Visalia City Council
September 19, 2022

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Steve Nelsen
Vice Mayor Brian Poochigian
Council Member Greg Collins
Council Member Brett Taylor
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, September 19, 2022

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

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

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

WORK SESSION AND ACTION ITEMS (as described)

1. New Employee Introductions:

PUBLIC WORKS:

Sirena Herrold
Bernadette Garcia
Cody Gomes
Fernando Modesto
Jeff Blankenship
Juan Nuno
Raul Rodriguez
Tommy Waltjen
Victor Villegas
POLICE DEPARTMENT:

Roy Bohannan, Police Officer
Steven Waymire, Police Officer
Timothy Yang, Parking Enforcement Officer
Andrew Lopez, Communications Operator
22-0333

1 City Council Meeting Agenda - Final September 19, 2022

2. Discussion and overview regarding the forthcoming 2023-2031 (6th Cycle) Housing Element and related General Plan Updates, including phases, schedule, expectations, community engagement strategy, and introduction of the Housing Technical Advisory Committee.
22-0350
ADJOURN TO CLOSED SESSION - No Closed Session Scheduled CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

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

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

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

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

1. Appropriate $50,000 annually from the General Fund for the next two years (FY 22/23 & 23/24) for the ongoing clean-up of the St.

Johns River.
22-0312

2. Accept the City of Visalia Cash and Investment Report for the fourth quarter of the fiscal year which consists of months April, May, and June 2022.
22-0349

3. Authorize accepting the Fiscal Year 2021 Assistance to Firefighter Grant (AFG) award in the amount of $65,280.00 for the purchase of four (4) battery-operated combi tools and accessories. 22-0331

2 City Council Meeting Agenda - Final September 19, 2022

4. Authorize the City Manager to execute the Southern California Edison (SCE) Joint Use Agreement (JUA) and adopt Resolution 2022-52 for the Riggin Widening project between Mooney Blvd to Conyer street.
22-0326

5. First reading of Ordinance No. 2022-13 authorizing the sale of APN 094-095-001 (410 E. Race and 606 N. Bridge) to the Creative Center and Visalia Players at a selling price of $1,400,000, to include a forgivable loan in the amount of $1,222,000.
22-0258

6. Request to Authorize the City Manager to 1. file Notice of Completion for the Packwood Creek Trail - Santa Fe to Crumal Dr (RFB 20-21-24), 2. Execute an amendment to the Measure R supplement agreement, 3. Authorize an additional appropriation of $70,000 from the Measure R Trails ( 132) Fund and 4. Amend the Measure R Trail Expenditure Plan to reallocate $70,000 from the “K Road along SJ line” to the “Packwood Creek Trail .” (Project Number 3010-72000/CP0012-999)
22-0313

7. Authorize the City Manager to award an emergency contract with Provost & Pritchard Consulting Group of Visalia, CA for the preparation of an Agriculture Mitigation Program in an amount not to exceed $150,000, and appropriate $150,000 from the General Fund.
22-0352

8. Request authorization to record the final map for Diamond Oaks - Unit No. 2 subdivision, located south of East Caldwell Avenue between South Burke Street and South Ben Maddox Way (126 lots); and the annexation of Diamond Oaks - Unit No. 2 into the Landscape and Lighting Assessment District No. 19-05 "Diamond Oaks" (Resolution Nos. 2022-53 and 2022-54 required). APN: 126-100-0575, 126-990-023. 22-0354

9. Second reading and adoption 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. 22-0355

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. Public hearing and approval of the 2021-22 Program Year Consolidated Annual Performance and Evaluation Report
(CAPER). Resolution No. 2022-55.
22-0319
CLOSED SESSION REPORT - None

3 City Council Meeting Agenda - Final September 19, 2022

ADJOURNMENT

1. Upcoming City Council Meetings:

Monday, October 3, 2022 at 7:00 p.m. @ 707 W. Acequia, City Hall Monday, October 17, 2022 at 7:00 p.m. @ 707 W. Acequia, City Hall
22-0358

4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0333 Agenda Date: 9/19/2022 Agenda #: 1.

Agenda Item Wording:

New Employee Introductions:

PUBLIC WORKS:

Sirena Herrold
Bernadette Garcia
Cody Gomes
Fernando Modesto
Jeff Blankenship
Juan Nuno
Raul Rodriguez
Tommy Waltjen
Victor Villegas
POLICE DEPARTMENT:

Roy Bohannan, Police Officer
Steven Waymire, Police Officer
Timothy Yang, Parking Enforcement Officer
Andrew Lopez, Communications Operator
Visalia City Council Printed on 9/16/2022Page 1 of 1
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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0350 Agenda Date: 9/19/2022 Agenda #: 2.

Agenda Item Wording:

Discussion and overview regarding the forthcoming 2023-2031 (6th Cycle) Housing Element and related General Plan Updates, including phases, schedule, expectations, community engagement strategy, and introduction of the Housing Technical Advisory Committee.

Deadline for Action: 9/19/2022
Submitting Department: Community Development
Contact Name and Phone Number:

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

Receive a presentation on the Housing Element Update project and provide input to staff and the consultants on expectations for the project (presentation slides are included as Attachment 1).

Background Discussion:

In August 2022, the City of Visalia kicked off the update to the City’sHousing Element for the 2023- 2031 planning period. The purpose of the housing element is to identify and analyze existing and projected housing needs in order to preserve, improve, and develop housing for all economic segments of the community.

The Housing Element consists of two parts, the “NeedsAssessment”and the “PolicyDocument”.The Needs Assessment analyzes existing housing conditions and projected housing need through 2031.

The Needs Assessment includes analyses of housing needs and constraints to housing production, a fair housing assessment, and an inventory of sites available for residential use. The Policy Document includes goals, policies, and programs that respond to the housing needs, constraints, and issues identified in the Needs Assessment and serves as the City’shousing action plan for the next eight years.

In addition to the Housing Element Update, the City will also be updating the Safety Element and preparing a new Environmental Justice Element to align with the updated Housing Element. These updates are required by State law when jurisdictions update one or more General Plan Elements.

More information on these updates is provided below.

The Housing Element and General Plan Element Update project is being led by City staff from the Community Development Department. To assist in the preparation of the Update, the City has also hired a team of planning specialists that include community planners and technical specialists.

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Project Process and Timing
Phase 1: Project Initiation (current phase)
Phase 1 includes refining the project work plan, schedule, and community engagement program, developing a project website, and receiving initial direction from the HTAC, Planning Commission, and City Council. Engagement events: Planning Commission and City Council study session, Housing Technical Advisory Committee (HTAC) meeting #1.

Phase 2: Housing Policy Analysis and Alternatives (Fall 2022) During Phase 2, the Project Team will review and evaluate the current Housing Element for effectiveness, to identify barriers to implementation, and to evaluate compliance with State law.

Phase 2 includes the drafting of a Housing Element Evaluation Memo and the Sites Inventory.

Engagement events: community workshop #1, stakeholder interviews, HTAC meeting #2, community workshop #2, Planning Commission and City Council study session.

Phase 3: Administrative Draft Housing Element (Winter 2023) During this phase, the Project Team will prepare the Administrative Draft Housing Element, including Housing Needs, Housing Resources and Opportunities, Housing Constraints, and the Policy Document. Engagement event: HTAC #3.

Phase 4: Public Review Draft Housing Element (May-June 2023) Phase 4 includes the preparation of the Public Review Draft, a 30-day comment period, and a two week period to incorporate revisions based on comments from the public, Planning Commissioners, and Councilmembers. Engagement events: Planning Commission study session, City Council study session.

Phase 5: HCD Review (July to September. 2023)
This phase includes submission of the Housing Element to the California Department of Housing and Community Development (HCD) for initial 90-day review. During this period, the City will have a small two week period to address any HCD comments prior to the release of an official comment letter.

Phase 6: Safety Element Update (April to August 2023)
Phase 6 includes the drafting of a Vulnerability Assessment, an AB 747 analysis of evacuation vulnerability, an SB 99 analysis of neighborhoods without multiple evacuation routes, and the preparation of the revised Safety Element. Engagement events: community workshop #3, Safety Technical Advisory Committee meeting, Planning Commission/City Council study session, Planning Commission and City Council adoption hearings.

Phase 7: Environmental Justice Element (April to August 2023) During Phase 7 the Project Team will draft the Environmental Justice Element and release it for Public Review. Engagement events: community workshop #4, Planning Commission/City Council study session, and adoption hearings.

Phase 8: CEQA Compliance (September to October 2023)
This phase includes the drafting of environmental documention related to the updated Housing Visalia City Council Printed on 9/16/2022Page 2 of 7
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This phase includes the drafting of environmental documention related to the updated Housing Element, Safety Element, and Environmental Justice Element.

Phase 9: Review and Adoption (October to December 2023) During Phase 9, the Consultants will prepare the Public Hearing Draft Housing Element, including documentation of all revisions made to respond to HCD comments. The City will hold a public hearing with the Planning Commission to discuss revisions and make recommendations to the City Council. Following the Planning Commision hearings, the City will present the Public Hearing Draft Elements and Planning Commission recommendations to the City Council to consider for adoption.

Upon adoption, the Consultants will prepare final documents and will submit the Final Housing Element to HCD for a second round of review (60 days).

Opportunities for City Council Review:
· Phase 1: City Council Study Session (topic: Housing Element introduction) · Phase 2: Planning Commission/City Council joint study session (topic: Sites Inventory) · Phase 4: City Council study session (topic: Public Review Draft Housing Element) · Phase 6/7: Planning Commission/City Council joint study session (topic: Draft Safety Element and Draft Environmental Justice Element, combined meeting) · Phase 9: Public Hearings (topic: review revisions for State law compliance; consider the Housing, Safety, and Environmental Justice Elements for adoption) Why update the Housing Element?
Since 1969, California has required that all cities and counties plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting housing elements as part of their “generalplan”(also required by the State). General plans serve as the local government’s"blueprint" for how the city will grow and develop and includes eight required elements: land use, transportation, conservation, noise, open space, safety, environmental justice, and housing (a ninth element, air quality, is required for cities and counties in the San Joaquin Valley). The law mandating that housing be included as an element of each jurisdiction’sgeneral plan is known as “housing element law.”
California’shousing element law acknowledges that, for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing development. As a result, housing policy in California rests largely upon the effective implementation of local general plans and, in particular, local housing elements.

Housing Elements are required to be updated in eight-year cycles scheduled by the State. The City is currently preparing the 6th Cycle Housing Element, which plans for housing needs from December 31, 2023 through December 31, 2031.

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Who reviews the Housing Element for compliance?
The California Department of Housing and Community Development (HCD) plays the critical role of reviewing every local government’shousing element to determine whether it complies with State law and then submits written findings back to each local government. HCD must certify the housing element before the City can adopt it as part of the General Plan.

Within the certification process, the Housing Element must be submitted to HCD for two rounds of review. Once drafted, the Housing Element Update will be made available for a 30-day public review and comment period. Following the public comment period, the City will revise the draft and submit it to to HCD for initial review. HCD will have 90 days to review and comment on the draft. Following HCD review, the City will revise the Housing Element to respond to HCD comments, and will resubmit to the Planning Commission and City Council through additional public hearings. Following adoption of the revised Housing Element, the Adopted Housing Element will be submitted to HCD for a final 60-day review. The deadline for adoption of the Housing Element is December 15, 2023, though HCD allows a 120-grace period.

What has changed since the last Housing Element?
The 2023-2031 Housing Element builds upon on the previous Housing Element and works to respond to new State requirements. Key aspects of the Update include:
• Affirmatively Further Fair Housing (AFFH) chapter to be added based on new State requirements.
• Housing Needs chapter to be updated with new data to reflect conditions since the last update.
• Constraints to Housing chapter to be updated based on new state requirements, the City zoning code, and feedback from stakeholders and the community. • Sites Inventory to be updated based on building activity. • Goals, Policies, and Programs to be updated to respond to changing housing needs, new State laws, and findings in the AFFH analysis.

What is the Regional Housing Needs Allocation?
In the process of updating the Housing Element, each jurisdiction is required to accommodate its fair share of the regional housing need. The Regional Housing Needs Allocation (RHNA) is the process used to determine housing allocations for each jurisdiction. As part of the RHNA, HCD determines the total number of housing units needed for each region of the state. For Tulare County, the Tulare County Associations of Governments (TCAG) is then tasked with developing a methodology to determine the number of housing units for which each Tulare County jurisdiction is required to provide sites.

Under State law, the RHNA is assigned to the following four income categories:
· Very low household income
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· Low household income
· Moderate household income
· Above moderate household income
The household income for each of these categories is based on a percentage of the Area Median Income (AMI). The breakdown of these categories is shown in Table 1.

Table 1: Income Categories
Income Category Percent of AMI
Very Low <50 %
Low 51-80%
Moderate 81-120%
Above Moderate >120%
The City of Visalia’sRHNA requirement is shown in Table 2. Table 2 also illustrates that Visalia will be responsible for identifying housing sites that can support 770 more housing units than required in the 5th Cycle. Across the state, jurisdictions are facing similar challenges.

Table 2: 5th Cycle and 6th Cycle RHNA Comparison
Cycle Lower Moderate Above
Moderate
Total RHNA
Very LowLow
5th Cycle 2,616 1,931 1,802 3,672 10,021
6th Cycle 3,741 2,306 1,321 3,423 10,791
Change +1,125 +375 -481 -249 +770
Within the Housing Element, the City must provide an inventory of residentially-zones sites with sufficient capacity to meet the RHNA. The inventory and analysis of adequate sites is a labor- intensive and potentially controversial component of the Housing Element Update process. Visalia will need to evaluate General Plan land uses and the zoning ordinance to determine whether there is enough land available to accommodate the assigned RHNA allocation for each income category. If unable to accommodate the RHNA, Visalia will need to plan to rezone enough land to meet the RHNA obligation.

Why Update other General Plan Elements?
In addition to the Housing Element Update, the City will also be updating the Safety Element of the General Plan and preparing a new Environmental Justice Element to align with the updated Housing Element. Both Elements are required by State law to be updated (or prepared) when one or more Visalia City Council Printed on 9/16/2022Page 5 of 7
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10 File #: 22-0350 Agenda Date: 9/19/2022 Agenda #: 2.

Element. Both Elements are required by State law to be updated (or prepared) when one or more General Plan Elements are adopted.

The City will update the Safety Element background information, associated maps, and regulatory context for the following topics: soils, seismic, and other geologic hazards; flood hazards; fire hazards; hazardous materials and waste; aircraft hazards; and emergency response. The Safety Element will also be updated to discuss how it aligns with other General Plan elements, including the updated Housing Element. The Safety Element Update will include a Vulnerability Assessment and a Safety Element Policy Memorandum.

The City will prepare the Environmental Justice Element to include the goals, policies, and implementation programs in the following areas to promote healthy, diverse, and equitable communities: racial and social justice, environmental justice, civic engagement in the public decision- making process.

Housing Technical Advisory Committee:

As part of the update, a Housing Technical Advisory Committee (HTAC) has been assembled to provide oversight on the preparation of the Update, including the formation of goals, polices, and programs. Similar to the advisory committees assembled for the 2015 and 2019 Updates, the HTAC will be comprosed of an approximately 10-member panels comprosed of a Planning Commissioner and a spectrum of real estate, affordable housing, and homelessness representatives. A list of the organizations and representatives who have committed as of the date of this report, is included as Attachment 2.

Fiscal Impact:

None. The City received State and regional grants for this project. The City previously awarded a contract for the services including today’sjoint study session through a motion made on July 18, 2022.

Prior Council Action:
7/18/2022: Authorized the City Manager to award a contract with Mintier Harnish for an amount not to exceed $394,747 for the preparation of an update to the City of Visalia Housing Element, including optional tasks of updating the Safety Element and preparing an Environmental Justice Element.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

N/A
Environmental Assessment Status:

No environmental assessment required at this time. The adoption of the updated Elements will require CEQA documentation to be completed by City staff.

CEQA Review:

CEQA Review of the Housing Element is scheduled for consideration in the third and fourth quarter of Visalia City Council Printed on 9/16/2022Page 6 of 7
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2023.

Attachments:
1) PowerPoint presentation slides presented by Mintier Harnish for the Joint Study Session;
2) List of Advisory Committee Members
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12 Housing Element and
General Updates
City Council Work Session
September 19, 2022
1 13
2 Introductions
Brent Gibbons, AICP
Project Manager
Established in 1985
Planning and community
engagement specialists
Statewide leader in general
plans, housing elements, and
zoning
Experience on over 80
housing elements
Customized team
for this project
Ryan Lester
Housing Lead
14  Project Overview
 Housing Element Basics
 Regional Housing Needs Allocation (RHNA)
 Meeting Housing Needs
 Community Engagement
 Update Process
3 Presentation Outline
15 Project Overview
4 16
Kick-off Meeting/City Tour
City Council Meeting
Housing Technical Advisory Committee (HTAC)
Meeting #1
Community Workshop #1
Stakeholder Interviews
HTAC Meeting #2
Community Workshop #2:

Planning Commission and City Council Joint Study Session Planning Commission Study Session
City Council Study Session
Project
Initiation
Current
Phase
1 Housing Policy
Analysis and
Alternatives
Fall 2022
2 Admin. Draft
Housing
Element
Winter 2023
3 Public Review
Draft Housing
Element
May-June 2023
4 HCD Review
July-Sept. 2023
5 HTAC Meeting#3
Update Process
17 Public Hearings
Final Housing Element Transmittal to HCD
Vulnerability Assessment
Safety Technical Advisory Committee Meeting
Planning Commission and City Council Study Session
Community Workshop
Planning Commission and City Council Study
Session
Safety
Element Update
Apr. - Aug. 2023
6 CEQA
Compliance
Sept. and
Oct. 2023
8 Environmental
Justice
Element
Apr. - Aug. 2023
7 Review and
Adoption
Oct. - Dec. 2023
9 Update Process
18 Safety and Environmental Justice Updates
 Required when one or more General Plan Elements is
updated
 Reflect recent State laws and General Plan Guidelines  Ensure alignment with other Elements, including the
Housing Element Update
 Provide participatory community engagement
 Revise goals, policies, and programs, as necessary,
based on current conditions
7 19
Housing Element
Basics
8 20
 One of Seven Elements in
City’s General Plan
 Housing Element updates
required by State law
 Updates done on a schedule
prescribed by the State
9 Housing Element Basics
21 Housing Element:
 Provides an assessment of both current and future housing needs
 Identifies opportunities and constraints on housing production  Establishes goals, policies, and programs to meet these needs  Updates City practices and regulations to reflect new State laws 10 Housing Element Basics
22 Housing Element identifies strategies and programs that focus on:
 Conserving and improving existing affordable housing
 Maximizing housing opportunities throughout the community  Assisting in the provision of affordable housing
 Removing governmental and other constraints to housing investment  Promoting fair and equal housing opportunities
11 Housing Element Basics
23  Housing Needs Assessment
• Identifies current conditions and needs through 2031
 Constraints Analysis
• Identifies non-governmental and governmental constraints to housing production
• Examples of constraints include:
• Governmental: Restrictive development standards
• Non-governmental: High cost of land and construction
12 Housing Elements Sections
24  Housing Sites Inventory
• Inventory identifies sites proposed to meet City’s housing needs
• Needs to address:
• Housing for all income levels
• Housing to meet the special housing needs
 Affirmatively Furthering Fair Housing (AFFH)
 Policy Document: goals, policies, and programs
13 Housing Elements Sections
25  Affordable Housing Streamlined Approval Process: SB 35 (2017)  Additional Housing Element Sites Analysis Requirements: AB 879 (2017), AB 1397 (2017)
 Affirmatively Furthering Fair Housing: AB 686 (2017)
 No-Net-Loss Zoning: SB 166 (2017)
 Safety Element Update to Address Adaptation and Resiliency:

SB 1035 (2018)
 By-Right Transitional and Permanent Supportive Housing:

AB 2162 (2018), AB 101 (2019)
14 Relevant Legislation (partial)
26  Accessory Dwelling Units: AB 2299 (2016), SB 1069 (2016), AB 494 (2017), SB 229 (2019), SB 13 (2019), AB 670 (2019), AB 671 (2019)
 Density Bonus: AB 1763 (2019)
 Housing Crisis Act of 2019: SB 330 (2019)
 Surplus Land Act Amendments: AB 1486 (2019), AB 1255 (2019)  Housing Impact Fee Data: AB 1483 (2019)
 Emergency and Transitional Housing Act of 2019: AB 139 (2019)  Standardization of Sites Inventory Analysis and Reporting: SB 6 (2019)
 Evacuation Routes: SB 99 (2019), AB 747 (2019)
15 Relevant Legislation (partial)
27 Regional Housing
Needs Allocation
(RHNA)
16 28
 Prepared by the Tulare County Association of
Governments (TCAG)
 6th cycle: January 15, 2023 – January 15, 2031
17 What is RHNA?
TCAG
Housing
Element
Updates
RHNA
Determination
RHNA Methodology
29 Visalia
56 percent of
RHNA is for sites
that can
accommodate
lower-income
housing
18 RHNA
Lower
Moderate Above
Moderate Total RHNA
Very Low Low
3,741 2,306 1,321 3,423 10,791
30 19
RHNA Change Since Last Update
Cycle
Lower
Moderate Above
Moderate Total RHNA
Very Low Low
5th Cycle 2,616 1,931 1,802 3,672 10,021
6th Cycle 3,741 2,306 1,321 3,423 10,791
Change +1,125 +375 -481 -249 +770
Cycle
Lower
Moderate Above Moderate
Very Low Low
5th Cycle 26.1% 19.2% 17.9% 36.6%
6th Cycle 34.7% 21.4% 12.2% 31.7%
TCAG, Final Regional Housing Needs Plan, August 2022
31 Meeting Housing
Needs
20 32
A range of approaches, which could include:
 Reduce constraints to housing production
 Provide additional support to housing programs
 Update City regulations to meet State requirements
 Identify additional housing sites
 Modify the densities allowed on housing sites
21 How Do We Meet RHNA
33 This analysis needs to identify capacity for 10,791 housing units in various income levels.
 Determine existing potential sites (projects, vacant, and underutilized)
 Identify constraints on development (physical and
regulatory)
 Determine remaining balance
 May need to identify additional sites for multi-family/higher density housing for the very low- and low-income levels 22 Site Selection and Analysis
34 23
Siting Analysis Example:
2015 – 2023 Housing Element
35 24
Siting Analysis Example:
2015 – 2023 Housing Element
36 Community
Engagement
25 37
 City Council / Planning Commission Study Sessions (2)  Housing TAC Meetings (3)
 Community Workshops (2)
 Planning Commission Meetings / Hearings (1)
 City Council Meetings / Hearings (1)
26 Engagement Events
38  Workshop 1 Housing Concerns and Needs
 Workshop 2 Vacant and Underutilized Sites
Assessment
 Further workshops planned for the Safety Element and
Environmental Justice Element
27 Community Workshops
39  Branding and logo
 Newsletters
 Website
 Social media outreach
 Work with local groups
 Virtual Events (Zoom, etc.)
 Online surveys / interactions
 Joint Study Sessions / Hearings
28 Ways for Public to Participate
40  Website will host information and activities designed to inform and educate the community
• What is required in a Housing Element?
• What is RHNA?
• Housing terms (e.g., density, housing units, missing middle housing)
• Project schedule
• Providing input on housing sites and policies/programs 29 Public Education
41 Newsletter #1:

Housing Element Overview
Available now: housevisalia.com
Newsletter #2:

Public Review Draft Housing
Element
30 Newsletters
42 31
Housevisalia.com
43  The Housing Element Technical Advisory
Committee (HTAC) will help address topics that are
important to the development of the Housing Element
 Provide a consistent “sounding board” throughout the
development of the Element
 HTAC is in the process of being formed with city staff coordinating the effort to send out invitations.

HTAC
32 44
Next Steps
33 45
 Data collection and assessment
 Review status of existing goals, policies, and programs  Prepare and conduct Community Workshop #1
(Housing Concerns and Needs)
 Work on housing sites identification
34 Next Steps
46 Brandon Smith
Principal Planner,
City of Visalia
[email protected]
35 City’s Project Manager
47 Open Discussion
36 48
Housing Element Update
Technical Advisory Committee
Member List

• Mary Beattie Visalia Planning Commission
• Mary Alice Escarsega C-SET
• Ken Kugler Housing Authority of Tulare County
• Betsy McGovern-Garcia Self-Help Enterprises
• Miguel Perez Kings Tulare Homeless Alliance
• Machael Smith RH Community Builders
• Royce Stuteville Central California Legal Services
• Brett Taylor Tulare County Association of Realtors
• Scott Travis Building Industry Association of Tulare & Kings Counties • Noah Whitaker Tulare County Health & Human Services Agency

49 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0312 Agenda Date: 9/19/2022 Agenda #: 1.

Agenda Item Wording:

Appropriate $50,000 annually from the General Fund for the next two years (FY 22/23 & 23/24) for the ongoing clean-up of the St. Johns River.

Deadline for Action: 9/19/2022
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that City Council appropriate $50,000 annually for the next two years (FY 22/23 & 23/24) to perform clean-up and address the impacts of large-scale camps along the St. Johns River.

The creation of this CIP will enable staff to track expenditures on equipment and staff time allocated to large scale clean ups of the St. Johns River area. The appropriation for future years will be requested during the bi-annual budget process.

Background Discussion:

In December of 2020 and March of 2021, large scale cleanups to address the impacts of camps along the river were conducted along the riverbed and the banks of the St. Johns River. After the work was completed, a Code Enforcement Technician was assigned to conduct full time waterway inspections. The Code Enforcement (CE) Technician is responsible for the enforcement and protection of riparian areas with an emphasis on preventing large encampments from establishing within these restricted riparian setback areas along community waterways.

The CE Technician covers 45.26 miles of waterway areas and is in constant contact with individuals informing them that they cannot use the riparian areas for camping and/or loitering. This often results in the CE Technician issuing trespassing warnings, removal of small amounts of trash, and backfilling small holes within the riparian areas. As a result of having a CE Technician assigned to these areas, it has led to a reduction of large-scale problems from reoccurring. However, there have been a few situations that have occurred where the damage and/or debris in the waterway areas cannot be easily rectified by the CE Technician or Code Enforcement staff. When a situation occurs that cannot be remedied by Code Enforcement staff, it has become necessary to perform the work and repairs with multiple divisions/staff members resulting in the need to use smaller scale heavy equipment. In addition, the fund created for this project will be used to pay for disposal fees for items and debris removed and to reimburse departments for the work and equipment used for these cleanups.

If approved, the CIP for St. John’sriparian area cleanups will only be utilized when necessary and will also allow staff to have a clearer picture on the amount of money and time being utilized to resolve Visalia City Council Printed on 9/16/2022Page 1 of 2
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50 File #: 22-0312 Agenda Date: 9/19/2022 Agenda #: 1.
issues along this community waterway.

Fiscal Impact:

A total of $50,000 annually for the next two years (FY 22/23 & 23/24) is being requested for the establishment of a CIP from the General Fund.

Prior Council Action:
· On November 2, 2020, the City Council authorized the appropriation of $160,000 to hire a contractor to conduct a onetime health/sanitation project cleanup to clear trash, debris, and makeshift structures from the banks and riverbed of the St. Johns River. A portion of the monies allocated for this cleanup were used for dump fees to dispose of the debris that was removed from the St. Johns River area.
· On February 16, 2021, the City Council appropriated $80,000 from the General Fund to address the impacts from the camps along the St. Johns River.

Other: N/A
Alternatives:

Staff can continue to complete small clean-ups of the river and return to Council for funding requests when large scale cleanups are necessary, without creating an account.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the appropriation of $50,000 for ongoing clean-up and to address the impacts occurring along the St. Johns River for FY 22/23 & 23/24.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: None.

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51 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0349 Agenda Date: 9/19/2022 Agenda #: 2.

Agenda Item Wording:

Accept the City of Visalia Cash and Investment Report for the fourth quarter of the fiscal year which consists of months April, May, and June 2022.

Deadline for Action: 9/19/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Jason Montgomery, 4425
Department Recommendation:

Staff recommends that Council accept the City of Visalia Cash and Investment Report for the fourth quarter of the fiscal year which consists of months April, May, and June 2022.

Background Discussion:

Introduction
The City accumulates significant cash assets before they are spent on a variety of governmental operations.

For example, several large capital projects have accumulated substantial cash as they approach the start of the projects in the near future, or in some cases, have already begun. Some of these projects are Cape Seal of various streets and the major rehabs of the 198/Akers interchange and Caldwell Avenue from Akers to Shady.

The quarterly investment report is intended to inform the City Council and community about the status of City investments, and holds staff accountable for the investment and management of these funds.

City Investment Policy
The City’sinvestments are diversified by the various maturities and credit types which are allowed under the City’sInvestment Policy and California Government Code Section 53600 et seq. It is the policy of the City to invest public funds in a manner which will provide the greatest security with the maximum investment return while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds.

The City continues to be conservative and prudent with the investment objectives, which in order of priority is safety, liquidity, and yield, while maintaining compliance with federal, state, and local laws and regulations.

These investments will enable the City to meet expenditure requirements for the next six months, as required by state law.

Economic Outlook
At June 30, 2022, the national unemployment rate remained at 3.6%. The Consumer Price Index climbed to

9.06%, a continued increase from the March 2022 rate of 8.54%. At its July 27, 2022 meeting, the Federal Visalia City Council Printed on 9/16/2022Page 1 of 7
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52 File #: 22-0349 Agenda Date: 9/19/2022 Agenda #: 2.

Open Market Committee (FOMC) raised the Federal Funds Rate (the rate at which institutions borrow and lend overnight funds to each other) by 75 basis points to the current range of 2.25% to 2.50% as they stated, “Although recent indicators of spending and production have softened, job gains have been robust in recent months, and the unemployment rate has remained low. Inflation remains elevated, due to supply chain issues and higher prices for food and energy.”
Movements of the Federal Funds Rate are closely linked to Treasury Security rates; as the Federal Funds Rate increases, typically so do Treasury Security rates. Treasury Securities are investments that the City can purchase and are key benchmarks for other financial assets that the City can purchase (i.e.: Federal Agency’s). Table 1 shows the rate comparison of the Federal Funds Rate and short term Treasury Securities between the third and fourth quarter of the current fiscal year and currently. Rates have been increasing across all maturity ranges. The City has continued to remain laddered across all maturities to ensure funds are available for future increases anticipated to be implemented by the FOMC.

March 2022
(3rd Quarter)
June 2022
(4th Quarter)
September 7, 2022
(Current)
Federal Funds Rate 0.25% - 0.50% 1.50% - 1.75% 2.25% - 2.50% 6 month Treasury 1.01% 2.46% 3.43%
1 year Treasury 1.60% 2.74% 3.58%
2 year Treasury 2.33% 2.95% 3.43%
3 year Treasury 2.51% 3.01% 3.49%
4 year Treasury 2.49% 3.02% 3.42%
5 year Treasury 2.46% 3.04% 3.36%
Table 1
Portfolio Performance
The June 30, 2022 investment portfolio managed balance was $463,694,147.

The earnings rate as of June 30, 2022 was 1.29%. Key benchmarks and performance statistics for the City’s portfolio are shown in Table II, Managed Portfolio Performance Statistics.

Table II: Managed Portfolio Performance Statistics (dollars in millions) Quarter Ending Portfolio Balance
City Monthly
Portfolio Rate

LAIF & CAMP
Balance LAIF Rate
2 YR
Treasury
Weighted Average
Maturity (WAM)
March 2022 $426.2 0.98% $73.0 0.29% 2.33% 622 Days
June 2022 $463.7 1.29% $72.2 0.69% 2.95% 646 Days
Fiscal Year Average
2021/2022 $418.6 0.89% 0.32%
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Future Management
The City manages the portfolio partly by considering the weighted average maturity (WAM) based upon management’sexpectations for rising, neutral or declining interest rates. Usually, the longer an investment’s maturity, the higher the interest rate will be. However, the longer the maturity, the more at risk the portfolio is to market gains or losses due to interest rate changes.

As a result, the City has a target WAM based upon expected interest rate environments as shown on Table III, Target Weighted Average Maturity (WAM) Based on Interest Rate Expectations.

Forecasted Interest
Rate Environment
Target WAM
(Years)
Rising 0.50
Neutral 1.50
Declining 2.50
Table III
Target Weighted Average Maturity (WAM)
Based Upon Interest Rate Expectations
At the end of June 30, 2022, the portfolio WAM was 646 days or 1.77 years.

Charts I and II show the portfolio ladder and distribution as of June 30, 2022.

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54 File #: 22-0349 Agenda Date: 9/19/2022 Agenda #: 2.

Chart I
Maturity Ladder
· Note: Percent above each bar represents the average interest earnings rate for that maturity level Chart II
Maturity Distribution

16.3%

22.7%

21.3%

15.2%

12.8%

11.6% 0.1%

LAIF & CAMP
1 Year and Under
1 - 2 Years
2 - 3 Years
3 - 4 Years
4 - 5 Years
5+ Years
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Table IV: 4th Quarter Investment Activity, shows investment activity for the quarter (April 2022 - June 2022).

Table IV: 4th Quarter Investment Activity

TYPE YIELD COUPONAMOUNT MATURITY DATE

PURCHASE
DATE
Maturities
CA ST High Speed Passenger Train Muni 2.25% 2.37% 2,000,000 04/01/2022 04/27/2017 CA ST High Speed Passenger Train Muni 2.65% 2.37% 3,255,000 04/01/2022 02/28/2019 CA ST High Speed Passenger Train Muni 2.60% 2.37% 1,500,000 04/01/2022 03/15/2019 CA ST Muni 1.85% 2.35% 2,000,000 04/01/2022 06/27/2019 Federal National Mortgage Assn. Agency 1.96% 1.88% 2,000,000 04/05/2022 05/09/2017 Toyota Motor Credit Corp. Corporate2.80% 2.65% 1,551,000 04/12/2022 03/27/2020 U.S. Bank NA Corporate0.94% 2.65% 2,000,000 05/23/22(Fully Called 04/22/22)05/01/2020 California St. Department of Water Muni 2.78% 2.00% 2,000,000 05/01/2022 08/21/2018 Federal Farm Credit Agency 0.14% 0.25% 3,000,000 05/06/2022 09/29/2020 U.S. Bancorp Corporate0.57% 2.95% 2,000,000 07/15/22(Fully Called 06/15/22)06/23/2020 Federal Farm Credit Agency 0.12% 1.48% 1,625,000 06/29/2022 03/16/2021 22,931,000
Purchases
Federal Farm Credit Agency 1.65% 0.13% 2,000,000 02/03/2023 04/07/2022 Federal Home Loan Bank Agency 2.70% 1.25% 5,000,000 12/21/2026 04/07/2022 Federal Farm Credit Agency 2.75% 2.75% 5,000,000 04/25/2025 04/25/2022 Amazon.Com Inc. Corporate3.38% 3.38% 5,000,000 04/13/2027 04/25/2022 Federal Farm Credit Agency 2.88% 2.88% 5,000,000 04/26/2027 04/26/2022 Sacramento County Sanitation District Muni 2.75% 0.76% 1,500,000 12/01/2023 04/26/2022 CA ST Muni 3.18% 2.65% 1,320,000 04/01/2026 04/26/2022 Santa Clara County Muni 2.73% 2.00% 6,535,000 08/01/2024 04/29/2022 Citigroup Corporate3.35% 3.35% 5,000,000 04/29/2024 04/29/2022 Bank of America Corporate3.10% 3.10% 3,000,000 04/29/2024 04/29/2022 Fremont Unified School District Muni 3.30% 0.83% 5,470,000 08/01/2026 05/05/2022 Federal Home Loan Mortgage Corp. Agency 2.07% 0.38% 5,000,000 04/20/2023 05/11/2022 Upper Santa Clara Valley Joint Powers Auth.Muni 3.43% 1.18% 3,700,000 08/01/2026 05/13/2022 Citigroup Corporate4.00% 4.00% 5,000,000 05/13/2025 05/13/2022 Citigroup Corporate4.75% 4.75% 3,000,000 06/30/2025 06/30/2022 San Jose Unified School District Muni 3.55% 3.37% 2,205,000 08/01/2026 06/30/2022 63,730,000
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TYPE YIELD COUPONAMOUNT MATURITY DATE

PURCHASE
DATE
Maturities
CA ST High Speed Passenger Train Muni 2.25% 2.37% 2,000,000 04/01/2022 04/27/2017 CA ST High Speed Passenger Train Muni 2.65% 2.37% 3,255,000 04/01/2022 02/28/2019 CA ST High Speed Passenger Train Muni 2.60% 2.37% 1,500,000 04/01/2022 03/15/2019 CA ST Muni 1.85% 2.35% 2,000,000 04/01/2022 06/27/2019 Federal National Mortgage Assn. Agency 1.96% 1.88% 2,000,000 04/05/2022 05/09/2017 Toyota Motor Credit Corp. Corporate2.80% 2.65% 1,551,000 04/12/2022 03/27/2020 U.S. Bank NA Corporate0.94% 2.65% 2,000,000 05/23/22(Fully Called 04/22/22)05/01/2020 California St. Department of Water Muni 2.78% 2.00% 2,000,000 05/01/2022 08/21/2018 Federal Farm Credit Agency 0.14% 0.25% 3,000,000 05/06/2022 09/29/2020 U.S. Bancorp Corporate0.57% 2.95% 2,000,000 07/15/22(Fully Called 06/15/22)06/23/2020 Federal Farm Credit Agency 0.12% 1.48% 1,625,000 06/29/2022 03/16/2021 22,931,000
Purchases
Federal Farm Credit Agency 1.65% 0.13% 2,000,000 02/03/2023 04/07/2022 Federal Home Loan Bank Agency 2.70% 1.25% 5,000,000 12/21/2026 04/07/2022 Federal Farm Credit Agency 2.75% 2.75% 5,000,000 04/25/2025 04/25/2022 Amazon.Com Inc. Corporate3.38% 3.38% 5,000,000 04/13/2027 04/25/2022 Federal Farm Credit Agency 2.88% 2.88% 5,000,000 04/26/2027 04/26/2022 Sacramento County Sanitation District Muni 2.75% 0.76% 1,500,000 12/01/2023 04/26/2022 CA ST Muni 3.18% 2.65% 1,320,000 04/01/2026 04/26/2022 Santa Clara County Muni 2.73% 2.00% 6,535,000 08/01/2024 04/29/2022 Citigroup Corporate3.35% 3.35% 5,000,000 04/29/2024 04/29/2022 Bank of America Corporate3.10% 3.10% 3,000,000 04/29/2024 04/29/2022 Fremont Unified School District Muni 3.30% 0.83% 5,470,000 08/01/2026 05/05/2022 Federal Home Loan Mortgage Corp. Agency 2.07% 0.38% 5,000,000 04/20/2023 05/11/2022 Upper Santa Clara Valley Joint Powers Auth.Muni 3.43% 1.18% 3,700,000 08/01/2026 05/13/2022 Citigroup Corporate4.00% 4.00% 5,000,000 05/13/2025 05/13/2022 Citigroup Corporate4.75% 4.75% 3,000,000 06/30/2025 06/30/2022 San Jose Unified School District Muni 3.55% 3.37% 2,205,000 08/01/2026 06/30/2022 63,730,000
Fiscal Impact:
n/a
Prior Council Action: City of Visalia Cash and Investment Reports are reviewed and accepted quarterly.

Other: n/a
Alternatives: n/a
Recommended Motion (and Alternative Motions if expected):

Move to accept the City of Visalia Cash and Investment Report for the fourth quarter of the fiscal year which consist of months April, May, and June 2022.

Environmental Assessment Status: n/a
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57 File #: 22-0349 Agenda Date: 9/19/2022 Agenda #: 2.

CEQA Review: n/a
Attachments: Attachment #1, City of Visalia Cash and Investment Summary Attachment #2, City of Visalia Investment Report by Maturity Date
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58 Attachment #1

% of
Security Investments Par Value Book Value Market Value Portfolio Yield Medium-Term Corporate Bonds 94,375,000$ 91,656,534$ 91,656,534$ 19.77% Agency's 162,611,000 157,634,651 157,634,651 34.00% U.S. Treasury's 56,000,000 54,159,480 54,159,480 11.68% Municipal Bonds 88,190,000 84,167,833 84,167,833 18.15% Total Security Investments 401,176,000$ 387,618,498$ 387,618,498$ 83.59% Other Investments
Local Agency Investment Fund (LAIF) 42,847,800$ 42,847,800$ 42,847,800$ 9.24% Local Agency Investment Fund (LAIF) - COVID 29,396,210 29,396,210 29,396,210 6.34% California Asset Management Program (CAMP) 3,518,177 3,518,177 3,518,177 0.76% Local Bonds 313,462 313,462 313,462 0.07% Total Other Investments 76,075,649$ 76,075,649$ 76,075,649$ 16.41% Total Investments 477,251,649$ 463,694,147$ 463,694,147$ 100.0% 1.29% Cash with Fiscal Agents
US Bank 2014 COP (Convention Center Refinancing) 2$
US Bank 2015 COP (VECC Loan) 8,685
US Bank 2003 East Visalia RDA 495,207
US Bank - Custodial Account 39,375
Delta Dental (Dental Prefunding) - estimate 60,700
Vision (Vision Prefunding) - estimate 11,210
Keenan & Associates (Workers Comp Prefunding) 316,554
Total Cash with Fiscal Agents 931,733$
Cash in Banks and Other Cash
Citizens Business Bank (Sweep and Operating)-estimate 11,019,353$ Petty Cash - Various City Offices 11,700
Total Cash in Banks and Other Cash 11,031,053$
Total Cash and Investments 475,656,933$
City of Visalia
Cash and Investment Summary
Quarter Ended June 30, 2022
59 Attachment #2

