract with Hopper Company for up to five annual terms with total “not to exceed limit” of $200,000 over the five year term.

Background Discussion:

The existing appraisal services contract, contract no. C18038, is set to expire next month. As such, staff conducted request for proposals (RFP) 21-22-56 in June to identify potential service providers for a new contract. The RFP required a Member Appraisal Institute (MAI) designated firm, which indicates a high degree of commercial real estate appraisal expertise recognized within the industry.

The city received one proposal in response, from the Hopper Company. Hopper Company is also the current service provider and staff has been very pleased with their services and responsiveness to date.

This contract would be for one year initially and have up to four annual extensions. Services could include:

1. Commercial Building Appraisal. The Appraiser may be asked to prepare and submit an appraisal report of assigned properties indicating an estimate of fair market value. The report shall include the collection of property specific data for both the subject property and comparable sales. The report shall also include a description of the selection of comparable sales, adjustments of comparable sales to the subject, weighting of comparable sales, and an indicated market value.

2. Leasehold/Rental Interest Appraisal. The Appraiser may be asked to prepare and submit appraisal reports of assigned properties indicating the fair lease value for either City being the tenant or the landlord for the assigned parcel.

3. Vacant Land Appraisal. The Appraiser may be asked to prepare and submit appraisal reports indicating the fair market value of assigned City owned land, or land owned by another party.

4. Limited Appraisal Reports. Where appropriate, City may request a “letter” evaluation indicating fair market value. Such “letter” shall indicate value of a parcel or space.

5. Consulting Services. Subsequent to the submission of an appraisal assignment, the Appraiser shall make available to City the individual responsible for a subject appraisal report to answer any questions and/or attend any meeting that may be required.

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File #: 22-0332 Agenda Date: 9/6/2022 Agenda #: 7.

6. Reports. Reports shall be submitted in electronic form in all cases and, when requested, in hard copy. The data for subject and comparable properties shall include, but not be limited to, address, legal description, property zoning, building use, proximity to the subject property, sale price, sale date, photograph(s), lot dimensions, lot size, actual age, gross floor area of living space, number of rooms, number of baths, basement type and size, garage type and size, location factors (negative and positive influences), and other amenities. All documents and data relating to the subject property, which are collected in the course of the appraisal or evaluation, will be submitted to City along with the report. The Appraiser must be able to respond to quality control inquiries in a timely manner. Reports and appraisals should be provided within a reasonable timeframe of the assignment, ideally no longer than four weeks from assignment.

7. Easement Valuations. The Appraiser may be asked to estimate the market value of permanent and/or temporary easements, based upon a careful review and reporting of the area encumbered by the easement, the easement’s use, and specific real property rights associated with the easement(s). A “Before and After” appraisal of the property encumbered by an easement will be considered and conducted where appropriate. This scope of service will similarly apply to the valuation of properties that are burdened by easements.

Fiscal Impact:

No change as individual appraisal service expenses are approved based on existing budgets in the various departments and divisions that utilize the service and per approved capital projects where applicable.

Prior Council Action: 5.3.21 - Authorized City Manager to execute contract amendment for remaining appraisal services contract with Hopper Company extending the “not to exceed limit” to $200,000 over the five year term.

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

I move to authorize City Manager to execute appraisal services contract with Hopper Company for up to five annual terms with total “not to exceed limit” of $200,000 over the five year term.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Service contract template
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Contract for Real Estate Appraisal Services
RFP No. 21-22-56

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EXHIBIT “C”

S A M P L E A G R E E M E N T
subject to changes

ANNUAL CONTRACT FOR REAL ESTATE APPRAISAL SERVICES
(City of Visalia Bid No. 21-22-56)
This Agreement, entered into and effective this ________ day of ________________, 2022 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, “CONSULTANT”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONSULTANT is a Real Estate Appraiser, with a primary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into an annual contract to provide Real Estate Appraisal Services, which was let to bid on ___________ as evidenced by Bid No. 21-22-56 (the “Project”); and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONSULTANT for the Annual Project; and
WHEREAS, CONSULTANT represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

1. TERM:

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONSULTANT , be extended annually thereafter for four (4) consecutive one-year periods.

Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONSULTANT shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT DESCRIPTION
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFB 21-22-56 Real Estate Appraisal Services Attachment 4 CONSULTANT’s bid in response to fee schedule in Proposal No. 21-22-56

3. CONSULTANT’S SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 21-22-56 83 Contract for Real Estate Appraisal Services
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4. CITY COMMITMENTS:

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

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

5. COMPENSATION:

CITY shall pay CONSULTANT compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONSULTANT to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement.

Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary.

The request for price adjustment must be submitted to the Project Manager within the thirty (30) calendar day period prior to the annual anniversary date of the agreement as specified in the General Conditions of RFP 21- 22-56.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period.

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

Total Compensation: $ Not to exceed Consultant’s stated prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Consultant’s itemized invoice. 84 Contract for Real Estate Appraisal Services
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IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONSULTANT
Dated: _______________ By: _________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONSULTANT in the capacity I have stated, and that such execution is sufficient to bind the CONSULTANT.

CITY OF VISALIA
Dated: _______________ By: _________________________________________________ City Manager
Dated: _______________ By: _________________________________________________ City Attorney
Dated: _____________ By: _________________________________________________ City of Visalia Risk Manager
Dated: _____________ By: __________________________________________________ City of Visalia Project Manager
85 Contract for Real Estate Appraisal Services
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EXHIBIT “C”
Attachment 1

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

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

C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. ____________________________
Visalia, CA 93291 ____________________________
Attention: City Clerk Attention: _________________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

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

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees.

The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.

J. 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. 86 Contract for Real Estate Appraisal Services
RFP No. 21-22-56

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

L. 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.
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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

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

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

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability
d. Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof.

CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
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a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
89 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0337 Agenda Date: 9/6/2022 Agenda #: 8.

Agenda Item Wording:

Authorize and designate Councilmember Liz Wynn as the voting delegate for the 2022 League of California Cities Annual Conference and Councilmember Greg Collins as the alternate voting delegate.

Deadline for Action: 9/6/2022
Submitting Department: Administration
Contact Name and Phone Number: Michelle Nicholson, Chief Deputy City Clerk, 713-4512; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council designate Councilmember Liz Wynn as the voting delegate for the 2022 League of California Cities Annual Conference and Councilmember Greg Collins as the alternate voting delegate.

Background Discussion: The League of California Cites Annual Conference is scheduled for September 7-9, 2022. The City is a voting member of the League of California Cities and in order to participate in the voting at the annual conference, the City Council must formally appoint a voting delegate. Council may choose to appoint up to two alternate voting delegates. Councilmember Liz Wynn will attend the General Assembly portion of the conference as the voting delegate.

Councilmember Greg Collins will attend the conference and has agreed to serve as an alternate voting delegate.

An important part of the Annual Conference is the Annual Business Meeting, scheduled for noon on Friday, September 9. At this meeting, the League membership considers and takes action on resolutions that establish League policy. Policies established by the League form a legislative agenda that will be used to evaluate State legislative bills and rule changes in the coming year, and to set priorities for pursuing issues of statewide interest to cities. Consistent with League bylaws, a city’s voting delegate must be designated by the City Council.

Fiscal Impact:

The League of California Cities Annual Conference is the best statewide conference for city officials (council members and appropriate staff) to become educated on issues of local and statewide concern. Funds for conference attendance have been budgeted.

Prior Council Action: The Council has designated a voting delegate each year.

Other: None.

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File #: 22-0337 Agenda Date: 9/6/2022 Agenda #: 8.

Alternatives: The Council may elect not to designate a voting delegate and alternates and forfeit the City’s voting ability at this year’s League of CA Cities Annual Business Meeting.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the designation of Councilmember Liz Wynn as the voting delegate for the 2022 League of California Cities Annual Conference and Councilmember Greg Collins as the alternate Voting Delegate for the City of Visalia.

Environmental Assessment Status: None
Attachments: 2022 Annual Conference and Expo Proposed Bylaws Amendments Visalia City Council Page 2 of 2 Printed on 9/2/2022
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2022 Annual Conference and Expo

PROPOSED BYLAWS AMENDMENTS
General Assembly
September 9, 2022
If you have any questions regarding these materials, please contact Norman Coppinger at [email protected] or by phone at 916.658.8277.
92 2021-2022

CAL CITIES OFFICERS
President
Cindy Silva
Mayor Pro Tem,
Walnut Creek
First Vice President
Ali Taj
Council Member,
Artesia
Second Vice President
Daniel Parra
Council Member,
Fowler
Immediate Past President
Cheryl Viegas Walker
Council Member,
El Centro
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 2022
To: Cal Cities General Assembly
From: Cindy Silva, President
Carolyn Coleman, Executive Director and CEO
Re: Proposed Cal Cities Bylaws Amendments
On July 15, 2022, the League of California Cities (Cal Cities) Board of Directors (Board) voted to present proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo. This memorandum outlines the history of the proposed amendments, summarizes the amendments, and provides an explanation of the process for adopting amendments to the bylaws.

Background
Beginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Grown Plan 2018-2021” (Strategic Growth Plan). The Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive.

In furtherance of its governance goals, the Board engaged an association governance consultant (Consultant) to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance. The Consultant gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys. On July 8, 2021, the Consultant produced a report (Governance Report) detailing 49 recommendations to the Board to deepen the engagement of Cal Cities Member Cities and ensure Cal Cities’ governance is operating at peak performance.

The Governance Report included findings indicating that Cal Cities is a strong organization, with a high level of member engagement, but also highlighted opportunities for Cal Cities to enhance its governance. The opportunities for enhancement included: (a) improving the clarity, ease, and consistency in how the governance system works; (b) clarifying the guidelines for position qualifications and performance expectations; (c) identifying ways to deepen member engagement and enhance the quality of the experience of involvement; and (d) ensuring Cal Cities has an intentional, consistent organizational culture at all levels of the governance system.
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The findings and recommendations from the Governance Report were presented to the Board during the July 2021 Board meeting. Following a robust exchange of ideas and input, the Board decided to move forward with many of the recommendations, referred other recommendations to a “to be established” board subcommittee for further study, and deferred consideration of the remaining recommendations.

Following Board approval, in September 2021 during the Cal Cities Annual Conference and Expo, the General Assembly voted to approve the following bylaws amendments:

1. Adjust the composition of the Board to achieve a higher impact and be more representative by adding Director seats to the Board for each of the five Diversity Caucuses, and transitioning members of the National League of Cities Board from Cal Cities Directors to one non-voting advisor to the Cal Cities Board.

2. Recognize the Cal Cities Diversity Caucuses in the Cal Cities bylaws to reflect the full contribution the caucuses make to Cal Cities’ mission and vision.

Those amendments became effective on Nov. 24, 2021.

Among the recommendations the Board decided was a priority to move forward was the establishment of a standing Governance Committee to assist the Board in fulfilling its governance function.

At its February 2022 meeting, the Board voted to approve Board policy establishing the Governance Committee with the task of regularly reviewing the governance structures, policies, and practices of Cal Cities and reporting its findings and recommendations to the Board. The Board also approved a one-year work plan for the Governance Committee that established priority governance issues to focus on in its first year.

Following the Board meeting, President Cindy Silva appointed the following Board members to serve on the Governance Committee:
• Cheryl Viegas Walker, Immediate Past President and Council Member, El Centro, Chair • Walt Allen, Council Member, Covina
• Jan Arbuckle, Vice Mayor, Grass Valley
• LaTanya Bellow, Deputy City Manager, Berkeley
• Pippin Dew, Council Member, Vallejo
• Lynne Kennedy, Mayor Pro Tem, Rancho Cucamonga
• Karen Goh, Mayor, Bakersfield
• Jim Lewis, City Manager, Pismo Beach
• Lisa Middleton, Mayor, Palm Springs
• John Minto, Mayor, Santee
• David Pollock, Council Member, Moorpark
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The Governance Committee met in April 2022, and following engaging and productive discussions, brought forward to the Board at its May 2022 meeting several recommendations to further enhance Cal Cities’ governance. Among the recommendations approved by the Board during that meeting are two that require bylaws amendments:

1. Formalize oversight of the Resolutions Committee by establishing the Second Vice President as the chair of the committee, while retaining the President’s authority to appoint the vice chair of the committee.

2. To ensure a more inclusive Nominating Committee, add one committee member appointed from among the Caucus Directors and one additional committee member appointed from among the At-Large Directors for a total of 13 committee members.1 In addition to those recommendations identified by the Governance Committee and approved by the Board, Cal Cities staff identified various non-substantive revisions to the Cal Cities bylaws:

1. Clarify that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of Board-established committees.

2. To avoid confusion and clarify organizational responsibilities, remove “Treasurer” from the title of the Second Vice President.
2 3. To promote consistency, replace the term “Board member(s)” with “Director(s).”3 On July 15, 2022, the Board voted to present these proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo.

While the work to enhance Cal Cities’ governance is a process being implemented in phases over several years, the Board believes these proposed amendments constitute important next steps toward ensuring Cal Cities’ governance is operating at peak performance. 1 Under the current bylaws, the Nominating Committee is comprised of 11 Directors. Two committee members are appointed from among At-Large Directors and one from a Department. Divisions participate on a rotation, with Directors residing within eight of the Divisions appointed in even-numbered years and Directors from the other eight appointed in odd-numbered years. 2 Under the current bylaws, the Second Vice President is referred to as “Second Vice President/Treasurer.” However, in practice the Second Vice President does not serve as treasurer of Cal Cities. Rather, that function is performed by the Chief Financial Officer designated in Article VIII, section 5, subdivision b(2), of the Cal Cities bylaws.
3 The current bylaws primarily refer to members of the Cal Cities Board of Directors as “Directors.” However, there are instances in which they are referred to as “Board members.” 3 95
Procedure for Amending the Cal Cities Bylaws
Amendments to the Cal Cities bylaws may be proposed by the Cal Cities Board and may be adopted: (a) by vote of the Cal Cities General Assembly, or (b) by mail ballot to Member Cities.4 In this case, the amendments will be considered by the General Assembly. Bylaws amendments need to be approved by 2/3 of those voting,5
and the number that constitutes 2/3 of those voting
(a) cannot be less than a majority of the voting delegates present if there is a quorum at the time the vote is taken;6 or (b) cannot be less than a majority of a quorum if the meeting started with a quorum but a quorum is not present when the vote is taken.7 If approved by the General Assembly, the amendments to the bylaws will go into effect after the expiration of a 60-day protest period.8 If, within 60 days after the adoption of the amendments, one-third or more of Member Cities submit a written protest against such amendments, the amendments are automatically suspended until the next Annual Conference and Expo, when they may be taken up again for reconsideration and vote.9 If the amendments are approved by the General Assembly and no protest is lodged, the effective date of the bylaws amendments will be Nov. 9, 2022.
4 Article XVII, Section 1.
5 Article XVII, Section 2.
6 Cal. Corp. Code 7512, subd. (a).
7 Cal. Corp. Code 7512, subd. (d). 8 Article XVII, section 6. 9 Article XVII, section 7.
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RESOLUTION RELATING TO AMENDMENTS TO THE CAL CITIES BYLAWS (2/3 vote at General Assembly required to approve)
Source: League of California Cities Board of Directors
WHEREAS, the League of California Cities (Cal Cities) is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the Cal Cities Board of Directors (Board) periodically reviews the Cal Cities bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership needs and interests; and
WHEREAS, beginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Growth Plan 2018-2021” (Strategic Growth Plan); and
WHEREAS, the Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive; and WHEREAS, in furtherance of its governance goals, the Board engaged an expert in association governance who gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance; and
WHEREAS, in July 2021 the Board decided to move forward with certain recommendations made as a result of that governance evaluation, including a recommendation to establish a standing Governance Committee of the Board to assist the Board in fulfilling its governance function; and
WHEREAS, in February 2022 the Board approved Board policy establishing the Governance Committee and charging it with regularly reviewing the governance structures, policies, and practices of Cal Cities, and reporting its findings and making recommendations to the Board; and
WHEREAS, in 2022 the Governance Committee recommended, and the Board, approved certain changes to the bylaws that: (1) formalize the oversight of the Resolutions Committee; (2) ensure a more inclusive Nominating Committee by adding one committee member appointed from among Caucus Directors and one additional committee member appointed from among AtLarge Directors; (3) clarify that, unless the board establishes otherwise, the Cal Cities President appoints the chair of board-established committees; and (4) make various non-substantive revisions; and
5 97
WHEREAS, the Cal Cities Board offers the following proposed amendments and additions to the bylaws, as set forth in the attached redlined version of the bylaws specified below, which is hereby incorporated by reference:

1. Amend Article VI, section 3(c) to designate the Second Vice-President as the Resolutions Committee chair, while retaining the President’s authority to appoint the vice chair of the Resolutions Committee;

2. Amend Article VII, section 5(b) to adjust the composition of the Nominating Committee by adding one At-Large Director and one Caucus Director for a total of 13 Nominating Committee members;

3. Amend Article VII, Section 10(d) to provide that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of board-established committees;

4. Replace the title “Second Vice-President/Treasurer” with “Second Vice President” in Article VII, sections 2(a), 5(e), and 10(b); and Article VIII, sections 1, 2(c), and 4;

5. Replace the term “board member(s)” with “Director(s)” in Article VII, sections 5(b), 5(e), and 8; Article XII, section 5(c); and Article XV, section 4; and now therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled during the Annual Conference in Long Beach on September 9, 2022, that the proposed bylaws amendments are hereby approved and Cal Cities shall make the specified amendments to the Cal Cities bylaws set forth in the attached redlined version of the bylaws.

See ATTACHMENT 1 for redline of proposed changes to the bylaws. 6 98
ATTACHMENT 1
Redline of Proposed Changes to Bylaws
7 99
Bylaws for the
League of California Cities
…
Article VI. Resolutions
…
Section 3: Resolutions Committee for Annual Conference Resolutions. (a) Resolutions Committee Composition. The Cal Cities President establishes a Resolutions Committee sixty days prior to each Annual Conference, which committee shall consist of:
(i) One elected official from each regional division, appointed by the regional division;
(ii) One elected official from each policy committee, appointed by the policy committee;
(iii) One member from each functional department, appointed by the department;
(iv) One elected official from each caucus, appointed by the caucus; and (v) Up to ten additional members (at least five of whom are elected officials) as the Cal Cities President deems necessary to achieve geographic and population balance, as well as recognize the multiplicity of city functions not represented by the other appointments, including, but not limited to, the perspectives of board and commission members as well as professional staff.
(b) Presidential Appointments. In the event a regional division, policy committee, functional department, or caucus does not make its appointment to the Resolutions Committee, the Cal Cities President may make the appointment on the regional division’s, policy committee’s, functional department’s, or caucus’s behalf.
(c) Chair. The Cal Cities President shall also appoint to the Resolutions Committee a committee chair and vice chairSecond Vice-President shall serve as committee chair. The Cal Cities President shall also appoint to the Resolutions Committee a vice chair.
(d) Minimum Committee Size and Composition. In the event the full committee is not in attendance at the Annual Conference, the Cal Cities President shall appoint a sufficient number of city officials in attendance to achieve a total of thirty. No less than two-thirds of the members of the Resolutions Committee shall be elected officials.
8 100
(e) Committee Consideration of Proposed Resolutions. Except for resolutions of courtesy, commendation, appreciation or condolence, no resolution expressing the opinion or policy of Cal Cities on any question may be considered or discussed by Cal Cities’ General Assembly, unless it has been first submitted to, and reported on, by the Resolutions Committee. …
Article VII: Board of Directors
…
Section 2: Composition.

The Cal Cities Board is composed of the following:
(a) A President, First Vice-President and Second Vice-President/Treasurer, who each serve a term of one year;
(b) The Immediate Past President who serves for a term of one year, immediately succeeding his or her term as President;
(c) Twelve Directors-at-Large,
(i) Who serve staggered two-year terms, and
(ii) At least one of whom is a representative of a small city with a population of 10,000 or less;
(d) One Director to be elected from each of the regional divisions, functional departments, and caucuses of Cal Cities, each of whom serves for a term of two years; and
(e) Ten Directors that may be designated by the mayors of each of the ten largest cities in California to serve two-year terms.
(f) For purposes of this section, the population of each city is the most current population as determined by the California Department of Finance, Demographic Research Unit, or its successor agency or unit. If no successor agency or unit is named, the most current population used to determine these dues shall be used to determine future dues until such time as these bylaws are amended to designate a new source for determining city population. (g) Directors hold office until their successors are elected and qualified. …
9 101
Section 5: Nomination Process.
(a) Timing. The Cal Cities President, with the concurrence of the Cal Cities Board, shall establish a nominating committee at the first Board meeting of the calendar year in which the election is to occur.
(b) Composition. The nominating committee shall be comprised of eleven thirteen Board membersDirectors. ThreeTwo nominating committee members shall be At-Large Directors, and one shall represent a functional department, and one shall represent a caucus. Regional divisions shall be represented on the nominating committee on the following rotating basis:
(i) Even-Numbered Years: In even-numbered years, the Central Valley, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County
Regional Divisions shall be represented on the nominating committee. (ii) Odd-Numbered Years: In odd-numbered years, the Channel Counties, Inland Empire, Desert-Mountain, East Bay, Los Angeles County, Peninsula, Riverside County, and South San Joaquin Regional Divisions shall be represented on the nominating committee. (c) Nominating Committee Chair. The Cal Cities President shall appoint the chair of the nominating committee.
(d) Candidates for Positions Ineligible. Candidates for officer and at-large positions on the Cal Cities Board are not eligible to serve on the nominating committee. In the event a regional division representative on the nominating committee wishes to be a candidate for an officer or at-large position, the Cal Cities President will appoint a substitute nominating committee member from the same regional division, if available. If one is not available, the President shall appoint a substitute from a nearby regional division. (e) Duties. The duties of the nominating committee are to:
(i) Member Outreach. Publicize the qualifications for the offices of Second Vice Vice-President/Treasurer and the at-large members of the Cal Cities Board to Cal Cities’ Member Cities;
(ii) At-Large and Second Vice-President Recommendations. Make recommendations to the Cal Cities Board on the following year’s Cal Cities officers and at-large board membersDirectors; and (iii) President and First Vice President Recommendation.

Recommend whether the previous year’s First Vice President 10 102
becomes President and the previous year’s Second VicePresident/Treasurer becomes First Vice President. (f) Notice to Members. An explanation of the nomination process and relevant deadlines for submitting nominations to the nominating committee shall be publicized in Cal Cities publications and communications throughout the year, along with the identity of nominating committee members once such members are appointed. In addition, the nominating committee shall inform the membership of the opening of the nominations for the following year when it makes its report to the general membership as provided in Article VI, Section 5(g) below.
(g) Decision and Report. The nominating committee’s recommendations shall be communicated to the Cal Cities Board not later than 30 days prior to the date of Cal Cities’ Annual Conference and again at the Annual Conference.

In addition, the nominating committee shall make its report to the membership at the opening general session of the Annual Conference. (h) Election. The election of Cal Cities Board officers and Directors-at-Large shall occur at a Cal Cities Board meeting at the Annual Conference as provided in Article VII, Section 4(c) and Article VII, section 3. …
Section 8: Meetings and Meeting Notice.
(a) Regularly Scheduled Board Meetings. The Cal Cities Board shall meet no fewer than four times a year. Notice of regularly scheduled Board meetings shall be mailed to each Director at least 14 days before any such meeting. (b) Emergency Board Meetings. A good faith effort shall be made to provide notice of any emergency board meetings (for example, by first-class mail, personal or telephone notification, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic means). (c) Telephonic or Electronic Participation. Members of the Cal Cities Board may participate in any meeting through the use of conference telephone or similar communications equipment, so long as all members participating in such meeting can hear one another. Participation in a meeting by this means constitutes presence in person at such meeting.
(d) Notice Content. All meeting notices shall include the meeting date, place, time, and, as applicable, the means by which a Cal Cities Board memberDirector may participate electronically.
…
11 103
Section 10: Committees.
(a) General. The Cal Cities Board may establish committees to study city problems, advise on Cal Cities educational efforts, make recommendations with respect to Cal Cities advocacy efforts, or to engage in other appropriate Cal Cities service.
(b) Executive Committee.
(i) Composition. The Executive Committee of the Cal Cities Board consists of the following: the Cal Cities President, First VicePresident, Second Vice-President/Treasurer, Immediate Past President and Executive Director.
(ii) Authority. The Executive Committee has authority to act for the Cal Cities Board between Board meetings, provided that no action of the Executive Committee is binding on the Cal Cities Board unless authorized or approved by the Board.
(c) Standing Policy Committees.
(i) Charge. Cal Cities shall have a series of standing policy committees, whose charge shall be to make recommendations to the Cal Cities Board on matters within the committees’ jurisdiction, as well as fulfill other duties specified in these bylaws (see, for example, Article VI, section 4(b)).
(ii) Membership. Each Cal Cities Policy Committee shall be comprised of the following:
• Two members appointed by each regional division president; • One member appointed by each functional department president; • One member appointed by each caucus president;
• No more than 16 members appointed by the Cal Cities President, to provide population and geographic balance, as well as expertise; and
• Such representatives of affiliate organizations in the capacity authorized by the Cal Cities Board.
(iii) Feedback. Policy committees shall receive information on actions taken on committee recommendations and the reasons for those actions.
12 104
(d) Committee Chairs and Vice Chairs. Unless the Cal Cities Board establishes otherwise, Tthe Cal Cities President appoints the chair of all CalCities-wide committees. The term of such appointments coincides with the Cal Cities President’s term. The Cal Cities President may appoint vice chairs for such committees, as the Cal Cities President deems necessary. …
Article VIII: Officers
Section 1: Identity.

The officers of Cal Cities are a President, a First Vice-President, a Second VicePresident/Treasurer, an Immediate Past President, and an Executive Director.

Section 2: Duties of Cal Cities Officers.
(a) President. The President presides at all Cal Cities Board meetings and all General Assemblies. The President has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board. (b) First Vice-President. The First Vice-President carries on the duties of the President in the President’s temporary absence or incapacity. The First VicePresident has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
(c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries on the duties of the President in the President’s and First VicePresident’s temporary absence or incapacity. The Second VicePresident/Treasurer has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
…
Section 4: Vacancies.

A vacancy in the office of President is filled by the Immediate Past President who shall serve for the unexpired term of office and, upon election of a new President at the next Annual Conference, shall subsequently serve a full term as Immediate Past President.

In the event the Immediate Past President is not available to fill the vacancy in the office of the President, or declines in writing, it shall be filled by the succession of the First Vice-President to that office. A vacancy in the office of First Vice-President, or Second Vice-President/Treasurer, is filled for the un-expired term by appointment by the Cal Cities Board of a member of the Cal Cities Board. A vacancy in the office of the Immediate Past President is filled for the un-expired term by the last Past President continuing to hold a city office.
…
13 105
Article XII: Voting
…
Section 5: Mail Balloting.

In addition to voting at Cal Cities meetings, Cal Cities may solicit member input by mail ballot.
(a) Mailing.10 The question(s) to be voted upon, along with explanatory materials and a ballot, shall be mailed by first class mail to each Member City for consideration and action.
(b) Time Frame for Action. Member Cities shall have at least 45 days to cast their vote. Ballots shall be cast by returning the Member City’s ballot to Cal Cities’ principal office in Sacramento.
(c) Ballot Tabulation and Results Announcement. The Cal Cities President will appoint a counting committee of three board membersDirectors to count the votes cast by mail ballot. The counting committee will submit its count to the Cal Cities Board, which shall canvass the vote and announce the results. (d) Functional Departments, Regional Divisions, and Caucuses.

Departments, divisions, and caucuses may also use mail balloting under procedures specified in their respective bylaws.
…
Article XV: Prohibited Transactions
…
Section 4: Ethical Considerations.

These restrictions, of course, represent the floor, not the ceiling, for ethical conduct as a Cal Cities board memberDirector or policy committee member. If a board memberDirector or policy committee member believes that there are circumstances under which Cal Cities’ members might reasonably question the board member’sDirector’s or policy committee member’s ability to act solely in the best interests of Cal Cities and its member cities, the prudent course is to abstain. As an example, typically Cal Cities board membersDirectors have abstained from participating in decisions on legislation that would affect organizations for which they work. Another example is legislation that would uniquely benefit a board member’sDirector’s city.

Policy committee members should also consider abstaining in similar circumstances. 10 The Administrative Services Committee recommends Cal Cities also include notice of the upcoming ballot in a variety of Cal Cities communications to alert Member Cities to make inquiry in the event a city’s ballot is lost in the mail. 14 106
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0341 Agenda Date: 9/6/2022 Agenda #: 9.

Agenda Item Wording:

Authorize the City Manager to award an emergency contract to Telcion Communications Group, Inc., of Turlock, to purchase HewlettPackard Enterprise data storage arrays, for a total of $350,000.

Deadline for Action: 9/6/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

John Howison, IS Manager, 559-713-4122 [email protected] Renee Nagel, Finance & Technology Director, 559-713-4375 [email protected] Department Recommendation:

It is recommended that the Visalia City Council authorize the City Manager to award an emergency contract to Telcion Communications Group, Inc., of Turlock, to purchase HewlettPackard Enterprise data storage arrays, for a total of $350,000.

Background Discussion:

On Saturday, August 27th, the battery backup system at the Visalia Emergency Communications Center (VECC) suffered a failure that resulted in a surge and emergency power off sequence that damaged some of the equipment in the VECC. The equipment at the VECC was designed with redundancies to allow for continued operation if power supplies, controllers, switches, or other components were damaged.

One of the damaged pieces of equipment was the City and Police Department (PD) storage arrays provided by XIO technologies. These storage arrays house all of the data that the City has. This includes the HR systems, financial systems, PD and dispatching systems, planning, engineering drawings, permit systems, etc. These arrays were configured with redundant controllers such that if one failed the array would continue to work, and the data would still be available. The primary controller failed in both the City and PD arrays and the secondary controller took over and maintained operational integrity.

Normally when this happens due to a power outage or network blip the secondary controller will take over until the primary is available and will automatically revert back. This has happened a number of times over the years and staff are familiar with the it and the process of manually reverting back to the primary controller if the automatic method fails. When staff attempted to revert to the primary controllers it failed. Staff then contacted the vendor, XIO, via their automated help system for support in reverting back. Despite numerous attempts to contact the company through various sources, there was no response. A google search revealed that the parent company of XIO, StorCentric, filed for bankruptcy in July of this year, 2022. A court docket was found for an auction of their assets scheduled for September 2, 2022.

Visalia City Council Page 1 of 2 Printed on 9/2/2022
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File #: 22-0341 Agenda Date: 9/6/2022 Agenda #: 9.

Staff believes that there will be no future support or parts available for the XIO storage systems, and in order to provide adequate redundancy and consistent services internally and externally.

The XIO storage arrays were slated to be replaced in 2022/23, and an approved CIP and budget was allocated in 2022 in the amount of $396,000 as CP8381. Staff had already begun the process to evaluate a replacement, and that project was scheduled to be completed within the next six months.

HewlettPackard Enterprise has a long history of providing storage arrays and staff have previous experience working with them. Considering the bankruptcy of the City’s existing vendor, the inability to get replacement parts, and the loss of redundancy, staff considers this an extremely critical piece of equipment that needs to be purchased as soon as possible. It is anticipated that replacement equipment would arrive within two weeks.

Staff is seeking approval to bypass the standard purchasing procedures and award an emergency contract to Telcion Communications Group, Inc., of Turlock, to purchase HewlettPackard Enterprise data storage arrays, for a total of $350,000.

Fiscal Impact:

As part of the ongoing budget, CIP item 5110-72000/CP8381 was established to set aside $396,000 from the replacement fund for new storage. The total for this contract is for $350,000, funded through the 5110 Information Technology replacement fund.

Prior Council Action: In 2013 and 2015 council awarded the purchase of the existing XIO storage arrays to KIS and XIO.

Other: N/A
Alternatives: Direct staff to create and formally publish an RFP and specifications for a new storage system alternative. The completion of this RFP process and implementation would not be completed in a timely manner.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award an emergency contract to Telcion Communications Group, Inc., of Turlock, to purchase HewlettPackard Enterprise data storage arrays, for a total of $350,000.

Attachments: Telcion HPe Storage Arrays Quote 083122.pdf Visalia City Council Page 2 of 2 Printed on 9/2/2022
powered by Legistar™108
Prepared for City of Visalia
2022-8 City of Visalia -Storage Refresh
Quote#TCG008995 v1

PREPARED FOR PREPARED BY
John Howison
[email protected]
(559) 713-4122
Eric Mueller
[email protected]
209-656-5749
140 W. Main Street Turlock, CA 95380 109
www.telcion.com - 209-632-5700
Scope of Work
To Be determined
Quote #TCG008995 v1 Page: 2 of 8 110
www.telcion.com - 209-632-5700
City Storage
LINE # DESCRIPTION QTY UNIT PRICE EXT. PRICE
City Storage- 84TB Systems w/5 Year Support
1 Q8H39A HPE NS HF40 HYBRID CTO BASE ARRAY 1 $21,073.85 $21,073.85 2 Q8B55B HPE NS HF40/60 HYBRID 84TB FIO HDD BNDL 1 $14,692.59 $14,692.59 3 Q8B64B HPE NS HF40/60 11.52TB FIO CACHE BNDL 1 $17,764.24 $17,764.24 4 Q8G27B HPE TIER 1 STORAGE OS DEFAULT FIO SW 1 $0.95 $0.95 5 Q8J27A HPE NS C13 TO C14 FIO POWER CORD 2 $0.22 $0.44 6 R3P91A HPE TIER 1 STORAGE ARRAY STANDARD TRK 1 $0.22 $0.22 7 R3Q00A HPE NS 2X25GBE 2P SFP28 FIO ADPTR KIT 1 $1,959.01 $1,959.01 8 HU4A9A5#ZFR HPE NS HF40/60 HYBRID 84TB HDD BNDL SUPP 1 $7,885.02 $7,885.02 9 HU4A9A5#ZDW HPE NS 2X25GBE 2P SFP28 FIO ADP KIT SUPP 1 $1,228.70 $1,228.70 10 HU4A9A5#ZFB HPE NS HF 11.52TB CACHE SUPP 1 $8,370.45 $8,370.45 11 HU4A9A5#ZFG HPE NS HF40 HYBRID BASE ARRAY SUPP 1 $16,337.59 $16,337.59 Section Subtotal $89,313.06
Subtotal: $89,313.06
Quote #TCG008995 v1 Page: 3 of 8 111
www.telcion.com - 209-632-5700
City Storage #2
LINE # DESCRIPTION QTY UNIT PRICE EXT. PRICE
City Storage- 84TB Systems w/5 Year Support
1 Q8H39A HPE NS HF40 HYBRID CTO BASE ARRAY 1 $21,073.85 $21,073.85 2 Q8B55B HPE NS HF40/60 HYBRID 84TB FIO HDD BNDL 1 $14,692.59 $14,692.59 3 Q8B64B HPE NS HF40/60 11.52TB FIO CACHE BNDL 1 $17,764.24 $17,764.24 4 Q8G27B HPE TIER 1 STORAGE OS DEFAULT FIO SW 1 $0.95 $0.95 5 Q8J27A HPE NS C13 TO C14 FIO POWER CORD 2 $0.22 $0.44 6 R3P91A HPE TIER 1 STORAGE ARRAY STANDARD TRK 1 $0.22 $0.22 7 R3Q00A HPE NS 2X25GBE 2P SFP28 FIO ADPTR KIT 1 $1,959.01 $1,959.01 8 HU4A9A5#ZFR HPE NS HF40/60 HYBRID 84TB HDD BNDL SUPP 1 $7,885.02 $7,885.02 9 HU4A9A5#ZDW HPE NS 2X25GBE 2P SFP28 FIO ADP KIT SUPP 1 $1,228.70 $1,228.70 10 HU4A9A5#ZFB HPE NS HF 11.52TB CACHE SUPP 1 $8,370.45 $8,370.45 11 HU4A9A5#ZFG HPE NS HF40 HYBRID BASE ARRAY SUPP 1 $16,337.59 $16,337.59 Section Subtotal $89,313.06
Subtotal: $89,313.06
Quote #TCG008995 v1 Page: 4 of 8 112
www.telcion.com - 209-632-5700
Police Dept Storage
LINE # DESCRIPTION QTY UNIT PRICE EXT. PRICE
Police Dept Storage- 42TB Systems w/5 Year Support
1 Q8H39A HPE NS HF40 HYBRID CTO BASE ARRAY 1 $21,073.85 $21,073.85 2 Q8B63B HPE NS HF40 R2 5.76TB FIO CACHE BNDL 1 $9,778.36 $9,778.36 3 Q8G27B HPE TIER 1 STORAGE OS DEFAULT FIO SW 1 $0.95 $0.95 4 Q8H45A HPE NS HF40/60 HYBRID 42TB FIO HDD BNDL 1 $8,570.68 $8,570.68 5 Q8J27A HPE NS C13 TO C14 FIO POWER CORD 2 $0.22 $0.44 6 R3P91A HPE TIER 1 STORAGE ARRAY STANDARD TRK 1 $0.22 $0.22 7 R3Q00A HPE NS 2X25GBE 2P SFP28 FIO ADPTR KIT 1 $1,959.01 $1,959.01 8 HU4A9A5#ZFA HPE NS HF40/60 5.76TB CACHE SUPP 1 $4,615.20 $4,615.20 9 HU4A9A5#ZDW HPE NS 2X25GBE 2P SFP28 FIO ADP KIT SUPP 1 $1,228.70 $1,228.70 10 HU4A9A5#ZFG HPE NS HF40 HYBRID BASE ARRAY SUPP 1 $16,337.59 $16,337.59 11 HU4A9A5#ZGR HPE NS HF40/60 HYBRID 42TB HDD BNDL SUPP 1 $4,548.22 $4,548.22 Section Subtotal $68,113.22
Subtotal: $68,113.22
Quote #TCG008995 v1 Page: 5 of 8 113
www.telcion.com - 209-632-5700
Police Dept Storage #2
LINE # DESCRIPTION QTY UNIT PRICE EXT. PRICE
Police Dept Storage- 42TB Systems w/5 Year Support
1 Q8H39A HPE NS HF40 HYBRID CTO BASE ARRAY 1 $21,073.85 $21,073.85 2 Q8B63B HPE NS HF40 R2 5.76TB FIO CACHE BNDL 1 $9,778.36 $9,778.36 3 Q8G27B HPE TIER 1 STORAGE OS DEFAULT FIO SW 1 $0.95 $0.95 4 Q8H45A HPE NS HF40/60 HYBRID 42TB FIO HDD BNDL 1 $8,570.68 $8,570.68 5 Q8J27A HPE NS C13 TO C14 FIO POWER CORD 2 $0.22 $0.44 6 R3P91A HPE TIER 1 STORAGE ARRAY STANDARD TRK 1 $0.22 $0.22 7 R3Q00A HPE NS 2X25GBE 2P SFP28 FIO ADPTR KIT 1 $1,959.01 $1,959.01 8 HU4A9A5#ZFA HPE NS HF40/60 5.76TB CACHE SUPP 1 $4,615.20 $4,615.20 9 HU4A9A5#ZDW HPE NS 2X25GBE 2P SFP28 FIO ADP KIT SUPP 1 $1,228.70 $1,228.70 10 HU4A9A5#ZFG HPE NS HF40 HYBRID BASE ARRAY SUPP 1 $16,337.59 $16,337.59 11 HU4A9A5#ZGR HPE NS HF40/60 HYBRID 42TB HDD BNDL SUPP 1 $4,548.22 $4,548.22 Section Subtotal $68,113.22
Subtotal: $68,113.22
Quote #TCG008995 v1 Page: 6 of 8 114
www.telcion.com - 209-632-5700
Services
LINE # DESCRIPTION QTY UNIT PRICE EXT. PRICE
1 Telcion Professional Services
Telcion Professional Services - Block time
1 $15,000.00 $15,000.00
Subtotal: $15,000.00
10G Twinax Cables
LINE # DESCRIPTION QTY UNIT PRICE EXT. PRICE
1 SFP-H10GCU5M=
10GBASE-CU SFP+ Cable 5 Meter 16 $134.91 $2,158.56
Subtotal: $2,158.56
Quote #TCG008995 v1 Page: 7 of 8 115
www.telcion.com - 209-632-5700
2022-8 City of Visalia -Storage Refresh
Prepared by: Prepared for: Ship To: Quote Information:

Turlock
Eric Mueller
209-656-5749
[email protected]
City of Visalia
315 East Acequia
Visalia, CA 93291
John Howison
(559) 713-4122
[email protected]
City of Visalia
315 East Acequia
Visalia, CA 93291
John Howison
(559) 713-4122
[email protected]
TCG008995
Version: 1
Quoted Date: 08/31/2022
Expiration Date: 09/27/2022
Quote Summary

DESCRIPTION AMOUNT
City Storage $89,313.06
City Storage #2 $89,313.06
Police Dept Storage $68,113.22
Police Dept Storage #2 $68,113.22
Services $15,000.00
10G Twinax Cables $2,158.56
Subtotal: $332,011.12
Shipping: $2,000.00
Estimated Tax: $15,182.85
Total: $349,193.97
The pricing on this proposal is valid for 30 days. All prices exclude freight and sales tax.

Payment Terms:

Cash: 50% payment due on award, 40% payment due upon equipment delivery, 10% final payment due upon signed project completion certificate. Net 15 Days.

Lease: All leasing terms subject to final approval by Cisco Capital. All leases require progress payments.

Turlock City of Visalia
Signature:

Name: Eric Mueller
Title: VP of Sales
Date: 08/31/2022
Signature:

Name: John Howison
Date:

Quote #TCG008995 v1 Page: 8 of 8 116
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0344 Agenda Date: 9/6/2022 Agenda #: 10.

Agenda Item Wording:

Confirmation of a letter of support for Kaweah Health’s request to the California Department of Health Care Services Behavioral Health Continuum Infrastructure Program Round 4: Children and Youth program.

Deadline for Action: 9/6/2022
Submitting Department: Administration
Contact Name and Phone Number: Michelle Nicholson, Chief Deputy City Clerk, 713-4512.

Department Recommendation:

It is recommended that the Visalia City Council confirm support for the letter the Mayor signed in support of Kaweah Health’s request to the California Department of Health Care Services Behavioral Health Continuum Infrastructure Program Round 4: Children and Youth program. Given the timeline of the grant, the letter was sent to meet the deadline, but can be withdrawn if the Council does not confirm the support.

Background Discussion:

Kaweah Health has applied to the California Department of Health Care Services Behavioral Health Continuum Infrastructure Program Round 4: Children and youth program for a proposed new wing to be added to the Kaweah Health Mental Health Hospital.

Kaweah Health, in a partnership with Tulare County have plans to build a child and adolescent crisis stabilization unit to provide better care for the youth of Tulare County. This would potentially help hundreds of young people each year receive the treatment they need.

Fiscal Impact:

None.

Prior Council Action: None.

Alternatives: To withdraw the letter of support, or to alter the wording in the letter.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the Mayor to sign a letter of support for support for Kaweah Health’s request to the California Department of Health Care Services Behavioral Health Continuum Infrastructure Program Round 4: Children and Youth program.

Attachments: Letter of support to CDHCS
Visalia City Council Page 1 of 1 Printed on 9/2/2022
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0345 Agenda Date: 9/6/2022 Agenda #: 11.

Agenda Item Wording:

Authorization for the Mayor to sign a letter of support for Family Healthcare Network’s proposal to the California Department of Health Care Services Integrated Systems of Care Division to establish a program to serve frail seniors.

Deadline for Action: 9/6/2022
Submitting Department: Administration
Contact Name and Phone Number: Michelle Nicholson, Chief Deputy City Clerk, 713-4512; [email protected].

Department Recommendation:

It is recommended that the Visalia City Council authorize the Mayor to sign a letter of support for Family Health Care Network proposal to the California Department of Health Care Services Integrated Systems of Care Division to establish a program to serve frail seniors.

Background Discussion:

Family Healthcare Network is one of the largest non-profits Federally Qualified Health Centers in the nation. The PACE, or Program for All-Inclusive Care for the Elderly will be a welcome addition to our community’s supportive services for this vulnerable population.

Fiscal Impact:

None.

Prior Council Action: None.

Alternatives: To not sign the letter of support.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the Mayor to sign a letter of support for Family Healthcare Network’s proposal to the California Department of Health Care Services Integrated Systems of Care Division to establish a PACE program.

Attachments: Copy of Letter
Visalia City Council Page 1 of 1 Printed on 9/2/2022
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Letterhead
Enter Date
California Department of Health Care Services
Integrated Systems of Care Division
PACE Unit, Mail Station 4502
PO Box 997413
Sacramento, CA 95899-7413
To Whom it May Concern.

I am writing to express support for Family Healthcare Network’s (FHCN) proposal to establish a PACE program to serve frail seniors residing in parts of Tulare and Kings Counties. PACE, or Program for All-Inclusive Care for the Elderly, will be a welcome addition to our community’s supportive services for this vulnerable population.

Family HealthCare Network is one of the largest non-profit Federally Qualified Health Centers in the nation. Family HealthCare Network operates 42 clinical sites, located throughout Tulare, Fresno, and Kings Counties, seeing more than 1.1 million visits annually. The mission of FHCN is to provide quality health care to all. With over 300 clinical providers in the network, FHCN provides access to a wide range of coordinated health services, including family medicine, obstetrics and gynecology, pediatrics, dentistry, pharmacy, internal medicine, behavioral health, nutrition, health education, and case management. Family HealthCare Network also offers an array of specialty services such as optometry, chiropractic care, podiatry, general surgery, and more. Free transportation and extended evening and weekend hours are also offered at FHCN sites.

Family HealthCare Network brings the experience, expertise, and commitment necessary to develop and operate a successful PACE program. Thank you for your time and consideration.

Thank you for your consideration.

Best regards,
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0175 Agenda Date: 9/6/2022 Agenda #: 1.

Agenda Item Wording:

First reading of Ordinance 2022-07 of proposed additions and revisions of Visalia Municipal Code chapter 8.28, Solid Waste Collection and Disposal. Additions incorporate recent Senate Bill (SB) 1383 regulations related to edible food recovery.

Deadline for Action: 9/6/2022
Submitting Department: Public Works
Contact Name and Phone Number:

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

Staff recommends that Council adopt the updated and revised Chapter 8.28 Solid Waste Collection and Disposal to bring the code up to date with current state regulations required in SB 1383.

Background Discussion:

City staff has been working to ensure the City is in compliance with the regulations set forth in Senate Bill (SB) 1383. Although the new regulations are challenging to many jurisdictions, City staff has worked closely with California’s Department of Resources Recycling and Recovery (CalRecycle) and the City Attorney’s Office to update Chapter 8.28 of the City’s Municipal Code, Solid Waste Collection and Disposal. This work was to enable the City to have enforceable ordinances in place for the regulations that CalRecycle has required.

The purpose of SB 1383 is to reduce the amount of organic waste that makes its way to landfills.

When buried in landfills, organic wastes (including paper, cardboard, food scraps, food soiled paper, yard trimmings, and other organic-based wastes) emit 20% of the state’s methane, a climate super pollutant 84 times more potent than carbon dioxide. This organic waste makes up half of what Californians send to the landfill and reducing that can have a direct impact to our climate, especially in the San Joaquin Valley.

The final rulemaking for SB 1383 was completed by CalRecycle on November 3, 2020, with the final text of the regulations published in February 2021. Fortunately for the City of Visalia, solid waste programs and policies already in place contribute to the community being well on the way towards compliance with SB 1383. In June of 2018, City Council adopted City Ordinance 2018-03 which revised much of the Solid Waste Ordinances, and also adopted mandatory organics waste collection, a key component of SB 1383. In April of 2022, Council adopted Ordinance 2022-05 which updated the mandatory recycling sections to the more stringent thresholds set forth by CalRecycle.

However, there are two other components of SB 1383 that CalRecycle has identified and prioritized for the City to address. The sections that CalRecycle has identified for the City to address are as Visalia City Council Page 1 of 4 Printed on 9/2/2022
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for the City to address. The sections that CalRecycle has identified for the City to address are as follows:
· Requirements for Commercial Edible Food Generators (Section 9 in Model Ordinance) · Requirements for Food Recovery Organizations, Services and Jurisdictions (Section 10 in Model Ordinance)
To aid this effort, the City has the benefit of a model ordinance developed by CalRecycle (included as attachment) which includes language from the SB 1383 regulations highlighted for jurisdictions, provided to ensure ordinance revisions conform to the regulations. The major changes recommended by staff utilize language directly from the model ordinance.

As an important side note, even though CalRecycle has identified these components to be addressed with enforceable ordinances, they have also communicated to the City that the Procurement component of SB 1383 must be addressed. Even though the City has a Procurement policy that closely conforms to CalRecycle’s model, staff recognizes that there are operational changes and small edits to the policy that still need to be done to comply with the new regulations.

Ordinance Update Focus
The update to Chapter 8.28 of the City ordinance is focused on revisions and additions to SB 1383 only. New sections added as required, reflect language provided by CalRecycle in the model ordinance sections above with minor modifications as needed to individualize the regulations to the City of Visalia.

In addition, updating the City’s Municipal Code incorporates some necessary definitions of SB 1383 language to be added to section 8.28.020 Definitions.

With the shortened time available to amend Chapter 8.28 to bring it into compliance with SB 1383, staff is recommending the approach of adding sections to the existing chapter for Solid Waste Collection and Disposal instead of creating a new chapter altogether. Because the regulations associated with SB 1383 impact many waste program policies within the City, and since the enforcement of these regulations is referenced to the enforcement section within the chapter, it is a less weighty task of adding them to the existing chapter.

Enforcement
Most changes required by SB 1383 are highly prescriptive and offer little room for customization by jurisdictions. It is important to note that the enforcement process for violations of SB 1383 regulations will be required by all jurisdictions beginning in January 2024. Prior to that date, jurisdictions can undertake their own process, or focus on an education only approach.

SB 1383 specifies the penalties and steps for enforcement of violations related to organic wastes.

These penalties are a range, with the minimum and maximum penalties included here:
· First Violation - $50.00 - $100.00
· Second Violation - $100.00 - 200.00
· Third Violation - $250.00 - $500.00
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Currently, the City’s Section of Chapter 8.28 that references enforcement is already in compliance and has a similar truncated process for violations. The current City Ordinance regarding enforcement presently reads as follows:

B. Any person convicted of any infraction of this chapter shall be punished by:

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

2. A fine not exceeding one hundred dollars ($100.00) for the second violation of this chapter within one year; and

3. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense.

To streamline all sections within Chapter 8.28, this section is referenced when pointing to enforcement to save repetitiveness within the Code. It is referenced in the same way in the sections listed in this update. It is important to note that the Solid Waste enforcement policy issues a warning to give the resident/manager/owner an attempt to correct the violation before fines are administered.

Education Period for Non-Compliance
The SB 1383 regulations give jurisdictions the option to conduct a two-year education period from January 1, 2022 - December 31, 2023. This period would include all the actions the jurisdiction is required to take, however, when a customer is not in compliance, the jurisdiction would only provide educational materials to inform them of the requirement. Staff recommends this approach for the new updates included in this update to the Ordinance, but not to other SB 1383 related items like contamination of organic waste, since the City has had organics service since 2014 when food scraps were initially permitted in our green waste residential receptacles.

Even though CalRecycle applies a “Good Faith Effort” when determining a jurisdiction’s compliance with the SB 1383 requirements, it is important to note that there are repercussions if the City does not comply. If CalRecycle determines that an ordinance by a jurisdiction is inconsistent or does not meet the requirements of the regulations, CalRecycle will notify the jurisdiction and provide an explanation of the deficiencies. The jurisdiction then has 180 calendar days to correct. If CalRecycle finds a jurisdiction in violation of the regulations beyond the correction period, there may be penalties.

These penalties can range from $500 - $10,000 per day dependent on the type of violation.

Fiscal Impact:

None
Prior Council Action:

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

April 4, 2022 - Adoption of Ordinance 2022-05. This revised the recycling requirements of who must subscribe to a higher standard threshold.

Other:

N/A
Alternatives:

Alternative is to not approve and adopt Ordinance 2022-07 and the associated updates and revisions to the Visalia Municipal Code chapter 8/.28, Solid Waste Collection and Disposal. This may require Visalia City Council Page 3 of 4 Printed on 9/2/2022 powered by Legistar™123
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to the Visalia Municipal Code chapter 8/.28, Solid Waste Collection and Disposal. This may require enforcement action by CalRecycle that may include fines, as described above.

Recommended Motion (and Alternative Motions if expected):

I move to approve and adopt Ordinance 2022-07 and the associated updates and revisions to the Visalia Municipal Code chapter 8.28, Solid Waste Collection and Disposal.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

Draft Ordinance 2022-07
Chapter 8-28 Draft Revision
Ordinance 2018-03 Adoption
Ordinance 2022-05 Adoption
CalRecycle Model Ordinance
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1 ORDINANCE NO. 2022-07

AN ORDINANCE OF THE CITY COUNCIL
AMENDING CHAPTER 8.28 OF THE VISALIA MUNICIPAL CODE

PERTAINING TO EDIBLE FOOD GENERATORS AND FOOD RECOVERY ORGANIZATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

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

The City Council of the City of Visalia hereby makes the following findings A. State Senate Bill (SB) 1383 requires that jurisdictions ensure that Tier 1 food generators, which include large (more than 10,000 square feet) grocery stores, food distributors, wholesale food vendors, and Tier 2 food generators, which include large (5,000 or more square feet) restaurants, large hotels, education agencies with on-site food facilities, have contracts with edible food recovery organizations.

B. The current City Garbage ordinance 8.28 needs updates to definitions in relation to State Senate Bill (SB) 1383 language.

SECTION 2 – Revisions to Municipal Code Chapter 8.28. Chapter 8.28 of the Visalia Municipal Code is hereby revised with the following section changes and additions described below, a copy of the amended sections of Chapter 8.28 is attached hereto, with added language in italics and deleted language in strikeout, and made a part hereof by reference:

8.28.020 Definitions (additional definitions added)

8.28.161 Requirements for Commercial Food Generators (new section added)

8.28.162 Requirements for Food Recovery Organizations (new section added) SECTION 3 – Effective Date. This ordinance shall take effect thirty (30) days from the date of adoption.

SECTION 4 – Severance. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable. 125
2 PASSED AND ADOPTED: September 19, 2022 STEVE NELSON, MAYOR ATTEST: _____________________________

LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY
______________________________

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2022-07 passed and adopted by the Council of the City of Visalia at a regular meeting held on September 19, 2022 and certify a summary of this ordinance has been published in the Visalia Times Delta.

Dated: LESLIE CAVIGLIA, CITY CLERK
_____________________________
By Michelle Nicholson, Chief Deputy City Clerk
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Visalia Draft Municipal Code Update May 16, 2022 Page 1 of 10 Visalia, CA Municipal Code
Chapter 8.28 Update

SOLID WASTE COLLECTION AND DISPOSAL
Updated Sections:

8.28.020 Definitions
New Sections:

8.28.161 Requirements for Commercial Edible Food Generators

8.28.162 Requirements for Food Recovery Organizations and Services

8.28.020 Definitions.

For the purpose of this chapter certain words and terms are defined as follows:

Types of waste:

A. "Bulky wastes" means and includes large items of solid waste such as appliances, furniture, large auto parts, trees, large branches, stumps, asphalt, concrete, large rock, and other oversize wastes of large size which precludes or complicates handling by normal collection or disposal methods.

B. "Commercial solid wastes" means and includes refuse generated by stores, offices, and other commercial sources, excluding wastes from residential single family and multi-family with less than 4 units, and industrial wastes.

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

D. “Edible Food” means unsold or unserved food that is fit for human consumption, even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

E. “Food Recovery” means actions to collect and distribute food for human consumption which otherwise would be disposed.

F. “Food Recovery Organization” means an entity that primarily engages in the collection or receipt of excess edible food generators and distributes that edible food to the public for consumption, including, but not limited to:

1. A food bank as defined in the Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code.

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
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Visalia Draft Municipal Code Update May 16, 2022 Page 2 of 10 G. “Food Recovery Service” means a person or entity that collects and transports edible food from an edible food generator to a food recovery organization or other entities for food recovery.

D. H. "Garbage" includes:

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

2. Uncleaned containers originally used for foodstuffs;

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

4. All other abandoned putrescible organic matter.

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

6. The term garbage does not include dead animals, medical waste, hazardous waste, or household hazardous waste which the city will not collect with its regular service.

E. I. "Hazardous wastes" is defined as any waste with properties that make it potentially dangerous or harmful to human health or the environment. Hazardous wastes can be liquids, solids, or contained gases, and can exhibit the properties of being ignitable, corrosive, toxic or reactive to other chemicals or substances. They can be the by-products of manufacturing processes, discarded used materials such as used oil, or discarded unused products, such as paint, cleaning fluids (solvents) or pesticides.

Also includes any substance contaminated with hazardous waste, such as contaminated soil or dirt. Hazardous wastes are not collected or accepted by City and must be disposed of at a properly licensed disposal facility.

F. J. "Household hazardous waste" means leftover household products that contain corrosive, toxic, ignitable or reactive ingredients and includes products such as paints, cleaners, oils, batteries and pesticides that contain potentially hazardous ingredients. Improper disposal of these wastes can pollute the environment and pose a health threat. Household hazardous waste may not be disposed of by pouring them down the drain, on the ground, or into the storm sewers or by putting them in the trash. Household hazardous waste may be disposed of properly by taking it to the Household Hazardous Waste collection center during normal operating hours.

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

H. L. "Infectious waste" is defined as refuse capable of causing infectious disease; items contaminated with blood, saliva, or other body substances, or those actually or potentially infected with pathogenic material.
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Visalia Draft Municipal Code Update May 16, 2022 Page 3 of 10 I. M. "Medical waste" is defined as "any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals." This definition includes, but is not limited to:

1. blood-soaked bandages

2. culture dishes and other glassware

3. discarded surgical gloves

4. discarded surgical instruments

5. discarded needles used to give shots or draw blood (e.g., medical sharps)

6. cultures, stocks, swabs used to inoculate cultures

7. removed body organs (e.g., tonsils, appendices, limbs)

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

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

2. Oil based paints

3. Cooking oil or fat

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

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

M. Q. "Recyclable wastes" means residential, commercial or industrial solid waste, which includes but is not limited to clean CRV redeemable cans and containers, clean recyclable plastics, paper and cardboard and other such materials that are determined by the Director to be recyclable and are not soiled or deteriorated. Recyclable wastes do not include treated or painted wood or other materials that are coated with a toxic or non-compostable substance. Recyclable wastes are included within the definitions for garbage, refuse and rubble, as outlined in this section. 129
Visalia Draft Municipal Code Update May 16, 2022 Page 4 of 10 N. R. "Refuse" includes organic and inorganic waste, recyclable waste and all other general material waste streams acceptable for collection except rubble (defined below). Refuse does not include Hazardous waste, household hazardous waste, or other non-acceptable material.

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

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

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

R. V. "Sod" is defined as soil with some type of grass or plant growing in it, cut or dug up from the ground.

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

T. X. "Solid waste" means any waste stream that is not in a completely liquid or gaseous state. Solid waste can contain some liquid, but cannot be in a state where the material may leak or run out of the container it is put in. Residential food waste should be drained of as much liquid as possible before disposing in a container.

Y. “Tier One commercial edible food generator” means a commercial edible food generator that is one of the following:

1. Supermarket, meaning a full-line, self-service retail store with gross annual sales of two million dollars or more, and which sells dry grocery, canned goods, or nonfood items and some perishable items.

2. Grocery Store, with a total facility size equal to or greater than 7,500 square feet.

The term “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments. 130
Visalia Draft Municipal Code Update May 16, 2022 Page 5 of 10

3. Food Service Provider, meaning an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.

4. Food Distributor, meaning a company that distributes food to entities including but not limited to, supermarkets and grocery stores.

5. Wholesale Food Vendor, meaning a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, or prepared for distribution, to a retailer, warehouse, distributor, or other destination.

Z. “Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an onsite food facility and 200 or more rooms.

3. Health facility with an on-site food facility and 100 or more beds..

4. Large Venue, meaning a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.

5. Large Event, meaning an event, including but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

6. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal. to or greater than 5,000 square feet.

7. A Local Education Agency with an on-site food facility. The term “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste.

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

All other definitions:
131
Visalia Draft Municipal Code Update May 16, 2022 Page 6 of 10 V. BB. "Automated lift container" means a container with a hinged lid that is designed to be lifted, dumped, and returned by refuse collection vehicles that have a mechanical lifting device.

W. CC. "Authorized containers": The term refers to the types of containers provided by the City that are authorized to be used for refuse collection within the City. Authorized containers are 96 gallon or smaller automated lift containers provided by the city for residential refuse collection. The Director must authorize in writing the use of any other type container for residential refuse collection. Refuse set out for collection in any unauthorized or unapproved containers will not be serviced until the refuse is placed in an authorized container for collection.

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

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

2. Be leak-proof if carrying wet wastes;

3. Be free of sharp, rough, or jagged surfaces or edges likely to cause injury;

4. Uses casters or other means for easy movement (for bins up to four cubic yards in size);

5. Be designed in a manner to be emptied mechanically.

Y. EE. "Bundle" means a package containing rubbish only (no liquids), not exceeding four feet in its longest dimension, two feet in diameter nor twenty-five (25) pounds in weight, securely tied with cord or rope of sufficient strength to permit lifting and carrying of the full weight thereof without spillage including, but not limited to, the following:

1. Tree limbs;

2. Brush and prunings;

3. Magazines and newspapers.

Z. FF. "Cart" see "automated refuse containers" above.

AA. GG. "City" means the City of Visalia, California.

BB. HH. "City council" means the city council of the City of Visalia.

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

DD. JJ. "Commercial Generator" means any commercial or industrial property that generates solid waste, or multi-family dwelling of 5 or more units.

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

FF. LL. "County" means the County of Tulare, California. 132
Visalia Draft Municipal Code Update May 16, 2022 Page 7 of 10 GG. MM. "Customer" means the person in whose name an account for solid waste service is established.

HH. NN. "Delinquent balance" means fees which are not paid in accordance with the schedule established by the director as required by Section 4044(F). At the time the fees become delinquent, they shall constitute an unrecorded lien against the property.

II. OO. "Director" or "Public Works Director" means the director(s) of the department(s) responsible for carrying out the provisions of this chapter, the City of Visalia Public Works Department.

JJ. PP. "Dwelling unit" means a building or portion of a building arranged, intended or designed to be occupied by not more than one family and having facilities for sleeping, eating, cooking and sanitary purposes.

KK. QQ. "Franchised permittee" means a permitted entity that provides roll-off box service for the removal of construction and demolition material, yard waste, or recyclable material within the City of Visalia and is subject to the provisions of Section 130 of this Chapter.

LL. RR. "Lien" means the delinquent balance of billed fees which may be recorded or unrecorded.

MM. SS. "May" is permissive.

NN. TT. "Multiple family dwelling" means a dwelling complex, such as a duplex or apartment, consisting of more than one dwelling unit.

OO. UU. "Nuisance" means anything which is injurious to health or is offensive to the senses or an obstruction to the free use of property so as to interfere with a person's comfort or enjoyment of life or property, or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

PP. VV. "Overfull" means filled to a level in excess of the designed capacity. A container shall be deemed overfull when the material therein extends above the lip of the container and/or the lid of the container is unable to close fully.

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

RR. XX. "Property" means each individual residential, commercial or industrial establishment or dwelling unit, as defined by property lines.

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

1. Be leak-proof if carrying wet wastes;

2. Be free of sharp, rough, or jagged surfaces or edges likely to cause injury;

3. Have the ability to be covered with a tarpaulin, lid, or other suitable covering; 133
Visalia Draft Municipal Code Update May 16, 2022 Page 8 of 10

4. Be compatible to be safely lifted onto city roll-off trucks.

TT. ZZ. "Shall" is mandatory.

UU. AAA. “Standard containers.” See "authorized containers." VV. BBB. "Temporary service" means limited-term service for bins and roll-off boxes which may be requested for a period not to exceed 30 days in any 12-month period, unless authorized by the Director or his or her designee, and except for construction sites or work requiring a permit where temporary service may be required for longer periods of time or where longer terms are authorized in writing by the Director. (Ord. 2018-03, 2018; prior code § 4032)

8.28.161 Requirements for Commercial Edible Food Generators A. Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities,” as that term is defined under California Health and Safety Code section 113789, operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to state law, including but not limited to Section 18991.4 of California Code of Regulations Title 14.

5. Keep records that include the following information:
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Visalia Draft Municipal Code Update May 16, 2022 Page 9 of 10 a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under state law.
b. A copy of all contracts or written agreements established under state law.
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected or selfhauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

D. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

E. A violation of this section shall result in an infraction as constituted in §8.28.220.

8.28.162 Requirements for Food Recovery Organizations and Services A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under state law, shall maintain the following records :

1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. 135
Visalia Draft Municipal Code Update May 16, 2022 Page 10 of 10

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under state law, shall maintain the following records :

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City of Visalia and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to state law shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with no later than June 30 subsequent to the reporting year.

D. Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the City of Visalia, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the City.

E. A violation of this section shall result in an infraction as constituted in §8.28.220. 136
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CalRecycle
SB 1383 Implementation Tools
Model Mandatory Organic Waste Disposal
Reduction Ordinance
DATE
Revised 1/25/2021
Prepared by
HF&H Consultants, LLC
in conjunction with
Debra Kaufman Consulting
159
Insert Date - 2 - Jurisdiction Name/Contractor Name
Franchise Agreement
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DISCLAIMER
This Model Tool is for informational and example purposes only. It should not merely be duplicated without consideration of an individual jurisdiction’s particular needs or circumstances. It is not intended to cover each and every situation, nor can it anticipate specific needs. In developing this Model Tool, CalRecycle and its consultants (HF&H Consultants in conjunction with Debra Kaufman Consulting) have attempted to ensure that the language herein aligns with the SB 1383 regulations; however, in the event of any conflict, the language in the regulations shall prevail over language in the Model Tool and determination of regulatory intent and interpretation should be appropriately guided by the regulatory language and the official rulemaking record of which this Model Tool is not a component. CalRecycle and its consultants make no representation that use of this Model Tool will ensure compliance with regulatory requirements. This Model Tool does not constitute legal advice. Jurisdictions are encouraged to seek legal counsel appropriate to their particular circumstances regarding compliance with regulatory requirements.

SB 1383 regulations do not dictate that jurisdictions use this Model Ordinance or other ordinance to establish an enforceable mechanism to regulate entities compliance with SB 1383 requirements and standards. Jurisdictions may use an ordinance or other enforceable mechanisms as appropriate pursuant to SB 1383 regulations (14 CCR Section 18981.2(a)).
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ACKNOWLEDGEMENTS
This Model Mandatory Organic Waste Disposal Reduction Ordinance was prepared in partnership with CalRecycle, HF&H Consultants, and Debra Kaufman Consulting, with review and input from a Resource Group of experts in a variety of fields and geographic areas of the State. We would like to thank key members of the CalRecycle team and Resource Group members who contributed to this Model Mandatory Organic Waste Disposal Reduction Ordinance as follows:

Resource Group
Kim Braun, City of Culver City
Suk Chong, Los Angeles County
Sandra Fox, Special Counsel, City of Fremont
Ray Grothaus, Republic Services
Katie Hansen, California Restaurant Association
Veronica Pardo, California Refuse and Recycling Council Eric Potashner, Recology
Jerry Schuber, City of Fresno
Kelly Schoonmaker, StopWaste (Alameda County Waste Management Authority) Larry Sweetser, Rural Counties Environmental Services JPA Michael Wonsidler, County of San Diego
CalRecycle
Catherine Blair, Environmental Program Manager
Elliot Block, Chief Counsel
Hank Brady, SB 1383 Manager
Harllee Branch, Assistant Chief Counsel
Tamar Dyson, Senior Staff Counsel
Christina Files, Information Officer (Specialist)
Alan Ilusorio, Senior Environmental Scientist (Supervisory) Trisha Moore, Senior Environmental Scientist (Specialist) Cara Morgan, Environmental Program Manager
Leticia Murphy, Office Technician
Ashlee Yee, Senior Environmental Scientist (Specialist) 162
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GUIDANCE

TABLE OF CONTENTS
INTRODUCTION ............................................................................................................. 1 IMPORTANT CONSIDERATIONS.................................................................................. 2 CUSTOMIZATION CONSIDERATIONS ......................................................................... 4

1. Guidance and Option Notes .............................................................................. 4

2. Standard Compliance or Performance-Based Compliance Approach ............... 4

3. Type of Jurisdiction ........................................................................................... 5

4. Waivers and Exemptions ................................................................................... 5

5. Collection Method .............................................................................................. 6

6. Delegation of Responsibilities & Enforcement ................................................... 6

7. Alignment of Defined Terms .............................................................................. 7

8. Document Structure .......................................................................................... 8 ADDITIONAL TIPS FOR USING THE MODEL .............................................................. 9 ADDITIONAL CALRECYCLE RESOURCES ................................................................. 9

MODEL ORDINANCE

TABLE OF CONTENTS
SECTION 1. PURPOSE AND FINDINGS ....................................................................... 1 SECTION 2. TITLE OF ORDINANCE ............................................................................. 2 SECTION 3. DEFINITIONS ............................................................................................. 2 SECTION 4. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS (STANDARD COMPLIANCE APPROACH) ....................................................................................... 17 SECTION 5. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS
(PERFORMANCE-BASED COMPLIANCE APPROACH) ............................................ 18 SECTION 6. REQUIREMENTS FOR COMMERCIAL BUSINESSES (STANDARDCOMPLIANCE APPROACH) ....................................................................................... 20 SECTION 7. REQUIREMENTS FOR COMMERCIAL BUSINESSES (PERFORMANCEBASED COMPLIANCE APPROACH) .......................................................................... 24 SECTION 8. WAIVERS FOR GENERATORS ............................................................. 28 SECTION 9. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS ...................................................................................................................................... 31 SECTION 10. REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES, JURISDICTIONS, AND REGIONAL AGENCIES ..................................... 33 164
SECTION 11. REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS ...... 36 SECTION 12. SELF-HAULER REQUIREMENTS ........................................................ 38 SECTION 13. COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS .... 39 SECTION 14. MODEL WATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS ......................................................................................................... 42 SECTION 15. PROCUREMENT REQUIREMENTS FOR JURISDICTION
DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND VENDORS......................... 44 SECTION 16. INSPECTIONS AND INVESTIGATIONS BY JURISDICTION ............... 46 SECTION 17. ENFORCEMENT .................................................................................... 48 SECTION 18. EFFECTIVE DATE ................................................................................. 55 165
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GUIDANCE ON THE MODEL MANDATORY

ORGANIC WASTE DISPOSAL REDUCTION

ORDINANCE
The California Department of Resources Recycling and Recovery (CalRecycle) oversees a variety of programs and policy initiatives to reduce the amount of solid waste sent to landfills and promote recycling in California, including organic waste recycling under SB 1383. SB 1383, as enacted in 2017 (Lara, Chapter 395, Statutes of 2016), establishes statewide targets to reduce the statewide disposal of organic waste by 50 percent by 2020 and 75 percent by 2025; and requires that not less than 20 percent of edible food that is currently disposed be recovered for human consumption by 2025. For the purposes of this document, “SB 1383 regulations” or “SB 1383 regulatory” requirements refer to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of Title 14, Division 7 of the California Code of Regulations (CCR), and amended portions of regulations of Title 14 CCR and Title 27 CCR. The SB 1383 regulations set forth a variety of programmatic and policy-related requirements for jurisdictions, generators, and other entities to support the Statewide goals of SB 1383.

To support jurisdictions and other regulated entities with implementing programs and policies to reach compliance with SB 1833 regulations, CalRecycle offers four Model Implementation Tools including a Model Franchise Agreement, Model Mandatory Organic Waste Disposal Reduction Ordinance, Model Recovered Organic Waste Product Procurement Policy, and Model Food Recovery Agreement. These tools are available for jurisdictions to use and customize to meet their unique needs.

INTRODUCTION
This Guidance supports the use of the Model Mandatory Organic Waste Disposal Reduction Ordinance (Model). The Model was created recognizing that jurisdictions throughout the State are required by SB 1383 regulations to adopt an ordinance or other similarly enforceable mechanism by January 1, 2022, to mandate that organic waste generators, haulers, and other entities subject to the requirements of SB 1383 regulations and subject to the jurisdiction’s authority, comply with SB 1383 regulatory requirements.

The Model supports establishment of enforceable SB 1383-related requirements for organic waste generators, haulers, and other entities subject to the jurisdiction’s authority.

It also provides a tool for jurisdictions to regulate those entities’ compliance with SB 1383 regulations. Some jurisdictions may choose to adopt such an ordinance or amend an existing ordinance earlier than January 1, 2022. While a jurisdiction may designate a public or private entity to fulfill some of its SB 1383 regulatory responsibilities via contracts or written agreements, the jurisdiction itself remains responsible for its SB 1383 compliance and enforcing other entities’ compliance with the SB 1383 regulatory items 166
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contained in the ordinance. Under SB 1383 regulations, the jurisdiction is also not allowed to delegate the authority to impose civil penalties to a private entity.

Note: SB 1383 regulations do not dictate that jurisdictions use this Model Ordinance or other ordinance to establish an enforceable mechanism to regulate entities’ compliance with SB 1383 regulatory requirements and standards. Jurisdictions may use an ordinance or other enforceable mechanisms as appropriate, pursuant to SB 1383 regulations (14 CCR Section 18981.2(a)).

The Model includes and addresses the SB 1383 regulatory requirements that jurisdictions need to enforce on other entities, including requirements for generators to participate in organic waste collection programs or self-haul organic waste to processing; multi-family and business owners and property managers to support organic waste disposal reduction; commercial edible food generators to recover edible food through contracts or written agreements with food recovery organizations and services; and more. There are other SB 1383 regulatory requirements placed on the jurisdictions that are not included in this Model that may be enforced by CalRecycle on the jurisdiction (and others) including certain recordkeeping, contamination monitoring, procurement, and outreach requirements. These other jurisdictional requirements of SB 1383 regulations may need to be addressed in the jurisdiction’s ordinance or separately from their ordinance via incorporation into jurisdiction’s other internal policies, guidance, municipal code, and/or other planning documents and guidelines.

Jurisdictions should consult with their legal counsel to determine the best avenue for incorporating these other requirements into their relevant policies, codes, and practices.

For example, procurement requirements specified in 14 CCR, Division 7, Chapter 12, Article 12 are presented in the Model Procurement Policy; however, some jurisdictions may determine that some or all of the procurement requirements should be addressed in their ordinance. In such case, the ordinance shall be expanded beyond the scope provided herein to incorporate additional procurement requirements.

The Model has been developed to provide an easy-to-use and highly customizable template for creating an ordinance. The guidance provided herein highlights important considerations to keep in mind when using the Model; customization strategies to adapt the Model to fit jurisdictions’ unique conditions, and includes tips and list of additional resources. The jurisdiction may use this model ordinance in its entirety or use only relevant parts of the ordinance.

IMPORTANT CONSIDERATIONS
 New Ordinance or Amendment of Existing Ordinance. The Model is designed to be highly customizable for jurisdictions, providing options to address a range of program and policy choices. It can be used by jurisdictions drafting a new ordinance and those amending an existing ordinance. If jurisdictions are amending an existing ordinance, example provisions from the Model can be integrated into their existing ordinance. Jurisdictions should be mindful of the fact that this Model is intended to 167
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focus on SB 1383 regulatory requirements. A jurisdiction may choose to integrate additional provisions into its ordinance to: (i) provide more clarification on how regulated entities are expected to comply; (ii) expand beyond the SB 1383 regulatory requirements; and/or (iii) include other solid waste handling and diversion requirements.
 SB 1383 Regulatory Requirements. Each jurisdiction is responsible for understanding and achieving compliance with SB 1383 regulations. Use of the Model Ordinance does not exempt a jurisdiction from complying with all SB 1383 regulatory requirements. The Model Ordinance includes example language that supports compliance with some, but not all SB 1383 regulatory requirements. The Model Ordinance is designed to enable the jurisdiction to require and enforce provisions that SB 1383 regulations require jurisdictions to require and enforce. It does not include the requirements on the jurisdiction itself, which CalRecycle will be enforcing on the jurisdiction, including recordkeeping, contamination monitoring, recovered organic waste product procurement target attainment, and outreach and education. It is advised that jurisdictions thoroughly review the SB 1383 regulations and take necessary actions to ensure full compliance.

In instances where language from the SB 1383 regulations are incorporated into the Model Ordinance, the language is shown in blue font. The SB 1383 regulation-specific content in blue font follows closely with SB 1383 regulatory language; however, in many cases, the wording of SB 1383 regulatory requirements was adapted to fit the context of the Model Ordinance, conform with defined terms, or be framed with sufficient detail for the Model Ordinance. Additional information on SB 1383 regulations is embedded in many of the guidance notes.

Black font identifies language that is not specific to SB 1383 regulations. In most cases, it relates to the requirements of SB 1383 regulations and has been included to provide the context to understand how SB 1383 regulation-related provisions can be integrated into an ordinance. In other cases, it presents example language to provide the framework of a typical ordinance and guidance notes generally indicate that it is example language that is not required by SB 1383 regulations.  Involve Legal Counsel. Any ordinance that results from use of the Model shall not be considered to have undergone legal counsel review. Each jurisdiction is responsible for involving its legal counsel to perform legal review and approval processes typically required by the jurisdiction for approval of such ordinances.  Engage with Affected Entities When adopting a new or amended ordinance, it is advised that the review and adoption process involve engagement with the regulated entities, which will help with the implementation process as they will be more aware of the upcoming requirements. For example, engagement with organic waste generators, haulers, food recovery organizations, and food recovery services may help jurisdictions to obtain useful input from these stakeholders. 168
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 Example Language Only. The provisions in the Model Ordinance are examples of how some SB 1383 regulatory requirements may be integrated and worded in an ordinance. Jurisdictions are not required to use this exact language. The language does, however, reflect the requirements that jurisdictions are required to place on others. All language should be considered in the context of the specific requirements contained in the SB 1383 regulations and the jurisdictions’ unique conditions.

CUSTOMIZATION CONSIDERATIONS
The Model Ordinance is designed to be customizable for a diverse range of jurisdictions, while providing flexibility for each jurisdiction using the Model to reflect their needs. For example, the Model includes a range of options for collection programs (three-, threeplus, two-, and one-container programs; split carts; uncontainerized collection; etc.).

Each jurisdiction will want to capture its local systems and unique approach to its organics collection program and services. As such, jurisdictions are advised to consider the following general items when crafting their ordinance. More specific guidance is included in the Model.

1. GUIDANCE AND OPTION NOTES
Guidance notes are integrated into the Model Ordinance to explain how specific sections and provisions of the Model can be customized for a jurisdiction’s needs. General guidance notes are highlighted green. Notes in blue identify various options or areas where specific information is to be inserted or selected.

The Model Ordinance addresses common variations of programs and service options; however, addressing all jurisdictional scenarios was not practical. Given this, some jurisdictions may need to customize some sections of the Model to reflect their conditions by drawing on example provisions in the Model as a starting point. This may be especially true for rural, low-population, or high-elevation jurisdictions that may qualify under SB 1383 regulations for waivers or exemptions from specific requirements (subject to CalRecycle approval of such waivers).

2. STANDARD COMPLIANCE OR PERFORMANCE-BASED

COMPLIANCE APPROACH
The terms “Standard Compliance Approach” and “Performance-Based Compliance Approach” are used throughout the Model Ordinance in some section titles, guidance notes, and customization notes. For the purpose of the Model, “Standard Compliance Approach” means the method for complying with the SB 1383 regulations through implementation of organic waste collection programs and policies in accordance with 14 CCR Division 7, Chapter 12, Article 3 and associated requirements. Generally, all provisions in the SB 1383 regulations, other than 14 CCR, Division 7, Chapter 12, Article 169
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17, apply to the Standard-Compliance Approach, unless the Performance-Based Compliance Approach is specifically referenced. For the purpose of the Model, “Performance-Based Compliance Approach” means the “performance-based source separated collection service” that meets the requirements of 14 CCR Division 7, Chapter 12, Article 17, or as otherwise defined by 14 CCR Section 18982(a)(52.5), and all associated requirements.

The compliance approach chosen will affect the provisions and structure of a jurisdiction’s ordinance. Some sections in the Model Ordinance are specific to jurisdictions using the Standard Compliance Approach and Performance-Based Compliance Approach and are labeled accordingly. Jurisdictions should use only the sections relevant to their compliance approach and delete the other sections. If section labeling does not identify either of these approaches, the section is applicable to jurisdictions using either type of approach.

For jurisdictions that are adopting a Performance-Based Compliance Approach, jurisdictions should consider the requirements from which they are exempt pursuant to SB 1383 regulations (14 CCR Section 18998.2). Some jurisdictions may decide it is prudent to include these requirements in their ordinance with a mechanism that allows the provisions to be triggered automatically, within a specified time frame, in the event the jurisdiction does not meet the requirements of the Performance-Based Compliance Approach and such compliance exceptions are no longer valid. Other jurisdictions may choose not to include provisions related to the compliance exceptions and amend their ordinance in the future if the jurisdiction does not meet the requirements of the Performance-Based Compliance Approach. The Model Ordinance reflects the later approach.

3. TYPE OF JURISDICTION
Some SB 1383 regulatory requirements differ based on the type of jurisdiction (e.g., city, county, regional agency, special district that provides solid waste collection services, etc.). Jurisdictions should choose the customization options that best match the requirements of their jurisdiction type. Ordinance provisions that differ based on the jurisdiction type will be identified in the guidance notes of the Model Ordinance. Note that the Model does not address the full framework a regional agency or special district will need to capture for its relationship with its member agencies. These types of jurisdictions will need to make modifications to the ordinance depending on their specific requirements.

4. WAIVERS AND EXEMPTIONS
SB 1383 regulations allow jurisdictions to grant waivers to some generators for de minimis volumes, physical space limitations, and less-than-weekly collection frequency, although these waivers are not required. Jurisdictions are advised to review SB 1383 regulations (14 CCR Section 18984.11) on allowable generator waivers and decide whether or not to 170
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include one or more of these generator waivers in their ordinance. The Model Ordinance includes sample language should a jurisdiction decide to include de minimis, physical space, and/or less-than-weekly collection frequency waivers for generators that meet specified requirements.

SB 1383 regulations (14 CCR Section 18984.12) also provide for CalRecycle to grant waivers and exemptions to jurisdictions and some or all of its generators for compliance with some or all of the organic waste collection requirements of SB 1383 regulations (14 CCR Division 7, Chapter 12, Article 3) when the jurisdictions meet low-population, rural area, or high-elevation criteria. Jurisdictions are advised to review the relevant SB 1383 regulations to assess their eligibility for jurisdiction waivers and exemptions and decide whether they plan to apply for a low population or high elevation waiver or a rural exemption. The Model Ordinance does not include language for low population and high elevation waivers and rural exemptions, as the Model Ordinance is focused on requirements on generators and those regulated by the jurisdiction. These types of waivers are granted by CalRecycle to the jurisdiction. Jurisdictions may need to modify their ordinance language depending upon whether they plan to apply for and are granted these specific waivers from CalRecycle.

While waivers for low-population areas and high-elevation areas waive some SB 1383 regulatory requirements for generators and jurisdictions, AB 341 and AB 1826 requirements apply for jurisdictions and for multi-family and commercial generators that are covered by AB 341 and AB 1826 and located in these areas. As a result, jurisdictions with these waivers may need to amend their ordinances to require generators that are covered by AB 341 and AB 1826 to comply with those requirements, to address waivers allowed under AB 341 and AB 1826, and to align with the jurisdiction’s AB 341 commercial recycling program and AB 1826 organic waste recycling programs.

5. COLLECTION METHOD
The manner in which a jurisdiction arranges for organic waste collection services to be provided to generators will impact the necessary provisions of their ordinance. General guidance and options are presented in the Model Ordinance to give jurisdictions insight on which language to select and adapt for their collection program conditions.

6. DELEGATION OF RESPONSIBILITIES & ENFORCEMENT
Users of the Model Ordinance are also advised to consider which enforcement requirements of the SB 1383 regulations will remain the responsibility of the jurisdiction or whether they will be delegated to another jurisdiction, including regional agencies. For example, some jurisdictions may choose to conduct inspections and enforcement themselves and others may enter an agreement with another jurisdiction to conduct such inspections and enforcement on their behalf (such as a regional agency or County Environmental Health Department). Jurisdictions should consider whether it is sharing responsibility for enforcement with any other jurisdictions when considering what language to include. 171
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Example language to reflect a shared enforcement methodology is presented in the Model Ordinance as an option. It is important to note that regardless of how a jurisdiction chooses to handle enforcement, the jurisdiction itself remains responsible for enforcement, and could be subject to penalties based on non-enforcement, according to SB 1383 regulations. It is also important to understand that SB 1383 regulations prohibit a jurisdiction from delegating its authority to impose civil penalties, or to maintain an action to impose civil penalties, to a private entity. Jurisdictions should change the enforcement language in the Model Ordinance to be consistent with their own administrative procedures on enforcement actions; the enforcement process and timeline outlined in SB 1383 regulations; and California Government Code Section 53069.4.

7. ALIGNMENT OF DEFINED TERMS
The Model Ordinance includes dozens of defined terms, many of which were obtained from SB 1383 regulatory definitions and some from example ordinances and franchise agreements. The nuances of defined terms and their relationship to one another can have a significant impact on the meaning of the provisions of the ordinance. For this reason, jurisdictions are advised to carefully review the definitions they are using in existing ordinances, franchises, processing agreements, and municipal code, as well as the definitions in SB 1383 regulations, and modify existing definitions, delete non-applicable definitions, and integrate new ones where needed. It is likely that some of the definitions in the Model can be used without modification, while others will need to be tailored to the jurisdiction’s unique conditions, collection program, and contractual arrangements. For example, if a jurisdiction is considering use of an anaerobic digestion facility that only accepts clean food scraps, the jurisdiction may want to exclude food-soiled paper in the definition of food scraps, or create an additional subdivision of the definition.

Additionally, the Model refers to containers by their colors (gray, green, blue, and brown) as done in the SB 1383 regulations. Users may need to add, remove, or change colors of containers in the definitions to match the container lid and body color options selected for their program, pursuant to the container color requirements and compliance dates in Article 3 of the SB 1383 regulations. Additionally, definitions are included that would work for each type of organics collection system: three, three-plus, two-, and one-container, and the allowable permutations thereof. Once the jurisdiction determines their collection system(s), they should retain the definitions that are most appropriate for their collection program and delete the others. Guidance notes in the Model provide direction on the instances in which some definitions are applicable or non-applicable.

The following figure identifies the defined terms used in the Model Ordinance to describe the various material streams associated with each color container. This is provided for convenience to orient the user to the terminology, which, in some cases, is likely to be different than their current terminology.

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Defined Terms Used in Model Ordinance
Container
Color
Terminology of Material Streams
Blue Containers
 Source separated recyclable materials
 Non-organic recyclables - glass, metal, plastic, etc.  Source separated blue container organic waste
(SSBCOW) – organic recyclables such as fibers and
cardboard
Green containers  Source separated Green Container organic waste (SSGCOW)
Gray containers
 Gray container waste (three- and three-plus container systems that do not allow organic waste, such as food
waste, in the gray container)
 Mixed waste organic collection stream or mixed waste
(two- and one-container systems and three- and threeplus-container systems that allow organic waste, such as food waste, in the gray container)
Note: Organic waste is a defined term that serves as an umbrella for all organics including SSBCOW, SSGCOW, textiles, carpet, etc. Organic wastes are collected in a combination of containers depending on the collection system and therefore not separately identified in the table above.

Not all of the definitions contained within the SB 1383 regulations have been included in the ordinance. It is advised that the jurisdiction review all of the SB 1383 regulatory definitions and determine whether it would be beneficial to add any additional terms.

While the user may also modify or create their own definitions, the jurisdiction must ensure that all SB 1383 regulatory requirements are met. For example, material streams can be defined, renamed, or further subdivided, or the jurisdiction may wish to refer to the containers by material stream type rather than color; however, the ordinance must include requirements to assure that all organic waste specified in SB 1383 regulations for collection is collected and processed or managed in a compliant manner.

In addition, jurisdictions will need to amend the definitions in their municipal/county code to align with updated definitions in their ordinance and franchise agreement. Jurisdictions should attempt to coordinate definitions used in the ordinance, their franchise agreement, and their municipal/county code sections related to solid waste collection and recycling.

8. DOCUMENT STRUCTURE
The Model Ordinance is structured to include sections on definitions and requirements on: single-family and multi-family generators, commercial businesses, self-haulers, commercial edible food generators, food recovery organizations and services, vendors of paper products, and sections on waivers, compliance with CALGreen and MWELO, 173
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inspections, and enforcement. Where applicable, separate sections are included for those using the standard compliance approach vs. the performance-based compliance approach.

ADDITIONAL TIPS

FOR USING THE MODEL

1. Modify Language. Adjust the Model language to fit the jurisdiction’s specific needs.

For example, a jurisdiction using only a three-container system will need to delete all provisions related to three-plus, two-, and one-container systems.

2. Change Jurisdiction. The term “jurisdiction” is used throughout this Model Ordinance; however, the entity responsible for adopting this Ordinance will need to change “jurisdiction” throughout the document to the appropriate term, which may be City, County, City and County, Special District that provides solid waste handling services, Joint Powers Authority, Regional Agency, etc.

3. Delete Guidance Notes and Unused Options. Green highlighting identifies guidance notes presented in the Model for reference only, which are to be removed by the user when preparing its final Ordinance. In cases where the Model offers multiple options, blue highlighting identifies optional provisions and areas where customization is advised. Options and customization items that are not selected are to be deleted and section numbers must be modified accordingly.

4. Blend Existing Provisions with Model Provisions. When using the Model Ordinance, users may want to select provisions from both the Model Ordinance and their existing ordinance(s) to create an ordinance that best suits its needs.

5. Style and Design. The use of multiple font colors and highlighting to differentiate content in the Model Ordinance, as described above, is not required in any final document produced, and the colors should be eliminated or made consistent with the user’s standard document styles. The Model Ordinance has been designed in accordance with CalRecycle’s accessibility guidelines. SB 1383 regulations do not require specific styles or design to be used for ordinances, and the final document style is at each jurisdiction’s discretion.

ADDITIONAL CALRECYCLE RESOURCES

1. SB 1383 General Information: https://www.calrecycle.ca.gov/organics/slcp

2. SB 1383 Regulations: https://www2.calrecycle.ca.gov/Docs/Web/118371 (for an accessible version, please use this link:
https://www2.calrecycle.ca.gov/Docs/Web/118368)
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3. SB 1383 Model Implementation Tools:
https://www.calrecycle.ca.gov/organics/slcp/education\
This webpage includes the following Model Tools:
 Model Franchise Agreement
 Model Mandatory Organic Waste Disposal Reduction Ordinance  Model Recovered Organic Waste Product Procurement Policy  Model Food Recovery Agreement

4. Other Recovered Organic Waste Product Procurement Resources  Calculator for Annual Recovered Organic Waste Product Procurement:
https://www2.calrecycle.ca.gov/Docs/Web/118521

5. SB 1383 Case Studies: https://www.calrecycle.ca.gov/organics/slcp/education Eight case studies are available including two each on franchise agreements, mandatory organic waste disposal reduction ordinances, recovered organic waste product procurement, and food recovery programs and policies.