Investments Type Par Value Book Value Market Value Coupon Yield % of
Portfolio Maturity
S&P/Moody's
Credit Rating
Days to
Maturity
Wells Fargo & Company Corporate 3,000,000.00$ 3,000,300.00$ 3,000,300.00$ 2.63% 1.60% 0.65% 07/22/22 BBB+ 22 Suntrust Bank - Atlanta Corporate 3,000,000.00$ 3,000,000.00$ 3,000,000.00$ 2.45% 0.19% 0.65% 08/01/22 A 32 Federal National Mortgage Association Agency 3,000,000.00$ 2,997,930.00$ 2,997,930.00$ 1.38% 0.16% 0.65% 09/06/22 AA+ 68 JP Morgan Chase Co. Corporate 1,100,000.00$ 1,101,705.00$ 1,101,705.00$ 3.25% 1.92% 0.24% 09/23/22 A- 85 CA State Muni 2,000,000.00$ 2,002,660.00$ 2,002,660.00$ 2.50% 2.78% 0.43% 10/01/22 AA- 93 CA State Muni 2,250,000.00$ 2,252,992.50$ 2,252,992.50$ 2.50% 0.95% 0.49% 10/01/22 AA- 93 Federal National Mortgage Association Agency 2,000,000.00$ 1,999,060.00$ 1,999,060.00$ 2.00% 2.03% 0.43% 10/05/22 AA+ 97 Federal Farm Credit Agency 3,000,000.00$ 2,985,000.00$ 2,985,000.00$ 0.16% 0.16% 0.64% 10/13/22 AA+ 105 Toyota Motor Credit Corporate 3,000,000.00$ 2,989,470.00$ 2,989,470.00$ 0.35% 0.18% 0.64% 10/14/22 A+ 106 Federal Farm Credit Agency 2,000,000.00$ 2,001,500.00$ 2,001,500.00$ 2.33% 2.34% 0.43% 10/18/22 AA+ 110 CA State Muni 3,000,000.00$ 3,007,140.00$ 3,007,140.00$ 3.00% 0.25% 0.65% 11/01/22 AA- 124 Federal Home Loan Bank Agency 2,000,000.00$ 2,001,720.00$ 2,001,720.00$ 2.50% 2.21% 0.43% 12/09/22 AA+ 162 Federal Home Loan Bank Agency 2,000,000.00$ 2,006,060.00$ 2,006,060.00$ 3.00% 2.64% 0.43% 12/09/22 AA+ 162 U.S. Bank NA Corporate 3,000,000.00$ 2,984,550.00$ 2,984,550.00$ 1.95% 1.42% 0.64% 01/09/23 AA- 193 Bank of America Corporate 3,000,000.00$ 3,004,800.00$ 3,004,800.00$ 3.30% 2.00% 0.65% 01/11/23 A- 195 U.S. Treasury Treasury 2,000,000.00$ 1,987,500.00$ 1,987,500.00$ 1.50% 0.09% 0.43% 01/15/23 Aaa 199 Federal Farm Credit Agency 2,000,000.00$ 1,970,840.00$ 1,970,840.00$ 0.13% 1.65% 0.43% 02/03/23 AA+ 218 U.S. Treasury Treasury 2,000,000.00$ 1,992,340.00$ 1,992,340.00$ 2.00% 0.11% 0.43% 02/15/23 Aaa 230 U.S. Treasury Treasury 2,000,000.00$ 1,966,020.00$ 1,966,020.00$ 0.13% 0.15% 0.42% 02/28/23 Aaa 243 Caterpillar Financial Service Corporate 2,575,000.00$ 2,561,610.00$ 2,561,610.00$ 2.63% 0.55% 0.55% 03/01/23 A 244 Federal Home Loan Bank Agency 2,000,000.00$ 1,997,300.00$ 1,997,300.00$ 2.50% 2.71% 0.43% 03/10/23 AA+ 253 U.S. Treasury Treasury 2,000,000.00$ 1,968,900.00$ 1,968,900.00$ 0.50% 0.11% 0.42% 03/15/23 Aaa 258 Federal Farm Credit Agency 2,000,000.00$ 1,998,620.00$ 1,998,620.00$ 2.70% 2.72% 0.43% 04/11/23 AA+ 285 WalMart Inc. Corporate 1,000,000.00$ 999,970.00$ 999,970.00$ 2.55% 0.52% 0.22% 04/11/23 AA 285 U.S. Treasury Treasury 2,000,000.00$ 1,959,760.00$ 1,959,760.00$ 0.25% 0.12% 0.42% 04/15/23 Aaa 289 Federal Home Loan Mortgage Corporation Agency 5,000,000.00$ 4,900,650.00$ 4,900,650.00$ 0.38% 2.07% 1.06% 04/20/23 AA+ 294 Bank of New York Mellon Corp. Corporate 1,000,000.00$ 1,004,220.00$ 1,004,220.00$ 3.50% 0.55% 0.22% 04/28/23 A 302 U.S. Treasury Treasury 2,000,000.00$ 1,955,000.00$ 1,955,000.00$ 0.13% 0.20% 0.42% 04/30/23 Aaa 304 U.S. Treasury Treasury 2,000,000.00$ 1,979,760.00$ 1,979,760.00$ 1.63% 0.16% 0.43% 04/30/23 Aaa 304 Federal Farm Credit Agency 2,000,000.00$ 2,004,960.00$ 2,004,960.00$ 3.00% 2.73% 0.43% 05/02/23 AA+ 306 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,957,460.00$ 1,957,460.00$ 0.38% 1.24% 0.42% 05/05/23 AA+ 309 Federal Home Loan Mortgage Corporation Agency 3,000,000.00$ 2,936,190.00$ 2,936,190.00$ 0.38% 1.17% 0.63% 05/05/23 AA+ 309 U.S. Treasury Treasury 2,000,000.00$ 1,980,460.00$ 1,980,460.00$ 1.75% 0.14% 0.43% 05/15/23 Aaa 319 University of California Revenue Muni 4,360,000.00$ 4,256,144.80$ 4,256,144.80$ 0.37% 1.70% 0.92% 05/15/23 AA- 319 Federal National Mortgage Association Agency 2,200,000.00$ 2,149,906.00$ 2,149,906.00$ 0.25% 0.68% 0.46% 05/22/23 AA+ 326 Federal Farm Credit Agency 2,000,000.00$ 1,957,600.00$ 1,957,600.00$ 0.38% 1.25% 0.42% 05/23/23 AA+ 327 Federal Farm Credit Agency 3,000,000.00$ 2,936,400.00$ 2,936,400.00$ 0.38% 1.20% 0.63% 05/23/23 AA+ 327 U.S. Treasury Treasury 2,000,000.00$ 1,950,460.00$ 1,950,460.00$ 0.13% 0.21% 0.42% 05/31/23 Aaa 335 U.S. Treasury Treasury 2,000,000.00$ 1,977,180.00$ 1,977,180.00$ 1.63% 0.18% 0.43% 05/31/23 Aaa 335 Federal Home Loan Bank Agency 2,000,000.00$ 1,948,880.00$ 1,948,880.00$ 0.13% 0.16% 0.42% 06/02/23 AA+ 337 Federal Farm Credit Agency 3,000,000.00$ 2,930,640.00$ 2,930,640.00$ 0.35% 0.54% 0.63% 06/08/23 AA+ 343 U.S. Treasury Treasury 2,000,000.00$ 1,949,140.00$ 1,949,140.00$ 0.25% 0.15% 0.42% 06/15/23 Aaa 350 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,995,300.00$ 1,995,300.00$ 2.75% 0.16% 0.43% 06/19/23 AA+ 354 Federal Home Loan Mortgage Corporation Agency 3,000,000.00$ 2,992,950.00$ 2,992,950.00$ 2.75% 0.52% 0.65% 06/19/23 AA+ 354 Federal Home Loan Mortgage Corporation Agency 2,965,000.00$ 2,885,775.20$ 2,885,775.20$ 0.25% 0.19% 0.62% 06/26/23 AA+ 361 U.S. Bank NA Corporate 2,000,000.00$ 1,998,320.00$ 1,998,320.00$ 3.40% 1.05% 0.43% 07/24/23 AA- 389 U.S. Treasury Treasury 2,000,000.00$ 1,940,000.00$ 1,940,000.00$ 0.13% 0.24% 0.42% 07/31/23 Aaa 396 CA State Muni 2,940,000.00$ 2,950,907.40$ 2,950,907.40$ 3.40% 3.05% 0.64% 08/01/23 AA- 397 San Diego Community College District Muni 3,375,000.00$ 3,340,372.50$ 3,340,372.50$ 2.00% 0.43% 0.72% 08/01/23 AAA 397 Bank of New York Mellon Corp. Corporate 1,000,000.00$ 1,002,530.00$ 1,002,530.00$ 3.45% 1.87% 0.22% 08/11/23 A 407 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,939,420.00$ 1,939,420.00$ 0.25% 0.20% 0.42% 08/24/23 AA+ 420 Federal Home Loan Bank Agency 3,000,000.00$ 2,909,760.00$ 2,909,760.00$ 0.13% 0.22% 0.63% 08/28/23 AA+ 424 Federal Home Loan Bank Agency 3,000,000.00$ 2,900,820.00$ 2,900,820.00$ 0.13% 0.22% 0.63% 09/08/23 AA+ 435 Federal Home Loan Bank Agency 2,000,000.00$ 1,987,720.00$ 1,987,720.00$ 2.38% 1.58% 0.43% 09/08/23 AA+ 435 Federal National Mortgage Association Agency 2,000,000.00$ 1,999,820.00$ 1,999,820.00$ 2.88% 2.36% 0.43% 09/12/23 AA+ 439 Federal Farm Credit Agency 2,500,000.00$ 2,419,650.00$ 2,419,650.00$ 0.22% 0.25% 0.52% 09/22/23 AA+ 449 U.S. Treasury Treasury 2,000,000.00$ 1,934,060.00$ 1,934,060.00$ 0.25% 0.26% 0.42% 09/30/23 Aaa 457 CA State Muni 2,000,000.00$ 1,980,220.00$ 1,980,220.00$ 2.25% 3.15% 0.43% 10/01/23 AA- 458 CA State Muni 2,500,000.00$ 2,475,275.00$ 2,475,275.00$ 2.25% 1.00% 0.53% 10/01/23 AA- 458 Federal Farm Credit Agency 3,000,000.00$ 2,899,020.00$ 2,899,020.00$ 0.29% 0.64% 0.63% 10/12/23 AA+ 469 Federal Home Loan Mortgage Corporation Agency 3,000,000.00$ 2,893,710.00$ 2,893,710.00$ 0.13% 0.46% 0.62% 10/16/23 AA+ 473 CA State Muni 1,500,000.00$ 1,498,260.00$ 1,498,260.00$ 3.00% 0.35% 0.32% 11/01/23 AA- 489 Federal Home Loan Mortgage Corporation Agency 3,000,000.00$ 2,893,950.00$ 2,893,950.00$ 0.25% 1.39% 0.62% 11/06/23 AA+ 494 Bristol-Myers Squibb Co. Corporate 3,000,000.00$ 2,895,240.00$ 2,895,240.00$ 0.54% 0.19% 0.62% 11/13/23 A+ 501 U.S. Treasury Treasury 2,000,000.00$ 1,927,340.00$ 1,927,340.00$ 0.25% 0.65% 0.42% 11/15/23 Aaa 503 Federal Farm Credit Agency 3,000,000.00$ 2,904,210.00$ 2,904,210.00$ 0.55% 0.75% 0.63% 11/24/23 AA+ 512 Federal National Mortgage Association Agency 2,200,000.00$ 2,119,810.00$ 2,119,810.00$ 0.25% 0.90% 0.46% 11/27/23 AA+ 515 U.S. Treasury Treasury 2,000,000.00$ 1,932,040.00$ 1,932,040.00$ 0.50% 0.66% 0.42% 11/30/23 Aaa 518 Sacramento County Sanatation District Muni 1,500,000.00$ 1,452,855.00$ 1,452,855.00$ 0.76% 2.75% 0.31% 12/01/23 AA 519 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,924,380.00$ 1,924,380.00$ 0.25% 0.21% 0.42% 12/04/23 AA+ 522 Federal Home Loan Bank Agency 2,000,000.00$ 2,010,500.00$ 2,010,500.00$ 3.38% 2.68% 0.43% 12/08/23 AA+ 526 U.S. Treasury Treasury 2,000,000.00$ 1,919,060.00$ 1,919,060.00$ 0.13% 0.67% 0.41% 12/15/23 Aaa 533 Federal Home Loan Bank Agency 3,000,000.00$ 2,898,930.00$ 2,898,930.00$ 0.63% 0.75% 0.63% 12/22/23 AA+ 540 U.S. Treasury Treasury 2,000,000.00$ 1,990,000.00$ 1,990,000.00$ 2.63% 0.68% 0.43% 12/31/23 Aaa 549 City of Oakland Muni 3,435,000.00$ 3,342,735.90$ 3,342,735.90$ 1.58% 1.56% 0.72% 01/15/24 AA 564 Bank of America Corporate 3,000,000.00$ 3,032,010.00$ 3,032,010.00$ 4.13% 0.44% 0.65% 01/22/24 A- 571 U.S. Bancorp Corporate 2,500,000.00$ 2,511,575.00$ 2,511,575.00$ 3.70% 1.32% 0.54% 01/30/24 A+ 579 City of Visalia
Investment Report
By Maturity Date
06/30/2022
60 City of Visalia
Investment Report
By Maturity Date
06/30/2022 (cont.)

Federal National Mortgage Association Agency 2,000,000.00$ 1,985,820.00$ 1,985,820.00$ 2.50% 1.76% 0.43% 02/05/24 AA+ 585 Federal Farm Credit Agency 2,000,000.00$ 1,916,560.00$ 1,916,560.00$ 0.25% 0.29% 0.41% 02/26/24 AA+ 606 Federal Home Loan Bank Agency 2,000,000.00$ 1,963,120.00$ 1,963,120.00$ 1.88% 1.46% 0.42% 03/08/24 AA+ 617 Federal Farm Credit Agency 2,000,000.00$ 1,915,780.00$ 1,915,780.00$ 0.30% 0.31% 0.41% 03/18/24 AA+ 627 Citigroup Corporate 5,000,000.00$ 4,964,150.00$ 4,964,150.00$ 3.35% 3.35% 1.07% 04/29/24 A 669 Bank of America Corporate 3,000,000.00$ 2,872,890.00$ 2,872,890.00$ 3.10% 3.10% 0.62% 04/29/24 A- 669 Federal Home Loan Bank Agency 2,000,000.00$ 1,992,820.00$ 1,992,820.00$ 2.88% 1.85% 0.43% 06/14/24 AA+ 715 Toyota Motor Credit Corporate 3,000,000.00$ 2,820,240.00$ 2,820,240.00$ 0.50% 0.59% 0.61% 06/14/24 A+ 715 Federal Home Loan Mortgage Corporation Agency 3,750,000.00$ 3,556,800.00$ 3,556,800.00$ 0.38% 0.38% 0.77% 06/28/24 AA+ 729 Federal National Mortgage Association Agency 2,000,000.00$ 1,954,820.00$ 1,954,820.00$ 1.75% 1.68% 0.42% 07/02/24 AA+ 733 American Honda Finance Corp. Corporate 2,500,000.00$ 2,347,975.00$ 2,347,975.00$ 0.55% 0.71% 0.51% 07/12/24 A- 743 Santa Clara County Muni 6,535,000.00$ 6,381,819.60$ 6,381,819.60$ 2.00% 2.73% 1.38% 08/01/24 AAA 763 Federal Home Loan Bank Agency 2,000,000.00$ 1,936,960.00$ 1,936,960.00$ 1.50% 1.45% 0.42% 08/15/24 AA+ 777 City of Berkeley Muni 800,000.00$ 802,672.00$ 802,672.00$ 3.50% 1.95% 0.17% 09/01/24 AA+ 794 Federal Home Loan Bank Agency 2,000,000.00$ 1,991,720.00$ 1,991,720.00$ 2.88% 1.64% 0.43% 09/13/24 AA+ 806 Toyota Motor Credit Corporate 3,000,000.00$ 2,818,500.00$ 2,818,500.00$ 0.63% 1.04% 0.61% 09/13/24 A+ 806 Federal National Mortgage Association Agency 3,000,000.00$ 2,907,120.00$ 2,907,120.00$ 1.63% 0.75% 0.63% 10/15/24 AA+ 838 Bank of New York Mellon Corp. Corporate 3,000,000.00$ 2,902,950.00$ 2,902,950.00$ 2.10% 0.52% 0.63% 10/24/24 A 847 Bank of New York Mellon Corp. Corporate 3,000,000.00$ 2,902,950.00$ 2,902,950.00$ 2.10% 1.93% 0.63% 10/24/24 A 847 CA State Department Water Muni 5,000,000.00$ 4,667,800.00$ 4,667,800.00$ 0.51% 1.59% 1.01% 12/01/24 AAA 885 Federal Home Loan Bank Agency 2,000,000.00$ 1,985,800.00$ 1,985,800.00$ 2.75% 1.48% 0.43% 12/13/24 AA+ 897 State Street Corp. Corporate 3,000,000.00$ 2,978,940.00$ 2,978,940.00$ 3.30% 0.64% 0.64% 12/16/24 A 900 Federal National Mortgage Association Agency 2,000,000.00$ 1,931,180.00$ 1,931,180.00$ 1.63% 0.36% 0.42% 01/07/25 AA+ 922 U.S. Treasury Treasury 2,000,000.00$ 1,918,200.00$ 1,918,200.00$ 1.38% 0.52% 0.41% 01/31/25 Aaa 946 Federal Home Loan Mortgage Corporation Agency 3,000,000.00$ 2,883,750.00$ 2,883,750.00$ 1.50% 0.74% 0.62% 02/12/25 AA+ 958 Toyota Motor Credit Corporate 5,000,000.00$ 4,766,850.00$ 4,766,850.00$ 1.80% 2.30% 1.03% 02/13/25 A+ 959 U.S. Treasury Treasury 2,000,000.00$ 1,948,680.00$ 1,948,680.00$ 2.00% 0.52% 0.42% 02/15/25 Aaa 961 U.S. Treasury Treasury 5,000,000.00$ 4,949,050.00$ 4,949,050.00$ 2.63% 2.36% 1.07% 03/31/25 Aaa 1005 Federal National Mortgage Association Agency 2,000,000.00$ 1,870,200.00$ 1,870,200.00$ 0.63% 0.59% 0.40% 04/22/25 AA+ 1027 Federal Farm Credit Agency 5,000,000.00$ 4,955,300.00$ 4,955,300.00$ 2.75% 2.75% 1.07% 04/25/25 AA+ 1030 Citigroup Corporate 5,000,000.00$ 4,911,650.00$ 4,911,650.00$ 4.00% 4.00% 1.06% 05/13/25 A 1048 Federal Home Loan Bank Agency 2,000,000.00$ 1,862,940.00$ 1,862,940.00$ 0.63% 0.52% 0.40% 06/13/25 AA+ 1079 Federal National Mortgage Association Agency 2,000,000.00$ 1,855,220.00$ 1,855,220.00$ 0.50% 0.46% 0.40% 06/17/25 AA+ 1083 Citigroup Corporate 3,000,000.00$ 2,996,910.00$ 2,996,910.00$ 4.75% 4.75% 0.65% 06/30/25 A 1096 Los Angeles School District Muni 3,345,000.00$ 3,122,958.90$ 3,122,958.90$ 1.25% 1.09% 0.67% 07/01/25 Aa3 1097 JP Morgan Chase Co. Corporate 1,450,000.00$ 1,452,291.00$ 1,452,291.00$ 3.90% 1.07% 0.31% 07/15/25 A- 1111 Federal Home Loan Mortgage Corporation Agency 2,996,000.00$ 2,763,660.20$ 2,763,660.20$ 0.38% 0.46% 0.60% 07/21/25 AA+ 1117 Los Angeles Commty College Muni 5,000,000.00$ 4,609,550.00$ 4,609,550.00$ 0.77% 0.97% 0.99% 08/01/25 AA+ 1128 Federal Home Loan Bank Agency 3,000,000.00$ 2,878,860.00$ 2,878,860.00$ 1.75% 1.33% 0.62% 09/12/25 AA+ 1170 Los Angeles School District Muni 5,000,000.00$ 4,690,250.00$ 4,690,250.00$ 1.54% 1.58% 1.01% 09/15/25 A+ 1173 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,834,580.00$ 1,834,580.00$ 0.38% 0.44% 0.40% 09/23/25 AA+ 1181 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,834,580.00$ 1,834,580.00$ 0.38% 0.90% 0.40% 09/23/25 AA+ 1181 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,838,820.00$ 1,838,820.00$ 0.55% 0.55% 0.40% 09/30/25 AA+ 1188 Procter & Gamble Co. Corporate 3,000,000.00$ 2,758,680.00$ 2,758,680.00$ 0.55% 0.69% 0.59% 10/29/25 AA- 1217 CA State Muni 2,000,000.00$ 1,976,280.00$ 1,976,280.00$ 3.00% 0.70% 0.43% 11/01/25 AA- 1220 CA State University Muni 5,555,000.00$ 5,089,990.95$ 5,089,990.95$ 0.89% 1.63% 1.10% 11/01/25 AA- 1220 Federal National Mortgage Association Agency 2,000,000.00$ 1,836,200.00$ 1,836,200.00$ 0.50% 0.68% 0.40% 11/07/25 AA+ 1226 Federal National Mortgage Association Agency 2,000,000.00$ 1,836,200.00$ 1,836,200.00$ 0.50% 1.13% 0.40% 11/07/25 AA+ 1226 U.S. Bancorp Corporate 3,000,000.00$ 3,014,670.00$ 3,014,670.00$ 3.95% 0.75% 0.65% 11/17/25 A+ 1236 John Deere Capital Corp. Corporate 3,000,000.00$ 2,708,820.00$ 2,708,820.00$ 0.70% 0.74% 0.58% 01/15/26 A 1295 Charles Schwab Corp. Corporate 4,000,000.00$ 3,588,400.00$ 3,588,400.00$ 0.90% 1.04% 0.77% 03/11/26 A 1350 CA State Muni 3,400,000.00$ 3,301,740.00$ 3,301,740.00$ 2.65% 0.97% 0.71% 04/01/26 AA- 1371 CA State Muni 1,320,000.00$ 1,281,852.00$ 1,281,852.00$ 2.65% 3.18% 0.28% 04/01/26 AA- 1371 Amazon.Com Inc. Corporate 3,000,000.00$ 2,728,230.00$ 2,728,230.00$ 1.00% 1.02% 0.59% 05/12/26 AA 1412 John Deere Capital Corp. Corporate 1,250,000.00$ 1,129,837.50$ 1,129,837.50$ 1.05% 0.91% 0.24% 06/17/26 A 1448 U.S. Treasury Treasury 3,000,000.00$ 2,754,030.00$ 2,754,030.00$ 0.88% 1.61% 0.59% 06/30/26 Aaa 1461 U.S. Treasury Treasury 5,000,000.00$ 4,534,400.00$ 4,534,400.00$ 0.63% 2.58% 0.98% 07/31/26 Aaa 1492 Los Angeles Commty College Muni 2,000,000.00$ 1,819,360.00$ 1,819,360.00$ 1.17% 2.38% 0.39% 08/01/26 AA+ 1493 Fremont Unified School District Muni 5,470,000.00$ 4,928,907.60$ 4,928,907.60$ 0.83% 3.30% 1.06% 08/01/26 AA- 1493 Upper Santa Clara Valley Joint Powers Authority Muni 3,700,000.00$ 3,358,046.00$ 3,358,046.00$ 1.18% 3.43% 0.72% 08/01/26 AA 1493 San Jose Unified School District Muni 2,205,000.00$ 2,205,352.80$ 2,205,352.80$ 3.37% 3.55% 0.48% 08/01/26 AA+ 1493 Federal Home Loan Bank Agency 3,000,000.00$ 2,841,000.00$ 2,841,000.00$ 1.88% 1.12% 0.61% 09/11/26 AA+ 1534 Federal National Mortgage Association Agency 2,000,000.00$ 1,903,000.00$ 1,903,000.00$ 1.88% 1.21% 0.41% 09/24/26 AA+ 1547 CA State Muni 3,000,000.00$ 2,868,990.00$ 2,868,990.00$ 2.38% 1.05% 0.62% 10/01/26 AA- 1554 CA State Department Water Muni 5,000,000.00$ 4,502,700.00$ 4,502,700.00$ 1.05% 1.68% 0.97% 12/01/26 AAA 1615 Federal Home Loan Bank Agency 3,000,000.00$ 2,774,250.00$ 2,774,250.00$ 1.25% 1.66% 0.60% 12/21/26 AA+ 1635 Federal Home Loan Bank Agency 5,000,000.00$ 4,623,750.00$ 4,623,750.00$ 1.25% 2.70% 1.00% 12/21/26 AA+ 1635 U.S. Treasury Treasury 5,000,000.00$ 4,746,100.00$ 4,746,100.00$ 1.88% 2.37% 1.02% 02/28/27 Aaa 1704 Amazon.Com Inc. Corporate 5,000,000.00$ 4,905,300.00$ 4,905,300.00$ 3.30% 3.38% 1.06% 04/13/27 AA 1748 Federal Farm Credit Agency 5,000,000.00$ 4,947,400.00$ 4,947,400.00$ 2.88% 2.88% 1.07% 04/26/27 AA+ 1761 Total Investments 401,176,000.00$ 387,618,497.85$ 387,618,497.85$ 83.6% Other Investments
Local Agency Investment Funds (LAIF) LAIF 42,847,800.25$ 42,847,800.25$ 42,847,800.25$ 0.69% 0.69% 9.2% 06/30/22 N/A - Local Agency Investment Funds (LAIF) - COVID LAIF 29,396,209.87$ 29,396,209.87$ 29,396,209.87$ 0.69% 0.69% 6.3% 06/30/22 N/A - California Asset Management Program (CAMP) CAMP 3,518,177.47$ 3,518,177.47$ 3,518,177.47$ 1.14% 1.14% 0.8% 06/30/22 N/A - Orchard Walk West Bond 180,000.00$ 180,000.00$ 180,000.00$ 6.75% 6.75% 0.0% 06/01/26 N/A 1432 Atwood Water Main District Bond 81,676.33$ 81,676.33$ 81,676.33$ 4.00% 4.00% 0.0% 09/02/30 N/A 2986 Laura Water Main District Bond 51,785.37$ 51,785.37$ 51,785.37$ 4.00% 4.00% 0.0% 09/02/30 N/A 2986 Total Other Investments 76,075,649.29$ 76,075,649.29$ 76,075,649.29$ 16.4% Total Portfolio Holdings 477,251,649.29$ 463,694,147.14$ 463,694,147.14$ 1.29% 100.0% 61 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0331 Agenda Date: 9/19/2022 Agenda #: 3.

Agenda Item Wording:

Authorize accepting the Fiscal Year 2021 Assistance to Firefighter Grant (AFG) award in the amount of $65,280.00 for the purchase of four (4) battery-operated combi tools and accessories.

Deadline for Action: 9/19/2022
Submitting Department: Fire Department
Contact Name and Phone Number: Dan Griswold, x4220; Tom Van Grouw, x4265; Crissy Balderama, x4513
Department Recommendation:

Staff recommends City Council authorize staff to accept the Fiscal Year 2021 Assistance to Firefighter Grant award in the amount of $65,280.00 for the purchase of four (4) battery-operated combi-tools and accessories. This amount includes $59,345.45 in federal funding awarded through the AFG grant and the required $5,934.55 10% match from the General Fund.

Background Discussion:

A combi-tool is a combination of a spreader and a cutter in one tool. Combi-tools are primarily used during vehicle extrications to open or remove vehicle doors and/or the roof to gain access to patients when the vehicle has been damaged. Combi-tools can also be used to force open the engine compartment for access during fire suppression and to lift a vehicle or other heavy object during a rescue or entrapment. This AFG grant award is for the purchase of four (4) combi-tools with two (2) batteries each and one (1) battery charger each.

The proposed battery-operated combi-tools will replace the hydraulic-powered combi-tools currently in use on frontline engines. The current hydraulic combi-tools are over fifteen years old, are near the end of their recommended lifespan, and have needed more frequent repair.

The current hydraulic combi-tools consist of a gas-powered engine used to pressurize hydraulic fluid from a reservoir through hydraulic hoses, and ultimately delivering power to the combi-tool. This system is heavy, requires time for set-up and use, and has multiple components requiring maintenance and that are susceptible to damage or failure.

The proposed, battery-operated, combi-tool is a single tool with a battery as its power source. This system does not require the use of a gas-powered power plant, hydraulic fluid for power, or hoses.

The proposed tool only requires a battery to be inserted into the tool and the power turned on.

Battery operated combi-tools are lighter in weight and the tools operate more quietly than hydraulic tools given there is not the gas-powered power unit.

This project is a current and approved General Fund capital improvement plan (CIP) project for FY 2022/23. Approving this authorization will relieve the General Fund of this project except for the City Visalia City Council Printed on 9/16/2022Page 1 of 2
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of Visalia’s required 10% match and any other cost to complete the project.

Fiscal Impact:

This project is currently budgeted in the General Fund in FY 2022/23 for $68,800. Approving this authorization will reimburse the General Fund by $59,345.45 in federal funding awarded through the AFG grant.

Prior Council Action: None
Other: N/A
Alternatives: Decline the Assistance to Firefighter award and utilize funding through the City Capital Improvement Project process.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to accept the Fiscal Year 2021 Assistance to Firefighter Grant award in the amount of $65,280.00 for the purchase of four (4) complete battery-operated Combi Tools. This amount includes $59,345.45 in federal funding awarded through the AFG grant and the required $5,934.55 (equal to or greater than 10%) contribution of non-federal funds.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: FY 2021 Assistance to Firefighters Grant Award Package Visalia City Council Printed on 9/16/2022Page 2 of 2
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85 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0326 Agenda Date: 9/19/2022 Agenda #: 4.

Agenda Item Wording:

Authorize the City Manager to execute the Southern California Edison (SCE) Joint Use Agreement (JUA) and adopt Resolution 2022-52 for the Riggin Widening project between Mooney Blvd to Conyer street.

Deadline for Action: 9/19/2022 - Timely Execution of the JUA necessary to keep SCE pole relocation efforts on schedule.

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

Diego Corvera, Civil Engineer, [email protected], 559-713-4209 Jim Koontz, City Attorney, [email protected], 559-372-2403 Frank Senteno, City Engineer, [email protected] 559-713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to execute the SCE Joint Utility Agreement (JUA) and adopt Resolution 2022-52 for the Transmission Pole relocation along Riggin Avenue between Mooney Blvd and Conyer St to accommodate the Riggin Widening Project. The agreement was prepared by Southern California Edison and reviewed by the City Attorney.

Background Discussion:

The Council, at their June 21st, 2021 meeting, directed staff to award the design contract to 4Creeks Inc. and accepted and appropriated $2.4 million from the Federal High Improvement Program (HIP) funds for the construction of the “RigginAvenue Widening Project”from North Mooney Boulevard to North Conyer Street.

The purpose of the “Riggin Avenue Widening Project” is to complete the roadway per the general plan, provide for multi modal connections and increase vehicle capacity on Riggin Avenue by adding additional east/west lanes to provide for an efficient flow of traffic to support increase in development within the surrounding area. In addition, the City Council identified this segment of Riggin Avenue from Mooney Boulevard to North Conyer Street as a priority transportation corridor as it was part of the “Ring-Road” concept previously identified in various City reports.

The environmental and ROW phases been completed, which were a prerequisite to obligate federal funding for the construction of the project. The City of Visalia has recently accepted the $2.4 million from HIP funding for the construction of the “Riggin Avenue Widening Project,” through a program supplement executed with Caltrans.

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86 File #: 22-0326 Agenda Date: 9/19/2022 Agenda #: 4.

Joint Utility Agreement Summary
Ahead of roadway construction, SCE transmission poles will need to be relocated to their ultimate location. The two transmission poles east of Giddings Street are currently in an existing JUA, refer to the attached “SCE Pole Relocation Map.” Prior to these poles getting relocated to their ultimate location, a new JUA is required to re-establish the prior rights. Once this JUA is executed, the original rights of the two poles will be re-established as a Modified Joint Use Agreement now to include a single pole based on the relocation design (see attached relocation map). The timely execution of this JUA is necessary to keep the pole relocation efforts on schedule.

Project Status
Project is currently at 90% design and in review. Environmental phase and ROW phase have been completed and federal construction funding has been obligated. Utility relocation is anticipated to begin in January or February of 2023 with road construction starting Summer of 2023.

Other Riggin Avenue Projects Status:
- Riggin Avenue widening Kelsey St to Shirk St
o Currently in Design
o Construction Summer 2024 (Utility Relocation Spring 2024) - Riggin Avenue Widening Demaree St to Kayenta St
o Design Completed
o Construction Fall 2022
- Riggin Avenue Widening Mooney Blvd to Conyer St
o Currently in Design
o Construction Summer 2023 (Utility Relocation Spring 2023) Refer to attached Riggin Widening Project exhibit, for project locations.

Fiscal Impact:

Other than the preparation of documents and minimal project management time, the execution of this SCE JUA has no fiscal impact; however, below is the project budget breakdown.

CIP 0473: Riggin Avenue Widening (Mooney to
Conyer)
Approximate Budget Breakdown
Project Budget Amount Percentage
Measure R Regional Funds (Current Budget) $1,300,000.00 21.7% Traffic Impact Fee (Budgeted for FY 21/22) $1,800,000.00 30.0% Highway Improvement Program (HIP) Funding $2,400,000.00 40.0% Developer Reimbursement (Frontage Improvements): $500,000.00 8.3% Total Estimated Budget $6,000,000.00 100%
Project Costs Amount Percentage
Project Management $100,000.00 1.7%
Design Services $175,000.00 2.9%
Utility Relocation $300,000.00 5.0%
Roadway Construction $5,300,000.00 88.3%
Construction Management $200,000.00 3.3%
Soft Cost Contingency $100,000.00 1.7%
Total Estimated Project Costs $6,175,000.00 100%
Surplus (Deficit) ($175,000.00) -
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87 File #: 22-0326 Agenda Date: 9/19/2022 Agenda #: 4.

CIP 0473: Riggin Avenue Widening (Mooney to
Conyer)
Approximate Budget Breakdown
Project Budget Amount Percentage
Measure R Regional Funds (Current Budget) $1,300,000.00 21.7% Traffic Impact Fee (Budgeted for FY 21/22) $1,800,000.00 30.0% Highway Improvement Program (HIP) Funding $2,400,000.00 40.0% Developer Reimbursement (Frontage Improvements): $500,000.00 8.3% Total Estimated Budget $6,000,000.00 100%
Project Costs Amount Percentage
Project Management $100,000.00 1.7%
Design Services $175,000.00 2.9%
Utility Relocation $300,000.00 5.0%
Roadway Construction $5,300,000.00 88.3%
Construction Management $200,000.00 3.3%
Soft Cost Contingency $100,000.00 1.7%
Total Estimated Project Costs $6,175,000.00 100%
Surplus (Deficit) ($175,000.00) -
The projected deficit will be resolved at the time of award of the construction contract. There are anticipated savings on utility relocation costs on the Riggin Widening Kelsey to Shirk project which can cover the current budget deficit.

Prior Council Action:

August 1, 2022
Receive a staff presentation on the proposed local frontage road to be constructed with the Riggin Avenue Project Mooney Blvd to Conyer Street.

June 20, 2022
Adopt resolutions 2022-39 and 2022-40, designating a portion of the City owned property located within 2 parcels of two different subdivisions: Lot “A”of Highland Park Estates subdivision and Lot “A” of Highland Park, Unit No. 2 Subdivision as part of the public City Street System Respectively May 16, 2022
Adopt resolution 2022-33 authorizing the City Manager to execute Southern California Edison (SCE) Utility Agreement No. FFY22/23 - 0473-04 for the Riggin Widening project between Mooney Blvd to Conyer Street.

April 18, 2022
Adoption Resolution No. 2022-27 certifying Mitigated Negative Declaration No. 2022-16 prepared for California Environmental Quality Ave (CEQA) compliance as part of the Highway Improvement Program (HIP) funding for the construction of the “Riggin Avenue Widening Project” from North Mooney Boulevard to North Conyer Street (State Clearing house No. 2022030456) (Resolution No. 2022-16 required).

June 21, 2021
Authorize the City Manager to award a sole source professional design services contract to 4Creeks, Inc., for the design of the “RigginAvenue Widening Project”from North Mooney Boulevard to North Conyer Street, and appropriation of funds to establish a preliminary project budget.

Other:

None
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88 File #: 22-0326 Agenda Date: 9/19/2022 Agenda #: 4.

Alternatives:

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

I move to authorize the City Manager to execute the Southern California Edison (SCE) Joint Use Agreement (JUA) and adopt Resolution No. 2022-52.

Environmental Assessment Status:

Adopted Mitigated Negative Declaration No. 2022-16.

Attachments:

1. Joint Utility Agreement & Exhibit “A” (plat)

2. Resolution No. 2022-52 SCE Joint Use Agreement

3. SCE Pole Relocation Map

4. Riggin Widening Projects Map
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89 RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY

2 INNOVATION WAY– 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE

V&LM File No.: JUA204056736 Serial No. 73220A Service Order No.: 802158922 Affects SCE Document No. 119593

JOINT USE AGREEMENT

THIS AGREEMENT, made and entered into this day of , 20 , by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF VISALIA, a municipal corporation of the State of California, hereinafter called "City",

W I T N E S S E T H:

THAT WHEREAS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights:

That c ertain Grant of E asement recorded June 11, 19 48, as Instrument No . 15027, in Volume 1298, Page 533 of Official Records, in the Office of the Tulare County Recorder, hereinafter referred to as "Company's Easement"; and

WHEREAS City has acquired easement r ights f or street and hi ghway purposes for the construction and/or improvement of RIGGIN AVENUE , in said City of VISALIA, County of TULARE , State of California, hereinafter referred to as "highway right of way", as shown on the print attached hereto, marked "Exhibit A" and hereby made a part hereof which said highway right of way is subject to Company's easement; and

WHEREAS Company's facilities as now installed and located on said highway right of way will interfere with or obstruct the cons truction, reconstruct ion, maintenance or use of said street or highway, and City desires to eliminate such interference or obstruction;

NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows:

The location of Company's easement insofar as it now lies with in the said highway right of way, be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new location" , and shown and designated as "A rea in Joint Use Agreement" on said print marked "Exhibit A".

City he reby agrees to pay for the total direct and indirect costs incurred by Company for relocating its facilities from Company's easement and reconstructing the same in the new location, including, but not limited to, the cost of acquiring any easements or righ ts of way over private 90 Joint Use Agreement
Between S. C. E., a corp. and
City of Visalia
Serial No.: 73220A
V&LM File No.: JUA204056736
Affects SCE. Doc No.: 119593

-2-
property. Payment by the City for these facilities located in Company’s easement will be made pursuant to the terms contained in the Utility Agreement No. FFY 22/23 – 0473-04, dated July 12th, 2022, that was signed between City and Company.

In consideration of the payment to Company of the cost of relocation as aforesaid, and upon acquisition of any and all easements ove r private property as may be required for the relocation of Company's facilities t o the n ew location, Company agrees to rearrange, relocate and reconstruct within said new location, any of its facilities heretofore or now installed pursuant to Company's easement wit hin said hi ghway right of way. Company hereby consents to the constructi on, reconstruction, maintenance or use by City of a street or highway over, along and upon Company's easement, both in the old location and in the new location within said highway right of way, upon and subject to the terms and conditions herein contained.

City acknowledges Company's title to Company's easement in said new location and the priority of Company's title over the title of City in said new location. Company has and reserves the right and easement to use, in common with the public's use of sai d street or highway, said new location for all of the purposes for which Company's easement was acquired, without need for any further permit or permission from City. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in said new location where such work will obstruct traffic. In all cases, Company shall exercise due care for the protection of the traveling public.

In th e event that the future use of said highway right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said new location, and City shall notify Co mpany in writing of s uch necessity and agree to reimburse Company on demand for it s costs incurred in complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of s uch plans by C ity, Company will promptly proceed to effect such rearrangement, rel ocation, reconstruction or removal. Company shall exercise due care for the protection of the traveling public. No further permit or permission from City for such rearrangement, relocation or re construction shall be required and City will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of w ay, (2) provide executed document(s) granting to Company a good and sufficient easement or easements over private property if necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such easement or easements, provided it is mutually agreed in writ ing that Company shall acquire such easement or easements.

City agrees to indemnify, defend and reimburse Company for any loss or claim Company may suffer because of any l ack of or defect in City's title to said new location or any subsequent location within sa id highway right of way, or in the title to any easement provided by City over private property, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reasonable costs arising therefrom, such as, but not l imited to, costs to acquire any right of way required for such relocation. City shall not reimburse Company for any loss caused by Company's own fault or negligence.

Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement. Both City and Company shall use said new location 91 Joint Use Agreement
Between S. C. E., a corp. and
City of Visalia
Serial No.: 73220A
V&LM File No.: JUA204056736
Affects SCE. Doc No.: 119593

-3-
in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waive r of any claim for compensation or damages which Company or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable i nterference with the use of said new location by the other party. City agre es that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of said street or highway, by the City or its contrac tors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense.

Company shall have the right to remove, trim or top any vegetation, brush, tree or trees which may grow in said new location in said highway right of way, and which in the opinion of Company may endanger or interfere with the proper operation or maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger.

This agreement shall inure to the benefit of and be binding u pon the Company and the City and their respective successors and assigns.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

By: __________________________________

CYNTHIA CALEMMO
Real Estate & Facilities Advisor
Land Management Northern Region
Vegetation & Land Management

CITY OF VISALIA, a municipal corporation

By___________________________________
Name_______________________________________
Title________________________________________

By___________________________________
Name_______________________________________
Title________________________________________

92 Joint Use Agreement
Between S. C. E., a corp. and
City of Visalia
Serial No.: 73220A
V&LM File No.: JUA204056736
Affects SCE. Doc No.: 119593

-4-

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

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be th e perso n(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________

93 Joint Use Agreement
Between S. C. E., a corp. and
City of Visalia
Serial No.: 73220A
V&LM File No.: JUA204056736
Affects SCE. Doc No.: 119593

-5-
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribe d to the wi thin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________

A Notary Public or other offic er completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be t he person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________

94 95
96 Resolution No. 2022-xx

RESOLUTION NO. 2022-52

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF VISALIA AUTHORIZING JOINT UTILITY AGREEMENT WITH

SOUTHERN CALIFORNIA EDISON

WHEREAS, the City of Visalia is moving forward with a construction project to widen Riggin Avenue between M ooney Boulevard and Conye r Street , this project is referred to as the Riggin Avenue Widening Project; and

WHEREAS, there are ten (10) utility poles owned and operated by Southern California Edison in this area that must be relocated in order to complete the Riggin Avenue Widening Project;

WHEREAS, property rights for these ten (10) utility poles has been reviewed and eight (8) poles are located in City of Vi salia road right of way under an applicable franchise agreement between the City and Southern Cal ifornia Edison with two poles held under property rights owned by Southern California Edison; and

WHEREAS, Southern California Edison is responsible for pole relocation costs of the poles located under franchis e rights that are being relocated due t o the City’s street construction project, while the City responsible for the costs of relocating the two poles held under property rights owned by Southern California Edison; and

WHEREAS, The City of Visalia has e xecuted a Utility Agreement with Southern California Edison and under the terms of the Ut ility Agreement the City will agree to be financially liable for two (2) poles of the ten (10) transmission poles that need to be relocated as part of the Riggin Avenue Widening; and

WHEREAS, Southern California Edison has requested that the City sign a Joint Utility Agreement (JUA) to reestablish the Southern California Edison liability rights that currently exist on the two (2) Southern California Edison Poles that that are the City ’s responsible to relocate; and

WHEREAS, after the relocation work is complete eight of the ten poles will continue to be located under franchise rights and two of the poles will be located under the executed JUA with Southern California Edison; and

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

1. The Visalia City Manager is authorized on behalf of the City of Visalia to sign Joint Utility Agreement No. JUA204056736 with Southern California Edison, (draft attached for reference) with any such additional non-substantive changes as the City Manager deems appropriate.
97 Existing Poles to be relocated
LEGEND
Existing City ROW
New Poles Location
Modified Joint Use Agreement Area
Existing Joint Use Agreement Area
Poles that are City of Visalia Liability
and will be relocated in new JUA
Updated 06/20/2022
98 S a i n
t J o h n s R i v
e r
Modoc Ditch
Mooney
Akers
Dinuba
Riggin
HoustonGoshen
Willis
Ferguson
County Center
JacobKelsey
West
Linwood
Demaree
Giddings
Houston
Roeben
Demaree
Ferguson
Shannon
Riverway
Doe
Shirk
Rd 116
Pratt
Kelsey
Rd 124
Riverway
Rd 108
Clancy
Kibler
Riggin
Ferguson
Riggin
Sunnyview
RigginAve 312
Rd 100
Rd 92
Ave 320
Construction
October 2022
Construction
Summer 2024*
Construction
Summer 2023*
© OpenStreetMap (and) contributors, CC-BY-SA
Legend
Road Class
Collector
Local
Major Arterial
Minor Arterial
Other
Riggin Segment
CP0397: Akers to Demaree
CP0398: Kelsey to Shirk
CP0473: Mooney to Conyer
Railroad
Waterways
City Limits
Parcels
Urban Development Boundary Tier 1
Urban Development Boundary Tier 2
Urban Growth Boundary Tier 3
0 0.3 0.60.15 Miles
¯
Riggin Widening Projects
*Pending SCE Relocation
99 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0258 Agenda Date: 9/19/2022 Agenda #: 5.

Agenda Item Wording:

First reading of Ordinance No. 2022-13 authorizing the sale of APN 094-095-001 (410 E. Race and 606 N. Bridge) to the Creative Center and Visalia Players at a selling price of $1,400,000, to include a forgivable loan in the amount of $1,222,000.

Deadline for Action: 9/19/2022
Submitting Department: Community Development
Contact Name and Phone Number: Devon Jones, 4190
Department Recommendation:

Conduct first reading of Ordinance No. 2022-13 authorizing the sale of APN 094-095-001 (410 E.

Race and 606 N. Bridge) to the Creative Center and Visalia Players at a selling price of $1,400,000.

Background Discussion:

Staff is recommending the City Council consider this unique sale given the past improvements that have been completed on the property for several decades by both existing tenants, the Creative Center and the Visalia Players, which they paid for primarily on their own through donations and sweat equity. Given the requirement that any City owned property must now comply with prevailing wage requirements increases the cost to the organizations for making improvements and repairs, requires, by law, a purchasing process that can be complex for such organizations, and limits the in- kind and volunteer work that goes into the property. Therefore, occupying these buildings while City- owned has become detrimental to these organizations that often rely on donations and volunteer labor. Through their work, significant value has been added to the property that was almost entirely been generated by these organizations. These organizations have also proven themselves to be financially viable through the years. Therefore, staff is recommending this sale and the authorization of a forgivable loan to supplement the $178,000 cash purchase price.

Per the City Charter, the Visalia City Council must adopt an ordinance authorizing sale of the property at APN 094-095-001 to the Creative Center and Visalia Players at a sales price of $1,400,000, which is the current fair market value according to the attached appraisal summary. The transaction will include a $178,000 cash sales price and a forgivable loan (promissory note) of $1,222,000 for the remainder of the appraised value sales price. This cash amount is the approximate amount of Community Development Block Grant (CDBG) funding that was used in the past on this property. Because CDBG funds need to be recouped if the property is sold and refunded to the U.S. Department of Housing and Urban Development (HUD), this amount needs to be paid by these organizations. The Creative Center will be paying $133,500, or 75% of the cost and the Visalia Players will be paying $44,500, or 25% of the purchase price. These shares align with rough percentages of the property each entity will acquire. There will be no change of use or planned Visalia City Council Printed on 9/16/2022Page 1 of 2
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100
File #: 22-0258 Agenda Date: 9/19/2022 Agenda #: 5.
change of use at the site, including the beneficiaries of such use.

The City Manager will execute a purchase and sale agreement with both the Creative Center and Visalia Players and escrow will be opened. The lot split needed for the entities will be conducted through an engineer’s description in the escrow process. The current drafts of the legal descriptions and plat maps are attached to the purchase and sale agreement. Again, per City Charter, the Visalia City Council must adopt an ordinance authorizing sale of this property to complete the transaction.

Fiscal Impact:
$178,000 must be paid back to HUD as that was the amount of CDBG funds used on the property originally.

Prior Council Action: 5.2.22 - confirmation of terms of sale, 8.2.21 - authorized staff to enter negotiations with Creative Center and Visalia Players for sale of property following completed surplus land process.

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

I move to conduct the first reading of Ordinance No. 2022-13 authorizing the sale of APN 094-095- 001 to the Creative Center and Visalia Players at a sales price of $1,400,000, to include a forgivable loan in the amount of $1,222,000.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Ordinance No. 2022-13, purchase and sale agreement, Exhibit B-Parcel one plat, Exhibit D-Parcel two plat
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101
ORDINANCE NO. 2022-13

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF VISALIA AUTHORIZING THE SALE OF
APPROXIMATELY 3.0 ACRE OF PROPERTY

WHEREAS, the City of Visalia owns property located between Santa Fe, Race, Bridge and Grove Streets, with Assessor’s Parcel Number 094-095-001 (the “Property”), and,

WHEREAS, this parcel was acquired by the City of Visalia in 1973, and,

WHEREAS, the City has determined that the Property is surplus to the City’s needs and that it should be sold, and,

WHEREAS, the City conducted a surplus land sale process in 20 21 as required by State of California Government Code section 54222, and,

WHEREAS, the current tenants of the Property, the Creative Center, and Visalia Players (the “Purchasers”), provided a response to that surplus land sale process that was accepted by City Council in 2021, and,

WHEREAS, Purchase and Sale Agreement has been prepared describing the terms and conditions of the sale that are consistent with the proposal provided by the Purchase rs and accepted by the City Council (the Purchase and Sale Agreement is attached hereto as Exhibit 1), and,

WHEREAS, the City of Visalia as Seller, acting through the Visalia City Council, must adopt an ordinance authorizing sale of said property, and,

WHEREAS, the subject real property is shown on the attached Exhibits B and D.

Be it ordained by the Council of the City of Visalia,

Section 1. The City Manager of the City of Visalia be, and is hereby authorized to sell on behalf of the City o f Visalia the Property to The Creative Center and Visalia Players, according to the terms of the Purchase and Sale Agreement, as amended.

Section 2. This ordinance shall go into effect thirty (30) days after its passage.

102
103
104
N90° 00' 00"W 100.00'N0° 00' 00"E 186.32'N90° 00' 00"E 68.92'N0° 00' 00"E 16.68'N90° 00' 00"E 31.08'S0° 00' 00"E 203.00'BUILDING EAST RACE AVE.

EAST GROVE AVE.N. SANTA FE ST.

NORTH BRIDGE ST.

SE. COR. LOT 18N0° 00' 00"E 21.78'T.P.O.B.
324 S. Santa Fe St., Ste. AVisalia, CA 93292(559) 802-3052www.4-creeks.com ICE HOUSEICE HOUSE8/10/221"= 100'EXHIBIT BPARCEL ONEVISALIA, CANORTH 0'100'100'
12/31/22
105
N90° 00' 00"W 100.00'N0° 00' 00"E 186.32'N90° 00' 00"E 68.92'N0° 00' 00"E 16.68'N90° 00' 00"E 31.08'S0° 00' 00"E 203.00'BUILDING EAST RACE AVE.

EAST GROVE AVE.N. SANTA FE ST.

NORTH BRIDGE ST.