6. Other Relevant SB 1383 CalRecycle Reports
 SB 1383 Local Services Rates Analysis:
https://www2.calrecycle.ca.gov/Publications/Details/1698  SB 1383 Infrastructure and Market Analysis:
https://www2.calrecycle.ca.gov/Publications/Details/1652

7. Relevant Regulations Referenced in the Model Policy:
 Title 14 of California Code of Regulations, Division 7, Department of Resources Recycling and Recovery:
https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegul ations?guid=IFF17BBCC72F5412C8FEEF78290C1526E&originationContext=do cumenttoc&transitionType=Default&contextData=(sc.Default)  Title 27 of California Code of Regulations, Division 2, Environmental Protection, Solid Waste (27 CCR Division 2):
https://www.calrecycle.ca.gov/laws/regulations/title27
 Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of California Code of Regulations:
https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegul ations?guid=I55B69DB0D45A11DEA95CA4428EC25FA0&transitionType=Defaul t&contextData=%28sc.Default%29
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 Public Contract Code (including recycled-content paper requirements):
https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?toc Code=PCC&division=2.&title=&part=2.&chapter=&article=&goUp=Y  Public Resources Code:
http://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?lawC ode=PRC&division=30.&title=&part=1.&chapter=2.&article=&goUp=Y  Code of Federal Regulations, Title 16 (including relevant definitions):
https://www.govinfo.gov/app/details/CFR-2013-title16-vol1/CFR-2013-title16- vol1-sec260-12/context
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Model Ordinance
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1 MODEL MANDATORY ORGANIC WASTE
2 DISPOSAL REDUCTION ORDINANCE
3 SECTION 1. PURPOSE AND FINDINGS
4 The Jurisdiction finds and declares:
5 (a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste 6 Management Act of 1989 (California Public Resources Code Section 40000, et 7 seq., as amended, supplemented, superseded, and replaced from time to time), 8 requires cities and counties to reduce, reuse, and recycle (including composting) 9 Solid Waste generated in their Jurisdictions to the maximum extent feasible before 10 any incineration or landfill disposal of waste, to conserve water, energy, and other 11 natural resources, and to protect the environment.
12 (b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the 13 State of California on October 5, 2011, which amended Sections 41730, 41731, 14 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 15 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 16 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, 17 the Public Resources Code, as amended, supplemented, superseded and 18 replaced from time to time), places requirements on businesses and Multi-Family 19 property owners that generate a specified threshold amount of Solid Waste to 20 arrange for recycling services and requires Jurisdictions to implement a Mandatory 21 Commercial Recycling program.
22 (c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the 23 Governor of the State of California on September 28, 2014, which added Chapter 24 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public 25 Resources Code, relating to Solid Waste, as amended, supplemented, 26 superseded, and replaced from time to time), requires businesses and Multi-Family 27 property owners that generate a specified threshold amount of Solid Waste, 28 Recycling, and Organic Waste per week to arrange for recycling services for that 29 waste, requires Jurisdictions to implement a recycling program to divert Organic 30 Waste from businesses subject to the law, and requires Jurisdictions to to 31 implement a Mandatory Commercial Organics Recycling program. Guidance:
32 Rural Jurisdictions that are exempt from AB 1826 may not need the preceding 33 statement.
34 (d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires 35 CalRecycle to develop regulations to reduce organics in landfills as a source of 36 methane. The regulations place requirements on multiple entities including 37 Jurisdictions, residential households, Commercial Businesses and business 38 owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food 178
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39 Recovery Organizations, and Food Recovery Services to support achievement of 40 Statewide Organic Waste disposal reduction targets.
41 (e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires 42 Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to 43 implement relevant provisions of SB 1383 Regulations. This ordinance will also 44 help reduce food insecurity by requiring Commercial Edible Food Generators to 45 arrange to have the maximum amount of their Edible Food, that would otherwise 46 be disposed, be recovered for human consumption.
47 (f) Requirements in this ordinance are consistent with other adopted goals and 48 policies of the Jurisdiction including: __________ (Jurisdiction to insert 49 description). Guidance: At Jurisdiction’s option, Jurisdictions may want to include 50 this subsection (f) to add Jurisdiction-specific diversion goals or policies here such 51 as a 75% diversion or zero waste goal, C&D recovery ordinance, greenhouse gas 52 reduction goals, local climate action plan, etc.
53 SECTION 2. TITLE OF ORDINANCE
54 This chapter shall be entitled “Mandatory Organic Waste Disposal Reduction Ordinance”. 55 Guidance: This is a suggested title for the ordinance. Jurisdictions may choose a different 56 name for the ordinance.
57 SECTION 3. DEFINITIONS
58 Guidance: Most of the following definitions are excerpted from the SB 1383 Regulations 59 (14 CCR Section 18982) with SB 1383 Regulation-specific text noted in green font. There 60 are additional definitions in the SB 1383 Regulations that are not included here. 61 Jurisdiction may want to review that list of definitions in 14 CCR Section 18982 to 62 determine whether it wants to add any additional definitions to its ordinance. Jurisdiction 63 may also choose to delete definitions not appropriate for its system and/or to include 64 additional definitions that are appropriate for its system and ordinance. 65 (a) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and 66 shall be used for the purpose of storage and collection of Source Separated 67 Recyclable Materials or Source Separated Blue Container Organic Waste. 68 Guidance: For three-container, three-plus-container, and two-container blue/gray 69 systems, include this “Blue Container” definition. For two-container green/gray 70 systems and one-container systems, delete this definition. 71 (b) “CalRecycle” means California's Department of Resources Recycling and 72 Recovery, which is the Department designated with responsibility for developing, 73 implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others). 179
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74 (c) “California Code of Regulations” or “CCR” means the State of California Code of 75 Regulations. CCR references in this ordinance are preceded with a number that 76 refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). 77 (d) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, 78 joint-stock company, corporation, or association, whether for-profit or nonprofit, 79 strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise 80 defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that 81 consists of fewer than five (5) units is not a Commercial Business for purposes of 82 implementing this ordinance.
83 (e) “Commercial Edible Food Generator” includes a Tier One or a Tier Two 84 Commercial Edible Food Generator as defined in Sections 3(rrr) and 3(sss) of this 85 ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). 86 For the purposes of this definition, Food Recovery Organizations and Food 87 Recovery Services are not Commercial Edible Food Generators pursuant to 14 88 CCR Section 18982(a)(7).
89 (f) “Compliance Review” means a review of records by a Jurisdiction to determine 90 compliance with this ordinance.
91 (g) “Community Composting” means any activity that composts green material, 92 agricultural material, food material, and vegetative food material, alone or in 93 combination, and the total amount of feedstock and Compost on-site at any one 94 time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR 95 Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). 96 (h) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which 97 stated, as of the effective date of this ordinance, that “Compost” means the product 98 resulting from the controlled biological decomposition of organic Solid Wastes that 99 are Source Separated from the municipal Solid Waste stream, or which are 100 separated at a centralized facility.
101 (i) “Compostable Plastics” or “Compostable Plastic” means plastic materials that 102 meet the ASTM D6400 standard for compostability, or as otherwise described in 103 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). 104 (j) “Container Contamination” or “Contaminated Container” means a container, 105 regardless of color, that contains Prohibited Container Contaminants, or as 106 otherwise defined in 14 CCR Section 18982(a)(55).
107 (k) “C&D” means construction and demolition debris. 108 (l) “Designated Source Separated Organic Waste Facility”, as defined in 14 CCR 109 Section 18982(14.5), means a Solid Waste facility that accepts a Source 110 Separated Organic Waste collection stream as defined in 14 CCR Section 111 17402(a)(26.6) and complies with one of the following:
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112 (1) The facility is a “transfer/processor,” as defined in 14 CCR Section 113 18815.2(a)(62), that is in compliance with the reporting requirements of 14 114 CCR Section 18815.5(d), and meets or exceeds an annual average Source 115 Separated organic content Recovery rate of 50 percent between January 1, 116 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 117 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste 118 received from the Source Separated Organic Waste collection stream. 119 (A) If a transfer/processor has an annual average Source Separated 120 organic content Recovery rate lower than the rate required in 121 Paragraph 1 of this definition for two (2) consecutive reporting 122 periods, or three (3) reporting periods within three (3) years, the 123 facility shall not qualify as a “Designated Source Separated Organic 124 Waste Facility”.
125 (2) The facility is a “composting operation” or “composting facility” as defined in 126 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted 127 under 14 CCR Section 18815.7 demonstrates that the percent of the 128 material removed for landfill disposal that is Organic Waste is less than the 129 percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), 130 whichever is applicable, and, if applicable, complies with the digestate 131 handling requirements specified in 14 CCR Section 17896.5. Guidance:
132 Note that the definition of composting operation includes in-vessel digestion 133 as regulated in 14 CCR Section 17896.
134 (A) If the percent of the material removed for landfill disposal that is 135 Organic Waste is more than the percent specified in 14 CCR Section 136 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting 137 periods, or three (3) reporting periods within three (3) years, the 138 facility shall not qualify as a “Designated Source Separated Organic 139 Waste Facility.” For the purposes of this ordinance, the reporting 140 periods shall be consistent with those defined in 14 CCR Section 141 18815.2(a)(49). Guidance: The reporting periods identified in the 142 above Section 3(l)(2)(A) are consistent with reporting that facilities 143 must submit to CalRecycle under RDRS regulations and not 144 reporting to be submitted under this ordinance.
145 Guidance: This definition is only needed when the Jurisdiction is using the 146 Performance-Based Compliance Approach; delete this definition if using the 147 Standard Compliance Approach.
148 (m) “Designee” means an entity that a Jurisdiction contracts with or otherwise arranges 149 to carry out any of the Jurisdiction’s responsibilities of this ordinance as authorized 150 in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a 151 private entity, or a combination of those entities. 181
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152 (n) “Edible Food” means food intended for human consumption, or as otherwise 153 defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as 154 otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid 155 Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, 156 Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that 157 does not meet the food safety requirements of the California Retail Food Code. 158 (o) “Enforcement Action" means an action of the Jurisdiction to address non159 compliance with this ordinance including, but not limited to, issuing administrative 160 citations, fines, penalties, or using other remedies. 161 (p) “Excluded Waste” means hazardous substance, hazardous waste, infectious 162 waste, designated waste, volatile, corrosive, medical waste, infectious, regulated 163 radioactive waste, and toxic substances or material that facility operator(s), which 164 receive materials from the Jurisdiction and its generators, reasonably believe(s) 165 would, as a result of or upon acceptance, transfer, processing, or disposal, be a 166 violation of local, State, or Federal law, regulation, or ordinance, including: land 167 use restrictions or conditions, waste that cannot be disposed of in Class III landfills 168 or accepted at the facility by permit conditions, waste that in Jurisdictions, or its 169 Designee’s reasonable opinion would present a significant risk to human health or 170 the environment, cause a nuisance or otherwise create or expose Jurisdiction, or 171 its Designee, to potential liability; but not including de minimis volumes or 172 concentrations of waste of a type and amount normally found in Single-Family or 173 Multi-Family Solid Waste after implementation of programs for the safe collection, 174 processing, recycling, treatment, and disposal of batteries and paint in compliance 175 with Sections 41500 and 41802 of the California Public Resources Code. Excluded 176 Waste does not include used motor oil and filters, household batteries, universal 177 wastes, and/or latex paint when such materials are defined as allowable materials 178 for collection through the Jurisdiction’s collection programs and the generator or 179 customer has properly placed the materials for collection pursuant to instructions 180 provided by Jurisdiction or its Designee for collection services. 181 Guidance: Jurisdictions should modify the above Excluded Waste definition based 182 on the specific types of accepted or prohibited materials in their program. For 183 example, the final sentence of this definition is an example of a customization 184 option that a Jurisdiction might include if the Jurisdiction has a special collection or 185 recycling program for items like motor oil and filters, household batteries, or other 186 such items as applicable.
187 (q) “Food Distributor” means a company that distributes food to entities including, but 188 not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 189 CCR Section 18982(a)(22).
190 (r) “Food Facility” has the same meaning as in Section 113789 of the Health and 191 Safety Code.
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192 (s) “Food Recovery” means actions to collect and distribute food for human 193 consumption that otherwise would be disposed, or as otherwise defined in 14 CCR 194 Section 18982(a)(24).
195 (t) “Food Recovery Organization” means an entity that engages in the collection or 196 receipt of Edible Food from Commercial Edible Food Generators and distributes 197 that Edible Food to the public for Food Recovery either directly or through other 198 entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not 199 limited to:
200 (1) A food bank as defined in Section 113783 of the Health and Safety Code; 201 (2) A nonprofit charitable organization as defined in Section 113841 of the 202 Health and Safety code; and,
203 (3) A nonprofit charitable temporary food facility as defined in Section 113842 204 of the Health and Safety Code.
205 A Food Recovery Organization is not a Commercial Edible Food Generator for the 206 purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 207 pursuant to 14 CCR Section 18982(a)(7).
208 If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization 209 differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall 210 apply to this ordinance.
211 (u) “Food Recovery Service” means a person or entity that collects and transports 212 Edible Food from a Commercial Edible Food Generator to a Food Recovery 213 Organization or other entities for Food Recovery, or as otherwise defined in 14 214 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible 215 Food Generator for the purposes of this ordinance and implementation of 14 CCR, 216 Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). 217 (v) “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, 218 poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and 219 eggshells. Food Scraps excludes fats, oils, and grease when such materials are 220 Source Separated from other Food Scraps. Guidance: Jurisdictions should modify 221 the above definition of Food Scraps to be consistent with their specific list of 222 accepted Food Scraps. For example, Jurisdictions that accept fats, oils, and 223 grease in their collection program should modify the final sentence of this definition 224 accordingly.
225 (w) “Food Service Provider” means an entity primarily engaged in providing food 226 services to institutional, governmental, Commercial, or industrial locations of 227 others based on contractual arrangements with these types of organizations, or as 228 otherwise defined in 14 CCR Section 18982(a)(27).
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229 (x) “Food-Soiled Paper” is compostable paper material that has come in contact with 230 food or liquid, such as, but not limited to, compostable paper plates, paper coffee 231 cups, napkins, pizza boxes, and milk cartons.
232 (y) “Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics. 233 Guidance: Jurisdictions should modify the above definition of Food Waste 234 according to the materials accepted in their program. For example, some programs 235 do not accept Food-Soiled Paper in their collection programs based on the 236 processing technologies used. In that case, Jurisdictions should modify this 237 definition to remove or restrict Food-Soiled Paper if desired. It should be noted; 238 however, that Jurisdictions are still required to handle Food-Soiled Paper in a 239 manner that results in landfill disposal reduction pursuant to 14 CCR Section 240 18983.1. However, if the Food-Soiled Paper is not included in Food Waste or Food 241 Scraps collection, the Jurisdiction is still responsible for providing a method of 242 properly handling and processing all Organic Waste that are required by SB 1383 243 Regulations to be handled in a manner that results in landfill disposal reduction in 244 accordance with 14 CCR Section 18983.1.
245 Jurisdictions may choose to include Compostable Plastics in their definition of 246 Food Waste if such materials are accepted in their program. If the Jurisdiction does 247 not allow Compostable Plastics to be collected with Food Waste, delete 248 “Compostable Plastics” from the Food Waste definition. 249 (z) “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and 250 shall be used for the purpose of storage and collection of Gray Container Waste. 251 Guidance: For two- and one-container systems and three- and three-plus252 container systems that allow Organic Waste, such as Food Waste, for collection in 253 the Gray Container, replace “Gray Container Waste” with “Mixed Waste” in this 254 sentence.
255 (aa) “Gray Container Waste” means Solid Waste that is collected in a Gray Container 256 that is part of a three-container Organic Waste collection service that prohibits the 257 placement of Organic Waste in the Gray Container as specified in 14 CCR 258 Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 259 17402(a)(6.5). Guidance: This definition is only needed for Jurisdictions using 260 three- or three-plus-container systems that prohibit Organic Waste, such as Food 261 Waste, to be collected in the Gray Container. For Jurisdictions using a two- or one262 container system, or a three- or three-plus-container system that allows Organic 263 Waste, such as Food Waste, for collection in the Gray Container, delete this 264 definition and instead include only the definition of “Mixed Waste” below. 265 (bb) “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) 266 and shall be used for the purpose of storage and collection of Source Separated 267 Green Container Organic Waste. Guidance: For three-container, three-plus268 container, and two-container green/gray systems, include this “Green Container” 184
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269 definition. For two-container blue/gray systems and one-container systems, delete 270 this definition.
271 (cc) “Grocery Store” means a store primarily engaged in the retail sale of canned food; 272 dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area 273 that is not separately owned within the store where the food is prepared and 274 served, including a bakery, deli, and meat and seafood departments, or as 275 otherwise defined in 14 CCR Section 18982(a)(30).
276 (dd) “Hauler Route” means the designated itinerary or sequence of stops for each 277 segment of the Jurisdiction’s collection service area, or as otherwise defined in 14 278 CCR Section 18982(a)(31.5). Guidance: The SB 1383 Regulations do not specify 279 the time unit or frequency of a “Hauler Route.” Jurisdictions may wish to modify 280 this definition to specify whether a route is daily, weekly, etc., for the purposes of 281 the ordinance.
282 (ee) “High Diversion Organic Waste Processing Facility” means a facility that is in 283 compliance with the reporting requirements of 14 CCR Section 18815.5(d) and 284 meets or exceeds an annual average Mixed Waste organic content Recovery rate 285 of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent 286 after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for 287 Organic Waste received from the “Mixed waste organic collection stream” as 288 defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR 289 Section 18982(a)(33).
290 (ff) “Inspection” means a site visit where a Jurisdiction reviews records, containers, 291 and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste 292 or Edible Food handling to determine if the entity is complying with requirements 293 set forth in this ordinance, or as otherwise defined in 14 CCR Section 294 18982(a)(35).
295 (gg) “Jurisdiction” Guidance: No definition has been included for Jurisdiction. Users of 296 the Model Ordinance are instructed to replace Jurisdiction throughout the Model 297 with the term appropriate to their organization (e.g., City, County, Special District 298 that provides solid waste collection services, Agency, etc.). 299 (hh) “Jurisdiction Enforcement Official” means the city manager, county administrative 300 official, chief operating officer, executive director, or other executive in charge or 301 their authorized Designee(s) who is/are partially or whole responsible for enforcing 302 the ordinance. See also “Regional or County Agency Enforcement Official”. 303 Guidance: If the Jurisdiction chooses a different enforcement model, then it should 304 change or delete this definition. Other approaches may be enforcement by 305 committee, task force, or elected body, should such entities be designated by the 306 Jurisdiction with those responsibilities. Enforcement does not have to be limited 307 to one person; however, the Jurisdiction may not delete its authority to impose any 308 civil penalties that are required by the SB 1383 Regulations to a private entity 309 pursuant to 14 CCR Section 18981.2(d).
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310 (ii) “Large Event” means an event, including, but not limited to, a sporting event or a 311 flea market, that charges an admission price, or is operated by a local agency, and 312 serves an average of more than 2,000 individuals per day of operation of the event, 313 at a location that includes, but is not limited to, a public, nonprofit, or privately 314 owned park, parking lot, golf course, street system, or other open space when 315 being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs 316 from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to 317 this ordinance.
318 (jj) “Large Venue” means a permanent venue facility that annually seats or serves an 319 average of more than 2,000 individuals within the grounds of the facility per day of 320 operation of the venue facility. For purposes of this ordinance and implementation 321 of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a 322 public, nonprofit, or privately owned or operated stadium, amphitheater, arena, 323 hall, amusement park, conference or civic center, zoo, aquarium, airport, 324 racetrack, horse track, performing arts center, fairground, museum, theater, or 325 other public attraction facility. For purposes of this ordinance and implementation 326 of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that 327 includes more than one Large Venue that is contiguous with other Large Venues 328 in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) 329 differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall 330 apply to this ordinance.
331 (kk) “Local Education Agency” means a school district, charter school, or county office 332 of education that is not subject to the control of city or county regulations related 333 to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). 334 (ll) “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste 335 collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 336 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as 337 otherwise defined in 14 CCR Section 17402(a)(11.5). Guidance: This definition is 338 only to be used by Jurisdictions using two- or one-container systems or three- or 339 three-plus-container systems that allow Organic Waste, such as Food Waste, for 340 collection in the Gray Container. In these cases, materials in the Gray Containers 341 are to be processed at a High Diversion Organic Waste Processing Facility. Delete 342 if using a three- or three-plus container system that does not allow Organic Waste 343 to be collected in the Gray Containers.
344 (mm) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining 345 to residential premises with five (5) or more dwelling units. Multi-Family premises 346 do not include hotels, motels, or other transient occupancy facilities, which are 347 considered Commercial Businesses. Guidance: Under the SB 1383 Regulations 348 and in this Model Ordinance, Multi-Family Residential Dwellings with five (5) or 349 more units are included under the definition of a Commercial Business per 14 CCR 350 Section 18982(a)(6).
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351 (nn) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 352 CCR, Division 2, Chapter 2.7.
353 (oo) “Non-Compostable Paper” includes but is not limited to paper that is coated in a 354 plastic material that will not breakdown in the composting process, or as otherwise 355 defined in 14 CCR Section 18982(a)(41). Guidance: In the definition of Non356 Compostable Paper, Jurisdictions may wish to provide additional detail on the 357 materials and coatings that their processing facility is able to accept. However, the 358 Jurisdiction is still responsible for properly handling and processing all Organic 359 Waste required by the SB 1383 Regulations to be handled in a manner that results 360 in landfill disposal reduction in accordance with 14 CCR Section 18983.1. 361 (pp) “Non-Local Entity” means the following entities that are not subject to the 362 Jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 363 18982(a)(42):
364 Guidance: Jurisdiction should include one or more of the items below as 365 appropriate for Jurisdiction, and delete non-applicable items. 366 (1) Special district(s) located within the boundaries of the Jurisdiction, including 367 ________ (insert names of special districts).
368 (2) Federal facilities, including military installations, located within the 369 boundaries of the Jurisdiction, including ________ (insert names of federal 370 facilities).
371 (3) Prison(s) located within the boundaries of the Jurisdiction, including 372 ________ (insert names of prisons). Guidance: Private prisons are 373 considered Commercial Businesses and should not be listed here. 374 (4) Facilities operated by the State park system located within the boundaries 375 of the Jurisdiction, including ________ (insert names of State park 376 facilities).
377 (5) Public universities (including community colleges) located within the 378 boundaries of the Jurisdiction, including ________ (insert names of 379 universities).
380 (6) County fairgrounds located within the boundaries of the Jurisdiction, 381 including ________ (insert names of fairgrounds).
382 (7) State agencies located within the boundaries of the Jurisdiction, including 383 ________ (insert names of State agencies).
384 (qq) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable 385 wastes including but not limited to bottles, cans, metals, plastics and glass, or as 386 otherwise defined in 14 CCR Section 18982(a)(43). Guidance: Only Jurisdictions 187
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387 that have three-, three-plus-, or two-container collection service will include “Non388 Organic Recyclables” definition. Delete if using a one-container collection service. 389 (rr) “Notice of Violation (NOV)” means a notice that a violation has occurred that 390 includes a compliance date to avoid an action to seek penalties, or as otherwise 391 defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 392 18995.4.
393 (ss) “Organic Waste” means Solid Wastes containing material originated from living 394 organisms and their metabolic waste products, including but not limited to food, 395 green material, landscape and pruning waste, organic textiles and carpets, lumber, 396 wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, 397 and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids 398 and digestate are as defined by 14 CCR Section 18982(a). 399 (tt) “Organic Waste Generator” means a person or entity that is responsible for the 400 initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 401 18982(a)(48).
402 (uu) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, 403 wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and 404 toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). 405 (vv) “Printing and Writing Papers” include, but are not limited to, copy, xerographic, 406 watermark, cotton fiber, offset, forms, computer printout paper, white wove 407 envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, 408 and other uncoated writing papers, posters, index cards, calendars, brochures, 409 reports, magazines, and publications, or as otherwise defined in 14 CCR Section 410 18982(a)(54).
411 (ww) “Prohibited Container Contaminants”
412 Guidance: Jurisdictions shall include one or more of the definitions of Prohibited 413 Container Contaminants listed below, corresponding with the collection service(s) 414 it is using, and delete the others.
415 (1) Option 1, Three-container or three-plus-container collection service (Blue 416 Container, Green Container, and Gray Containers): “Prohibited Container 417 Contaminants” means the following: (i) discarded materials placed in the 418 Blue Container that are not identified as acceptable Source Separated 419 Recyclable Materials for the Jurisdiction’s Blue Container; (ii) discarded 420 materials placed in the Green Container that are not identified as acceptable 421 Source Separated Green Container Organic Waste for the Jurisdiction’s 422 Green Container; (iii) discarded materials placed in the Gray Container that 423 are acceptable Source Separated Recyclable Materials and/or Source 424 Separated Green Container Organic Wastes to be placed in Jurisdiction’s 188
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425 Green Container and/or Blue Container; and, (iv) Excluded Waste placed in 426 any container.
427 (2) Option 2a, Two-container (green/gray) collection service for Source 428 Separated Green Container Organic Waste and mixed materials):
429 “Prohibited Container Contaminants” means the following: (i) discarded 430 materials placed in a Green Container that are not identified as acceptable 431 Source Separated Green Container Organic Waste for the Jurisdiction’s 432 Green Container; (ii) discarded materials placed in the Gray Container that 433 are identified as acceptable Source Separated Green Container Organic 434 Waste, which are to be separately collected in Jurisdiction’s Green 435 Container; and, (iii) Excluded Waste placed in any container. 436 (3) Option 2b, Two-container (blue/gray) collection service for Source 437 Separated Recyclable Materials and mixed materials): “Prohibited 438 Container Contaminants” means the following: (i) discarded materials 439 placed in a Blue Container that are not identified as acceptable Source 440 Separated Recyclable Materials for Jurisdiction’s Blue Container; (ii) 441 discarded materials placed in the Gray Container that are identified as 442 acceptable Source Separated Recyclable Materials, which are to be 443 separately collected in Jurisdiction’s Blue Container; and, (iii) Excluded 444 Waste placed in any container.
445 (4) Option 3, One-container collection service: “Prohibited Container 446 Contaminants” means Excluded Waste placed in any container. Guidance:
447 The term “Prohibited Container Contaminants” under the SB 1383 448 Regulations does not apply to one-container systems; however, 449 Jurisdictions may wish to use this definition to explicitly state that Excluded 450 Waste is a contaminant in a one-container system.
451 (xx) “Recovered Organic Waste Products” means products made from California, 452 landfill-diverted recovered Organic Waste processed in a permitted or otherwise 453 authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). 454 (yy) “Recovery” means any activity or process described in 14 CCR Section 455 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). 456 (zz) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper 457 that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as 458 otherwise defined in 14 CCR Section 18982(a)(61).
459 (aaa) “Regional Agency” means regional agency as defined in Public Resources Code 460 Section 40181.
461 (bbb) “Regional or County Agency Enforcement Official” means a regional or county 462 agency enforcement official, designated by the Jurisdiction with responsibility for 463 enforcing the ordinance in conjunction or consultation with Jurisdiction 464 Enforcement Official. Guidance: Include Regional or County Agency Enforcement 189
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465 Official only if Jurisdiction plans to designate another public entity with enforcement 466 responsibilities. Jurisdiction should stay involved in Enforcement Actions as the 467 responsibility for enforcement remains with each Jurisdiction. 468 (ccc) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless 469 electronic devices to visualize the contents of Blue Containers, Green Containers, 470 and Gray Containers for purposes of identifying the quantity of materials in 471 containers (level of fill) and/or presence of Prohibited Container Contaminants. 472 (ddd) “Renewable Gas” means gas derived from Organic Waste that has been diverted 473 from a California landfill and processed at an in-vessel digestion facility that is 474 permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as 475 otherwise defined in 14 CCR Section 18982(a)(62).
476 (eee) “Restaurant” means an establishment primarily engaged in the retail sale of food 477 and drinks for on-premises or immediate consumption, or as otherwise defined in 478 14 CCR Section 18982(a)(64).
479 (fff) “Route Review” means a visual Inspection of containers along a Hauler Route for 480 the purpose of determining Container Contamination, and may include mechanical 481 Inspection methods such as the use of cameras, or as otherwise defined in 14 482 CCR Section 18982(a)(65).
483 (ggg) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on 484 September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 485 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing 486 with Section 42652) to Part 3 of Division 30 of the Public Resources Code, 487 establishing methane emissions reduction targets in a Statewide effort to reduce 488 emissions of short-lived climate pollutants as amended, supplemented, 489 superseded, and replaced from time to time.
490 (hhh) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the 491 purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste 492 Reduction regulations developed by CalRecycle and adopted in 2020 that created 493 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR 494 and 27 CCR. Guidance: Throughout the Model, Sections of the SB 1383 495 Regulations are referenced in the format “14 CCR Section XXXX,” or “27 CCR 496 Section XXXX” with the exception of certain cases where a more general reference 497 to “SB 1383 Regulations” was appropriate. “14 CCR” means Title 14 of the 498 California Code of Regulations, and “27 CCR” means Title 27 of the California 499 Code of Regulations.
500 (iii) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or 501 recyclable material he or she has generated to another person. Self-hauler also 502 includes a person who back-hauls waste, or as otherwise defined in 14 CCR 503 Section 18982(a)(66). Back-haul means generating and transporting Organic 504 Waste to a destination owned and operated by the generator using the generator’s 190
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505 own employees and equipment, or as otherwise defined in 14 CCR Section 506 18982(a)(66)(A).
507 (jjj) “Single-Family” means of, from, or pertaining to any residential premises with fewer 508 than five (5) units. Guidance: Jurisdiction may amend this definition to be 509 consistent with the current definition and the Jurisdiction’s current codes; however, 510 the threshold unit number of five (5) must remain consist with the SB 1383 511 Regulations (refer to Commercial Business definition in 14 CCR Section 512 18982(a)(6), which includes Multi-Family dwellings of five (5) or more units and 513 excludes Multi-Family Residential Dwellings with fewer than five (5) units). 514 (kkk) “Solid Waste” has the same meaning as defined in State Public Resources Code 515 Section 40191, which defines Solid Waste as all putrescible and nonputrescible 516 solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, 517 rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned 518 vehicles and parts thereof, discarded home and industrial appliances, dewatered, 519 treated, or chemically fixed sewage sludge which is not hazardous waste, manure, 520 vegetable or animal solid and semi-solid wastes, and other discarded solid and 521 semisolid wastes, with the exception that Solid Waste does not include any of the 522 following wastes:
523 (1) Hazardous waste, as defined in the State Public Resources Code Section 524 40141.
525 (2) Radioactive waste regulated pursuant to the State Radiation Control Law 526 (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of 527 the State Health and Safety Code).
528 (3) Medical waste regulated pursuant to the State Medical Waste Management 529 Act (Part 14 (commencing with Section 117600) of Division 104 of the State 530 Health and Safety Code). Untreated medical waste shall not be disposed of 531 in a Solid Waste landfill, as defined in State Public Resources Code Section 532 40195.1. Medical waste that has been treated and deemed to be Solid 533 Waste shall be regulated pursuant to Division 30 of the State Public 534 Resources Code.
535 (lll) “Source Separated” means materials, including commingled recyclable materials, 536 that have been separated or kept separate from the Solid Waste stream, at the 537 point of generation, for the purpose of additional sorting or processing those 538 materials for recycling or reuse in order to return them to the economic mainstream 539 in the form of raw material for new, reused, or reconstituted products, which meet 540 the quality standards necessary to be used in the marketplace, or as otherwise 541 defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, 542 Source Separated shall include separation of materials by the generator, property 543 owner, property owner’s employee, property manager, or property manager’s 544 employee into different containers for the purpose of collection such that Source 545 Separated materials are separated from Gray Container Waste/Mixed Waste or 191
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546 other Solid Waste for the purposes of collection and processing. Guidance: In the 547 preceding sentence, use “Gray Container Waste” for three- and three-plus 548 container systems that prohibit Organic Waste, such as Food Waste, in the Gray 549 Containers; use “Mixed Waste” for two- and one-container systems and three- or 550 three-plus-container systems that allow Organic Waste, such as Food Waste, to 551 be collected in the Gray Container.
552 (mmm) “Source Separated Blue Container Organic Waste” means Source 553 Separated Organic Wastes that can be placed in a Blue Container that is limited 554 to the collection of those Organic Wastes and Non-Organic Recyclables as defined 555 in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7). 556 Guidance: This definition is intended to reflect recyclable materials that are 557 considered Organic Waste such as Paper Products and Printing and Writing 558 Paper, and, if permitted by the Jurisdiction to be placed in the Blue Container, 559 wood, dry lumber, and textiles. This definition is only needed for Jurisdictions using 560 three-, three-plus-, or two-container (blue/gray) systems. 561 (nnn) “Source Separated Green Container Organic Waste” means Source Separated 562 Organic Waste that can be placed in a Green Container that is specifically intended 563 for the separate collection of Organic Waste by the generator, excluding Source 564 Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and 565 textiles. Guidance: This definition should only be included for Jurisdictions using a 566 three-, three-plus, or two-container (green/gray) system. This definition is not 567 included in the SB 1383 Regulations. It is provided as a term for materials collected 568 in a Green Container.
569 (ooo) “Source Separated Recyclable Materials” means Source Separated Non-Organic 570 Recyclables and Source Separated Blue Container Organic Waste. Guidance:
571 This definition is only needed for Jurisdictions using three-, three-plus, or two572 container (blue/gray) systems. This definition is not included in the SB 1383 573 Regulations. It is provided as a term for materials collected in a Blue Container. 574 (ppp) “State” means the State of California.
575 (qqq) “Supermarket” means a full-line, self-service retail store with gross annual sales of 576 two million dollars ($2,000,000), or more, and which sells a line of dry grocery, 577 canned goods, or nonfood items and some perishable items, or as otherwise 578 defined in 14 CCR Section 18982(a)(71).
579 (rrr) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food 580 Generator that is one of the following:
581 (1) Supermarket.
582 (2) Grocery Store with a total facility size equal to or greater than 10,000 square 583 feet.
584 (3) Food Service Provider.
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585 (4) Food Distributor.
586 (5) Wholesale Food Vendor.
587 If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible 588 Food Generator differs from this definition, the definition in 14 CCR Section 589 18982(a)(73) shall apply to this ordinance.
590 (sss) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food 591 Generator that is one of the following:
592 (1) Restaurant with 250 or more seats, or a total facility size equal to or greater 593 than 5,000 square feet.
594 (2) Hotel with an on-site Food Facility and 200 or more rooms. 595 (3) Health facility with an on-site Food Facility and 100 or more beds. 596 (4) Large Venue.
597 (5) Large Event.
598 (6) A State agency with a cafeteria with 250 or more seats or total cafeteria 599 facility size equal to or greater than 5,000 square feet. 600 (7) A Local Education Agency facility with an on-site Food Facility. 601 If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible 602 Food Generator differs from this definition, the definition in 14 CCR Section 603 18982(a)(74) shall apply to this ordinance.
604 (ttt) “Uncontainerized Green Waste and Yard Waste Collection Service” or 605 “Uncontainerized Service” means a collection service that collects green waste 606 and yard waste that is placed in a pile or bagged for collection on the street in front 607 of a generator’s house or place of business for collection and transport to a facility 608 that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR 609 Section 189852(a)(75).
610 (uuu) “Wholesale Food Vendor” means a business or establishment engaged in the 611 merchant wholesale distribution of food, where food (including fruits and 612 vegetables) is received, shipped, stored, prepared for distribution to a retailer, 613 warehouse, distributor, or other destination, or as otherwise defined in 14 CCR 614 Section 189852(a)(76).
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615 SECTION 4. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS 616 (STANDARD COMPLIANCE APPROACH)
617 Guidance: Pursuant to the SB 1383 Regulations (14 CCR Section 18984.12), 618 Jurisdictions that are eligible for, apply for, and receive low population, rural, and/or high 619 elevation waivers may exempt Single-Family Organic Waste Generators from some 620 generator requirements as specified in the waiver applied for and granted by CalRecycle. 621 The process for receiving such waivers is described in 14 CCR Section 18984.12. Those 622 Jurisdictions receiving such waivers shall modify the following requirements according to 623 the specifics of the waiver granted.
624 Single-Family Organic Waste Generators shall comply with the following requirements 625 except Single-Family generators that meet the Self-Hauler requirements in Section 12 of 626 this ordinance: Guidance: Include the text highlighted in blue in the preceding sentence if 627 the Jurisdiction allows Single-Family generators to self-haul materials they generate. By 628 virtue of adding this language and requirements on Self-Haulers in Section 12, 629 Jurisdiction is thereby allowing self-hauling, and creating the required enforceable 630 mechanism for self-hauling, as required in 14 CCR Section 18988.1(b). 631 (a) Shall subscribe to Jurisdiction’s Organic Waste collection services for all Organic 632 Waste generated as described below in Section 4(b). Jurisdiction shall have the 633 right to review the number and size of a generator’s containers to evaluate 634 adequacy of capacity provided for each type of collection service for proper 635 separation of materials and containment of materials; and, Single-Family 636 generators shall adjust its service level for its collection services as requested by 637 the Jurisdiction. Generators may additionally manage their Organic Waste by 638 preventing or reducing their Organic Waste, managing Organic Waste on site, 639 and/or using a Community Composting site pursuant to 14 CCR Section 640 18984.9(c).
641 (b) Shall participate in the Jurisdiction’s Organic Waste collection service(s) by placing 642 designated materials in designated containers as described below, and shall not 643 place Prohibited Container Contaminants in collection containers. 644 Guidance: The collection service options are provided below. Jurisdictions are to 645 choose the collection service(s) they are using and delete the options they are not 646 using. For Options 1 and 2 below, Jurisdiction may need to add other streams 647 collected in their program as appropriate (e.g., dual-stream recycling, 648 Uncontainerized Green Waste and Yard Waste Collection Service, and other 649 additional containers as allowed under the SB 1383 Regulations, such as a brown 650 container or brown section of a split container for separated Food Waste, etc.). 651 (1) Option 1: A three- and three-plus-container collection service (Blue 652 Container, Green Container, and Gray Container) (choose Option 1a or 1b) 653 (A) Option 1a: Generator shall place Source Separated Green Container 654 Organic Waste, including Food Waste, in the Green Container; 194
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655 Source Separated Recyclable Materials in the Blue Container; and 656 Gray Container Waste in the Gray Container. Generators shall not 657 place materials designated for the Gray Container into the Green 658 Container or Blue Container.
659 (B) Option 1b: Generator shall place Source Separated Green Container 660 Organic Waste, except Food Waste, in the Green Container; Source 661 Separated Recyclable Materials in the Blue Container; and Mixed 662 Waste, including Food Waste, in the Gray Container. Generator shall 663 not place materials designated for the Green Containers or Blue 664 Containers in the Gray Containers.
665 (2) Option 2: Two-container collection service (Green Container/Gray 666 Container system or Blue Container/Gray Container system) (choose 667 Option 2a or 2b)
668 (A) Option 2a, Green Container/Gray Container: Generator shall place 669 only Source Separated Green Container Organic Waste in a Green 670 Container. Generator shall place all other materials (Mixed Waste) in 671 a Gray Container.
672 (B) Option 2b, Blue Container/Gray Container: Generator shall place 673 only Source Separated Recyclable Materials in a Blue Container. 674 Generator shall place all other materials (Mixed Waste) in a Gray 675 Container.
676 (3) Option 3: An unsegregated single container (one-container) collection 677 service
678 (A) Generator shall place all materials (Mixed Waste) in a Gray 679 Container.
680 SECTION 5. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS 681 (PERFORMANCE-BASED COMPLIANCE APPROACH)
682 Guidance: Note that the regulations do not require Jurisdictions using a Performance683 Based Compliance Approach to include the following items in their ordinance: the 684 regulation of haulers and Self-Haulers; the generator waivers for physical space, di 685 minimis volumes, and collection frequency; and the enforcement provisions with the 686 exception of enforcement related to Edible Food generators and Food Recovery 687 Organizations and services. There are other regulatory requirements that the Jurisdiction 688 would also be exempt from related to CalRecycle requirements on the Jurisdiction itself 689 (e.g., certain recordkeeping, education, container labeling, outreach, and reporting 690 requirements) that are not intended to be addressed by this ordinance that can be found 691 in 14 CCR Section 18998.2.
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692 Pursuant to SB 1383 Regulations (14 CCR Section 18984.12), Jurisdictions that are 693 eligible for, apply for, and receive low population, rural, and/or high elevation waivers may 694 exempt Single-Family Organic Waste Generators from some generator requirements as 695 specified in the waiver applied for and granted by CalRecycle, provided that the 696 Jurisdiction meets the ninety (90%) participation requirements in the areas not subject to 697 the waiver(s). The process for receiving such waivers is described in 14 CCR Section 698 18984.12. Those Jurisdictions receiving such waivers shall modify the following 699 requirements, if needed, according to the specifics of the waiver granted. 700 Single-Family Organic Waste Generators except Single-Family generators that meet the 701 Self-Hauler requirements in Section 12 of this ordinance: Guidance: Include the text 702 highlighted in blue in the preceding sentence if the Jurisdiction allows Single-Family 703 generators to self-haul materials they generate. By virtue of adding this language and 704 requirements on Self-Haulers in Section 12, Jurisdiction is thereby allowing self-hauling, 705 and creating the required enforceable mechanism for self-hauling, as required in 14 CCR, 706 Section 18988.1(b).
707 (a) Shall be automatically enrolled in the Jurisdiction’s three-container Organic Waste 708 collection services with a minimum Source Separated Recyclable Materials 709 service level of _______ gallons per week (Jurisdiction to insert minimum required 710 service level), and with a minimum Source Separated Green Container Organic 711 Waste service level of _______ gallons per week (Jurisdiction to insert minimum 712 required service level), approved by the ___________ (Jurisdiction to insert solid 713 waste manager, public works director or other authorized entity). Jurisdiction shall 714 have the authority to change this minimum required levels of service over time. 715 Jurisdiction shall have the right to review the number, size, and location of a 716 generator’s containers to evaluate adequacy of capacity provided for each type of 717 collection service for proper separation of materials and containment of materials; 718 and, generator shall adjust its service level for its collection services as requested 719 by the Jurisdiction.
720 Guidance: In subsection (a) above, auto enrollment means that Single-Family 721 generators will be subscribed to Organic Waste collection service as determined 722 to be appropriate by the Jurisdiction. Such service provision will not be optional 723 and shall be provided to all generators. This will help the Jurisdiction meet the 724 Performance-Based Compliance Approach requirement that such service shall be 725 provided without requiring businesses or residents to request it prior to enrollment 726 pursuant to 14 CCR Section 18998.1(a)(4).
727 (b) Shall participate in the Jurisdiction’s three-container system for Source Separated 728 Recyclable Materials, Source Separated Green Container organic materials, and 729 Gray Container Waste collection services. Generator participation in the collection 730 programs requires that generators place Source Separated Green Container 731 Organic Waste, including Food Waste, in the Green Container; Source Separated 732 Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray 733 Container. Generators shall not place materials designated for the Gray Container 734 into the Green Container or Blue Container.
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735 (c) Nothing in this Section prohibits a generator from preventing or reducing waste 736 generation, managing Organic Waste on site, and/or using a Community 737 Composting site pursuant to 14 CCR Section 18984.9(c). 738 SECTION 6. REQUIREMENTS FOR COMMERCIAL BUSINESSES
739 (STANDARD-COMPLIANCE APPROACH)
740 Guidance: Jurisdictions using a Standard Compliance Approach and a three-, three-plus, 741 or two-container collection service shall include this Section. Note that Commercial 742 Businesses by the definition in the SB 1383 Regulations and the definition provided in 743 this Model Ordinance includes Multi-Family Residential Dwellings of five (5) and more 744 units.
745 Pursuant to SB 1383 Regulations (14 CCR Section 18984.12), Jurisdictions that are 746 eligible for, apply for, and receive low population, rural and/or high elevation waivers may 747 exempt Commercial Businesses and owners (including Multi-Family) from some 748 generator requirements as specified in the waiver applied for and granted by CalRecycle. 749 Those Jurisdictions receiving such waivers shall modify the following requirements 750 according to the specifics of the waiver granted.
751 While waivers for low-population areas and high-elevation areas waiver some SB 1383 752 regulatory requirements for generators and Jurisdictions, AB 341 and AB 1826 753 requirements apply for Commercial Businesses that are covered by AB 341 and AB 1826 754 and located in these areas. As a result, Jurisdictions with these waivers may need to this 755 Section to require Commercial Businesses that are covered by AB 341 and AB 1826 and 756 located in these areas to comply with AB 341 and AB 1826 requirements in alignment 757 with the Jurisdiction’s AB 341 Commercial recycling program and AB 1826 Organic Waste 758 recycling programs.
759 Generators that are Commercial Businesses, including Multi-Family Residential 760 Dwellings, shall:
761 (a) Subscribe to Jurisdiction’s three-, three-plus, two-, or one-container collection 762 services and comply with requirements of those services as described below in 763 Section 6(b), except Commercial Businesses that meet the Self-Hauler 764 requirements in Section 12 of this ordinance. Guidance: Refer to Section 4 for 765 guidance on inclusion of the preceding Self-Hauler option. Jurisdiction shall have 766 the right to review the number and size of a generator’s containers and frequency 767 of collection to evaluate adequacy of capacity provided for each type of collection 768 service for proper separation of materials and containment of materials; and, 769 Commercial Businesses shall adjust their service level for their collection services 770 as requested by the Jurisdiction.
771 (b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 772 12 of this ordinance, participate in the Jurisdiction’s Organic Waste collection 197
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773 service(s) by placing designated materials in designated containers as described 774 below.
775 Guidance: The collection service options are provided below. Jurisdictions are to 776 choose the collection service(s) they are using and delete the options they are not 777 using. For Options 1 and 2 below, Jurisdiction may need to add other streams 778 collected in their program as appropriate (e.g., dual-stream recycling, 779 Uncontainerized Green Waste and Yard Waste Collection Service, and other 780 additional containers as allowed under the SB 1383 Regulations, such as a brown 781 container or brown section of a split container for separated Food Waste, etc.). 782 (1) Option 1: A three- and three-plus-container collection service (Blue 783 Container, Green Container, and Gray Container) (choose Option 1a or 1b) 784 (A) Option 1a: Generator shall place Source Separated Green Container 785 Organic Waste, including Food Waste, in the Green Container; 786 Source Separated Recyclable Materials in the Blue Container; and 787 Gray Container Waste in the Gray Container. Generator shall not 788 place materials designated for the Gray Container into the Green 789 Container or Blue Container.
790 (B) Option 1b: Generator shall place Source Separated Green Container 791 Organic Waste, except Food Waste, in the Green Container; Source 792 Separated Recyclable Materials in the Blue Container; and Mixed 793 Waste, including Food Waste, in the Gray Container. Generator shall 794 not place materials designated for the Green Containers or Blue 795 Containers in the Gray Containers.
796 (2) Option 2: Two-container collection service (Green Container/Gray 797 Container system or Blue Container/Gray Container system) (choose 798 Option 2a or 2b)
799 (A) Option 2a, Green Container/Gray Containers: Generator shall place 800 only Source Separated Green Container Organic Waste in a Green 801 Container. Generator shall place all other materials (Mixed Waste) 802 in a Gray Container.
803 (B) Option 2b, Blue Container/Gray Containers: Generator shall place 804 only Source Separated Recyclable Materials in a Blue Container. 805 Generator shall place all other materials (Mixed Waste) in a Gray 806 Container.
807 (3) Option 3: An unsegregated single container (one-container) collection 808 service
809 (A) Generator shall place all materials (Mixed Waste) in a Gray 810 Container.
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811 (c) Supply and allow access to adequate number, size and location of collection 812 containers with sufficient labels or colors (conforming with Sections 6(d)(1) and 813 6(d)(2) below) for employees, contractors, tenants, and customers, consistent with 814 Jurisdiction’s Blue Container, Green Container, and Gray Container collection 815 service or, if self-hauling, per the Commercial Businesses’ instructions to support 816 its compliance with its self-haul program, in accordance with Section 12. Guidance:
817 For Jurisdictions using a two-container system, delete Blue Container or Green 818 Container as applicable from the first sentence. Jurisdictions using a one-container 819 system may delete this subsection.
820 (d) Excluding Multi-Family Residential Dwellings, provide containers for the collection 821 of Source Separated Green Container Organic Waste and Source Separated 822 Recyclable Materials in all indoor and outdoor areas where disposal containers are 823 provided for customers, for materials generated by that business. Guidance: For 824 Jurisdictions using a two-container system, delete “Source Separated Green 825 Container Organic Waste” or “Source Separated Recyclable Materials” as 826 applicable. Jurisdictions using a one-container system may delete this subsection. 827 Such containers do not need to be provided in restrooms. If a Commercial 828 Business does not generate any of the materials that would be collected in one 829 type of container, then the business does not have to provide that particular 830 container in all areas where disposal containers are provided for customers. 831 Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business 832 shall have either:
833 (1) A body or lid that conforms with the container colors provided through the 834 collection service provided by Jurisdiction, with either lids conforming to the 835 color requirements or bodies conforming to the color requirements or both 836 lids and bodies conforming to color requirements. A Commercial Business 837 is not required to replace functional containers, including containers 838 purchased prior to January 1, 2022, that do not comply with the 839 requirements of the subsection prior to the end of the useful life of those 840 containers, or prior to January 1, 2036, whichever comes first. 841 (2) Container labels that include language or graphic images, or both, indicating 842 the primary material accepted and the primary materials prohibited in that 843 container, or containers with imprinted text or graphic images that indicate 844 the primary materials accepted and primary materials prohibited in the 845 container. Pursuant 14 CCR Section 18984.8, the container labeling 846 requirements are required on new containers commencing January 1, 2022. 847 (e) Multi-Family Residential Dwellings are not required to comply with container 848 placement requirements or labeling requirement in Section 6(d) pursuant to 14 849 CCR Section 18984.9(b). Guidance: Jurisdictions using a one-container system 850 may delete this subsection
851 (f) To the extent practical through education, training, Inspection, and/or other 852 measures, excluding Multi-Family Residential Dwellings, prohibit employees from 199
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853 placing materials in a container not designated for those materials per the 854 Jurisdiction’s Blue Container, Green Container, and Gray Container collection 855 service or, if self-hauling, per the Commercial Businesses’ instructions to support 856 its compliance with its self-haul program, in accordance with Section 12. 857 Guidance: Jurisdictions using a one-container system may delete this subsection 858 (g) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, 859 Green Containers, and Gray Containers for contamination and inform employees 860 if containers are contaminated and of the requirements to keep contaminants out 861 of those containers pursuant to 14 CCR Section 18984.9(b)(3). Guidance: For 862 Jurisdictions using a two-container system, delete Blue Container or Green 863 Container, as applicable. Jurisdictions using a one-container system may delete 864 this subsection.
865 Guidance: In the above subsection (g), Jurisdictions may wish to specify a 866 frequency upon which business owners shall inspect containers for contamination 867 such as quarterly, twice annually, or annually instead of periodically, but this 868 specified frequency is not required by the SB 1383 Regulations. 869 (h) Annually provide information to employees, contractors, tenants, and customers 870 about Organic Waste Recovery requirements and about proper sorting of Source 871 Separated Green Container Organic Waste and Source Separated Recyclable 872 Materials. Guidance: For Jurisdictions using a two-container system, delete 873 Source Separated Green Container Organic Waste or Source Separated 874 Recyclable Materials, as applicable. Jurisdictions using a one-container system 875 may delete this subsection.
876 (i) Provide education information before or within fourteen (14) days of occupation of 877 the premises to new tenants that describes requirements to keep Source 878 Separated Green Container Organic Waste and Source Separated Recyclable 879 Materials separate from Gray Container Waste (when applicable) and the location 880 of containers and the rules governing their use at each property. Guidance: For 881 Jurisdictions using a two-container system, delete Source Separated Green 882 Container Organic Waste or Source Separated Recyclable Materials, as 883 applicable. For two-container system and three- and three-plus container systems 884 that allow for Organic Waste, such as Food Waste, to be collected it the Gray 885 Container, replace Gray Container Waste with Mixed Waste. Jurisdictions using a 886 one-container system may delete this subsection.
887 (j) Provide or arrange access for Jurisdiction or its agent to their properties during all 888 Inspections conducted in accordance with Section 16 of this ordinance to confirm 889 compliance with the requirements of this ordinance. 890 (k) Accommodate and cooperate with Jurisdiction’s Remote Monitoring program for 891 Inspection of the contents of containers for Prohibited Container Contaminants, 892 which may be implemented at a later date, to evaluate generator’s compliance with 893 Section 6(b). The Remote Monitoring program shall involve installation of Remote 200
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894 Monitoring equipment on or in the Blue Containers, Green Containers, and Gray 895 Containers. Guidance: This subsection is an optional provision. It is not required 896 by the SB 1383 Regulations. Jurisdictions may include this if they choose to use a 897 Remote Monitoring system to monitor for Prohibited Container Contaminants to 898 support their compliance with 14 CCR Section 18984.5, Container Contamination 899 minimization requirements. Jurisdictions granting collection frequency waivers 900 may choose to require Remote Monitoring for generators granting such waivers. 901 For Jurisdictions using a two- container system, delete Blue Container or Green 902 Container as applicable from the first sentence. For Jurisdictions using a one903 container system, delete this subsection. 904 (l) At Commercial Business’s option and subject to any approval required from the 905 Jurisdiction, implement a Remote Monitoring program for Inspection of the 906 contents of its Blue Containers, Green Containers, and Gray Containers for the 907 purpose of monitoring the contents of containers to determine appropriate levels 908 of service and to identify Prohibited Container Contaminants. Generators may 909 install Remote Monitoring devices on or in the Blue Containers, Green Containers, 910 and Gray Containers subject to written notification to or approval by the Jurisdiction 911 or its Designee. Guidance: This subsection is an optional provision. It is not 912 required by the SB 1383 Regulations. It is provided to address scenarios in which 913 Commercial Businesses want to implement their own Remote Monitoring systems, 914 which involves installation of equipment on containers owned by the Jurisdiction 915 or its hauler. Commercial Businesses may want to implement the Remote 916 Monitoring system to monitor their compliance with 14 CCR Section 18984.9. For 917 Jurisdictions using a two- container system, delete Blue Container or Green 918 Container as applicable from the first sentence.
919 (m) If a Commercial Business wants to self haul, meet the Self-Hauler requirements in 920 Section 12 of this ordinance.
921 (n) Nothing in this Section prohibits a generator from preventing or reducing waste 922 generation, managing Organic Waste on site, or using a Community Composting 923 site pursuant to 14 CCR Section 18984.9(c).
924 (o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food 925 Generators shall comply with Food Recovery requirements, pursuant to Section 9. 926 SECTION 7. REQUIREMENTS FOR COMMERCIAL BUSINESSES
927 (PERFORMANCE-BASED COMPLIANCE APPROACH)
928 Guidance: Jurisdictions using a Performance-Based Compliance Approach with a three929 container collection service shall include this Section. Note that Commercial Business by 930 the definition in the SB 1383 Regulations and the definition provided in this Model 931 Ordinance includes Multi-Family Residential Dwellings of five (5) and more units. Under 932 a Performance-Based Compliance Approach, businesses must be automatically enrolled 933 in the Jurisdiction’s three-container Organic Waste collection service, as opposed to 201
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934 requesting service. Auto enrollment means that Commercial generators will be 935 subscribed to Organic Waste collection service as determined to be appropriate by the 936 Jurisdiction. Such service provision will not be optional and shall be provided to all 937 generators. Pursuant to 14 CCR Section 18998.1(a)(1), at least ninety percent (90%) of 938 Commercial Businesses and ninety percent (90%) of the residential sector subject to a 939 Jurisdiction’s authority must be provided with three-container Organic Waste collection 940 service for a Jurisdiction to use the Performance-Based Compliance Approach. 941 Pursuant to SB 1383 Regulations (14 CCR Section 18984.12), Jurisdictions that are 942 eligible for, apply for, and receive low population, rural and/or high elevation waivers may 943 exempt Commercial Businesses and owners (including Multi-Family) from some 944 generator requirements as specified in the waiver applied for and granted by CalRecycle, 945 provided that the Jurisdiction meets the ninety percent (90%) participation requirements 946 in the areas not subject to the waiver(s). Those Jurisdictions receiving such waivers shall 947 modify the following requirements, if needed, according to the specifics of the waiver 948 granted.
949 While waivers for low-population areas and high-elevation areas waiver some SB 1383 950 regulatory requirements for generators and Jurisdictions, AB 341 and AB 1826 951 requirements apply for Commercial Businesses that are covered by AB 341 and AB 1826 952 and located in these areas. As a result, Jurisdictions with these waivers may need to this 953 Section to require Commercial Businesses that are covered by AB 341 and AB 1826 and 954 located in these areas to comply with AB 341 and AB 1826 requirements in alignment 955 with the Jurisdiction’s AB 341 Commercial recycling program and AB 1826 Organic Waste 956 recycling programs.
957 Commercial Businesses, which includes Multi-Family Residential Dwellings, shall:
958 (a) Except Commercial Businesses that meet the Self-Hauler requirements in Section 959 12 of this ordinance, be automatically enrolled in the Jurisdiction’s three-container 960 Organic Waste collection services with a Source Separated Recyclable Materials 961 service level of _______ (Jurisdiction to insert minimum required service level, 962 which could be a specified number of gallons or cubic yards of weekly service, a 963 level equal to the garbage service level, or other basis), and with a Source 964 Separated Green Container Organic Waste service level of ________ (Jurisdiction 965 to insert minimum required service level, which could be a specified number of 966 gallons or cubic yards of weekly service, a level equal to the garbage service level, 967 or other basis), approved by the ________ (Jurisdiction to insert solid waste 968 manager, public works director or other authorized entity). Jurisdiction shall have 969 the authority to change the minimum required service levels over time. The 970 Commercial Business’ Source Separated Recyclable Materials service level and 971 Source Separated Green Container Organic Waste service level must be sufficient 972 for the amount of Source Separated Recyclable Materials and Source Separated 973 Green Container Organic Waste generated by the Commercial Business. 974 Jurisdiction shall have the right to review the number, size, and location of a 975 generator’s containers and frequency of collection to evaluate adequacy of 976 capacity provided for each type of collection service for proper separation of 202
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977 materials and containment of materials; and, Commercial Business shall adjust its 978 service level for its collection services as requested by the Jurisdiction. 979 Guidance: In subsection (a) above, auto enrollment means that Multi-Family and 980 Commercial generators will be subscribed to Organic Waste collection service as 981 determined to be appropriate by the Jurisdiction. Such service provision will not 982 be optional and shall be provided to all generators. This will help the Jurisdiction 983 meet the Performance-Based Compliance Approach requirement that such 984 service shall be provided without requiring businesses or residents to request it 985 prior to enrollment pursuant to 14 CCR Section 18998.1(a)(4). 986 (b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 987 12 of this ordinance, participate in and comply with the Jurisdiction’s three988 container (Blue Container, Green Container, and Gray Container) collection 989 service by placing designated materials in designated containers as described 990 below. Generator shall place Source Separated Green Container Organic Waste, 991 including Food Waste, in the Green Container; Source Separated Recyclable 992 Materials in the Blue Container; and Gray Container Waste in the Gray Container. 993 Generators shall not place materials designated for the Gray Container into the 994 Green Container or Blue Container.
995 (c) Supply and allow access to adequate number, size, and location of collection 996 containers with sufficient labels or colors (conforming with Section 7(d)(1) and 997 7(d)(2) below), for employees, contractors, tenants and customers, consistent with 998 Jurisdiction’s Blue Container, Green Container, and Gray Container collection 999 service.
1000 (d) Excluding Multi-Family Residential Dwellings, provide containers for the collection 1001 of Source Separated Green Container Organic Waste, and Source Separated 1002 Recyclable Materials in all indoor and outdoor areas where disposal containers are 1003 provided for customers, for materials generated by that business. Such containers 1004 do not need to be provided in restrooms. If a Commercial Business does not 1005 generate any of the materials that would be collected in one type of container, then 1006 the business does not have to provide that particular container in all areas where 1007 disposal containers are provided for customers. Pursuant to 14 CCR Section 1008 18984.9(b), the containers provided by the business shall have either:
1009 (1) A body or lid that conforms with the container colors provided through the 1010 collection service provided by Jurisdiction, with either lids conforming to the 1011 color requirements or bodies conforming to the color requirements or both 1012 lids and bodies conforming to color requirements. A Commercial Business 1013 is not required to replace functional containers, including containers 1014 purchased prior to January 1, 2022, that do not comply with the 1015 requirements of the subsection prior to the end of the useful life of those 1016 containers, or prior to January 1, 2036, whichever comes first. 203
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1017 (2) Container labels that include language or graphic images or both indicating 1018 the primary material accepted and the primary materials prohibited in that 1019 container or containers with imprinted text or graphic images that indicate 1020 the primary materials accepted and primary materials prohibited in the 1021 container. Pursuant 14 CCR Section 18984.8, the container labels are 1022 required on new containers commencing January 1, 2022. 1023 (e) Excluding Multi-Family Residential Dwellings, prohibit employees from placing 1024 materials in a container not designated for those materials per the Jurisdiction’s 1025 Organic Waste, Non-Organic Recyclables, and non-Organic Waste collection 1026 service to the extent practical through education, training, Inspection, and/or other 1027 measures.
1028 (f) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Container, 1029 Green Container, and Gray Containers for contamination and inform employees if 1030 containers are contaminated and of the requirements to keep contaminants out of 1031 those containers pursuant to 14 CCR Section 18984.9(b)(3). 1032 Guidance: In subsection (g) above, Jurisdictions may wish to specify a frequency 1033 upon which business owners shall inspect containers for contamination such as 1034 quarterly, twice annually, or annually instead of periodically, but this specified 1035 frequency is not required by the SB 1383 Regulations. 1036 (g) Annually provide information to employees, contractors, tenants, and customers 1037 about Organic Waste Recovery requirements and about proper sorting of Source 1038 Separated Green Container Organic Waste and Source Separated Recyclable 1039 Materials.
1040 (h) Provide education information before or within fourteen (14) days of occupation of 1041 the premises to new tenants that describes requirements to keep Source 1042 Separated Green Container Organic Waste and Source Separated Recyclable 1043 Materials separate from Gray Container Waste (when applicable) and the location 1044 of containers and the rules governing their use at each property. 1045 (i) Provide or arrange access for Jurisdiction or its agent to their properties during all 1046 Inspections conducted in accordance with Section 16 of this ordinance to confirm 1047 compliance with the requirements of this Ordinance. 1048 (j) Accommodate and cooperate with Jurisdiction’s Remote Monitoring program for 1049 Inspection of the contents of containers for Prohibited Container Contaminants, 1050 which may be implemented at a later date, to evaluate generator’s compliance with 1051 Section 6(b). The Remote Monitoring program shall involve installation of Remote 1052 Monitoring equipment on or in the Blue Containers, Green Containers, and Gray 1053 Containers. Guidance: This subsection is an optional provision. It is not required 1054 by the SB 1383 Regulations. Jurisdictions may include this if they choose to use a 1055 Remote Monitoring system to monitor for Prohibited Container Contaminants to 1056 support their compliance with 14 CCR Section 18984.5, Container Contamination 204
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1057 minimization requirements. Jurisdictions granting collection frequency waivers 1058 may choose to require Remote Monitoring for generators granting such waivers. 1059 For Jurisdictions using a two- container system, delete Blue Container or Green 1060 Container as applicable from the first sentence. For Jurisdictions using a one1061 container system, delete this subsection. 1062 (k) At Commercial Business’ option and subject to any approval required from the 1063 Jurisdiction, implement a Remote Monitoring program for Inspection of the 1064 contents of its Blue Containers, Green Containers, and Gray Containers for the 1065 purpose of monitoring the contents of containers to determine appropriate levels 1066 of service and to identify Prohibited Container Contaminants. Generators may 1067 install Remote Monitoring devices on or in the Blue Containers, Green Containers, 1068 and Gray Containers subject to written notification to or approval by the Jurisdiction 1069 or its Designee. Guidance: This subsection is an optional provision. It is not 1070 required by the SB 1383 Regulations. It is provided to address scenarios in which 1071 Commercial Businesses want to implement their own Remote Monitoring systems, 1072 which involves installation of equipment on containers owned by the Jurisdiction 1073 or its hauler. Commercial Businesses may want to implement the Remote 1074 Monitoring system to monitor their compliance with 14 CCR Section 18984.9. For 1075 Jurisdictions using a two- container system, delete Blue Container or Green 1076 Container as applicable from the first sentence.
1077 (l) If a Commercial Business wants to self haul, meet the Self-Hauler requirements in 1078 Section 12 of this ordinance.
1079 (m) Nothing in this Section prohibits a generator from preventing or reducing waste 1080 generation, managing Organic Waste on site, or using a Community Composting 1081 site pursuant to 14 CCR Section 18984.9(c).
1082 (n) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food 1083 Generators shall comply with Food Recovery requirements, pursuant to Section 9. 1084 SECTION 8. WAIVERS FOR GENERATORS
1085 Guidance: Pursuant to 14 CCR Section 18984.11, the SB 1383 Regulations allow 1086 Jurisdictions, at their option, to grant waivers to generators for physical space limitations, 1087 de minimis volumes, and/or collection frequency waivers. These waivers are applicable 1088 only to three-, three-plus, and two-container systems and are optional for Jurisdictions 1089 using either the Standard Compliance Approach or the Performance-Based Compliance 1090 Approach. This Section 8 of the Model Ordinance focuses on the requirements that must 1091 be met by Organic Waste Generators or businesses applying to the Jurisdiction for 1092 physical space, de minimis, and collection frequency waivers. Other waivers covered in 1093 14 CCR Section 18984.12, including low population, rural, and high elevation can only be 1094 applied for by the Jurisdiction to CalRecycle and are not covered herein. 205
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1095 Jurisdictions using the Performance-Based Compliance Approach may issue waivers at 1096 their discretion provided that the minimum ninety percent (90%) Commercial and ninety 1097 percent (90%) residential collection program participation levels are met. Jurisdictions 1098 using the Performance-Based Compliance Approach are not subject to the recordkeeping 1099 requirements for documentation evidencing the need for such waivers to CalRecycle 1100 pursuant to 14 CCR Section 18998.2(a)(7), as provided in this Section or the reporting 1101 requirement on the number and type of waivers issued. 1102 Jurisdictions may choose to include one or more of the three options presented below (de 1103 minimis, physical space, and collection frequency waivers), or any combination thereof, 1104 if Jurisdiction chooses to allow such waivers. Jurisdictions that choose not to a specific 1105 type of waiver shall omit provisions below applicable to that waiver. 1106 For Jurisdictions with low-population area and/or high-elevation area waivers, it is 1107 important to recognize that the SB 1383 waivers are different than the waivers allowed 1108 under AB 341 and AB 1826. As a result, Jurisdictions with low-population area and/or 1109 high-elevation area waiver(s) that choose to offer waivers to Commercial Businesses that 1110 are covered by AB 341 and/or AB 1826 and located in these areas may need to include 1111 a separate section that describes the waivers for these generators. 1112 (a) De Minimis Waivers (Optional for Three-, Three-Plus, and Two-Container Systems 1113 per 14 CCR Section 18984.11). Guidance: Pursuant to 14 CCR Section 1114 18984.11(a)(1), the SB 1383 Regulations limit de minimis waivers to Commercial 1115 Businesses as reflected in this language. A Jurisdiction may waive a Commercial 1116 Business’ obligation (including Multi-Family Residential Dwellings) to comply with 1117 some or all of the Organic Waste requirements of this ordinance if the Commercial 1118 Business provides documentation that the business generates below a certain 1119 amount of Organic Waste material as described in Section 8(a)(2) below. 1120 Commercial Businesses requesting a de minimis waiver shall:
1121 (1) Submit an application specifying the services that they are requesting a 1122 waiver from and provide documentation as noted in Section 8(a)(2) below. 1123 (2) Provide documentation that either:
1124 (A) The Commercial Business’ total Solid Waste collection service is two 1125 cubic yards or more per week and Organic Waste subject to 1126 collection in a Blue Container or Green Container comprises less 1127 than 20 gallons per week per applicable container of the business’ 1128 total waste; or,
1129 (B) The Commercial Business’ total Solid Waste collection service is less 1130 than two cubic yards per week and Organic Waste subject to 1131 collection in a Blue Container or Green Container comprises less 1132 than 10 gallons per week per applicable container of the business’ 1133 total waste.
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1134 (3) Notify Jurisdiction if circumstances change such that Commercial 1135 Business’s Organic Waste exceeds threshold required for waiver, in which 1136 case waiver will be rescinded.
1137 (4) Provide written verification of eligibility for de minimis waiver every 5 years, 1138 if Jurisdiction has approved de minimis waiver.
1139 (b) Physical Space Waivers (Optional for Three-, Three-Plus, and Two-Container 1140 Systems) Guidance: Pursuant to 14 CCR Section 18984.11(a)(1), SB 1383 1141 Regulations limit de minimis waivers to Commercial Businesses as reflected in this 1142 language. Jurisdiction may waive a Commercial Business’ or property owner’s 1143 obligations (including Multi-Family Residential Dwellings) to comply with some or 1144 all of the recyclable materials and/or Organic Waste collection service 1145 requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed 1146 architect, or licensed engineer demonstrating that the premises lacks adequate 1147 space for the collection containers required for compliance with the Organic Waste 1148 collection requirements of Section 6 or 7.
1149 A Commercial Business or property owner may request a physical space waiver 1150 through the following process:
1151 (1) Submit an application form specifying the type(s) of collection services for 1152 which they are requesting a compliance waiver.
1153 (2) Provide documentation that the premises lacks adequate space for Blue 1154 Containers and/or Green Containers including documentation from its 1155 hauler, licensed architect, or licensed engineer. Guidance: For Jurisdictions 1156 using a two-container system, delete Blue Container or Green Container, 1157 as applicable.
1158 (3) Provide written verification to Jurisdiction that it is still eligible for physical 1159 space waiver every five years, if Jurisdiction has approved application for a 1160 physical space waiver.
1161 (c) Collection Frequency Waiver (Optional for Three-, Three-Plus, and Two-Container 1162 Systems) Guidance: Include Section 8(c) only if Jurisdiction offers waivers for less1163 than-weekly Gray Container and/or Blue Container collection service (meeting the 1164 requirements in 14 CCR Section 18984.11 3(A)1) to Single-Family or Commercial 1165 Business owners or tenants subscribing to a two-, three-, or three-plus container 1166 collection service. Jurisdiction to indicate below whether their collection service is 1167 a two-, three-, or three-plus-container system, and specify whether these waivers 1168 are available for the Blue Container, Gray Container, or both, as appropriate for 1169 the collection system.. Jurisdiction, at its discretion and in accordance with 14 CCR 1170 Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, 1171 business establishment or industry that subscribes to the Jurisdiction’s three-, 1172 three-plus, or two-container Organic Waste collection service to arrange for the 207
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1173 collection of their Blue Container, Gray Container, or both once every fourteen 1174 days, rather than once per week.
1175 (d) Review and Approval of Waivers by Jurisdiction (Optional) 1176 Guidance: At its option, Jurisdictions may wish to include a provision that identifies 1177 which staff person or department will be responsible for review and approval of 1178 waivers. Note that Jurisdictions’ authority to issue a waiver cannot be delegated to 1179 a private entity pursuant to the SB 1383 Regulations (14 CCR Section 1180 18984.11(c)).
1181 SECTION 9. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD 1182 GENERATORS
1183 (a) Tier One Commercial Edible Food Generators must comply with the requirements 1184 of this Section 9 commencing January 1, 2022, and Tier Two Commercial Edible 1185 Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR 1186 Section 18991.3.
1187 (b) Large Venue or Large Event operators not providing food services, but allowing 1188 for food to be provided by others, shall require Food Facilities operating at the 1189 Large Venue or Large Event to comply with the requirements of this Section, 1190 commencing January 1, 2024.
1191 (c) Commercial Edible Food Generators shall comply with the following requirements:
1192 (1) Arrange to recover the maximum amount of Edible Food that would 1193 otherwise be disposed.
1194 (2) Contract with, or enter into a written agreement with Food Recovery 1195 Organizations or Food Recovery Services for: (i) the collection of Edible 1196 Food for Food Recovery; or, (ii) acceptance of the Edible Food that the 1197 Commercial Edible Food Generator self-hauls to the Food Recovery 1198 Organization for Food Recovery.
1199 (3) Shall not intentionally spoil Edible Food that is capable of being recovered 1200 by a Food Recovery Organization or a Food Recovery Service. 1201 (4) Allow Jurisdiction’s designated enforcement entity or designated third party 1202 enforcement entity to access the premises and review records pursuant to 1203 14 CCR Section 18991.4.
1204 (5) Keep records that include the following information, or as otherwise 1205 specified in 14 CCR Section 18991.4:
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1206 (A) A list of each Food Recovery Service or organization that collects or 1207 receives its Edible Food pursuant to a contract or written agreement 1208 established under 14 CCR Section 18991.3(b).
1209 (B) A copy of all contracts or written agreements established under 14 1210 CCR Section 18991.3(b).
1211 (C) A record of the following information for each of those Food Recovery 1212 Services or Food Recovery Organizations:
1213 (i) The name, address and contact information of the Food 1214 Recovery Service or Food Recovery Organization.
1215 (ii) The types of food that will be collected by or self-hauled to the 1216 Food Recovery Service or Food Recovery Organization. 1217 (iii) The established frequency that food will be collected or self1218 hauled. 1219 (iv) The quantity of food, measured in pounds recovered per 1220 month, collected or self-hauled to a Food Recovery Service or 1221 Food Recovery Organization for Food Recovery.
1222 (6) (Optional) No later than ________ of each year (Jurisdiction to insert date) 1223 commencing no later than ________ for Tier One Commercial Edible Food 1224 Generators and ________ for Tier Two Commercial Edible Food 1225 Generators (Jurisdiction to insert dates), provide an annual Food Recovery 1226 report to the Jurisdiction that includes the following information: ________. 1227 Guidance: While the SB 1383 Regulations do not require reporting by 1228 Commercial Edible Food Generators, Jurisdictions may want to consider 1229 adding this optional requirement that generators submit records of their 1230 contracts or written agreements and Food Recovery activities annually to 1231 monitor Commercial Edible Food Generator compliance and gather 1232 information for capacity planning purposes. While it is also not required, 1233 Jurisdictions may want to require reporting on the amount and type of Edible 1234 Food that was not accepted by Food Recovery Organizations or services 1235 for donation.
1236 (d) Nothing in this ordinance shall be construed to limit or conflict with the protections 1237 provided by the California Good Samaritan Food Donation Act of 2017, the Federal 1238 Good Samaritan Act, or share table and school food donation guidance pursuant 1239 to Senate Bill 557 of 2017 (approved by the Governor of the State of California on 1240 September 25, 2017, which added Article 13 [commencing with Section 49580] to 1241 Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend 1242 Section 114079 of the Health and Safety Code, relating to food safety, as 1243 amended, supplemented, superseded and replaced from time to time). 209
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1244 SECTION 10. REQUIREMENTS FOR FOOD RECOVERY
1245 ORGANIZATIONS AND SERVICES, JURISDICTIONS, AND REGIONAL 1246 AGENCIES
1247 Guidance: The inclusion of “Jurisdictions and Regional Agencies” in the title of this 1248 Section 10 is specific to County ordinances in reference to the Food Recovery capacity 1249 planning requirements specified in subsection 10(e) below. Remove this part of the title if 1250 Jurisdiction is not drafting a County ordinance, or modify the title to remove “Regional 1251 Agencies” if no such agencies operate within the County. 1252 (a) Food Recovery Services collecting or receiving Edible Food directly from 1253 Commercial Edible Food Generators, via a contract or written agreement 1254 established under 14 CCR Section 18991.3(b), shall maintain the following 1255 records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1256 (1) The name, address, and contact information for each Commercial Edible 1257 Food Generator from which the service collects Edible Food. 1258 (2) The quantity in pounds of Edible Food collected from each Commercial 1259 Edible Food Generator per month.
1260 (3) The quantity in pounds of Edible Food transported to each Food Recovery 1261 Organization per month.
1262 (4) The name, address, and contact information for each Food Recovery 1263 Organization that the Food Recovery Service transports Edible Food to for 1264 Food Recovery.
1265 (b) Food Recovery Organizations collecting or receiving Edible Food directly from 1266 Commercial Edible Food Generators, via a contract or written agreement 1267 established under 14 CCR Section 18991.3(b), shall maintain the following 1268 records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1269 (1) The name, address, and contact information for each Commercial Edible 1270 Food Generator from which the organization receives Edible Food. 1271 (2) The quantity in pounds of Edible Food received from each Commercial 1272 Edible Food Generator per month.
1273 (3) The name, address, and contact information for each Food Recovery 1274 Service that the organization receives Edible Food from for Food Recovery. 1275 (c) (Optional provision) Food Recovery Organizations and Food Recovery Services 1276 shall inform generators about California and Federal Good Samaritan Food 1277 Donation Act protection in written communications, such as in their contract or 1278 agreement established under 14 CCR Section 18991.3(b). Guidance: This Section 1279 10(c) provides information about Good Samaritan protections. This is not required 210
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1280 by SB 1383 Regulations, but the California Good Samaritan Food Act requires 1281 Environmental Health Department inspectors to promote Food Recovery and 1282 educate local businesses and organizations about liability protections for 1283 businesses donating food. Inclusion of this language will expand education 1284 requirements for Food Recovery beyond that required by SB 1383 Regulations. 1285 (d) Food Recovery Organizations and Food Recovery Services that have their primary 1286 address physically located in the Jurisdiction and contract with or have written 1287 agreements with one or more Commercial Edible Food Generators pursuant to 14 1288 CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total 1289 pounds of Edible Food recovered in the previous calendar year from the Tier One 1290 and Tier Two Commercial Edible Food Generators they have established a 1291 contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later 1292 than _______ (Jurisdiction to insert date). Guidance: This Section 10(d) is included 1293 to capture the reporting requirements specified in 14 CCR Section 1294 18994.2(h)(2)(A), which only requires reporting by Food Recovery Organizations 1295 and Food Recovery Services on the total pounds of Edible Food recovered from 1296 Commercial Edible Food Generators annually. Jurisdictions may choose to 1297 expand these reporting requirements to capture additional information to support 1298 their capacity planning efforts and for other purposes. For example, while SB 1383 1299 Regulations do not require reporting on amount and type of Edible Food not 1300 accepted by Food Recovery Organizations and Food Recovery Services, 1301 Jurisdictions may want to consider adding such a requirement. 1302 (e) Food Recovery Capacity Planning
1303 (1) Food Recovery Services and Food Recovery Organizations. In order to 1304 support Edible Food Recovery capacity planning assessments or other 1305 studies conducted by the County, City, special district that provides solid 1306 waste collection services, or its designated entity, Food Recovery Services 1307 and Food Recovery Organizations operating in the Jurisdiction shall provide 1308 information and consultation to the Jurisdiction, upon request, regarding 1309 existing, or proposed new or expanded, Food Recovery capacity that could 1310 be accessed by the Jurisdiction and its Commercial Edible Food 1311 Generators. A Food Recovery Service or Food Recovery Organization 1312 contacted by the Jurisdiction shall respond to such request for information 1313 within 60 days, unless a shorter timeframe is otherwise specified by the 1314 Jurisdiction. Guidance: SB 1383 Regulations (14 CCR Section 18992.2) 1315 require that counties conduct Edible Food Recovery capacity planning, in 1316 coordination with Jursidictions and Regional Agencies, and consult with 1317 Food Recovery Organizations and services regarding existing, or proposed 1318 new and expanded, capacity that could be accessed by the Jurisdiction and 1319 its Commercial Edible Food Generators. Entities contacted by a Jurisdiction 1320 shall respond within 60 days regarding available and potential new or 1321 expanded capacity, pursuant to 14 CCR Section 18992.2(b), or another 1322 timeframe could be inserted within the ordinance that is less than 60 days, 1323 but this is not required.
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1324 (2) Jurisdictions and Regional Agencies. (Provision for County ordinances) 1325 Guidance: SB 1383 Regulations require that counties conduct Food 1326 Recovery capacity planning in coordination with cities, special districts that 1327 provide solid waste collection services, and Regional Agencies within the 1328 county. Jurisdictions that are not counties may remove this subsection (e), 1329 as their ordinances would not regulate other Jurisdictions or regional 1330 agencies; however, cities and special districts that provide solid waste 1331 collection services, and regional agencies should be aware of their 1332 requirement to conduct capacity planning in coordination with the County. 1333 Cities, special districts that provide solid waste collection services, and 1334 regional agencies located within the county shall conduct Edible Food 1335 Recovery capacity planning, in coordination with the county. 1336 (A) If the county identifies that new or expanded capacity to recover 1337 Edible Food is needed, then each Jurisdiction within the county that 1338 lacks capacity shall:
1339 (i) Submit an implementation schedule to CalRecycle and the 1340 county that demonstrates how it will ensure there is enough 1341 new or expanded capacity to recover the Edible Food 1342 currently disposed by Commercial Edible Food Generators 1343 within its Jurisdiction by the end of the reporting period set 1344 forth in 14 CCR Section 18992.3. The implementation 1345 schedule shall include the information specified in 14 CCR 1346 Section 18992.2(c)(1)(A).
1347 (ii) Consult with Food Recovery Organizations and Food 1348 Recovery Services regarding existing, or proposed new and 1349 expanded capacity that could be accessed by the Jurisdiction 1350 and its Commercial Edible Food Generators.
1351 (B) If the county finds that new or expanded capacity is needed, the 1352 county shall notify the Jurisdiction(s) that lack sufficient capacity. 1353 (C) A City, Special District that provides solid waste collection services, 1354 or Regional Agency contacted by the county pursuant to this Section 1355 shall respond to the county’s request for information within 120 days 1356 of receiving the request from the county, unless a shorter timeframe 1357 is otherwise specified by the county.
1358 Guidance: If a City, Special District that provides solid waste 1359 collection services, or Regional Agency fails to provide the 1360 necessary information within 120 days, the county is not required to 1361 include estimates for that Jurisdiction in its capacity plan in the report 1362 it submits pursuant to 14 CCR Section 18992.3.
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1363 SECTION 11. REQUIREMENTS FOR HAULERS AND FACILITY
1364 OPERATORS
1365 (a) Requirements for Haulers (Standard Compliance Approach; Optional for 1366 Performance-Based Compliance Approach)
1367 Guidance: Jurisdictions using the Standard Compliance Approach are required to 1368 adopt an ordinance or other enforceable mechanism for hauler regulation 1369 requirements specified in 14 CCR, Division 7, Chapter 12, Article 7. This Section 1370 11(a) of the Model Ordinance provides language to document the hauler 1371 regulations. Jurisdictions that are exempt from the Organic Waste collection 1372 requirements pursuant to rural, low-population, or high-elevation waivers granted 1373 by CalRecycle pursuant to 14 CCR Section 18984.12, and haulers and Self1374 Haulers operating or located within exempt areas of those Jurisdictions, are not 1375 required to comply with the SB 1383 Regulations for the duration of an exemption 1376 issued pursuant to 14 CCR Section 18984.12. As a result, these Jurisdictions may 1377 omit this Section 11(a).
1378 Jurisdictions adopting the Performance-Based Compliance Approach are not 1379 required to impose these requirements on haulers, and do not need to include 1380 Section 11(a). However, pursuant to SB 1383 Regulations (14 CCR Section 1381 18998.1(d)(2)) these Jurisdictions must require haulers to keep a record of the 1382 documentation of its approval as a hauler by the Jurisdiction. These Jurisdictions 1383 may, however, choose to adopt some of these other requirements as well to 1384 support their compliance with the requirements of the Performance-Based 1385 Compliance Approach collection service requirements. 1386 This Section and this Model address specific regulatory requirements that 1387 Jurisdictions must enforce on haulers and other entities as specified in 14 CCR, 1388 Division 7, Chapter 12, Article 7. There are other requirements in the SB 1383 1389 Regulations on the Jurisdiction that the Jurisdiction may delegate to a hauler to 1390 comply with on their behalf such as Container Contamination requirements, 1391 outreach and education requirements, container color requirements, and container 1392 labeling requirements. Some of these requirements are more appropriately 1393 addressed in franchise agreements, hauler permits, or licensing systems. 1394 Jurisdiction shall place requirements on one or more of the following types of 1395 haulers depending upon which type(s) of hauler regulation system(s) are allowed 1396 in the Jurisdiction:
1397 Option 1: Exclusive franchised hauler
1398 Option 2: Non-exclusive franchised haulers
1399 Option 3: Permitted haulers
1400 Option 4: Licensed haulers
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1401 Option 5: Include a combination of Options 1 through 4 as appropriate 1402 (1) ________________(Jurisdiction to insert type(s) of hauler(s) from list 1403 above) providing residential, Commercial, or industrial Organic Waste 1404 collection services to generators within the Jurisdiction’s boundaries shall 1405 meet the following requirements and standards as a condition of approval 1406 of a contract, agreement, or other authorization with the Jurisdiction to 1407 collect Organic Waste:
1408 (A) Through written notice to the Jurisdiction annually on or before _____ 1409 (Jurisdiction to insert date), identify the facilities to which they will 1410 transport Organic Waste including facilities for Source Separated 1411 Recyclable Materials, Source Separated Green Container Organic 1412 Waste, and Mixed Waste. Guidance: For Jurisdictions with three1413 and three-plus container systems that do not allow Organic Waste, 1414 such as Food Waste to be collected in the Gray Container, delete 1415 Mixed Waste. For Jurisdictions with two-container systems, delete 1416 Source Separated Recyclable Materials or Source Separated Green 1417 Container Organic Waste as applicable.
1418 (B) Transport Source Separated Recyclable Materials, Source 1419 Separated Green Container Organic Waste, and Mixed Waste to a 1420 facility, operation, activity, or property that recovers Organic Waste 1421 as defined in 14 CCR, Division 7, Chapter 12, Article 2. Guidance:
1422 For Jurisdictions with three- and three-plus container systems that 1423 prohibit Organic Waste, such as Food Waste to be collected in the 1424 Gray Container, delete Mixed Waste. For Jurisdictions with two1425 container systems, delete Source Separated Recyclable Materials or 1426 Source Separated Green Container Organic Waste as applicable. 1427 (C) Obtain approval from the Jurisdiction to haul Organic Waste, unless 1428 it is transporting Source Separated Organic Waste to a Community 1429 Composting site or lawfully transporting C&D in a manner that 1430 complies with 14 CCR Section 18989.1, Section 13 of this ordinance, 1431 and Jurisdiction’s C&D ordinance.
1432 (2) ________________(Jurisdiction to insert type(s) of hauler(s) from list 1433 above) authorization to collect Organic Waste shall comply with education, 1434 equipment, signage, container labeling, container color, contamination 1435 monitoring, reporting, and other requirements contained within its franchise 1436 agreement, permit, license, or other agreement entered into with 1437 Jurisdiction. Guidance: This Section 11(a)(2) is not a requirement of SB 1438 1383 Regulations, but Jurisdictions may want to include it as a cross1439 reference to other documents that contain hauler requirements. 1440 (b) Requirements for Facility Operators and Community Composting Operations 214
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1441 (1) Owners of facilities, operations, and activities that recover Organic Waste, 1442 including, but not limited to, Compost facilities, in-vessel digestion facilities, 1443 and publicly-owned treatment works shall, upon Jurisdiction request, 1444 provide information regarding available and potential new or expanded 1445 capacity at their facilities, operations, and activities, including information 1446 about throughput and permitted capacity necessary for planning purposes. 1447 Entities contacted by the Jurisdiction shall respond within 60 days. 1448 Guidance: The SB 1383 Regulations include specific requirements for 1449 processing and facility standards. CalRecycle’s Model Franchise 1450 Agreement Tool includes more specific detail on those operative 1451 requirements for facilities. In addition to the capacity planning requirements, 1452 Jurisdictions may consider including a reference here to a franchise 1453 agreement, facility agreement, different section of the Jurisdiction’s 1454 municipal/county code, or other relevant document(s) where facility 1455 standards are specified.
1456 (2) Community Composting operators, upon Jurisdiction request, shall provide 1457 information to the Jurisdiction to support Organic Waste capacity planning, 1458 including, but not limited to, an estimate of the amount of Organic Waste 1459 anticipated to be handled at the Community Composting operation. Entities 1460 contacted by the Jurisdiction shall respond within 60 days. 1461 SECTION 12. SELF-HAULER REQUIREMENTS
1462 Guidance: The SB 1383 Regulations (14 CCR Division 7, Chapter 12, Article 7) specify 1463 requirements for Self-Haulers (which includes back-haulers per the Self-Hauler definition 1464 of the SB 1383 Regulations). Jurisdictions that allow for self-hauling and are using either 1465 the Standard Compliance Approach or Performance-Based Compliance Approach are 1466 required to adopt an ordinance or other enforceable mechanism for Self-Hauler regulation 1467 requirements. This Section 12 of the Model Ordinance provides language to document 1468 the Self-Hauler regulations. If Jurisdictions do not allow self-hauling, this Section 12 may 1469 be deleted.
1470 Jurisdictions that are exempt from the Organic Waste collection requirements pursuant 1471 to rural, low-population, or high-elevation waivers granted by CalRecycle pursuant to SB 1472 1383 Regulations (14 CCR Section 18984.12), and haulers and Self-Haulers operating 1473 or located within exempt areas of those Jurisdictions, are not required to comply with the 1474 SB 1383 Regulations for the duration of an exemption issued pursuant to 14 CCR Section 1475 18984.12. As a result, these Jurisdictions may omit this Section 12. 1476 (a) Self-Haulers shall source separate all recyclable materials and Organic Waste 1477 (materials that Jurisdiction otherwise requires generators to separate for collection 1478 in the Jurisdiction’s organics and recycling collection program) generated on-site 1479 from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 1480 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste 1481 Processing Facility as specified in 14 CCR Section 18984.3. 215
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1482 (b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility 1483 that recovers those materials; and haul their Source Separated Green Container 1484 Organic Waste to a Solid Waste facility, operation, activity, or property that 1485 processes or recovers Source Separated Organic Waste. Alternatively, Self1486 Haulers may haul Organic Waste to a High Diversion Organic Waste Processing 1487 Facility.
1488 (c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential 1489 Dwellings) shall keep a record of the amount of Organic Waste delivered to each 1490 Solid Waste facility, operation, activity, or property that processes or recovers 1491 Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The 1492 records shall include the following information:
1493 (1) Delivery receipts and weight tickets from the entity accepting the waste. 1494 (2) The amount of material in cubic yards or tons transported by the generator 1495 to each entity.
1496 (3) If the material is transported to an entity that does not have scales on-site, 1497 or employs scales incapable of weighing the Self-Hauler’s vehicle in a 1498 manner that allows it to determine the weight of materials received, the Self1499 Hauler is not required to record the weight of material but shall keep a record 1500 of the entities that received the Organic Waste.
1501 (d) (Optional) Self-Haulers that are Commercial Businesses (including Multi-Family 1502 Self-Haulers) shall provide information collected in Section 12(c) to Jurisdiction if 1503 requested. Guidance: Self-Hauler reporting is not required by the SB 1383 1504 Regulations. If a Jurisdiction includes this subsection, Jurisdiction may want to 1505 identify who the information should be provided to and on what dates, either in this 1506 subsection or in other online or other communications to Self-Haulers. Jurisdiction 1507 may also want to include a provision specifying that Self-Haulers need to register 1508 with the Jurisdiction, if such a system is available or desired, in order to more 1509 consistently track this information.
1510 (e) A residential Organic Waste Generator that self hauls Organic Waste is not 1511 required to record or report information in Section 12(c) and (d). 1512 SECTION 13. COMPLIANCE WITH CALGREEN RECYCLING
1513 REQUIREMENTS
1514 Guidance: SB 1383 Regulations (14 CCR Section 18989.1) require that a Jurisdiction, 1515 which is a city, county, or a city and county, adopt an ordinance or other enforceable 1516 requirement that requires compliance with C&D recycling requirements for Organic Waste 1517 commingled with C&D and for provision of adequate space for recycling for Multi-Family 1518 and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of 1519 the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 216
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1520 and effective January 1, 2020 (“CALGreen SB 1383 Baseline Requirements”). This 1521 Section 13 provides example language that is structured to fulfill this requirement related 1522 narrowly on the CALGreen SB 1383 Baseline Requirements. Pursuant to SB 1383 1523 Regulations (14 CCR Section 18989.1(b)), a Jurisdiction that is not a city, county, or city 1524 and county, is not required to include these CALGreen requirements and may delete this 1525 Section 13.
1526 SB 1383 Regulations (14 CCR Section 18989.1) cite specific date of effectiveness for 1527 CALGreen of January 1, 2020. Jurisdictions’ ordinances need to meet or exceed these 1528 CALGreen SB 1383 Baseline Requirements. If Jurisdictions have the ability to adopt an 1529 ordinance that allows for an “auto” update of the Jurisdiction’s ordinance as the 1530 CALGreen requirements change, that approach is allowable. If the “auto” update results 1531 in changes in CALGreen with standards that are less than those in the CALGreen SB 1532 1383 Baseline Requirements, then the Jurisdiction will need to maintain the standards in 1533 the CALGreen SB 1383 Baseline Requirements.
1534 Jurisdictions with an ordinance or similarly enforceable mechanism requiring compliance 1535 with CALGreen can omit this Section. Jurisdictions should note that while these 1536 CALGreen provisions are included in this Model Ordinance, a Jurisdiction may determine 1537 it is more appropriate to include these CALGreen requirements in a separate ordinance 1538 or in a different, more relevant municipal code section (e.g., building or planning code). 1539 Also note that Jurisdictions are not required to address the CALGreen requirements 1540 through an ordinance if they prefer to use another type of enforceable mechanism. In 1541 such case, Jurisdictions should delete this Section. 1542 If Jurisdictions do not have a separate C&D ordinance or municipal code that address 1543 other C&D related policies, Jurisdictions may want to expand this Section to address 1544 collection, recycling, diversion, tracking, and/or reporting of C&D. 1545 (a) Persons applying for a permit from the Jurisdiction for new construction and 1546 building additions and alternations shall comply with the requirements of this 1547 Section and all required components of the California Green Building Standards 1548 Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered 1549 by the scope of CALGreen or more stringent requirements of the Jurisdiction. If the 1550 requirements of CALGreen are more stringent then the requirements of this 1551 Section, the CALGreen requirements shall apply.
1552 Project applicants shall refer to Jurisdiction’s building and/or planning code for 1553 complete CALGreen requirements.
1554 (b) For projects covered by CALGreen or more stringent requirements of the 1555 Jurisdiction, the applicants must, as a condition of the Jurisdiction’s permit 1556 approval, comply with the following:
1557 (1) Where five (5) or more Multi-Family dwelling units are constructed on a 1558 building site, provide readily accessible areas that serve occupants of all 1559 buildings on the site and are identified for the storage and collection of Blue 217
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1560 Container and Green Container materials, consistent with the three-, three1561 plus, or two-container collection program offered by the Jurisdiction, or 1562 comply with provision of adequate space for recycling for Multi-Family and 1563 Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 1564 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 1565 as amended provided amended requirements are more stringent than the 1566 CALGreen requirements for adequate recycling space effective January 1, 1567 2020. Guidance: Include only for three- and two-container systems. For a 1568 two-container system, delete reference to Blue Container or Green 1569 Container as appropriate. Note that the last portion of the requirement 1570 beginning with “…or comply with provisions of adequate space…” is 1571 intended to create an “auto-update” of the ordinance when CALGreen 1572 changes over time. Jurisdictions may choose to eliminate this provision at 1573 their option, if they prefer to update their ordinance each time CALGreen 1574 changes.
1575 (2) New Commercial construction or additions resulting in more than 30% of 1576 the floor area shall provide readily accessible areas identified for the storage 1577 and collection of Blue Container and Green Container materials, consistent 1578 with the three-, three-plus, or two-container collection program offered by 1579 the Jurisdiction, or shall comply with provision of adequate space for 1580 recycling for Multi-Family and Commercial premises pursuant to Sections 1581 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building 1582 Standards Code, 24 CCR, Part 11 as amended provided amended 1583 requirements are more stringent than the CALGreen requirements for 1584 adequate recycling space effective January 1, 2020. Guidance: Include only 1585 for three-, three-plus, and two-container systems. For a two-container 1586 system, delete reference to Blue Container or Green Container as 1587 appropriate. Note that the last portion of the requirement beginning with 1588 “…or comply with provisions of adequate space…” is intended to create an 1589 “auto-update” of the ordinance when CALGreen changes over time. 1590 Jurisdictions may choose to eliminate this provision at their option, if they 1591 prefer to update their ordinance each time CALGreen changes. 1592 (3) Comply with CALGreen requirements and applicable law related to 1593 management of C&D, including diversion of Organic Waste in C&D from 1594 disposal. Comply with Jurisdiction’s C&D ordinance, Section ___ of 1595 Jurisdiction’s municipal code, and all written and published Jurisdiction 1596 policies and/or administrative guidelines regarding the collection, recycling, 1597 diversion, tracking, and/or reporting of C&D. Guidance: Jurisdictions with a 1598 C&D ordinance may choose to add a link to their ordinance in this 1599 subsection.*
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1600 SECTION 14. MODEL WATER EFFICIENT LANDSCAPING
1601 ORDINANCE REQUIREMENTS
1602 Guidance: SB 1383 Regulations (14 CCR Section 18989.2) require that a Jurisdiction, 1603 which is a city, county, or a City and county, adopt an ordinance or other enforceable 1604 requirement that requires compliance with Sections 492.6(a)(3)(B) (C), (D), and (G) of the 1605 MWWELO as amended September 15, 2015 (“MWELO SB 1383 Baseline 1606 Requirements”). This Section 14 provides example language that is structured to fulfill 1607 this requirement related narrowly on the MWELO SB 1383 Baseline Requirements. As a 1608 result, the Model does not broadly address all requirements of MWELO. Pursuant to SB 1609 1383 Regulations (14 CCR Section 18989.2(b)), a Jurisdiction that is not a city, county, 1610 or city and county, is not required to include these MWELO requirements and may delete 1611 this Section 14.
1612 SB 1383 Regulations (14 CCR Section 18989.2) cite a specific date of effectiveness for 1613 MWELO of September 15, 2015. Jurisdictions’ ordinances need to meet or exceed these 1614 MWELO SB 1393 Baseline Requirements. If a Jurisdiction has the ability to adopt an 1615 ordinance that allows for an “auto” update of the Jurisdiction’s ordinance as the MWELO 1616 requirements change, that approach is allowable. If the “auto” update results in changes 1617 in MWELO with standards that are less than those in the MWELO SB 1383 Baseline 1618 Requirements, then the Jurisdiction will need to maintain the standards in the MWELO 1619 SB 1383 Baseline Requirements.
1620 Jurisdictions that have an existing MWELO ordinance or other enforceable mechanism 1621 that covers the MWELO SB 1383 Baseline Requirements may omit this provision. 1622 Jurisdictions should note that while these MWELO provisions are included in this Model 1623 Ordinance, a Jurisdiction may determine it is more appropriate to include these MWELO 1624 requirements in a separate ordinance or in a different, more relevant municipal code 1625 section (e.g., building or planning code). Also note that Jurisdictions are not required to 1626 address the MWELO requirements through an ordinance if they prefer to use another 1627 type of enforceable mechanism. In such case, Jurisdictions should delete this Section. 1628 (a) Property owners or their building or landscape designers, including anyone 1629 requiring a building or planning permit, plan check, or landscape design review 1630 from the Jurisdiction, who are constructing a new (Single-Family, Multi-Family, 1631 public, institutional, or Commercial) project with a landscape area greater than 500 1632 square feet, or rehabilitating an existing landscape with a total landscape area 1633 greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), 1634 and (G) of the MWELO, including sections related to use of Compost and mulch 1635 as delineated in this Section 14.
1636 (b) The following Compost and mulch use requirements that are part of the MWELO 1637 are now also included as requirements of this ordinance. Other requirements of 1638 the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. 1639 Guidance: In the preceding sentence, Jurisdictions can insert link to its own WELO 1640 if the provisions are equal to or greater in stringency than Sections 492.6(a)(3)(B) 219
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1641 (C), (D), and (G) of the September 15, 2015 MWELO, but proof of these 1642 requirements will need to be submitted to CalRecycle. 1643 (c) Property owners or their building or landscape designers that meet the threshold 1644 for MWELO compliance outlined in Section 14(a) above shall:
1645 (1) Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which 1646 requires the submittal of a landscape design plan with a soil preparation, 1647 mulch, and amendments section to include the following:
1648 (A) For landscape installations, Compost at a rate of a minimum of four 1649 cubic yards per 1,000 square feet of permeable area shall be 1650 incorporated to a depth of six (6) inches into the soil. Soils with 1651 greater than six percent (6%) organic matter in the top six (6) inches 1652 of soil are exempt from adding Compost and tilling. 1653 (B) For landscape installations, a minimum three- (3-) inch layer of mulch 1654 shall be applied on all exposed soil surfaces of planting areas except 1655 in turf areas, creeping or rooting groundcovers, or direct seeding 1656 applications where mulch is contraindicated. To provide habitat for 1657 beneficial insects and other wildlife up to five percent (5%) of the 1658 landscape area may be left without mulch. Designated insect habitat 1659 must be included in the landscape design plan as such. 1660 (C) Organic mulch materials made from recycled or post-consumer 1661 materials shall take precedence over inorganic materials or virgin 1662 forest products unless the recycled post-consumer organic products 1663 are not locally available. Organic mulches are not required where 1664 prohibited by local fuel modification plan guidelines or other 1665 applicable local ordinances.
1666 (2) The MWELO compliance items listed in this Section are not an inclusive list 1667 of MWELO requirements; therefore, property owners or their building or 1668 landscape designers that meet the threshold for MWELO compliance 1669 outlined in Section 14(a) shall consult the full MWELO for all requirements. 1670 (d) If, after the adoption of this ordinance, the California Department of Water 1671 Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, 1672 Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 1673 requirements in a manner that requires Jurisdictions to incorporate the 1674 requirements of an updated MWELO in a local ordinance, and the amended 1675 requirements include provisions more stringent than those required in this Section, 1676 the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced. 220
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1677 SECTION 15. PROCUREMENT REQUIREMENTS FOR JURISDICTION 1678 DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND VENDORS 1679 Guidance: This Section 15 of the Model Ordinance includes example procurement 1680 requirements to address the Recovered Organic Waste Product and Recycled-Content 1681 Paper procurement requirements pursuant to SB 1383 Regulations (14 CCR, Division 7, 1682 Chapter 12, Article 12). The first Section 15(a) provides a simple statement of 1683 requirements for Jurisdiction’s departments to comply with the Jurisdiction’s purchasing 1684 policy, which is anticipated to be adopted or amended to address the procurement 1685 requirements in SB 1383 Regulations. The second Section 15(b) specifies Recycled1686 Content Paper requirements for vendors. Jurisdictions should note that while these 1687 provisions are included in this Model Ordinance, a Jurisdiction may determine it is more 1688 appropriate to include these procurement requirements in a separate ordinance or in a 1689 different, more relevant municipal code section. Jurisdictions may also choose not to 1690 include the requirements in an ordinance, and instead use another type of enforceable 1691 mechanism to document the requirements.
1692 This Model anticipates that Recovered Organic Waste Product and Recycled-Content 1693 Paper procurement requirements of the SB 1383 Regulations (14 CCR, Division 7, 1694 Chapter 12, Article 12) will be described fully in a separate procurement policy(ies) 1695 developed by Jurisdictions. The separate procurement policy(ies) is(are) anticipated to 1696 contain additional requirements that the Jurisdiction will place on its departments, 1697 purchasers, and others for procuring Compost, mulch, Renewable Gas, electricity from 1698 biomass, and Recycled-Content Paper products and Printing and Writing Paper and 1699 Recovered Organic Waste Products. Jurisdiction shall adopt a separate procurement 1700 policy(ies) by an action of its governing body. Requiring compliance with that policy(ies) 1701 through an ordinance is one way to ensure the provisions are enforceable, which is 1702 required for certain procurement provisions. For example, in order for mulch to qualify as 1703 a Recovered Organic Waste Product that the Jurisdiction may procure to comply with SB 1704 1383 Regulations (14 CCR Division 7, Chapter 12, Article 12), the Jurisdiction must have 1705 an enforceable ordinance, or similarly enforceable mechanism, that requires the mulch to 1706 meet certain standards, pursuant to 14 CCR Section 18993.1(f)(4). Note that CalRecycle 1707 developed a separate Model Procurement Policy as a tool for Jurisdictions. Refer to the 1708 Additional CalRecycle Resources section in the Guidance section of this Model for a link 1709 to the Model Procurement Policy.
1710 (a) Jurisdiction departments, and direct service providers to the Jurisdiction, as 1711 applicable, must comply with the Jurisdiction’s Recovered Organic Waste Product 1712 procurement policy adopted on __________ and Recycled-Content Paper 1713 procurement policy adopted on ________ (Jurisdiction to amend the title(s) of the 1714 “procurement policy(ies)” to reflect their title and insert date in the blank). 1715 Guidance: In this Model Ordinance, it is anticipated that Jurisdictions will adopt a 1716 Recovered Organic Waste Product procurement policy and Recycled-Content 1717 Paper procurement policy (or amend existing one(s)) to incorporate procurement 1718 requirements required by SB 1383 Regulations (14 CCR, Division 7, Chapter 12, 1719 Article 12). The purpose of this statement is to identify the requirement for all 221
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1720 Jurisdiction’s departments and direct service providers, if applicable, to comply 1721 with the policy(ies) and ensure the policy(ies) is(are) enforceable. 1722 (b) All vendors providing Paper Products and Printing and Writing Paper shall:
1723 Guidance: This Section 15(b) presents Recycled-Content Paper requirements for 1724 Jurisdiction’s vendors to support Jurisdiction’s compliance with SB 1383 1725 Regulations (14 CCR Section 18993.3). Jurisdiction may choose to use less 1726 specific language here and instead require vendors supplying Paper Products and 1727 Printing and Writing Paper to comply with the Jurisdiction’s procurement policy, if 1728 such policy is adopted prior to or at the same time as this ordinance. If Jurisdiction 1729 already has a procurement policy, it may need to be updated to address the 1730 Recycled-Content Paper procurement requirements and to address Recovered 1731 Organic Waste Product procurement.
1732 Section 22150 of the Public Contracts Code requires local governments to 1733 purchase recycled products instead of non-recycled products whenever recycled 1734 products are available at the same or a lesser total cost than non-recycled items, 1735 if fitness and quality are equal. Under SB 1383 Regulations (14 CCR Section 1736 18993.3), Jurisdictions are not prohibited from either using a price preference 1737 (usually 5 to 10 percent) for Recycled-Content Paper or requiring Recycled1738 Content Paper regardless of price. The options are presented below for 1739 consideration.
1740 (1) If fitness and quality are equal, provide Recycled-Content Paper Products 1741 and Recycled-Content Printing and Writing Paper that consists of at least 1742 30 percent, by fiber weight, postconsumer fiber instead of non-recycled 1743 products whenever recycled Paper Products and Printing and Writing Paper 1744 are available at the same or lesser total cost than non-recycled items or at 1745 a total cost of no more than ___% of the total cost for non-recycled items. 1746 Guidance: The procurement requirements specified here are consistent 1747 with the Public Resources Code Section 22150 with the exception of the 1748 blue highlighted text. Jurisdiction that do not want to include any pricing 1749 preference for Recycled-Content Paper should delete the blue highlighted 1750 text. Jurisdictions that want to establish a pricing preference for purchase 1751 of Recycled-Content Paper shall retain the blue highlighted text and insert 1752 a percentage amount.
1753 (2) Provide Paper Products and Printing and Writing Paper that meet Federal 1754 Trade Commission recyclability standard as defined in 16 Code of Federal 1755 Regulations (CFR) Section 260.12.
1756 (3) Certify in writing, under penalty of perjury, the minimum percentage of 1757 postconsumer material in the Paper Products and Printing and Writing 1758 Paper offered or sold to the Jurisdiction. This certification requirement may 1759 be waived if the percentage of postconsumer material in the Paper 222
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1760 Products, Printing and Writing Paper, or both can be verified by a product 1761 label, catalog, invoice, or a manufacturer or vendor internet website. 1762 (4) Certify in writing, on invoices or receipts provided, that the Paper Products 1763 and Printing and Writing Paper offered or sold to the Jurisdiction is eligible 1764 to be labeled with an unqualified recyclable label as defined in 16 Code of 1765 Federal Regulations (CFR) Section 260.12 (2013).
1766 (5) Provide records to the Jurisdiction’s Recovered Organic Waste Product 1767 procurement recordkeeping Designee, in accordance with the Jurisdiction’s 1768 Recycled-Content Paper procurement policy(ies) of all Paper Products and 1769 Printing and Writing Paper purchases within thirty (30) days of the purchase 1770 (both recycled-content and non-recycled content, if any is purchased) made 1771 by any division or department or employee of the Jurisdiction. Records shall 1772 include a copy (electronic or paper) of the invoice or other documentation 1773 of purchase, written certifications as required in Sections 15(b)(3) and 1774 15(b)(4) of this ordinance for recycled-content purchases, purchaser name, 1775 quantity purchased, date purchased, and recycled content (including 1776 products that contain none), and if non-recycled content Paper Products or 1777 Printing and Writing Papers are provided, include a description of why 1778 Recycled-Content Paper Products or Printing and Writing Papers were not 1779 provided.
1780 SECTION 16. INSPECTIONS AND INVESTIGATIONS BY JURISDICTION 1781 Guidance: SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Article 14) require 1782 Jurisdictions to inspect regulated entities for compliance and to take Enforcement Action 1783 against non-compliant entities including generators, Tier One and Tier Two Commercial 1784 Edible Food Generators, Food Recovery Organizations, Food Recovery Services, 1785 haulers, and Self-Haulers. This Section 16 provides example ordinance language to 1786 provide the Jurisdiction the right to conduct Inspections and investigations. Section 17 1787 addresses enforcement. This Model language presents a simple approach to establishing 1788 the right to inspect or investigate. Some Jurisdictions may want to expand on this to 1789 include more specificity, including more specific identification of who has the authority to 1790 inspect, what entities may be inspected or investigated, and the protocols for such 1791 Inspections and investigations. Note that for Jurisdictions using the Performance-Based 1792 Compliance Approach, their Inspection and enforcement obligations under SB 1383 1793 Regulations are limited to Tier One and Tier Two Commercial Edible Food Generators, 1794 Food Recovery Organizations, Food Recovery Services, as specified in 14 CCR Sections 1795 18998.2(a)(8) through 18998.2(a)(11).
1796 (a) Jurisdiction representatives and/or its designated entity, including Designees are 1797 authorized to conduct Inspections and investigations, at random or otherwise, of 1798 any collection container, collection vehicle loads, or transfer, processing, or 1799 disposal facility for materials collected from generators, or Source Separated 1800 materials to confirm compliance with this ordinance by Organic Waste Generators, 223
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1801 Commercial Businesses (including Multi-Family Residential Dwellings), property 1802 owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food 1803 Recovery Services, and Food Recovery Organizations, subject to applicable laws. 1804 This Section does not allow Jurisdiction to enter the interior of a private residential 1805 property for Inspection. For the purposes of inspecting Commercial Business 1806 containers for compliance with Section 6(b) or 7(b) of this ordinance, Jurisdiction 1807 may conduct container Inspections for Prohibited Container Contaminants using 1808 Remote Monitoring, and Commercial Businesses shall accommodate and 1809 cooperate with the Remote Monitoring pursuant to Section 6(k) or 7(k) of this 1810 ordinance. (Optional) Guidance: The Remote Monitoring addressed in the 1811 preceding sentence is not required by the SB 1383 Regulations. Jurisdictions may 1812 include this if they choose to use a Remote Monitoring system to monitor for 1813 Prohibited Container Contaminants to support their compliance with 14 CCR 1814 Section 18984.5, Container Contamination minimization requirements. 1815 (b) Regulated entity shall provide or arrange for access during all Inspections (with the 1816 exception of residential property interiors) and shall cooperate with the 1817 Jurisdiction’s employee or its designated entity/Designee during such Inspections 1818 and investigations. Such Inspections and investigations may include confirmation 1819 of proper placement of materials in containers, Edible Food Recovery activities, 1820 records, or any other requirement of this ordinance described herein. Failure to 1821 provide or arrange for: (i) access to an entity’s premises; (ii) installation and 1822 operation of Remote Monitoring equipment (optional); or (ii) access to records for 1823 any Inspection or investigation is a violation of this ordinance and may result in 1824 penalties described.
1825 (c) Any records obtained by a Jurisdiction during its Inspections, Remote Monitoring, 1826 and other reviews shall be subject to the requirements and applicable disclosure 1827 exemptions of the Public Records Act as set forth in Government Code Section 1828 6250 et seq.
1829 (d) Jurisdiction representatives, its designated entity, and/or Designee are authorized 1830 to conduct any Inspections, Remote Monitoring, or other investigations as 1831 reasonably necessary to further the goals of this ordinance, subject to applicable 1832 laws.
1833 (e) Jurisdiction shall receive written complaints from persons regarding an entity that 1834 may be potentially non-compliant with SB 1383 Regulations, including receipt of 1835 anonymous complaints. Guidance: Jurisdiction shall develop a method to accept 1836 anonymous complaints and require that all complaints be made in writing with 1837 specified information. See SB 1383 Regulations (14 CCR Section 18995.3) for 1838 more guidance.
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1839 SECTION 17. ENFORCEMENT
1840 Guidance: SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Articles 14 and 16) 1841 specify Jurisdiction’s requirements for enforcement and assessment of administrative civil 1842 penalties, respectively. Section 17 provides example language to support the 1843 enforcement process and assessment of penalties. Jurisdictions will need to make sure 1844 that the enforcement language in their ordinance conforms with their own enforcement 1845 procedures. Jurisdictions will need to modify the enforcement language to match their 1846 current and desired enforcement procedures. In addition, Jurisdictions may want to 1847 provide enforcement procedures and requirements stricter than those specified in the SB 1848 1383 Regulations at its option.
1849 (a) Violation of any provision of this ordinance shall constitute grounds for issuance of 1850 a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement 1851 Official or representative. Enforcement Actions under this ordinance are issuance 1852 of an administrative citation and assessment of a fine. The Jurisdiction’s 1853 procedures on imposition of administrative fines are hereby incorporated in their 1854 entirety, as modified from time to time, and shall govern the imposition, 1855 enforcement, collection, and review of administrative citations issued to enforce 1856 this ordinance and any rule or regulation adopted pursuant to this ordinance, 1857 except as otherwise indicated in this ordinance.
1858 (b) Other remedies allowed by law may be used, including civil action or prosecution 1859 as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California 1860 courts to seek recovery of unpaid administrative citations. Jurisdiction may choose 1861 to delay court action until such time as a sufficiently large number of violations, or 1862 cumulative size of violations exist such that court action is a reasonable use of 1863 Jurisdiction staff and resources.
1864 (c) Responsible Entity for Enforcement
1865 (1) Enforcement pursuant to this ordinance may be undertaken by the 1866 Jurisdiction Enforcement Official, which may be the city manager or their 1867 designated entity, legal counsel, or combination thereof. 1868 (2) Enforcement may also be undertaken by a Regional or County Agency 1869 Enforcement Official, designated by the Jurisdiction, in consultation with 1870 Jurisdiction Enforcement Official.
1871 (A) Jurisdiction Enforcement Official(s) (and Regional or County Agency 1872 Enforcement Official, if using) will interpret ordinance; determine the 1873 applicability of waivers, if violation(s) have occurred; implement 1874 Enforcement Actions; and, determine if compliance standards are 1875 met.
1876 (B) Jurisdiction Enforcement Official(s) (and Regional or County Agency 1877 Enforcement Official, if using) may issue Notices of Violation(s). 225
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1878 Guidance: Include Section 17(c)(2) above if Jurisdiction intends to delegate 1879 enforcement responsibilities to a Regional Agency, County, or joint powers 1880 authority. Regional or County Agency Enforcement Officials may include 1881 environmental health director or Designee; executive director of Regional 1882 Agency or joint powers authority or Designee; or county administrator or 1883 Designee.
1884 (d) Process for Enforcement
1885 (1) Jurisdiction Enforcement Officials or Regional or County Enforcement 1886 Officials and/or their Designee will monitor compliance with the ordinance 1887 randomly and through Compliance Reviews, Route Reviews, investigation 1888 of complaints, and an Inspection program (that may include Remote 1889 Monitoring). Section 16 establishes Jurisdiction’s right to conduct 1890 Inspections and investigations.
1891 (2) Jurisdiction may issue an official notification to notify regulated entities of its 1892 obligations under the ordinance.
1893 (3) For Jurisdictions assessing contamination processing fees/penalties. For 1894 incidences of Prohibited Container Contaminants found in containers, 1895 Jurisdiction will issue a Notice of Violation to any generator found to have 1896 Prohibited Container Contaminants in a container. Such notice will be 1897 provided via a cart tag or other communication immediately upon 1898 identification of the Prohibited Container Contaminants or within ___ days 1899 after determining that a violation has occurred. If the Jurisdiction observes 1900 Prohibited Container Contaminants in a generator’s containers on more 1901 than ___ (_) consecutive occasion(s), the Jurisdiction may assess 1902 contamination processing fees or contamination penalties on the generator. 1903 Guidance: Jurisdiction to include this provision if it chooses to assess 1904 contamination penalties or contamination processing fees for additional 1905 costs of processing Contaminated Containers; otherwise Jurisdictions 1906 should delete provision. Notwithstanding the Jurisdiction enforcement 1907 requirements in SB 1383 Regulations (14 CCR Section 18995.1), do not 1908 require Jurisdictions to impose administrative civil penalties on generators 1909 for violation of Prohibited Container Contaminants requirements. If 1910 choosing to include these optional fees, Jurisdictions should modify this 1911 Section to specify the conditions and procedure for issuance of the fees. 1912 For example, a fee could be assessed per instance of contamination or 1913 could be assessed after certain number of consecutive instances. For 1914 Jurisdictions choosing not to assess contamination processing fees or 1915 contamination penalties, delete Section 17(d)(3).
1916 (4) With the exception of violations of generator contamination of container 1917 contents addressed under Section 17(d)(3), Jurisdiction shall issue a Notice 1918 of Violation requiring compliance within 60 days of issuance of the notice. 226
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1919 (5) Absent compliance by the respondent within the deadline set forth in the 1920 Notice of Violation, Jurisdiction shall commence an action to impose 1921 penalties, via an administrative citation and fine, pursuant to the 1922 Jurisdiction’s _____ policy/ordinance/guidelines or requirements contained 1923 in Section 17(k), Table 1, List of Violations. Guidance: Note that the 1924 Jurisdiction shall amend the text in blue highlighting to identify its 1925 policy/ordinance/guidelines related to assessment of penalties or the 1926 penalty amounts and/or should refer to Table 1 if it has chosen to include 1927 Table 1 in its ordinance.
1928 Notices shall be sent to “owner” at the official address of the owner 1929 maintained by the tax collector for the Jurisdiction or if no such address is 1930 available, to the owner at the address of the dwelling or Commercial 1931 property or to the party responsible for paying for the collection services, 1932 depending upon available information
1933 (e) Penalty Amounts for Types of Violations
1934 Guidance: SB 1383 Regulations (14 CCR Section 18997.2) require assessment of 1935 penalties with minimum penalty levels consistent with the applicable requirements 1936 prescribed in Government Code Sections 53069.4, 25132, and 36900. 1937 Jurisdictions may choose to use the ranges of penalties included in the 1938 Government Code Section and listed below, or may choose to amend the penalty 1939 amounts shown below to establish a specific penalty level (rather than a range) for 1940 each violation type. Jurisdictions that choose to pick a specific penalty amount 1941 must select an amount that is somewhere in the range or higher than the amounts 1942 shown below, but no lower than the lowest value for each range listed below, and 1943 consistent with the ranges listed in Sections 53069.4, 25132, and 36900 of the 1944 Government Code. Jurisdictions should indicate if these penalties are consistent 1945 or different than administrative penalties in Jurisdiction’s code. 1946 The penalty levels are as follows:
1947 (1) For a first violation, the amount of the base penalty shall be $50 to $100 per 1948 violation.
1949 (2) For a second violation, the amount of the base penalty shall be $100 to 1950 $200 per violation.
1951 (3) For a third or subsequent violation, the amount of the base penalty shall be 1952 $250 to $500 per violation.
1953 (f) Factors Considered in Determining Penalty Amount 1954 Guidance: Jurisdictions may consider including this Section if the penalty amounts 1955 are defined as a range (rather than a specific penalty amount). Note that the factors 1956 listed below are the factors that will be used by CalRecycle to determine penalties 1957 against Jurisdictions and other regulated entities, rather than Jurisdictions against 227
-51- Model Ordinance
1958 generators, and have been included here for example purposes. Jurisdictions may 1959 consider including these factors, but this is not required. Jurisdictions should 1960 customize this Section, if including, to list relevant factors or reference other 1961 sections of their municipal/county code if similar provisions already exist. 1962 The following factors shall be used to determine the amount of the penalty for each 1963 violation within the appropriate penalty amount range:
1964 (1) The nature, circumstances, and severity of the violation(s). 1965 (2) The violator’s ability to pay.
1966 (3) The willfulness of the violator's misconduct.
1967 (4) Whether the violator took measures to avoid or mitigate violations of this 1968 chapter.
1969 (5) Evidence of any economic benefit resulting from the violation(s). 1970 (6) The deterrent effect of the penalty on the violator. 1971 (7) Whether the violation(s) were due to conditions outside the control of the 1972 violator.
1973 (g) Compliance Deadline Extension Considerations
1974 The Jurisdiction may extend the compliance deadlines set forth in a Notice of 1975 Violation issued in accordance with Section 17 if it finds that there are extenuating 1976 circumstances beyond the control of the respondent that make compliance within 1977 the deadlines impracticable, including the following:
1978 (1) Acts of God such as earthquakes, wildfires, flooding, and other 1979 emergencies or natural disasters;
1980 (2) Delays in obtaining discretionary permits or other government agency 1981 approvals; or,
1982 (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food 1983 Recovery capacity and the Jurisdiction is under a corrective action plan with 1984 CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. 1985 (h) Appeals Process
1986 Persons receiving an administrative citation containing a penalty for an 1987 uncorrected violation may request a hearing to appeal the citation. A hearing will 1988 be held only if it is requested within the time prescribed and consistent with 1989 Jurisdiction’s procedures in the Jurisdiction’s codes for appeals of administrative 1990 citations. Evidence may be presented at the hearing. The Jurisdiction will appoint 228
-52- Model Ordinance
1991 a hearing officer who shall conduct the hearing and issue a final written order. 1992 Guidance: Jurisdiction shall select an employee or Designee to act as hearing 1993 officer who is different from their enforcement official. 1994 (i) Education Period for Non-Compliance
1995 Beginning January 1, 2022 and through December 31, 2023, Jurisdiction will 1996 conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, 1997 and Compliance Reviews, depending upon the type of regulated entity, to 1998 determine compliance, and if Jurisdiction determines that Organic Waste 1999 Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, 2000 Food Recovery Organization, Food Recovery Service, or other entity is not in 2001 compliance, it shall provide educational materials to the entity describing its 2002 obligations under this ordinance and a notice that compliance is required by 2003 January 1, 2022, and that violations may be subject to administrative civil penalties 2004 starting on January 1, 2024. Guidance: Jurisdictions may initiate the education 2005 period prior to January 1, 2022, but no later than that date pursuant to SB 1383 2006 Regulations (14 CCR Section 18995.1(a)(4)).
2007 (j) Civil Penalties for Non-Compliance
2008 Beginning January 1, 2024, if the Jurisdiction determines that an Organic Waste 2009 Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food 2010 Generator, Food Recovery Organization, Food Recovery Service, or other entity 2011 is not in compliance with this ordinance, it shall document the noncompliance or 2012 violation, issue a Notice of Violation, and take Enforcement Action pursuant to 2013 Section 17, as needed. Guidance: 14 CCR Section 18995.4(a)(1) requires that 2014 Jurisdictions initiate Enforcement Actions no later than January 1, 2024. 2015 Jurisdiction may consider having penalties start earlier than January 1, 2024. If 2016 so, it shall amend the dates in Sections 17(i) and 17(j) above to fit its 2017 commencement date for enforcement.
2018 (k) Enforcement Table
2019 Guidance: While Jurisdictions are required to take Enforcement Actions against 2020 regulated entities, Jurisdictions are not required to include an enforcement table in 2021 their ordinance. The following table is provided as an informational tool to highlight 2022 the primary requirements that a Jurisdiction may choose to include in an 2023 enforcement table, based on the Model Ordinance requirements. If a Jurisdiction 2024 includes such an enforcement table in their ordinance, they may choose to include 2025 more items or delete items from the table depending upon the specifics of their 2026 final ordinance and their enforcement program.
2027 Items in Table 1 below requiring enforcement by Jurisdictions using Performance2028 Based Compliance Approach are indicated in the table with an asterisk (). 2029 Jurisdictions using the Performance-Based Compliance Approach should modify 2030 the table to include only non-compliance items it plans to enforce. 229
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2031 Jurisdictions using a one-container collection service shall include all items except 2032 Organic Waste Generator and Commercial Business requirements. 2033 Table 1. List of Violations (Optional)
Requirement Description of Violation
Commercial Business and
Commercial Business Owner
Responsibility Requirement
Sections 6 and 7
Commercial Business fails to provide or arrange for
Organic Waste collection services consistent with
Jurisdiction requirements and as outlined in this
ordinance, for employees, contractors, tenants, and
customers, including supplying and allowing access
to adequate numbers, size, and location of containers
and sufficient signage and container color.