SE. COR. LOT 18N0° 00' 00"E 21.78'T.P.O.B.
324 S. Santa Fe St., Ste. AVisalia, CA 93292(559) 802-3052www.4-creeks.com ICE HOUSEICE HOUSE8/10/221"= 100'EXHIBIT DPARCEL TWOVISALIA, CANORTH 0'100'100'
12/31/22
106

PURCHASE AND SALE AGREEMENT

This PURCHASE AND SALE AGREEMENT (hereinafter “Agreement””) is made and effective _______________________, 2022 (the “Effective Date”), by and between the CITY OF VISALIA, a municipal corporation and charter law city organized and existing pursuant to its Charter and the laws of the State of California (hereinafter the “CITY” or “SELLER”) and THE CREATIVE CENTER, a California Non- Profit Public Benefit Corporation duly organized under the laws of the State of California (“BUYER 1”) and VISALIA PLAYERS, a California Non-Profit Corporation (“BUYER 2”). BUYER 1 AND BUYER 2 may be collectively referred to herein as “BUYERS”, and CITY and BUYERS may be collectively referred to herein as the “Parties.”

RECITALS

This Agreement is made with reference to the following facts, understandings, and intentions of the Parties:

WHEREAS, CITY owns all of the legal and beneficial interests in the real property and existing buildings and structures located at 410-420 East Race Avenue and 606 -618 North Bridge Street, City of Visalia, California, consisting of a single parcel with improvements, more specifically described as follows:

Lots 1 through 20 of Block 84 of Aughinbaugh's Addition to the City of Visalia, in the City of Visalia, County of Tulare, State of California, according to the map thereof recorded in Book 3, Page 48 of Maps, in the Office of the County Recorder of said County.

(hereinafter the “Property”); and

WHEREAS, CITY has determined that it is no longer in the best interests of CITY to maintain ownership of the Property but instead to sell the Property; and

WHEREAS, CITY provided notice of availability of Surplus Land pursuant to state; and

WHEREAS, BUYERS responded to such notice and submitted a joint proposal that City determined was acceptable; and

WHEREAS, BUYER 1 and BUYER 2 have agreed amongst themselves which portion of the Property each respective BUYER intends to obtain through this transaction, as well as the respective responsibilities for payment of the Purchase Price as defined herein below; and

WHEREAS, CITY and BUYERS, by this Agreement wish to state the terms and conditions for the purchase and sale of the Property, and the respective rights and responsibilities of the Parties.

AGREEMENT

NOW, THEREFORE, in consideration of the above-referenced facts, the mutual covenants of the Parties contained in this Agreement and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Purchase and Sale of Subject Property. For the consideration enumerated in Section 2 107

below, CITY agrees to sell, and BUYERS agree to buy, the Property as defined above. The sale and purchase of the Property shall be consummated by means of Escrow (the “Escrow”) as provided in this Agreement. This agreement shall constitute the instructions for the Escrow upon acceptance by Escrow Holder.

A. Division of Property Amongst BUYERS. The Parties agree that the Property shall be transferred to BUYERS in two separate parcels as follows: Parcel One, as described in Exhibit A and B, shall be transferred to BUYER 1; and Parcel Two, as described in Exhibit C and D, shall be transferred to BUYER 2.

B. Transfer of Property. The division and transfer of Parcel One and Parcel Two as described herein shall be accomplished by engineer’s description through recording of grant deeds from the SELLER, and shall not require compliance with the California Subdivision Map Act.

2. Amount and Terms of Payment.

A. Purchase Price. BUYERS shall pay $1,400,000 (One Million, Four Hundred Thousand Dollars) for the Property, (the “Purchase Price”). The Purchase Price shall be paid as provided in Paragraph 2.C. below at the close of escrow (“Closing”) which shall occur when all the conditions and requirements for Closing stated in this Agreement have been met.

B. Deposit. Upon execution of this Agreement, BUYER 1 shall deliver the sum of Seven Thousand Five Hundred Dollars ($7,500) and BUYER 2 shall deliver the sum of Two Thousand Five Hundred Dollars ($2,500) to Escrow as a deposit (the “Deposit”). The Deposit shall apply toward the Purchase Price, but shall be forfeited by the Buyer if Buyer fails to close escrow for any reason other than default by Seller.

C. Payment of Purchase Price. The BUYERS shall be responsible for payment of the Purchase Price as follows:
i. BUYER 1 shall deposit the sum of One Hundred Thirty-Three Thousand Five Hundred Dollars ($133,500) in cash or cash equivalent, less the amount of BUYER 1’s deposit, with Escrow Holder and shall execute and deliver to Escrow Holder a promissory note, secured by a first trust deed, on the terms and in the form described in section 2.D. hereinbelow in the amount of Nine Hundred Sixteen Thousand Five Hundred Dollars ($916,500). i. BUYER 2 shall deposit the sum of Forty-Four Thousand Five Hundred Dollars ($44,500) in cash or cash equivalent, less the amount of BUYER 1’s deposit, with Escrow Holder and shall execute and deliver to Escrow Holder a promissory note, secured by a first trust deed, on the terms and in the form described in section 2.D. hereinbelow in the amount of Three Hundred and Five Thousand Five Hundred Dollars ($305,500).

D. Terms and Form of BUYERS’ Promissory Notes. The promissory notes, in the amounts described in Paragraph 2.C. above, shall be in a form to be determined by the Parties and shall be on the following terms: The principal balance shall not be subject to interest payment, principal shall be due and payable one year from the date of the note, which shall be established as the Close of Escrow unless forgiven prior to such date; and the promisors may request within 30 days of the Close of Escrow that the full principal balance be forgiven by the Seller. Seller has previously determined that, in consideration for the value of the improvements made by BUYERS during the ownership of the Property by Seller, and in the consideration of the established charitable nature of both BUYERS, the public interest is served by a donation of the value of the promissory notes to the respective BUYERS.

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3. Conditions to Closing. Each of the following conditions must be met or waived before the Parties are obligated to Close Escrow. The Parties agree that if each of the conditions stated in this Paragraph 3 are not met or waived prior to December 1, 2022, either party may terminate this Agreement. The City Manager shall have the authority to extend this deadline for up to 60 days if both parties determine this to be warranted.

In the case nonsatisfaction of paragraph A. below, SELLER shall refund the Deposit.

Unless otherwise stated, both Parties must consent to a waiver of any condition of Closing.

A. SELLER, acting through the Visalia City Council, shall have adopted an ordinance authorizing sale of the Property. SELLER shall determine when to take action to satisfy this condition.

B. BUYERS shall execute and deliver to Escrow Holder for recording concurrently with the close of escrow a reciprocal access agreement as amongst the BUYERS in the form as described in Exhibit E.

4. Defaults and Remedies: Except as otherwise provided in this Agreement, if either party defaults in its obligations under this Agreement, the defaulting party shall immediately commence and diligently proceed to cure the default within forty-five (45) calendar days after written notice of default from the other party or, if reasonable, such longer time as is reasonably necessary to remedy such a default if such default cannot be cured within forty-five (45) calendar days for reasons beyond the control of the defaulting party. If the defaulting party does not promptly begin and diligently cure the default within a reasonable time, the other party may institute proceedings to cure the default, including without limitation, proceedings to compel specific performance by the defaulting party. Subject to any extension of time permitted by this Agreement, a failure or delay by a party to perform any term or provision of this Agreement constitutes a default.

5. Grant Deed. At the Closing Date, if all conditions contained herein have been met, which include but are not limited to the requirement that the Visalia City Council pass an ordinance authorizing the sale of the Property, then CITY will deliver to each BUYER 1 and BUYER 2 an individual Grant Deed conveying all of CITY’s right, title and interest in and to the Property to BUYERS according to the division of property determined pursuant to Paragraph 3.A.

6. Title.

A. Vesting. Title shall vest in BUYER upon the close of the Escrow subject to the covenants and conditions described in this Agreement.

B. SELLER has ordered from Title Company a preliminary title report pertaining to the Real Property (the “PTR”), together with copies of all documents relating to the title exceptions referred to in such PTR (the “Underlying Documents”). SELLER will provide the PTR within five (5) days of opening of Escrow. Within sixty (60) calendar days of the later of (i) the exercise of the Options or (ii) the receipt of the PTR and all Underlying Documents, BUYER shall notify SELLER in writing of any title exceptions identified in the PTR, which BUYER reasonably disapproves. Any exception not disapproved in writing within said sixty (60) calendar day period shall be deemed approved by BUYER, and shall constitute a “Permitted Exception” hereunder. BUYER and SELLER agree that (i) all non-delinquent property taxes and assessments, and (ii) all matters created by or on behalf of BUYER, including, without 109

limitation, any documents or instruments to be recorded as part of any financing for the acquisition of the Property by BUYER, shall constitute “Permitted Exceptions”. Within ten (10) days after receipt of BUYER’s notice of disapproval of title exceptions, SELLER shall notify buyer in writing of any such disapproved title exceptions which SELLER is unable or unwilling to cause to be removed or insured against prior to or at Closing and, with respect to such exceptions, BUYER then shall elect, by giving written notice to SELLER within five (5) days thereafter, 1) to terminate this Agreement, or 2) to waive its disapproval of such exceptions, in which case such exceptions shall then be deemed to be Permitted Exceptions. BUYER’s failure to give such notice shall be deemed an election to waive the disapproval of any such exception. In the event BUYER elects to terminate this Agreement in accordance with this Section, (i) all documents or funds in escrow shall be returned to the party depositing the same, and (ii) this Agreement and all rights and obligations of the parties hereunder shall terminate; except that, BUYER and SELLER each shall be responsible for one-half of any title or escrow cancellation fees and BUYER’s indemnification obligations contained in this Agreement shall survive such termination.

C. Title Insurance. CITY shall cause to be delivered to BUYER at the Closing written assurances from Title Company that it is prepared to issue to BUYER a CLTA owner’s policy of title insurance in the amount of the Purchase Price, insuring BUYER as fee owner of the Property, subject only to Title Company’s standard printed exclusions and exceptions and the Permitted Exceptions (the “Title Policy”). BUYER may at its sole cost and expense arrange with Title Company to have the Title Policy issued (i) as an ALTA Form B policy in place of a CLTA Policy, and (ii) with such endorsements as CITY may desire; provided that neither of these arrangements shall constitute a condition to, or impede or delay, the Closing. This cost to BUYER of the ALTA policy shall be the additional expense generated by the differenc” between the CTLA and ALTA policies.

7. Condition of Property.

A. As-Is. BUYERS each acknowledge and agree that the Property shall be conveyed to BUYERS “as-is”, in its current physical condition, with no warranties, express or implied, except as stated in this Agreement, as to the physical condition thereof, the presence or absence of any latent or patent condition thereon or therein, including, without limitation, any hazardous materials thereon or therein, and any other matters affecting the Property. From and after the close of the Escrow, BUYER hereby waives, releases, remises, acquits and forever discharges CITY, its officers, employees, and agents of and from any and all suits, causes of action, legal or administrative proceedings, claims, demands, actual damages, punitive damages, losses, costs, liabilities, interest, attorney fees and expenses of whatever kind and nature, in law or in equity, known or unknown, which BUYER ever had, now has, hereafter can, shall or may have or acquire or possess or arising out of or in any way connected with directly or indirectly out of, or in any way connected with, based upon, arising out of the condition, status, quality, nature, contamination or environmental state of the Property as of the Close of Escrow.

This release includes claims against CITY arising under The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (“CERCLA”), and Resource Conservation and Recovery Act (“RCRA”), and companion state laws, and state and federal common law, but is not intended to diminish, extinguish or interfere with claims against third parties who may be deemed Responsible or Liable parties under same. It is the intention of this Agreement that except as otherwise expressly set forth herein, any and all responsibilities and obligations of CITY to BUYER, and any and all rights or claims of BUYER, its successors and assigns and affiliated entities, as against CITY arising by virtue of the physical or environmental condition of the Property are by this release provision declared null and void and of no present or future effect as to such parties; provided, that notwithstanding any 110

other provision of this Section, nothing contained in this Section shall be deemed to create an obligation on the part of BUYER to indemnify, defend or hold harmless CITY or its directors, officers, shareholders, employees, or agents, or their respective heirs, successors, personal representatives and assigns, from or against any suits, causes of action, legal or administrative proceedings, claims, demands, actual damages, punitive damages, losses, costs, liabilities, interest, attorney fees or expenses of whatever kind and nature, in law or in equity, brought or asserted by any third party against BUYER. With respect to the matters released by BUYER pursuant to this Section, BUYER agrees to waive the benefits of Section 1542 of the Civil Code of the State of California, which provides as follows:

“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”

________________ _________________ ________________ (CITY’S Initials) (BUYER 1’s Initials) (BUYER 2’s Initials)

B. Environmental Disclosures. In fulfillment of the purposes of California Health and Safety Code section 25359.7(a), CITY represents and warrants that it has no knowledge and no reasonable cause to believe that any release of hazardous substances, as defined by California Health and Safety Code section 25316, has come to be located on or beneath the Property except as disclosed to BUYERS.

C. Due Diligence Inspections; Permit and Entitlement Applications.

(1) From the Effective Date until the close of the Escrow, BUYER, and its designated agents, subject to applicable lease agreement rules with the current tenant regarding access by landlord, shall have the right to enter the Property at all reasonable times for purposes of conducting inspections, environmental audits or surveys, studies and tests of the Property and investigations to determine the suitability of the Property for Buyer’s use. BUYER shall have the right to take samples of the Property so long as such samples do not damage the Property. In the event that BUYER’s inspection and testing of the Property discloses at any time prior to the Closing that the Property, or any portion thereof, is contaminated by or there has been any discharge or release of Hazardous Materials (as defined in Cal. Health & Safety Code § 25117), which contamination CITY is unwilling or unable to fully remediate to BUYER’s satisfaction, BUYER shall have the right until the close of the Escrow to elect to terminate this Agreement. In no event shall CITY be obligated to undertake any remediation. If during the Due Diligence Period Buyer determines in Buyer’s sole and absolute discretion that the Property is not suitable for Buyer’s intended uses, Buyer may terminate this Agreement and the Deposit will be returned to Buyer.

(2) BUYER hereby indemnifies and holds CITY and the Property harmless from and against any and all loss, costs, damage, expense, claim or liability including personal injury, loss of life and/or property damage that results from the acts or omissions of BUYER or its agents in performing or preparing for any inspection and/or testing activity on or about the Property. BUYER shall promptly pay all costs, fees and expense incurred as a result of or associated with such inspection work done or caused to be done by it on the Property as permitted by this Section. BUYER shall keep the Property free from any and all mechanics or similar liens or charges resulting from such inspection work. 111

(3) SELLER shall solely be responsible for obtaining any and all state, federal and local permits or development entitlements SELLER determines are necessary for its intended use of the Property. SELLER hereby authorizes BUYER to apply for and obtain such permits and entitlements during the pendency of Escrow

8. Escrow.

A. Establishment of Escrow. Following exercise of the Option, the Parties agree to open an escrow at Chicago Title Company, 1 (“Escrow Holder”). This Agreement shall constitute the instructions for the Escrow upon acceptance by the Escrow Holder. A duplicate original of this Agreement shall be deposited with the Escrow Holder.

B. Deposits into Escrow.

1) A duplicate original of this Agreement.
2) CITY shall deposit an executed and acknowledged original Grant Deed, although such execution is conditioned upon passage of the ordinance authorizing sale.
3) BUYERs shall deposit the remainder of the Purchase Price, net the amount of the Deposit paid to and held by SELLER, prior to the close of the Escrow.
4) BUYER and CITY shall deposit all escrow fees and costs as required herein.
5) The Parties shall deposit such other documents and instruments as may be reasonably necessary to allow the closing of the Escrow in accord with this Agreement.

C. Costs and Expenses. Sale closing costs shall be borne by the Parties as follows:
1) Title policy premium shall be paid by SELLER, except as stated above in Section 7(C) in the event of termination.
2) All sales taxes associated with the sale of the Property, documentary transfer taxes, ad valorem taxes, if any, costs of preparing and recording the Grant Deed, shall be paid by BUYER.
3) All other Escrow fees shall be split 50/50 between BUYER and SELLER.

Costs of any required development approvals are separate from the costs and expenses of sale closing costs described in this paragraph and shall be the sole responsibility of BUYER.

D. Closing/Closing Date. Escrow for conveyance of the Property shall close within five business days after the Parties have delivered to Escrow notice that conditions of Paragraph 4 of this Agreement have been met.

E. Procedure for Closing: Escrow Holder shall close the Escrow by doing the following:

1) Obtain from the Parties a confirmation that the Conditions to Closing identified in Paragraph 4 have been met.
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2) Pay from funds deposited by CITY and BUYER all charges for title insurance, escrow, and closing costs.
3) Pay to CITY funds deposited by BUYER for acquisition of the Property by the BUYER.
4) Prorate real and personal property tax and any other income or expense of the Property subject to being prorated as of the close of Escrow and pay same with funds deposited by CITY therefore.
5) Record Grant Deed in the Official Records of Tulare County and return the recorded Grant Deed to BUYER with a conformed copy to CITY, and file BUYER’s preliminary change of ownership report with the Tulare County Assessor.

F. Indemnification of Escrow Holder. Escrow Holder shall be indemnified and held harmless by CITY and BUYER against any and all costs, damages, attorney’s fees, expenses and liabilities which it incurs or sustains in connection with the escrow, except for such items as may be caused by Escrow Holder’s misconduct or negligence.

9. Covenants, Warranties and Representations of CITY. CITY has the authority to enter this Agreement, sell the Property, and to otherwise perform as set forth herein, subject to the requirement that the Visalia City Council pass an ordinance authorizing the sale of the Property. CITY is the sole owner of the Property and otherwise has the unrestricted right and power to sell it to BUYER under the terms of this Agreement and as limited by the existing building lease, as stated in this Agreement.

10. Covenants, Warranties and Representations by BUYER. BUYER warrants that it has the authority to enter this Agreement, purchase the Property, pay the Purchase Price, and otherwise perform as set forth herein.

11. Survival of Warranties. The satisfaction, truth, accuracy and completeness of each of the representations, warranties and covenants of CITY and BUYER contained in this Agreement, as of the date hereof and as of the close of the Escrow, shall constitute a condition precedent to the obligations of CITY and BUYER respectively, hereunder. All representations, warranties and covenants set forth herein shall survive the close of the Escrow, and CITY and BUYER each agree to indemnify, defend and hold the other harmless from any claim, demand, liability, loss or cost (including without limitation reasonable attorneys’ fees and costs) which the other may sustain arising out of any breach of or inaccuracy in the respective representations, warranties and covenants of CITY and BUYER set forth in this Agreement; provided, that the representations and warranties of CITY and BUYER shall survive only until the fifth anniversary of the close of the Escrow.

12. Conditions Precedent to BUYER’s Obligations to Perform. BUYER’s obligation to perform as set forth herein is hereby expressly conditioned on satisfaction of each and every one of the following conditions precedent:

A. CITY shall have timely performed each of the acts to be performed by it hereunder.

B. Each of the CITY’s representations and warranties set forth herein shall be true at the close of the Escrow as if affirmatively made at that time.

13. Conditions Precedent to CITY’s Obligations to Perform. CITY’s obligation to perform as 113

set forth herein is hereby expressly conditioned on satisfaction of each and every one of the following conditions precedent:

A. BUYER shall have timely performed each of the acts to be performed by it hereunder.

B. Each of the BUYER’s representations and warranties set forth herein shall be true at the Closing as if affirmatively made at that time.

14. Defaults and Remedies: Except as otherwise provided in this Agreement, if either party defaults in its obligations, the defaulting party shall immediately commence and diligently proceed to cure the default within forty-five (45) calendar days after written notice of default from the other party or, if reasonable, such longer time as is reasonably necessary to remedy such a default if such default cannot be cured within forty-five (45) calendar days for reasons beyond the control of the defaulting party. If the defaulting party does not promptly begin and diligently cure the default within a reasonable time, the other party may institute proceedings to cure the default, including without limitation, proceedings to compel specific performance by the defaulting party. Subject to any extension of time permitted by this Agreement, a failure or delay by a party to perform any term or provision of this Agreement constitutes a default.

15. Miscellaneous Provisions:

A. Entire Agreement: This Agreement and those additional documents required to implement the conditions that are set forth in Section 3, collectively constitute the entire agreement between the CITY and BUYER as to its subject matter and no prior oral or written understanding shall be of any force or effect. This Agreement may not be modified without the written consent of both parties.

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

C. No Third Party Beneficiaries Intended: The Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

D. No Partnership or Joint Venture: This Agreement shall not be construed or deemed to create a relationship of partnership or joint venture between the CITY and BUYER or among the Project participants.

E. Exhibits and Recitals: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

F. Conflict with Laws or Regulations/Severability: This Agreement is subject to all applicable laws and regulations. If any provision(s) is found by any court or other legal authority, or is agreed by the Parties, to conflict with any code or regulation governing its subject, the conflicting provision(s) shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, then the Agreement may be terminated at the option of the effected party. In all other cases, the remainder of the Agreement shall continue in full force and effect.

G. Further Assurances: The Parties agree to perform all further acts, and to 114

execute, acknowledge, and deliver any documents that may be reasonably necessary, appropriate or desirable to carry out the purposes of this Agreement.

H. Authority: The execution and delivery of this Agreement by BUYER and CITY has been duly authorized and approved by all necessary council and board action, and the consummation of the transaction contemplated hereby has been duly authorized and approved by all requisite action, and no other authorizations or approvals are necessary to enable the Parties to enter into or fully comply with the terms of this Agreement.

I. Binding on Successors: The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the heirs, executors, administrators and assigns of the respective Parties hereto. As stated above in Section 15, CITY’s prior written approval is required prior to a transfer or assignment of this Agreement by BUYERS until the terms of this Agreement are met.

J. Notices: All notices under this Agreement shall be effective upon personal delivery to CITY or BUYER, as the case may be, or, three (3) business days after deposit in the United States mail, registered or certified, postage fully prepaid and addressed to the respective parties as follows:

To CITY: City Manager

CITY OF VISALIA
220 North Santa Fe Street
Visalia, CA 93292

To BUYER 1: Carol Cairns
President

THE CREATIVE CENTER
606 N. Bridge St
Visalia, CA 93292

To BUYER 2: Jen Masters, President

VISALIA PLAYERS
P.O. Box 1362
Visalia, CA 93279

or such other address as the Parties may from time to time designate in writing. As a matter of convenience, however, communication between CITY and BUYERS shall, to the extent feasible, be conducted orally by telephone or in person, with such communications to be confirmed and made effective in writing as set forth above provided no such oral notice or communication shall be effective unless so confirmed in writing.

K. Waiver. A waiver of any breach of this Agreement by any Party shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other provision of this Agreement.

L. Choice of Laws/Venue. This Agreement shall be governed by the laws of the State of California and any questions arising hereunder shall be construed or determined according to 115

such law. Venue for any legal action arising from or in connection with this Agreement or the Property shall be in Tulare County, California.

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

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

O. Broker’s Commission. Both CITY and BUYER have not incurred any separate broker fees in this transaction, and as a result, neither party shall be liable for the payment of broker fees..

P. Risk of Loss. Risk of physical loss to the Property shall be borne by BUYER from and after the Closing. In the event of the loss or destruction of a material part of the Property prior to the Closing from a cause other than the intentional act or omission or negligence of BUYER, then, unless CITY has agreed to reduce the Purchase Price by an amount equal to the amount of the loss or destruction, at BUYER’s option, both Parties shall be relieved of their obligations and this Agreement shall be deemed void and without further effect. Prior to the Closing, CITY shall be responsible for maintaining the Property and not make or allow any uses, changes or alterations of the Property that could materially reduce the value of the Property.

Q. Counterparts. This Agreement may be executed in counterparts, with all such executed counterparts together constituting a single, original document. Facsimile and electronic signatures shall be binding.

R. Retention or Refund of Deposit as Liquidated Damages. In the event that this transaction is terminated prior to Close of Escrow, and the Deposit is either retained by SELLER or refunded to BUYER pursuant to the terms of this Agreement, such retention or refund shall serve as the sole remedy that either Party is entitled to receive, and no Party shall have a claim against the other for costs expended in furtherance of this transaction prior to termination.

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IN WITNESS WHEREOF, the parties have executed this Agreement.

“CITY” or “SELLER”

City of Visalia

__________________________________
By: Leslie Caviglia, City Manager

“BUYER 1”

Creative Center

By: Carol Cairns, President

By: ___________________, Secretary

Approved as to Form as to CITY:

_______________________________
By: City Attorney

_______________________________
By: Project Manager

“BUYER 2”

Visalia Players

By: Jen Masters, President

By: Velva Hampson, Secretary

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Exhibit A – Legal description for Parcel One

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Exhibit B – Plat for Parcel One

119

Exhibit C- Legal Description for Parcel Two

120

Exhibit D – Plat for Parcel Two

121

Exhibit E
Reciprocal Easement Agreement

122

123

124

125

126

127

128

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0313 Agenda Date: 9/19/2022 Agenda #: 6.

Agenda Item Wording:

Request to Authorize the City Manager to 1. file Notice of Completion for the Packwood Creek Trail - Santa Fe to Crumal Dr (RFB 20-21-24), 2. Execute an amendment to the Measure R supplement agreement, 3. Authorize an additional appropriation of $70,000 from the Measure R Trails (132) Fund and 4. Amend the Measure R Trail Expenditure Plan to reallocate $70,000 from the “K Road along SJ line” to the “Packwood Creek Trail.” (Project Number 3010-72000/CP0012-999) Deadline for Action: None
Submitting Department: Administration -CIP Engineering
Contact Name and Phone Number:

Diego Corvera, Civil Engineer, [email protected], (559) 713-4209 Frank Senteno, City Engineer, [email protected], (559) 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that the City Council authorize the following:

1. Authorize the City Manager to file a Notice of Completion for the for the Packwood Creek Trail - Santa Fe to Crumal Dr project (RFB 20-21-24)

2. Authorize City Manager to execute an amendment to the Measure R supplement agreement to increase the Measure R Trails (132) funds allocated to this project by $70,000.

3. Authorize an additional appropriation of $70,000 from Measure R Trails Fund (132).

4. Authorize the amendment of the Measure R Trail Expenditure Plan to reallocate $70,000 from the “K Road along SJ line” to the “Packwood Creek Trail.” Background Discussion:

The Packwood Creek Trail project consisted of the new construction of 0.60 miles of a Class I trail between Cedar and Crumal Streets completing the missing segment of the Packwood Creek Trail west of Lovers Lane to the Trail west of McAulif Street. The project also constructed a Class IV bike route along Walnut Ave connecting the existing Packwood Creek trail west of Ben Maddox St to the Santa Fe Trail along Santa Fe St.

Packwood Creek Trail
The project constructed a ten (10) foot wide asphalt multi-use trail with two (2) foot shoulders and a 4:1 max slope swale outside of the shoulders. The trail follows the Packwood Creek alignment, moving north from the intersection of Cedar Street and Walnut Ave and then turning east towards Lovers Lane. At the Lover’sLane crossing a HAWK pedestrian signal was installed to facilitate a safe and controlled crossing for pedestrians. The trail continued along Packwood Creek east of Lovers Lane and terminated at the existing trail head at Crumal Street. The trail has solar lighting, Visalia City Council Printed on 9/16/2022Page 1 of 6
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Lovers Lane and terminated at the existing trail head at Crumal Street. The trail has solar lighting, benches and trash receptacles installed as amenities to attract trail users and improve safety.

Walnut Avenue Class IV Bike Lanes
The project also added class IV bike lanes along Walnut Avenue between Santa Fe Street and Ben Maddox Way as a connecting route between the Packwood Creek Trail and the Santa Fe Trail. The class IV bike lane is seven (7) feet wide with a four (4) foot buffer and delineator posts were installed to serve as a physical/visual barrier between vehicle travel lanes and the bike lane. The width and buffer protections incorporated into the class IV design will serve to mimic the safety and comfort that is perceived along the existing Packwood multi-use Trail. To help provide a safe connecting route between the two multi-use trails, the vehicle travel lanes were also narrowed to reduce vehicle speed and to accommodate the wider bicycle facility, this will greatly increase the overall visibility and safety of all road users.

The start of construction began on July 13th, 2021 and was completed in March 2022. The construction of the trail and associated improvements were completed within the allotted construction timeline.

The final total construction cost was $1,151,391.84. The construction contract was awarded to Avison Construction Inc. in the amount of $1,099,500.00 in March 2021. The original contract amount was $1,099,500.00 and the final cost of the construction contract including change orders was $1,151,391.84. Total change orders amounted to $51,891.84.

The following is a breakdown of the construction change orders:

Change Order Breakdown
Category Cost Percentage
Errors & Omissions (E&O)$28,658.12 2.61%
Utility Conflict (UT) $9,813.63 0.89%
Balance of Quantities (BQ)$11,364.25 1.03%
Unforeseen (UN) $1,060.50 0.10%
Change of Scope (CofS) $995.34 0.09%
Total: $51,891.84 4.72%
Errors & Omissions
The costs associated with the Errors & Omissions category consisted of the removal of 44 additional trees that were required in order to construct the trail and these were not called out on the plan set.

The plans identified some trees to be removed but not all. The specifications described the clearing and grubbing efforts to also include some tree removal; City staff discussed the approach and situation and it was agreed that due to some trees being identified on the plans and others were not, a strong case could not be made that the contractor is fully responsible for the removal. Negotiations commenced and the contractor removed the 44 trees at the agreed cost of $500 dollars a tree, resulting in $22K change order.. Additionally, an update to the signal controller hardware was also necessary and was also not identified in the project specifications.

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Utility Conflict
The cost associated with Utility Conflict category consisted of locating and working around existing AT&T, Comcast, and Southern California Gas Company utilities in the vicinity of the HAWK crossing signal pole footings. Additional potholing was necessary during construction that required some utility lines to be relocated in order to construct the signal footings.

Balance of Quantities
The cost associated with Balance of Quantities category consisted of final project striping, asphalt, aggregate base, and delineator count differing from the original bid. Additional asphalt was needed in the roadway section along Lovers Lane then what was originally stated in the bid. The striping for the project was updated as an addendum to the project to provide more robust safety along the Walnut Ave bike route. In this addendum the final striping removal amounts were underestimated compared to what was necessary for the work. Originally 270 delineators were specified for the work along Walnut Ave, the final count was 176 installed. We also paid for 50 additional delineators for maintenance, this resulted in a credit to the project for the difference. All extra material was paid at the unit price cost, resulting in zero overage pay for the adjustments in the field.

Unforeseen
The cost associated with Unforeseen category consisted of finding abandoned irrigation pipe within the project area that required efforts to abandon and plug. This was necessary to ensure that no water can enter the pipe and potentially undermine the structural integrity of the trail.

Change of Scope
The cost associated with the change of scope category consisted of the incorporation of additional safety features added to the HAWK pedestrian crossing, including the addition of green paint at the crossing, pedestrian barricades, and added striping incorporating bulb out dimensions to reduce the crossing distance. Additionally, unnecessary work that was omitted included the video detection at the HAWK crossing, concrete pull boxes, and an modification to the bollard configuration at the trail head which removed an extra bollard.

There were a total of three (3) contract change orders associated with this project. Each of the change orders were reviewed and approved by the City of Visalia Change Order Committee.

Fiscal Impact:

This trail construction project was budgeted, using federal Congestion Mitigation and Air Quality (CMAQ) funds (281), Measure R Trail (132) Funds, and Waterways Capital fund (261).

The project budget is as follows:

Packwood Creek Trail - Santa Fe to Crumal
Funding Source
CMAQ Federal Funding (281) $1,137,000.00
Measure R Trails (132) $678,580.00
Waterways Capital (261) $131,300.00
Total Project Funding $1,946,880.00
Packwood Creek Trail - Budget
Design Consultant - P&P $132,373.00
Right of Way (acquisition cost and legal fees) $364,813.00 Staff Time and other Design Costs (Right-of-way and design)$225,000.00 Construction $1,099,500.00
Construction Contingency (10%) $109,950.00
Construction Management $15,244.00
Construction Budget $1,946,880.00
Packwood Creek Trail - Construction Costs
Prior cost (Design, ROW, Staff time) $722,186.00
Construction Contract $1,099,500.00
Construction Change Orders $51,891.84
Construction Services (CM, inspection, materials testing and Survey)$121,000.00 HAWK Outreach Production and Staff time $14,615.00
Future Landscaping Grant Application $4,060.00
Total Cost Riggin Avenue Signalization Project $2,013,252.84 Packwood Creek Trail Budget Summary
Total Project Funding $1,946,880.00
Total Cost Packwood Creek Trail Project $2,013,252.84
Approximate Funding Shortfall ($66,372.84)
Measure R Trails (132) Appropriation Request $70,000.00 Visalia City Council Printed on 9/16/2022Page 3 of 6
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Packwood Creek Trail - Santa Fe to Crumal
Funding Source
CMAQ Federal Funding (281) $1,137,000.00
Measure R Trails (132) $678,580.00
Waterways Capital (261) $131,300.00
Total Project Funding $1,946,880.00
Packwood Creek Trail - Budget
Design Consultant - P&P $132,373.00
Right of Way (acquisition cost and legal fees) $364,813.00 Staff Time and other Design Costs (Right-of-way and design)$225,000.00 Construction $1,099,500.00
Construction Contingency (10%) $109,950.00
Construction Management $15,244.00
Construction Budget $1,946,880.00
Packwood Creek Trail - Construction Costs
Prior cost (Design, ROW, Staff time) $722,186.00
Construction Contract $1,099,500.00
Construction Change Orders $51,891.84
Construction Services (CM, inspection, materials testing and Survey)$121,000.00 HAWK Outreach Production and Staff time $14,615.00
Future Landscaping Grant Application $4,060.00
Total Cost Riggin Avenue Signalization Project $2,013,252.84 Packwood Creek Trail Budget Summary
Total Project Funding $1,946,880.00
Total Cost Packwood Creek Trail Project $2,013,252.84
Approximate Funding Shortfall ($66,372.84)
Measure R Trails (132) Appropriation Request $70,000.00 The project shortfall is due primarily to underestimating the cost for construction services as well as the additional cost and effort in producing the HAWK Crossing video production post construction.

The requested appropriation from the Measure R Trail (132) fund will be sufficient to close out the project.

Appropriation of Measure R Trail (132) Funds:

Staff recommends an additional appropriation of $70,000 from the Measure R Trail Fund (132) to address the budget shortfall. In order to allocate additional funds to this project, Council approval is needed for the following:

A. An amendment to the current supplement agreement is needed to increase Measure R funds to this project and is based on the amount of Measure R funds approved by Council. The current supplement agreement authorized a total of $678,280 of Measure R funds can be utilized towards this project. Upon Council approval to increase Measure R funds of $70,000, Visalia City Council Printed on 9/16/2022Page 4 of 6
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the total amount of Measure R trails funds authorized towards this project will be $748,280.

B. Approve $70,000 be reallocated from the “K Road along SJ line” to the “Packwood Creek Trail”with the Measure R Trail Expenditures Plan. The Measure R Expenditure Plan allocates funds to various City of Visalia trails. The reallocation of funds between projects within the Measure R Expenditure Plan requires Council approval. Staff recommends this reallocation considering a previous engineering study found the K Street alignment infeasible because of the challenges of the railroad. The table below summarizes the Measure R funds currently available to allocate to specific projects along the Packwood Creek Trail and the K Road along SJ line
Trail Name Remaining MR funds Reallocate Adjusted Amount Packwood Creek Trail $0 $70,000 $70,000
K Road along SJ line $817,179 $(70,000) $747,179
Please note, this reallocation of funds will not impact the overall total amount of Measure R funds allocated to the City of Visalia by the Measure R Expenditure Plan as the reallocation is being made between City of Visalia projects.

Prior Council Action:

March 15th, 2021:

Authorize the City manager to 1. Award the construction contract for the Packwood Creek Trail - Santa Fe to Crumal Dr Project (RFB 20-21-24), to Avison Construction Inc. of Madera CA in the amount of $1,099,500. 2. Execute an amendment to the TCAG supplemental agreement, 3. authorize an appropriation of $131,300 from waterways Capital (261) Fund, 4. Authorize appropriation of $315,000 from Measure R Trails (132) fund and 5. Amend the Measure R Trail Expenditure Plan to designate $76,764 from the “K Street Bike Path” to the “Packwood Creek Trail.” (Project Number 3010-72000/CP0012-999)
March 5th, 2018:

Public hearing to consider and adopt a Resolution of Necessity to acquire a strip of property from APN: 100- 360-032 and 100-370-025 (near the northwest corner of Walnut Avenue and Lovers Lane) necessary to improve the existing Packwood Creek Bank with a Class I multi-use path.

April 17, 2017:

City Council authorized the City Manager for second amendment to the professional design services contract for Provost & Pritchard Consulting Group for the design of the Packwood Trail Project for a total contract amount of $113,373.00 (Project Number 3010-72000/CP0012-999).

Other:

None
Alternatives:

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

I move to authorize the City Manager to file a Notice of Completion for the Packwood Creek Trail - Santa Fe to Crumal Dr project (RFB 20-21-24), amend the Measure R supplemental agreement as well as the Measure R Trail Expenditure Plan, and appropriate associated funds identified within the report.

Environmental Assessment Status:

CEQA Review:

Categorical Exemption, Section 15304, issued January 6th, 2015 for Packwood Creek Trail from Santa Fe Trail to Walnut Avenue, and Walnut Avenue to Crumal Street; and Categorical Exemption, Section 15301c, issued February 25th, 2021 for Packwood Creek Trail from Santa Fe to Walnut Ave to Crumal Street.

NEPA Review:

CML-5044(104) - Categorical Exemption, 23 USC 326 “nosignificant impacts on the environments as defined by NEPA, and that there are no unusual circumstances as described in 23 CFR 771.117(b).” Attachments:

1. Contractor Disclosure Form

2. Project Map Western Limits

3. Project Map Eastern Limits
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CITY OF VISALIA
Ownership Disclosure for Contractors and
Consultants
Avison Construction Inc.FirmName:

Firm Address: 40434 Brickyard Drive, Madera, CA93636
List the names of all principals, partners, and/or trustees. directors and all stockholders owning more than 10% equity Louis R. Avila - President
For corporations provide names of officers,
interest in corporation:

Kelly Avila - Secretary/Treasurer
Curtis Short - General Manager
Curtis Short - General Manager
2/3121

PACKWOOD CREEK TMIL - SANTA FE ST TO CRUMAL DR
RFB-20-21-24
I2
136

PACKWOOD
EVANS
.

PACKWOOD TRAIL

IMPROVEMENTS
Class I9
Bike Route
Legend
Ben Maddox Way

PROJECT LOCATION MAP

WESTERN LIMITS
Walnut Avenue
Santa Fe Street

K AVENUE
Existing Santa Fe Trail Existing Packwood Creek Trail

PACKWOOD CREEK TRAIL

IMPROVEMENTS
Constructed
on-street Class IV
Bike Route
137

PACKWOOD
EVANS
TULARE IRRI. DIST.

CAMERON
.

PACKWOOD CREEK TRAIL

IMPROVEMENTS
Constructed Trail
Legend

PEDESTRIAN SIGNAL
Lover lane

PROJECT LOCATION MAP

EASTERN LIMITS
Walnut Avenue
McAuliff Street
Pinkham Street
HAWK Pedestrian Signal
Tulare Ave
Cedar St
Crumal St
Existing Packwood Trail
Existing Packwood Trail
138
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0352 Agenda Date: 9/19/2022 Agenda #: 7.

Agenda Item Wording:

Authorize the City Manager to award an emergency contract with Provost & Pritchard Consulting Group of Visalia, CA for the preparation of an Agriculture Mitigation Program in an amount not to exceed $150,000, and appropriate $150,000 from the General Fund.

Deadline for Action: 9/19/2022
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that the City Council authorize the City Manager to award an emergency contract with Provost and Pritchard Consulting Group of Visalia, CA in an amount not to exceed $150,000 for the preparation of an Agriculture Mitigation Program (AMP) to implement the adoption of a Agricultural Preservation Ordinance as outlined in the Scope of Work attached as Exhibit “A”, including the optional task to prepare a study to document the calculation of an in-lieu fee for the Agricultural Preservation Ordinance (APO) to serve as the basis for the City to adopt an in-lieu fee that can provide projects an alternative to securing and dedicating agricultural conservation easements on their own, and to appropriate $150,000 from the General Fund for the preparation of an Agriculture Mitigation Program / Ordinance for the City of Visalia.

Summary:

The City of Visalia went through a General Plan Amendment process to remove a land use policy related to the establishment of an Agricultural Mitigation Program (AMP) for development within the Tier II and III Urban Growth Boundaries. The removal of this policy lead to two organizations filing a suit against the City of Visalia for removing the General Plan Land Use Policy eliminating the requirement of an AMP for development to occur within the Tier II and III Urban Growth Boundaries.

On July 21, 2022, the Superior Court of the State of California, County of Tulare ruled that the City failed to comply with the disclosure requirements under CEQA in its use of an addendum for the removal of the AMP. The City Council rescinded the resolution and certification of the addendum for GPA No. 2021-01, thereby reinstituting Land Use Policy LU-P-34.

Staff is requesting the City Council authorize the City Manager to execute a contract with Provost and Pritchard Consulting Group to assist staff in the preparation of an AMP/APO to be considered for adoption at a future public hearing before the City Council.

The study and preparation of the AMP/APO is being done to fulfill General Plan Land Use Element Policy LU-P-34, created during the General Plan Update process in 2014 to assist with mitigating the impacts of the loss of farmland as a result of land use development under the General Plan. The Policy is one of the primary mitigation measures associated with the General Plan Environmental Visalia City Council Printed on 9/16/2022Page 1 of 6
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Policy is one of the primary mitigation measures associated with the General Plan Environmental Impact Report (Impact 3.5-1). The Policy requires the creation and adoption of a mitigation program to address the conversion of Prime Farmland and Farmland of Statewide Importance in Growth Boundary Tiers II and III. The Policy must be fulfilled before the City can take any further action on approving land use development projects in the current Tier II Urban Growth Boundary.

Provost & Pritchard, founded in 1968, is a consulting group providing engineering and planning services throughout California. They have had experience in preparing a variety of policy and regulatory documents that include general plans, environmental impact reports, groundwater sustainability plans, and various implementation documents. They have overseen numerous projects in Tulare County as well as in the City of Visalia.

Scope of Work:

Provost & Pritchard (P&P) is partnering with BAE Urban Economics (BAE) for this effort. BAE will be providing support to the project team regarding potential establishment of an in-lieu fee, included as an optional task in the scope of work (see Exhibit “A”),as well as function in an advisory capacity to support preparation for the City Council work sessions. Should the City move forward with establishing an in-lieu fee, BAE will be preparing the fee study for that effort. The content of the AMP/APO will address program goals, policy linkages, and implementation measures as follows.

Phase 1: Project Initiation, Management, and Research
Task 1: Kickoff Meeting and Project Management (On-going) The P&P team will meet with City staff to discuss the Agricultural Preservation Ordinance and proposed scope of work. In this meeting, we will:
· Discuss communication protocols and confirm key points of contact for the project; · Confirm the objectives for the project and key messaging for public outreach efforts; · Identify key stakeholders; and
· Confirm the scope of work and schedule.

Sara Allinder will serve as the Project Manager and primary point of contact for City staff.

Task 1.2: Outreach Materials and Project Communications In coordination with City staff, the P&P team will establish communication goals and key messaging for the project, confirm where public and decision-maker engagement is targeted during the process, and confirm P&P team and City staff roles and responsibilities, including contact information of the primary point of contact for public outreach tasks and inquiries.

Preparation of g outreach materials and language to introduce the City of Visalia Agricultural Preservation Ordinance and, where applicable, to provide regular updates on project progress include:
· Project flyers.
· Language for posting to the City’s webpage.
· Language for posting to the City’s social media accounts in a format compatible with the media platforms (Facebook, Twitter, and Instagram).
· Email updates through Constant Contact regarding the project as key milestones are achieved Visalia City Council Printed on 9/16/2022Page 2 of 6
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· Email updates through Constant Contact regarding the project as key milestones are achieved or as needed to promote community workshops and hearings.

Promotion of the City of Visalia Agricultural Preservation Ordinance and distribution of the initial outreach materials as described above will commence immediately following confirmation of project messaging by City staff. Ongoing promotion and noticing of the project will begin in advance of upcoming workshops and as needed to meet all public noticing requirements for community workshops and hearings.

Task 1.3: Ordinance Research and Interviews
Building off previous research and data collection efforts conducted during the Feasibility Study process, the P&P team will conduct interviews with up to three jurisdictions that have agricultural preservation programs in place to understand and document lessons learned from their experience that may be relevant for the City to consider in the establishment of an Agricultural Preservation Ordinance, particularly in the collection, management, and expenditures of funds collected through an in-lieu fee.

P&P will also conduct interviews with up to three land trusts with experience in the coordination, purchase, management, and monitoring of agricultural conservation easements. The intent of these interviews is to further understand and document considerations for how land is selected and what impact the selection process and available tools used by the land trusts may have on how the Agricultural Preservation Ordinance is established.

Phase 2: Administrative Draft Agricultural Preservation Ordinance Task 2.1: City Council Work Session No. 1 - Ordinance Parameters Following the research and interviews conducted as part of Phase 1, P&P will conduct a work session with City Council. The purpose of the work session will be to present input received from the interviews as well as review, discuss, and receive direction on preferred parameters for the Agricultural Preservation Ordinance. The direction received from City Council will feed directly into the development of the Administrative Draft Agricultural Preservation Ordinance. Anticipated parameters to be defined during the work session include:
· Area of applicability (i.e., what lands being converted will be subject to the Agricultural Preservation Ordinance),
· Definition of “equivalent” agricultural land as used in the policy language, · Boundaries where conservation easements may be accepted under the Agricultural Preservation Ordinance,
· Preferences for engaging with qualifying entities, and · Allowances for payment of an in-lieu fee relative to purchase of conservation easement.

Task 2.2: Administrative Draft Agricultural Preservation Ordinance The P&P team will prepare an Administrative Draft Agricultural Preservation Ordinance for review and consideration by City staff, consistent with General Plan Policy LU-P-34, and based on feedback received from the City Council work session (Task 2.1). The Administrative Draft Agricultural Visalia City Council Printed on 9/16/2022Page 3 of 6
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received from the City Council work session (Task 2.1). The Administrative Draft Agricultural Preservation Ordinance will include the ordinance language for adoption and will establish clear applicability thresholds for when preservation is required will be established for Prime Farmland or Farmland of Statewide Importance in the Tier II and Tier III Growth Boundaries; outline standards for implementation, including how preservation may be achieved and the acceptable methods for preservation (i.e., conservation easements, in-lieu fees); and establish criteria to determine what land is eligible for conservation easements to meet the intent of the Agricultural Preservation Ordinance.

Based on the direction received from City Council during the work session, the P&P team may establish an in-lieu fee to support implementation of the ordinance, including preparation of a fee study. Preparation of a fee study and adoption of a fee by resolution is included as an optional task below. While a general fee and schedule has been estimated, should this option be directed, a detailed scope of work will be provided.

Task 2.3: Public Review Draft Agricultural Preservation Ordinance The P&P team will prepare the Public Review Draft Agricultural Preservation Ordinance in response to the comments provided by City staff. The Public Review Draft Agricultural Preservation Ordinance will be made available for a 30-day public review period.

Task 2.4 City Council Work Session - Public Review
The P&P team will facilitate a workshop during the public review period for the Public Review Draft Agricultural Preservation Ordinance. The purpose of this workshop is to respond to questions raised during the public review period and to focus on consensus building prior to final adoption.

Task 2.5 Final Agricultural Preservation Ordinance and City Council Hearing Following the close of the public review period, the Provost & Pritchard team will prepare the Final Agricultural Preservation Ordinance in response to the consolidated set of public review comments provided by City staff. The Final Draft Agricultural Preservation Ordinance will be presented to the City Council for adoption at a public hearing.

Optional Task: Establishment of an In-Lieu Fee
Upon direction from the City Council, BAE team will prepare a study to document the calculation of an in-lieu fee for the Agricultural Preservation Ordinance, to serve as the basis for the City to adopt an in-lieu fee that can provide projects subject to agricultural land conservation requirements an alternative to securing and dedicating agricultural conservation easements on their own.

City staff is recommending, based on the contract amount, that this optional task be included in the emergency contract fee. This will allow staff and the consultant to begin engaging BAE with getting this optional task started in preparation of the future City Council work session as noted in Task 2.1.

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Estimated Timeline:

Provost & Pritchard estimates a seven (7) month timeline assuming project initiation in late September 2022. Assistance requested from the City includes provision of requested data, attendance at in-person meetings, including workshops, review and comment on deliverables, consolidation of comments, and attendance at the City Council hearing for adoption. Should the Optional Task be directed, an additional three (3) months would be required, extending the overall project schedule to nine (9) months.

Staff will continue to seek ways to accelerate the timeline, where feasible, based on input and direction received from the City Council during the work session discussion.

Fiscal Impact:

The consultant services will be funded by the General Fund. Staff is also seeking if the allocated SB 2 Planning Grant monies can be used for the preparation of an Agricultural Mitigation Program. The project will require staff time from existing in-house City staff to manage the consultant and assist with providing data.

Correspondence: None.

Prior Council Action:

On August 18, 2022, the City Council adopted Resolution No. 2022-50 which rescinded the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request to by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34 by removing the requirement for properties converting farmland within Growth Tiers II and III to enter into an Agricultural Mitigation Program (AMP).

The adoption of the resolution to rescind the adoption of Resolution No. 2021-44 was based on the ruling of the Superior Court of the State of California, County of Tulare, which invalidated the City of Visalia’sapproval to General Plan Amendment (GPA) No. 2021-01 and the related certification of an addendum to a previously certified environmental impact report (EIR).

Other: None.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager execute an emergency contract with Provost and Pritchard Consulting Group of Visalia, CA in an amount not to exceed $150,000 for the preparation of an Agriculture Mitigation Program (AMP) to implement the adoption of a Agricultural Preservation Ordinance as outlined in the Scope of Work attached as Exhibit “A”,including the optional task to prepare a study to document the calculation of an in-lieu fee for the Agricultural Preservation Ordinance (APO) to serve as the basis for the City to adopt an in-lieu fee that can provide projects an alternative to securing and dedicating agricultural conservation easements on their own, and to appropriate $150,000 from the General Fund for the preparation of an Agriculture Mitigation Program / Ordinance for the City of Visalia.

Environmental Assessment Status:

No environmental assessment required at this time. The adoption of an AMP will require CEQA Visalia City Council Printed on 9/16/2022Page 5 of 6
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documentation to be completed by City staff.

CEQA Review:

Not at this time. The adoption of the AMP will require CEQA documentation to be completed by City staff.

Attachments:

1. Exhibit “A” -Scope of Work Visalia APO Letter Proposal Visalia City Council Printed on 9/16/2022Page 6 of 6
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455 W. Fir Avenue
Clovis, CA 93611-0242
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com

\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Visalia - Ag Mitigation Program 22-532\Working Drafts\Visalia APO Letter Propoisal_F.docx

Engineering  Surveying  Planning  Environmental  GIS  Construction Services  Hydrogeology  Consulting Clovis  Bakersfield  Visalia  Modesto  Los Banos  Chico  Sacramento  Sonora

September 16, 2022

Paul Bernal, Community Development Director
City of Visalia
315 E. Acequia Avenue
Visalia, CA 93291

Subject: Planning Services for the City of Visalia Agricultural Preservation Ordinance

Dear Mr. Bernal:

Thank you for the opportunity to submit this proposal to prepare an Agricultural Preservation Ordinance for the City of Visalia. This letter outlines our proposed scope, budget, and timeline for the project.

Project Understanding
The City of Visalia has directed staff to implement an Agricultural Mitigation Program, as outlined in General Plan Policy LU -P-34. The Agricultural Mitigation Program would be implemented through adoption of an Agricultural Preservation Ordinance, which would direct how the program would be implemented by City staff. Provost & Pritchard understands that the adoption of the Agricultural Preservation Ordinance is a necessary step for projects in the Tier II and Tier III growth boundaries to move forward. With a number of active development projects located in Tier II, the City has expressed that the timeline for adoption is a consideration. While the policy language is prescriptive with relation to some of the program requirements, such as ensuring a 1:1 rati o of converted land to conserved land , there are still program parameters that require additional direction to ensure the Agricultural Preservation Ordinance meets the intent of the policy.

The scope of work, as outlined below, reflects the need to unders tand what options are available to the City in how the Agricultural Preservation Ordinance is structured, while meeting the intent of General Plan Policy LU-P-34 and facilitating development within the Tier II growth boundary.

Project Team
Provost & Pritchard is partnering with BAE Urban Economics, Inc. (BAE) for this effort. BAE will be providing support to the project team regarding potential establishment of an in-lieu fee, included as an optional task in the scope of work, as well as function in an advisory capacity to support preparation for the City Council work sessions. Should the City move forward with establishing an in-lieu fee, BAE will be preparing the fee study for that effort.

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Scope of Work
Our scope of work for this effort includes the following phases, including an optional task for establishment of an in-lieu fee identified under Phase 2.

Phase 1: Project Initiation, Management, and Research
Task 1.1: Kickoff Meeting and Project Management (On-going) Successful project management begins with coordination with City staff to review and confirm the expectations of the work effort. The Provost & Pritchard team will meet with City staff to discuss the Agricultural Preservation Ordinance and proposed scope of work. In this meeting, we will:

• Discuss communication protocols and confirm key points of contact for the project; • Confirm the objectives for the project;
• Identify key stakeholders; and
• Confirm the scope of work and schedule.

Sara Allinder will serve as the Project Manager and primary point of contact for City staff. Ongoing project management duties will include internal and external coordination, billings, record keeping, scheduling, meeting coordination, and staff work assignments. We will also provide monthly progress status reports to help facilitate staff updates to decision-makers.

Task 1.1 Meetings
• In-person meeting between City staff and up to 2 Provost & Pritchard staff; remote participation by BAE
• Scheduled coordination conference calls every two weeks or as needed between City staff and the Provost & Pritchard team
Task 1.1 Deliverables
• Kickoff meeting and coordination call summary notes
• Monthly progress status memos to accompany monthly invoices

Task 1.2: Outreach Materials and Project Communications In coordination with City staff, the Provost & Pritchard team will establish communication goals and key messaging for the project, confirm where public and decision -maker engagement is targeted during the process, and confirm Provost & Pritchard team and City staff roles and responsibilities, including contact information of the primary point of contact for public outreach tasks and inquiries.

Once messaging is confirmed, the Provost & Pritchard team will proceed with the preparation of the following outr each materials and language to introduce the City of Visalia Agricultural Preservation Ordinance and, where applicable, to provide regular updates on project progress:

• Project flyers (8.5”x11” PDFs) to inform the community about project objectives, relevance of the Agricultural Preservation Ordinance, and how to learn more about community involvement opportunities.
• Language for posting to the City’s webpage . Initial language will include a description of the Agricultural Preservation Ordinance, the purpose and objectives of the project, and what 146
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information will be made available on the webpage throughout the project. Regular project updates will be provided for posting to the City’s webpage, which will include: a description of project steps completed, key dates such as community workshop dates and hearings, copies of documents cleared for public access that are available for download and contact information.

Language for updates will be provided as key milestones are achieved or as needed to promote community workshops and hearings.
• Language for posting to the City’s social media accounts in a format compatible with the media platforms (Facebook, Twitter, and Instagram). Regular update language will be provided for posting to the City’s social media account s as key milestones are achieved or as needed to promote community workshops and hearings.
• Leveraging contacts lists created during the Feasibility Study process, the Provost & Pritchard team will send periodic updates via email updates through Constant Contact regarding the project as key milestones are achieved or as needed to promote community workshops and hearings. The Provost & Pritchard team will maintain the Constant Contact email list and share new contacts with City staff. It is expected that the City will provide email updates outside of the Constant Contact platform.

Promotion of the City of Visalia Agricultural Preservation Ordinance and distribution of the initial outreach materials as described above will commence immediately following confirmation of project messaging by City staff. Ongoing promotion and noticing of the project will begin in advance of upcoming workshops and as needed to meet all public noticing requirements for community workshops and hearings. We assume that the City will establish and maintain the project webpage as well as be responsible for mailing required public hearing notices.

Task 1.2 Meetings
• No additional meetings anticipated
Task 1.2 Deliverables
• Project flyers (up to 3 in PDF)
• Initial webpage language (1 electronic); regular updates (up to 3 electronic) • Initial social media language (1 electronic); regular updates (up to 3 electronic) • Emails via Constant Contact (up to 5)

Task 1.3: Ordinance Research and Interviews
Building off previous research and data col lection efforts conducted during the Feasibility Study process, the Provost & Pritchard team will conduct phone interviews with up to three jurisdictions that have agricultural preservation programs in place to understand and document lessons learned from their experience that may be relevant for the City to consider in the establishment of an Agricultural Preservation Ordinance, particularly in the collection, management, and expenditures of funds collected through an in- lieu fee.

Provost & Pritchard will also conduct phone interviews with up to three land trusts with experience in the coordination, purchase, management, and monitoring of agricultural conservation easements. The intent of these interviews is to further understand an d document considerations for how land is selected and what impact the selection process and available tools used by the land trusts may have on how the Agricultural Preservation Ordinance is established and implemented.

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Provost & Pritchard does not anticipate expanding the data mapping effort conducted during the Feasibility Study process beyond the Visalia Planning Area boundary; however, additional analysis of the existing data may be conducted to assist in establishing criteria for identifying lands th at may be subject to the Agricultural Preservation Ordinance upon conversion.

Task 1.3 Meetings
• Up to 3 interviews conducted with jurisdictions with agricultural preservation programs • Up to 3 interviews conducted with land trusts
Task 1.3 Deliverables
• Summary of interviews with jurisdictions and land trusts

Phase 2: Administrative Draft Agricultural Preservation Ordinance Task 2.1: City Council Work Session No. 1 – Ordinance Parameters Following the research and interviews conducted as part of Phase 1, the Provost & Pritchard team will conduct a work session with City Council. The purpose of the work session will be to present input received from the interviews, review and discuss the input, and receive direction on preferred parameters for the Agricultural Preservation Ordinance. The direction received from City Council will feed directly into the development of the Administrative Draft Agricultural Preservation Ordinance. Anticipated parameters to be defined during the work session include:

• Area of applicability (i.e., what lands being converted will be subject to the Agricultural Preservation Ordinance),
• Definition of “equivalent” agricultural land as used in the policy language, • Boundaries where conservation easements may be accepted under the Agricultur al Preservation Ordinance,
• Preferences for engaging with qualifying entities, and • Allowances for payment of an in-lieu fee relative to purchase of conservation easement.

Task 2.1 Meetings
• One work session with City Council; attendance by up to 3 Provost & Pritchard team members Task 2.1 Deliverables
• Presentation materials (PPT)

Task 2.2: Administrative Draft Agricultural Preservation Ordinance Consistent with General Plan Policy LU -P-34 and based on feedback received from the City Council work session (Task 2.1), t he Provost & Pritchard team will prepare an Administrative Draft Agricultural Preservation Ordinance for review and consideration by City staff. The Administrative Draft Agricultural Preservation Ordinance will include the ordinance language for adoption and will establish clear applicability thresholds for when preservation is required for Prime Farmland or Farmland of Statewide Importance in the Tier II and Tier III Growth Boundaries; outline standards for implementation, including how preservation may be achieved and the acceptable methods for preservation (i.e., conservation easements, in -lieu fees); and establish criteria to determine what land is eligible for conservation easements to meet the intent of the Agricultural Preservation Ordinance. 148
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Based on the direction received from City Council during the work session, the Provost & Pritchard team may establish an in -lieu fee to support implementatio n of the ordinance, including preparation of a fee study. Preparation of a fee study and adoption of a fee by resolution is included as an optional task below.

While a fee and schedule has been estimated, should this option be directed, a detailed scope of work will be provided.

The Administrative Draft Agricultural Preservation Ordinance will be submitted to City staff for review and comment. City staff will provide the Provost & Pritchard team with comments for review and revision.

Task 2.2 Meetings
• No additional meetings anticipated
Task 2.2 Deliverables
• Administrative Draft Agricultural Preservation Ordinance in Word

Task 2.3: Public Review Draft Agricultural Preservation Ordinance The Provost & Pritchard team will prepare the Public Review Draft Agricultural Preservation Ordinance in response to comments provided by City staff. The Public Review Draft Agricultural Preservation Ordinance will be made available for a 30-day public review period. The City will receive all comments on the Public Review Dra ft Agricultural Preservation Ordinance and provide the Provost & Pritchard team with one consolidated set of public comments for review and revision. The Provost & Pritchard team assumes that responses will be coordinated by City staff; however, Provost & Pritchard will assist in preparing responses, if necessary.

Task 2.3 Meetings
• No additional meetings anticipated
Task 2.3 Deliverables
• Public Review Draft Agricultural Preservation Ordinance in Word

Task 2.4 City Council Work Session – Public Review
The Provost & Pritchard team will facilitate a workshop during the public review period for the Public Review Draft Agricultural Preservation Ordinance. The purpose of this workshop is to respond to questions raised during the public review period and to focus on consensus building prior to final adoption.

Task 2.4 Meetings
• One work session with City Council; attendance by up to 3 Provost & Pritchard team members Task 2.4 Deliverables
• Presentation materials (PPT)

Task 2.5 Final Agricultural Preservation Ordinance and City Council Hearing Following the close of the public review period, t he Provost & Pritchard team will prepare the Final Agricultural Preservation Ordinance in response to the consolidated set of public review comments provided by City staff. The F inal Draft Agricultural Preservation Ordinance will be presented to the City Council for adoption at a public hearing.
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Task 2.5 Meetings
• Attendance at one City Council hearing; attendance by up to 2 Provost & Pritchard team members Task 2.5 Deliverables
• Final Agricultural Preservation Ordinance

Optional Task: Establishment of an In-Lieu Fee
Upon direction from the City Council, BAE will prepare a study to document the calculation of an in-lieu fee for the Agricultural Preservation Ordinance, to serve as the basis for the City to adopt an in -lieu fee that can provide projects subject to agricultural land conservation requirements an alternative to securing and dedicating agricultural conservation easements on their own.

Estimated Timeline
Provost & Pritchard estimates a 7 -month timeline assuming project initiation in late September 2022.

Assistance requested from the City includes provision of requested data, attendance at in-person meetings, including workshops, review and comment on deliverables, consolidation of comments, and attendance at the City Council hearing for adoption. This timeline does not include implementation of the Optional Task to prepare a fee study and establish an in -lieu fee. Should the Optional Task be direct ed, an additional 2 months would be required, extending the overall project schedule to 9 months. This additional timeline assumes that direction is received to proceed with the Optional Task during the first City Council work session (Task 2.1).

Estimated Budget
The Provost & Pritchard team will perform tasks described in the Scope of Work for the fixed fee amount of $135,000, inclusive of the Optional Task . The Optional Task will only be initiated should City Council direct the preparation of the fee stu dy and establishment of an in -lieu fee. Should the City not proceed with the Optional Task, the fee amount would be $91,000.

Provost & Pritchard will invoice services monthly, on a percent-complete basis. Reimbursable expenses are included in the fixed fee amount and will be submitted for payment at cost with supporting documentation.

We look forward to working with the City on this project. Please feel free to contact me at [email protected] or (559) 449-2700 should you have any questions or require additional information.

Sincerely Yours,
Provost & Pritchard Consulting Group

Sara Allinder, AICP Heather Bashian, RCE
Principal Planner Director of Operations

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0354 Agenda Date: 9/19/2022 Agenda #: 8.

Agenda Item Wording:

Request authorization to record the final map for Diamond Oaks - Unit No. 2 subdivision, located south of East Caldwell Avenue between South Burke Street and South Ben Maddox Way (126 lots); and the annexation of Diamond Oaks - Unit No. 2 into the Landscape and Lighting Assessment District No. 19-05 "Diamond Oaks" (Resolution Nos. 2022-53 and 2022-54 required). APN: 126-100-0575, 126-990-023.

Deadline for Action: 9/19/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Lupe Garcia, Civil Engineer, [email protected] <mailto:[email protected]>, (559)713-4197 Jason Huckleberry, Assistant Community Development Assistant Director, [email protected] <mailto:[email protected]>, (559)713-4495
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:

Staff recommends that City Council authorize the recordation of the final map for Diamond Oaks - Unit No. 2 located south of East Caldwell Avenue between South Burke Street and South Ben Maddox Way. Staff also recommends the adoption of Resolution No. 2022-53 initiating proceedings for the annexation to the Landscape and Lighting Assessment District No. 19-05 "Diamond Oaks” and adopt Resolution No. 2022-54 ordering the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 19-05 "Diamond Oaks."
Summary:

The final map for the 126 lot Diamond Oaks - Unit No. 2 subdivision will be subdividing 35 acres into 126 lots for residential development. This is the second and final phase for the tentative subdivision map (i.e., TSM No. 5547) Diamond Oaks. Public right-of-way improvements, including the center median along Caldwell Avenue, were installed by the first phase of Diamond Oaks. Diamond Oaks Unit No. 2 will install all frontage improvements along Ben Maddox Way excepting the pavement section which will be deferred. This final map is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, Diamond Oaks Holdings LLC., and are in the possession of the City as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $4,191,778.60 and Labor and Materials Bond in the amount of $2,095,889.30; 3) cash payment of $729,940.10 distributed to various accounts to cover City fees; and 4) final map.

The Landscape and Lighting Assessment District No. 19-05 was previously reviewed and approved as to form by the Landscape and Lighting District Committee including future annexations into the district. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO).

Background Discussion:

The Faithful Performance Bond covers the cost of constructing the public improvements noted in the subdivision agreement and the Labor and Material Bond covers the salaries and benefits as well as the Visalia City Council Printed on 9/16/2022Page 1 of 4
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subdivision agreement and the Labor and Material Bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the Subdivision Ordinance, the Faithful Performance Bond covers 100% of the cost of the public improvements. The Labor and Material Bond is valued at 50% of the Faithful Performance Bond. A Maintenance Bond valued at 10% of the cost of the public improvements will be required prior to recording the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers Development Impact Fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized. Differences are due in cash at the time of City Council approval of the map.

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

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

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

Fiscal Impact:

The remaining 126 lots will start contributing to the landscape and lighting assessment district (L&LD 19-05) created for maintenance of common features related to this subdivision. The annual lot assessment will be $536.93 per lot.

Please note, the assessment district is subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($96,646.78) (1.05)
(n-1)
where “n”equals the age of the assessment district with year one (1) being the year that the assessment district was formed;
However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.

Prior Council Action:
· On June 10, 1987, Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit Visalia City Council Printed on 9/16/2022Page 2 of 4
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and enhance subdivisions.
· On October 04, 2004, Council authorized the request to initiate annexation procedures for the property south of Caldwell Avenue between Burke Street and Ben Maddox Way, through Annexation No. 2004-

11. · On August 01, 2011, Council authorized revisions to the Pre-Annexation Agreement for Annexation No. 2004-11 relieving the property owner from developing this property in accordance to the Southeast Area Plan (SEAP).
· On August 05, 2019, Council authorized recordation of the final map for Diamond Oaks Unit no 1 and the formation of the Landscape and Lighting Assessment District 19-05 “Diamond Oaks”.

Committee/Commission Review and Action:
· On September 23, 2013, the Planning Commission approved the Tentative Subdivision Map for Diamond Oaks (Tentative Subdivision Map No. 5547).
· In July 2016, the Landscape and Lighting District Committee reviewed and approved as to form Landscape and Lighting Assessment District No. 19-05.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the recordation of the final map for Diamond Oaks - Unit No. 2; the adoption of Resolution No. 2022-53 initiating proceedings for the annexation to Assessment District No. 19-05 “DiamondOaks”;and the adoption of Resolution No. 2022-54 ordering the improvements and levying the annual assessments for Assessment District No. 19-05 “Diamond Oaks”.

Environmental Assessment Status:

Mitigated Negative Declaration (MND) No. 2013-59 was prepared for the tentative subdivision map.

CEQA Review:

Mitigated Negative Declaration (MND) No. 2013-59 was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines and adopted September 23, 2013.

Attachments:

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

3. Final Map

4. Aerial Map

5. Development Disclosure
Visalia City Council Printed on 9/16/2022Page 4 of 4
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RESOLUTION NO. 2022-___

RESOLUTION INITIATING PROCEEDINGS

FOR ANNEXATION TO
ASSESSMENT DISTRICT 19-05
Diamond Oaks
(Pursuant to Landscape and Lighting Act of 1972)

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

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

Maintenance of shrub areas, irrigation systems, street trees, landscape trees, local streets, street lights, block walls and any other applicable equipment or improvements.

2. The district, including annexation, shall continue with the designation established with the initial formation, which is Assessment District No. 19-05, City of Visalia, Tulare County, California, and shall include the land shown on the map designated “Assessment Diagram, Assessment District No. 19-05, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “Diamond Oaks.”

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

PASSED AND ADOPTED: _____________ ____, 2022 Leslie B. Caviglia, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-____ passed and adopted by the Council of the City of Visalia at a regular meeting held on September 19, 2022.

Dated: Leslie B. Caviglia, CITY CLERK

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

ASSESSMENT DISTRICT NO. 19-05
Diamond Oaks
(Pursuant to Landscaping & Lighting Act of 1972)

TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:

I hereby certify that the attached document is a true copy of that certain Engineer’s Report, including assessments and assessment diagram, for “Assessment District No. 19-05, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on September 19, 2022 by its Resolution No. 2022-___.

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

Dated: Leslie B. Caviglia, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk

156
RESOLUTION NO. 2022-___

RESOLUTION ORDERING THE IMPROVEMENTS

AND THE ANNEXATION TO
ASSESSMENT DISTRICT NO. 19-05
Diamond Oaks
(Pursuant to the Landscape & Lighting Act of 1972)

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council adopted its Resolution Initiating Proceedings for Assessment District No. 19-05, City of Visalia, Tulare County, California, and directed the preparation and filing of the Engineer’s Report on the proposed formation.

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

3. The owners of all land within the boundaries of the proposed annexation area to the landscape and lighting district have filed their consent to be annexed into the district, and to the adoption of the Engineer’s Report and the levy of the assessments stated therein.

As stated in the Engineer’s Report, the assessment amounts for the existing lots within the district will remain unchanged with the proposed annexation.

4. The City Council hereby order the improvements and the annexation to the assessment district described in the Resolution Initiating Proceedings and in the Engineer’s Report.

5. The City Coun cil hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2022-2023.

6. The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:

a. Clerk’s Certification to the County Auditor
b. Resolution Initiating Proceedings
c. Resolution Ordering Improvements
d. Engineer’s Report:

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

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PASSED AND ADOPTED: _____________ ____, 2022 Leslie B. Caviglia, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-___ passed and adopted by the Council of the City of Visalia at a regular meeting held on September 19, 2022.

Dated: Leslie B. Caviglia, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk

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Exhibit “A”
Assessment Diagram
Assessment District No. 19-05, City of Visalia, Tulare County, California Diamond Oaks

159
Exhibit “B”
Landscape Location Diagram
Assessment District No. 19-05; City of Visalia, Tulare County, California Diamond Oaks

160
Exhibit “C”
Tax Roll Assessment
Assessment District No. 19-05; City of Visalia, Tulare County, California Diamond Oaks
Fiscal Year 2022-2023

APN ASSESSMENT OWNER LOT # DISTRICT
TBD $536.93 Diamond Oaks Holdings LLC 19-05055 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05056 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05057 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05058 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05059 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05060 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05061 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05062 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05063 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05064 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05065 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05066 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05067 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05068 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05069 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05070 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05071 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05072 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05073 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05074 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05075 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05076 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05077 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05078 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05079 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05080 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05081 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05082 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05083 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05084 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05085 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05086 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05087 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05088 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05089 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05090 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05091 19-05 Diamond Oaks 161
Exhibit “C”
Tax Roll Assessment
Assessment District No. 19-05; City of Visalia, Tulare County, California Diamond Oaks
Fiscal Year 2022-2023

APN ASSESSMENT OWNER LOT # DISTRICT
TBD $536.93 Diamond Oaks Holdings LLC 19-05092 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05093 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05094 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05095 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05096 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05097 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05098 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05099 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05100 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05101 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05102 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05103 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05104 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05105 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05106 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05107 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05108 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05109 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05110 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05111 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05112 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05113 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05114 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05115 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05116 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05117 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05118 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05119 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05120 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05121 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05122 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05123 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05124 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05125 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05126 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05127 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05128 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05129 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05130 19-05 Diamond Oaks 162
Exhibit “C”
Tax Roll Assessment
Assessment District No. 19-05; City of Visalia, Tulare County, California Diamond Oaks
Fiscal Year 2022-2023

APN ASSESSMENT OWNER LOT # DISTRICT
TBD $536.93 Diamond Oaks Holdings LLC 19-05131 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05132 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05133 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05134 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05135 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05136 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05137 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05138 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05139 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05140 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05141 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05142 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05143 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05144 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05145 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05146 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05147 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05148 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05149 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05150 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05151 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05152 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05153 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05154 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05155 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05156 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05157 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05158 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05159 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05160 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05161 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05162 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05163 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05164 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05165 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05166 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05167 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05168 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05169 19-05 Diamond Oaks 163
Exhibit “C”
Tax Roll Assessment
Assessment District No. 19-05; City of Visalia, Tulare County, California Diamond Oaks
Fiscal Year 2022-2023

TBD $536.93 Diamond Oaks Holdings LLC 19-05170 19-05 Diamond Oaks APN ASSESSMENT OWNER LOT # DISTRICT
TBD $536.93 Diamond Oaks Holdings LLC 19-05171 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05172 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05173 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05174 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05175 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05176 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05177 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05178 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05179 19-05 Diamond Oaks TBD $536.93 Diamond Oaks Holdings LLC 19-05180 19-05 Diamond Oaks

164
Exhibit “D”
Engineer’s Report
Assessment District No. 19-05; City of Visalia, Tulare County, California Diamond Oaks

General Description
This Assessment District ( 19-05, Diamond Oaks) is located south of Caldwell Avenue between Burke Street and Ben Maddox Way . Exhibit “A” is a map of Assessment District 19-05. This district includes the maintenance of shrub areas, irrigation systems, street trees, landscape trees, block walls, street lights, pavement on local streets, and any other applicable equipment or improvements; see Exhibit “B” . The maintenance of irrigation systems and block wall includes, but is not limited to, maintaining the structural and operational integrity of these features and repairing any acts of vandalism (graffiti, theft or damage) tha t may occur. This District also includes the preventive maintenance of all internal local streets by means including, but not limited to overlays, cape seals, crack seals, and reclamite (oiling). The total number of lots within the district is 180, of which the remaining 126 will be assessed for Fiscal Year 2022-2023.

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

Method of Apportionment
In order to provide an equitable assessment to all owners within the District, the following method of apportionment has been used. All lots in the District benefit equally, including lots not adjacent to landscape areas, block walls, and street lights. The lots not adjacent to landscape areas, block walls, and street lights benefit by the uniform maintenance and overall appearance of the District.

All lots in the District have frontage on an internal local street and therefore derive a direct benefit from the maintenance of the local streets.

Estimated Costs
The estimated cost s to maintain the District includes the costs to maintain landscaping, street trees, landscape trees, street lights, block walls, and pavement on local streets. The regular preventive maintenance of pavement on local streets is based on the following sche dule:

Reclamite on a 6 year cycle, Crack Seal on a n 8 year cycle; Cape Seal on a 15 year cycle and Overlays on a 20 year cycle.

165
Exhibit “D”
Engineer’s Report
Assessment District No. 19-05; City of Visalia, Tulare County, California Diamond Oaks

The quantities and estimated costs are as follows:

Description Unit Amount Cost per unit Total Cost
Turf Area Sq. Ft. 0 $0.160 $0.00
Shrub Area Sq. Ft. 97,165 $0.160 $15,546.40
Water Sq. Ft. 94,575 $0.085 $8,038.88
Electricity Sq. Ft. 94,575 $0.012 $1,134.90
Landscape Trees Each 95 $44.00 $4,180.00
Interior Street Tree Each 252 $44.00 $11,088.00
Street Lights Each 42 $135.60 $5,695.20
Reclamite (6 year cycle) Sq. Yd. 39,059 $0.750 $1,464.71 Crack Seal (8 year cycle) Sq. Yd. 39,059 $0.420 $820.24 Cape Seal (15 year cycle) Sq. Yd. 39,059 $6.750 $13,182.41

2.0" Overlay (20 year cycle) Sq. Yd. 39,059 $9.990 $19,509.97 Project Management Costs Lots 180 $40.00 $7,200.00
TOTAL $87,860.71
10% Reserve Fund $8,786.07
GRAND TOTAL $96,646.78
NUMBER OF LOTS 180
ANNUAL PER LOT ASSESSMENT $536.93

Annual Cost Increase

This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($96,646.78) (1.05)
(n-1)

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

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

166
Exhibit “D”
Engineer’s Report
Assessment District No. 19-05; City of Visalia, Tulare County, California Diamond Oaks

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

Example 1) The year four estimated costs are $105,344.99 [a 9% increase over the base year assessment of $96,646.78]. The ceiling on the assessment i ncrease for year four would be $111,880.72 [ceiling = ( $96,646.78) (1.05)
(4-1)
]. The assessment would
be set at $105,344.99 or the actual cost of providing the maintenance effort.

Example 2) The year four assessment is estimated at the actual cost of providing the maintenance effort of $109,921.86 [a 7% increase over the previous year assessment and a 13.0% increase over the base year assessment]. The ceiling on the assessment increase for year four would be $111,880.72 [ceiling = ($96,646.78) (1.05)
(4-1)
]. The assessment would be set at $109,921.86 or the actual cost of providing the maintenance effort because it is less than the ceiling amount and the year-to-year increase is less than the 10% cap on increases in any given year.

Example 3) The year four assessment is $105,344.99 [a 9% increase over the base year assessment of $96,646.78] and damage occurred to the masonry wall raising the year five assessment to $128,520.88 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $115,879.49, a 10% increase over the previous year and under the ceiling of $117,474.77 [ceiling = ($96,646.78) (1.05)
(5-1)
]. The difference of $11,046.11 will be recognized as a deficit and carried over into future years’ assessment.

City Engineer Certification

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

Frank Senteno Date
City Engineer

167
S
Santa
Fe
St
E Caldwell Ave
Burke Park
S
Santa
Fe
St
SBenMaddoxWay
E Caldwell Ave
S Santa Fe St
S Burke St
E Caldwell Ave
S Bridge St
E Monte Verde Ave
S Ben Maddox Way
E Dorothea Ave
S Thomas St
E Arlen Ave
E La Salle Ave
S Byrd St
S Bradley St
E Monte Vista Ave
S Stover St
S Tipton St
E Russell Ave
E La Vida Ct
S Michael St
S Cain St
S Tipton Ct
E Cameron Ave
E Sunnyside Ave
E Monte Vista Ct
®
Location Map
Diamond Oaks - Unit NO. 2
Subject Property
168
CITY PLANNER'S STATEMENTPAUL BERNAL, CITY PLANNERI HEREBY STATE THAT THIS FINAL MAP CONFORMS TO TENTATIVE SUBDIVISION MAP NO. 5547 APPROVED BY THE CITY OFVISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON SEPTEMBER 23, 2013.

SHEET 1 OF 6JOB NO. 18075

RECORDER'S STATEMENT
BY:

BY:

BOARD OF SUPERVISOR'S STATEMENT
BENJAMIN R. MULLINS, PLS 9227
DIAMOND OAKS - UNIT NO. 2

SURVEYOR'S STATEMENT

OWNER'S STATEMENT
FOR: DIAMOND OAKS HOLDINGS, LLC BOB D. AUSHERMAN, General Partner DATE

CITY CLERK'S STATEMENTCITY SURVEYOR'S STATEMENT

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
DATE
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THEREQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF DIAMOND OAKS HOLDINGS, LLCON MARCH 11, 2018, AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS FINAL MAPSUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS AREOF THE CHARACTER AND OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED ON OR BEFORE JULY 1, 2024 AND ARE, ORWILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

N.T.S.

OWNER:DIAMOND OAKS HOLDINGS, LLC, A LIMITEDLIABILITY COMPANY1441 S. MOONEY BLVD.VISALIA, CA 93277(559) 732-9000ENGINEER/SURVEYOR:LANE ENGINEERS, INC.979 NORTH BLACKSTONE STREETTULARE, CA 93274(559) 688-5263BEING A DIVISION OF REMAINDER 1 & REMAINDER 2 OF DIAMOND OAKS - UNIT NO. 1, RECORDED IN VOLUME 44 OF MAPS, AT PAGE 32, T.C.R.SITUATED IN THE NE 1/4 OF SECTION 8, TOWNSHIP 19 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OFVISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA.

ALL THE REAL PROPERTY INCLUDED IN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP IS INCLUDED IN"ASSESSMENT DISTRICT NO. 19-05, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA," ESTABLISHED PURSUANT TO THELANDSCAPE AND LIGHTING ACT OF 1972.

SITE LOCATION
SEPTEMBER 2022

VICINITY MAPCITY LIMITS
J:\Jobs\2018\18075\Dwg\FMAP-PH-2&3.dwg 9/1/2022 8:46:31 AM DOCUMENT NO:FEE PAID:FILED THIS DAY OF , 202 , AT . M. IN VOLUME OF MAPS, AT PAGE TULARE COUNTY RECORDS,AT THE REQUEST OF LANE ENGINEERS, INC.TARA K. FREITAS, CPATULARE COUNTY ASSESSOR/CLERK-RECORDER I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TULARE,STATE OF CALIFORNIA, DO HEREBY STATE THAT SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FORTHE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS ITAPPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF CHAPTER 2 OFTHE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAPHAVE BEEN COMPLIED WITH; AND THAT I AM SATISIFIED THAT THIS MAP IS TECHNICALLY CORRECT.

THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD TITLE INTEREST IN THEREAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP, AND DO HEREBYCONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THAT THE CONSENT OF NO OTHER PERSON ISNECESSARY. WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHINTHE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:1.RIGHT OF WAY FOR BRADLEY STREET, BURKE STREET, CALDWELL AVENUE, CAMERON AVENUE, COTTA STREET,LOYOLA AVENUE, PACKWOOD AVENUE, REESE AVENUE, ELKHORN AVENUE, RUSSELL AVENUE AND BEN MADDOX WAY INFEE TO THE CITY OF VISALIA.2.PUBLIC EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF GAS LINES AND CONDUITS FOR ELECTRIC,TELEVISION AND TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, ASSHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITIES EASEMENT).3.LOTS 'A', 'B', 'C' AND 'D' IN FEE TO THE CITY OF VISALIA FOR LANDSCAPING, PUBLIC SIDEWALKS, BLOCK WALLS ANDOTHER PUBLIC PURPOSES.4.BLOCK WALL FOOTING EASEMENTS IN FAVOR OF THE CITY OF VISALIA, AS SHOWN HEREON.5.PUBLIC SIDEWALK EASEMENT IN FAVOR OF THE CITY OF VISALIA, AS SHOWN HEREON.

CHIEF DEPUTY CITY CLERK
THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THE DAY OF, 20 , AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO APPROVING THIS MAP AND SUBDIVISION AND, ONBEHALF OF THE PUBLIC,ACCEPTING, SUBJECT TO IMPROVEMENT, THE PUBLIC STREETS, LOTS 'A', 'B', 'C', 'D', BLOCK WALL FOOTING EASEMENTS ANDPUBLIC SIDEWALK EASEMENT;AND ACCEPTING THE PUBLIC UTILITIES EASEMENTS;AND CONSENTING TO THE ABANDONMENT OF THE IRREVOCABLE OFFER OF DEDICATION IN FEE INTEREST PER INSTRUMENTRECORDED AS DOCUMENT NO. 2017-0048527 & DOCUMENT NO. 2017-0048528, O.R.T.C.R., THE EASEMENT FOR TEMPORARYTURNAROUND PURPOSES RECORDED AS DOCUMENT NO. 2019-0047509, O.R.T.C.R. AND THE EASEMENT FOR STORM DRAINPURPOSES RECORDED AS DOCUMENT NO. 2019-0047508, O.R.T.C.R.ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN AND/OR STATED UPON THE MAP.LESLIE B. CAVIGLIACITY MANAGER/CITY CLERK ALTEOFCASELICENDLANSTDNRIFOURSORVEYIABenjamin R.MullinsNo. 9227 NOTICE OF ABANDONMENTPURSUANT TO SECTION 66434(g) OF THE GOVERNMENT CODE, THE FILING OF THIS FINAL MAP SHALL CONSTITUTEABANDONMENT OF THE FOLLOWING IRREVOCABLE OFFER OF DEDICATION INCLUDED WITHIN THE BOUNDARIES OF THESUBDIVISION AND AS SHOWN AND/OR STATED UPON THE MAP.1.IRREVOCABLE OFFER OF DEDICATION IN FEE INTEREST RECORDED AS DOC. NO. 2017-0048527, O.R.T.C.R.2.IRREVOCABLE OFFER OF DEDICATION IN FEE INTEREST RECORDED AS DOC. NO. 2017-0048528, O.R.T.C.R.3.EASEMENT FOR TEMPORARY TURNAROUND PURPOSES PER INSTRUMENT RECORDED AS DOC. NO. 2019-0047509,O.R.T.C.R.4.EASEMENT FOR STORM DRAIN PURPOSES PER INSTRUMENT RECORDED AS DOC. NO. 2019-0047508, O.R.T.C.R.BUILDING RESTRICTIONSLOTS 67 THROUGH 72 AND 78 THROUGH 82 ARE SUBJECT TO TEMPORARY BUILDING RESTRICTIONS AS SET OUT IN DECLARATIONOF TEMPORARY BUILDING RESTRICTIONS, RECORDED , 20 , AS FILE NO. 20 - AND ASREFERENCED TO ON THIS MAP.LOTS 67 THROUGH 72 AND 78 THROUGH 82 CONTAIN A TEMPORARY STORM DRAINAGE BASIN INTENDED TO SERVE THE DRAINAGENEEDS OF THE PUBLIC STREETS AND LOTS WITHIN THE SUBDIVISION. A TEMPORARY STORM DRAINAGE EASEMENT OVER LOTS 67THROUGH 72 AND 78 THROUGH 82 IS GRANTED TO THE CITY OF VISALIA. THE CITY'S RECORDING OF THE CANCELLATIONDOCUMENT FOR THE ABOVE REFERENCED DECLARATION OF TEMPORARY BUILDING RESTRICTIONS WILL ALSO SERVE AS THECITY'S ABANDONMENT OF THE TEMPORARY STORM DRAINAGE EASEMENT.

BY: DATE
DATED THIS DAY OF , 20___DEPUTY DEPUTY
DATE
JON GORDON CRAWFORD, CITY SURVEYOR, RCE 32935REGISTERED PROFESSIONAL ENGINEERSTATE OF CALIFORNIAJON GORDON CRAWFORDCIVIL32935EXP________ BENEFICIARY'S STATEMENTTHE UNDERSIGNED, AS BENEFICIARY UNDER THE DEED OF TRUST RECORDED MARCH 8, 2022 AS INSTRUMENT NUMBER2022-0015162, OF OFFICIAL RECORDS AND MODIFIED BY DOCUMENT RECORDED APRIL 5, 2022 AS INSTRUMENT NUMBER2022-0021240, OF OFFICIAL RECORDS, DOES HEREBY JOIN IN AND CONSENT TO THE EXECUTION OF THE FOREGOING OWNER'SSTATEMENT AND TO THE PREPARATION AND RECORDATION OF THIS MAP AND ALL DEEDING AND DEDICATIONS THEREON.FOR: D.R. HORTON CA3, INC., A DELAWARE CORPORATIONDATEBY:

CALIFORNIA NOTARY ACKNOWLEGEMENTA NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THEIDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE ISATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.STATE OF CALIFORNIACOUNTY OF _______________ON _______________________, 20___,BEFORE ME,_____________________________, A NOTARY PUBLICPERSONALLY APPEARED:_________________________________________________________________________WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSENAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THATHE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BYHIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPONBEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.I CERTIFY UNDER 'PENALTY OF PERJURY' UNDER THE LAWS OF THE STATE OF CALIFORNIA THATTHE FOREGOING PARAGRAPH IS TRUE AND CORRECT.WITNESS MY HAND.______________________________________SIGNATURE OF NOTARY PUBLIC______________________________________PRINT NAMECOUNTY OF PRINCIPAL PLACE OF BUSINESS:_________DATE COMMISSION EXPIRES:__________________COMMISSION NO. _____________NO NOTARY SEAL REQUIRED PURSUANT TO SEC. 66436 (C) OF THESUBDIVISION MAP ACT.

CALIFORNIA NOTARY ACKNOWLEGEMENTA NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THEIDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE ISATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.STATE OF CALIFORNIACOUNTY OF _______________ON _______________________, 20___,BEFORE ME,_____________________________, A NOTARY PUBLICPERSONALLY APPEARED:_________________________________________________________________________WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSENAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THATHE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BYHIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPONBEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.I CERTIFY UNDER 'PENALTY OF PERJURY' UNDER THE LAWS OF THE STATE OF CALIFORNIA THATTHE FOREGOING PARAGRAPH IS TRUE AND CORRECT.WITNESS MY HAND.______________________________________SIGNATURE OF NOTARY PUBLIC______________________________________PRINT NAMECOUNTY OF PRINCIPAL PLACE OF BUSINESS:_________DATE COMMISSION EXPIRES:__________________COMMISSION NO. _____________NO NOTARY SEAL REQUIRED PURSUANT TO SEC. 66436 (C) OF THESUBDIVISION MAP ACT. 169
CALDWELL AVE.

CAMERON AVE.

LOYOLA AVE.RUSSELL AVE.EDISON ST.

BURKE ST.PACKWOOD AVE.

N1/4 COR. NE1/4 SEC. 8-19/25FD. DISK W/ CTR. MARK STAMPED "C.O.V.",FLUSH IN CONCRETE PER WALNUT BREEZE,UNIT NO. 3 (RM 39/70)NE COR. SEC. 8-19/25FD. BRASS DISK W/CTR. MARK STAMPED"TULARE COUNTY SURVEYOR", FLUSH INCONCRETE PER LS 18/73 & TULARE COUNTYTIES E1/4 COR. SEC. 8-19/25FD. 1/2" I.P. TAG'D "LS 5358"INSIDE 2" I.P., 12" DP. PERTRACT NO. 728 (RM 38/14).

BRADLEY ST.

BEN MADDOX WAY
EASEMENT FOR TEMPORARY TURNAROUNDPER INST. REC. AS DOC. NO. 2019-0047509,O.R.T.C.R. ABANDONED PER THIS MAPSURVEY PER L.S. 4/47 , T.C.R. 534.78
N80°30'50"E 2579.60
N89°56'49"E 1252.48 (N89°56'49"E 1252.48)
N02°09'50"E 2085.05 (N02°09'50"E 2085.05)
*IRREVOCABLE OFFER OFDEDICATION PER INSTRUMENTRECORDED AS DOC. NO.2017-0048528, O.R.T.C.R. (TYP.) *IRREVOCABLE OFFER OFDEDICATION PER INSTRUMENTRECORDED AS DOC. NO.2017-0048528, O.R.T.C.R. (TYP.) *IRREVOCABLE OFFER OFDEDICATION PER INSTRUMENTRECORDED AS DOC. NO.2017-0048528, O.R.T.C.R. (TYP.) *IRREVOCABLE OFFER OFDEDICATION PER INSTRUMENTRECORDED AS DOC. NO.2017-0048528, O.R.T.C.R. (TYP.) *IRREVOCABLE OFFER OFDEDICATION PER INSTRUMENTRECORDED AS DOC. NO.2017-0048528, O.R.T.C.R. (TYP.) *IRREVOCABLE OFFER OFDEDICATION PER INSTRUMENTRECORDED AS DOC. NO.2017-0048527, O.R.T.C.R. (TYP.)81687677 1691701711721731741751761771781791807374757978808283848586878889606162636465666769707172595857565594939291909596979899100120101102119118103104105117116115106107114113108109112111110 130129128127131132133134135136137138125124123122140139121126 151150152153154149148155156147146145144143142141
161160159158157162163164165166
168167LOT 'A'

LOT 'B'

LOT 'C'

LOT 'D'
COTTA ST.ELKHORN AVE.REESE AVE.N82°43'57"E 1280.54 (N82°43'57"E 1280.54) S01°48'57"W 1923.70 (S01°48'57"W 1923.70)
EASEMENT FOR STORM DRAIN PURPOSES PERINST. REC. AS DOC. NO. 2019-0047508, O.R.T.C.R.ABANDONED PER THIS MAP SCALE: 1" = 200'1002002000
GRID TO GROUND CONVERSIONDISTANCES SHOWN ON THIS MAP ARE "GRID DISTANCES," AND SHOULDBE CONVERTED TO "GROUND" DISTANCES IN ORDER TO BE COMPATIBLEWITH MEASUREMENTS MADE ON THE GROUND USING CONVENTIONALSURVEYING TECHNIQUES. TO OBTAIN "GROUND" DISTANCES, DIVIDE THE"GRID" DISTANCE BY THE "COMBINATION FACTOR" OF 0.99994195.