Organic Waste Generator
Requirement
Section 4, 5, 6 and 7
Organic Waste Generator fails to comply with
requirements adopted pursuant to this ordinance for
the collection and Recovery of Organic Waste.

Hauler Requirement
Section, Section 11
A hauler providing residential, Commercial or
industrial Organic Waste collection service fails to
transport Organic Waste to a facility, operation,
activity, or property that recovers Organic Waste, as
prescribed by this ordinance.

Hauler Requirement
Section 11
A hauler providing residential, Commercial, or
industrial Organic Waste collection service fails to
obtain applicable approval issued by the Jurisdiction
to haul Organic Waste as prescribed by this
ordinance.

Hauler Requirement
Section 11
A hauler fails to keep a record of the applicable
documentation of its approval by the Jurisdiction, as
prescribed by this ordinance.

Self-Hauler Requirement
Section 12
A generator who is a Self-Hauler fails to comply with
the requirements of 14 CCR Section 18988.3(b).

Commercial Edible Food
Generator Requirement
Section 9
Tier One Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by
establishing a contract or written agreement with a
Food Recovery Organization or Food Recovery
Service and comply with this Section commencing
Jan. 1, 2022.

Commercial Edible Food
Generator Requirement
Section 9
Tier Two Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by
establishing a contract or written agreement with a
Food Recovery Organization or Food Recovery
230
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Service and comply with this Section commencing
Jan. 1, 2024.

Commercial Edible Food
Generator Requirement
Section 9
Tier One or Tier Two Commercial Edible Food
Generator intentionally spoils Edible Food that is
capable of being recovered by a Food Recovery
Organization or Food Recovery Service.

Organic Waste Generator,
Commercial Business
Owner, Commercial Edible
Food Generator, Food
Recovery Organization or
Food Recovery Service
Sections 6, 7, and 9
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.

Recordkeeping
Requirements for
Commercial Edible Food
Generator
Section 9
Tier One or Tier Two Commercial Edible Food
Generator fails to keep records, as prescribed by
Section 9.

Recordkeeping
Requirements for Food
Recovery Services and Food
Recovery Organizations
Section 10
A Food Recovery Organization or Food Recovery
Service that has established a contract or written
agreement to collect or receive Edible Food directly
from a Commercial Edible Food Generator pursuant
to 14 CCR Section 18991.3(b) fails to keep records,
as prescribed by Section 10.
2034  Required for Jurisdictions using a Performance-Based Compliance Approach. Items 2035 not marked with an  are not required for Jurisdictions using a Performance-Based 2036 Compliance Approach. All items in the table are applicable to Jurisdictions using a 2037 Standard Compliance Approach.
2038
231
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2039 SECTION 18. EFFECTIVE DATE
2040 This ordinance shall be effective commencing on ___________________. (Jurisdiction 2041 to insert date of effectiveness.)
2042 Guidance: SB 1383 Regulations (14 CCR Section 18981.2(a)) require that an ordinance 2043 or other enforceable mechanism be in place no later than January 1, 2022. Jurisdiction is 2044 to determine whether to make this ordinance effective prior to January 1, 2022 to allow 2045 entities additional time to come into compliance with SB 1383 Regulations through 2046 outreach and education efforts provided by Jurisdiction, prior to Inspections, etc. 2047 Jurisdiction is required to provide education by February 1, 2022 at the latest, but six 2048 months or a year sooner for both education and effective date would give regulated 2049 entities more time to understand and comply, prior to Inspections beginning. 232
SB 1383: Short Lived Climate Pollutants
Presentation Focus
• Requirements of Senate Bill (SB) 1383
• Main Elements of SB 1383
• Establishing the Foundation
• Future Considerations and Funding
233
CalRecycle Requirements
234
The 6 Main Elements of SB 1383
• All generators must have sufficient organics
recycling service and access. • Mandatory Organics Recycling since 2016 • Bin Labeling/color requirements
235
The 6 Main Elements of SB 1383
• Annual monitoring of each route. • Recycling Contractor notifications of “dirty loads”
• Fees for contaminated empties • Notifications, outreach, follow up for remedy
236
The 6 Main Elements of SB 1383
• Messaging required annually
• All generators are required to provide
annual education to employees,
customers, tenants, contractors, etc. • Tier 1 and Tier 2 Edible Food Generators • Edible Food Recovery organizations
• Translated for languages needed
237
The 6 Main Elements of SB 1383
• Edible Food Recovery Capacity
• Organic Waste Capacity
• Secure Contracts
• Current Lack of Capacity statewide
• Review short term and long-term
options
238
The 6 Main Elements of SB 1383
• Recovered organic waste products
• Required procurement amount based on
City population
• 11,050 tons for the City of Visalia
• Recycled-content paper purchasing
• City already has a procurement policy that
addresses this
• Increased record keeping
• Does not require an ordinance, but may require
City-wide operational changes and updates to
the current Procurement Policy to meet
regulations
239
The 6 Main Elements of SB 1383
• Tier 1 (2022) and Tier 2 (2024) generators
must have contracts in place and are
recovering food
• Receive reports from food recovery
organizations
• Provide Outreach
240
Establishing the Foundation
• Updating the Ordinance adds necessary definitions and specifications
• Provides the foundation for development of programs and policies • Ordinances do not set the policy or approach to compliance with SB 1383
• An Implementation Plan for each of the above presented items can set the policy and approach.
241
Enforcement
• Fines related to violations of SB 1383 regulations are required starting in 2024
• The fines are already in the City Ordinance and the new ordinances will point to that section
• City will use this 2-year period for education on new requirements but does not recommend this approach for
organics recycling which has been City standard.
242
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0322 Agenda Date: 9/6/2022 Agenda #: 2.

Agenda Item Wording:

Public Hearing of the City of Visalia’s intent to Adopt Resolution 2022-51 to Amend the Freeway Agreement for State Highway Route 198 from 0.2 Miles East of State Highway Route 99 to 1.5 Miles East of Lovers Lane, to incorporate recent freeway improvements including those at the Lovers Lane (State Route 216)/E. Mineral King Intersection, and changes to the City Limits.

Deadline for Action:
9/6/22 - Caltrans has advised the City that postponing the requested action could impact the project delivery schedule.

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

Rebecca Keenan, Senior Civil Engineer, [email protected], 713-4541 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Shavonne Conley, Caltrans Project Manager, [email protected], 383-5609 Department Recommendation:

Staff recommends that City Council Adopt Resolution 2022-51 to Amend the Freeway Agreement for State Highway Route 198 from 0.2 Miles East of State Highway Route 99 to 1.5 Miles East of Lovers Lane, to incorporate recent freeway improvements including those at the Lovers Lane (SR216)/E.

Mineral King Intersection, and changes to the City Limits.

Summary:

City Staff and Caltrans last updated the City Council regarding the Lovers Lane (SR216) Roadway Rehabilitation and Operational Improvements project at the January 18, 2022, meeting. Since that meeting, the project has continued to advance through the Plans, Specifications, and Estimates (PS&E) and Right of Way (R/W) phase. The purpose of this Public Hearing is to Adopt Resolution 2022-51, to Amend the Freeway Agreement for State Highway Route 198, as outlined in this report.

The update to the Freeway Agreement is required by Caltrans due to the proposed changes to freeway access at Mineral King Avenue and S. Lovers Lane.

Background Discussion:

City staff and Caltrans have worked to identify possible improvements to the Lovers Lane Interchange at State Route 198 since 2015. Ultimate layouts were developed, however, to meet current Caltrans design standards, the ultimate project would require considerable amounts of right of way and would significantly impact the surrounding businesses and residences. The acquisition and improvements would result in exorbitant costs, estimated at over $60 million in 2015 dollars.

Therefore, the City Council authorized staff to work with Caltrans to pursue a more cost-effective interim operational improvement solution. Operational improvements were (and are) supported by Caltrans because there is a new interchange proposed to be constructed 5000 feet east of Lovers Visalia City Council Page 1 of 4 Printed on 9/2/2022
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File #: 22-0322 Agenda Date: 9/6/2022 Agenda #: 2.

Caltrans because there is a new interchange proposed to be constructed 5000 feet east of Lovers Lane, at the Tower Street alignment (Road 148).

An operational improvement alternative was developed and selected, after going through various Caltrans project delivery phases, including the Project Initiation Document (PID) phase and the Project Approval & Environmental Document (PA&ED) phase. These two phases developed various alternatives, compared the feasibility & costs related the alternatives, and selected an interim alternative for implementation. These two project delivery phases included public outreach, and the preparation of the necessary engineering and environmental documents.

As presented to the City Council on May 3, 2021, the PA&ED phase concluded last year, when Caltrans issued the Initial Study with Proposed Mitigated Negative Declaration/Environmental Assessment on March 5, 2021, for public comments. The comment period ended on April 5, 2021, and Caltrans did not receive any comments from the public during that period. Caltrans did receive comments from a resident a few weeks after the update to Council, in June 2021. That resident expressed concern about the possible closure of E. Mineral King Avenue, particularly regarding anticipated impacts to pedestrians and the disabled community. The Caltrans representative took note of the concerns and included them in the team’s process to select the project Alternative to be carried into the design phase.

Through coordination with the various Caltrans functional units and partners, the final alternative was selected. The selected alternative will eliminate the connection of East Mineral King to the east side of Lovers Lane (SR216) and extend the SR 198 westbound ramps to the east side of Lovers Lane.

This alternative was selected because it will decrease possible spillage of vehicles onto the main freeway by increasing the length of the ramps. The functional units considered project elements, such as traffic operations, maintenance, right of way impacts, private property impacts, utility impacts, hydraulic engineering, landscaping, impacts to structures, sustainability, schedule, funding, and complete streets requirements in making the final selection. The final layout includes a multi-use trail to provide connectivity from E. Mineral King Avenue to Lovers Lane and maintain active modes of transportation such as biking and walking. In addition, as requested by the City Council, and reported at the January 18, 2022, meeting, Caltrans prepared additional traffic analysis to determine if there is a way to create a hybrid layout and possibly allow traffic from E. Mineral King Avenue to continue to access Lovers Lane in the northeast quadrant. Unfortunately, Caltrans was not able to develop an acceptable hybrid layout because the required updates to the geometric layout would result in a much larger project footprint. The changes would be significant enough to require further environmental studies, additional right of way, increased time, and increased funding. It was estimated that the project would be impacted by increases in schedule (+18 months) and costs (+ $6 million). The consequential delays and additional costs would render the project unfeasible within the SHOPP funding source timeline.

The project has made significant progress since the last update to Council and is quickly approaching the 95% complete status of the Plans, Specifications and Estimates (PS&E) phase. Therefore, Caltrans is now requesting that the City authorize the City Manager to execute an updated Freeway Agreement. The update to the Freeway Agreement is needed due to the change to local circulation at the Mineral King/Lovers Lane intersection. This agreement is separate from other agreements with Caltrans which deal with maintenance.

When upgrading a State Highway to a Freeway, changes are made to the corridor to allow traffic to Visalia City Council Page 2 of 4 Printed on 9/2/2022
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File #: 22-0322 Agenda Date: 9/6/2022 Agenda #: 2.

When upgrading a State Highway to a Freeway, changes are made to the corridor to allow traffic to move faster and with greater volume. Access is controlled to provide ingress and egress in a safe, efficient manner. Through this process, local roads are often changed by creating interchanges, grade separations, and/or local road closures. Section 100.2 of the Street and Highway Code states that no city street or county highway shall be closed by the construction of a freeway without an agreement between the State and the local jurisdiction authorizing such a closure. It also states that no local road will be connected to a freeway without consent of the State.

A Freeway Agreement documents the understanding between the State of California and local agencies related to traffic circulation features of proposed or existing facilities. The agreement shows features such as which streets are closed or connected to the freeway; which streets are separated from the freeway; the location of frontage roads; locations of railroads; and locations of pedestrian structures.

The State has made several agreements with the City of Visalia to develop State Highway Route 198 into a freeway within the limits of the City. These agreements are dated December 7, 1959; September 18, 1978; July 6, 1998; and November 18, 2013. The State also made agreements with the County of Tulare dated November 29, 1966, and June 22, 1993.

As additional freeway was added and as the City of Visalia grew, the Freeway Agreement was updated to reflect the new conditions. The current Freeway Agreement was last executed on November 18th, 2013, and incorporated improvements related to the Santa Fe Street overcrossing, the Ben Maddox Bridge Widening, and the Plaza Drive Interchange Widening. The new agreement will incorporate the upcoming changes related to the Mineral King/Lovers Lane intersection.

Next Steps:

After the new Freeway Agreement is executed, Caltrans will continue to work on completion of the Plans, Specifications, and Estimates (PS&E). Following is the current Project Schedule, assuming adoption of the new Freeway Agreement:

Project Milestone Milestone Completion Date
Right of Way acquisition complete 04/2023
PS&E Design complete 05/2023
Advertise for Construction 07/2023
Construction to Begin 10/2023
Construction Complete 01/2025
Visalia City Council Page 3 of 4 Printed on 9/2/2022
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File #: 22-0322 Agenda Date: 9/6/2022 Agenda #: 2.

Fiscal Impact: There is no fiscal impact at this time. This project is currently programmed in the Caltrans 2020 State Highway Operation and Protection Program (SHOPP) for a total of $30,800,000, which includes Construction (capital and support) and Right of Way (support). In addition, the Tulare County Association of Governments (TCAG) has committed to contribute up to $1.5M to the construction of the project, as needed.

Prior Council Action:

January 18, 2022 - Council received a presentation and provided comments regarding the Caltrans Lovers Lane Roadway Rehabilitation and Operational Improvements Project regarding the commencement of the Plans, Specifications, and Estimates (PS&E) and the Right of Way (R/W) Phase.

May 3, 2021 - Council received a presentation and provided comments regarding the Caltrans Lovers Lane Roadway Rehabilitation and Operational Improvements Project concluding the Project Approval and Environmental Document (PA&ED) phase at the State Route 198 Interchange.

November 2013 Revised Freeway Agreement
September 1978 Revised Freeway Agreement
May 1992 Revised Freeway Agreement
July 1998 Revised Freeway Agreement
Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):

I move to adopt Resolution 2022-51 to Amend the Freeway Agreement for State Highway Route 198 from 0.2 Miles East of State Highway Route 99 to 1.5 Miles East of Lovers Lane.

Environmental Assessment Status: None
CEQA Review: Initial Study with Proposed Mitigated Negative Declaration/Environmental Assessment prepared by the State of California Department of Transportation, dated March 2021.

Attachments:

1. Resolution 2022-51

2. Revised Freeway Agreement with Map

3. Presentation
Visalia City Council Page 4 of 4 Printed on 9/2/2022
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RESOLUTION NO. 2022-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA

AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED FREEWAY

AGREEMENT FOR THE IMPROVEMENTS TO STATE HIGHWAY ROUTE
198 FROM 0.2 MILES EAST OF STATE HIGHWAY
ROUTE 99 TO 1.0 MILES EAST OF LOVERS LANE
WHEREAS, the State of California entered into Freeway Agreements with both the City of Visalia and the County of Tulare for the above stated portion of State Highway Route 198; and
WHEREAS, the original Freeway Agreement, for State Highway Route 198, between the State of California and the City of Visalia was dated December 7, 1959; and WHEREAS, said Freeway Agreement has been updated periodically as conditions change, the last update being dated November 18th, 2013; and WHEREAS, The City has annexed certain areas including portions of such freeway covered by agreements with the County of Tulare; and
WHEREAS, freeway improvements have been made to State Highway Route 198 including the Akers Street Interchange Improvements; and WHEREAS, the upcoming Lovers Lane (SR216) Improvement Project is anticipated to begin which will require modifications to local streets; and WHEREAS, a revised agreement and plan map for the upcoming Lovers Lane (SR216) Improvement Project has been prepared showing the plan of the State as it affects streets of the City including the anticipated closure of a local street; and WHEREAS, a public hearing was held before the Visalia City Council on September 6th, 2022, in accordance with Streets and Highways Code Section 100.22; and WHEREAS, the City Council of the City of Visalia finds that said revised Freeway Agreement is in the public interest.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia does hereby authorize the City Manager to execute said revised Freeway Agreement between the City of Visalia and the State of California for the improvements to State Highway Route 198 from 0.2 miles east of State Highway Route 99 to 1.0 miles east of Lovers Lane. 247
06 - TUL – 198, R4.0/13.2
From 0.2 miles East of Route 99
To 1.5 Mile East of the Lovers Lane UC
1 FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this day of , 2022, by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation (herein referred to as “STATE”), and the City of Visalia (herein referred to as “CITY”),
WITNESSETH:

WHEREAS, the highway described above has been declared to be a freeway by Resolutions of the California Highway Commission on March 22, 1950, and June 21, 1950; and
WHEREAS, STATE and County of Tulare have entered into Freeway Agreements dated November 29, 1966, relating to that portion of State Highway Route 198 from the prior east CITY limit (near Ben Maddox Way) to 0.25 mile west of Road 192, and on June 22, 1993, relating to that portion of State Highway 198 from Road 86 to 0.2 mile west of Chinowth Road; and
WHEREAS, STATE and CITY have entered into Freeway Agreements dated December 7, 1959 from approximately 1300 feet west of Woodland Drive to the prior east CITY limit (near Ben Maddox Way), and on September 18, 1978, relating to that portion of State Highway Route 198 from 0.3 mile east of State Route 99 to Road 84, and on July 6, 1998, relating to that portion of State Highway Route 198 from Road 84 to Route 63; and
WHEREAS, CITY has subsequently annexed certain areas including portions of such freeway covered by said Freeway Agreements dated November 29, 1966, and June 22, 1993 with the County of Tulare; and
WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the STATE as it affects streets of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeway; NOW, THEREFORE, IT IS AGREED:

1. This Agreement supersedes in its entirety said Freeway Agreement dated November 18, 2013.

2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction 248
06 - TUL – 198, R4.0/13.2
From 0.2 miles East of Route 99
To 1.5 Mile East of the Lovers Lane UC
2 affecting CITY streets, all as shown on the plan map attached hereto, marked Exhibit A, and made a part hereof by reference.

3. The obligations of STATE and CITY with respect to the funding and construction of the freeway project will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto, or Encroachment Permits issued to CITY. The parties responsible for the construction of the freeway shall make any changes affecting CITY streets only in accordance with the plan map attached hereto, marked Exhibit A.

4. The obligations of STATE and CITY with respect to the acquisition of the rights of way required for the construction, reconstruction, or alteration of the freeway and CITY streets, frontage roads, and other local streets will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto or Encroachment Permits issued to CITY.

5. It is understood between the parties that the rights of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway project, the obligations of STATE and CITY hereunder shall be carried out at such time and for such unit or units of the project as funds are budgeted and made lawfully available for such expenditures.

6. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, any frontage streets, and other local streets constructed as part of the project, on receipt of written confirmation that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. If acquired by STATE, CITY will accept title to the portions of such streets lying outside the freeway limits upon relinquishment by STATE.

7. This Agreement may be modified at any time by the mutual consent of the parties hereto, as needed to best accomplish, through STATE and CITY cooperation, the completion of the whole freeway project for the benefit of the people of the STATE and of the CITY.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers.
249
06 - TUL – 198, R4.0/13.2
From 0.2 miles East of Route 99
To 1.5 Mile East of the Lovers Lane UC
3 STATE OF CALIFORNIA
Department of Transportation

STEVEN KECK
Director of Transportation CITY OF VISALIA
By By

DIANA GOMEZ LESLIE CAVIGLIA
District 06 Director City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:

Attorney (State) Attorney (City)
250
DRAFT
251

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

MAP SHOWING

IN THE CITY OF VISALIA

FREEWAY
TO 1.5 MILES EAST OF LOVERS LANE
FROM 0.2 MILE EAST OF ROUTE 99
LEGEND

INTERCHANGE

ROAD CLOSURE AND TERMINUS

CONSTRUCTION AS NECESSARY

FREEWAY AND CONNECTIONS

SEPARATION

SCALE IN FEET
0 1000 2000 3000
Rd 152 Rd 152
ROUTE 198
ROUTE 198
S
S
O
L
S
t
M
c
AU
L
IF
F
S
t
E WILLOW Ave

S HOLLAND
C
t
S
W
IN
D
C
t
S
S
UMM
IT
D
r
S
C
IT
RU
S
C
t
S
S
U
MTE
R
C
t
S
MAN
Z
AN
T
IA
S
t
S
M
cAU
L
IFF
S
t
S
S
IMON
S
t
S
C
RU
M
A
L
S
t
S
V
IS
T
A
S
t
E CATHIE Ct
E
STAPP
Dr

E MINERAL KING

E MINERAL KING
S LOVERS Ln
ROAD 140 ROAD 140
S ARKLE St
COUNTY HWY J15
S
V
IS
T
A
S
t
S
VEL
IE
D
r
S GODDARD St
E KAWEAH Ct
S PINKHAM St

SAN JOAQUIN VALLEY

S BEN MADDOX WAY
E NOBLE Ave
S BURKE St
S OAKHURST St
S CAIN St
S CAPRI Ln
S DUNWORTH St
S
MAIN
St
S EDISON St
S BURKE St
S kAWEAH Ave
S TIPTON St
S SANTA FE St
E NOBLE Ave
S BRIDGE St
S GARDEN St
S CHURCH St
S COURT St
W MYRTLE Ave
E NOBLE Ave
ROAD 128
(ROUTE 63)
ROUTE 63
S LOCUS St
W OLIVE Ave S ENCINA St
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06-Tul-198, PM R4.0/R13.2
IN THE COUNTY OF TULARE ROUTE 198 PM R4.0/R13.2
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CITY OF VISALIA
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City of Visalia City Council
Public Hearing
September 6, 2022
Caltrans Project 06-0W900
253
PUBLIC HEARING:

Adoption of Resolution 2022-51 to Amend the
Freeway Agreement for State Highway Route
198 from 0.2 Miles East of State Highway
Route 99 to 1.5 Miles East of Lovers Lane
(State Route 216)/E. Mineral King Intersection,
and changes to the City Limits.
2 254
3 ROUTE 99 TO SHIRK ROAD 255
4 SHIRK ROAD TO COUNTY CENTER
256
5 COUNTY CENTER TO E. MAIN ST.
257
6 E. MAIN ST. TO ROAD 152 CITY LIMITS
258
7 • Widen to
standard lane
width and
shoulders.
• Remove stop
control at off
ramp
• Close Mineral
King at Buck Rd.
• Extend storage
length for both
ramps.
259
8 260
Project Milestone
Milestone
Completion Date
Right of Way acquisition complete April 2023
PS&E Design complete May 2023
Advertise for Construction July 2023
Construction to Begin October 2023
Construction Complete January 2025
9 261
10 “I move to adopt Resolution 2022-51 to Amend the Freeway Agreement for State Highway Route 198 from 0.2 Miles
East of State Highway Route 99 to 1.5 Miles East of Lovers Lane .”
262
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0325 Agenda Date: 9/6/2022 Agenda #: 3.

Agenda Item Wording:

Public Hearing and consideration of the following actions related to the project site located on two parcels situated between North Shirk Street and Road 88 (Clancy Street), 300 feet south of West Pershing Court (APN: 081-030-046, 080):

1. Certification of Initial Study / Mitigated Negative Declaration No. 2021-33 (Resolution No. 2022 -52 required).

3. Change of Zone No. 2021-04: A request to change the zoning on one parcel totaling 10 acres, resulting in the removal of a R-1-20 (Single-family Residential 20,000 square foot minimum lot area) zone designation, addition to a R-1-5 (Single-family Residential 5,000 square foot minimum lot area) zone designation, and establishment of a QP (Quasi-Public) zone designation. (First reading of Ordinance No. 2022-12 required.)
Deadline for Action: 9/6/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Brandon Smith, Principal Planner, (559) 713-4636, [email protected] <mailto:% [email protected]%20>
Paul Bernal, Community Development Director, (559)713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:

The Planning Commission recommends that the City Council approve General Plan Amendment No. 2021-03 and approve the first reading of Ordinance No. 2022-12 approving Change of Zone No. 2021-04. This recommendation is consistent with the staff recommendation made to the Planning Commission on August 8, 2022.

The General Plan Amendment and Change of Zone are supported by the Planning Commission and staff based on the project’s consistency with the Land Use Element of the General Plan. Specifically, these entitlements will facilitate an alternative buffering plan on the overall 50-acre site that incorporates a dedicated separation and protection from the light industrial zoning designation and land uses to the north, consistent with General Plan Policy LU-P-103. The General Plan Amendment and Change of Zone will not affect the southern portion of the 50-acre site that will remain as Residential Low Density general plan / R-1-5 zoning.

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File #: 22-0325 Agenda Date: 9/6/2022 Agenda #: 3.

Background Discussion:

Project applicant D.R. Horton has filed entitlement applications to facilitate the subdivision and development of property, consisting of two parcels totaling 50 acres, into a single-family residential subdivision and linear park. The two parcels consist of one 10-acre parcel currently located within the City limits and Growth Tier I, and one 40-acre parcel currently located in Tulare County jurisdiction and Growth Tier II.

Among the entitlement applications are General Plan Amendment (GPA) No. 2021-03, a request to change the land use designations on the two parcels totaling 50 acres, and Change of Zone (COZ) No. 2021-04, a request to change the zoning designation on the one 10-acre parcel currently in the City limits. The GPA and COZ are being done to facilitate uniform land use designations across the two parcels to facilitate two subdivision maps - Shepherds Ranch I and Shepherds Ranch II - and facilitate creation of an overall 3.6-acre linear park adjacent to light industrial land uses to the north.

The Shepherds Ranch I Tentative Subdivision Map No. 5581, a request to subdivide the 10-acre parcel within City limits into 41 single-family residential lots and a 0.96-acre linear park, was considered by the Planning Commission on August 8, 2022 (refer to site plan attached as Attachment 7). The Planning Commission approved the subdivision and recommended approval of the GPA and COZ. The GPA and COZ must be approved by the City Council for the Shepherds Ranch I subdivision to be developed in Growth Tier I.

Also on August 8, 2022, the Planning Commission continued to a date uncertain, entitlement applications pertaining to the Shepherds Ranch II development, consisting of a tentative subdivision map, tentative parcel map, and annexation. The applications were continued so that the City can further address General Plan Policy LU-P-34 regarding an agricultural mitigation program, being that the 40-acre site associated with Shepherd Ranch II is within Tier II. The subject site of Shepherds Ranch I and COZ No. 2021-04 (i.e., 10-acre parcel) is in Tier I and is not impacted by the AMP requirement or the related ruling. Therefore, consideration of these entitlements can proceed. Due to the court decision invalidating GPA No. 2021-01, the environmental review necessary for the three entitlements pertaining to Shepherds Ranch II (i.e., 40-acre parcel) will need to be reviewed and potentially modified before the City can make a decision on those matters.

GPA No. 2021-03 relates to two properties located in Growth Tiers I and II. Although the recent ruling of the of the Superior Court of the State of California, County of Tulare, impacts development entitlements in Tier II, the proposed amendment is not impacted since it merely changes the land use designation and does not directly facilitate land development. The property (40-acre site) within the County must first be annexed before development could proceed. The City concludes that the GPA, as it pertains to both properties, can and should move forward for consideration since the applicant’s and property owner’s long-term desire is to have “one” unified development across the two properties with a linear park functioning as a buffer between Road 88 (i.e., Clancy St.) and Shirk Street, as demonstrated in Attachments 5 and 6.

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File #: 22-0325 Agenda Date: 9/6/2022 Agenda #: 3.

Summary of General Plan Amendment and Change of Zone:

The properties requested for GPA and COZ currently have a land use designation of Residential Very Low Density (corresponding to a zone designation of Single-family Residential, 20,000 square foot minimum lot size or R-1-20) on approximately 18 acres along its north and west sides, which abut existing Industrial and Light Industrial land use designations (see Attachments 1 and 2). The remaining 32 acres of the property currently has a land use designation of Residential Low Density (corresponding to a zone designation of Single-family Residential, 5,000 square foot minimum lot size or R-1-5).

The changes in land use designation, if approved, will eliminate the Residential Very Low Density Designation (18-acres), increase the Residential Low Density Designation from 32 acres to 47 acres, and establish a 3.6 acre Parks/Recreation designation along the north side of the site adjacent to existing industrial land uses (see Attachments 3 and 4).

Replacement of Very Low Density with Linear Park:

The GPA and COZ to amend the City of Visalia General Plan land use and zoning designations are needed to accommodate the Shepherd Ranch subdivision’s design and lot pattern consisting of lots between 5,000 and 13,648 square feet.

The existing General Plan land use map shows a Residential Very Low Density designation (i.e., minimum 20,000 square foot lot size) on the north and west sides of the subject properties, at a depth of approximately 240 feet. The Residential Very Low Density designation is intended to serve as a buffer from the Light Industrial designation to the north and the Industrial designation to the west, so that residences would be built at a lesser density and plotted in a manner that provides an increased setback between industrial and residential structures.

The proposed General Plan amendment replaces the Residential Very Low Density designation with a Residential Low Density designation and a Parks / Recreation designation intended to facilitate a linear park that will serve as a buffer, according to the proposed tentative subdivision maps (see Attachment 5). The linear park will ultimately range in depth from 41 to 138 feet in depth; however, the total separation between the north property line abutting the Light Industrial designation and any residential lot’s property line will range between 101 and 138 feet with the inclusion of a 60-foot wide local street in some portions of the buffer. The Shepherds Ranch I site will have a 111-foot buffer consisting of a 51-foot deep park site and a 60-foot wide local street. The park will be maintained as part of the subdivision’s Landscape and Lighting District but will be open to all within the City.

To the west adjacent to the Industrial designation, according to Attachment 5, the total separation between industrial and residential properties will be 94 feet, comprised of the 88-foot ultimate right-ofway width for Road 88 (i.e., Clancy St.) and a 10-foot landscape lot (Outlots A and B) between the road and the residential lots. A 6-foot, 8-inch concrete masonry unit block wall is included within Outlots A and B.

It should be noted that the Industrial designated land to the west, located in Growth Tier I, is currently undeveloped and first requires annexation to the City limits.

Park / Open Space:

The subdivision will include the construction of a linear park. The park, which will have a Quasi-Public (QP) zoning designation, is planned to be open and accessible to the public and is not planned to be Visalia City Council Page 3 of 8 Printed on 9/2/2022
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File #: 22-0325 Agenda Date: 9/6/2022 Agenda #: 3.
(QP) zoning designation, is planned to be open and accessible to the public and is not planned to be walled or gated along the street frontages. The park will contain trees, landscaping, irrigation, and a ½-mile trail extending the entire width from Shirk to Road 88 (i.e., Clancy St.), as shown in Attachment 6. Playground equipment (tot lot) and a picnic area are also identified in the linear park, and a seven-foot tall block wall will be placed along the abutting north property line.

The trail will be internal to the park only and will not connect with other City trails, as there are no other existing or planned trails in the vicinity. The park will not have on-site parking, though on-street parking will be available on the entire north side of the adjoining street. The park will be maintained by a Landscaping and Lighting District assessment similar to pocket parks in other subdivisions, despite the fact that the total park area (one acre within Shepherds Ranch I and three acres overall) would be significantly larger than most pocket park sizes (generally 0.5 to 2 acres).

A public park is designated by the General Plan to be located directly south of the project, though there is no certain timeframe for annexation and development of this site. The nearest existing public parks to this site are Willow Glen Park and Lions Park, located 1.0 and 1.25 miles to the northeast and east.

General Plan Land Use and Zoning Designation Consistency:

Staff finds the proposed General Plan Amendment and Change of Zone will maintain consistency with the Land Use Element’s intent. Staff finds that the usage of the Parks / Recreation designation with minimum 100-foot depth can achieve the intended goal of providing a separation between industrial uses and residential uses as was envisioned with the Residential Very Low Density designation.

Policy LU-P-103: Require buffering land uses adjacent to existing or planned residential areas adjacent to industrial designations. Such uses may include parks, drainage ponds, open space, or other such uses.

The RVLD designation is also used at the edges of neighborhoods to provide a gentler transition to rural uses and surrounding agricultural areas, particularly around the perimeter of Visalia’s Urban Growth Boundary, Tier III, in keeping with the following Policy LU-P-54:

Update the Zoning Ordinance to reflect the Very Low Density Residential designation on the Land Use Diagram and create opportunities for residential dwellings at 0.1 to 2 units per gross acre, providing for single-family detached housing on large lots and a rural residential transition to surrounding agricultural areas.

Residential Low Density (RLD) designation (i.e., 2 to 10 dwelling units / gross acre) is identified by Visalia City Council Page 4 of 8 Printed on 9/2/2022
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File #: 22-0325 Agenda Date: 9/6/2022 Agenda #: 3.

Residential Low Density (RLD) designation (i.e., 2 to 10 dwelling units / gross acre) is identified by the General Plan for this area and for undeveloped land further to the south to Mill Creek and State Highway 198.

An existing residential tract immediately to the south of the Shepherds Ranch I subdivision site is developed to rural residential lot standards with approximately ¾-acre lots; however, the Visalia General Plan also designates this area as Residential Low Density. Lots from that subdivision that will abut the existing residential tract to the south will have a greater depth, measuring approximately 124 feet, than the other lots in the subdivision which will range from 107 to 111 feet. The applicant has provided a lot fit analysis exhibit that demonstrates the potential setbacks that would be maintained. This analysis shows the house plans that would be able to fit on the lots and their rear yard setbacks, provided the house is moved as close to the front as possible. Based on the 124-foot lot depth, most lots facing the south (i.e., Lots 8 through 16) would have a minimum setback of approximately 49 feet.

Background on Shirk Street Improvements and Widening:

The developer of the subdivision will be required to construct major street improvements along Shirk Street. Improvements along the subdivision frontage include improving Shirk Street to its ultimate 110 -foot wide right-of-way design, excepting a raised median due to constrained right-of-way width south of the property towards Highway 198. This will include a 35-foot wide dedication (needed to improve the street to its full width on the west side) to provide Shirk Street with full improvements including a center turn lane. Also, as noted in the Engineering Division’s Site Plan Review comments, all new utilities that will service the residential subdivision will be placed underground.

A separate capital improvement project (CIP) is planned for the widening of Shirk Street to four lanes between School Avenue (1/4-mile north of State Highway 198) and Riggin Avenue. This project will include buildout of the east side of Shirk immediately east of Shepherds Ranch I, which will also require an approximately 35-foot wide dedication along the east side of Shirk. It will also include the installation of a center left turn lane for the street segment adjacent to the subdivision, which allows for full turning movements. The project is tentatively scheduled to commence Summer 2023, to be proceeded by the installation of a sewer trunk line in Fall 2022 that is anticipated to take between six to eight months.

South of the Shepherds Ranch subdivision, the Shirk widening project will consist of four lanes without a center turn lane, to avoid right-of-way dedication from property owners located in the County on the west side of Shirk. In the future when the west side of Shirk south of the project is annexed and developed, a raised median will be installed throughout Shirk that may restrict certain turning movements at local street intersections, including at Shepherds Ranch. Instead of full turning movements, some access will be limited to right-in / right-out. In some cases, a left-in may occur.

These are yet to be determined but will follow the City of Visalia standards and super block Visalia City Council Page 5 of 8 Printed on 9/2/2022
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File #: 22-0325 Agenda Date: 9/6/2022 Agenda #: 3.
connectivity.

Planning Commission Public Hearing:

The Planning Commission conducted a public hearing on August 8, 2022 (continued from July 25, 2022) to consider the GPA, COZ, and tentative subdivision map request for the project site. The Commission approved the tentative subdivision map and recommended that the City Council approve the GPA and COZ by a 3-1 vote (Hansen - no; Gomez - absent).

During the public hearing, five persons spoke toward the item. The speakers consisted of four neighbors who all reside in the existing County subdivision tract to the south, along with a professional from QK, Inc. representing the applicant. The four neighbors, who were all opposed to the entitlements, raised various concerns and requests regarding the proposed subdivision, specifically the inconsistency of lot sizes in contrast to the existing neighboring lots, increase in traffic onto Shirk Street, traffic from the future Shepherd’s Ranch II being funneled onto Shirk, lack of a concrete block wall dividing the proposed subdivision and existing tract, and concern of the proposed subdivision’s exposure to noise and the impact to property values. One neighbor suggested relocating or adding a park strip on the south side of the subdivision to buffer the existing residential development, and other neighbors requested the placement of a block wall and privacy enhancing features around their existing tract. The neighboring residents submitted a letter outlining their concerns to the Planning Commission during the public hearing, which is included as Attachment 8.

In discussing the item, Commissioner Peck, who made the motion to recommend approval, felt that leaving the General Plan and Zoning designations in their existing state would not benefit the whole property in the applicant’s effort to achieve one cohesive development. He furthermore recognized that the existing designations left “as is” would still allow for the same property density to be developed adjacent to the neighbors. Commissioner Beattie, who seconded the motion, also recognized that the project and its associated density are consistent with the range prescribed by the General Plan for Low Density Residential. Commissioner Hansen, in the dissenting vote, noted his concern with too many issues pertaining to the City and County interface, including the proposed subdivision’s small lot sizes abutting the existing larger County lots. The Commissioners felt no need to require further off-site improvements as requested by the neighbors, and Commissioner Tavarez hoped that the future City project to widen Shirk may provide opportunities to incorporate privacy enhancements into the existing subdivision.

Fiscal Impact:

None. The linear park proposed in the subdivision will be maintained through a Landscaping and Lighting District.

Prior Council Action: None.

Alternatives:

The City Council may, in lieu of the recommended motion specified above, consider the following alternatives:

1. Deny the General Plan Amendment and Change of Zone; or

2. Refer the General Plan Amendment and Change of Zone back to Planning Commission.

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File #: 22-0325 Agenda Date: 9/6/2022 Agenda #: 3.

Recommended Motion (and Alternative Motions if expected):

1. I move to approve Resolution No. 2022-52 to certify Mitigated Negative Declaration No. 2021-

33. 2. I move to approve Resolution No. 2022-53, approving General Plan Amendment No. 2021-03.

3. I move to introduce for the first reading of Ordinance No. 2022-12, approving Change of Zone No. 2021-04.

Environmental Assessment Status:

An Initial Study and Mitigated Negative Declaration were prepared for the proposed project. Initial Study and Negative Declaration No. 2021-33 disclosed that environmental impacts are determined to be not significant with the inclusion of mitigation measures pertaining to biological resources, cultural resources, soil erosion, noise, and traffic. Staff concludes that Initial Study and Mitigated Negative Declaration No. 2021-33 adequately analyzes and addresses the proposed project and reduces environmental impacts to a less than significant level.

CEQA Review:

Attachments:
· Resolution No. 2022-52for Initial Study and Negative Declaration No. 2021-33 · Resolution No. 2022-53for General Plan Amendment No. 2021-03 · Ordinance No. 2022-12for Change of Zone No. 2021-04
· Attachment 1 - Existing General Plan land use designation map · Attachment 2 - Existing zoning designation map
· Attachment 3 - Proposed General Plan land use designation map · Attachment 4 - Proposed zoning designation map
· Attachment 5 - Overall Development Plan
· Attachment 6 - Linear Park Conceptual Exhibit
· Attachment 7- Subdivision Map: Shepherds Ranch I
· Attachment 8 - Letter submitted on August 8 by neighboring residents · Attachment 9 - Planning Commission staff report
· Environmental Review Document (Initial Study / Mitigated Negative Declaration) · General Plan Land Use Map
· Zoning Map
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File #: 22-0325 Agenda Date: 9/6/2022 Agenda #: 3.
· Aerial Photo
· Location Map
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Resolution No. 2022-
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2021-33, WHICH

EVALUATES ENVIRONMENTAL IMPACTS FOR SHEPHERDS RANCH I
TENTATIVE SUBDIVISION MAP NO. 5581, GENERAL PLAN
AMENDMENT NO. 2021-03, AND CHANGE OF ZONE NO. 2021-04
WHEREAS, the project consisting of Shepherds Ranch I Tentative Subdivision Map No. 5581, General Plan Amendment No. 2021-03, and Change of Zone No. 2021-04 (hereinafter “Project”) is a request to amend the General Plan land use designations on two parcels totaling 50 acres and amend the Zoning designation on one parcel totaling 10 acres, resulting in the removal of a Residential Very Low Density land use designation, addition to a Low Density Residential land use designation, and establishment of a Parks/Recreation land use designation in order to facilitate the subdivision of said 10-acre parcel into a 41-lot single-family residential subdivision. The Project is located on two parcels located between Shirk Street and Road 88, 300 feet south of West Pershing Court. (APN: 081-030-046, 080); and,
WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice, held a public hearing before said Council on September 6, 2022; and, WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from the Project with the inclusion of mitigation measures; and, WHEREAS, on the basis of this Initial Study, a Mitigated Negative Declaration has been prepared for the Project pursuant to the California Environmental Quality Act of 1970 (CEQA), as amended; and
WHEREAS, the Initial Study and Mitigated Negative Declaration for the Project were prepared and noticed for review and comment for 20 days beginning on June 30, 2022; and, WHEREAS, the City of Visalia did not receive any comments on the Initial Study and Mitigated Negative Declaration; and,
WHEREAS, the City Council of the City of Visalia considered the Initial Study and Mitigated Negative Declaration and found that the Initial Study and Mitigated Negative Declaration contain and reflect the independent judgment of the City of Visalia.

NOW, THEREFORE, BE IT RESOLVED that the Initial Study and Mitigated Negative Declaration was prepared consistent with the California Environmental Quality Act (CEQA) and the City of Visalia Environmental Guidelines.
271
Resolution No. 2022-
BE IT FURTHER RESOLVED that the City Council of the City of Visalia hereby finds, on the basis of the whole record before it, that there is no substantial evidence that the project will have a significant effect on the environment and hereby adopts Initial Study and Mitigated Negative Declaration No. 2021-33. The documents and other material which constitute the record of the proceedings upon which the decisions based are located at the office of the City Planner, 315 East Acequia Avenue, Visalia, California, 93291.
272
Resolution No. 2022-
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF VISALIA, APPROVING GENERAL PLAN AMENDMENT NO. 2021-03,

A REQUEST TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS ON TWO PARCELS TOTALING 50 ACRES, RESULTING IN THE REMOVAL OF A RESIDENTIAL VERY

LOW DENSITY LAND USE DESIGNATION, ADDITION TO A LOW DENSITY RESIDENTIAL

LAND USE DESIGNATION, AND ESTABLISHMENT OF A PARKS/RECREATION LAND USE DESIGNATION, ON PROPERTY LOCATED BETWEEN SHIRK STREET AND ROAD 88, 300 FEET SOUTH OF WEST PERSHING COURT. (APN: 081-030-046, 080) WHEREAS, General Plan Amendment No. 2021-03 is a request to amend the General Plan land use designations on two parcels totaling 50 acres, resulting in the removal of a Residential Very Low Density land use designation, addition to a Low Density Residential land use designation, and establishment of a Parks/Recreation land use designation, on property located between Shirk Street and Road 88, 300 feet south of West Pershing Court. (APN: 081- 030-046, 080); and,
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on July 25, 2022; and WHEREAS, after taking public comment at the July 25, 2022 Planning Commission meeting the Planning Commission continued the project to the August 8, 2022 Planning Commission meeting at the request of the applicant; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on August 8, 2022; and WHEREAS, the Planning Commission of the City of Visalia considered the General Plan Amendment in accordance with Section 17.54.060 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, WHEREAS, the Planning Commission of the City of Visalia adopted Resolution No. 2021-35 recommending approval of General Plan Amendment No. 2021-03; and, WHEREAS, the City Council of the City of Visalia, after ten days published notice, held a public hearing for General Plan Amendment No. 2021-03 on September 6, 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Visalia approves General Plan Amendment No. 2021-03, as shown on Attachment “1” of this Resolution, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Section 17.54.080 of the Ordinance Code of the City of Visalia, based on the following specific findings and evidence presented:

1. That the proposed General Plan Amendment is consistent with the goals, objectives, and policies of the General Plan, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed General Plan Amendment changing 18.8 acres of Residential Very Low Density designation to 15.7 acres of Residential Low Density designation and 3.1 acres of 273
Resolution No. 2022-
Parks / Recreation will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

3. That the proposed land use designations under the proposed General Plan Amendment results in land uses that suitably buffer and provide an efficient transition between the existing and future industrial uses to the north and the proposed residential uses within the project site.

4. That the General Plan Amendment will help facilitate additional residential units within the Tier 1 and 2 Urban Development Boundaries. The proposed subdivision is compatible with the adjacent residential uses.

5. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2021-33, is hereby adopted. Furthermore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. 274
Resolution No. 2022-
ATTACHMENT “1”

A RESOLUTION OF THE CITY COUNCIL

AMENDING THE GENERAL PLAN LAND USE MAP AS FOLLOWS

EXISTING
Residential Low Density
Office
275
Resolution No. 2022-

PROPOSED
276
Ordinance No. 2022-
ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING CHANGE OF ZONE NO. 2021-04,
A REQUEST TO CHANGE THE ZONING ON ONE PARCEL TOTALING 10 ACRES, RESULTING IN THE REMOVAL OF A R-1-20 (SINGLE-FAMILY RESIDENTIAL 20,000 SQUARE FOOT MINIMUM LOT AREA) ZONE DESIGNATION, ADDITION TO A R-1-5 (SINGLE-FAMILY RESIDENTIAL 5,000 SQUARE FOOT MINIMUM LOT AREA) ZONE DESIGNATION, AND ESTABLISHMENT OF A QP (QUASI-PUBLIC) ZONE DESIGNATION.

THE PROJECT SITE CONSISTS OF ONE PARCEL LOCATED ON THE WEST SIDE OF SHIRK STREET, 300 FEET SOUTH OF WEST PERSHING COURT. (APN: 081-030-046) WHEREAS, Change of Zone No. 2021-04 is a request to change the zoning on one parcel totaling 10 acres, resulting in the removal of a R-1-20 (Single-family Residential 20,000 square foot minimum lot area) zone designation, addition to a R-1-5 (Single-family Residential 5,000 square foot minimum lot area) zone designation, and establishment of a QP (QuasiPublic) zone designation. The project site consists of one parcel located on the west side of Shirk Street, 300 feet south of W. Pershing Court. (APN: 081-030-046); and, WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on July 25, 2022; and WHEREAS, after taking public comment at the July 25, 2022, Planning Commission meeting the Planning Commission continued the project to the August 8, 2022 Planning Commission meeting at the request of the applicant; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on August 8, 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 Change of Zone; and,
WHEREAS, the Planning Commission of the City of Visalia adopted Resolution No. 2021-36 recommending approval of Change of Zone No. 2021-04; and, WHEREAS, the City Council of the City of Visalia, after ten days published notice, held a public hearing for Change of Zone No. 2021-04 on September 6, 2022.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Visalia approves Change of Zone No. 2021-04, 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 the proposed Change of Zone 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. 277
Ordinance No. 2022-

2. That the proposed Change of Zone changing 4.7-acres of R-1-20 (Single-family Residential, 20,000 square feet minimum lot size) zone to 1.0 acre of QP (Quasi-Public) and 3.7 acres of R-1-5 (Single-family Residential, 5,000 square feet minimum lot size) zone, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

3. That the Change of Zone will help facilitate additional residential units within the Tier 1 Urban Development Boundary. The proposed subdivision is compatible with the adjacent residential uses.

4. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2021-33, is hereby adopted. Furthermore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.
278
Ordinance No. 2022-
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:

EXISTING

279
Ordinance No. 2022-

PROPOSED
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. 280
Document Path: L:\Projects\2021\210112\GIS\Maps\MXD\GP_zoning_v2.mxd Date: 7/23/2021 15:23 QK Sources: Tulare County
ESRI Sources: Esri, HERE, Garmin, Intermap, increment P Corp., 0 500 Feet
NN
Project Site
Existing City General Plan
Residential Very Low Density
Residential Low Density

18.8 Acres

32.0 Acres
281
Document Path: L:\Projects\2021\210112\GIS\Maps\MXD\GP_zoning_v2.mxd Date: 7/23/2021 15:31 QK Sources: Tulare County
ESRI Sources: Esri, HERE, Garmin, Intermap, increment P Corp., 0 500 Feet
NN
Project Site
Existing City Zoning
County Areas
R-1-20
R-1-5

4.7 Acres

40.5 Acres

5.6 Acres
282
Document Path: L:\Projects\2021\210112\GIS\Maps\MXD\GP_zoning_v2.mxd Date: 7/30/2021 13:44 QK Sources: Tulare County
ESRI Sources: Esri, HERE, Garmin, Intermap, increment P Corp., 0 500 Feet
NN
Project Site
Proposed City General Plan
Parks/Recreation
Residential Low Density

47.2 Acres

3.6 Acres
283
Document Path: L:\Projects\2021\210112\GIS\Maps\MXD\GP_zoning_v2.mxd Date: 7/30/2021 13:43 QK Sources: Tulare County
ESRI Sources: Esri, HERE, Garmin, Intermap, increment P Corp., 0 500 Feet
NN
Project Site
Proposed City Zoning
Quasi-Public
R-1-5

47.2 Acres

3.6 Acres
284
17 18
30 31
32 33
34 27
28 29
35 38
39 40
41 42
43 36
37 44
127 126 125 124 123 122 121 120 119 118
104 105 106 107 108 109 110 111 112 113
14 15
16 21
20 19
57 69 74
70 73
50 56
63 45 46
67 47
66 48
65 49
64 53
60 51
62 52
61 54
59 55
58 171 153
170 154
169 155
168 156
167 157
166 158
165 159
151 150 149 148 147 146 145 144 143 142 141
128 129 130 131 132 133 134 135 136 137 138
196
200
199
198
197
1 2
3 4
5 6
7 8
174
175
176 160
162
164
179 178 177
180
181
182
183 173
117
114
191
192
193
194
187
184
185
186
190 189 188
172 152
68 116
139
115
161
140
71 72
163
91 102 101 100 99 95 94 93 92
103 96 195
98 97
82 90
75 83
76 84
77 85
78 86
79 87
80 88
81 89
9 10
11 12
13 22
26 25
24 23

OUTLOT C OUTLOT C

OUTLOT A

OUTLOT B
38 5
6 7 17
2 3
4 9 10 16 8 11 12 13 14 15
1 33 34 35 36 37 39 40 41
21 32 31 30 29 28 27 26 25 24
20 22
18 19

TEMPORARY
BASIN

HELEN AVENUE HELEN AVENUE

BERNARD AVENUE
BERNARD AVENUE ROAD 88 SAUVEUR DRIVE

OSSES DRIVE

OSSES ERNEST LANE

JOSEPH AVENUE SHIRK ROAD

ALLEN AVENUE

GROVE AVENUE STREET B STREET A

DRIVE BETRIENIA LANE

OSSES DRIVE

OUTLOT B
23 OUTLOT A PIERRE COURT PIERRE COURT MARIE COURT
N
285
286

EXERCISE STATION &

BENCHES

LINEAR PARK CONCEPT
Iron Ridge
Visalia, California

MASONRY
WALL
0 30’ 60’ 125’

EXERCISE STATION &

BENCHES

PARK ID SIGN

TRAIL REPLACE SIDEWALK IN THE
STREET

PROPERTY BOUNDARY
287

SHIRK ROAD ALLEN AVENUEGROVE AVENUE

STREET A
STREET B2 3 45 6 7 8 9 10 11 12 13 14 15 16 17 1819 20 21 22 31 30 29 28 27 26 25 24 33 34 35 36 37 38 39 40 41 LOT A 21 14 15 16 17 18
10 LOT 9

MARCIN ESTATES
39 M 50, T.C.R.

LOT 1 19 2

STONEGATE ESTATES
41 M 80, T.C.R.

US TOWER

INDUSTRIAL PARK
39 M 89, T.C.R. PM 4664 47 PM 69, T.C.R. PM 5218 53 PM 25, T.C.R. PM 4664 47 PM 69, T.C.R.

Marvin Hansen Adam Peck
COMMISSIONERS: Mary Beatie, Chris Tavarez, Chris Gomez, Adam Peck, Marvin Hansen MONDAY, AUGUST 8, 2022

VISALIA COUNCIL CHAMBERS
LOCATED AT 707 W. ACEQUIA AVENUE, VISALIA, CA
MEETING TIME: 7:00 PM

1. CALL TO ORDER –

2. THE PLEDGE OF ALLEGIANCE –

3. CITIZEN’S COMMENTS – This is the time for citizens to comment on subject matters that are not on the agenda but are within the jurisdiction of the Visalia Planning Commission. You may provide comments to the Planning Commission at this time, but the Planning Commission may only legally discuss those items already on tonight’s agenda.

The Commission requests that a five (5) minute time limit be observed for Citizen Comments. You will be notified when your five minutes have expired.

4. CHANGES OR COMMENTS TO THE AGENDA –

5. CONSENT CALENDAR - All items under the consent calendar are to be considered routine and will be enacted by one motion. For any discussion of an item on the consent calendar, it will be removed at the request of the Commission and made a part of the regular agenda.
• No items on the Consent Calendar

6. PUBLIC HEARING – (Continued from July 25, 2022) Brandon Smith, Principal Planner General Plan Amendment No. 2021-03: A request to amend the General Plan land use designations on two parcels totaling 50 acres, resulting in the removal of a Residential Very Low Density land use designation, addition to a Residential Low Density land use designation, and establishment of a Parks/Recreation land use designation.

Change of Zone No. 2021-04: A request to change the zoning on one parcel totaling 10 acres, resulting in the removal of a R-1-20 (Single-Family Residential 20,000 square foot minimum lot area) zone designation, addition to a R-1-5 (Single-Family Residential 5,000 square foot minimum lot area) zone designation, and establishment of a QP (Quasi-Public) zone designation.
292
Planning Commission Agenda, Monday, August 8, 2022
2 Shepherds Ranch I Tentative Subdivision Map No. 5581: A request to subdivide 10 acres into a 41-lot single-family residential subdivision with two outlots for landscaping, lighting, and park purposes.

Shepherds Ranch II Tentative Subdivision Map No. 5589: A request to subdivide 40 acres into a 200-lot single-family residential subdivision with three outlots for landscaping, park, and trail purposes.

Tentative Parcel Map No. 2022-03: A request to subdivide 40 acres into three parcels for phasing and financing purposes.

Annexation No. 2022-04: A request to annex approximately 40 acres into the city limits of Visalia. Upon annexation, the area would be zoned R-1-5 (Single-Family Residential 5,000 square foot minimum lot area) and QP (Quasi-Public) zone designations, consistent with the General Plan Land Use Designation of Residential Low Density and Parks/Recreation.

Location: The project site consists of two parcels (located between Shirk Street and Road 88, 300 feet south of W. Pershing Court. (APN: 081-030-046, 080). An Initial Study was prepared for this project, consistent with the California Environmental Quality Act (CEQA), which disclosed that environmental impacts are determined to be not significant, subject to mitigation, and that Mitigated Negative Declaration No. 2021-33 (State Clearinghouse #2022060683) be adopted.

7. PUBLIC HEARING – Josh Dan, Associate Planner
Conditional Use Permit No. 2022-16: A request by Kaweah Health Medical Group to establish a 5,280 square foot medical clinic on a 0.5-acre parcel in the Industrial (I) Zone District. The project site is located at the northwest corner of North Plaza Drive and West Placer Avenue. (Address: N/A) (APN: 081-100-014). The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332, Categorical Exemption No. 2022-38.

8. CITY PLANNER/ PLANNING COMMISSION DISCUSSION –
a. The next Planning Commission meeting is Monday August 22, 2022. b. GPA/COZ for Tiger Tea House project approved by City Council on August 1, 2022. c. ZTA’s for HPAC items approved by City Council on August 1, 2022. d. Staff to present to Planning Commission at August 22nd meeting Council direction on Housing Development Standards.