NON-PLOTTABLE AGREEMENT THAT MAY AFFECT SUBJECT PROPERTY1.EASEMENT FOR CANAL PURPOSES AND RIGHT OF WAY FOR WATER DITCH 14 FEET WIDE ON THE BOTTOMWITH SUFFICIENT SLOPE TO PROTECT THE EMBANKMENT OF SAME, IN FAVOR OF TULARE IRRIGATIONCOMPANY, RECORDED APRIL 25, 1903 IN BOOK 111 OF DEEDS, PAGE 445, O.R.T.C.R.

J:\Jobs\2018\18075\Dwg\FMAP-PH-2&3.dwg 9/1/2022 8:46:39 AM BASIS OF BEARINGSTHE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIACOORDINATE SYSTEM, ZONE 4, NAD 83, AS DETERMINED BY GPSOBSERVATIONS RELATIVE TO THE CALIFORNIA SURVEYING ANDDRAFTING, INC. VIRTUAL SURVEY NETWORK, EPOCH DATE 2007. ( )
FOUND 1/2" REBAR TAGGED "PLS 9227", 6" DEEP (UNLESS NOTED OTHERWISE).RECORD DATA PER DIAMOND OAKS - UNIT NO. 1, RECORDED IN VOLUME 44 OF MAPS, AT PAGE32, T.C.R. (OR CALCULARED THEREFROM)PUBLIC UTILITIES EASEMENT.ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF.BOLD LINE INDICATES SUBDIVISION LIMITS.

LEGEND
STORM DRAIN EASEMENT PER INSTRUMENT RECORDED AS DOC. NO. 2019-0047508, O.R.T.C.R.TO BE ABANDONED BY THIS MAP.

SET BRASS DISK IN CONCRETE PER CITY STANDARD STAMPED "PLS 9227".SET 3.00 FT. WITNESS CORNER (1/2" REBAR 6" DEEP TAGGED "PLS 9227").WC SET 1/2" REBAR 6" DEEP TAGGED "PLS 9227" AT ALL LOT CORNERS AND POINTS OF CURVATURE.PORTION OF IRREVOCABLE OFFER OF DEDICATION TO BE ABANDONED.FOUND 3/4" I.P. TAGGED "PLS 9227", 6" DEEP PER DIAMOND OAKS UNIT NO. 1, REPLACED WITHBRASS DISK IN CONCRETE PER CITY STANDARD STAMPED "PLS 9227".NO MONUMENT SET AT THIS TIME.DENOTES LOTS THAT ARE SUBJECT TO THE TEMPORARY BUILDING RESTRICTION PERINSTRUMENT RECORDED AS DOC. NO. 20_____-______________________, O.R.T.C.R.

SHEET 2 OF 6JOB NO. 18075
FLOOD HAZARD ZONEAS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP (MAPNUMBER 06107C0945E) FOR COMMUNITY NO. 065066, TULARE COUNTY, CALIFORNIA, EFFECTIVE JUNE 16, 2009,THE PROPERTY SHOWN ON THIS MAP LIES FULLY WITHIN A FLOOD ZONE AREA DESIGNATED ZONE X (SHADED),WHICH ARE AREAS OF 0.2% ANNUAL CHANCE FLOODING, AREAS OF 1% ANNUAL CHANCE FLOODING WHEREAVERAGE DEPTHS ARE LESS THAN 1 FOOT, AREAS OF 1% ANNUAL CHANCE FLOODING WHERE THECONTRIBUTING DRAINAGE AREA IS LESS THAN 1 SQUARE MILE, AND AREAS PROTECTED FROM THE 1% ANNUALCHANCE FLOOD BY LEVEES.THIS PARCEL WAS LOCATED IN THE CITY OF VISALIA AT THE TIME OF THE RATE MAP, AND SHOULD HAVE BEENIDENTIFIED TO BE IN THE CITY OF VISALIA, COMMUNITY NO. 060409. 170
263.65C66
168.13
C67270.1974.85L33C71443.2958.04
L31
L32
264.20
173.13320.09493.22
L20
L21L22
208.00 (208.00)1606,271 S.F.1595,200 S.F.1585,200 S.F.1575,824 S.F. 1665,824 S.F.1655,200 S.F.1645,200 S.F.1636,271 S.F.1627,463 S.F. 1715,200 S.F.1706,240 S.F.1697,362 S.F.
1725,200 S.F.
167118,200 S.F.168122,023 S.F.

47.3684.8460.29N00°24'42"W 104.0050.00N00°24'42"W 104.0050.00N00°24'42"W 104.00S00°24'42"E 104.0056.00N00°24'42"W 104.00

56.00S00°24'42"E 104.0056.00N00°24'42"W 104.0050.00

50.00N00°24'42"W 104.0050.00

50.00N00°24'42"W 104.0060.29

60.29N00°24'42"W 104.0053.90

70.6483.29

50.00S88°11'03"E 104.0050.0060.00S88°11'03"E 104.0060.00 L3486.7760.68S88°11'03"E 104.0058.96

50.0050.00

60.00L26120.00L2574.70L24
404.69N00°24'42"W 440.00
L30L2974.57L28120.00L2760.00
251.32
396.08
S89°35'18"W 286.94
501.37
R48R49
R50R51R52R53

6.00' WIDEPUE (TYP.)
2828
28 PER DIAMOND OAKS - UNIT NO. 1SECTION LINESECTION LINECALDWELL AVE.

RUSSELL AVE.EDISON ST.

COTTA ST.282828
2828
2828

55.00'55.00'

5.00' LOT C PER DIAMOND OAKS NO. 1

8.01 (8.01)S89°13'20"W 68.69S00°47'33"E27.5632.03 (32.03)S89°35'18"W 620.00N89°35'18"E 632.86 LOT "B"9,871 S.F.

LOT "A"3,855 S.F.

6.00' WIDEPUE (TYP.)S00°24'42"E 320.00
250.01
410.00
N89°35'18"E 507.25
400.34

55.00'55.00'
N89°35'18"E 599.26 (N89°35'18"E)
N00°24'42"W 533.00 (N00°24'42"W 533.00)
FD. BRASS DISK STAMPED "PLS 9227"FLUSH IN CONC. (TYP. IN CENTERLINE)

31.00'

RIGHT OF WAY DEDICATIONPER THIS MAP

2.00' BLOCK WALLFOOTING EASEMENT

2.00' BLOCK WALL FOOTING EASEMENTPER THIS MAP (TYP. AS SHOWN) N01°48'57"E 1074.601617,058 S.F.

C68 501.33106.04 (106.04)
S89°56'49"W 1252.48 (S89°56'49"W 1252.48)
S01°48'57"W 1883.66

5.00' PUBLIC SIDEWALK EASEMENT

44.81S12°56'24"W 8.88L=13.30Δ=11°07'27"R=68.5050.00L=13.30Δ=11°07'27"R=68.50S09°18'30"E 8.88 262.62

8.00' PUBLIC SIDEWALK EASEMENT

7.21 L23L245.31
L31L30L29L37L384.2644.815.00BURKE ST.N02°09'50"E 15.86 (N02°09'50"E 15.86) C71C70C69R54R56R55
SCALE: 1" = 60'3060 600
MATCHLINE - SEE SHEET 4
DETAIL BBSCALE: 1" = 20'
J:\Jobs\2018\18075\Dwg\FMAP-PH-2&3.dwg 9/1/2022 8:46:48 AM

BEN MADDOX WAY

WCWCWCWCWCWCWCWC
WCWC
EDISON ST.CALDWELL AVE.3.00'(TYP.)3.00'
SEE DETAIL B THIS SHEETDETAIL AASCALE: 1" = 20'

WCBEN MADDOX WAY
CALDWELL AVE.3.00'(TYP.)SEE DETAIL ATHIS SHEET
WCWC
S89°35'18"W 507.25N00°24'42"W 410.00404.69

74.70 S89°35'18"W 507.25
S01°48'57"W 400.34

74.573.00'
LOT C PER DIAMOND OAKS UNIT NO. 1

SEE DETAIL C THIS SHEET
DETAIL CCSCALE: 1" = 20'COTTA ST.RUSSELL AVE.S89°35'18"W 74.85 N01°48'57"E 694.5260.687,362 S.F.1699,871 S.F.LOT "B"6.00' WIDE PUE

2.00' BLOCKFOOTING EASEMENT

2.00' BLOCKFOOTING EASEMENT2.00' BLOCKFOOTING EASEMENT
118,200 S.F.167
122,023 S.F.1683,855 S.F.LOT "A"
LOT "A"
WCWCWC

WCWC WC
SHEET 3 OF 6JOB NO. 18075
171
N01°48'57"E 1074.60
229.09C61
309.82
620.09

74.85L5C21
180.87186.10
229.09C56230.05C53C62233.78C60
168.13
C63570.19573.92C64
166.13
C65259.92263.65C66
694.56694.52
C7373.29L35
114.00
279.95173.13
284.00
264.20
262.20
L10L11
L13L14
L15L16
L18L19L20
118.48
114.36
N00°24'42"W 103.00(N00°24'42"W 103.00)N89°35'18"E 316.00 (N89°35'18"E 316.00)N00°24'42"W 103.00(N00°24'42"W 103.00) 755,033 S.F.1107,791 S.F.1095,596 S.F.1085,595 S.F.1076,327 S.F.1061051041205,700 S.F.1195,700 S.F.1186,384 S.F.1175,700 S.F.1166,378 S.F.1157,548 S.F.1146,288 S.F.1135,614 S.F.1125,614 S.F.1118,209 S.F.745,200 S.F.737,362 S.F. 1606,271 S.F.1595,200 S.F.1585,200 S.F.1575,824 S.F.1715,200 S.F. 1565,768 S.F.1555,150 S.F.1545,150 S.F.1535,779 S.F.1527,385 S.F.1516,987 S.F.1505,779 S.F.1495,150 S.F.1485,150 S.F.1475,768 S.F.1465,150 S.F.1455,150 S.F.1445,768 S.F.1435,150 S.F.1425,150 S.F.1416,180 S.F. 1806,959 S.F.1796,501 S.F.1786,240 S.F.1776,240 S.F.1766,040 S.F.1756,040 S.F.1745,637 S.F.1735,637 S.F.1725,200 S.F. 1307,058 S.F.
1317,463 S.F.1326,240 S.F.1335,200 S.F.1345,824 S.F.1355,200 S.F.1366,240 S.F.1376,240 S.F.1386,320 S.F.1396,480 S.F.1406,744 S.F. 1217,158 S.F.1227,008 S.F.1236,848 S.F.1246,068 S.F.1256,352 S.F.1265,204 S.F.1275,824 S.F.1285,200 S.F.1296,240 S.F.

50.00S88°11'03"E 104.0050.00N88°11'03"W 100.6750.00S88°11'03"E 100.6750.0094.53N00°24'42"W 112.27N00°24'42"W 111.75N00°24'42"W 112.23N00°24'42"W 113.94N05°30'00"W 114.90N05°30'00"W 114.03N05°30'00"W 114.00N05°30'00"W 114.00N05°30'00"W 114.00

50.00 50.00N05°30'00"W 114.0050.00

50.00N05°30'00"W 114.0056.00

56.00N05°30'00"W 114.0050.00

50.00N05°30'00"W 114.00C5523.09

56.00N05°30'00"W 113.4418.71C54

24.5937.53N00°24'42"W 112.2856.00

56.00N00°24'42"W 112.2850.00

50.00N00°24'42"W 112.2850.00

50.00N00°24'42"W 112.2855.34

71.7791.57L686.7760.68S88°11'03"E 104.0058.96

60.0070.0070.00

47.3684.8460.29N00°24'42"W 104.0050.00N00°24'42"W 104.0050.00N00°24'42"W 104.00S00°24'42"E 104.0056.00N00°24'42"W 104.0050.00S88°11'03"E 104.0050.00S88°11'03"E 104.00

56.00N00°24'42"W 103.0050.00

50.00N00°24'42"W 103.0050.00

50.00N00°24'42"W 103.0056.10

56.10N00°24'42"W 103.0053.82

70.6082.28

47.3683.8456.10N00°24'42"W 103.0050.00N00°24'42"W 103.0050.00N00°24'42"W 103.0056.00N00°24'42"W 103.0050.00

50.00N00°24'42"W 103.0050.00

50.00N00°24'42"W 103.0056.00

56.00N00°24'42"W 103.0050.00

50.00N00°24'42"W 103.0050.00

50.00N00°24'42"W 103.0060.00N00°24'42"W 103.00

59.3386.00L3651.0762.51S88°11'03"E 104.0062.5160.00S88°11'03"E 104.0060.0060.00S88°11'03"E 104.0060.0060.0060.0060.00S88°11'03"E 100.6760.0056.00S88°11'03"E 100.6756.0056.00S88°11'03"E 100.6756.0050.0050.00

47.3684.84

53.89 70.6483.2960.00

60.00N00°24'42"W 104.0050.00

50.00N00°24'42"W 104.0056.00

56.00N00°24'42"W 104.0050.00

50.00N00°24'42"W 104.0060.00

60.00N00°24'42"W 104.0060.00

60.00N00°24'42"W 104.0060.00

60.06N00°24'42"W 104.0060.00

60.06N00°24'42"W 106.6760.30
N84°49'23"E 60.50N00°24'42"W 109.33

60.50N05°30'00"W 118.1460.00N05°30'00"W 115.4760.00N05°30'00"W 112.8148.59C57N00°24'42"W 107.91C58N00°24'42"W 104.43C5920.42N00°24'42"W 104.0056.00N00°24'42"W 104.0050.00N00°24'42"W 104.0060.00N00°24'42"W 104.00 S88°11'03"E 104.00100.67
S88°11'03"E 100.67104.00
104.00S89°35'18"W 265.30S84°30'00"W 356.59L12S84°30'00"W 388.71 (S84°30'00"W 388.71) N89°35'18"E 406.64N87°02'39"E 120.12
S89°35'18"W 598.70790.60
S89°35'18"W 453.08
S01°48'57"W 1883.66
S01°48'57"W 233.58
R36R37R38R39
R40R41
R42R43R44R45
R46R47R48R496.00' WIDEPUE (TYP.)
2828
2828
2828
CAMERON AVE.

LOYOLA AVE.BRADLEY ST.

PACKWOOD AVE.BRADLEY ST.
2828
2828
2828
2828 2828
2828 LOT "B"9,871 S.F.

LOT "C"5,972 S.F.

6.00' WIDEPUE (TYP.)

6.00' WIDEPUE (TYP.)

6.00' WIDEPUE (TYP.)

6.00' WIDEPUE (TYP.)
S00°24'42"E 320.00
229.09

60.00 S00°24'42"E 170.36 (S00°24'42"E 170.36)
S05°30'00"E 288.48 (S05°30'00"E 288.48)

56.00 R79
R80R81
S01°48'57"W 1923.70
S89°35'18"W 719.63 (S89°35'18"W)
S89°35'18"W 729.82 (S89°35'18"W)
N00°24'42"W 369.24 (N00°24'42"W 369.24)262.00 (262.00) 107.24 (107.24)L=44.40Δ=5°05'18"R=500.00(L=44.40)(Δ=5°05'18")(R=500.00) S05°30'00"E 145.95 (S05°30'00"E 145.95)N84°30'00"E 327.09 (N84°30'00"E)S84°30'00"W 302.43 (S84°30'00"W 302.43) COTTA ST.

N01°48'57"E 1074.60

2.00' BLOCK WALLFOOTING EASEMENT
1617,058 S.F.

98.00 (98.00)

99.54 (99.54)
420.00 (420.00)FD. BRASS DISK STAMPED "PLS 9227"FLUSH IN CONC. (TYP. IN CENTERLINE) 143.00 (143.00)
C21C20C19R14R15R16
C73

59.33 C72C74R57R58R59
L17MATCHLINE - SEE SHEET 5
J:\Jobs\2018\18075\Dwg\FMAP-PH-2&3.dwg 9/1/2022 8:46:58 AM MATCHLINE - SEE SHEET 3

BEN MADDOX WAYSEE DETAIL D THIS SHEET
DETAIL DDSCALE: 1" = 20'
DETAIL EESCALE: 1" = 20'
S89°35'18"W 74.85
N01°48'57"E 180.8760.687,362 S.F.735,972 S.F.LOT "C"

6.00' WIDE PUE2.00' BLOCKFOOTING EASEMENT

SEE DETAIL E THIS SHEET
COTTA ST.CAMERON AVE.

N01°48'57"E 694.52S89°35'18"W 73.29
6,959 S.F.1809,871 S.F.LOT "B"

6.00' WIDE PUE2.00' BLOCKFOOTING EASEMENT86.00
COTTA ST.CAMERON AVE.86.77

WCWCWCWCWCWCWCWCWCWC
WCWC
WC
WC
WCWCWCWC DETAIL FFSCALE: 1" = 10'N00°24'42"W 103.006,180 S.F.141PACKWOOD AVE.

SEE DETAIL F THIS SHEET
N00°24'59"W 28.006.00' WIDE PUE
SHEET 4 OF 6JOB NO. 18075
172
6 C13C8N84°30'00"E 378.87C2
S02°09'50"W 286.56
136.53C40N84°30'00"E 340.65141.00
N05°30'00"W 284.00
N84°30'00"E 292.54L=319.22,Δ=7°18'57",R=2500.00 L39
229.09C61
N01°48'57"E 438.39

74.85L5C21
180.87
C22C27C28L=306.49,Δ=7°06'14",R=2472.00L=322.76,Δ=7°18'54",R=2528.00 C52 186.10
244.54C44
229.09C56230.05C53233.78C60 73.29
C18544.68543.94L3L4C14C9378.87C5
188.00189.10
C6C15C3C4
190.11
C39292.65C37C36244.54C41C42
C38

85.98 451.09
C1L1
114.00
279.95173.13
284.0093.00C43L7L8 L10L11
L13L14
332.71L9
837,356 S.F.876,259 S.F.855,907 S.F.898,186 S.F.
578,280 S.F.
907,824 S.F.
5510,734 S.F.
755,033 S.F.
777,560 S.F.7811,238 S.F.727,289 S.F.655,992 S.F.685,818 S.F.667,015 S.F.676,158 S.F.705,329 S.F.696,688 S.F.715,106 S.F. 795,794 S.F.805,561 S.F.815,595 S.F.826,307 S.F.845,877 S.F. 1107,791 S.F.1095,596 S.F.1085,595 S.F.1076,327 S.F.1066,550 S.F.1056,404 S.F.1045,700 S.F.1036,384 S.F.1025,700 S.F.1015,700 S.F. 1205,700 S.F.1195,700 S.F.1186,384 S.F.1175,700 S.F.1166,378 S.F.1157,548 S.F.1146,288 S.F.1135,614 S.F.1125,614 S.F.1118,209 S.F.745,200 S.F.765,489 S.F. 737,362 S.F.
9510,536 S.F.966,780 S.F.976,328 S.F.986,780 S.F.997,824 S.F. 948,886 S.F.938,136 S.F.928,136 S.F.917,910 S.F.597,964 S.F.588,050 S.F.568,280 S.F.607,759 S.F.626,335 S.F.617,022 S.F.637,190 S.F.645,992 S.F. 867,090 S.F.887,090 S.F.
1007,894 S.F.C33S05°30'00"E 116.92N00°24'42"W 114.23
S05°30'00"E 99.9050.0050.00

98.1650.0021.58C35

20.1950.00S88°11'03"E 104.0050.00

56.00C32N00°24'42"W 111.9150.00N05°30'00"W 118.1660.00N05°30'00"W 118.00C3452.97S05°30'00"E 118.16N05°30'00"W 118.1660.00N05°30'00"W 118.1670.0090.93C7N05°30'00"W 114.51S05°30'00"E 115.0072.00

72.00S05°30'00"E 113.0072.00S05°30'00"E 115.0070.0095.0050.0066.8792.99 S05°30'00"E 115.0072.00N05°30'00"W 115.00 S05°30'00"E 113.0050.00S05°30'00"E 113.0070.0093.00
N88°11'03"W 100.6750.00S88°11'03"E 100.6750.00
C24115.00C25

50.2037.33N51°24'17"W 126.79

82.04S05°30'00"E 99.9053.52C1688.0650.00S05°30'00"E 119.8450.00N05°30'00"W 119.8414.0137.51

51.46N05°30'00"W 118.5950.00N05°30'00"W 114.1458.54

58.54N05°30'00"W 119.8460.00N05°30'00"W 108.8050.20

50.00N05°30'00"W 104.35
C26C29N00°24'42"W 97.45C30
N00°24'42"W 110.55
C31N00°24'42"W 111.74
C5194.53C50N00°24'42"W 112.27C49N00°24'42"W 111.75C48N00°24'42"W 112.23C47N00°24'42"W 113.94C46N05°30'00"W 114.9038.54C45N05°30'00"W 114.0356.00N05°30'00"W 114.0050.00N05°30'00"W 114.0050.00N05°30'00"W 114.00

50.00 50.00N05°30'00"W 114.0050.00

50.00N05°30'00"W 114.0056.00

56.00N05°30'00"W 114.0050.00

50.00N05°30'00"W 114.00C5523.09

56.00N05°30'00"W 113.4418.71C54

24.5937.53N00°24'42"W 112.2856.00

56.00N00°24'42"W 112.2850.00

50.00N00°24'42"W 112.2850.00

50.00N00°24'42"W 112.2855.34

71.7791.57L686.7760.68S88°11'03"E 104.0058.96

86.71 66.65N05°30'00"W 113.0060.00

60.00N05°30'00"W 113.0056.00

56.00N05°30'00"W 113.0060.00

60.00N05°30'00"W 113.0070.00

50.0028.6597.1286.66

72.00S05°30'00"E 113.0072.00

70.00S05°30'00"E 113.0070.0060.00
C10C11N05°30'00"W 118.9452.97
C12N05°30'00"W 119.8460.00

60.00N05°30'00"W 119.84

70.00 50.00N05°30'00"W 114.00

60.5060.0060.0048.59C58
104.00
N88°11'03"W 93.7390.40
S89°35'18"W 265.30S84°30'00"W 356.5994.00L12S84°30'00"W 388.71 (S84°30'00"W 388.71) S89°35'18"W 306.8860.2450.2050.0050.0056.00S84°30'00"W 439.02S84°30'00"W 370.66L2 C17 C23
S84°30'00"W 598.79
N01°48'57"E 538.26
S89°35'18"W 453.08

53.44R1R2R3 R4R5R6R7
R8R9R10 R11R13R12
R17R18R19R20R21R35
R22R23R24R25R26R27R28
R29R30 R31R32R33R34
R36R37R38R39
2828

18.64 2828
CAMERON AVE.45
12345442828
COTTA ST.ELKHORN AVE.

REESE AVE.BURKE ST.BRADLEY ST.
28282828
2828 2828
2828
2828
2828 2828
LOT "C"5,972 S.F.

6.00' WIDEPUE (TYP.)

6.00' WIDEPUE (TYP.) 6.00' WIDEPUE (TYP.)6.00' WIDEPUE (TYP.) 132.24
R60
229.09
S05°30'00"E 288.48 (S05°30'00"E 288.48)
330.87
292.6590.98
C75
R61
R62
R63
R64R65R66
R67R68R69R70R71R72
R73R74R75R76R77R78
R79
R80R81
R82 LOT "D"62,114 S.F.

S05°30'00"E 145.95 (S05°30'00"E 145.95)N84°30'00"E 327.09 (N84°30'00"E) N05°30'00"W 284.00(N05°30'00"W)
S84°30'00"W 302.43 (S84°30'00"W 302.43)
S02°09'50"W 286.56(S02°09'50"W)
L=66.88Δ=7°39'50"R=500.00(L=66.88)(Δ=7°39'50")(R=500.00) N01°48'57"E 1074.602.00' BLOCK WALLFOOTING EASEMENT

98.00 (98.00)
S87°50'10"E 56.00150.03 (150.03)143.00 (143.00)
FD. BRASS DISK STAMPED "PLS 5985"FLUSH IN CONC. (TYP. IN CENTERLINE)

83.69 1249.14
N02°09'50"E 2085.06 (N02°09'50"E 2085.06)
S82°43'57"W 1280.54 (S82°43'57"W 1280.54)
**********************
SCALE: 1" = 60'3060 600
MATCHLINE - SEE SHEET 4

BEN MADDOX WAY
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SHEET 5 OF 6JOB NO. 18075
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CURVE TABLE
L26N0°24'42"E3.33L25S0°24'42"E3.33L24N44°35'18"E21.65
L39S88°11'03"E47.96
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S Santa Fe St
S Burke St
E Caldwell Ave
S Bridge St
E Monte Verde Ave
S Ben Maddox Way
E Dorothea Ave
S Thomas St
E Arlen Ave
E La Salle Ave
S Byrd St
S Bradley St
E Monte Vista Ave
S Stover St
S Tipton St
E Russell Ave
E La Vida Ct
S Michael St
S Cain St
S Tipton Ct
E Cameron Ave
E Sunnyside Ave
E Monte Vista Ct
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Diamond Oaks - Unit NO. 2
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0355 Agenda Date: 9/19/2022 Agenda #: 9.

Agenda Item Wording:

Second reading and adoption 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’sDepartment of Resources Recycling and Recovery (CalRecycle) and the City Attorney’sOffice to update Chapter 8.28 of the City’sMunicipal 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’smethane, 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 Printed on 9/16/2022Page 1 of 4
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File #: 22-0355 Agenda Date: 9/19/2022 Agenda #: 9.
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’smodel, 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’sMunicipal 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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File #: 22-0355 Agenda Date: 9/19/2022 Agenda #: 9.

Currently, the City’sSection 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’scompliance 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 Printed on 9/16/2022Page 3 of 4
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File #: 22-0355 Agenda Date: 9/19/2022 Agenda #: 9.
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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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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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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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. 185
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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. 186
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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:
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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. 188
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; 189
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 Ed ible 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 an d 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 co llected or self- hauled.
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 E dible Food Generator from which the service collects Edible Food. 191
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 desig nated 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.

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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.

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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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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

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Insert Date - 2 - Jurisdiction Name/Contractor Name
Franchise Agreement

218

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)

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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 (STANDARD- COMPLIANCE APPROACH) ....................................................................................... 20 SECTION 7. REQUIREMENTS FOR COMMERCIAL BUSINESSES (PERFORMANCE- BASED 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 ..................................... 33 222

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

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-G-1- Guidance to the Model Ordinance

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 224

-G-2- Guidance to the Model Ordinance
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 225

-G-3- Guidance to the Model Ordinance
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. 226

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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-, three- plus, 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 227

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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 228

-G-6- Guidance to the Model Ordinance
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. 229

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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 three-
plus-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, 231

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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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MODEL MANDATORY ORGANIC WASTE 1
DISPOSAL REDUCTION ORDINANCE 2
SECTION 1. PURPOSE AND FINDINGS 3
The Jurisdiction finds and declares: 4
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste 5 Management Act of 1989 (California Public Resources Code Section 40000, et 6 seq., as amended, supplemented, superseded, and replaced from time to time), 7 requires cities and counties to reduce, reuse, and recycle (including composting) 8 Solid Waste generated in their Jurisdictions to the maximum extent feasible before 9 any incineration or landfill disposal of waste, to conserve water, energy, and other 10 natural resources, and to protect the environment. 11
(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the 12 State of California on October 5, 2011, which amended Sections 41730, 41731, 13 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 14 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 15 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, 16 the Public Resources Code, as amended, supplemented, superseded and 17 replaced from time to time), places requirements on businesses and Multi-Family 18 property owners that generate a specified threshold amount of Solid Waste to 19 arrange for recycling services and requires Jurisdictions to implement a Mandatory 20 Commercial Recycling program. 21
(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the 22 Governor of the State of California on September 28, 2014, which added Chapter 23

12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public 24 Resources Code, relating to Solid Waste, as amended, supplemented, 25 superseded, and replaced from time to time), requires businesses and Multi-Family 26 property owners that generate a specified threshold amount of Solid Waste, 27 Recycling, and Organic Waste per week to arrange for recycling services for that 28 waste, requires Jurisdictions to implement a recycling program to divert Organic 29 Waste from businesses subject to the law, and requires Jurisdictions to to 30 implement a Mandatory Commercial Organics Recycling program. Guidance: 31 Rural Jurisdictions that are exempt from AB 1826 may not need the preceding 32 statement. 33
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires 34 CalRecycle to develop regulations to reduce organics in landfills as a source of 35 methane. The regulations place requirements on multiple entities including 36 Jurisdictions, residential households, Commercial Businesses and business 37 owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food 38 236

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Recovery Organizations, and Food Recovery Services to support achievement of 39 Statewide Organic Waste disposal reduction targets. 40 (e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires 41 Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to 42 implement relevant provisions of SB 1383 Regulations. This ordinance will also 43 help reduce food insecurity by requiring Commercial Edible Food Generators to 44 arrange to have the maximum amount of their Edible Food, that would otherwise 45 be disposed, be recovered for human consumption. 46
(f) Requirements in this ordinance are consistent with other adopted goals and 47 policies of the Jurisdiction including: __________ (Jurisdiction to insert 48 description). Guidance: At Jurisdiction’s option, Jurisdictions may want to include 49 this subsection (f) to add Jurisdiction-specific diversion goals or policies here such 50 as a 75% diversion or zero waste goal, C&D recovery ordinance, greenhouse gas 51 reduction goals, local climate action plan, etc. 52
SECTION 2. TITLE OF ORDINANCE 53
This chapter shall be entitled “Mandatory Organic Waste Disposal Reduction Ordinance”. 54 Guidance: This is a suggested title for the ordinance. Jurisdictions may choose a different 55 name for the ordinance. 56
SECTION 3. DEFINITIONS 57
Guidance: Most of the following definitions are excerpted from the SB 1383 Regulations 58 (14 CCR Section 18982) with SB 1383 Regulation-specific text noted in green font. There 59 are additional definitions in the SB 1383 Regulations that are not included here. 60 Jurisdiction may want to review that list of definitions in 14 CCR Section 18982 to 61 determine whether it wants to add any additional definitions to its ordinance. Jurisdiction 62 may also choose to delete definitions not appropriate for its system and/or to include 63 additional definitions that are appropriate for its system and ordinance. 64 (a) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and 65 shall be used for the purpose of storage and collection of Source Separated 66 Recyclable Materials or Source Separated Blue Container Organic Waste. 67 Guidance: For three-container, three-plus-container, and two-container blue/gray 68 systems, include this “Blue Container” definition. For two-container green/gray 69 systems and one-container systems, delete this definition. 70 (b) “CalRecycle” means California's Department of Resources Recycling and 71 Recovery, which is the Department designated with responsibility for developing, 72 implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others). 73 237

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(c) “California Code of Regulations” or “CCR” means the State of California Code of 74 Regulations. CCR references in this ordinance are preceded with a number that 75 refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). 76 (d) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, 77 joint-stock company, corporation, or association, whether for-profit or nonprofit, 78 strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise 79 defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that 80 consists of fewer than five (5) units is not a Commercial Business for purposes of 81 implementing this ordinance. 82
(e) “Commercial Edible Food Generator” includes a Tier One or a Tier Two 83 Commercial Edible Food Generator as defined in Sections 3(rrr) and 3(sss) of this 84 ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). 85 For the purposes of this definition, Food Recovery Organizations and Food 86 Recovery Services are not Commercial Edible Food Generators pursuant to 14 87 CCR Section 18982(a)(7). 88
(f) “Compliance Review” means a review of records by a Jurisdiction to determine 89 compliance with this ordinance. 90
(g) “Community Composting” means any activity that composts green material, 91 agricultural material, food material, and vegetative food material, alone or in 92 combination, and the total amount of feedstock and Compost on-site at any one 93 time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR 94 Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). 95 (h) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which 96 stated, as of the effective date of this ordinance, that “Compost” means the product 97 resulting from the controlled biological decomposition of organic Solid Wastes that 98 are Source Separated from the municipal Solid Waste stream, or which are 99 separated at a centralized facility. 100
(i) “Compostable Plastics” or “Compostable Plastic” means plastic materials that 101 meet the ASTM D6400 standard for compostability, or as otherwise described in 102 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). 103 (j) “Container Contamination” or “Contaminated Container” means a container, 104 regardless of color, that contains Prohibited Container Contaminants, or as 105 otherwise defined in 14 CCR Section 18982(a)(55). 106
(k) “C&D” means construction and demolition debris. 107 (l) “Designated Source Separated Organic Waste Facility”, as defined in 14 CCR 108 Section 18982(14.5), means a Solid Waste facility that accepts a Source 109 Separated Organic Waste collection stream as defined in 14 CCR Section 110 17402(a)(26.6) and complies with one of the following: 111 238

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(1) The facility is a “transfer/processor,” as defined in 14 CCR Section 112 18815.2(a)(62), that is in compliance with the reporting requirements of 14 113 CCR Section 18815.5(d), and meets or exceeds an annual average Source 114 Separated organic content Recovery rate of 50 percent between January 1, 115 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 116 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste 117 received from the Source Separated Organic Waste collection stream. 118 (A) If a transfer/processor has an annual average Source Separated 119 organic content Recovery rate lower than the rate required in 120 Paragraph 1 of this definition for two (2) consecutive reporting 121 periods, or three (3) reporting periods within three (3) years, the 122 facility shall not qualify as a “Designated Source Separated Organic 123 Waste Facility”. 124
(2) The facility is a “composting operation” or “composting facility” as defined in 125 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted 126 under 14 CCR Section 18815.7 demonstrates that the percent of the 127 material removed for landfill disposal that is Organic Waste is less than the 128 percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), 129 whichever is applicable, and, if applicable, complies with the digestate 130 handling requirements specified in 14 CCR Section 17896.5. Guidance: 131 Note that the definition of composting operation includes in-vessel digestion 132 as regulated in 14 CCR Section 17896. 133
(A) If the percent of the material removed for landfill disposal that is 134 Organic Waste is more than the percent specified in 14 CCR Section 135 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting 136 periods, or three (3) reporting periods within three (3) years, the 137 facility shall not qualify as a “Designated Source Separated Organic 138 Waste Facility.” For the purposes of this ordinance, the reporting 139 periods shall be consistent with those defined in 14 CCR Section 140 18815.2(a)(49). Guidance: The reporting periods identified in the 141 above Section 3(l)(2)(A) are consistent with reporting that facilities 142 must submit to CalRecycle under RDRS regulations and not 143 reporting to be submitted under this ordinance. 144
Guidance: This definition is only needed when the Jurisdiction is using the 145 Performance-Based Compliance Approach; delete this definition if using the 146 Standard Compliance Approach. 147
(m) “Designee” means an entity that a Jurisdiction contracts with or otherwise arranges 148 to carry out any of the Jurisdiction’s responsibilities of this ordinance as authorized 149 in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a 150 private entity, or a combination of those entities. 151 239

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(n) “Edible Food” means food intended for human consumption, or as otherwise 152 defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as 153 otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid 154 Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, 155 Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that 156 does not meet the food safety requirements of the California Retail Food Code. 157 (o) “Enforcement Action" means an action of the Jurisdiction to address non-158 compliance with this ordinance including, but not limited to, issuing administrative 159 citations, fines, penalties, or using other remedies. 160 (p) “Excluded Waste” means hazardous substance, hazardous waste, infectious 161 waste, designated waste, volatile, corrosive, medical waste, infectious, regulated 162 radioactive waste, and toxic substances or material that facility operator(s), which 163 receive materials from the Jurisdiction and its generators, reasonably believe(s) 164 would, as a result of or upon acceptance, transfer, processing, or disposal, be a 165 violation of local, State, or Federal law, regulation, or ordinance, including: land 166 use restrictions or conditions, waste that cannot be disposed of in Class III landfills 167 or accepted at the facility by permit conditions, waste that in Jurisdictions, or its 168 Designee’s reasonable opinion would present a significant risk to human health or 169 the environment, cause a nuisance or otherwise create or expose Jurisdiction, or 170 its Designee, to potential liability; but not including de minimis volumes or 171 concentrations of waste of a type and amount normally found in Single-Family or 172 Multi-Family Solid Waste after implementation of programs for the safe collection, 173 processing, recycling, treatment, and disposal of batteries and paint in compliance 174 with Sections 41500 and 41802 of the California Public Resources Code. Excluded 175 Waste does not include used motor oil and filters, household batteries, universal 176 wastes, and/or latex paint when such materials are defined as allowable materials 177 for collection through the Jurisdiction’s collection programs and the generator or 178 customer has properly placed the materials for collection pursuant to instructions 179 provided by Jurisdiction or its Designee for collection services. 180 Guidance: Jurisdictions should modify the above Excluded Waste definition based 181 on the specific types of accepted or prohibited materials in their program. For 182 example, the final sentence of this definition is an example of a customization 183 option that a Jurisdiction might include if the Jurisdiction has a special collection or 184 recycling program for items like motor oil and filters, household batteries, or other 185 such items as applicable. 186
(q) “Food Distributor” means a company that distributes food to entities including, but 187 not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 188 CCR Section 18982(a)(22). 189
(r) “Food Facility” has the same meaning as in Section 113789 of the Health and 190 Safety Code. 191
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(s) “Food Recovery” means actions to collect and distribute food for human 192 consumption that otherwise would be disposed, or as otherwise defined in 14 CCR 193 Section 18982(a)(24). 194
(t) “Food Recovery Organization” means an entity that engages in the collection or 195 receipt of Edible Food from Commercial Edible Food Generators and distributes 196 that Edible Food to the public for Food Recovery either directly or through other 197 entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not 198 limited to: 199
(1) A food bank as defined in Section 113783 of the Health and Safety Code; 200 (2) A nonprofit charitable organization as defined in Section 113841 of the 201 Health and Safety code; and, 202
(3) A nonprofit charitable temporary food facility as defined in Section 113842 203 of the Health and Safety Code. 204
A Food Recovery Organization is not a Commercial Edible Food Generator for the 205 purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 206 pursuant to 14 CCR Section 18982(a)(7). 207
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization 208 differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall 209 apply to this ordinance. 210
(u) “Food Recovery Service” means a person or entity that collects and transports 211 Edible Food from a Commercial Edible Food Generator to a Food Recovery 212 Organization or other entities for Food Recovery, or as otherwise defined in 14 213 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible 214 Food Generator for the purposes of this ordinance and implementation of 14 CCR, 215 Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). 216 (v) “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, 217 poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and 218 eggshells. Food Scraps excludes fats, oils, and grease when such materials are 219 Source Separated from other Food Scraps. Guidance: Jurisdictions should modify 220 the above definition of Food Scraps to be consistent with their specific list of 221 accepted Food Scraps. For example, Jurisdictions that accept fats, oils, and 222 grease in their collection program should modify the final sentence of this definition 223 accordingly. 224
(w) “Food Service Provider” means an entity primarily engaged in providing food 225 services to institutional, governmental, Commercial, or industrial locations of 226 others based on contractual arrangements with these types of organizations, or as 227 otherwise defined in 14 CCR Section 18982(a)(27). 228
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(x) “Food-Soiled Paper” is compostable paper material that has come in contact with 229 food or liquid, such as, but not limited to, compostable paper plates, paper coffee 230 cups, napkins, pizza boxes, and milk cartons. 231
(y) “Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics. 232 Guidance: Jurisdictions should modify the above definition of Food Waste 233 according to the materials accepted in their program. For example, some programs 234 do not accept Food-Soiled Paper in their collection programs based on the 235 processing technologies used. In that case, Jurisdictions should modify this 236 definition to remove or restrict Food-Soiled Paper if desired. It should be noted; 237 however, that Jurisdictions are still required to handle Food-Soiled Paper in a 238 manner that results in landfill disposal reduction pursuant to 14 CCR Section 239 18983.1. However, if the Food-Soiled Paper is not included in Food Waste or Food 240 Scraps collection, the Jurisdiction is still responsible for providing a method of 241 properly handling and processing all Organic Waste that are required by SB 1383 242 Regulations to be handled in a manner that results in landfill disposal reduction in 243 accordance with 14 CCR Section 18983.1. 244
Jurisdictions may choose to include Compostable Plastics in their definition of 245 Food Waste if such materials are accepted in their program. If the Jurisdiction does 246 not allow Compostable Plastics to be collected with Food Waste, delete 247 “Compostable Plastics” from the Food Waste definition. 248 (z) “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and 249 shall be used for the purpose of storage and collection of Gray Container Waste. 250 Guidance: For two- and one-container systems and three- and three-plus-251 container systems that allow Organic Waste, such as Food Waste, for collection in 252 the Gray Container, replace “Gray Container Waste” with “Mixed Waste” in this 253 sentence. 254
(aa) “Gray Container Waste” means Solid Waste that is collected in a Gray Container 255 that is part of a three-container Organic Waste collection service that prohibits the 256 placement of Organic Waste in the Gray Container as specified in 14 CCR 257 Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 258 17402(a)(6.5). Guidance: This definition is only needed for Jurisdictions using 259 three- or three-plus-container systems that prohibit Organic Waste, such as Food 260 Waste, to be collected in the Gray Container. For Jurisdictions using a two- or one-261 container system, or a three- or three-plus-container system that allows Organic 262 Waste, such as Food Waste, for collection in the Gray Container, delete this 263 definition and instead include only the definition of “Mixed Waste” below. 264 (bb) “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) 265 and shall be used for the purpose of storage and collection of Source Separated 266 Green Container Organic Waste. Guidance: For three-container, three-plus-267 container, and two-container green/gray systems, include this “Green Container” 268 242

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definition. For two-container blue/gray systems and one-container systems, delete 269 this definition. 270
(cc) “Grocery Store” means a store primarily engaged in the retail sale of canned food; 271 dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area 272 that is not separately owned within the store where the food is prepared and 273 served, including a bakery, deli, and meat and seafood departments, or as 274 otherwise defined in 14 CCR Section 18982(a)(30). 275
(dd) “Hauler Route” means the designated itinerary or sequence of stops for each 276 segment of the Jurisdiction’s collection service area, or as otherwise defined in 14 277 CCR Section 18982(a)(31.5). Guidance: The SB 1383 Regulations do not specify 278 the time unit or frequency of a “Hauler Route.” Jurisdictions may wish to modify 279 this definition to specify whether a route is daily, weekly, etc., for the purposes of 280 the ordinance. 281
(ee) “High Diversion Organic Waste Processing Facility” means a facility that is in 282 compliance with the reporting requirements of 14 CCR Section 18815.5(d) and 283 meets or exceeds an annual average Mixed Waste organic content Recovery rate 284 of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent 285 after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for 286 Organic Waste received from the “Mixed waste organic collection stream” as 287 defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR 288 Section 18982(a)(33). 289
(ff) “Inspection” means a site visit where a Jurisdiction reviews records, containers, 290 and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste 291 or Edible Food handling to determine if the entity is complying with requirements 292 set forth in this ordinance, or as otherwise defined in 14 CCR Section 293 18982(a)(35). 294
(gg) “Jurisdiction” Guidance: No definition has been included for Jurisdiction. Users of 295 the Model Ordinance are instructed to replace Jurisdiction throughout the Model 296 with the term appropriate to their organization (e.g., City, County, Special District 297 that provides solid waste collection services, Agency, etc.). 298 (hh) “Jurisdiction Enforcement Official” means the city manager, county administrative 299 official, chief operating officer, executive director, or other executive in charge or 300 their authorized Designee(s) who is/are partially or whole responsible for enforcing 301 the ordinance. See also “Regional or County Agency Enforcement Official”. 302 Guidance: If the Jurisdiction chooses a different enforcement model, then it should 303 change or delete this definition. Other approaches may be enforcement by 304 committee, task force, or elected body, should such entities be designated by the 305 Jurisdiction with those responsibilities. Enforcement does not have to be limited 306 to one person; however, the Jurisdiction may not delete its authority to impose any 307 civil penalties that are required by the SB 1383 Regulations to a private entity 308 pursuant to 14 CCR Section 18981.2(d). 309
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(ii) “Large Event” means an event, including, but not limited to, a sporting event or a 310 flea market, that charges an admission price, or is operated by a local agency, and 311 serves an average of more than 2,000 individuals per day of operation of the event, 312 at a location that includes, but is not limited to, a public, nonprofit, or privately 313 owned park, parking lot, golf course, street system, or other open space when 314 being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs 315 from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to 316 this ordinance. 317
(jj) “Large Venue” means a permanent venue facility that annually seats or serves an 318 average of more than 2,000 individuals within the grounds of the facility per day of 319 operation of the venue facility. For purposes of this ordinance and implementation 320 of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a 321 public, nonprofit, or privately owned or operated stadium, amphitheater, arena, 322 hall, amusement park, conference or civic center, zoo, aquarium, airport, 323 racetrack, horse track, performing arts center, fairground, museum, theater, or 324 other public attraction facility. For purposes of this ordinance and implementation 325 of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that 326 includes more than one Large Venue that is contiguous with other Large Venues 327 in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) 328 differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall 329 apply to this ordinance. 330
(kk) “Local Education Agency” means a school district, charter school, or county office 331 of education that is not subject to the control of city or county regulations related 332 to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). 333 (ll) “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste 334 collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 335 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as 336 otherwise defined in 14 CCR Section 17402(a)(11.5). Guidance: This definition is 337 only to be used by Jurisdictions using two- or one-container systems or three- or 338 three-plus-container systems that allow Organic Waste, such as Food Waste, for 339 collection in the Gray Container. In these cases, materials in the Gray Containers 340 are to be processed at a High Diversion Organic Waste Processing Facility. Delete 341 if using a three- or three-plus container system that does not allow Organic Waste 342 to be collected in the Gray Containers. 343
(mm) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining 344 to residential premises with five (5) or more dwelling units. Multi-Family premises 345 do not include hotels, motels, or other transient occupancy facilities, which are 346 considered Commercial Businesses. Guidance: Under the SB 1383 Regulations 347 and in this Model Ordinance, Multi-Family Residential Dwellings with five (5) or 348 more units are included under the definition of a Commercial Business per 14 CCR 349 Section 18982(a)(6). 350
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(nn) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 351 CCR, Division 2, Chapter 2.7. 352
(oo) “Non-Compostable Paper” includes but is not limited to paper that is coated in a 353 plastic material that will not breakdown in the composting process, or as otherwise 354 defined in 14 CCR Section 18982(a)(41). Guidance: In the definition of Non-355 Compostable Paper, Jurisdictions may wish to provide additional detail on the 356 materials and coatings that their processing facility is able to accept. However, the 357 Jurisdiction is still responsible for properly handling and processing all Organic 358 Waste required by the SB 1383 Regulations to be handled in a manner that results 359 in landfill disposal reduction in accordance with 14 CCR Section 18983.1. 360 (pp) “Non-Local Entity” means the following entities that are not subject to the 361 Jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 362 18982(a)(42): 363
Guidance: Jurisdiction should include one or more of the items below as 364 appropriate for Jurisdiction, and delete non-applicable items. 365 (1) Special district(s) located within the boundaries of the Jurisdiction, including 366 ________ (insert names of special districts). 367
(2) Federal facilities, including military installations, located within the 368 boundaries of the Jurisdiction, including ________ (insert names of federal 369 facilities). 370
(3) Prison(s) located within the boundaries of the Jurisdiction, including 371 ________ (insert names of prisons). Guidance: Private prisons are 372 considered Commercial Businesses and should not be listed here. 373 (4) Facilities operated by the State park system located within the boundaries 374 of the Jurisdiction, including ________ (insert names of State park 375 facilities). 376
(5) Public universities (including community colleges) located within the 377 boundaries of the Jurisdiction, including ________ (insert names of 378 universities). 379
(6) County fairgrounds located within the boundaries of the Jurisdiction, 380 including ________ (insert names of fairgrounds). 381
(7) State agencies located within the boundaries of the Jurisdiction, including 382 ________ (insert names of State agencies). 383
(qq) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable 384 wastes including but not limited to bottles, cans, metals, plastics and glass, or as 385 otherwise defined in 14 CCR Section 18982(a)(43). Guidance: Only Jurisdictions 386 245