The Planning Commission meeting may end no later than 11:00 P.M. Any unfinished business may be continued to a future date and time to be determined by the Commission at this meeting. The Planning Commission routinely visits the project sites listed on the agenda.

For Hearing Impaired – Call (559) 713-4900 (TTY) 48-hours in advance of the scheduled meeting time to request signing services.

Any written materials relating to an item on this agenda submitted to the Planning Commission after distribution of the agenda packet are available for public inspection in the City Office, 315 E. Acequia Visalia, CA 93291, during normal business hours.
293
Planning Commission Agenda, Monday, August 8, 2022
3 APPEAL PROCEDURE
THE LAST DAY TO FILE AN APPEAL IS THURSDAY, AUGUST 18, 2022, BEFORE 5 PM According to the City of Visalia Zoning Ordinance Section 17.02.145 and Subdivision Ordinance Section

16.04.040, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal form with applicable fees shall be filed with the City Clerk at 220 N. Santa Fe, Visalia, CA 93291. The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record. The appeal form can be found on the city’s website www.visalia.city or from the City Clerk.

THE NEXT REGULAR MEETING WILL BE HELD ON MONDAY, AUGUST 22, 2022 294

REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: August 8, 2022 (continued from July 25, 2022) PROJECT PLANNER: Brandon Smith, Principal Planner
Phone No.: (559) 713-4636
Email: [email protected]
SUBJECT: General Plan Amendment No. 2021-03: A request to amend the General Plan land use designations on two parcels totaling 50 acres, resulting in the removal of a Residential Very Low Density land use designation, addition to a Low Density Residential land use designation, and establishment of a Parks/Recreation land use designation.

Change of Zone No. 2021-04: A request to change the zoning on one parcel totaling 10 acres, resulting in the removal of a R-1-20 (Single-family Residential 20,000 square foot minimum lot area) zone designation, addition to a R-1-5 (Single-family Residential 5,000 square foot minimum lot area) zone designation, and establishment of a QP (Quasi-Public) zone designation.

Shepherds Ranch I Tentative Subdivision Map No. 5581: A request to subdivide 10 acres into a 41-lot single-family residential subdivision with two out lots for landscaping, lighting, and park purposes.

Tentative Parcel Map No. 2022-03: A request to subdivide 40 acres into three parcels for phasing and financing purposes.

Annexation No. 2022-04: A request to annex approximately 40 acres into the city limits of Visalia. Upon annexation, the area would be zoned R-1-5 (Single-family Residential 5,000 square foot minimum lot area) and QP (Quasi-Public) zone designations, consistent with the General Plan Land Use Designation of Residential Low Density and Parks/Recreation.

Location: The project site consists of two parcels located between Shirk Street and Road 88, 300 feet south of W. Pershing Court. (APN: 081-030-046, 080)

STAFF RECOMMENDATION
General Plan Amendment No. 2021-03 and Change of Zone No. 2021-04: Staff recommends that the Planning Commission recommend that the City Council approve these entitlements, based on the findings in Resolution Nos. 2021-35 and 2021-36, respectively. Staff’s recommendation is based on the conclusion that the requests are consistent with the Visalia General Plan and Zoning Ordinance.

Shepherds Ranch I Tentative Subdivision Map No. 5581: Staff recommends that the Planning Commission approve the subdivision, as conditioned, based on the findings and conditions in Resolution No. 2021-37. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan, Zoning and Subdivision Ordinances. 295
Shepherds Ranch II Tentative Subdivision Map No. 5589, Tentative Parcel Map No. 2022- 03, and Annexation No. 2022-04: Staff recommends that the Planning Commission continue these items indefinitely. At the time that these entitlements are ready for consideration, new public noticing will be conducted.

RECOMMENDED MOTION
I move to recommend approval of General Plan Amendment No. 2021-03 and Change of Zone No. 2021-04, based on the findings in Resolution Nos. 2021-35 and 2021-36.

I move to approve Shepherds Ranch I Tentative Subdivision Map No. 5581, based on the findings and conditions in Resolution No. 2021-37.

CONTINUATION OF SHEPHERDS RANCH II ENTITLEMENTS TO A DATE

UNCERTAIN
On July 25, 2022, staff provided a memo to the Planning Commission requesting a continuation of entitlements related to the Shepherds Ranch project to August 8, 2022. The continuation was requested based on the City being informed of the ruling of the Superior Court of the State of California, County of Tulare, which invalidated 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 (EIR). GPA No. 2021-01 would have amended General Plan Land Use Policy No. LU-P-34 to remove the requirement to establish an agricultural mitigation program (AMP) to address conversion of Prime Farmland and Farmland of Statewide Importance in Urban Development Boundary Tiers II and III. The ruling has the immediate impact of suspending pending development entitlements for properties in Growth Tier II, including the Shepherds Ranch II project since the portion of the project is located within Tier II and on property that is considered Prime Farmland.

Therefore, staff recommends that the three entitlements that would facilitate development of the Shepherds Ranch II site be continued until a later time, to be determined, after the City takes all appropriate follow-up action to ensure development in Tier II areas can proceed without legal implications.

The subject site of Shepherds Ranch I and Change of Zone No. 2021-04 is in Urban Development Boundary Tier I and is not impacted by the AMP requirement or the related ruling.

Therefore, consideration of these entitlements can proceed.

General Plan Amendment No. 2021-03 relates to two properties located in Growth Tiers I and II.

Although the above referenced ruling impacts development entitlements in Tier II, the proposed amendment to the property’s land use designation is not affected since it does not directly facilitate land development. The site must first be annexed before development could proceed.

The City concludes that the GPA as it pertains to both properties can and should move forward for consideration since the applicant’s and property owner’s long-term desire is to have one unified development across the two properties with a linear park functioning as a buffer between Road 88 (i.e., Clancy St.) and Shirk Street, as demonstrated in Exhibit “A”. The review and approval of the previously submitted items, Shepherds Ranch II Tentative Subdivision Map No. 5589, Tentative Parcel Map No. 2022-03, and Annexation No. 2022-04, relied in part on GPA No. 2021-01. Due to the court decision invalidating GPA No. 2021-01, the environmental review necessary for the three previously listed actions will need to be reviewed and potentially modified before the City can make a decision on those matters. 296

PROJECT DESCRIPTION OF SHEPHERDS RANCH I AND GPA/COZ
Project applicant D.R. Horton has filed entitlement applications for Shepherds Ranch I (the eastern portion of the development plan shown in Exhibit “A” and Figure 1 below) to allow for the subdivision and development of 41 single-family homes and a 0.96-acre linear park (see conceptual exhibit included as Exhibit “B”) on 10 acres, and changes to land use and zoning designations to facilitate these uses. The future subdivision of the 40 acres into 200 lots, located to the west of Shepherds Ranch I, is referred to as Shepherds Ranch II and is not being considered for approval at this time.

The Project is located approximately 300 feet south of the intersection of Shirk Street and Pershing Court, situated on the west side of Shirk Street (an arterial roadway). The Shepherds Ranch I site is within the city limits and within Urban Development Boundary Tier I. The Shepherds Ranch II site that is currently outside the city limits is in Urban Development Boundary Tier II and will require annexation in tandem with the subdivision map.

General Plan Amendment No. 2021-03 and Change of Zone No. 2021-04 have been requested by the applicant to facilitate a uniform residential land use designation together with a park designation on the sites containing Shepherds Ranch I and II. These properties currently have a land use designation of Residential Very Low Density (corresponding to a zone designation of Single-family Residential, 20,000 square foot minimum lot size or R-1-20) on approximately 18.8 acres along its north and west sides, which abut existing Industrial and Light Industrial land use designations (see Exhibits “F” and “G”). The remaining 32.0 acres of the property currently have a land use designation of Residential Low Density (corresponding to a zone designation of Single-family Residential, 5,000 square foot minimum lot size or R-1-5).

The changes in designation will eliminate the Residential Very Low Density Designation, increase the Residential Low Density Designation to 47.2 acres, and establish a 3.6 acre Parks/Recreation designation along the north side of the site adjacent to existing industrial land uses (see Exhibits “H” and “I”).

Shepherds Ranch I Tentative Subdivision Map No. 5581 (see Exhibit “C”) will divide the 10- acre parcel into 41 residential lots and two outlots that will be maintained by a city landscape and lighting district. Proposed Outlot A will provide a 10-foot wide landscape setback and block Figure 1: Shepherds Ranch subdivision layout
297
wall between Shirk Street and the residential lots, and proposed Outlot B will be a 51-foot deep

0.96-acre lot that constitutes a portion of the greater linear park spanning between the two subdivisions. Access will be obtained through a new public local street (Allen or Osses Avenue) that will also provide a connection to the Shepherds Ranch II subdivision to the west. The residential lots will utilize standard R-1-5 zone lot and setback criteria, with standard lot sizes ranging between 5,482 to 6,247 square feet and knuckle lots being as large as 13,648 square feet. The subdivision density excluding the planned park area will be 4.39 units / gross acre.

As part of the subdivision improvements, Shirk Street will have right-of-way dedication and street widening and frontage improvements. The project will extend sewer lines, storm drainage, and other public infrastructure, utilities, and services (i.e., electricity, gas, and water) to serve the proposed residential lots. The linear park will include construction of a seven-foot concrete masonry wall along the entire north property line adjacent to industrial uses.

BACKGROUND INFORMATION
Existing General Plan Land Use
Designation:

Residential Very Low Density, Residential Low Density
Proposed General Plan Land Use
Designation:

Residential Low Density, Parks / Recreation
Existing Zoning Designation: R-1-5 (Single-family Residential, 5,000 square foot minimum lot size), R-1-20 (Single-family Residential,
20,000 square foot minimum lot size)
Proposed Zoning Designation: R-1-5 (Single-family Residential, 5,000 square foot minimum lot size), QP (Quasi-Public)
Surrounding Zoning and Land Use: North: Light Industrial / Shops & warehouses, outdoor building material storage
South: Residential Very Low Density, Residential
Low Density, Parks-Recreation,
Neighborhood Commercial / Orchards
East: Residential Very Low Density, Residential
Low Density / Rural residences, vacant
West: Industrial / Row crops
Environmental Review: Initial Study / Mitigated Negative Declaration No. 2021-33, State Clearinghouse #2022060683
Special Districts: None
Site Plan Review: No. 2021-017 (Shepherds Ranch I); No. 2021-229 (Shepherds Ranch II)

RELATED PLANS & POLICIES
Please see attached summary of related plans and policies.

RELATED PROJECTS
None.

PROJECT EVALUATION
Staff supports the General Plan Amendment and Change of Zone based on the project’s consistency with the Land Use Element of the General Plan. Specifically, these entitlements will 298
facilitate an alternative land use plan on the overall 50-acre site that will still provide for residential housing that incorporates a greater separation and protection from an existing light industrial zoning designation and land uses to the north, while also conforming with the surrounding residential neighborhoods to the south and east.

Furthermore, staff recommends approval of the tentative subdivision map associated with Shepherds Ranch I, based on its consistency with the Land Use Element of the General Plan, the Zoning Ordinance, and the Subdivision Ordinance as it pertains to these entitlements.

General Plan Land Use and Zoning Designation Consistency The proposed residential subdivision requires amending the City of Visalia General Plan land use and zoning designations in order to accommodate the subdivision’s design pattern and lot pattern consisting of a minimum lot size of 5,000 square feet.

The existing General Plan land use map shows a Residential Very Low Density designation (i.e., 0.1 to 2 dwelling units / gross acre) on the north and west sides of the property, at a depth of approximately 240 feet. The designation is intended to serve as a buffer from the Light Industrial designation to the north and the Industrial designation to the west, wherein residences would be permitted at a lesser density and plotted in a manner that provides an increased setback between industrial and residential structures.

The proposed General Plan land use map replaces the Residential Very Low Density designation with a Parks / Recreation designation that is intended to facilitate a linear park that will serve as a buffer, according to the proposed tentative subdivision maps. The linear park will ultimately range in depth from 41 to 138 feet in depth; however, the total separation between the north property line abutting the Light Industrial designation and any residential lot’s property line will range between 101 and 138 feet with the inclusion of a 60-foot wide local street in some portions of the buffer. The Shepherds Ranch I site will have a 111-foot buffer consisting of a 51- foot deep park site and a 60-foot wide local street.

As shown in Exhibit “B”, the entire linear park will contain trees, landscaping, irrigation, and a ½- mile trail extending the entire width from Shirk to Road 88 (i.e., Clancy St.). Playground equipment (tot lot) and a picnic area are also identified in the linear park, and a seven-foot tall block wall will be placed along the abutting north property line.

To the west adjacent to the Industrial designation, according to Exhibit “A”, the total separation between industrial and residential properties will be 94 feet, comprised of the 88-foot ultimate right-of-way width for Road 88 (i.e., Clancy St.) and a 10-foot landscape lot (Outlots A and B) between the road and the residential lots. A 6-ft., 8-in. concrete masonry unit block wall is included within Outlots A and B. It should be noted that the Industrial designated land to the west, located in Growth Tier I, is currently undeveloped and first requires annexation to the City limits.

The Visalia General Plan identifies Objective LU-O-34 to “ensure compatibility between industrial lands and adjacent dissimilar land uses”. The incorporation of buffering between industrial and residential land uses is further directed by the General Plan in the following Policy LU-P-103:
299
Require buffering land uses adjacent to existing or planned residential areas adjacent to industrial designations. Such uses may include parks, drainage ponds, open space, or other such uses.

The removal of the Residential Very Low Density (RVLD) designation at this location is not inconsistent with any mandate or guiding principle in the General Plan. Land located east of the project area (i.e., between Shirk and Akers) contains several hundred acres of RVLD land use designations developed with rural residential homesites. Conversely, RVLD land located west of Shirk, which is currently undeveloped, is only positioned adjacent to industrial land use designations. The RVLD designation is also used at the edges of neighborhoods to provide a more gentle transition to rural uses and surrounding agricultural areas, particularly around the perimeter of Visalia’s Urban Growth Boundary, Tier III, in keeping with the following Policy LUP-54:

An existing residential tract immediately to the south of the Shepherds Ranch I subdivision site is developed to rural residential lot standards with approximately ¾-acre lots; however, the Visalia General Plan also designates this area as Residential Low Density. Lots from that subdivision that will abut the existing residential tract to the south will have a greater depth, measuring approximately 124 feet, than the other lots in the subdivision which will range from 107 to 111 feet. The applicant has provided a lot fit analysis exhibit, included as Exhibit “K”, that demonstrates the potential setbacks that would be maintained. This analysis shows the house plans that would be able to fit on the lots and their rear yard setbacks, provided the house is moved as close to the front as possible. Based on the 124-foot lot depth, most lots facing the south (i.e. Lots 8 through 16) would have a minimum setback of approximately 49 feet.

Overall, the proposed subdivision is compatible with existing residential and industrial development surrounding the site. The project is consistent with Land Use Policy LU-P-19, which states “ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.” Shirk Street Improvements and Local Street Connectivity The developer of the subdivision will be required to construct major street improvements along Shirk Street. Improvements along the subdivision frontage include improving Shirk Street to its ultimate right-of-way design, excepting a raised median due to constrained right-of-way width south of the property towards Highway 198.

Shirk Street is a designated 110-foot wide arterial street. Shirk Street is currently improved with one southbound and one northbound lane, with partial street frontage improvements on the east side. Improvements along the right of way within the boundaries of the subdivision map include improving the street to its full width on the west side, which requires an approximately 35-foot wide dedication. Full improvements will include a sidewalk, parkway with streetlights, curb, gutter, parking lane, Class II bike lane, two travel lanes, and landscaping. The landscaping frontage is required to be dedicated as part of a Landscape and Lighting District which will be formed with the Shepherds Ranch I subdivision map. The Landscape and Lighting District lots
300
are identified as Outlot “A” on the map (see Exhibit “C”). The establishment of the district provides maintenance of the landscape lots, block walls, street pavement and street lighting.

Also, as noted in the Engineering Division’s Site Plan Review comments, all new utilities that will service the residential subdivision will be placed underground.

A separate capital improvement project (CIP) is planned for the widening of Shirk Street to four lanes between School Avenue (1/4-mile north of State Highway 198) and Riggin Avenue. This project will include buildout of the east side of Shirk immediately east of Shepherds Ranch I, which will require an approximately 35-foot wide dedication along the east side of Shirk. It will also include the installation of a two-way left turn lane for the street segment adjacent to the subdivision, which allows for full turning movements. The project is tentatively scheduled to commence Summer 2023, to be proceeded by the installation of a sewer trunk line in Fall 2022 that is anticipated to take between six to eight months.

South of the Shepherds Ranch subdivision, the Shirk widening project will consist of four lanes without a center turn lane, in order to avoid right-of-way dedication from property owners located in the County on the west side of Shirk. In the future when the west side of Shirk south of the project is annexed and developed, a raised median will be installed throughout Shirk that may restrict certain turning movements at local street intersections, including at Shepherds Ranch.

Instead of full turning movements, some access will be limited to right-in / right-out. In some cases, a left-in may occur. These are yet to be determined but will follow the City of Visalia standards and super block connectivity.

Local Street Connectivity: The proposed subdivision will incorporate a local street connection to future residential development to the west for the future Shepherds Ranch II subdivision.

Traffic Impact Study
A Traffic Impact Study (TIS) was prepared for the proposed project (ref.: Iron Ridge Residential Development Traffic Impact Study. VRPA Technologies, Inc., June 27, 2022). The purpose of the study is to analyze traffic conditions related to the development of the subdivision and its projected level of service (LOS) at opening year and at five-year increments, and the corresponding environmental impact as required by the California Environmental Quality Act (CEQA).

The TIS identified four intersections in the project vicinity that would experience unacceptable LOS in the long term.

Specifically, the intersections of Shirk and Hillsdale, and Shirk and School are forecasted to operate at unacceptable levels under the existing (a.m. only) and opening year scenarios; however, these intersections do not meet traffic signal warrants because the local streets do not carry enough traffic to justify signalization. The future planned widening of Shirk Street will assist in improving traffic flow and safety.

The intersection of Shirk Street and the State Route 198 Eastbound ramp are forecasted to operate at unacceptable levels under the opening year scenario and at 5-year horizons. The intersection of Shirk Street and the State Route 198 Westbound ramp is currently operating at unacceptable levels, even without the project. Per discussions with Caltrans, a signalization improvement project is currently being planned, while an entire reconstruction of the interchange is planned in the long term (i.e., over 10 years out). The TIS and the environmental study’s mitigation measures therefore recommend that the project contribute to the City’s traffic impact fee program, which will directly or indirectly contribute to the intersection improvements.

A Vehicle Miles Traveled (VMT) analysis was also conducted by comparing the project’s expected VMT per capita to regional averages. Since the study concluded that the project’s 301
VMT will be 32.8% less than the regional average, meeting the 16% level of significance threshold, the impacts to VMT are concluded to be less than significant.

Acoustical Analysis
An Acoustical Analysis was prepared for the proposed project (ref.: Environmental Noise & Vibration Assessment, Iron Ridge Development I & II. Bollard Acoustical Consultants, March 29, 2022). The purpose of the study is to determine the proposed project’s noise generating impacts pertaining to construction and additional traffic generation, and the corresponding environmental impact as required by the California Environmental Quality Act (CEQA).

In addition, the study was also to determine if existing noise levels associated with the adjacent industrial operations to the north would comply with the City’s applicable noise level standards upon the proposed single-family residential uses. However, CEQA does not require an analysis of off-site impacts on the project itself.

The analysis concluded that an exterior noise level in excess of the daytime and nighttime noise level standards of 50 dB Leq/L50 and 45 dB Leq/L50, specified in the City’s Noise Element, exists on the project site. The study identified one current noise generator in the industrial park, identified on a map (i.e., Figure 5) within the acoustical analysis, that attributed to exceeding the noise level requirements at the recording source. The noise level would be 58 dB at the property line of the nearest single-family residence proposed within the development, not accounting for the addition of a 7-foot tall concrete wall as required by the City Zoning Ordinance. To ensure that residents within the subdivision are familiar with the excess of City standards for noise, the developer will be required to record a covenant on all lots to disclose noise exposure from the stationary industrial equipment adjacent to the project site. This requirement is addressed as Condition No. 7 of the tentative subdivision map.

An additional mitigation measure is included within the project’s environmental review for CEQA purposes, supported by the acoustical analysis, to address impacts from construction activities.

An additional condition of approval (i.e., Condition No. 12) is being recommended to address the interior noise levels standards based on future traffic noise along Shirk Street, supported by the acoustical analysis. To satisfy the 45 dB DNL interior noise level standard, taking into consideration the inclusion of a factor of safety, second-story windows of residences that have a view of (i.e., front onto) Shirk Street shall be upgraded to have a STC rating of 32.

Development Standards
The proposed subdivision’s lots will utilize standard single-family residential standards for lot size and setbacks. The lots will be required to meet R-1-5 zone setback standards, including a 15-foot setback to living space, a 22-foot setback to a front-loading garage, a 5-foot setback to an interior side property line, a 10-foot setback to a street side property line, and a 20 to 25-foot setback to rear property lines.

All lots will have lot depths ranging from approximately 107 feet to 124 feet, excepting lots located on cul-de-sac or knuckle street bulbs that account for approximately 14% of the total lot count (i.e., approximately 6 lots). These lots will also be required to utilize standard single-family residential setback standards but are permitted to have a 20-foot setback for front-loading garages as identified in Section 17.12.080.C of the Zoning Ordinance.

Park / Open Space
The subdivision will include the construction of a linear park. The park, which will have a QuasiPublic (QP) zoning designation, is planned to be open and accessible to the public and is not planned to be walled or gated along the street frontages. In addition, the park will include a trail that will be internal to the park only and will not connect with other City trails, as there are no 302
other existing or planned trails in the vicinity. The park will not have on-site parking, though onstreet parking will be available on the entire north side of the adjoining street. The park will be maintained by a Landscaping and Lighting District assessment similar to pocket parks in other subdivisions, despite the fact that the total park area (one acre within Shepherds Ranch I and over three acres overall) would be significantly larger than most pocket park sizes (generally 0.5 to 2 acres).

Landscape and Lighting District and Block Walls
A Landscaping and Lighting District (LLD) will be required for the long-term maintenance of the out lot, including the linear park, which include blocks walls, streetlights, landscaping, and all park amenities as noted on Exhibit “C”.

The block walls along street frontages will be typical City standard block walls. The subdivision map block wall heights will be reduced to three feet where the block wall runs adjacent to the front yard setback areas. The three-foot transition areas are applicable for the corner residential lots within the subdivision. Staff has included Map Condition No. 5 in the map to require the stepped down walls.

Subdivision Map Act Findings
California Government Code Section 66474 lists seven findings for which a legislative body of a city or county shall deny approval of a tentative map if it is able to make any of these findings.

These seven “negative” findings have come to light through a recent California Court of Appeal decision (Spring Valley Association v. City of Victorville) that has clarified the scope of findings that a city or county must make when approving a tentative map under the California Subdivision Map Act.

Staff has reviewed the seven findings for a cause of denial and finds that all of the findings can be made for approving the project. The seven findings and staff’s analysis are below.

Recommended finings in response to this Government Code section are included in the recommended findings for the approval of the tentative subdivision map.

GC Section 66474 Finding Analysis
(a) That the proposed map is not
consistent with applicable general and
specific plans as specified in Section
65451.

The proposed maps have been found to be
consistent with the City’s General Plan. This is
included as recommended Finding No. 1 of the
Tentative Subdivision Map. There are no specific
plans applicable to the proposed map.
(b) That the design or improvement of the
proposed subdivision is not consistent
with applicable general and specific
plans.

The proposed design and improvement of the map
has been found to be consistent with the City’s
General Plan. This is included as recommended
Finding No. 1 of the Tentative Subdivision Map.

There are no specific plans applicable to the
proposed map.
(c) That the site is not physically
suitable for the type of development.

The site is physically suitable for the proposed map
and its affiliated development plan, which is
designated as Low Density Residential and
developed at a density of 4.39 units per acre. This
is included as recommended Finding No. 3 of the
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Tentative Subdivision Map.
(d) That the site is not physically
suitable for the proposed density of
development.

The site is physically suitable for the proposed map
and its affiliated development plan, subject to City
Council approval of the General Plan and Change
of Zone, for the proposed Low Density Residential
land use designation. This is included as
recommended Finding No. 4 of the Tentative
Subdivision Map.
(e) That the design of the subdivision or
the proposed improvements are likely to
cause substantial environmental damage or
substantially and avoidably injure fish
or wildlife or their habitat.

The proposed design and improvement of the map
has not been found likely to cause environmental
damage or substantially and avoidable injure fish
or wildlife or their habitat. This finding is further
supported by the project’s determination of no new
effects under the Guidelines for the Implementation
of the California Environmental Quality Act
(CEQA), included as recommended Finding No. 6
of the Tentative Subdivision Map.
(f) That the design of the subdivision or
type of improvements is likely to cause
serious public health problems.

The proposed design of the map has been found to
not cause serious public health problems. This is
included as recommended Finding No. 2 of the
Tentative Subdivision Map.
(g) That the design of the subdivision or
the type of improvements will conflict
with easements, acquired by the public at
large, for access through or use of,
property within the proposed subdivision.

The proposed design of the map does not conflict
with any existing or proposed easements located
on or adjacent to the subject property. This is
included as recommended Finding No. 5 of the
Tentative Subdivision Map.

Environmental Review
An Initial Study and Mitigated Negative Declaration were prepared for the proposed project.

Initial Study and Mitigated Negative Declaration No. 2021-33 disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts to the following resources:
• Eight (8) mitigation measures pertaining to Biological Resources to reduce impacts of the Project to special-status wildlife species (i.e., Swainson's Hawk, San Joaquin Kit Fox, Western Burrowing Owl).
• Two (2) mitigation measures pertaining to Cultural Resources to reduce the impacts of the Project on the potential of exposing historical or archaeological materials during construction.
• One (1) mitigation measure pertaining to submittal of plans for storm water pollution and pollutant discharge to reduce impacts to Soil Erosion or the loss of topsoil at the Project site.
• Two (2) mitigation measures pertaining to Noise to reduce the impacts of the Project related to construction noise and existing nearby industrial uses. • One (1) mitigation measure pertaining to payment of transportation impact fees to reduce impacts to Traffic at the Project site.

One mitigation measure will result in an impact to future residential property owners within the 304
project, wherein covenants will be recorded on all lots to disclose noise exposure from stationary industrial equipment adjacent to the Project site. With the mitigation incorporated into the project, staff concludes that Initial Study and Mitigated Negative Declaration No. 2021-33 adequately analyzes and addresses the portions of the proposed project described in this report that are being sought for approval and reduces environmental impacts to a less than significant level. As noted above the environmental review for several portions of the development project will need to be reviewed based on the invalidation of GPA 2021-01 prior to those portions of the project being considered for approval.

RECOMMENDED FINDINGS
General Plan Amendment

2. That the proposed General Plan Amendment changing 18.8 acres of Residential Very Low Density designation to 15.7 acres of Residential Low Density designation and 3.1 acres of Parks / Recreation will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

Change of Zone

3. That the Change of Zone will help facilitate additional residential units within the Tier 1 Urban Development Boundary. The proposed subdivision is compatible with the adjacent residential uses.

4. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2021-33, is hereby adopted. Furthermore, the design of the subdivision and 305
the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

Shepherds Ranch I Tentative Subdivision Map No. 5581

1. That the proposed location and layout of the Shepherds Ranch I Tentative Subdivision Map No. 5581, its improvement and design, and the conditions under which it will be maintained, is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance. The 10-acre project site, which is the site of the proposed 41 lot single-family residential subdivision, is consistent with Land Use Policy LU-P-19 of the General Plan. Policy LU-P-19 states “ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.”

2. That the proposed Shepherds Ranch I Tentative Subdivision Map No. 5581, its improvement and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems. The proposed tentative subdivision map will be compatible with adjacent light industrial land uses based on the inclusion of improvements to the north that include a linear park and sound wall. The project site is bordered by existing residential development to the east and south.

3. That the site is physically suitable for the proposed tentative subdivision map. The project is consistent with the intent of the General Plan and Zoning Ordinance and Subdivision Ordinance, and is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project site is adjacent to land zoned for residential development, and the subdivision itself is designated as Low Density Residential and developed at a density of 4.39 units per acre, excluding the linear park.

4. That the site is physically suitable for the proposed tentative subdivision map and the project’s density, which is consistent with the proposed Low Density Residential General Plan Land Use Designation and is being developed at a density of 4.39 units per acre. The design of the proposed subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The 41-lot subdivision is designed to comply with the City’s Engineering Improvement Standards. Areas of dedication will be obtained as part of the tentative map recording for new street improvements, including the construction of curb, gutter, curb return, sidewalk, parkway landscaping, and pavement.

5. That the design of the proposed subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The 41-lot subdivision is designed to comply with the City’s Engineering Improvement Standards. Areas of dedication will be obtained as part of the tentative map recording.

6. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2021-33, is hereby adopted. Furthermore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

RECOMMENDED CONDITIONS
Shepherds Ranch I Tentative Subdivision Map No. 5581
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1. That the Project (Shepherds Ranch I Tentative Subdivision Map # 5581) be developed in substantial compliance with the comments and conditions of the Site Plan Review Committee as set forth under Site Plan Review No. 2021-017, incorporated herein by reference.

2. That the Project be prepared in substantial compliance with the subdivision map as Exhibit “C”.

3. That the Project incorporate a linear park and 7-foot tall wall in Outlot B of the Shepherds Ranch I Tentative Subdivision Map #5581 as depicted in Exhibit “B” that contains trees, landscaping, irrigation, and trail improvements. A permit application for the improvement plans for the park and wall shall be submitted to the City prior to the issuance of the first building permit for a dwelling unit within the subdivision, and the permit application shall be issued and installation of improvements shall commence prior to the final of the first building permit for a dwelling unit within the subdivision.

4. That all lots that are a minimum of 5,000 square feet in area and shall comply with the R-1-5 (Single-Family Residential 5,000 sq. ft. min. site area) zone district standards for the front, side, street side yard, and rear yard setbacks.

5. That the block walls located within the landscape and lighting district Outlot A shall transition to three-foot height adjacent to the street side yard setbacks for Lot 23 of Exhibit “C”.

6. That a concrete block or masonry wall shall be erected and/or improved along the north property line of the Project that is shared with adjacent Light Industrial-designated land uses to a height not less than seven (7) feet.

7. That the mitigation measures found within the Mitigation Monitoring Plan for Mitigated Negative Declaration No. 2021-33 are hereby incorporated as conditions of the Shepherds Ranch I Tentative Subdivision Map # 5581, including but not limited to:
• Prior to final map recordation, the Developer shall record a covenant on all lots to disclose noise exposure from the stationary industrial equipment adjacent to the Project site. The covenant will ensure future residential property owners are notified of the potential noise impacts as follows:
“Property owner(s) of lots within the Shepherds Ranch I / Shepherds Ranch II Project are hereby notified that noise levels from adjacent industrial operations may exceed the City of Visalia 2030 General Plan and Municipal Code daytime and nighttime noise level standards of 50 dB Leq/L50 and 45 dB Leq/L50, respectively.”

8. That the Project be null and void unless General Plan Amendment No. 2021-03 and Change of Zone No. 2021-04 are approved by the City of Visalia.

9. That prior to the issuance of any residential building permit on the site, the applicant / developer shall obtain and provide the City with a valid Will Serve Letter from the California Water Service Company.

10.That the Project shall have its final map recorded (or, if the project is being developed in multiple phases, all final maps associated with the project recorded) prior to the final map recording of any phase of the Shepherds Ranch II Tentative Subdivision Map #5589.

11.That in the event in which a secondary temporary access point is necessary for the subdivision due to requirements by the Visalia Fire Department, such temporary access shall be located on Lot 19 by the extension of Grove Avenue to Shirk Street (as shown on Exhibit “C”) and shall be removed upon completion of the westerly street connection of Allen Avenue (as shown on Exhibit “C”) to Road 88.
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12.That any second-story windows of residences on lots that front onto Shirk Street (Lots 18 thorough 23 of the map shown on Exhibit “C”) shall be upgraded to have a STC rating of 32.

13.That all applicable federal, state, regional, and city policies and ordinances be met.

APPEAL INFORMATION
General Plan Amendment, Change of Zone
For the General Plan Amendment and Change of Zone, the Planning Commission’s recommendations on these matters are advisory only. The final decisions will be by the Visalia City Council following a public hearing. Therefore, the Planning Commission’s recommendations in these matters are not appealable.

Shepherds Ranch I Tentative Subdivision Map
According to the City of Visalia Subdivision Ordinance Section 16.28.080, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 North Santa Fe St., Visalia, CA 93292. The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record. The appeal form can be found on the City’s website www.visalia.city or from the City Clerk.

Attachments:
• Related Plans and Policies
• Resolution No. 2021-35 – General Plan Amendment No. 2021-03 • Resolution No. 2021-36 – Change of Zone No. 2021-04
• Resolution No. 2021-37 – Shepherds Ranch I Tentative Subdivision Map #5581 • Exhibit "A" – Overall Development Plan
• Exhibit “B” – Linear Park Conceptual Exhibit
• Exhibit “C” – Subdivision Map: Shepherds Ranch I
• Exhibit “D” – not used
• Exhibit “E” – not used
• Exhibit “F” – Existing General Plan land use designation map • Exhibit “G” – Existing zoning designation map
• Exhibit “H” – Proposed General Plan land use designation map • Exhibit “I” – Proposed zoning designation map
• Exhibit “J” – Project Description
• Exhibit “K” – Lot Fit Analysis Exhibit
• Initial Study / Mitigated Negative Declaration [Appendices included as electronic attachments: Air Quality/GHG, Biological, Cultural Resources, Noise / Acoustical Analysis, Traffic Impact Study]
• Site Plan Review Item No. 2021-017 Comments
• Site Plan Review Item No. 2021-229 Comments
• General Plan Land Use Map
• Zoning Map
• Aerial Map
• Location Map
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RELATED PLANS AND POLICIES
General Plan and Zoning: The following General Plan and Zoning Ordinance policies apply to the proposed project:

General Plan Land Use Objectives / Policies:

LU-P-19: Ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy. The General Plan Land Use Diagram establishes three growth rings to accommodate estimated City population for the years 2020 and 2030. The Urban Development Boundary I (UDB I) shares its boundaries with the 2012 city limits. The Urban Development Boundary II (UDB II) defines the urbanizable area within which a full range of urban services will need to be extended in the first phase of anticipated growth with a target buildout population of 178,000. The Urban Growth Boundary (UGB) defines full buildout of the General Plan with a target buildout population of 210,000. Each growth ring enables the City to expand in all four quadrants, reinforcing a concentric growth pattern.

LU-P-21: Allow annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) and the Urban Growth Boundary (Tier III) consistent with the City’s Land Use Diagram, according to the following phasing thresholds: • “Tier II”: Tier II supports a target buildout population of approximately 178,000. The expansion criteria for land in Tier II is that land would only become available for development when building permits have been issued in Tier I at the following levels, starting from April 1, 2010:

Residential: after permits for 5,850 housing units have been issued.

LU-P-54: Update the Zoning Ordinance to reflect the Very Low Density Residential designation on the Land Use Diagram and create opportunities for residential dwellings at 0.1 to 2 units per gross acre, providing for single-family detached housing on large lots and a rural residential transition to surrounding agricultural areas.

LU-P-55: Update the Zoning Ordinance to reflect the Low Density Residential designation on the Land Use Diagram for development at 2 to 10 dwelling units per gross acre, facilitating new planned neighborhoods and infill development in established areas. This designation is intended to provide for single-family detached housing with densities typical of single-family subdivisions. Duplex units, townhouses, and small-lot detached housing may be incorporated as part of Low Density Residential developments. Development standards will ensure that a desirable single-family neighborhood character is maintained.

LU-O-34 Ensure compatibility between industrial lands and adjacent dissimilar land uses.

LU-P-103 Require buffering land uses adjacent to existing or planned residential areas adjacent to industrial designations. Such uses may include parks, drainage ponds, open space, or other such uses.

Zoning Ordinance Chapter for R-1 Zone
Chapter 17.12
R-1 SINGLE-FAMILY RESIDENTIAL ZONE

17.12.010 Purpose and intent.

In the R-1 single-family residential zones (R-1-5, R-1-12.5, and R-1-20), the purpose and intent is to provide living area within the city where development is limited to low density concentrations of one309 family dwellings where regulations are designed to accomplish the following: to promote and encourage a suitable environment for family life; to provide space for community facilities needed to compliment urban residential areas and for institutions that require a residential environment; to minimize traffic congestion and to avoid an overload of utilities designed to service only low density residential use.

17.12.015 Applicability.

The requirements in this chapter shall apply to all property within R-1 zone districts.

17.12.050 Site area.

The minimum site area shall be as follows:

Zone Minimum Site Area
R-1-5 5,000 square feet
R-1-12.5 12,500 square feet
R-1-20 20,000 square feet
A. Each site shall have not less than forty (40) feet of frontage on the public street. The minimum width shall be as follows:

Zone Interior Lot Corner Lot
R-1-5 50 feet 60 feet
R-1-12.5 90 feet 100 feet
R-1-20 100 feet 110 feet
B. Minimum width for corner lot on a side on cul-de-sac shall be eighty (80) feet, when there is no landscape lot between the corner lot and the right of way.

17.12.060 One dwelling unit per site.

In the R-1 single-family residential zone, not more than one dwelling unit shall be located on each site, with the exception to Section 17.12.020(J).

17.12.080 Front yard.

A. The minimum front yard shall be as follows:

Zone Minimum Front Yard
R-1-5 Fifteen (15) feet for living space and side-loading garages and twenty-two (22) feet for front-loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cochere. A Porte Cochere with less than twenty-two (22) feet of setback from property line shall not be counted as covered parking, and garages on such sites shall not be the subject of a garage conversion.

R-1-12.5 Thirty (30) feet
R-1-20 Thirty-five (35) feet
B. On a site situated between sites improved with buildings, the minimum front yard may be the average depth of the front yards on the improved site adjoining the side lines of the site but need not exceed the minimum front yard specified above.

C. On cul-de-sac and knuckle lots with a front lot line of which all or a portion is curvilinear, the front yard setback shall be no less than fifteen (15) feet for living space and side-loading garages and twenty (20) feet for front-loading garages.

17.12.090 Side yards.

A. The minimum side yard shall be five feet in the R-1-5 and R-1-12.5 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet and twenty-two (22) feet 310
for front loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cocheres.

B. The minimum side yard shall be ten feet in the R-1-20 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than twenty (20) feet.

C. On a reversed corner lot the side yard adjoining the street shall be not less than ten feet.

D. On corner lots, all front-loading garage doors shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk.

E. Side yard requirements may be zero feet on one side of a lot if two or more consecutive lots are approved for a zero lot line development by the site plan review committee.

F. The placement of any mechanical equipment, including but not limited to, pool/spa equipment and evaporative coolers shall not be permitted in the five-foot side yard within the buildable area of the lot, or within five feet of rear/side property lines that are adjacent to the required side yard on adjoining lots.

This provision shall not apply to street side yards on corner lots, nor shall it prohibit the surface mounting of utility meters and/or the placement of fixtures and utility lines as approved by the building and planning divisions.

17.12.100 Rear yard.

In the R-1 single-family residential zones, the minimum yard shall be twenty-five (25) feet, subject to the following exceptions:

A. On a corner or reverse corner lot the rear yard shall be twenty-five (25) feet on the narrow side or twenty (20) feet on the long side of the lot. The decision as to whether the short side or long side is used as the rear yard area shall be left to the applicant's discretion as long as a minimum area of one thousand five hundred (1,500) square feet of usable rear yard area is maintained. The remaining side yard to be a minimum of five feet.

B. Accessory structures not exceeding twelve (12) feet may be located in the required rear yard but not closer than three feet to any lot line provided that not more than twenty (20) percent of the area of the required rear yard shall be covered by structures enclosed on more than one side and not more than forty (40) percent may be covered by structures enclosed on only one side. On a reverse corner lot an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot. An accessory structure shall not be closer to a side property line adjoining key lot and not closer to a side property line adjoining the street than the required front yard on the adjoining key lot.

C. Main structures may encroach up to five feet into a required rear yard area provided that such encroachment does not exceed one story and that a usable, open, rear yard area of at least one thousand five hundred (1,500) square feet shall be maintained. Such encroachment and rear yard area shall be approved by the city planner prior to issuing building permits.

17.12.110 Height of structures.

In the R-1 single-family residential zone, the maximum height of a permitted use shall be thirty-five (35) feet, with the exception of structures specified in Section 17.12.100(B).

17.12.120 Off-street parking.

In the R-1 single-family residential zone, subject to the provisions of Chapter 17.34.

17.12.130 Fences, walls and hedges.

In the R-1 single-family residential zone, fences, walls and hedges are subject to the provisions of Section 17.36.030.
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RESOLUTION NO. 2021-35

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF VISALIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 2021-03: A REQUEST TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS ON TWO PARCELS TOTALING 50 ACRES, RESULTING IN

THE REMOVAL OF A RESIDENTIAL VERY LOW DENSITY LAND USE

DESIGNATION, ADDITION TO A LOW DENSITY RESIDENTIAL LAND USE

DESIGNATION, AND ESTABLISHMENT OF A PARKS/RECREATION LAND USE DESIGNATION. THE PROJECT SITE CONSISTS OF TWO PARCELS LOCATED BETWEEN SHIRK STREET AND ROAD 88, 300 FEET SOUTH OF W. PERSHING COURT. (APN: 081-030-046, 080)
WHEREAS, General Plan Amendment No. 2021-03 is a request to amend the General Plan land use designations on two parcels totaling 50 acres, resulting in the removal of a Residential Very Low Density land use designation, addition to a Low Density Residential land use designation, and establishment of a Parks/Recreation land use designation. The project site consists of two parcels located between Shirk Street and Road 88, 300 feet south of W. Pershing Court. (APN: 081-030-046, 080); and, WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on July 25, 2022; and, WHEREAS, the Planning Commission of the City of Visalia considered General Plan Amendment No. 2021-03 to be in accordance with Section 17.54.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project with the incorporation of mitigation measures.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council adopt Mitigated Negative Declaration No. 2021-33 for General Plan Amendment No. 2021-03 that was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of General Plan Amendment No. 2021-03 based on the following specific findings and evidence presented:

2. That the proposed General Plan Amendment changing 18.8 acres of Residential Very Low Density designation to 15.7 acres of Residential Low Density designation and 3.1 acres of Parks / Recreation will not impose new land uses or development that will adversely affect the subject site or adjacent properties. 312
Resolution No. 2021-35

BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of General Plan Amendment No. 2021-03, as depicted per Exhibit “A”, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Section 17.54.070 of the Ordinance Code of the City of Visalia.
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Exhibit “A”
GENERAL PLAN AMENDMENT NO. 2021-03
Planning Commission
Resolution No. 2021-35
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Resolution No. 2021
-35
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RESOLUTION NO. 2021-36

A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF VISALIA, RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 2021-04: A REQUEST TO CHANGE THE ZONING ON ONE PARCEL TOTALING 10 ACRES, RESULTING IN THE REMOVAL OF A R-1-20 (SINGLE-FAMILY RESIDENTIAL 20,000 SQUARE FOOT MINIMUM LOT AREA) ZONE DESIGNATION, ADDITION TO A R-1-5 (SINGLE-FAMILY RESIDENTIAL 5,000 SQUARE FOOT MINIMUM LOT AREA)

ZONE DESIGNATION, AND ESTABLISHMENT OF A QP (QUASI-PUBLIC) ZONE DESIGNATION. THE PROJECT SITE CONSISTS OF ONE PARCEL LOCATED ON THE WEST SIDE OF SHIRK STREET, 300 FEET SOUTH OF W. PERSHING COURT. (APN: 081-030-046)
WHEREAS, Change of Zone No. 2021-04 is a request to change the zoning on one parcel totaling 10 acres, resulting in the removal of a R-1-20 (Single-family Residential 20,000 square foot minimum lot area) zone designation, addition to a R-1-5 (Single-family Residential 5,000 square foot minimum lot area) zone designation, and establishment of a QP (Quasi-Public) zone designation. The project site consists of one parcel located on the west side of Shirk Street, 300 feet south of W. Pershing Court. (APN: 081-030-046); and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on July 25, 2022; and WHEREAS, the Planning Commission of the City of Visalia considered Change of Zone No. 2021-04 to be in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project with the incorporation of mitigation measures.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council adopt Mitigated Negative Declaration No. 2021-33 for Change of Zone No. 2021-04 that was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of Change of Zone No. 2021-04 based on the following specific findings and evidence presented:

2. That the proposed Change of Zone changing 4.7-acres of R-1-20 (Single-family Residential, 20,000 square feet minimum lot size) zone to 1.0 acre of QP (QuasiPublic) and 3.7 acres of R-1-5 (Single-family Residential, 5,000 square feet 316
Resolution No 2021-36
minimum lot size) zone, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

3. That the Change of Zone will help facilitate additional residential units within the Tier 1 Urban Development Boundary. The proposed subdivision is compatible with the adjacent residential uses.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of Change of Zone No. 2021-04, as depicted per Exhibit “A”, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Section 17.44.070 of the Ordinance Code of the City of Visalia.
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CHANGE OF ZONE NO. 2021-04
Planning Commission
Resolution No. 2021-36
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Resolution No 2021
-36
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RESOLUTION NO 2021-37

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA APPROVING SHEPHERDS RANCH I TENTATIVE SUBDIVISION MAP NO. 5581: A REQUEST TO SUBDIVIDE 10 ACRES INTO A 41-LOT SINGLE-FAMILY

RESIDENTIAL SUBDIVISION WITH TWO OUT LOTS FOR LANDSCAPING, LIGHTING, AND PARK PURPOSES. THE PROJECT SITE CONSISTS OF ONE PARCEL LOCATED ON THE WEST SIDE OF SHIRK STREET, 300 FEET SOUTH OF W. PERSHING COURT. (APN: 081-030-046)
WHEREAS, Shepherds Ranch I Tentative Subdivision Map No. 5581 is a request to subdivide 10 acres into a 41-lot single-family residential subdivision with two out lots for landscaping, lighting, and park purposes. The project site consists of one parcel located on the west side of Shirk Street, 300 feet south of W. Pershing Court. (APN: 081-030-046); and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice held a public hearing before said Commission on July 25, 2022; and WHEREAS, the Planning Commission of the City of Visalia finds the tentative subdivision map in accordance with Chapter 16.16 of the Subdivision Ordinance of the City of Visalia, based on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project with the incorporation of mitigation measures.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby adopts Mitigated Negative Declaration No. 2021-33 for Shepherds Ranch I Tentative Subdivision Map No. 5581 that was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Visalia approves the proposed tentative subdivision map based on the following specific findings and based on the evidence presented:

1. That the proposed location and layout of the Shepherds Ranch I Tentative Subdivision Map No. 5581, its improvement and design, and the conditions under which it will be maintained, is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance. The 10-acre project site, which is the site of the proposed 41 lot single-family residential subdivision, is consistent with Land Use Policy LU-P-19 of the General Plan. Policy LU-P-19 states “ensure 320
Resolution No. 2021-37
that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.”