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that have three-, three-plus-, or two-container collection service will include “Non-387 Organic Recyclables” definition. Delete if using a one-container collection service. 388 (rr) “Notice of Violation (NOV)” means a notice that a violation has occurred that 389 includes a compliance date to avoid an action to seek penalties, or as otherwise 390 defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 391 18995.4. 392
(ss) “Organic Waste” means Solid Wastes containing material originated from living 393 organisms and their metabolic waste products, including but not limited to food, 394 green material, landscape and pruning waste, organic textiles and carpets, lumber, 395 wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, 396 and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids 397 and digestate are as defined by 14 CCR Section 18982(a). 398 (tt) “Organic Waste Generator” means a person or entity that is responsible for the 399 initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 400 18982(a)(48). 401
(uu) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, 402 wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and 403 toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). 404 (vv) “Printing and Writing Papers” include, but are not limited to, copy, xerographic, 405 watermark, cotton fiber, offset, forms, computer printout paper, white wove 406 envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, 407 and other uncoated writing papers, posters, index cards, calendars, brochures, 408 reports, magazines, and publications, or as otherwise defined in 14 CCR Section 409 18982(a)(54). 410
(ww) “Prohibited Container Contaminants” 411
Guidance: Jurisdictions shall include one or more of the definitions of Prohibited 412 Container Contaminants listed below, corresponding with the collection service(s) 413 it is using, and delete the others. 414
(1) Option 1, Three-container or three-plus-container collection service (Blue 415 Container, Green Container, and Gray Containers): “Prohibited Container 416 Contaminants” means the following: (i) discarded materials placed in the 417 Blue Container that are not identified as acceptable Source Separated 418 Recyclable Materials for the Jurisdiction’s Blue Container; (ii) discarded 419 materials placed in the Green Container that are not identified as acceptable 420 Source Separated Green Container Organic Waste for the Jurisdiction’s 421 Green Container; (iii) discarded materials placed in the Gray Container that 422 are acceptable Source Separated Recyclable Materials and/or Source 423 Separated Green Container Organic Wastes to be placed in Jurisdiction’s 424 246

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Green Container and/or Blue Container; and, (iv) Excluded Waste placed in 425 any container. 426
(2) Option 2a, Two-container (green/gray) collection service for Source 427 Separated Green Container Organic Waste and mixed materials): 428 “Prohibited Container Contaminants” means the following: (i) discarded 429 materials placed in a Green Container that are not identified as acceptable 430 Source Separated Green Container Organic Waste for the Jurisdiction’s 431 Green Container; (ii) discarded materials placed in the Gray Container that 432 are identified as acceptable Source Separated Green Container Organic 433 Waste, which are to be separately collected in Jurisdiction’s Green 434 Container; and, (iii) Excluded Waste placed in any container. 435 (3) Option 2b, Two-container (blue/gray) collection service for Source 436 Separated Recyclable Materials and mixed materials): “Prohibited 437 Container Contaminants” means the following: (i) discarded materials 438 placed in a Blue Container that are not identified as acceptable Source 439 Separated Recyclable Materials for Jurisdiction’s Blue Container; (ii) 440 discarded materials placed in the Gray Container that are identified as 441 acceptable Source Separated Recyclable Materials, which are to be 442 separately collected in Jurisdiction’s Blue Container; and, (iii) Excluded 443 Waste placed in any container. 444
(4) Option 3, One-container collection service: “Prohibited Container 445 Contaminants” means Excluded Waste placed in any container. Guidance: 446 The term “Prohibited Container Contaminants” under the SB 1383 447 Regulations does not apply to one-container systems; however, 448 Jurisdictions may wish to use this definition to explicitly state that Excluded 449 Waste is a contaminant in a one-container system. 450
(xx) “ Recovered Organic Waste Products” means products made from California, 451 landfill-diverted recovered Organic Waste processed in a permitted or otherwise 452 authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). 453 (yy) “Recovery” means any activity or process described in 14 CCR Section 454 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). 455 (zz) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper 456 that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as 457 otherwise defined in 14 CCR Section 18982(a)(61). 458
(aaa) “Regional Agency” means regional agency as defined in Public Resources Code 459 Section 40181. 460
(bbb) “Regional or County Agency Enforcement Official” means a regional or county 461 agency enforcement official, designated by the Jurisdiction with responsibility for 462 enforcing the ordinance in conjunction or consultation with Jurisdiction 463 Enforcement Official. Guidance: Include Regional or County Agency Enforcement 464 247

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Official only if Jurisdiction plans to designate another public entity with enforcement 465 responsibilities. Jurisdiction should stay involved in Enforcement Actions as the 466 responsibility for enforcement remains with each Jurisdiction. 467 (ccc) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless 468 electronic devices to visualize the contents of Blue Containers, Green Containers, 469 and Gray Containers for purposes of identifying the quantity of materials in 470 containers (level of fill) and/or presence of Prohibited Container Contaminants. 471 (ddd) “Renewable Gas” means gas derived from Organic Waste that has been diverted 472 from a California landfill and processed at an in-vessel digestion facility that is 473 permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as 474 otherwise defined in 14 CCR Section 18982(a)(62). 475
(eee) “Restaurant” means an establishment primarily engaged in the retail sale of food 476 and drinks for on-premises or immediate consumption, or as otherwise defined in 477 14 CCR Section 18982(a)(64). 478
(fff) “Route Review” means a visual Inspection of containers along a Hauler Route for 479 the purpose of determining Container Contamination, and may include mechanical 480 Inspection methods such as the use of cameras, or as otherwise defined in 14 481 CCR Section 18982(a)(65). 482
(ggg) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on 483 September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 484 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing 485 with Section 42652) to Part 3 of Division 30 of the Public Resources Code, 486 establishing methane emissions reduction targets in a Statewide effort to reduce 487 emissions of short-lived climate pollutants as amended, supplemented, 488 superseded, and replaced from time to time. 489
(hhh) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the 490 purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste 491 Reduction regulations developed by CalRecycle and adopted in 2020 that created 492 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR 493 and 27 CCR. Guidance: Throughout the Model, Sections of the SB 1383 494 Regulations are referenced in the format “14 CCR Section XXXX,” or “27 CCR 495 Section XXXX” with the exception of certain cases where a more general reference 496 to “SB 1383 Regulations” was appropriate. “14 CCR” means Title 14 of the 497 California Code of Regulations, and “27 CCR” means Title 27 of the California 498 Code of Regulations. 499
(iii) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or 500 recyclable material he or she has generated to another person. Self-hauler also 501 includes a person who back-hauls waste, or as otherwise defined in 14 CCR 502 Section 18982(a)(66). Back-haul means generating and transporting Organic 503 Waste to a destination owned and operated by the generator using the generator’s 504 248

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own employees and equipment, or as otherwise defined in 14 CCR Section 505 18982(a)(66)(A). 506
(jjj) “Single-Family” means of, from, or pertaining to any residential premises with fewer 507 than five (5) units. Guidance: Jurisdiction may amend this definition to be 508 consistent with the current definition and the Jurisdiction’s current codes; however, 509 the threshold unit number of five (5) must remain consist with the SB 1383 510 Regulations (refer to Commercial Business definition in 14 CCR Section 511 18982(a)(6), which includes Multi-Family dwellings of five (5) or more units and 512 excludes Multi-Family Residential Dwellings with fewer than five (5) units). 513 (kkk) “Solid Waste” has the same meaning as defined in State Public Resources Code 514 Section 40191, which defines Solid Waste as all putrescible and nonputrescible 515 solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, 516 rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned 517 vehicles and parts thereof, discarded home and industrial appliances, dewatered, 518 treated, or chemically fixed sewage sludge which is not hazardous waste, manure, 519 vegetable or animal solid and semi-solid wastes, and other discarded solid and 520 semisolid wastes, with the exception that Solid Waste does not include any of the 521 following wastes: 522
(1) Hazardous waste, as defined in the State Public Resources Code Section 523 40141. 524
(2) Radioactive waste regulated pursuant to the State Radiation Control Law 525 (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of 526 the State Health and Safety Code). 527
(3) Medical waste regulated pursuant to the State Medical Waste Management 528 Act (Part 14 (commencing with Section 117600) of Division 104 of the State 529 Health and Safety Code). Untreated medical waste shall not be disposed of 530 in a Solid Waste landfill, as defined in State Public Resources Code Section 531 40195.1. Medical waste that has been treated and deemed to be Solid 532 Waste shall be regulated pursuant to Division 30 of the State Public 533 Resources Code. 534
(lll) “Source Separated” means materials, including commingled recyclable materials, 535 that have been separated or kept separate from the Solid Waste stream, at the 536 point of generation, for the purpose of additional sorting or processing those 537 materials for recycling or reuse in order to return them to the economic mainstream 538 in the form of raw material for new, reused, or reconstituted products, which meet 539 the quality standards necessary to be used in the marketplace, or as otherwise 540 defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, 541 Source Separated shall include separation of materials by the generator, property 542 owner, property owner’s employee, property manager, or property manager’s 543 employee into different containers for the purpose of collection such that Source 544 Separated materials are separated from Gray Container Waste/Mixed Waste or 545 249

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other Solid Waste for the purposes of collection and processing. Guidance: In the 546 preceding sentence, use “Gray Container Waste” for three- and three-plus 547 container systems that prohibit Organic Waste, such as Food Waste, in the Gray 548 Containers; use “Mixed Waste” for two- and one-container systems and three- or 549 three-plus-container systems that allow Organic Waste, such as Food Waste, to 550 be collected in the Gray Container. 551
(mmm) “Source Separated Blue Container Organic Waste” means Source 552 Separated Organic Wastes that can be placed in a Blue Container that is limited 553 to the collection of those Organic Wastes and Non-Organic Recyclables as defined 554 in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7). 555 Guidance: This definition is intended to reflect recyclable materials that are 556 considered Organic Waste such as Paper Products and Printing and Writing 557 Paper, and, if permitted by the Jurisdiction to be placed in the Blue Container, 558 wood, dry lumber, and textiles. This definition is only needed for Jurisdictions using 559 three-, three-plus-, or two-container (blue/gray) systems. 560 (nnn) “Source Separated Green Container Organic Waste” means Source Separated 561 Organic Waste that can be placed in a Green Container that is specifically intended 562 for the separate collection of Organic Waste by the generator, excluding Source 563 Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and 564 textiles. Guidance: This definition should only be included for Jurisdictions using a 565 three-, three-plus, or two-container (green/gray) system. This definition is not 566 included in the SB 1383 Regulations. It is provided as a term for materials collected 567 in a Green Container. 568
(ooo) “Source Separated Recyclable Materials” means Source Separated Non-Organic 569 Recyclables and Source Separated Blue Container Organic Waste. Guidance: 570 This definition is only needed for Jurisdictions using three-, three-plus, or two-571 container (blue/gray) systems. This definition is not included in the SB 1383 572 Regulations. It is provided as a term for materials collected in a Blue Container. 573 (ppp) “State” means the State of California. 574
(qqq) “Supermarket” means a full-line, self-service retail store with gross annual sales of 575 two million dollars ($2,000,000), or more, and which sells a line of dry grocery, 576 canned goods, or nonfood items and some perishable items, or as otherwise 577 defined in 14 CCR Section 18982(a)(71). 578
(rrr) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food 579 Generator that is one of the following: 580
(1) Supermarket. 581
(2) Grocery Store with a total facility size equal to or greater than 10,000 square 582 feet. 583
(3) Food Service Provider. 584
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(4) Food Distributor. 585
(5) Wholesale Food Vendor. 586
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible 587 Food Generator differs from this definition, the definition in 14 CCR Section 588 18982(a)(73) shall apply to this ordinance. 589
(sss) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food 590 Generator that is one of the following: 591
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater 592 than 5,000 square feet. 593
(2) Hotel with an on-site Food Facility and 200 or more rooms. 594 (3) Health facility with an on-site Food Facility and 100 or more beds. 595 (4) Large Venue. 596
(5) Large Event. 597
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria 598 facility size equal to or greater than 5,000 square feet. 599 (7) A Local Education Agency facility with an on-site Food Facility. 600 If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible 601 Food Generator differs from this definition, the definition in 14 CCR Section 602 18982(a)(74) shall apply to this ordinance. 603
(ttt) “Uncontainerized Green Waste and Yard Waste Collection Service” or 604 “Uncontainerized Service” means a collection service that collects green waste 605 and yard waste that is placed in a pile or bagged for collection on the street in front 606 of a generator’s house or place of business for collection and transport to a facility 607 that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR 608 Section 189852(a)(75). 609
(uuu) “Wholesale Food Vendor” means a business or establishment engaged in the 610 merchant wholesale distribution of food, where food (including fruits and 611 vegetables) is received, shipped, stored, prepared for distribution to a retailer, 612 warehouse, distributor, or other destination, or as otherwise defined in 14 CCR 613 Section 189852(a)(76). 614
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SECTION 4. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS 615 (STANDARD COMPLIANCE APPROACH) 616
Guidance: Pursuant to the SB 1383 Regulations (14 CCR Section 18984.12), 617 Jurisdictions that are eligible for, apply for, and receive low population, rural, and/or high 618 elevation waivers may exempt Single-Family Organic Waste Generators from some 619 generator requirements as specified in the waiver applied for and granted by CalRecycle. 620 The process for receiving such waivers is described in 14 CCR Section 18984.12. Those 621 Jurisdictions receiving such waivers shall modify the following requirements according to 622 the specifics of the waiver granted. 623
Single-Family Organic Waste Generators shall comply with the following requirements 624 except Single-Family generators that meet the Self-Hauler requirements in Section 12 of 625 this ordinance: Guidance: Include the text highlighted in blue in the preceding sentence if 626 the Jurisdiction allows Single-Family generators to self-haul materials they generate. By 627 virtue of adding this language and requirements on Self-Haulers in Section 12, 628 Jurisdiction is thereby allowing self-hauling, and creating the required enforceable 629 mechanism for self-hauling, as required in 14 CCR Section 18988.1(b). 630 (a) Shall subscribe to Jurisdiction’s Organic Waste collection services for all Organic 631 Waste generated as described below in Section 4(b). Jurisdiction shall have the 632 right to review the number and size of a generator’s containers to evaluate 633 adequacy of capacity provided for each type of collection service for proper 634 separation of materials and containment of materials; and, Single-Family 635 generators shall adjust its service level for its collection services as requested by 636 the Jurisdiction. Generators may additionally manage their Organic Waste by 637 preventing or reducing their Organic Waste, managing Organic Waste on site, 638 and/or using a Community Composting site pursuant to 14 CCR Section 639 18984.9(c). 640
(b) Shall participate in the Jurisdiction’s Organic Waste collection service(s) by placing 641 designated materials in designated containers as described below, and shall not 642 place Prohibited Container Contaminants in collection containers. 643 Guidance: The collection service options are provided below. Jurisdictions are to 644 choose the collection service(s) they are using and delete the options they are not 645 using. For Options 1 and 2 below, Jurisdiction may need to add other streams 646 collected in their program as appropriate (e.g., dual-stream recycling, 647 Uncontainerized Green Waste and Yard Waste Collection Service, and other 648 additional containers as allowed under the SB 1383 Regulations, such as a brown 649 container or brown section of a split container for separated Food Waste, etc.). 650 (1) Option 1: A three- and three-plus-container collection service (Blue 651 Container, Green Container, and Gray Container) (choose Option 1a or 1b) 652 (A) Option 1a: Generator shall place Source Separated Green Container 653 Organic Waste, including Food Waste, in the Green Container; 654 252

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Source Separated Recyclable Materials in the Blue Container; and 655 Gray Container Waste in the Gray Container. Generators shall not 656 place materials designated for the Gray Container into the Green 657 Container or Blue Container. 658
(B) Option 1b: Generator shall place Source Separated Green Container 659 Organic Waste, except Food Waste, in the Green Container; Source 660 Separated Recyclable Materials in the Blue Container; and Mixed 661 Waste, including Food Waste, in the Gray Container. Generator shall 662 not place materials designated for the Green Containers or Blue 663 Containers in the Gray Containers. 664
(2) Option 2: Two-container collection service (Green Container/Gray 665 Container system or Blue Container/Gray Container system) (choose 666 Option 2a or 2b) 667
(A) Option 2a, Green Container/Gray Container: Generator shall place 668 only Source Separated Green Container Organic Waste in a Green 669 Container. Generator shall place all other materials (Mixed Waste) in 670 a Gray Container. 671
(B) Option 2b, Blue Container/Gray Container: Generator shall place 672 only Source Separated Recyclable Materials in a Blue Container. 673 Generator shall place all other materials (Mixed Waste) in a Gray 674 Container. 675
(3) Option 3: An unsegregated single container (one-container) collection 676 service 677
(A) Generator shall place all materials (Mixed Waste) in a Gray 678 Container. 679
SECTION 5. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS 680 (PERFORMANCE-BASED COMPLIANCE APPROACH) 681
Guidance: Note that the regulations do not require Jurisdictions using a Performance-682 Based Compliance Approach to include the following items in their ordinance: the 683 regulation of haulers and Self-Haulers; the generator waivers for physical space, di 684 minimis volumes, and collection frequency; and the enforcement provisions with the 685 exception of enforcement related to Edible Food generators and Food Recovery 686 Organizations and services. There are other regulatory requirements that the Jurisdiction 687 would also be exempt from related to CalRecycle requirements on the Jurisdiction itself 688 (e.g., certain recordkeeping, education, container labeling, outreach, and reporting 689 requirements) that are not intended to be addressed by this ordinance that can be found 690 in 14 CCR Section 18998.2. 691
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Pursuant to SB 1383 Regulations (14 CCR Section 18984.12), Jurisdictions that are 692 eligible for, apply for, and receive low population, rural, and/or high elevation waivers may 693 exempt Single-Family Organic Waste Generators from some generator requirements as 694 specified in the waiver applied for and granted by CalRecycle, provided that the 695 Jurisdiction meets the ninety (90%) participation requirements in the areas not subject to 696 the waiver(s). The process for receiving such waivers is described in 14 CCR Section 697 18984.12. Those Jurisdictions receiving such waivers shall modify the following 698 requirements, if needed, according to the specifics of the waiver granted. 699 Single-Family Organic Waste Generators except Single-Family generators that meet the 700 Self-Hauler requirements in Section 12 of this ordinance: Guidance: Include the text 701 highlighted in blue in the preceding sentence if the Jurisdiction allows Single-Family 702 generators to self-haul materials they generate. By virtue of adding this language and 703 requirements on Self-Haulers in Section 12, Jurisdiction is thereby allowing self-hauling, 704 and creating the required enforceable mechanism for self-hauling, as required in 14 CCR, 705 Section 18988.1(b). 706
(a) Shall be automatically enrolled in the Jurisdiction’s three-container Organic Waste 707 collection services with a minimum Source Separated Recyclable Materials 708 service level of _______ gallons per week (Jurisdiction to insert minimum required 709 service level), and with a minimum Source Separated Green Container Organic 710 Waste service level of _______ gallons per week (Jurisdiction to insert minimum 711 required service level), approved by the ___________ (Jurisdiction to insert solid 712 waste manager, public works director or other authorized entity). Jurisdiction shall 713 have the authority to change this minimum required levels of service over time. 714 Jurisdiction shall have the right to review the number, size, and location of a 715 generator’s containers to evaluate adequacy of capacity provided for each type of 716 collection service for proper separation of materials and containment of materials; 717 and, generator shall adjust its service level for its collection services as requested 718 by the Jurisdiction. 719
Guidance: In subsection (a) above, auto enrollment means that Single-Family 720 generators will be subscribed to Organic Waste collection service as determined 721 to be appropriate by the Jurisdiction. Such service provision will not be optional 722 and shall be provided to all generators. This will help the Jurisdiction meet the 723 Performance-Based Compliance Approach requirement that such service shall be 724 provided without requiring businesses or residents to request it prior to enrollment 725 pursuant to 14 CCR Section 18998.1(a)(4). 726
(b) Shall participate in the Jurisdiction’s three-container system for Source Separated 727 Recyclable Materials, Source Separated Green Container organic materials, and 728 Gray Container Waste collection services. Generator participation in the collection 729 programs requires that generators place Source Separated Green Container 730 Organic Waste, including Food Waste, in the Green Container; Source Separated 731 Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray 732 Container. Generators shall not place materials designated for the Gray Container 733 into the Green Container or Blue Container. 734
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(c) Nothing in this Section prohibits a generator from preventing or reducing waste 735 generation, managing Organic Waste on site, and/or using a Community 736 Composting site pursuant to 14 CCR Section 18984.9(c). 737 SECTION 6. REQUIREMENTS FOR COMMERCIAL BUSINESSES 738
(STANDARD-COMPLIANCE APPROACH) 739
Guidance: Jurisdictions using a Standard Compliance Approach and a three-, three-plus, 740 or two-container collection service shall include this Section. Note that Commercial 741 Businesses by the definition in the SB 1383 Regulations and the definition provided in 742 this Model Ordinance includes Multi-Family Residential Dwellings of five (5) and more 743 units. 744
Pursuant to SB 1383 Regulations (14 CCR Section 18984.12), Jurisdictions that are 745 eligible for, apply for, and receive low population, rural and/or high elevation waivers may 746 exempt Commercial Businesses and owners (including Multi-Family) from some 747 generator requirements as specified in the waiver applied for and granted by CalRecycle. 748 Those Jurisdictions receiving such waivers shall modify the following requirements 749 according to the specifics of the waiver granted. 750
While waivers for low-population areas and high-elevation areas waiver some SB 1383 751 regulatory requirements for generators and Jurisdictions, AB 341 and AB 1826 752 requirements apply for Commercial Businesses that are covered by AB 341 and AB 1826 753 and located in these areas. As a result, Jurisdictions with these waivers may need to this 754 Section to require Commercial Businesses that are covered by AB 341 and AB 1826 and 755 located in these areas to comply with AB 341 and AB 1826 requirements in alignment 756 with the Jurisdiction’s AB 341 Commercial recycling program and AB 1826 Organic Waste 757 recycling programs. 758
Generators that are Commercial Businesses, including Multi-Family Residential 759 Dwellings, shall: 760
(a) Subscribe to Jurisdiction’s three-, three-plus, two-, or one-container collection 761 services and comply with requirements of those services as described below in 762 Section 6(b), except Commercial Businesses that meet the Self-Hauler 763 requirements in Section 12 of this ordinance. Guidance: Refer to Section 4 for 764 guidance on inclusion of the preceding Self-Hauler option. Jurisdiction shall have 765 the right to review the number and size of a generator’s containers and frequency 766 of collection to evaluate adequacy of capacity provided for each type of collection 767 service for proper separation of materials and containment of materials; and, 768 Commercial Businesses shall adjust their service level for their collection services 769 as requested by the Jurisdiction. 770
(b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 771 12 of this ordinance, participate in the Jurisdiction’s Organic Waste collection 772 255

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service(s) by placing designated materials in designated containers as described 773 below. 774
Guidance: The collection service options are provided below. Jurisdictions are to 775 choose the collection service(s) they are using and delete the options they are not 776 using. For Options 1 and 2 below, Jurisdiction may need to add other streams 777 collected in their program as appropriate (e.g., dual-stream recycling, 778 Uncontainerized Green Waste and Yard Waste Collection Service, and other 779 additional containers as allowed under the SB 1383 Regulations, such as a brown 780 container or brown section of a split container for separated Food Waste, etc.). 781 (1) Option 1: A three- and three-plus-container collection service (Blue 782 Container, Green Container, and Gray Container) (choose Option 1a or 1b) 783 (A) Option 1a: Generator shall place Source Separated Green Container 784 Organic Waste, including Food Waste, in the Green Container; 785 Source Separated Recyclable Materials in the Blue Container; and 786 Gray Container Waste in the Gray Container. Generator shall not 787 place materials designated for the Gray Container into the Green 788 Container or Blue Container. 789
(B) Option 1b: Generator shall place Source Separated Green Container 790 Organic Waste, except Food Waste, in the Green Container; Source 791 Separated Recyclable Materials in the Blue Container; and Mixed 792 Waste, including Food Waste, in the Gray Container. Generator shall 793 not place materials designated for the Green Containers or Blue 794 Containers in the Gray Containers. 795
(2) Option 2: Two-container collection service (Green Container/Gray 796 Container system or Blue Container/Gray Container system) (choose 797 Option 2a or 2b) 798
(A) Option 2a, Green Container/Gray Containers: Generator shall place 799 only Source Separated Green Container Organic Waste in a Green 800 Container. Generator shall place all other materials (Mixed Waste) 801 in a Gray Container. 802
(B) Option 2b, Blue Container/Gray Containers: Generator shall place 803 only Source Separated Recyclable Materials in a Blue Container. 804 Generator shall place all other materials (Mixed Waste) in a Gray 805 Container. 806
(3) Option 3: An unsegregated single container (one-container) collection 807 service 808
(A) Generator shall place all materials (Mixed Waste) in a Gray 809 Container. 810
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(c) Supply and allow access to adequate number, size and location of collection 811 containers with sufficient labels or colors (conforming with Sections 6(d)(1) and 812 6(d)(2) below) for employees, contractors, tenants, and customers, consistent with 813 Jurisdiction’s Blue Container, Green Container, and Gray Container collection 814 service or, if self-hauling, per the Commercial Businesses’ instructions to support 815 its compliance with its self-haul program, in accordance with Section 12. Guidance: 816 For Jurisdictions using a two-container system, delete Blue Container or Green 817 Container as applicable from the first sentence. Jurisdictions using a one-container 818 system may delete this subsection. 819
(d) Excluding Multi-Family Residential Dwellings, provide containers for the collection 820 of Source Separated Green Container Organic Waste and Source Separated 821 Recyclable Materials in all indoor and outdoor areas where disposal containers are 822 provided for customers, for materials generated by that business. Guidance: For 823 Jurisdictions using a two-container system, delete “Source Separated Green 824 Container Organic Waste” or “Source Separated Recyclable Materials” as 825 applicable. Jurisdictions using a one-container system may delete this subsection. 826 Such containers do not need to be provided in restrooms. If a Commercial 827 Business does not generate any of the materials that would be collected in one 828 type of container, then the business does not have to provide that particular 829 container in all areas where disposal containers are provided for customers. 830 Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business 831 shall have either: 832
(1) A body or lid that conforms with the container colors provided through the 833 collection service provided by Jurisdiction, with either lids conforming to the 834 color requirements or bodies conforming to the color requirements or both 835 lids and bodies conforming to color requirements. A Commercial Business 836 is not required to replace functional containers, including containers 837 purchased prior to January 1, 2022, that do not comply with the 838 requirements of the subsection prior to the end of the useful life of those 839 containers, or prior to January 1, 2036, whichever comes first. 840 (2) Container labels that include language or graphic images, or both, indicating 841 the primary material accepted and the primary materials prohibited in that 842 container, or containers with imprinted text or graphic images that indicate 843 the primary materials accepted and primary materials prohibited in the 844 container. Pursuant 14 CCR Section 18984.8, the container labeling 845 requirements are required on new containers commencing January 1, 2022. 846 (e) Multi-Family Residential Dwellings are not required to comply with container 847 placement requirements or labeling requirement in Section 6(d) pursuant to 14 848 CCR Section 18984.9(b). Guidance: Jurisdictions using a one-container system 849 may delete this subsection 850
(f) To the extent practical through education, training, Inspection, and/or other 851 measures, excluding Multi-Family Residential Dwellings, prohibit employees from 852 257

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placing materials in a container not designated for those materials per the 853 Jurisdiction’s Blue Container, Green Container, and Gray Container collection 854 service or, if self-hauling, per the Commercial Businesses’ instructions to support 855 its compliance with its self-haul program, in accordance with Section 12. 856 Guidance: Jurisdictions using a one-container system may delete this subsection 857 (g) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, 858 Green Containers, and Gray Containers for contamination and inform employees 859 if containers are contaminated and of the requirements to keep contaminants out 860 of those containers pursuant to 14 CCR Section 18984.9(b)(3). Guidance: For 861 Jurisdictions using a two-container system, delete Blue Container or Green 862 Container, as applicable. Jurisdictions using a one-container system may delete 863 this subsection. 864
Guidance: In the above subsection (g), Jurisdictions may wish to specify a 865 frequency upon which business owners shall inspect containers for contamination 866 such as quarterly, twice annually, or annually instead of periodically, but this 867 specified frequency is not required by the SB 1383 Regulations. 868 (h) Annually provide information to employees, contractors, tenants, and customers 869 about Organic Waste Recovery requirements and about proper sorting of Source 870 Separated Green Container Organic Waste and Source Separated Recyclable 871 Materials. Guidance: For Jurisdictions using a two-container system, delete 872 Source Separated Green Container Organic Waste or Source Separated 873 Recyclable Materials, as applicable. Jurisdictions using a one-container system 874 may delete this subsection. 875
(i) Provide education information before or within fourteen (14) days of occupation of 876 the premises to new tenants that describes requirements to keep Source 877 Separated Green Container Organic Waste and Source Separated Recyclable 878 Materials separate from Gray Container Waste (when applicable) and the location 879 of containers and the rules governing their use at each property. Guidance: For 880 Jurisdictions using a two-container system, delete Source Separated Green 881 Container Organic Waste or Source Separated Recyclable Materials, as 882 applicable. For two-container system and three- and three-plus container systems 883 that allow for Organic Waste, such as Food Waste, to be collected it the Gray 884 Container, replace Gray Container Waste with Mixed Waste. Jurisdictions using a 885 one-container system may delete this subsection. 886
(j) Provide or arrange access for Jurisdiction or its agent to their properties during all 887 Inspections conducted in accordance with Section 16 of this ordinance to confirm 888 compliance with the requirements of this ordinance. 889 (k) Accommodate and cooperate with Jurisdiction’s Remote Monitoring program for 890 Inspection of the contents of containers for Prohibited Container Contaminants, 891 which may be implemented at a later date, to evaluate generator’s compliance with 892 Section 6(b). The Remote Monitoring program shall involve installation of Remote 893 258

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Monitoring equipment on or in the Blue Containers, Green Containers, and Gray 894 Containers. Guidance: This subsection is an optional provision. It is not required 895 by the SB 1383 Regulations. Jurisdictions may include this if they choose to use a 896 Remote Monitoring system to monitor for Prohibited Container Contaminants to 897 support their compliance with 14 CCR Section 18984.5, Container Contamination 898 minimization requirements. Jurisdictions granting collection frequency waivers 899 may choose to require Remote Monitoring for generators granting such waivers. 900 For Jurisdictions using a two- container system, delete Blue Container or Green 901 Container as applicable from the first sentence. For Jurisdictions using a one-902 container system, delete this subsection. 903
(l) At Commercial Business’s option and subject to any approval required from the 904 Jurisdiction, implement a Remote Monitoring program for Inspection of the 905 contents of its Blue Containers, Green Containers, and Gray Containers for the 906 purpose of monitoring the contents of containers to determine appropriate levels 907 of service and to identify Prohibited Container Contaminants. Generators may 908 install Remote Monitoring devices on or in the Blue Containers, Green Containers, 909 and Gray Containers subject to written notification to or approval by the Jurisdiction 910 or its Designee. Guidance: This subsection is an optional provision. It is not 911 required by the SB 1383 Regulations. It is provided to address scenarios in which 912 Commercial Businesses want to implement their own Remote Monitoring systems, 913 which involves installation of equipment on containers owned by the Jurisdiction 914 or its hauler. Commercial Businesses may want to implement the Remote 915 Monitoring system to monitor their compliance with 14 CCR Section 18984.9. For 916 Jurisdictions using a two- container system, delete Blue Container or Green 917 Container as applicable from the first sentence. 918
(m) If a Commercial Business wants to self haul, meet the Self-Hauler requirements in 919 Section 12 of this ordinance. 920
(n) Nothing in this Section prohibits a generator from preventing or reducing waste 921 generation, managing Organic Waste on site, or using a Community Composting 922 site pursuant to 14 CCR Section 18984.9(c). 923
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food 924 Generators shall comply with Food Recovery requirements, pursuant to Section 9. 925 SECTION 7. REQUIREMENTS FOR COMMERCIAL BUSINESSES 926
(PERFORMANCE-BASED COMPLIANCE APPROACH) 927
Guidance: Jurisdictions using a Performance-Based Compliance Approach with a three-928 container collection service shall include this Section. Note that Commercial Business by 929 the definition in the SB 1383 Regulations and the definition provided in this Model 930 Ordinance includes Multi-Family Residential Dwellings of five (5) and more units. Under 931 a Performance-Based Compliance Approach, businesses must be automatically enrolled 932 in the Jurisdiction’s three-container Organic Waste collection service, as opposed to 933 259

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requesting service. Auto enrollment means that Commercial generators will be 934 subscribed to Organic Waste collection service as determined to be appropriate by the 935 Jurisdiction. Such service provision will not be optional and shall be provided to all 936 generators. Pursuant to 14 CCR Section 18998.1(a)(1), at least ninety percent (90%) of 937 Commercial Businesses and ninety percent (90%) of the residential sector subject to a 938 Jurisdiction’s authority must be provided with three-container Organic Waste collection 939 service for a Jurisdiction to use the Performance-Based Compliance Approach. 940 Pursuant to SB 1383 Regulations (14 CCR Section 18984.12), Jurisdictions that are 941 eligible for, apply for, and receive low population, rural and/or high elevation waivers may 942 exempt Commercial Businesses and owners (including Multi-Family) from some 943 generator requirements as specified in the waiver applied for and granted by CalRecycle, 944 provided that the Jurisdiction meets the ninety percent (90%) participation requirements 945 in the areas not subject to the waiver(s). Those Jurisdictions receiving such waivers shall 946 modify the following requirements, if needed, according to the specifics of the waiver 947 granted. 948
While waivers for low-population areas and high-elevation areas waiver some SB 1383 949 regulatory requirements for generators and Jurisdictions, AB 341 and AB 1826 950 requirements apply for Commercial Businesses that are covered by AB 341 and AB 1826 951 and located in these areas. As a result, Jurisdictions with these waivers may need to this 952 Section to require Commercial Businesses that are covered by AB 341 and AB 1826 and 953 located in these areas to comply with AB 341 and AB 1826 requirements in alignment 954 with the Jurisdiction’s AB 341 Commercial recycling program and AB 1826 Organic Waste 955 recycling programs. 956
Commercial Businesses, which includes Multi-Family Residential Dwellings, shall: 957 (a) Except Commercial Businesses that meet the Self-Hauler requirements in Section 958 12 of this ordinance, be automatically enrolled in the Jurisdiction’s three-container 959 Organic Waste collection services with a Source Separated Recyclable Materials 960 service level of _______ (Jurisdiction to insert minimum required service level, 961 which could be a specified number of gallons or cubic yards of weekly service, a 962 level equal to the garbage service level, or other basis), and with a Source 963 Separated Green Container Organic Waste service level of ________ (Jurisdiction 964 to insert minimum required service level, which could be a specified number of 965 gallons or cubic yards of weekly service, a level equal to the garbage service level, 966 or other basis), approved by the ________ (Jurisdiction to insert solid waste 967 manager, public works director or other authorized entity). Jurisdiction shall have 968 the authority to change the minimum required service levels over time. The 969 Commercial Business’ Source Separated Recyclable Materials service level and 970 Source Separated Green Container Organic Waste service level must be sufficient 971 for the amount of Source Separated Recyclable Materials and Source Separated 972 Green Container Organic Waste generated by the Commercial Business. 973 Jurisdiction shall have the right to review the number, size, and location of a 974 generator’s containers and frequency of collection to evaluate adequacy of 975 capacity provided for each type of collection service for proper separation of 976 260

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materials and containment of materials; and, Commercial Business shall adjust its 977 service level for its collection services as requested by the Jurisdiction. 978 Guidance: In subsection (a) above, auto enrollment means that Multi-Family and 979 Commercial generators will be subscribed to Organic Waste collection service as 980 determined to be appropriate by the Jurisdiction. Such service provision will not 981 be optional and shall be provided to all generators. This will help the Jurisdiction 982 meet the Performance-Based Compliance Approach requirement that such 983 service shall be provided without requiring businesses or residents to request it 984 prior to enrollment pursuant to 14 CCR Section 18998.1(a)(4). 985 (b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 986 12 of this ordinance, participate in and comply with the Jurisdiction’s three-987 container (Blue Container, Green Container, and Gray Container) collection 988 service by placing designated materials in designated containers as described 989 below. Generator shall place Source Separated Green Container Organic Waste, 990 including Food Waste, in the Green Container; Source Separated Recyclable 991 Materials in the Blue Container; and Gray Container Waste in the Gray Container. 992 Generators shall not place materials designated for the Gray Container into the 993 Green Container or Blue Container. 994
(c) Supply and allow access to adequate number, size, and location of collection 995 containers with sufficient labels or colors (conforming with Section 7(d)(1) and 996 7(d)(2) below), for employees, contractors, tenants and customers, consistent with 997 Jurisdiction’s Blue Container, Green Container, and Gray Container collection 998 service. 999
(d) Excluding Multi-Family Residential Dwellings, provide containers for the collection 1000 of Source Separated Green Container Organic Waste, and Source Separated 1001 Recyclable Materials in all indoor and outdoor areas where disposal containers are 1002 provided for customers, for materials generated by that business. Such containers 1003 do not need to be provided in restrooms. If a Commercial Business does not 1004 generate any of the materials that would be collected in one type of container, then 1005 the business does not have to provide that particular container in all areas where 1006 disposal containers are provided for customers. Pursuant to 14 CCR Section 1007 18984.9(b), the containers provided by the business shall have either: 1008 (1) A body or lid that conforms with the container colors provided through the 1009 collection service provided by Jurisdiction, with either lids conforming to the 1010 color requirements or bodies conforming to the color requirements or both 1011 lids and bodies conforming to color requirements. A Commercial Business 1012 is not required to replace functional containers, including containers 1013 purchased prior to January 1, 2022, that do not comply with the 1014 requirements of the subsection prior to the end of the useful life of those 1015 containers, or prior to January 1, 2036, whichever comes first. 1016 261

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(2) Container labels that include language or graphic images or both indicating 1017 the primary material accepted and the primary materials prohibited in that 1018 container or containers with imprinted text or graphic images that indicate 1019 the primary materials accepted and primary materials prohibited in the 1020 container. Pursuant 14 CCR Section 18984.8, the container labels are 1021 required on new containers commencing January 1, 2022. 1022 (e) Excluding Multi-Family Residential Dwellings, prohibit employees from placing 1023 materials in a container not designated for those materials per the Jurisdiction’s 1024 Organic Waste, Non-Organic Recyclables, and non-Organic Waste collection 1025 service to the extent practical through education, training, Inspection, and/or other 1026 measures. 1027
(f) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Container, 1028 Green Container, and Gray Containers for contamination and inform employees if 1029 containers are contaminated and of the requirements to keep contaminants out of 1030 those containers pursuant to 14 CCR Section 18984.9(b)(3). 1031 Guidance: In subsection (g) above, Jurisdictions may wish to specify a frequency 1032 upon which business owners shall inspect containers for contamination such as 1033 quarterly, twice annually, or annually instead of periodically, but this specified 1034 frequency is not required by the SB 1383 Regulations. 1035 (g) Annually provide information to employees, contractors, tenants, and customers 1036 about Organic Waste Recovery requirements and about proper sorting of Source 1037 Separated Green Container Organic Waste and Source Separated Recyclable 1038 Materials. 1039
(h) Provide education information before or within fourteen (14) days of occupation of 1040 the premises to new tenants that describes requirements to keep Source 1041 Separated Green Container Organic Waste and Source Separated Recyclable 1042 Materials separate from Gray Container Waste (when applicable) and the location 1043 of containers and the rules governing their use at each property. 1044 (i) Provide or arrange access for Jurisdiction or its agent to their properties during all 1045 Inspections conducted in accordance with Section 16 of this ordinance to confirm 1046 compliance with the requirements of this Ordinance. 1047 (j) Accommodate and cooperate with Jurisdiction’s Remote Monitoring program for 1048 Inspection of the contents of containers for Prohibited Container Contaminants, 1049 which may be implemented at a later date, to evaluate generator’s compliance with 1050 Section 6(b). The Remote Monitoring program shall involve installation of Remote 1051 Monitoring equipment on or in the Blue Containers, Green Containers, and Gray 1052 Containers. Guidance: This subsection is an optional provision. It is not required 1053 by the SB 1383 Regulations. Jurisdictions may include this if they choose to use a 1054 Remote Monitoring system to monitor for Prohibited Container Contaminants to 1055 support their compliance with 14 CCR Section 18984.5, Container Contamination 1056 262

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minimization requirements. Jurisdictions granting collection frequency waivers 1057 may choose to require Remote Monitoring for generators granting such waivers. 1058 For Jurisdictions using a two- container system, delete Blue Container or Green 1059 Container as applicable from the first sentence. For Jurisdictions using a one-1060 container system, delete this subsection. 1061
(k) At Commercial Business’ option and subject to any approval required from the 1062 Jurisdiction, implement a Remote Monitoring program for Inspection of the 1063 contents of its Blue Containers, Green Containers, and Gray Containers for the 1064 purpose of monitoring the contents of containers to determine appropriate levels 1065 of service and to identify Prohibited Container Contaminants. Generators may 1066 install Remote Monitoring devices on or in the Blue Containers, Green Containers, 1067 and Gray Containers subject to written notification to or approval by the Jurisdiction 1068 or its Designee. Guidance: This subsection is an optional provision. It is not 1069 required by the SB 1383 Regulations. It is provided to address scenarios in which 1070 Commercial Businesses want to implement their own Remote Monitoring systems, 1071 which involves installation of equipment on containers owned by the Jurisdiction 1072 or its hauler. Commercial Businesses may want to implement the Remote 1073 Monitoring system to monitor their compliance with 14 CCR Section 18984.9. For 1074 Jurisdictions using a two- container system, delete Blue Container or Green 1075 Container as applicable from the first sentence. 1076
(l) If a Commercial Business wants to self haul, meet the Self-Hauler requirements in 1077 Section 12 of this ordinance. 1078
(m) Nothing in this Section prohibits a generator from preventing or reducing waste 1079 generation, managing Organic Waste on site, or using a Community Composting 1080 site pursuant to 14 CCR Section 18984.9(c). 1081
(n) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food 1082 Generators shall comply with Food Recovery requirements, pursuant to Section 9. 1083 SECTION 8. WAIVERS FOR GENERATORS 1084
Guidance: Pursuant to 14 CCR Section 18984.11, the SB 1383 Regulations allow 1085 Jurisdictions, at their option, to grant waivers to generators for physical space limitations, 1086 de minimis volumes, and/or collection frequency waivers. These waivers are applicable 1087 only to three-, three-plus, and two-container systems and are optional for Jurisdictions 1088 using either the Standard Compliance Approach or the Performance-Based Compliance 1089 Approach. This Section 8 of the Model Ordinance focuses on the requirements that must 1090 be met by Organic Waste Generators or businesses applying to the Jurisdiction for 1091 physical space, de minimis, and collection frequency waivers. Other waivers covered in 1092 14 CCR Section 18984.12, including low population, rural, and high elevation can only be 1093 applied for by the Jurisdiction to CalRecycle and are not covered herein. 1094 263

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Jurisdictions using the Performance-Based Compliance Approach may issue waivers at 1095 their discretion provided that the minimum ninety percent (90%) Commercial and ninety 1096 percent (90%) residential collection program participation levels are met. Jurisdictions 1097 using the Performance-Based Compliance Approach are not subject to the recordkeeping 1098 requirements for documentation evidencing the need for such waivers to CalRecycle 1099 pursuant to 14 CCR Section 18998.2(a)(7), as provided in this Section or the reporting 1100 requirement on the number and type of waivers issued. 1101 Jurisdictions may choose to include one or more of the three options presented below (de 1102 minimis, physical space, and collection frequency waivers), or any combination thereof, 1103 if Jurisdiction chooses to allow such waivers. Jurisdictions that choose not to a specific 1104 type of waiver shall omit provisions below applicable to that waiver. 1105 For Jurisdictions with low-population area and/or high-elevation area waivers, it is 1106 important to recognize that the SB 1383 waivers are different than the waivers allowed 1107 under AB 341 and AB 1826. As a result, Jurisdictions with low-population area and/or 1108 high-elevation area waiver(s) that choose to offer waivers to Commercial Businesses that 1109 are covered by AB 341 and/or AB 1826 and located in these areas may need to include 1110 a separate section that describes the waivers for these generators. 1111 (a) De Minimis Waivers (Optional for Three-, Three-Plus, and Two-Container Systems 1112 per 14 CCR Section 18984.11). Guidance: Pursuant to 14 CCR Section 1113 18984.11(a)(1), the SB 1383 Regulations limit de minimis waivers to Commercial 1114 Businesses as reflected in this language. A Jurisdiction may waive a Commercial 1115 Business’ obligation (including Multi-Family Residential Dwellings) to comply with 1116 some or all of the Organic Waste requirements of this ordinance if the Commercial 1117 Business provides documentation that the business generates below a certain 1118 amount of Organic Waste material as described in Section 8(a)(2) below. 1119 Commercial Businesses requesting a de minimis waiver shall: 1120 (1) Submit an application specifying the services that they are requesting a 1121 waiver from and provide documentation as noted in Section 8(a)(2) below. 1122 (2) Provide documentation that either: 1123
(A) The Commercial Business’ total Solid Waste collection service is two 1124 cubic yards or more per week and Organic Waste subject to 1125 collection in a Blue Container or Green Container comprises less 1126 than 20 gallons per week per applicable container of the business’ 1127 total waste; or, 1128
(B) The Commercial Business’ total Solid Waste collection service is less 1129 than two cubic yards per week and Organic Waste subject to 1130 collection in a Blue Container or Green Container comprises less 1131 than 10 gallons per week per applicable container of the business’ 1132 total waste. 1133
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(3) Notify Jurisdiction if circumstances change such that Commercial 1134 Business’s Organic Waste exceeds threshold required for waiver, in which 1135 case waiver will be rescinded. 1136
(4) Provide written verification of eligibility for de minimis waiver every 5 years, 1137 if Jurisdiction has approved de minimis waiver. 1138
(b) Physical Space Waivers (Optional for Three-, Three-Plus, and Two-Container 1139 Systems) Guidance: Pursuant to 14 CCR Section 18984.11(a)(1), SB 1383 1140 Regulations limit de minimis waivers to Commercial Businesses as reflected in this 1141 language. Jurisdiction may waive a Commercial Business’ or property owner’s 1142 obligations (including Multi-Family Residential Dwellings) to comply with some or 1143 all of the recyclable materials and/or Organic Waste collection service 1144 requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed 1145 architect, or licensed engineer demonstrating that the premises lacks adequate 1146 space for the collection containers required for compliance with the Organic Waste 1147 collection requirements of Section 6 or 7. 1148
A Commercial Business or property owner may request a physical space waiver 1149 through the following process: 1150
(1) Submit an application form specifying the type(s) of collection services for 1151 which they are requesting a compliance waiver. 1152
(2) Provide documentation that the premises lacks adequate space for Blue 1153 Containers and/or Green Containers including documentation from its 1154 hauler, licensed architect, or licensed engineer. Guidance: For Jurisdictions 1155 using a two-container system, delete Blue Container or Green Container, 1156 as applicable. 1157
(3) Provide written verification to Jurisdiction that it is still eligible for physical 1158 space waiver every five years, if Jurisdiction has approved application for a 1159 physical space waiver. 1160
(c) Collection Frequency Waiver (Optional for Three-, Three-Plus, and Two-Container 1161 Systems) Guidance: Include Section 8(c) only if Jurisdiction offers waivers for less-1162 than-weekly Gray Container and/or Blue Container collection service (meeting the 1163 requirements in 14 CCR Section 18984.11 3(A)1) to Single-Family or Commercial 1164 Business owners or tenants subscribing to a two-, three-, or three-plus container 1165 collection service. Jurisdiction to indicate below whether their collection service is 1166 a two-, three-, or three-plus-container system, and specify whether these waivers 1167 are available for the Blue Container, Gray Container, or both, as appropriate for 1168 the collection system.. Jurisdiction, at its discretion and in accordance with 14 CCR 1169 Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, 1170 business establishment or industry that subscribes to the Jurisdiction’s three-, 1171 three-plus, or two-container Organic Waste collection service to arrange for the 1172 265

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collection of their Blue Container, Gray Container, or both once every fourteen 1173 days, rather than once per week. 1174
(d) Review and Approval of Waivers by Jurisdiction (Optional) 1175 Guidance: At its option, Jurisdictions may wish to include a provision that identifies 1176 which staff person or department will be responsible for review and approval of 1177 waivers. Note that Jurisdictions’ authority to issue a waiver cannot be delegated to 1178 a private entity pursuant to the SB 1383 Regulations (14 CCR Section 1179 18984.11(c)). 1180
SECTION 9. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD 1181 GENERATORS 1182
(a) Tier One Commercial Edible Food Generators must comply with the requirements 1183 of this Section 9 commencing January 1, 2022, and Tier Two Commercial Edible 1184 Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR 1185 Section 18991.3. 1186
(b) Large Venue or Large Event operators not providing food services, but allowing 1187 for food to be provided by others, shall require Food Facilities operating at the 1188 Large Venue or Large Event to comply with the requirements of this Section, 1189 commencing January 1, 2024. 1190
(c) Commercial Edible Food Generators shall comply with the following requirements: 1191 (1) Arrange to recover the maximum amount of Edible Food that would 1192 otherwise be disposed. 1193
(2) Contract with, or enter into a written agreement with Food Recovery 1194 Organizations or Food Recovery Services for: (i) the collection of Edible 1195 Food for Food Recovery; or, (ii) acceptance of the Edible Food that the 1196 Commercial Edible Food Generator self-hauls to the Food Recovery 1197 Organization for Food Recovery. 1198
(3) Shall not intentionally spoil Edible Food that is capable of being recovered 1199 by a Food Recovery Organization or a Food Recovery Service. 1200 (4) Allow Jurisdiction’s designated enforcement entity or designated third party 1201 enforcement entity to access the premises and review records pursuant to 1202 14 CCR Section 18991.4. 1203
(5) Keep records that include the following information, or as otherwise 1204 specified in 14 CCR Section 18991.4: 1205
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(A) A list of each Food Recovery Service or organization that collects or 1206 receives its Edible Food pursuant to a contract or written agreement 1207 established under 14 CCR Section 18991.3(b). 1208
(B) A copy of all contracts or written agreements established under 14 1209 CCR Section 18991.3(b). 1210
(C) A record of the following information for each of those Food Recovery 1211 Services or Food Recovery Organizations: 1212
(i) The name, address and contact information of the Food 1213 Recovery Service or Food Recovery Organization. 1214
(ii) The types of food that will be collected by or self-hauled to the 1215 Food Recovery Service or Food Recovery Organization. 1216 (iii) The established frequency that food will be collected or self-1217 hauled. 1218
(iv) The quantity of food, measured in pounds recovered per 1219 month, collected or self-hauled to a Food Recovery Service or 1220 Food Recovery Organization for Food Recovery. 1221
(6) (Optional) No later than ________ of each year (Jurisdiction to insert date) 1222 commencing no later than ________ for Tier One Commercial Edible Food 1223 Generators and ________ for Tier Two Commercial Edible Food 1224 Generators (Jurisdiction to insert dates), provide an annual Food Recovery 1225 report to the Jurisdiction that includes the following information: ________. 1226 Guidance: While the SB 1383 Regulations do not require reporting by 1227 Commercial Edible Food Generators, Jurisdictions may want to consider 1228 adding this optional requirement that generators submit records of their 1229 contracts or written agreements and Food Recovery activities annually to 1230 monitor Commercial Edible Food Generator compliance and gather 1231 information for capacity planning purposes. While it is also not required, 1232 Jurisdictions may want to require reporting on the amount and type of Edible 1233 Food that was not accepted by Food Recovery Organizations or services 1234 for donation. 1235
(d) Nothing in this ordinance shall be construed to limit or conflict with the protections 1236 provided by the California Good Samaritan Food Donation Act of 2017, the Federal 1237 Good Samaritan Act, or share table and school food donation guidance pursuant 1238 to Senate Bill 557 of 2017 (approved by the Governor of the State of California on 1239 September 25, 2017, which added Article 13 [commencing with Section 49580] to 1240 Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend 1241 Section 114079 of the Health and Safety Code, relating to food safety, as 1242 amended, supplemented, superseded and replaced from time to time). 1243 267

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SECTION 10. REQUIREMENTS FOR FOOD RECOVERY 1244
ORGANIZATIONS AND SERVICES, JURISDICTIONS, AND REGIONAL 1245 AGENCIES 1246
Guidance: The inclusion of “Jurisdictions and Regional Agencies” in the title of this 1247 Section 10 is specific to County ordinances in reference to the Food Recovery capacity 1248 planning requirements specified in subsection 10(e) below. Remove this part of the title if 1249 Jurisdiction is not drafting a County ordinance, or modify the title to remove “Regional 1250 Agencies” if no such agencies operate within the County. 1251 (a) Food Recovery Services collecting or receiving Edible Food directly from 1252 Commercial Edible Food Generators, via a contract or written agreement 1253 established under 14 CCR Section 18991.3(b), shall maintain the following 1254 records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): 1255 (1) The name, address, and contact information for each Commercial Edible 1256 Food Generator from which the service collects Edible Food. 1257 (2) The quantity in pounds of Edible Food collected from each Commercial 1258 Edible Food Generator per month. 1259
(3) The quantity in pounds of Edible Food transported to each Food Recovery 1260 Organization per month. 1261
(4) The name, address, and contact information for each Food Recovery 1262 Organization that the Food Recovery Service transports Edible Food to for 1263 Food Recovery. 1264
(b) Food Recovery Organizations collecting or receiving Edible Food directly from 1265 Commercial Edible Food Generators, via a contract or written agreement 1266 established under 14 CCR Section 18991.3(b), shall maintain the following 1267 records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): 1268 (1) The name, address, and contact information for each Commercial Edible 1269 Food Generator from which the organization receives Edible Food. 1270 (2) The quantity in pounds of Edible Food received from each Commercial 1271 Edible Food Generator per month. 1272
(3) The name, address, and contact information for each Food Recovery 1273 Service that the organization receives Edible Food from for Food Recovery. 1274 (c) (Optional provision) Food Recovery Organizations and Food Recovery Services 1275 shall inform generators about California and Federal Good Samaritan Food 1276 Donation Act protection in written communications, such as in their contract or 1277 agreement established under 14 CCR Section 18991.3(b). Guidance: This Section 1278 10(c) provides information about Good Samaritan protections. This is not required 1279 268

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by SB 1383 Regulations, but the California Good Samaritan Food Act requires 1280 Environmental Health Department inspectors to promote Food Recovery and 1281 educate local businesses and organizations about liability protections for 1282 businesses donating food. Inclusion of this language will expand education 1283 requirements for Food Recovery beyond that required by SB 1383 Regulations. 1284 (d) Food Recovery Organizations and Food Recovery Services that have their primary 1285 address physically located in the Jurisdiction and contract with or have written 1286 agreements with one or more Commercial Edible Food Generators pursuant to 14 1287 CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total 1288 pounds of Edible Food recovered in the previous calendar year from the Tier One 1289 and Tier Two Commercial Edible Food Generators they have established a 1290 contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later 1291 than _______ (Jurisdiction to insert date). Guidance: This Section 10(d) is included 1292 to capture the reporting requirements specified in 14 CCR Section 1293 18994.2(h)(2)(A), which only requires reporting by Food Recovery Organizations 1294 and Food Recovery Services on the total pounds of Edible Food recovered from 1295 Commercial Edible Food Generators annually. Jurisdictions may choose to 1296 expand these reporting requirements to capture additional information to support 1297 their capacity planning efforts and for other purposes. For example, while SB 1383 1298 Regulations do not require reporting on amount and type of Edible Food not 1299 accepted by Food Recovery Organizations and Food Recovery Services, 1300 Jurisdictions may want to consider adding such a requirement. 1301 (e) Food Recovery Capacity Planning 1302
(1) Food Recovery Services and Food Recovery Organizations. In order to 1303 support Edible Food Recovery capacity planning assessments or other 1304 studies conducted by the County, City, special district that provides solid 1305 waste collection services, or its designated entity, Food Recovery Services 1306 and Food Recovery Organizations operating in the Jurisdiction shall provide 1307 information and consultation to the Jurisdiction, upon request, regarding 1308 existing, or proposed new or expanded, Food Recovery capacity that could 1309 be accessed by the Jurisdiction and its Commercial Edible Food 1310 Generators. A Food Recovery Service or Food Recovery Organization 1311 contacted by the Jurisdiction shall respond to such request for information 1312 within 60 days, unless a shorter timeframe is otherwise specified by the 1313 Jurisdiction. Guidance: SB 1383 Regulations (14 CCR Section 18992.2) 1314 require that counties conduct Edible Food Recovery capacity planning, in 1315 coordination with Jursidictions and Regional Agencies, and consult with 1316 Food Recovery Organizations and services regarding existing, or proposed 1317 new and expanded, capacity that could be accessed by the Jurisdiction and 1318 its Commercial Edible Food Generators. Entities contacted by a Jurisdiction 1319 shall respond within 60 days regarding available and potential new or 1320 expanded capacity, pursuant to 14 CCR Section 18992.2(b), or another 1321 timeframe could be inserted within the ordinance that is less than 60 days, 1322 but this is not required. 1323
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(2) Jurisdictions and Regional Agencies. (Provision for County ordinances) 1324 Guidance: SB 1383 Regulations require that counties conduct Food 1325 Recovery capacity planning in coordination with cities, special districts that 1326 provide solid waste collection services, and Regional Agencies within the 1327 county. Jurisdictions that are not counties may remove this subsection (e), 1328 as their ordinances would not regulate other Jurisdictions or regional 1329 agencies; however, cities and special districts that provide solid waste 1330 collection services, and regional agencies should be aware of their 1331 requirement to conduct capacity planning in coordination with the County. 1332 Cities, special districts that provide solid waste collection services, and 1333 regional agencies located within the county shall conduct Edible Food 1334 Recovery capacity planning, in coordination with the county. 1335 (A) If the county identifies that new or expanded capacity to recover 1336 Edible Food is needed, then each Jurisdiction within the county that 1337 lacks capacity shall: 1338
(i) Submit an implementation schedule to CalRecycle and the 1339 county that demonstrates how it will ensure there is enough 1340 new or expanded capacity to recover the Edible Food 1341 currently disposed by Commercial Edible Food Generators 1342 within its Jurisdiction by the end of the reporting period set 1343 forth in 14 CCR Section 18992.3. The implementation 1344 schedule shall include the information specified in 14 CCR 1345 Section 18992.2(c)(1)(A). 1346
(ii) Consult with Food Recovery Organizations and Food 1347 Recovery Services regarding existing, or proposed new and 1348 expanded capacity that could be accessed by the Jurisdiction 1349 and its Commercial Edible Food Generators. 1350
(B) If the county finds that new or expanded capacity is needed, the 1351 county shall notify the Jurisdiction(s) that lack sufficient capacity. 1352 (C) A City, Special District that provides solid waste collection services, 1353 or Regional Agency contacted by the county pursuant to this Section 1354 shall respond to the county’s request for information within 120 days 1355 of receiving the request from the county, unless a shorter timeframe 1356 is otherwise specified by the county. 1357
Guidance: If a City, Special District that provides solid waste 1358 collection services, or Regional Agency fails to provide the 1359 necessary information within 120 days, the county is not required to 1360 include estimates for that Jurisdiction in its capacity plan in the report 1361 it submits pursuant to 14 CCR Section 18992.3. 1362
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SECTION 11. REQUIREMENTS FOR HAULERS AND FACILITY 1363
OPERATORS 1364
(a) Requirements for Haulers (Standard Compliance Approach; Optional for 1365 Performance-Based Compliance Approach) 1366
Guidance: Jurisdictions using the Standard Compliance Approach are required to 1367 adopt an ordinance or other enforceable mechanism for hauler regulation 1368 requirements specified in 14 CCR, Division 7, Chapter 12, Article 7. This Section 1369 11(a) of the Model Ordinance provides language to document the hauler 1370 regulations. Jurisdictions that are exempt from the Organic Waste collection 1371 requirements pursuant to rural, low-population, or high-elevation waivers granted 1372 by CalRecycle pursuant to 14 CCR Section 18984.12, and haulers and Self-1373 Haulers operating or located within exempt areas of those Jurisdictions, are not 1374 required to comply with the SB 1383 Regulations for the duration of an exemption 1375 issued pursuant to 14 CCR Section 18984.12. As a result, these Jurisdictions may 1376 omit this Section 11(a). 1377
Jurisdictions adopting the Performance-Based Compliance Approach are not 1378 required to impose these requirements on haulers, and do not need to include 1379 Section 11(a). However, pursuant to SB 1383 Regulations (14 CCR Section 1380 18998.1(d)(2)) these Jurisdictions must require haulers to keep a record of the 1381 documentation of its approval as a hauler by the Jurisdiction. These Jurisdictions 1382 may, however, choose to adopt some of these other requirements as well to 1383 support their compliance with the requirements of the Performance-Based 1384 Compliance Approach collection service requirements. 1385 This Section and this Model address specific regulatory requirements that 1386 Jurisdictions must enforce on haulers and other entities as specified in 14 CCR, 1387 Division 7, Chapter 12, Article 7. There are other requirements in the SB 1383 1388 Regulations on the Jurisdiction that the Jurisdiction may delegate to a hauler to 1389 comply with on their behalf such as Container Contamination requirements, 1390 outreach and education requirements, container color requirements, and container 1391 labeling requirements. Some of these requirements are more appropriately 1392 addressed in franchise agreements, hauler permits, or licensing systems. 1393 Jurisdiction shall place requirements on one or more of the following types of 1394 haulers depending upon which type(s) of hauler regulation system(s) are allowed 1395 in the Jurisdiction: 1396
Option 1: Exclusive franchised hauler 1397
Option 2: Non-exclusive franchised haulers 1398
Option 3: Permitted haulers 1399
Option 4: Licensed haulers 1400
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Option 5: Include a combination of Options 1 through 4 as appropriate 1401 (1) ________________(Jurisdiction to insert type(s) of hauler(s) from list 1402 above) providing residential, Commercial, or industrial Organic Waste 1403 collection services to generators within the Jurisdiction’s boundaries shall 1404 meet the following requirements and standards as a condition of approval 1405 of a contract, agreement, or other authorization with the Jurisdiction to 1406 collect Organic Waste: 1407
(A) Through written notice to the Jurisdiction annually on or before _____ 1408 (Jurisdiction to insert date), identify the facilities to which they will 1409 transport Organic Waste including facilities for Source Separated 1410 Recyclable Materials, Source Separated Green Container Organic 1411 Waste, and Mixed Waste. Guidance: For Jurisdictions with three- 1412 and three-plus container systems that do not allow Organic Waste, 1413 such as Food Waste to be collected in the Gray Container, delete 1414 Mixed Waste. For Jurisdictions with two-container systems, delete 1415 Source Separated Recyclable Materials or Source Separated Green 1416 Container Organic Waste as applicable. 1417
(B) Transport Source Separated Recyclable Materials, Source 1418 Separated Green Container Organic Waste, and Mixed Waste to a 1419 facility, operation, activity, or property that recovers Organic Waste 1420 as defined in 14 CCR, Division 7, Chapter 12, Article 2. Guidance: 1421 For Jurisdictions with three- and three-plus container systems that 1422 prohibit Organic Waste, such as Food Waste to be collected in the 1423 Gray Container, delete Mixed Waste. For Jurisdictions with two-1424 container systems, delete Source Separated Recyclable Materials or 1425 Source Separated Green Container Organic Waste as applicable. 1426 (C) Obtain approval from the Jurisdiction to haul Organic Waste, unless 1427 it is transporting Source Separated Organic Waste to a Community 1428 Composting site or lawfully transporting C&D in a manner that 1429 complies with 14 CCR Section 18989.1, Section 13 of this ordinance, 1430 and Jurisdiction’s C&D ordinance. 1431
(2) ________________(Jurisdiction to insert type(s) of hauler(s) from list 1432 above) authorization to collect Organic Waste shall comply with education, 1433 equipment, signage, container labeling, container color, contamination 1434 monitoring, reporting, and other requirements contained within its franchise 1435 agreement, permit, license, or other agreement entered into with 1436 Jurisdiction. Guidance: This Section 11(a)(2) is not a requirement of SB 1437 1383 Regulations, but Jurisdictions may want to include it as a cross-1438 reference to other documents that contain hauler requirements. 1439 (b) Requirements for Facility Operators and Community Composting Operations 1440 272

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(1) Owners of facilities, operations, and activities that recover Organic Waste, 1441 including, but not limited to, Compost facilities, in-vessel digestion facilities, 1442 and publicly-owned treatment works shall, upon Jurisdiction request, 1443 provide information regarding available and potential new or expanded 1444 capacity at their facilities, operations, and activities, including information 1445 about throughput and permitted capacity necessary for planning purposes. 1446 Entities contacted by the Jurisdiction shall respond within 60 days. 1447 Guidance: The SB 1383 Regulations include specific requirements for 1448 processing and facility standards. CalRecycle’s Model Franchise 1449 Agreement Tool includes more specific detail on those operative 1450 requirements for facilities. In addition to the capacity planning requirements, 1451 Jurisdictions may consider including a reference here to a franchise 1452 agreement, facility agreement, different section of the Jurisdiction’s 1453 municipal/county code, or other relevant document(s) where facility 1454 standards are specified. 1455
(2) Community Composting operators, upon Jurisdiction request, shall provide 1456 information to the Jurisdiction to support Organic Waste capacity planning, 1457 including, but not limited to, an estimate of the amount of Organic Waste 1458 anticipated to be handled at the Community Composting operation. Entities 1459 contacted by the Jurisdiction shall respond within 60 days. 1460 SECTION 12. SELF-HAULER REQUIREMENTS 1461
Guidance: The SB 1383 Regulations (14 CCR Division 7, Chapter 12, Article 7) specify 1462 requirements for Self-Haulers (which includes back-haulers per the Self-Hauler definition 1463 of the SB 1383 Regulations). Jurisdictions that allow for self-hauling and are using either 1464 the Standard Compliance Approach or Performance-Based Compliance Approach are 1465 required to adopt an ordinance or other enforceable mechanism for Self-Hauler regulation 1466 requirements. This Section 12 of the Model Ordinance provides language to document 1467 the Self-Hauler regulations. If Jurisdictions do not allow self-hauling, this Section 12 may 1468 be deleted. 1469
Jurisdictions that are exempt from the Organic Waste collection requirements pursuant 1470 to rural, low-population, or high-elevation waivers granted by CalRecycle pursuant to SB 1471 1383 Regulations (14 CCR Section 18984.12), and haulers and Self-Haulers operating 1472 or located within exempt areas of those Jurisdictions, are not required to comply with the 1473 SB 1383 Regulations for the duration of an exemption issued pursuant to 14 CCR Section 1474 18984.12. As a result, these Jurisdictions may omit this Section 12. 1475 (a) Self-Haulers shall source separate all recyclable materials and Organic Waste 1476 (materials that Jurisdiction otherwise requires generators to separate for collection 1477 in the Jurisdiction’s organics and recycling collection program) generated on-site 1478 from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 1479 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste 1480 Processing Facility as specified in 14 CCR Section 18984.3. 1481 273

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(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility 1482 that recovers those materials; and haul their Source Separated Green Container 1483 Organic Waste to a Solid Waste facility, operation, activity, or property that 1484 processes or recovers Source Separated Organic Waste. Alternatively, Self-1485 Haulers may haul Organic Waste to a High Diversion Organic Waste Processing 1486 Facility. 1487
(c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential 1488 Dwellings) shall keep a record of the amount of Organic Waste delivered to each 1489 Solid Waste facility, operation, activity, or property that processes or recovers 1490 Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The 1491 records shall include the following information: 1492
(1) Delivery receipts and weight tickets from the entity accepting the waste. 1493 (2) The amount of material in cubic yards or tons transported by the generator 1494 to each entity. 1495
(3) If the material is transported to an entity that does not have scales on-site, 1496 or employs scales incapable of weighing the Self-Hauler’s vehicle in a 1497 manner that allows it to determine the weight of materials received, the Self-1498 Hauler is not required to record the weight of material but shall keep a record 1499 of the entities that received the Organic Waste. 1500
(d) (Optional) Self-Haulers that are Commercial Businesses (including Multi-Family 1501 Self-Haulers) shall provide information collected in Section 12(c) to Jurisdiction if 1502 requested. Guidance: Self-Hauler reporting is not required by the SB 1383 1503 Regulations. If a Jurisdiction includes this subsection, Jurisdiction may want to 1504 identify who the information should be provided to and on what dates, either in this 1505 subsection or in other online or other communications to Self-Haulers. Jurisdiction 1506 may also want to include a provision specifying that Self-Haulers need to register 1507 with the Jurisdiction, if such a system is available or desired, in order to more 1508 consistently track this information. 1509
(e) A residential Organic Waste Generator that self hauls Organic Waste is not 1510 required to record or report information in Section 12(c) and (d). 1511 SECTION 13. COMPLIANCE WITH CALGREEN RECYCLING 1512
REQUIREMENTS 1513
Guidance: SB 1383 Regulations (14 CCR Section 18989.1) require that a Jurisdiction, 1514 which is a city, county, or a city and county, adopt an ordinance or other enforceable 1515 requirement that requires compliance with C&D recycling requirements for Organic Waste 1516 commingled with C&D and for provision of adequate space for recycling for Multi-Family 1517 and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of 1518 the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 1519 274

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and effective January 1, 2020 (“CALGreen SB 1383 Baseline Requirements”). This 1520 Section 13 provides example language that is structured to fulfill this requirement related 1521 narrowly on the CALGreen SB 1383 Baseline Requirements. Pursuant to SB 1383 1522 Regulations (14 CCR Section 18989.1(b)), a Jurisdiction that is not a city, county, or city 1523 and county, is not required to include these CALGreen requirements and may delete this 1524 Section 13. 1525
SB 1383 Regulations (14 CCR Section 18989.1) cite specific date of effectiveness for 1526 CALGreen of January 1, 2020. Jurisdictions’ ordinances need to meet or exceed these 1527 CALGreen SB 1383 Baseline Requirements. If Jurisdictions have the ability to adopt an 1528 ordinance that allows for an “auto” update of the Jurisdiction’s ordinance as the 1529 CALGreen requirements change, that approach is allowable. If the “auto” update results 1530 in changes in CALGreen with standards that are less than those in the CALGreen SB 1531 1383 Baseline Requirements, then the Jurisdiction will need to maintain the standards in 1532 the CALGreen SB 1383 Baseline Requirements. 1533
Jurisdictions with an ordinance or similarly enforceable mechanism requiring compliance 1534 with CALGreen can omit this Section. Jurisdictions should note that while these 1535 CALGreen provisions are included in this Model Ordinance, a Jurisdiction may determine 1536 it is more appropriate to include these CALGreen requirements in a separate ordinance 1537 or in a different, more relevant municipal code section (e.g., building or planning code). 1538 Also note that Jurisdictions are not required to address the CALGreen requirements 1539 through an ordinance if they prefer to use another type of enforceable mechanism. In 1540 such case, Jurisdictions should delete this Section. 1541 If Jurisdictions do not have a separate C&D ordinance or municipal code that address 1542 other C&D related policies, Jurisdictions may want to expand this Section to address 1543 collection, recycling, diversion, tracking, and/or reporting of C&D. 1544 (a) Persons applying for a permit from the Jurisdiction for new construction and 1545 building additions and alternations shall comply with the requirements of this 1546 Section and all required components of the California Green Building Standards 1547 Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered 1548 by the scope of CALGreen or more stringent requirements of the Jurisdiction. If the 1549 requirements of CALGreen are more stringent then the requirements of this 1550 Section, the CALGreen requirements shall apply. 1551
Project applicants shall refer to Jurisdiction’s building and/or planning code for 1552 complete CALGreen requirements. 1553
(b) For projects covered by CALGreen or more stringent requirements of the 1554 Jurisdiction, the applicants must, as a condition of the Jurisdiction’s permit 1555 approval, comply with the following: 1556
(1) Where five (5) or more Multi-Family dwelling units are constructed on a 1557 building site, provide readily accessible areas that serve occupants of all 1558 buildings on the site and are identified for the storage and collection of Blue 1559 275

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Container and Green Container materials, consistent with the three-, three-1560 plus, or two-container collection program offered by the Jurisdiction, or 1561 comply with provision of adequate space for recycling for Multi-Family and 1562 Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 1563

5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 1564 as amended provided amended requirements are more stringent than the 1565 CALGreen requirements for adequate recycling space effective January 1, 1566 2020. Guidance: Include only for three- and two-container systems. For a 1567 two-container system, delete reference to Blue Container or Green 1568 Container as appropriate. Note that the last portion of the requirement 1569 beginning with “…or comply with provisions of adequate space…” is 1570 intended to create an “auto-update” of the ordinance when CALGreen 1571 changes over time. Jurisdictions may choose to eliminate this provision at 1572 their option, if they prefer to update their ordinance each time CALGreen 1573 changes. 1574
(2) New Commercial construction or additions resulting in more than 30% of 1575 the floor area shall provide readily accessible areas identified for the storage 1576 and collection of Blue Container and Green Container materials, consistent 1577 with the three-, three-plus, or two-container collection program offered by 1578 the Jurisdiction, or shall comply with provision of adequate space for 1579 recycling for Multi-Family and Commercial premises pursuant to Sections 1580

4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building 1581 Standards Code, 24 CCR, Part 11 as amended provided amended 1582 requirements are more stringent than the CALGreen requirements for 1583 adequate recycling space effective January 1, 2020. Guidance: Include only 1584 for three-, three-plus, and two-container systems. For a two-container 1585 system, delete reference to Blue Container or Green Container as 1586 appropriate. Note that the last portion of the requirement beginning with 1587 “…or comply with provisions of adequate space…” is intended to create an 1588 “auto-update” of the ordinance when CALGreen changes over time. 1589 Jurisdictions may choose to eliminate this provision at their option, if they 1590 prefer to update their ordinance each time CALGreen changes. 1591 (3) Comply with CALGreen requirements and applicable law related to 1592 management of C&D, including diversion of Organic Waste in C&D from 1593 disposal. Comply with Jurisdiction’s C&D ordinance, Section ___ of 1594 Jurisdiction’s municipal code, and all written and published Jurisdiction 1595 policies and/or administrative guidelines regarding the collection, recycling, 1596 diversion, tracking, and/or reporting of C&D. Guidance: Jurisdictions with a 1597 C&D ordinance may choose to add a link to their ordinance in this 1598 subsection.* 1599
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SECTION 14. MODEL WATER EFFICIENT LANDSCAPING 1600
ORDINANCE REQUIREMENTS 1601
Guidance: SB 1383 Regulations (14 CCR Section 18989.2) require that a Jurisdiction, 1602 which is a city, county, or a City and county, adopt an ordinance or other enforceable 1603 requirement that requires compliance with Sections 492.6(a)(3)(B) (C), (D), and (G) of the 1604 MWWELO as amended September 15, 2015 (“MWELO SB 1383 Baseline 1605 Requirements”). This Section 14 provides example language that is structured to fulfill 1606 this requirement related narrowly on the MWELO SB 1383 Baseline Requirements. As a 1607 result, the Model does not broadly address all requirements of MWELO. Pursuant to SB 1608 1383 Regulations (14 CCR Section 18989.2(b)), a Jurisdiction that is not a city, county, 1609 or city and county, is not required to include these MWELO requirements and may delete 1610 this Section 14. 1611
SB 1383 Regulations (14 CCR Section 18989.2) cite a specific date of effectiveness for 1612 MWELO of September 15, 2015. Jurisdictions’ ordinances need to meet or exceed these 1613 MWELO SB 1393 Baseline Requirements. If a Jurisdiction has the ability to adopt an 1614 ordinance that allows for an “auto” update of the Jurisdiction’s ordinance as the MWELO 1615 requirements change, that approach is allowable. If the “auto” update results in changes 1616 in MWELO with standards that are less than those in the MWELO SB 1383 Baseline 1617 Requirements, then the Jurisdiction will need to maintain the standards in the MWELO 1618 SB 1383 Baseline Requirements. 1619
Jurisdictions that have an existing MWELO ordinance or other enforceable mechanism 1620 that covers the MWELO SB 1383 Baseline Requirements may omit this provision. 1621 Jurisdictions should note that while these MWELO provisions are included in this Model 1622 Ordinance, a Jurisdiction may determine it is more appropriate to include these MWELO 1623 requirements in a separate ordinance or in a different, more relevant municipal code 1624 section (e.g., building or planning code). Also note that Jurisdictions are not required to 1625 address the MWELO requirements through an ordinance if they prefer to use another 1626 type of enforceable mechanism. In such case, Jurisdictions should delete this Section. 1627 (a) Property owners or their building or landscape designers, including anyone 1628 requiring a building or planning permit, plan check, or landscape design review 1629 from the Jurisdiction, who are constructing a new (Single-Family, Multi-Family, 1630 public, institutional, or Commercial) project with a landscape area greater than 500 1631 square feet, or rehabilitating an existing landscape with a total landscape area 1632 greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), 1633 and (G) of the MWELO, including sections related to use of Compost and mulch 1634 as delineated in this Section 14. 1635
(b) The following Compost and mulch use requirements that are part of the MWELO 1636 are now also included as requirements of this ordinance. Other requirements of 1637 the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. 1638 Guidance: In the preceding sentence, Jurisdictions can insert link to its own WELO 1639 if the provisions are equal to or greater in stringency than Sections 492.6(a)(3)(B) 1640 277

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(C), (D), and (G) of the September 15, 2015 MWELO, but proof of these 1641 requirements will need to be submitted to CalRecycle. 1642 (c) Property owners or their building or landscape designers that meet the threshold 1643 for MWELO compliance outlined in Section 14(a) above shall: 1644 (1) Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which 1645 requires the submittal of a landscape design plan with a soil preparation, 1646 mulch, and amendments section to include the following: 1647 (A) For landscape installations, Compost at a rate of a minimum of four 1648 cubic yards per 1,000 square feet of permeable area shall be 1649 incorporated to a depth of six (6) inches into the soil. Soils with 1650 greater than six percent (6%) organic matter in the top six (6) inches 1651 of soil are exempt from adding Compost and tilling. 1652 (B) For landscape installations, a minimum three- (3-) inch layer of mulch 1653 shall be applied on all exposed soil surfaces of planting areas except 1654 in turf areas, creeping or rooting groundcovers, or direct seeding 1655 applications where mulch is contraindicated. To provide habitat for 1656 beneficial insects and other wildlife up to five percent (5%) of the 1657 landscape area may be left without mulch. Designated insect habitat 1658 must be included in the landscape design plan as such. 1659 (C) Organic mulch materials made from recycled or post-consumer 1660 materials shall take precedence over inorganic materials or virgin 1661 forest products unless the recycled post-consumer organic products 1662 are not locally available. Organic mulches are not required where 1663 prohibited by local fuel modification plan guidelines or other 1664 applicable local ordinances. 1665
(2) The MWELO compliance items listed in this Section are not an inclusive list 1666 of MWELO requirements; therefore, property owners or their building or 1667 landscape designers that meet the threshold for MWELO compliance 1668 outlined in Section 14(a) shall consult the full MWELO for all requirements. 1669 (d) If, after the adoption of this ordinance, the California Department of Water 1670 Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, 1671 Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 1672 requirements in a manner that requires Jurisdictions to incorporate the 1673 requirements of an updated MWELO in a local ordinance, and the amended 1674 requirements include provisions more stringent than those required in this Section, 1675 the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced. 1676 278

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SECTION 15. PROCUREMENT REQUIREMENTS FOR JURISDICTION 1677 DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND VENDORS 1678 Guidance: This Section 15 of the Model Ordinance includes example procurement 1679 requirements to address the Recovered Organic Waste Product and Recycled-Content 1680 Paper procurement requirements pursuant to SB 1383 Regulations (14 CCR, Division 7, 1681 Chapter 12, Article 12). The first Section 15(a) provides a simple statement of 1682 requirements for Jurisdiction’s departments to comply with the Jurisdiction’s purchasing 1683 policy, which is anticipated to be adopted or amended to address the procurement 1684 requirements in SB 1383 Regulations. The second Section 15(b) specifies Recycled-1685 Content Paper requirements for vendors. Jurisdictions should note that while these 1686 provisions are included in this Model Ordinance, a Jurisdiction may determine it is more 1687 appropriate to include these procurement requirements in a separate ordinance or in a 1688 different, more relevant municipal code section. Jurisdictions may also choose not to 1689 include the requirements in an ordinance, and instead use another type of enforceable 1690 mechanism to document the requirements. 1691
This Model anticipates that Recovered Organic Waste Product and Recycled-Content 1692 Paper procurement requirements of the SB 1383 Regulations (14 CCR, Division 7, 1693 Chapter 12, Article 12) will be described fully in a separate procurement policy(ies) 1694 developed by Jurisdictions. The separate procurement policy(ies) is(are) anticipated to 1695 contain additional requirements that the Jurisdiction will place on its departments, 1696 purchasers, and others for procuring Compost, mulch, Renewable Gas, electricity from 1697 biomass, and Recycled-Content Paper products and Printing and Writing Paper and 1698 Recovered Organic Waste Products. Jurisdiction shall adopt a separate procurement 1699 policy(ies) by an action of its governing body. Requiring compliance with that policy(ies) 1700 through an ordinance is one way to ensure the provisions are enforceable, which is 1701 required for certain procurement provisions. For example, in order for mulch to qualify as 1702 a Recovered Organic Waste Product that the Jurisdiction may procure to comply with SB 1703 1383 Regulations (14 CCR Division 7, Chapter 12, Article 12), the Jurisdiction must have 1704 an enforceable ordinance, or similarly enforceable mechanism, that requires the mulch to 1705 meet certain standards, pursuant to 14 CCR Section 18993.1(f)(4). Note that CalRecycle 1706 developed a separate Model Procurement Policy as a tool for Jurisdictions. Refer to the 1707 Additional CalRecycle Resources section in the Guidance section of this Model for a link 1708 to the Model Procurement Policy. 1709
(a) Jurisdiction departments, and direct service providers to the Jurisdiction, as 1710 applicable, must comply with the Jurisdiction’s Recovered Organic Waste Product 1711 procurement policy adopted on __________ and Recycled-Content Paper 1712 procurement policy adopted on ________ (Jurisdiction to amend the title(s) of the 1713 “procurement policy(ies)” to reflect their title and insert date in the blank). 1714 Guidance: In this Model Ordinance, it is anticipated that Jurisdictions will adopt a 1715 Recovered Organic Waste Product procurement policy and Recycled-Content 1716 Paper procurement policy (or amend existing one(s)) to incorporate procurement 1717 requirements required by SB 1383 Regulations (14 CCR, Division 7, Chapter 12, 1718 Article 12). The purpose of this statement is to identify the requirement for all 1719 279

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Jurisdiction’s departments and direct service providers, if applicable, to comply 1720 with the policy(ies) and ensure the policy(ies) is(are) enforceable. 1721 (b) All vendors providing Paper Products and Printing and Writing Paper shall: 1722 Guidance: This Section 15(b) presents Recycled-Content Paper requirements for 1723 Jurisdiction’s vendors to support Jurisdiction’s compliance with SB 1383 1724 Regulations (14 CCR Section 18993.3). Jurisdiction may choose to use less 1725 specific language here and instead require vendors supplying Paper Products and 1726 Printing and Writing Paper to comply with the Jurisdiction’s procurement policy, if 1727 such policy is adopted prior to or at the same time as this ordinance. If Jurisdiction 1728 already has a procurement policy, it may need to be updated to address the 1729 Recycled-Content Paper procurement requirements and to address Recovered 1730 Organic Waste Product procurement. 1731
Section 22150 of the Public Contracts Code requires local governments to 1732 purchase recycled products instead of non-recycled products whenever recycled 1733 products are available at the same or a lesser total cost than non-recycled items, 1734 if fitness and quality are equal. Under SB 1383 Regulations (14 CCR Section 1735 18993.3), Jurisdictions are not prohibited from either using a price preference 1736 (usually 5 to 10 percent) for Recycled-Content Paper or requiring Recycled-1737 Content Paper regardless of price. The options are presented below for 1738 consideration. 1739
(1) If fitness and quality are equal, provide Recycled-Content Paper Products 1740 and Recycled-Content Printing and Writing Paper that consists of at least 1741 30 percent, by fiber weight, postconsumer fiber instead of non-recycled 1742 products whenever recycled Paper Products and Printing and Writing Paper 1743 are available at the same or lesser total cost than non-recycled items or at 1744 a total cost of no more than ___% of the total cost for non-recycled items. 1745 Guidance: The procurement requirements specified here are consistent 1746 with the Public Resources Code Section 22150 with the exception of the 1747 blue highlighted text. Jurisdiction that do not want to include any pricing 1748 preference for Recycled-Content Paper should delete the blue highlighted 1749 text. Jurisdictions that want to establish a pricing preference for purchase 1750 of Recycled-Content Paper shall retain the blue highlighted text and insert 1751 a percentage amount. 1752
(2) Provide Paper Products and Printing and Writing Paper that meet Federal 1753 Trade Commission recyclability standard as defined in 16 Code of Federal 1754 Regulations (CFR) Section 260.12. 1755
(3) Certify in writing, under penalty of perjury, the minimum percentage of 1756 postconsumer material in the Paper Products and Printing and Writing 1757 Paper offered or sold to the Jurisdiction. This certification requirement may 1758 be waived if the percentage of postconsumer material in the Paper 1759 280

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Products, Printing and Writing Paper, or both can be verified by a product 1760 label, catalog, invoice, or a manufacturer or vendor internet website. 1761 (4) Certify in writing, on invoices or receipts provided, that the Paper Products 1762 and Printing and Writing Paper offered or sold to the Jurisdiction is eligible 1763 to be labeled with an unqualified recyclable label as defined in 16 Code of 1764 Federal Regulations (CFR) Section 260.12 (2013). 1765
(5) Provide records to the Jurisdiction’s Recovered Organic Waste Product 1766 procurement recordkeeping Designee, in accordance with the Jurisdiction’s 1767 Recycled-Content Paper procurement policy(ies) of all Paper Products and 1768 Printing and Writing Paper purchases within thirty (30) days of the purchase 1769 (both recycled-content and non-recycled content, if any is purchased) made 1770 by any division or department or employee of the Jurisdiction. Records shall 1771 include a copy (electronic or paper) of the invoice or other documentation 1772 of purchase, written certifications as required in Sections 15(b)(3) and 1773 15(b)(4) of this ordinance for recycled-content purchases, purchaser name, 1774 quantity purchased, date purchased, and recycled content (including 1775 products that contain none), and if non-recycled content Paper Products or 1776 Printing and Writing Papers are provided, include a description of why 1777 Recycled-Content Paper Products or Printing and Writing Papers were not 1778 provided. 1779
SECTION 16. INSPECTIONS AND INVESTIGATIONS BY JURISDICTION 1780 Guidance: SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Article 14) require 1781 Jurisdictions to inspect regulated entities for compliance and to take Enforcement Action 1782 against non-compliant entities including generators, Tier One and Tier Two Commercial 1783 Edible Food Generators, Food Recovery Organizations, Food Recovery Services, 1784 haulers, and Self-Haulers. This Section 16 provides example ordinance language to 1785 provide the Jurisdiction the right to conduct Inspections and investigations. Section 17 1786 addresses enforcement. This Model language presents a simple approach to establishing 1787 the right to inspect or investigate. Some Jurisdictions may want to expand on this to 1788 include more specificity, including more specific identification of who has the authority to 1789 inspect, what entities may be inspected or investigated, and the protocols for such 1790 Inspections and investigations. Note that for Jurisdictions using the Performance-Based 1791 Compliance Approach, their Inspection and enforcement obligations under SB 1383 1792 Regulations are limited to Tier One and Tier Two Commercial Edible Food Generators, 1793 Food Recovery Organizations, Food Recovery Services, as specified in 14 CCR Sections 1794 18998.2(a)(8) through 18998.2(a)(11). 1795
(a) Jurisdiction representatives and/or its designated entity, including Designees are 1796 authorized to conduct Inspections and investigations, at random or otherwise, of 1797 any collection container, collection vehicle loads, or transfer, processing, or 1798 disposal facility for materials collected from generators, or Source Separated 1799 materials to confirm compliance with this ordinance by Organic Waste Generators, 1800 281

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Commercial Businesses (including Multi-Family Residential Dwellings), property 1801 owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food 1802 Recovery Services, and Food Recovery Organizations, subject to applicable laws. 1803 This Section does not allow Jurisdiction to enter the interior of a private residential 1804 property for Inspection. For the purposes of inspecting Commercial Business 1805 containers for compliance with Section 6(b) or 7(b) of this ordinance, Jurisdiction 1806 may conduct container Inspections for Prohibited Container Contaminants using 1807 Remote Monitoring, and Commercial Businesses shall accommodate and 1808 cooperate with the Remote Monitoring pursuant to Section 6(k) or 7(k) of this 1809 ordinance. (Optional) Guidance: The Remote Monitoring addressed in the 1810 preceding sentence is not required by the SB 1383 Regulations. Jurisdictions may 1811 include this if they choose to use a Remote Monitoring system to monitor for 1812 Prohibited Container Contaminants to support their compliance with 14 CCR 1813 Section 18984.5, Container Contamination minimization requirements. 1814 (b) Regulated entity shall provide or arrange for access during all Inspections (with the 1815 exception of residential property interiors) and shall cooperate with the 1816 Jurisdiction’s employee or its designated entity/Designee during such Inspections 1817 and investigations. Such Inspections and investigations may include confirmation 1818 of proper placement of materials in containers, Edible Food Recovery activities, 1819 records, or any other requirement of this ordinance described herein. Failure to 1820 provide or arrange for: (i) access to an entity’s premises; (ii) installation and 1821 operation of Remote Monitoring equipment (optional); or (ii) access to records for 1822 any Inspection or investigation is a violation of this ordinance and may result in 1823 penalties described. 1824
(c) Any records obtained by a Jurisdiction during its Inspections, Remote Monitoring, 1825 and other reviews shall be subject to the requirements and applicable disclosure 1826 exemptions of the Public Records Act as set forth in Government Code Section 1827 6250 et seq. 1828
(d) Jurisdiction representatives, its designated entity, and/or Designee are authorized 1829 to conduct any Inspections, Remote Monitoring, or other investigations as 1830 reasonably necessary to further the goals of this ordinance, subject to applicable 1831 laws. 1832
(e) Jurisdiction shall receive written complaints from persons regarding an entity that 1833 may be potentially non-compliant with SB 1383 Regulations, including receipt of 1834 anonymous complaints. Guidance: Jurisdiction shall develop a method to accept 1835 anonymous complaints and require that all complaints be made in writing with 1836 specified information. See SB 1383 Regulations (14 CCR Section 18995.3) for 1837 more guidance. 1838
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SECTION 17. ENFORCEMENT 1839
Guidance: SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Articles 14 and 16) 1840 specify Jurisdiction’s requirements for enforcement and assessment of administrative civil 1841 penalties, respectively. Section 17 provides example language to support the 1842 enforcement process and assessment of penalties. Jurisdictions will need to make sure 1843 that the enforcement language in their ordinance conforms with their own enforcement 1844 procedures. Jurisdictions will need to modify the enforcement language to match their 1845 current and desired enforcement procedures. In addition, Jurisdictions may want to 1846 provide enforcement procedures and requirements stricter than those specified in the SB 1847 1383 Regulations at its option. 1848
(a) Violation of any provision of this ordinance shall constitute grounds for issuance of 1849 a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement 1850 Official or representative. Enforcement Actions under this ordinance are issuance 1851 of an administrative citation and assessment of a fine. The Jurisdiction’s 1852 procedures on imposition of administrative fines are hereby incorporated in their 1853 entirety, as modified from time to time, and shall govern the imposition, 1854 enforcement, collection, and review of administrative citations issued to enforce 1855 this ordinance and any rule or regulation adopted pursuant to this ordinance, 1856 except as otherwise indicated in this ordinance. 1857 (b) Other remedies allowed by law may be used, including civil action or prosecution 1858 as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California 1859 courts to seek recovery of unpaid administrative citations. Jurisdiction may choose 1860 to delay court action until such time as a sufficiently large number of violations, or 1861 cumulative size of violations exist such that court action is a reasonable use of 1862 Jurisdiction staff and resources. 1863
(c) Responsible Entity for Enforcement 1864
(1) Enforcement pursuant to this ordinance may be undertaken by the 1865 Jurisdiction Enforcement Official, which may be the city manager or their 1866 designated entity, legal counsel, or combination thereof. 1867 (2) Enforcement may also be undertaken by a Regional or County Agency 1868 Enforcement Official, designated by the Jurisdiction, in consultation with 1869 Jurisdiction Enforcement Official. 1870
(A) Jurisdiction Enforcement Official(s) (and Regional or County Agency 1871 Enforcement Official, if using) will interpret ordinance; determine the 1872 applicability of waivers, if violation(s) have occurred; implement 1873 Enforcement Actions; and, determine if compliance standards are 1874 met. 1875
(B) Jurisdiction Enforcement Official(s) (and Regional or County Agency 1876 Enforcement Official, if using) may issue Notices of Violation(s). 1877 283