BE IT FURTHER RESOLVED that the Planning Commission hereby approves Shepherds Ranch I Tentative Subdivision Map No. 5581 on the real property hereinabove described in accordance with the terms of this resolution under the 321
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provisions of Section 16.16.110 of the Ordinance Code of the City of Visalia, subject to the following conditions:

2. That the Project be prepared in substantial compliance with the subdivision map as Exhibit “C”.

5. That the block walls located within the landscape and lighting district Outlot A shall transition to three-foot height adjacent to the street side yard setbacks for Lot 23 of Exhibit “C”.

6. That a concrete block or masonry wall shall be erected and/or improved along the north property line of the Project that is shared with adjacent Light Industrialdesignated land uses to a height not less than seven (7) feet.

8. That the Project be null and void unless General Plan Amendment No. 2021-03 and Change of Zone No. 2021-04 are approved by the City of Visalia. 322
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12.That any second-story windows of residences on lots that front onto Shirk Street (Lots 18 thorough 23 of the map shown on Exhibit “C”) shall be upgraded to have a STC rating of 32.

13.That all applicable federal, state, regional, and city policies and ordinances be met. 323
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EXERCISE STATION &

BENCHES

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Iron Ridge
Visalia, California

MASONRY
WALL
0 30’ 60’ 125’

EXERCISE STATION &

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TRAIL REPLACE SIDEWALK IN THE
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STREET B2 3 45 6 7 8 9 10 11 12 13 14 15 16 17 1819 20 21 22 31 30 29 28 27 26 25 24 33 34 35 36 37 38 39 40 41 LOT A 21 14 15 16 17 18
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MARCIN ESTATES
39 M 50, T.C.R.

LOT 1 19 2

STONEGATE ESTATES
41 M 80, T.C.R.

US TOWER

INDUSTRIAL PARK
39 M 89, T.C.R. PM 4664 47 PM 69, T.C.R. PM 5218 53 PM 25, T.C.R. PM 4664 47 PM 69, T.C.R.

ROAD 88, LLC
D.N. 2020-0039320 PARCEL 1 PM 1908 20 PM 09, T.C.R. PARCEL 2 PM 1908 20 PM 09, T.C.R. 1 48 OUTLOT B 23 OUTLOT A ℄ SHEET 1 OF 1 SHEPHERDS RANCH I TENTATIVE MAP N N PERSHING AVENUE WEST GROVE AVENUE WEST NICHOLAS COURT WEST HURLEY AVENUE WEST GOSHEN AVENUE ROAD 88
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ESRI Sources: Esri, HERE, Garmin, Intermap, increment P Corp., 0 500 Feet
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Project Site
Existing City General Plan
Residential Very Low Density
Residential Low Density

18.8 Acres

32.0 Acres
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Existing City Zoning
County Areas
R-1-20
R-1-5

4.7 Acres

40.5 Acres

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Parks/Recreation
Residential Low Density

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3.6 Acres
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Project Site
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Quasi-Public
R-1-5

47.2 Acres

3.6 Acres
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601 Pollasky Avenue, Suite 301 ⬥ Clovis, California 93612 ⬥ Tel (559) 449-2400 ⬥ Fax (559) 733-7821 ⬥ www.qkinc.com MEMO
Date: July 8, 2022
To: City of Visalia Planning Division
From: Ethan Davis, Associate Planner
Subject: Shepherds Ranch I and II Project Description

INTRODUCTION/BACKGROUND
The following information pertains to the proposed Shepherds Ranch I (Project 1) and Shepherds Ranch II (Project 2) subdivision projects being filed with the City of Visalia (City) Planning Department. The Shepherds Ranch I project includes a Tentative Subdivision Map, General Plan Amendment, and Change of Zone. Shepherds Ranch II includes an Annexation, General Plan Amendment, Prezone, Tentative Subdivision Map and a Tentative Parcel Map. For the purpose of this project description, the Shepherds Ranch I and II General Plan Amendment and Change of Zone/Prezone will be combined under one application.

This Project description describes the details of the proposal and expands on information not within the development application for the subdivision within the Project site. The proposed Project would allow the applicant, D.R. Horton, the ability to construct a single-family residential community.

The Change of Zone/Prezone and General Plan Amendment that will alter the land use designations and zoning districts of the Project 1 10.31-acre parcel (APN: 081-030-46) and the Project 2, 40.0-acre parcel (APN: 081-030-36) between Road 88 south of Goshen Avenue and Shirk Street, within the Tier One and Tier Two Urban Growth Boundary. The client will process one Tentative Subdivision Map as a part of Project 1. Project 2 will propose a Tentative Parcel Map that will create three parcels due in order to adequately finance restrictions when purchasing property. Direction from the City of Visalia staff includes environmental review of both Projects in a single document to satisfy California Environmental Quality Act (CEQA). The northern half of the 10.3-acre property (Project 1) is currently planned and zoned for Very Low Density (R-1-20) and the southern half is zoned for Low Density (R-1-5). Similarly, Project 2 is currently planned for Very Low Density along the northern and western property boundaries and on the interior, it is planned for Low Density Residential. The General Plan Amendment proposes to change the existing Very Low-Density Residential land use designation to Residential Low Density land use designation. In addition, a park strip will along the entire northern property lines will be designated as Park/Recreation. In order to maintain consistency with the General Plan a Change of Zone/Prezone is also proposed and will result in a change from all R-1-20 to R-1-5 and the addition of the Quasi-Public designation for the park strip, within the projects’ site.

The R-1-20 zone was intended to be a buffer between residential development and the Light Industrial lots to the north.

We are proposing to use the entry street to the proposed residential development along with a 51-foot wide linear park and landscape buffer (in a Landscaping and Lighting Maintenance District) as the buffer, instead of R-1-20 lots. Our intent is to screen the light industrial uses with a masonry wall, trees, and landscaping.

The western 40-acre parcel (Project 2) abutting Road 88 is located within the City of Visalia’s sphere of influence and will require annexation. Once annexed the parcel will be zoned to R-1-5 along with Project 1. 332
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601 Pollasky Avenue, Suite 301 ⬥ Clovis, California 93612 ⬥ Tel (559) 449-2400 ⬥ Fax (559) 733-7821 ⬥ www.qkinc.com

PROJECT LOCATION
The Project 1 is located adjacent to the current City limits in the western portion of the city. The Project is south of developed light industrial properties rural residential/ agricultural land to the east and west and south. The Project 1 area consists of APN 081-030-46.

Project 2 is located within the City of Visalia’s sphere of influence on the east side of Road 88 South of Goshen extending to the western portion of Project 1. The combined area of both projects is located south of Goshen between Road 88 and Shirks Avenue. The total Project area consists of APN 081-030-46 and 081-030-36, which is approximately 50 acres.

PROJECT CHARACTERISTICS
The Project intends to create residential lots and the appurtenant infrastructure consistent with the General Plan designation of Residential Low Density. Future zoning designations will be consistent with the aforementioned land use designations, respectively R-1-5. The Project will be evaluated by the city, through the scope of the General Plan, Municipal Code, and subsequently through the building permit submittal.

The approximate density for the Project 1 proposed subdivision is 3.97 dwelling units per gross acre. Both Projects propose to remove the Very Low Density Residential (and subsequent R-1-20 zone) and replace it with Low Density Residential (R-1-5 zone) in order to create a homogenous neighborhood. Along the adjacent streets, a ten-foot-wide landscaped strip with masonry wall and required building setbacks will serve as the buffer between residential development and the existing roadways (Road 88 and Shirk Street). The approximate density for the Project 2 proposed subdivision is 4.95 dwelling units per gross acre. In addition, Project 2 proposes to subdivide the overall 40-acre parcel into three separate parcels for the purpose of financing. Phase 1 will be approximately 16.83 acres, Phase 2 will be approximately 13.68 acres, and Phase 3 will be approximately 9.95 acres.

The 2.28-acre linear park will meander across both project sites which will include an approximately 2,000-foot trail with exercise stations. The linear park and adjacent light industrial properties will be separated by a 6-foot block wall as required by the City’s Municipal Code.

The closest possible distance from the nearest light industrial structure to a proposed residential dwelling in the Project site, will be approximately 151 feet.

CIRCULATION
Shirk Street is identified in the General Plan as a four-lane arterial roadway. The eastern site (Shepherds Ranch I) is twothirds of a mile to State Route 198 along Shirk Street. Access to the 10-acre site would be along the main east-west entry drive and Shirk Street on the site’s eastern boundary. We intend to include a stub street to the west in order to provide access to unsubdivided land to the west. Access to the western site (Shepherds Ranch II) site would be located on the east side of Road 88, which is identified as a 2-lane collector road in the General Plan. The site entry is approximately

1.25 miles from the nearest access point of State Route 198 along Shirk Street. 333

601 Pollasky Avenue, Suite 301 ⬥ Clovis, California 93612 ⬥ Tel (559) 449-2400 ⬥ Fax (559) 733-7821 ⬥ www.qkinc.com

Figure: 1
City of Visalia Local Street Standard Drawing
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601 Pollasky Avenue, Suite 301 ⬥ Clovis, California 93612 ⬥ Tel (559) 449-2400 ⬥ Fax (559) 733-7821 ⬥ www.qkinc.com

UTILITIES
WATER
Water service will be provided by the California Water Service. The City of Visalia will provide sewer and storm drain services to the project. Both sewer and storm drain lines for (Project 1) are located within Shirk Street. Sewer and storm drain lines for (Project 2) will be extended on Road 88 to the project site.

SANITARY SEWER
Project 1 will be served by an existing 8-inch sewer lateral located within Shirk Street. The sewer laterals will be extended north, until it reaches the Project’s extent. Since the Project consists of only residential uses, sewer lateral upsizing will not be necessary. City standard 8-inch sewer lines will be required in all local streets depicted within the interior of the Plan Area. Each development proposal will be reviewed by the City of Visalia, and subsequent requirements will be conditioned for the development. These requirements shall supersede the Specific Plan.

Once developed, Project 2 will be required to connect to the nearest sewer lateral located in Road 88.

STORM DRAIN
Storm drainage service is provided by the City of Visalia. There is an existing 12-inch storm drain trunk line in Shirk Street, adjacent to the Project site. The existing trunk line will be extended into the Project site in order to adequately serve each development. Similarly, since there are only residential uses being proposed, storm drain lateral upsizing will not be necessary. Each development proposal will be reviewed by the City of Visalia, and subsequent requirements will be conditioned for the development. These requirements shall supersede the Specific Plan.

In the event, that the project can not connect to the nearest adequately sized storm drain lateral, a onsite storm drain basin will be developed.

SOLID WASTE
City of Visalia will provide Solid Waste removal services for the entire Project site. The standard three trash bin service will be provided.
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1 SUBDIVISION & PARCEL MAP

REQUIREMENTS

ENGINEERING DIVISION

SITE PLAN REVIEW COMMENTS
REQUIREMENTS (Indicated by checked boxes)
Submit improvements plans detailing all proposed work; Subdivision Agreement will detail fees & bonding requirements
Bonds, certificate of insurance, cash payment of fees/inspection, and approved map & plan required prior to approval of Final Map.

The Final Map & Improvements shall conform to the Subdivision Map Act, the City’s Subdivision Ordinance and Standard Improvements.

A preconstruction conference is required prior to the start of any construction.

Right-of-way dedication required. A title report is required for verification of ownership. by map by deed

City Encroachment Permit Required which shall include an approved traffic control plan.

CalTrans Encroachment Permit Required. CalTrans comments required prior to tentative parcel map approval. CalTrans contacts: David Deel (Planning) 488-4088 Landscape & Lighting District/Home Owners Association required prior to approval of Final Map. Landscape & Lighting District will maintain common area landscaping, street lights, street trees and local streets as applicable. Submit completed Landscape and Lighting District application and filing fee a min. of 75 days before approval of Final Map.

Landscape & irrigation improvement plans to be submitted for each phase. Landscape plans will need to comply with the City's street tree ordinance. The locations of street trees near intersections will need to comply with Plate SD-1 of the City improvement standards. A street tree and landscape master plan for all phases of the subdivision will need to be submitted with the initial phase to assist City staff in the formation of the landscape and lighting assessment district.

Dedicate landscape lots to the City that are to be maintained by the Landscape & Lighting District.

Northeast Specific Plan Area: Application for annexation into Northeast District required 75 days prior to Final Map approval.

Written comments required from ditch company. Contacts: James Silva 747-1177 for Modoc, Persian, Watson, Oakes, Flemming, Evans Ditch and Peoples Ditches; Paul Hendrix 686-3425 for Tulare Irrigation Canal, Packwood and Cameron Creeks; Bruce George 747-5601 for Mill Creek and St. John’s River.

Final Map & Improvements shall conform to the City’s Waterways Policy. Access required on ditch bank, 12’ minimum. Provide wide riparian dedication from top of bank.

Sanitary Sewer master plan for the entire development shall be submitted for approval prior to approval of any portion of the system. The sewer system will need to be extended to the boundaries of the development where future connection and extension is anticipated. The sewer system will need to be sized to serve any future developments that are anticipated to connect to the system.

Grading & Drainage plan required. If the project is phased, then a master plan is required for the entire project area that shall include pipe network sizing and grades and street grades. Prepared by registered civil engineer or project architect. All elevations shall be based on the City’s benchmark network. Storm run-off from the project shall be handled as follows: a) directed to the City's existing storm drainage system; b) directed to a permanent on-site basin; or c) directed to a temporary on-site basin is required until a connection with adequate capacity is available to the City’s storm drainage system. On-site basin:

ITEM NO: 1 DATE: MAY 5, 2021
SITE PLAN NO.: 21-017 3RD RESUBMITTAL
PROJECT TITLE: IRON RIDGE
DESCRIPTION: TO DEVELOP A 238 LOT RESIDENTIAL
SUBDIVISION (R120 / R15)
APPLICANT: ERNIE ESCOBEDO
PROP. OWNER: TULARE COUNTY PROPERTIES INC
LOCATION: 945 N SHIRK ST
APN: 081-030-046, 036
Adrian Rubalcaba 713-4271
Diego Corvera 713-4209
354
2 : maximum side slopes, perimeter fencing required, provide access ramp to bottom for maintenance. SEE ADDITIONAL COMMENTS.

Show Valley Oak trees with drip lines and adjacent grade elevations. Protect Valley Oak trees during construction in accordance with City requirements. A permit is required to remove Valley Oak trees. Contact Public Works Admin at (559)713-4428 for a Valley Oak tree evaluation or permit to remove. Valley Oak tree evaluations by a certified arborist are required to be submitted to the City in conjunction with the tentative map application. A pre-construction conference is required.

Show adjacent property grade elevations on improvement plans. A retaining wall will be required for grade differences greater than 0.5 feet at the property line.

Relocate existing utility poles and/or facilities. Required for ultimate street widening.

Underground all existing overhead utilities within the project limits. Existing overhead electrical lines over 50kV shall be exempt from undergrounding. Required for ultimate street widening.

Provide “R” value tests: 1 each at 300' Intervals
Traffic indexes per city standards: Refer to City pavement stds.

All public streets within the project limits and across the project frontage shall be improved to their full width, subject to available right of way, in accordance with City policies, standards and specifications. Shirk and Clancy.

All lots shall have separate drive approaches constructed to City Standards.

Install street striping as required by the City Engineer.

Install sidewalk: 5' - 7' ft. wide, with 5' ft. wide parkway on SHIRK, CLANCY, AND LOCALS Cluster mailbox supports required at 1 per 2 lots, or use postal unit (contact the Postmaster at 732-8073).

Subject to existing Reimbursement Agreement to reimburse prior developer:

Abandon existing wells per City of Visalia Code. A building permit is required.

Remove existing irrigation lines & dispose off-site. Remove existing leach fields and septic tanks.

Fugitive dust will be controlled in accordance with the applicable rules of San Joaquin Valley Air District’s Regulation VIII. Copies of any required permits will be provided to the City.

If the project requires discretionary approval from the City, it may be subject to the San Joaquin Valley Air District’s Rule 9510 Indirect Source Review per the rule’s applicability criteria. A copy of the approved AIA application will be provided to the City.

If the project meets the one acre of disturbance criteria of the State’s Storm Water Program, then coverage under General Permit Order 2009-0009-DWQ is required and a Storm Water Pollution Prevention Plan (SWPPP) is needed. A copy of the approved permit and the SWPPP will be provided to the City.

Comply with prior comments Resubmit with additional information Redesign required Additional Comments:

1. Proposed subdivision will incur development impact fees.

2. Proposed tentative subdivision map only includes the portion of land within City limits. Previous site plans included a larger subdivision of land between Clancy and Shirk. Comments have been adjusted to pertain to this proposed phase for opening day improvements.

3. Shirk Street shall be improved to its ultimate design configuration. Shirk is a 110' arterial roadway.

The cross section shown on Site Plan is incorrect, refer to City arterial design stds. Redesign and adjust accordingly.

4. There may be access restriction to Shirk due to the arterial median design constraints. The median control will likely restrict access to right in/right out of Shirk, a left in may be feasible. Refer to further comments by Traffic Safety Division.

5. Additional coordination with Public Works Dept. is required for sanitary sewer and storm drainage design and main extensions. Project will be required to extend all utilities across parcel frontages, including any master planned mains. Per PW Dept., a City CIP is slated to install a 48" sewer main and a 30" storm drain along Shirk. Timing of these improvements will dictate subdivision feasibility, although the construction of the sewer main is tentatively scheduled for fall of 2021. Should the storm main not be installed prior to project development, a temporary storage basin onsite will need to be established 355
3 and infrastructure designed for both onsite retention and future elimination of basin and connection to City SD trunk line.

6. The current City storm water infrastructure does not have capacity to serve this project.

7. The City is currently updating its Storm and Sewer Master Plans, project requirements are subject to change.

8. Subdivision proposes a vast amount of open landscaped space. This will have an adverse effect on the Landscape and Lighting District maintenance costs borne soley on the residents. It is recommended the subdivider analyze the future district annual assessments.

9. Required street improvements to Shirk to include, but may not be limited to, pavement, curb and gutter, sidewalk, parkway landscaping, street trees, street lights, utility relocations and undergrounding, median improvement, roadway transitions, striping, signage, and utility extensions.

10. Subdivision master sewer and storm drain plan will be required with initial phase.

11. Subdivision to install street lighting per City arterial and local street stds. Provide electrical design plan with voltage drop calculations with civil submittal. A service meter pedestal will be required to be installed.

12. Landscape and Lighting District to be formed. Submit landscape improvement plan with civil submittal. Further coordinate with City Engineer.

13. There are existing SCE easements as indicated on tentative map that will need to be abandoned or relocated prior to map and civil plan approval.

14. There is a block wall to be erected along northside of Outlot B, however an SCE easement exists and can be a potential conflict. Applicant to coordinate with SCE for blockwall placement and approval or relocate/underground if required by SCE.

15. Ensure local street connection to Shirk provides adequate right-of-way to accommodate the required 30' radius ramp return.

16. Lot 23 will need to be adjusted as the outlot shall wrap around local street frontage. The landscape outlot along north side of Lot 23 can be decreased to min. 5' width. 356
4 SUMMARY OF APPLICABLE DEVELOPMENT IMPACT FEES
Site Plan No: 21-017 3rd RESUBMITTAL
Date: 5/5/2021
Summary of applicable Development Impact Fees to be collected at the time of final/parcel map recordation:
(Preliminary estimate only! Final fees will be based on approved subdivision map & improvements plans and the fee schedule in effect at the time of recordation.) (Fee Schedule Date:8/21/2021)
(Project type for fee rates:TSM)
Existing uses may qualify for credits on Development Impact Fees.

FEE ITEM FEE RATE
Trunk Line Capacity Fee see fee schedule.

Sewer Front Foot Fee
Storm Drainage Acquisition Fee
Park Acquisition Fee
Northeast Acquisition Fee Total
Storm Drainage
Block Walls
Parkway Landscaping
Bike Paths

Waterways Acquisition Fee
Additional Development Impact Fees will be collected at the time of issuance of building permits.

City Reimbursement:

1.) No reimbursement shall be made except as provided in a written reimbursement agreement between the City and the developer entered into prior to commencement of construction of the subject planned facilities.

2.) Reimbursement is available for the development of arterial/collector streets as shown in the City’s Circulation Element and funded in the City’s transportation impact fee program. The developer will be reimbursed for construction costs and right of way dedications as outlined in Municipal Code Section 16.44. Reimbursement unit costs will be subject to those unit costs utilized as the basis for the transportation impact fee.

3.) Reimbursement is available for the construction of storm drain trunk lines and sanitary sewer trunk lines shown in the City’s Storm Water Master Plan and Sanitary Sewer System Master Plan. The developer will be reimbursed for construction costs associated with the installation of these trunk lines. ____________________________________
Adrian Rubalcaba
357
1 SITE PLAN No. 2021-229-D

SITE PLAN REVIEW COMMENTS
Rafael Garcia, Planning Division (559) 713-4031
Date: March 16, 2022
SITE PLAN NO: 2021-229-D
PROJECT: Iron Ridge II
DESCRIPTION: TO DEVELOP 199 LOT RESIDENTIAL SUDIVISION
APPLICANT: ERNIE ESCOBEDO
PROP. OWNER: ROAD 88 LLC
LOCATION: BETWEEN SHIRK AND ROAD 88, SOUTH OF GOSHEN
APN: 081-030-036
GENERAL PLAN: RVLD (Residential Very Low Density)
RLD (Residential Low Density)
ZONING: X – outside of the city limits
Planning Division Recommendation:

Revise and Proceed
Resubmit
Project Requirements
• Tentative Subdivision Map
• General Plan Amendment (to eliminate RVLD designation) • Change of Zone
• Traffic Impact/Vehicle Miles Traveled Analysis
• Noise Study
• Cultural Resources Study
• Project is subject to Air District Rule 9510
• Initial Study / Mitigated Negative Declaration
• Tribal Consultation under AB 52
• Additional Information as Needed
PROJECT SPECIFIC INFORMATION: March 16, 2022

1. Raised intersection required at Helen and Sauver Drive for traffic calming purposes.

2. The buffer along the north boundary (within the RVLD land use area) must be maintained.

Residences shall not be allowed to encroach into said area.

3. The proposal to develop a residential subdivision will require the applicant to file for the following:
a. Annexation of the project site into the Visalia City Limits; b. Tentative Subdivision Map, including the following:
i. Show entire project area in a separate exhibit.

4. The proposal will require CEQA Initial Study and environmental determination (potentially a Negative Declaration).
a. Tribal consultation as required by AB 52 shall be conducted for the project. b. Submittal of a Cultural Resource Study shall be required. c. Traffic Impact Analysis / VMT may be required.

5. Lot widths shall be a minimum of 50 feet for all interior lots.

6. A block wall with landscaping will be required along the westerly and northern site boundary.

7. A Noise Study shall be provided.
a. The applicant will be required to disclose to future homeowners that the project area will be bordered on two sides (North and West across Road 88) by industrial uses.

8. VTM shall comply with all requirements prescribed as part of VMC Chapter 16.20.

9. Meet all other Codes/ordinances and comply with previous comments.

Reference Previous Comments
from Site Plan Review No. 2021-
017
358
2 SITE PLAN No. 2021-229-D
PROJECT SPECIFIC INFORMATION: February 23, 2022

1. The buffer along the north boundary (within the RVLD land use area) must be maintained.

Residences shall not be allowed to encroach into said area.

2. The proposal to develop a residential subdivision will require the applicant to file for the following:
a. Annexation of the project site into the Visalia City Limits; b. Tentative Subdivision Map, including the following:
i. Show entire project area in a separate exhibit.

3. The proposal will require CEQA Initial Study and environmental determination (potentially a Negative Declaration).
a. Tribal consultation as required by AB 52 shall be conducted for the project. b. Submittal of a Cultural Resource Study shall be required. c. Traffic Impact Analysis / VMT may be required.

4. Lots not meeting the minimum of 5,000 square feet in area will not be supported by staff.

5. Lot widths shall be a minimum of 50 feet for all interior lots.

6. A block wall with landscaping will be required along the westerly and northern site boundary.

8. VTM shall comply with all requirements prescribed as part of VMC Chapter 16.20.

9. Meet all other Codes/ordinances and comply with previous comments.

PROJECT SPECIFIC INFORMATION: February 2, 2022

1. The proposal to develop a residential subdivision will require the applicant to file for the following:
a. Annexation of the project site into the Visalia City Limits; b. Tentative Subdivision Map, including the following:
i. Show entire project area in a separate exhibit.

2. The proposal will require CEQA Initial Study and environmental determination (potentially a Negative Declaration).
a. Tribal consultation as required by AB 52 shall be conducted for the project. b. Submittal of a Cultural Resource Study shall be required. c. Traffic Impact Analysis / VMT may be required.

3. Lots not meeting the minimum of 5,000 square feet in area will not be supported by staff.

4. Lot widths shall be a minimum of 50 feet for all interior lots.

5. A block wall with landscaping will be required along the westerly and northern site boundary.

6. A Noise Study shall be provided.
a. The applicant will be required to disclose to future homeowners that the project area will be bordered on two sides (North and West across Road 88) by industrial uses.

7. VTM shall comply with all requirements prescribed as part of VMC Chapter 16.20.

8. Meet all other Codes/ordinances and comply with previous comments.

PROJECT SPECIFIC INFORMATION: January 5, 2021

3. The applicant shall provide a site plan that accurately depicts the boundary of the entire site area.

4. Lots not meeting the minimum of 5,000 square feet in area will not be supported by staff.

5. Lot widths shall be a minimum of 50 feet for all interior lots.

6. A block wall with landscaping will be required along the westerly and northern property frontage.

8. Meet all other Codes and Ordinances.

Notes:

1. The applicant shall contact the San Joaquin Valley Air Pollution Control District to verify whether additional permits are required to conduct the proposed use.

2. Prior to completion of a final building inspection for a project, a signed MWELO Certificate of Compliance shall be submitted indicating that all landscaping has been installed to MWELO standards.

Sections of the Municipal Code to review:

Title 16 Subdivisions

17.12 Single-Family Residential Zone

17.32.080 Maintenance of landscaped areas.

17.34 Off-street parking and loading facilities

17.34.020(A)(1) Single-family dwelling

17.36 Fences Walls and Hedges

17.36.030 Single-family residential zones
NOTE: Staff recommendations contained in this document are not to be considered support for a particular action or project unless otherwise stated in the comments. The comments found on this document pertain to the site plan submitted for review on the above referenced date. Any changes made to the plan submitted must be submitted for additional review.

Signature _________________________________________
360
4 SITE PLAN No. 2021-229-D
361
1 SUBDIVISION & PARCEL MAP

REQUIREMENTS

ENGINEERING DIVISION

The Final Map & Improvements shall conform to the Subdivision Map Act, the City’s Subdivision Ordinance and Standard Improvements.

A preconstruction conference is required prior to the start of any construction.

Right-of-way dedication required. A title report is required for verification of ownership. by map by deed

CLANCY AND LOCAL STREETS
City Encroachment Permit Required which shall include an approved traffic control plan.

Dedicate landscape lots to the City that are to be maintained by the Landscape & Lighting District.

Northeast Specific Plan Area: Application for annexation into Northeast District required 75 days prior to Final Map approval.

Final Map & Improvements shall conform to the City’s Waterways Policy. Access required on ditch bank, 12’ minimum. Provide wide riparian dedication from top of bank.

ITEM NO: 1 DATE: MARCH 16, 2022
SITE PLAN NO.: 21-229 3RD RESUBMITTAL
PROJECT TITLE: IRON RIDGE II
DESCRIPTION: TO DEVELOP A 199 LOT RESIDENTIAL
SUBDIVISION (R-1-20 / X)
APPLICANT: ERNIE ESCOBEDO
PROP. OWNER: ROAD 88 LLC
LOCATION: SOUTH EAST OF CLANCY AND GOSHEN
APN: 081-030-036
Ather Razaq 713-4268
Adrian Rubalcaba 713-4271
362
2 : maximum side slopes, perimeter fencing required, provide access ramp to bottom for maintenance. SEE ADDITIONAL COMMENTS.

Show adjacent property grade elevations on improvement plans. A retaining wall will be required for grade differences greater than 0.5 feet at the property line.

Relocate existing utility poles and/or facilities. REQUIRED W/ DEVELOPMENT Underground all existing overhead utilities within the project limits. Existing overhead electrical lines over 50kV shall be exempt from undergrounding. REQUIRED W/ DEVELOPMENT Provide “R” value tests: 1 each at 300' INTERVALS
Traffic indexes per city standards: REFER TO CITY PAVEMENT STANDARDS All public streets within the project limits and across the project frontage shall be improved to their full width, subject to available right of way, in accordance with City policies, standards and specifications. CLANCY,

SEE ADDITIONAL COMMENTS
All lots shall have separate drive approaches constructed to City Standards.

Install street striping as required by the City Engineer. TO BE DETERMINED AT CIVIL PLAN REVIEW.

Install sidewalk: 5-6' ft. wide, with 5' ft. wide parkway on CLANCY, AND LOCALS Cluster mailbox supports required at 1 per 2 lots, or use postal unit (contact the Postmaster at 732-8073).

Subject to existing Reimbursement Agreement to reimburse prior developer:

Abandon existing wells per City of Visalia Code. A building permit is required.

Remove existing irrigation lines & dispose off-site. Remove existing leach fields and septic tanks.

Fugitive dust will be controlled in accordance with the applicable rules of San Joaquin Valley Air District’s Regulation VIII. Copies of any required permits will be provided to the City.

Comply with prior comments Resubmit with additional information Redesign required Additional Comments:

1. Proposed subdivision will incur development impact fees.

2. Site plan submittal included two additional sheets that appear to be from a previous submittal, both are titled "Vesting". It is City staff's assumption this was in error and that the two newest revised sheets, for the parcel map and subdivision map that are not labeled "Vesting", are the intended site plan items and comments provided herein are directed towards those sheets only.

3. Road 88 (Clancy) is identified as a collector street and shall be improved to City 84' collector design standards. Provide typical subdivision frontage design w/ a landscape lot and block wall. Cross section appears adequate providing for a 5' parkway, 6' sidewalk, and 10' landscape lot to block wall. City Engineer may elect to defer center median improvements. Improvements to be completed with Phase 1.

4. Interior street cross section is shown to comply with City local street design standards.

5. Additional coordination with City Engineer is required for sanitary sewer and storm drainage design and main extensions. Project will be required to extend all utilities across parcel frontages, including any master planned mainlines. The City is currently updating its Storm and Sewer Master Plans, project requirements are subject to change. Clancy storm drain master plan alignment indicates a 24" storm drain per the City's master plan, additional extension may be required - to be determined. 363
3 6. In the interim, a temporary storm drainage basin will be required to be installed to store project runoff until said time that the City's master trunk line and regional basin for the area are constructed. Project to install necessary infrastructure for future connection to storm trunk main and abandonment of temp basin. Tentative map indicates the area and size of the required temp basin. City requires non-buildable easements over the lots affected and that the maintenance and future abandonment are responsibility of the Subdivider. As the temp basin can remain for a number of years until City regional infrastructure is installed, the street frontages of the basin will need to be constructed as part of Phase 2 completion.

Per City basin and local street standards, improvements shall include, but may not be limited to, a 5' parkway (landscaped with street trees), 5' sidewalk, curb ramps, and street lighting. The parkway service and maintenance will be responsibility of the developer along basin frontage. Include with tentative subdivision map layout a cross section of the basin, including the adjacent roadways, indicating required level of improvements.

7. Subdivision proposes a vast amount of open landscaped space. This will have an adverse effect on the Landscape and Lighting District maintenance costs borne solely on the residents. It is recommended the subdivider analyze the estimated district annual assessments to disclose to future residents of the high cost per year assessed with their annual property taxes.

8. A master sewer and storm drain plan will be required with subdivisions initial phase.

9. Additional street improvements will be necessary north on Clancy St. to provide means of traffic circulation and emergency access. Per City records, there appears to be adequate street right-of-way width to provide two-lanes of travel, north of the subdivision. Subdivider will be required to install additional pavement and transitions to existing roadway north on Clancy (extent of pavement to the north to be determined by City Engineer based on existing pavement conditions). Improvements shall be installed with Phase 1.

10. Subdivision to install street lighting per City collector and local street stds. Provide electrical design plan with voltage drop calculations with civil submittal. A service meter pedestal will be required to be installed.

11. Submit landscape improvement plan with civil submittal. Landscape plan to comply with MWELO regulations.

12. The block wall along Clancy shall wrap around the corner lots (1 & 200) with a 5 ft wide out lot. An easement for this area which will not be supported. The 5-foot shall be incorporated into the designated outlot(s).

13. A block wall is required along northside of Outlot C however the existing SCE easement will be a potential conflict. Applicant is to coordinate with SCE for blockwall placement and approval or relocate/underground overhead if required by SCE. Site plan provides a cross section of this area of the Iron Ridge property line (block wall), easement, and the "hiatus" property. The section appears adequate, if acceptabe by SCE, however by design the hiatus area is shown to be "not a part" of the subdivision.

Additional legal instruments may be necessary or required by City Surveyor as part of final map acceptance to record.

14. Proposed design of the street abutting south property line (Bernard Ave), with respect to the SCE easement and utility poles, will require that the power poles be undergrounded per typical development standards. Additionally, the required landscaped parkway & street trees along this road will not be maintained by any of the adjacent residents and therefore will be required to be incorporated into the LLD. Further coordinate with SCE for underground design plan. It is anticipated SCE will install within typical PUE dedications on the map. As shown, the existing SCE easement along south side of Bernard Ave is located within future City right-of-way. This easement will need to be abandoned as part of underground design. SCE facilities are typically installed outside the right-of-way within dedicated PUE.

The south side of Bernard Ave does not provide for an additional 6-foot PUE therefore SCE will need to reroute onsite. Coordinate with City Engineer.
364
4 15. The curb return ramps at local street connection to Clancy shall comply with City 30' radius return standards.

16. Tentative parcel map shall conform to the underlying subdivision layout and is subject to change given the provided comments/requirements herein.

17. Overhead utilities at north of project will need to be relocated or undergrounded at Clancy and Shirk intersections. Project is required to widen both collector and arterial roads and although the overhead may be able to remain in-place along the landscape outlot C, any poles in conflict with road widening and right-of-way will need to be addressed accordingly. To be further determined by City Engineer at time of civil design.

18. Traffic Dept. requires raised intersections, as a form of "traffic calming" measures, where traffic high speed factors are identified as a potential hazards . An acceptable raised intersection design will need to be further coordinated with Public Works/ City Engineer at time of civil review. 365
5 SUMMARY OF APPLICABLE DEVELOPMENT IMPACT FEES
Site Plan No: 21-229 3rd RESUBMITTAL
Date: 3/16/2022
Summary of applicable Development Impact Fees to be collected at the time of final/parcel map recordation:
(Preliminary estimate only! Final fees will be based on approved subdivision map & improvements plans and the fee schedule in effect at the time of recordation.) (Fee Schedule Date:1/1/2022)
(Project type for fee rates:TSM)
Existing uses may qualify for credits on Development Impact Fees.

FEE ITEM FEE RATE
Trunk Line Capacity Fee $836/UNIT
Sewer Front Foot Fee $46/LF X (TBD)
Storm Drainage Acquisition Fee $3,321/AC
Park Acquisition Fee $1,645/UNIT
Northeast Acquisition Fee Total
Storm Drainage
Block Walls
Parkway Landscaping
Bike Paths

Waterways Acquisition Fee $2,711/AC
Additional Development Impact Fees will be collected at the time of issuance of building permits.

City Reimbursement:

SITE PLAN REVIEW COMMENTS

CITY OF VISALIA TRAFFIC SAFETY DIVISION
March 16, 2022

☐ No Comments
☒ See Previous Site Plan Comments
☒ Install Street Light(s) per City Standards at time of development. ☒ Install Street Name Blades at intersection Locations. ☒ Install Stop Signs on local roads that intersect an arterial/collector status roadway at time of development.
☐ Construct parking per City Standards PK-1 through PK-4. ☒ Construct drive approach per City Standards at time of development. ☒ Traffic Impact Analysis required (CUP)
☐ Provide more traffic information such as . Depending on development size, characteristics, etc., a TIA may be required.
☐ Additional traffic information required (Non Discretionary) ☐ Trip Generation - Provide documentation as to concurrence with General Plan. ☐ Site Specific - Evaluate access points and provide documentation of conformance with COV standards.

If noncomplying, provide explanation.
☐ Traffic Impact Fee (TIF) Program - Identify improvments needed in concurrence with TIF.

Additional Comments:
• VMT Analysis may be required.
• Intersection of Helen Ave and Sauver to be designed as a raised intersection. Drainage needs to be addressed.
• TIA to address site circulation.

THE TRAFFIC DIVISION WILL PROHIBIT ON-STREET PARKING AS DEEMED NECESSARY 367
Leslie Blair
21-229RRR
• Future median access restrictions on Road 88 and Shirk Ave. TIA to address site access locations off of Road 88 (Clancey) and Shirk Road for overall development. • Streetnames required to be submitted for review and approval. • Questions, contact Traffic Engineering 559-713-4633.
368
City of Visalia Date: ______________
Police Department Item: ______________
303 S. Johnson St. Site Plan: ___________
Visalia, CA 93292 Name: _____________
(559) 713-4370
Site Plan Review Comments
No Comment at this time.

Request opportunity to comment or make recommendations as to safety issues as plans are developed.

Public Safety Impact Fee:

Ordinance No. 2001-11 Chapter 16.48 of Title 16 of the Visalia Municipal Code Effective date - August 17, 2001.

Impact fees shall be imposed by the City pursuant to this Ordinance as a condition of or in conjunction with the approval of a development project. "New Development or Development Project" means any new building, structure or improvement of any parcels of land, upon which no like building, structure of improvement previously existed. *Refer to Engineering Site Plan comments for fee estimation.

Not enough information provided. Please provide additional information pertaining to: ___________________________________________________________________________ Territorial Reinforcement: Define property lines (private/public space). ___________________________________________________________________________ Access Controlled/ Restricted etc. ___________________________________________________________________________ lighting Concerns: ___________________________________________________________________________ Traffic Concerns: ___________________________________________________________________________ Surveillance Issues: ___________________________________________________________________________ Line of Sight Issues: ___________________________________________________________________________ Other Concerns: ___________________________________________________________________________ 369
City of Visalia Date: ______________
Police Department Item: ______________
303 S. Johnson St. Site Plan: ___________
Visalia, CA 93292 Name: _____________
(559) 713-4370
Site Plan Review Comments
No Comment at this time.

Request opportunity to comment or make recommendations as to safety issues as plans are developed.

Public Safety Impact Fee:

Ordinance No. 2001-11 Chapter 16.48 of Title 16 of the Visalia Municipal Code Effective date - August 17, 2001.

Not enough information provided. Please provide additional information pertaining to: ___________________________________________________________________________ Territorial Reinforcement: Define property lines (private/public space). ___________________________________________________________________________ Access Controlled/ Restricted etc. ___________________________________________________________________________ lighting Concerns: ___________________________________________________________________________ Traffic Concerns: ___________________________________________________________________________ Surveillance Issues: ___________________________________________________________________________ Line of Sight Issues: ___________________________________________________________________________ Other Concerns: ___________________________________________________________________________ 370
City of Visalia Date: ______________
Police Department Item: ______________
303 S. Johnson St. Site Plan: ___________
Visalia, CA 93292 Name: _____________
(559) 713-4370
Site Plan Review Comments
No Comment at this time.

Request opportunity to comment or make recommendations as to safety issues as plans are developed.

Public Safety Impact Fee:

Ordinance No. 2001-11 Chapter 16.48 of Title 16 of the Visalia Municipal Code Effective date - August 17, 2001.

Not enough information provided. Please provide additional information pertaining to: ___________________________________________________________________________ Territorial Reinforcement: Define property lines (private/public space). ___________________________________________________________________________ Access Controlled/ Restricted etc. ___________________________________________________________________________ lighting Concerns: ___________________________________________________________________________ Traffic Concerns: ___________________________________________________________________________ Surveillance Issues: ___________________________________________________________________________ Line of Sight Issues: ___________________________________________________________________________ Other Concerns: ___________________________________________________________________________ 371
City of Visalia Date: ______________
Police Department Item: ______________
303 S. Johnson St. Site Plan: ___________
Visalia, CA 93292 Name: _____________
(559) 713-4370
Site Plan Review Comments
No Comment at this time.

Request opportunity to comment or make recommendations as to safety issues as plans are developed.

Public Safety Impact Fee:

Ordinance No. 2001-11 Chapter 16.48 of Title 16 of the Visalia Municipal Code Effective date - August 17, 2001.

Not enough information provided. Please provide additional information pertaining to: ___________________________________________________________________________ Territorial Reinforcement: Define property lines (private/public space). ___________________________________________________________________________ Access Controlled/ Restricted etc. ___________________________________________________________________________ lighting Concerns: ___________________________________________________________________________ Traffic Concerns: ___________________________________________________________________________ Surveillance Issues: ___________________________________________________________________________ Line of Sight Issues: ___________________________________________________________________________ Other Concerns: ___________________________________________________________________________ 372
City of Visalia Date: ______________
Police Department Item: ______________
303 S. Johnson St. Site Plan: ___________
Visalia, CA 93292 Name: _____________
(559) 713-4370
Site Plan Review Comments
No Comment at this time.

Request opportunity to comment or make recommendations as to safety issues as plans are developed.

Public Safety Impact Fee:

Ordinance No. 2001-11 Chapter 16.48 of Title 16 of the Visalia Municipal Code Effective date - August 17, 2001.

Not enough information provided. Please provide additional information pertaining to: ___________________________________________________________________________ Territorial Reinforcement: Define property lines (private/public space). ___________________________________________________________________________ Access Controlled/ Restricted etc. ___________________________________________________________________________ lighting Concerns: ___________________________________________________________________________ Traffic Concerns: ___________________________________________________________________________ Surveillance Issues: ___________________________________________________________________________ Line of Sight Issues: ___________________________________________________________________________ Other Concerns: ___________________________________________________________________________ 373
“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 6 OFFICE
1352 WEST OLIVE AVENUE |P.O. BOX 12616 |FRESNO, CA 93778-2616 (559) 981-1041 | FAX (559) 488-4195 | TTY 711
www.dot.ca.gov
May 18, 2022
TUL-198-5.675
TIS (4)
SPR 21-017 IRON RIDGE SUBDIVISION #1
SPR 21-229 IRON RIDGE SUBDIVISION #2
GTS: 33643

SENT VIA EMAIL
Mr. Brandon Smith, Principal Planner
City of Visalia
Community Development Department
315 East Acequia Avenue
Visalia, CA 93291
Dear Mr. Smith:

Caltrans has completed review of the Transportation Impact Statement (TIS) for the Iron Ridge Subdivision #1 & #2 (Project). The Project proposes to develop a total of 238 single family dwelling units on approximately 50 acres. The project site is situated between Road 88 and Shirk Road (Road 92), approximately 0.7 miles north of the State Rote (SR) 198/Shirk Avenue interchange in the City of Visalia in Tulare County.

Caltrans provides the following comments consistent with the State’s smart mobility goals that support a vibrant economy and sustainable communities:

Transportation Impact Study:

1. On page 13, paragraph 2.4.2 - Queuing Analysis, The TIS states “Queuing analysis was completed… TIA, dated March 2021”: Please clarify if the queue lengths on Table 2-2 are calculated by Synchro model or by the City of Visalia’s method?

2. Please clarify if the queue length listed on Table 2-2 is from the 95% queue in Synchro.

3. Please be advised that Caltrans has its own method of calculating demand for turn lanes on the State Highway System which is shown in Index 405.2 of the Highway Design Manual (HDM).

4. On page 32, paragraph 3.8.2 - Queuing Analysis: Can potential mitigation be 374
Mr. Brandon Smith - SPR 21-229 & SPR 21-017 - IRON RIDGE SUBDIVISION - TIS May 18, 2021

Page 2 ends

Visalia City CouncilSeptember 6, 2022

Visalia City Council
September 6, 2022