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Guidance: Include Section 17(c)(2) above if Jurisdiction intends to delegate 1878 enforcement responsibilities to a Regional Agency, County, or joint powers 1879 authority. Regional or County Agency Enforcement Officials may include 1880 environmental health director or Designee; executive director of Regional 1881 Agency or joint powers authority or Designee; or county administrator or 1882 Designee. 1883
(d) Process for Enforcement 1884
(1) Jurisdiction Enforcement Officials or Regional or County Enforcement 1885 Officials and/or their Designee will monitor compliance with the ordinance 1886 randomly and through Compliance Reviews, Route Reviews, investigation 1887 of complaints, and an Inspection program (that may include Remote 1888 Monitoring). Section 16 establishes Jurisdiction’s right to conduct 1889 Inspections and investigations. 1890
(2) Jurisdiction may issue an official notification to notify regulated entities of its 1891 obligations under the ordinance. 1892
(3) For Jurisdictions assessing contamination processing fees/penalties. For 1893 incidences of Prohibited Container Contaminants found in containers, 1894 Jurisdiction will issue a Notice of Violation to any generator found to have 1895 Prohibited Container Contaminants in a container. Such notice will be 1896 provided via a cart tag or other communication immediately upon 1897 identification of the Prohibited Container Contaminants or within ___ days 1898 after determining that a violation has occurred. If the Jurisdiction observes 1899 Prohibited Container Contaminants in a generator’s containers on more 1900 than ___ (_) consecutive occasion(s), the Jurisdiction may assess 1901 contamination processing fees or contamination penalties on the generator. 1902 Guidance: Jurisdiction to include this provision if it chooses to assess 1903 contamination penalties or contamination processing fees for additional 1904 costs of processing Contaminated Containers; otherwise Jurisdictions 1905 should delete provision. Notwithstanding the Jurisdiction enforcement 1906 requirements in SB 1383 Regulations (14 CCR Section 18995.1), do not 1907 require Jurisdictions to impose administrative civil penalties on generators 1908 for violation of Prohibited Container Contaminants requirements. If 1909 choosing to include these optional fees, Jurisdictions should modify this 1910 Section to specify the conditions and procedure for issuance of the fees. 1911 For example, a fee could be assessed per instance of contamination or 1912 could be assessed after certain number of consecutive instances. For 1913 Jurisdictions choosing not to assess contamination processing fees or 1914 contamination penalties, delete Section 17(d)(3). 1915
(4) With the exception of violations of generator contamination of container 1916 contents addressed under Section 17(d)(3), Jurisdiction shall issue a Notice 1917 of Violation requiring compliance within 60 days of issuance of the notice. 1918 284

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(5) Absent compliance by the respondent within the deadline set forth in the 1919 Notice of Violation, Jurisdiction shall commence an action to impose 1920 penalties, via an administrative citation and fine, pursuant to the 1921 Jurisdiction’s _____ policy/ordinance/guidelines or requirements contained 1922 in Section 17(k), Table 1, List of Violations. Guidance: Note that the 1923 Jurisdiction shall amend the text in blue highlighting to identify its 1924 policy/ordinance/guidelines related to assessment of penalties or the 1925 penalty amounts and/or should refer to Table 1 if it has chosen to include 1926 Table 1 in its ordinance. 1927
Notices shall be sent to “owner” at the official address of the owner 1928 maintained by the tax collector for the Jurisdiction or if no such address is 1929 available, to the owner at the address of the dwelling or Commercial 1930 property or to the party responsible for paying for the collection services, 1931 depending upon available information 1932
(e) Penalty Amounts for Types of Violations 1933
Guidance: SB 1383 Regulations (14 CCR Section 18997.2) require assessment of 1934 penalties with minimum penalty levels consistent with the applicable requirements 1935 prescribed in Government Code Sections 53069.4, 25132, and 36900. 1936 Jurisdictions may choose to use the ranges of penalties included in the 1937 Government Code Section and listed below, or may choose to amend the penalty 1938 amounts shown below to establish a specific penalty level (rather than a range) for 1939 each violation type. Jurisdictions that choose to pick a specific penalty amount 1940 must select an amount that is somewhere in the range or higher than the amounts 1941 shown below, but no lower than the lowest value for each range listed below, and 1942 consistent with the ranges listed in Sections 53069.4, 25132, and 36900 of the 1943 Government Code. Jurisdictions should indicate if these penalties are consistent 1944 or different than administrative penalties in Jurisdiction’s code. 1945 The penalty levels are as follows: 1946
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per 1947 violation. 1948
(2) For a second violation, the amount of the base penalty shall be $100 to 1949 $200 per violation. 1950
(3) For a third or subsequent violation, the amount of the base penalty shall be 1951 $250 to $500 per violation. 1952
(f) Factors Considered in Determining Penalty Amount 1953 Guidance: Jurisdictions may consider including this Section if the penalty amounts 1954 are defined as a range (rather than a specific penalty amount). Note that the factors 1955 listed below are the factors that will be used by CalRecycle to determine penalties 1956 against Jurisdictions and other regulated entities, rather than Jurisdictions against 1957 285

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generators, and have been included here for example purposes. Jurisdictions may 1958 consider including these factors, but this is not required. Jurisdictions should 1959 customize this Section, if including, to list relevant factors or reference other 1960 sections of their municipal/county code if similar provisions already exist. 1961 The following factors shall be used to determine the amount of the penalty for each 1962 violation within the appropriate penalty amount range: 1963 (1) The nature, circumstances, and severity of the violation(s). 1964 (2) The violator’s ability to pay. 1965
(3) The willfulness of the violator's misconduct. 1966
(4) Whether the violator took measures to avoid or mitigate violations of this 1967 chapter. 1968
(5) Evidence of any economic benefit resulting from the violation(s). 1969 (6) The deterrent effect of the penalty on the violator. 1970 (7) Whether the violation(s) were due to conditions outside the control of the 1971 violator. 1972
(g) Compliance Deadline Extension Considerations 1973
The Jurisdiction may extend the compliance deadlines set forth in a Notice of 1974 Violation issued in accordance with Section 17 if it finds that there are extenuating 1975 circumstances beyond the control of the respondent that make compliance within 1976 the deadlines impracticable, including the following: 1977 (1) Acts of God such as earthquakes, wildfires, flooding, and other 1978 emergencies or natural disasters; 1979
(2) Delays in obtaining discretionary permits or other government agency 1980 approvals; or, 1981
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food 1982 Recovery capacity and the Jurisdiction is under a corrective action plan with 1983 CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. 1984 (h) Appeals Process 1985
Persons receiving an administrative citation containing a penalty for an 1986 uncorrected violation may request a hearing to appeal the citation. A hearing will 1987 be held only if it is requested within the time prescribed and consistent with 1988 Jurisdiction’s procedures in the Jurisdiction’s codes for appeals of administrative 1989 citations. Evidence may be presented at the hearing. The Jurisdiction will appoint 1990 286

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a hearing officer who shall conduct the hearing and issue a final written order. 1991 Guidance: Jurisdiction shall select an employee or Designee to act as hearing 1992 officer who is different from their enforcement official. 1993 (i) Education Period for Non-Compliance 1994
Beginning January 1, 2022 and through December 31, 2023, Jurisdiction will 1995 conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, 1996 and Compliance Reviews, depending upon the type of regulated entity, to 1997 determine compliance, and if Jurisdiction determines that Organic Waste 1998 Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, 1999 Food Recovery Organization, Food Recovery Service, or other entity is not in 2000 compliance, it shall provide educational materials to the entity describing its 2001 obligations under this ordinance and a notice that compliance is required by 2002 January 1, 2022, and that violations may be subject to administrative civil penalties 2003 starting on January 1, 2024. Guidance: Jurisdictions may initiate the education 2004 period prior to January 1, 2022, but no later than that date pursuant to SB 1383 2005 Regulations (14 CCR Section 18995.1(a)(4)). 2006
(j) Civil Penalties for Non-Compliance 2007
Beginning January 1, 2024, if the Jurisdiction determines that an Organic Waste 2008 Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food 2009 Generator, Food Recovery Organization, Food Recovery Service, or other entity 2010 is not in compliance with this ordinance, it shall document the noncompliance or 2011 violation, issue a Notice of Violation, and take Enforcement Action pursuant to 2012 Section 17, as needed. Guidance: 14 CCR Section 18995.4(a)(1) requires that 2013 Jurisdictions initiate Enforcement Actions no later than January 1, 2024. 2014 Jurisdiction may consider having penalties start earlier than January 1, 2024. If 2015 so, it shall amend the dates in Sections 17(i) and 17(j) above to fit its 2016 commencement date for enforcement. 2017
(k) Enforcement Table 2018
Guidance: While Jurisdictions are required to take Enforcement Actions against 2019 regulated entities, Jurisdictions are not required to include an enforcement table in 2020 their ordinance. The following table is provided as an informational tool to highlight 2021 the primary requirements that a Jurisdiction may choose to include in an 2022 enforcement table, based on the Model Ordinance requirements. If a Jurisdiction 2023 includes such an enforcement table in their ordinance, they may choose to include 2024 more items or delete items from the table depending upon the specifics of their 2025 final ordinance and their enforcement program. 2026
Items in Table 1 below requiring enforcement by Jurisdictions using Performance-2027 Based Compliance Approach are indicated in the table with an asterisk (). 2028 Jurisdictions using the Performance-Based Compliance Approach should modify 2029 the table to include only non-compliance items it plans to enforce. 2030 287

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Jurisdictions using a one-container collection service shall include all items except 2031 Organic Waste Generator and Commercial Business requirements. 2032 Table 1. List of Violations (Optional) 2033
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
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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.
 Required for Jurisdictions using a Performance-Based Compliance Approach. Items 2034 not marked with an  are not required for Jurisdictions using a Performance-Based 2035 Compliance Approach. All items in the table are applicable to Jurisdictions using a 2036 Standard Compliance Approach. 2037
2038
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SECTION 18. EFFECTIVE DATE 2039
This ordinance shall be effective commencing on ___________________. (Jurisdiction 2040 to insert date of effectiveness.) 2041
Guidance: SB 1383 Regulations (14 CCR Section 18981.2(a)) require that an ordinance 2042 or other enforceable mechanism be in place no later than January 1, 2022. Jurisdiction is 2043 to determine whether to make this ordinance effective prior to January 1, 2022 to allow 2044 entities additional time to come into compliance with SB 1383 Regulations through 2045 outreach and education efforts provided by Jurisdiction, prior to Inspections, etc. 2046 Jurisdiction is required to provide education by February 1, 2022 at the latest, but six 2047 months or a year sooner for both education and effective date would give regulated 2048 entities more time to understand and comply, prior to Inspections beginning. 2049 290
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0319 Agenda Date: 9/19/2022 Agenda #: 1.

Agenda Item Wording:

Public hearing and approval of the 2021-22 Program Year Consolidated Annual Performance and Evaluation Report (CAPER). Resolution No. 2022-55.

Deadline for Action: 9/19/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Margie Perez, Housing Specialist (559) 713-4460, [email protected] <mailto:[email protected]>; Melody Murch Assistant Finance Director, (559) 713-4379, [email protected] <mailto:[email protected]>; Renee Nagel, Finance Director, (559) 713-4375, [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends that the City Council:

1. Hold a public hearing to receive public comments on the Program Year 2021-22 draft CAPER; and

2. Approve the submission of the Program Year 2021-22 CAPER, Resolution No. 2022-55.

Background Discussion:

The Consolidated Annual Performance and Evaluation Report (CAPER) is a report of actual expenditures and accomplishments for the Program Year (PY) 2021-22 and is presented in a format prescribed by HUD. The CAPER report must be submitted to the U.S. Department of Housing and Urban Development (HUD) by or before September 30, 2022. Annually, the City is required to prepare and approve the CAPER through the adoption of a resolution as shown in Attachment A:

Resolution No. 2022-55. This report is submitted to HUD to summarize and evaluate the City’s overall progress and performance for the period covering July 1, 2021, through June 30, 2022. The programs being reported were approved in the City’s 5-year Consolidated Plan for the program years 2020-21 through 2024-25, referred to as the “ConPlan”. Each ConPlan year has an Action Plan. The current 5-year ConPlan was approved by Council on April 20, 2020, and the 2021-22 Action Plan was approved by Council on April 19, 2021.

The CAPER is prepared in compliance with HUD requirements for the use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Funding. The funds must be directed toward projects and programs primarily benefitting low-and moderate-income persons, households, and/or areas. The full draft CAPER report is included herein as Attachment B:

Draft 2021-22 CAPER. The Program year 2021-22 Annual Action Plan focused on affordable housing activities, neighborhood preservation through Code Enforcement, public services, and CDBG CARES Act (CDBG-CV) funds. Detailed Program Year 2021-22 expenditures and accomplishments are included herein as Attachment C: 2021-22 CAPER Tables. An overview of the PY 2021-22 CDBG and HOME resources and expenditures is shown below in Table 1: 2021-22 CDBG & HOME Visalia City Council Printed on 9/16/2022Page 1 of 4
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File #: 22-0319 Agenda Date: 9/19/2022 Agenda #: 1.

Resources and Expenditures. *The figures below are estimated amounts, as final year-end administration overhead adjustments are pending through September 30th. Final figures will be reflected in the final CAPER report. Carryover funds have been committed to projects as part of the 2022-23 Action Plan and prior year amendment process approved by Council on April 18, 2022 and are not available to appropriate.

HOME 2021-22 Expenditures and Accomplishments Include:
· HOME Administration and Planning ($149,880) - 2021 HOME administration. *This is an estimated amount, as final year-end adjustments are still pending through September 30th. · HOME-ARP Administration ($3,888) - 2021 HOME Investment Partnerships American Rescue Plan Program (HOME-ARP) administration.
· Family Services of Tulare County - Tenant-Based Rental Assistance (TBRA) ($24,503) - The TBRA program assisted four (4) previously homeless households with rental subsidy payments for the program year. Case Management services were also provided to tenants through the City’s Successor Agency Housing funds in the amount $40,081. · The Lofts Project ($1,148,735) - The Lofts Project is the development of an 80-unit mixed- use complex. This project will provide 4 ground floor artist lofts with the remaining rental units to be 1- and 2-bedroom apartments for qualifying individuals and families. The project will also have a unit devoted to an on-site manager and includes commercial space. The commercial space will offer a new home for the Arts Consortium and will allow for various community and resident services and events. The Lofts Project includes 3,500 square feet on the ground floor for an Art Gallery and Community Room where a wide variety of resident services will be provided.
· The Sequoia Village Project ($1,069,101) - The Sequoia Village Project is the conversion of a 50-unit motel to provide permanent affordable rental housing for homeless or at risk of homelessness individuals. The project will have an on-site manager and supportive services to ensure tenant’s long-term stability.

CDBG 2021-22 Expenditures and Accomplishments Include:
· CDBG Administration and Planning ($222,120) - FY 2021 CDBG administration. *This is an estimated amount, as final year-end adjustments are still pending through September 30th. · Public Services:
o Kings Tulare Homeless Alliance Continuum of Care (CoC) ($18,075) - The CoC Visalia City Council Printed on 9/16/2022Page 2 of 4
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conducted the annual Point in Time (PIT) Count in January 2022. The 2022 PIT count is 469 homeless individuals in the City of Visalia. The prior 2020 PIT count was 540 homeless individuals in the City of Visalia. This was first PIT count done not in conjunction with a Project Homeless Connect (PHC) event due to the Coronavirus Pandemic. This year’s PIT count was done simply with street canvassing. As a result, it is believed that the report totals are lower than if a PHC event would have been held to encourage homeless individuals to participate in the PIT count. o Permanent Supportive Housing (PSH) Voucher Program ($44,534) - Family Services of Tulare County provided 10 chronically homeless persons that are receiving PSH vouchers with case management, home visits, counseling referrals, life skills training, transportation, food delivery, hygiene products, and furniture assistance to maintain a life of stability.
o Kings View PATH Program ($25,000) - Kings View PATH Program assisted 31 homeless individuals with essential supportive services, such as, security deposits, rental application fees, utility deposits, legal document assistance, motel vouchers, meal vouchers, transportation assistance, and clothing assistance. Kings View assisted 13 homeless individuals in obtaining housing.
o United Way of Tulare County ($50,000) - United Way assisted 34 unduplicated households which provided 17 households with rental assistance, 10 with mortgage assistance, and 14 with utility assistance to low-moderate income households. All funds provided were fully exhausted within 5 months.
· Home Repairs:
o Habitat for Humanity ($29,312) - Habitat for Humanity assisted 6 low-to-moderate- income owner-occupied households with minor home repairs, such as, ADA wheelchair installation, ADA bar rail installations, electrical repairs, energy efficiency upgrades, window repairs/replacements, weatherization installation, and floor repairs. This program’s maximum client assistance was $5,000 per household. o Self-Help Enterprises Senior Mobile Home Repair Program (SMHRP) ($72,805) - Self-Help Enterprises assisted 5 low-income senior and/or disabled mobile homeowners with ADA improvements, roof, electrical, floor, and plumbing repairs, window repair/replacement, and energy efficiency upgrades. This program’s maximum client assistance was $11,500 per household.
· Code Enforcement:
o Code Enforcement ($178,489) - The 2021 CDBG Code Enforcement program issued 158 housing violations, and 123 housing code violations were corrected in CDBG target areas. CDBG Code Enforcement provided enforcement services in deteriorating or deteriorated areas with public or private improvements. No funding is provided to mitigation, only staff time and equipment for staff.
· Public Infrastructure Improvements:
o ADA Improvements ($9,432) - CDBG ADA improvements for PY 2021 included the Visalia City Council Printed on 9/16/2022Page 3 of 4
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installation of traffic signal ADA audible pedestrian push button signals per the Disability Advocacy Committee’s (DAC) public input request in 2020 prior to its disbandment and to assist visually impaired citizens. This project installed these improvements at 6 intersections on Santa Fe from Murray Avenue to E. Nobile Avenue. The total project was budgeted at $100,000 and $9,432 of this amount was expensed prior to June 30, 2022, as construction began. Therefore, the remaining
project expenses will be included in the PY 2022 CAPER.

As required by HUD, a minimal 15-day public comment period was conducted for the PY 2021 CAPER. The public comment period was from September 1, 2022, through September 19, 2022. An English and Spanish public notice was posted in the Visalia Times Delta on September 1, 2022, and published on City social media outlets, the Kings Tulare Homeless Alliance listserv, and the City website during the public comment period. The draft PY 2021 CAPER was also presented at the Citizen’s Advisory Committee on September 7, 2022. All comments received during the public comment period and public hearing will be included in the final report to HUD and made available for public review on the City’s website.

Fiscal Impact:

N/A
Prior Council Action: Each year, the City Council reviews and approves the Annual Action Plan, and any proposed amendments, and the CAPER. The 2020-24 Consolidated Plan was approved by City Council on April 20, 2020, and the 2021-22 Annual Action Plan was approved by City Council on April 19, 2021.

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

I move to adopt Resolution No. 2022-55, approving the Program Year 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER).

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Click or tap here to enter text.
· Attachment A - Resolution No. 2022-55
· Attachment B - 2021-22 Draft CAPER
· Attachment C - 2021-22 CAPER Expenditures and Accomplishments · Attachment D - 2021-22 CAPER PowerPoint
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RESOLUTION NO. 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING THE PROGRAM YEAR 2021-2022

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUTION REPORT
WHEREAS, the City of Visalia operated the Community Development Block Grant Program (CDBG), and the Home Investment Partnerships Grant Program (HOME) for the Program Year 2021-22; and
WHEREAS, the City is required to submit a Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD) for the activiti es and expenditures for the Program Year 2021-22; and
WHEREAS, the City must also certify that it is complying with HUD requirements for the use of CDBG and HOME funds; and
WHEREAS, the City spent approximately $649,766 dollars in CDBG, and $2,396,107 dollars in HOME funds during the Program Year 2021-22; 100% of the funds were used to assist households with incomes at or below 80% of area median income; and
WHEREAS, the City Council considered the CAPER at a p ublicly noticed public hearing held on September 19th, 202 2, and the City Council considered all public comments provided during the public review period and at the public hearing; and WHEREAS, the City Manager is the certifying official for all HUD report s and transactions.

NOW, THEREFORE, BE IT RESOLV ED, by the City Council of the City of Visalia th at it approves the attached Program Year 2021-22 Consolidated Annual Performance and Evaluation Report and authorizes the City Manager to submit the same to HUD on behalf of the City of Visalia.

PASSED AND ADOPTED: September 19, 2022 LESLIE CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoin g is the full and true Resolution 2022-__ passed and adopted by the Council of the City of Visalia at a regular meeting held on September 19, 2022.

Dated: September 19, 2022 LESLIE CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk
295

2021-22
DRAFT
CAPER
Consolidated Annual
Performance and
Evaluation Report
City of Visalia
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City of Visalia 2021-22 Draft CAPER Page 2

Table of Contents

CR-05 - Goals and Outcomes .................................................................................................................... 4 CR-10 - Racial and Ethnic composition of families assisted ...................................................................... 8 CR-15 - Resources and Investments 91.520(a) ......................................................................................... 9 CR-20 - Affordable Housing 91.520(b) .................................................................................................... 16 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ................................ 18 CR-30 - Public Housing 91.220(h); 91.320(j) ........................................................................................... 22 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) .................................................................................... 23 CR-40 - Monitoring 91.220 and 91.230 ................................................................................................... 27 CR-45 - CDBG 91.520(c) .......................................................................................................................... 29 CR-50 - HOME 91.520(d) ......................................................................................................................... 30 Attachment A: Accomplishments ........................................................................................................... 32 Attachment A-1: Cover Page ............................................................................................................... 33 Attachment A-2: 2021-22 HOME & CDBG Expenditures and Accomplishments ................................ 34 Attachment A-3: City Council Staff Report ......................................................................................... 35 Attachment A-4: City Council Resolution ............................................................................................ 36 Attachment B: Citizen Participation ........................................................................................................ 37 Attachment B-1: Public Notice –English ............................................................................................. 38 Attachment B-2: Public Notice – Legal Ad .......................................................................................... 39 Attachment B-3: Public Notice Legal Ad English Certification ............................................................ 40 Attachment B-4: Public Notice- Spanish ............................................................................................. 41 Attachment B-5: Public Notice Legal Ad - Spanish .............................................................................. 42 Attachment B-6: Public Notice Legal Ad Spanish Certification ........................................................... 43 Attachment B-7: City Website – CDBG Public Notice Page................................................................. 44 Attachment B-8: Continuum of Care Listserv Post ............................................................................. 45 Attachment B-9: Citizen Participation Summary ................................................................................ 46 Attachment C: Continuum of Care Reports ............................................................................................ 47 Attachment C-1: Point in Time Survey Report ................................................................................... 48 297

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Attachment C-2: Point in Time Survey Results ................................................................................... 51 Attachment D: IDIS Reports .................................................................................................................... 55 Attachment D-1: PR-26 CDBG Financial Summary Report .................................................................. 56 Attachment D-2: PR-09 CDBG Program Income Detail Report ........................................................... 59 Attachment D-3: PR-26 CDBG Activity Summary Report .................................................................... 60 Attachment D-4: PR-02 CDBG Project Activities Report ..................................................................... 61 Attachment D-5: PR 23 CDBG Accomplishments ................................................................................ 62 Attachment D-6: PR 23 HOME Accomplishments............................................................................... 65

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CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

The Program Year (PY) 2021 Consolidated Annual Performance and Evaluation Report (CAPER) covers the period of July 1, 2021, through June 30, 2022. The CAPER provides a general assessment of the City’s progress in carrying out goals identified in the City's five-year Consolidated Plan (ConPlan) during the 2020 Fiscal Year with the use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds, provided by the U. S. Department of Housing and Urban Development (HUD), primarily to benefit Low- and Moderate-Income persons (LMI) and/or areas. The PY 2021 was the second year of the City of Visalia's five-year (2020-2024) Consolidated Plan.

For Program Year 2021, CDBG resources included $1,288,951 in grant allocation; $1,328,459 in prior year resources; and $99,914 in program income for a total of $2,717,325. The CDBG expenditures for the year were $649,766. The CDBG grant ending balance of $2,067,558 will be carried into the 2022 Annual Action Plan. Program Year 2021 CDBG accomplishments consisted of public services, the Continuum of Care support, Family Services case management for permanent supportive housing voucher clients, Kings View PATH program, United Way of Tulare County emergency rental/mortgage and utility assistance, code enforcement, planning, and administration.

For Program Year 2021, HOME resources included $507,520 in grant allocation, $1,840,059 in HOME- ARP, $2,178,714 in prior year resources, and $340,664 in program income for a total of $4,866,957. The HOME expenditures for the year were $2,396,107. The Tenant Based Rental Assistance program benefited four (4) households during Program Year 2021. HOME ending grant balance of $2,470,850 are committed to project as approved in the 2021 Annual Action Plan, which in include construction of 5-single family homes on NW 5th Ave, and the Lofts Project. Full accomplishments will be shown in Attachment “A-2”.

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
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Goal Category Source /
Amount
Indicator Unit of
Mea-
sure
Expect-
ed
Strate-
gic Plan
Actual
Strate-
gic Plan
Percent
Comp-
lete
Expect
ed
Prog-
ram Yr
Actual
Prog-
ram Yr
Percent
Comp-
lete
Address
community /
special needs
services
Homeless
Non-
Homeless
Special
Needs
CDBG:
$50,000
Public service
activities for
Low/Mod
Income
Housing
Benefit
House-
holds
Assisted
202 461 228% 30 34 113%
Address
community/
special needs
services
Homeless
Non-
Homeless
Special
Needs
CDBG:
$25,000
Homeless
Person
Overnight
Shelter
Persons
Assisted 30 34 103% 30 34 103%
Address
community/
special needs
services
Homeless
Non-
Homeless
Special
Needs
CDBG:
$0.00
Overnight/
Emergency
Shelter/
Transitional
Housing Beds
Beds 0 0 0% 0 0 0%
Address
homeless
needs
Homeless CDBG:
$18,075
Public service
activities
other than
Low/Mod
Income
Housing
Benefit
Persons
Assisted 2000 1009 50% 400 469 117%
Address
homeless
needs
Homeless CDBG:
$44,534
Public service
activities for
Low/ Mod
Income
Housing
Benefit
House-
holds
Assisted
70 47 67% 14 10 71%
Create
suitable living
environment
Affordable
Housing
CDBG:
$102,117/
HOME:
$0.00
Homeowner
Housing
Rehabilitated
House-
hold
Housing
Unit
18 13 72% 18 13 72%
Create
suitable living
environment
Affordable
Housing
CDBG:
$0.00/
HOME:
$24,503
Tenant-based
rental
assistance/
Rapid
Rehousing
House-
holds
Assisted
16 10 63% 4 4 100%
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Create
suitable living
environment
Affordable
Housing
CDBG:
$178,489/
HOME:
$0.00
Housing Code
Enforcement/
Foreclosed
Property Care
House-
hold
Housing
Unit
1000 359 36% 200 153 77%
Enhance
community
development
Non-
Housing
Community
Develop-
ment
CDBG:
$9,432
Public
Facility/
Infrastructure
Activities
other than
Low/Mod
Income
Housing
Benefit
Persons
Assisted 3000 3000 100% 3000 3000 100%
Increase
affordable
housing
Affordable
Housing
HOME:
$1,148,735
Rental units
constructed
House-
hold
Housing
Unit
11 11 100% 11 11 100%
Increase
affordable
housing
Affordable
Housing
HOME:
$1,069,101
Rental units
rehabilitated
House-
hold
Housing
Unit
50 50 100% 50 50 100%
Increase
affordable
housing
Affordable
Housing
HOME:
$0.00
Homeowner
Housing
Added
House-
hold
Housing
Unit
0 0 0% 5 0 0%
Increase
affordable
housing
Affordable
Housing
HOME:
$0.00
Direct
Financial
Assistance to
Homebuyers
House-
holds
Assisted
0 0 0% 7 0 0%
Planning &
administ-
ration
Program
administ-
ration
CDBG:
$222,120/
HOME:
$153,769
Other Other 1 1 100% 1 1 100%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date

Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

Funds were allocated in alignment with the priorities identified in the City’s five-year Consolidated Plan and Annual Action Plan. Through the development of the 2020 - 2024 ConPlan community needs 301

City of Visalia 2021-22 Draft CAPER Page 7

assessment, the City identified the following goals as "High" priority needs in the community:
• Affordable Housing
• Create Suitable Living Environment
• Address Community/Special Needs Services
• Address Homeless Needs
• Enhance Community Development
The City makes every effort to meet the priority needs of the community through the provision of many programs. During the PY 2021, the City recognized the recent developed high priorities as a result of the coronavirus pandemic. The City implemented an emergency rental/mortgage and utility assistance program to prevent evictions with United Way of Tulare County. The City also supported a case management program for chronically homeless persons receiving a permanent supportive housing voucher with Family Services of Tulare County, a homeless outreach and homeless prevention program with Kings View PATH Program. The City also implemented an Emergency Home Repair and ADA Program with Habitat for Humanity, a Senior Mobile Home Repair Program with Self-Help Enterprises, and a Code Enforcement Program with the use of CDBG funds.

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CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
Race: CDBG HOME
White 1038 14
Black or African American 71 0
Asian 19 0
American Indian or American Native 52 0
Native Hawaiian or Other Pacific Islander 6 0
Total 837 14
Ethnicity: CDBG HOME
Hispanic 533 11
Not Hispanic 653 3

Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The City and partner organizations identifies priority needs and offers eligible CDBG and HOME services to low-and moderate-income persons and/or households regardless of their race or ethnic background.

The information in CR-10 is generated by client demographics that participated in a CDBG or HOME funded program The populated data referenced above does not include low-moderate areas activities, such as, Code Enforcement Program. *Hispanic and mixed-race data is captured with white race data, then categorized appropriately under ethnicity data.

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CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal $2,717,325 $649,766
HOME public - federal $4,866,957 $2,396,107
Table 3 - Resources Made Available

Narrative
The City of Visalia’s total PY 2021 CDBG resources of $2,717,325 included:
• Grant Allocation - $1,288,951
• Prior Year Carryover - $1,328,459
• Program Income - $99,914
CDBG expenditures for 2021 were $649,766. There is a carryover of $2,067,558 in grant allocation toward projects identified in the 2022 Annual Action Plan toward the development of a Low-Barrier Navigation Center.

The City of Visalia’s total PY 2021 HOME resources of $4,866,957 included:
• Grant Allocation - $507,520
• HOME-ARP Allocation - $1,840,059
• Prior Year Carryover - $2,178,714
• Program Income - $340,664
HOME expenditures for 2021 were $2,396,107. HOME Carryover is $2,470,850 toward projects identified in the 2022 Annual Action Plan. The HOME commitment includes construction of five (5) single-family homes on NW 5th Avenue, and an 80-unit multi-family mixed use development known as the Lofts Project.

Program income is generated from repayment of First Time Homebuyer and Owner-Occupied Rehab CDBG and/or HOME loans, and recycled funds from the resell of SHE CHDO single family homes.

Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 77 72 Citywide
LMI Tracts 23 28 LMI Census Tracts
Table 4 – Identify the geographic distribution and location of investments 304

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Narrative
The City does not specifically target areas, except to identify low/mod census tract areas for the use of funding for eligible projects/programs, such as Code Enforcement Program, which lie within such areas.

Visalia Citywide: The City of Visalia (City) is in the northwestern area of the County of Tulare (County) in the Central San Joaquin Valley of California. It is the largest city in the County and is currently home to approximately 144,772 residents as per California Dept. of Finance, January 2022. This is an increase of

3.8% since January of 2021 which was estimated at 139,254 (Finance, 2022). The City covers approximately 36 square miles and is surrounded by farmland, leading the agricultural industry which is its top economic driver.

IDIS Low/Mod Census Tracts (eligible CDBG Target Areas) Low-Mod Income (LMI) concentration is defined as census tracts where at least 51% of the median household income is 80% or less than the jurisdiction as a whole. The City's PY 2021-22 CDBG boundaries are shown below in 2021 CDBG Low-Mod target area maps.

Map 1: 2021 CDBG Low-Mod Target Areas
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Map 2: HUD’s Mapping of 2021 CDBG Low-Mod Areas
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Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

CDBG and HOME allocations are leveraged through the City’s partnerships. For example, CDBG public service dollars leverage state and other federal funding for homeless grant funding obtained by local non- profit agencies through the State of California and HUD including funding through the Continuum of Care.

As it relates to the HOME Match Leveraging, all Participating Jurisdictions must contribute or match 25 cents for each dollar of HOME funds spent on affordable housing. The HOME statue provides for a reduction (50%) of the matching contribution requirement under three conditions: 1) fiscal distress; 2) severe fiscal distress, and; 3) for Presidentially declared major disasters covered under the Stafford Act.

For PY 2021, the City utilized HUD approved HOME waivers and suspensions of HOME program requirements in response to the COVID-19 pandemic. The matching requirement for PJ’s in areas covered by a major disaster declaration is reduced by 100% for FY 2020 and FY 2021. This match reduction applies to funds expended between October 1, 2019, and September 30, 2021.

Fiscal Year Summary – HOME Match

1. Excess match from prior Federal fiscal year $5,650,174.67

2. Match contributed during current Federal fiscal year $0.00

3. Total match available for current Federal fiscal year (Line 1 plus Line 2) $5,650,174.67

4. Match liability for current Federal fiscal year $0.00

5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $5,650,174.67 Table 5 – Fiscal Year Summary - HOME Match Report

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Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match

HOME TBRA
(Contract
Executed) 07/01/2021 215,747 0 0 0 0 0 215,747
Table 6 – Match Contribution for the Federal Fiscal Year

HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand at
beginning of reporting
period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end
of reporting period
$
988,396 374,078 94,570 39,810 1,267,904
Table 7 – Program Income

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Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 - Minority Business and Women Business Enterprises

Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property

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Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced
Total Minority Property Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition

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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 1 4
Number of Non-Homeless households to be
provided affordable housing units 10 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 11 6
Table 11 – Number of Households

One-Year Goal Actual
Number of households supported through
Rental Assistance 4 4
Number of households supported through
The Production of New Units 50 0
Number of households supported through
Rehab of Existing Units 15 13
Number of households supported through
Acquisition of Existing Units 0 0
Total 4 6
Table 12 – Number of Households Supported

Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

As it relates to HOME funds, under regulation 24, CFR 91.520 (b), the City provided Tenant-Based Rental Assistance to four households. During PY 2021, the Senior Mobile Home Repair Program completed 7 mobile home repairs and the Emergency Home Repair Program completed 6 home repairs. In PY 2021, the Lofts Project began construction and is expected to be completed in 2023. The Lofts Project will develop 80-unit mixed use affordable housing project. In PY 2021, the Sequoia Village Project construction also began to convert 50 motel units in to permanent supportive housing units for people with experiencing homelessness.

Discuss how these outcomes will impact future annual action plans. 311

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Due to the delays caused by the pandemic, many projects were funded in the Program Year 2021. The outcomes and challenges seen Program Year 2020 allowed for additional funding for our 2021 Annual Action Plan. As a result, the City is excited to see robust accomplishments in the upcoming Annual Action Plans. Large projects on future Annual Action Plans include a Navigation Center, 80-unit multifamily complex known as the Lofts Project, and a 50-unit permanent supportive housing complex known as the Sequoia Village Project.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 910 4
Low-income 215 0
Moderate-income 61 0
Total 1,186 4
Table 13 – Number of Households Served

Narrative Information
The data provided above includes client data from the Kings Tulare Homeless Alliance Continuum of Care, Family Services Voucher Program, Kings View Path Program, United Way of Tulare County emergency rental/mortgage and utility assistance program, and HOME TBRA clients.

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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Visalia, in partnership with the Kings/Tulare Homeless Alliance (KTHA), works diligently to address homelessness within the city. KTHA serves as the local continuum of care coor dinating efforts amongst service providers, faith -based partners, governmental agencies, and other key stakeholders.

KTHA hosts multiple monthly meetings such as the Case Management Roundtable and Community/Stakeholder meeting.

KTHA operated the Visalia Local Initiatives Navigation Center (LINC) for people experiencing homelessness each Monday at the Visalia Rescue Mission to provide emergency outreach services, wrap -around services, mental health assessments/enrollments, housing counseling, free birth cer tificates, CA ID vouchers, mainstream benefit enrollments, social security advocacy, substance abuse referrals/enrollments, veteran services, food assistance, and hygiene kits.

KTHA also coordinated the annual Point in Time (PIT) count the final week of January 2022. The 2022 PIT count resulted in 469 people experiencing homelessness, in which are 108 are chronically homeless in the City of Visalia. This year’s PIT count was extremely important since a PIT count was not done in 2021, due HUD exemption due to the Coronavirus Pandemic. This year’s PIT count was done simply street canvassing, rather than in conjunction with a Project Homeless Connect (PHC) event. 2022 is the first year since 2014 that the PIT count was not conducted in collaboration with a Project Homeless Connect (PHC) event. The City of Visalia saw a decrease of 540 individuals counted in 2020 vs 469 individuals counted in 2022. It is believed that the PIT count report totals may be lower due to simply street canvassing and not having the PIT count conducted in collaboration with a PHC event to attract homeless individuals to participate in the 2022 PIT count.

The Coordinated Entry System, operated by KTHA, includes virtually all homeless service providers within the City of Visalia. In addition to the Every Door Open approach, people experiencing homelessness can have an assessment completed by contacting 2-1-1.

Addressing the emergency shelter and transitional housing needs of homeless persons Within the City of Visalia, there are several programs that provide emergency shelter and transitional housing for people experiencing homelessness:

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Program Type Organization Name Program Name
Year-Round
Beds
ES Family Services of Tulare County Karen's House 33
ES KTHA/Tulare County HHSA COVID Hotel Visalia #1 9
ES Mental Health Systems Eden House 22
ES SSVF EHA Tulare County 16
ES RH Community Builders Sequoia Village 50
ES Visalia Rescue Mission ONG 17
ES Visalia Rescue Mission Shelter of Hope 28
ES Visalia Warming Center Visalia Warming Center 33
TH EMQ Families First Inc. Crossroads T.A.Y. Housing 10 TH Family Services of Tulare County Transitional Housing + Services 10 TH Visalia Rescue Mission House of Hope 15
TH Visalia Rescue Mission House of Restoration 26
TH Visalia Rescue Mission Women's Transitional Program 4 ES=Emergency Shelter
TH=Transitional Housing
Table 14– Homeless Program Type, Organization Name and Number of Beds The Housing Disability and Advocacy Program (HDAP) launched in July of 2018. The Housing and Disability Advocacy Program is designed to assist people who are experiencing homelessness and have a disabling condition and are likely eligible for disability b enefits apply for disability benefits while also offering housing supports. HDAP prioritizes individuals and families who are experiencing chronic homelessness or homeless and rely most heavily on government-funded services. Once approved for SSI, the individual is transitioned into permanent housing and out of the HDAP program. During FY 21/22, there were a total of 121 individuals in the HDAP program who received disability assistance and 22 clients/families assisted with housing supports in addition to disability benefits.

The Visalia Warming Center operated a low barrier seasonal shelter from 12/30/2021 to 2/28/2022. 325 unduplicated people were served during this winter. The Visalia Warming Center partnered with Tulare County Health and Human Services Agency (HHSA), and Kings/Tulare Homeless Alliance (KTHA) to provide housing assessments, mental health assistance, as well as other supports as needed. The FY 2021 Visalia Warming Center provided shelter to 4 children under 18 years old, 80 senior citizens, 63 severely disabled, and 94 new clients were entered into the Homeless Management Information System (HMIS) to begin housing placement.

In response to the COVID -19 Pandemic, KTHA, in partnership with Tulare County HHSA and other non - profits, launched the Project Roomkey (PRK) program. PRK was funded through the State of California as part of their efforts to combat COVID -19. PRK offered 62 non -congregate emergency shelter rooms to people with COVID -19 and people who are at a high risk o f contracting COVID-19 in the City of Visalia.

Wrap around services were also offered at PRK sites including case management. Kaweah Delta Healthcare District also provided on site COVID -19 testing and vaccinations. During PY 2021-22 of a PRK 314

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site, Sequoia Village began renovation of convert into a permanent supportive housing (PSH) units for people experiencing homelessness. This project will provide 50-PSH units.

Eden House is a 22-bed transitional bridge housing facility for adults who are experiencing homelessness awaiting a permanent unit in Tulare County. The project is a partnership between Mental Health Services, Self-Help Enterprise, the County of Tulare, the City of Visalia, and the City of Tulare. Mental Health Services (MHS) staff provides residents services to successfully transition them from bridge housing to permanent housing. Services include housing and supportive services, daily meals, vocation support, daily living skills training, and linkages to community resources. The program re ceives referrals from the Coordinated Entry System.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Several community partners offer local residents services which are designed to help with housing retention. Community residents can access up-to-date prevention resources by calling the local 2-1-1 line. Call center operators through 2-1-1 are able to pre-screen clients for eligibility and provide up-to- date information on program availability.

CalWorks eligible families are able to access housing assistance through the Housing Support Program and Bringing Families Home programs. These programs can assist with short term rental assistance and utility deposits for households faced with eviction.

Through a partnership between Tulare County HHSA and Uplift Families, there are 10 transitional housing beds available for youth exiting foster care. The program offers housing along with intensive wrap around services to assist participants in becoming self-sufficient.

Kaweah Delta Healthcare District has a Bridge Program that works directly with frequent users of the emergency room as well as homeless patients awaiting discharge. The Bridge team prioritizes these patients and works diligently to connect them to mainstream benefits and housing resources in an effort to minimize discharges to homelessness.

The Alliance also has an SSI/SSDI Advocacy, Outreach and Access (SOAR) program. This national project is designed to increase access to the disability income benefit programs administered by the Social Security Administration (SSA) for eligible adults who are homeless or at risk of homelessness and have a mental illness and/or a co-occurring substance use disorder. Assisting clients through SOAR results in expeditious benefit awards and additional funding through Medicaid reimbursements. Access to these benefits greatly increases housing stability and retention rates among recipients. 315

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Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City partners with the Workforce Investment Board of Tulare County (WIB) and Community Services and Employment Training, Inc. (CSET) to administer the Environmental Cleanup Opportunities (ECO) project. The ECO project provides people experiencing homelessness with employment skills while addressing a community need, by cleaning up the community.

In Level I, participants work for 12 weeks, 20-hours per week, on City of Visalia cleanup projects. After the 12 weeks are completed, ECO crew members will begin an extensive job search for regular employment. In Level II, participants gain additional skills and increased responsibilities as they work full-time for six weeks. Upon successful completion of Level II, participants will be encouraged to apply for job openings in the public and private sector.

The Alliance continues to utilize the Landlord Mitigation Fund to increase the inventory of landlords and property managers willing to lease units to people experiencing homelessness. The fund is designed to incentivize Landlords to relax screening criteria for people who are experiencing homelessness and who may have barriers that prevent them from securing housing on their own, such as poor credit and past evictions. By offering a Fund to mitigate Landlord exposure to the increased costs of renting to people experiencing homelessness including excess damage and unpaid rent, a strong relationship can be created with Landlords who otherwise may not lease to individuals and families experiencing homelessness.

The Coordinated Entry System continues to focus efforts on working with the top forty households of each intervention type on the Housing Priority List to get them document ready. This focus has reduced the amount of time that people spend on the streets waiting to be placed once a unit becomes available.

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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The Housing Authority of Tulare County (HATC) continues to own and manage 179 units in the City of Visalia. They have indicated that there are no plans to purchase additional or remove any public-housing units from their inventory. HATC’s projection is that there will be an investment of $375,000 in Tulare County Housing Authority's Capital Fund improvements. The noted expenditures will cover maintenance and rehabilitation in public-housing units within the City of Visalia. HATC's Capital Fund expenditures will cover a large range of projects, including roofing replacement, landscaping improvements, carpet replacement, and Air Conditioning and Heating unit improvements.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
HATC is proactive in the inclusion of public-housing residents in the policy making process. An equitable and transparent policy making process that includes the opinions of public housing residents is achieved through the participation of two tenant commissioners on HATC's Board. HATC has installed a Resident Counsel which is made up of five residents from all HUD funded programs (Multifamily Housing, LIHTC, HOME, Section 8 Housing Choice Vouchers, and public housing). The Resident Counsel works with HATC staff on evaluating the effectiveness and efficiency of HATC rental assistance programs. This provides members the opportunity to contribute input on necessary program modifications.

HATC provides two annual public hearings. The first is to inform and discuss their agency’s submittal of the Moving to Work (MTW) Annual Plan to HUD. This plan outlines proposed budgetary and policy modifications to their rental assistance and affordable housing programs. The second public hearing is to review and discuss the agency’s submission of its MTW Annual Report to HUD. This report analyzes the outcomes of the objectives outlined in the aforementioned MTW Annual Plan. Public notices informing Tulare County residents of the public hearings are published in the local newspaper.

HATC goal is for each tenant to promote to self-sufficiency. Client homeownership is one of the top long-term goals for all their clients. HATC staff works with tenants to provide them with the necessary resources to achieve homeownership. Their Annual Re-Examination Notice provides public-housing participants with an extensive referral list that aids with homeownership. Their list includes programs managed by: CSET, City of Visalia, Habitat for Humanity, CalHFA, and Self-Help Enterprises. HATC's program coordinator works with interested public housing tenants to effectively inform them of all the programs that are available. HATC is also part of the Tulare County Housing Resource Fair, an event that provides first time homebuyer programs.

Actions taken to provide assistance to troubled PHAs
The Housing Authority of Tulare County is not determined to be troubled. 317

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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City actively monitors its existing zoning and development standards to ensure their necessity and efficiency for achieving the goal of safe and livable housing available for all income categories.

Off-street Parking Standards: The City’s parking requirements provide for parking concessions within affordable housing developments. Parking requirements do not require enclosed or covered parking structures in multifamily housing developments, which minimizes the cost for market rate units. The City’s parking requirement for multi-family developments is 1.5 spaces per unit. This automatically applies to market rate units and is essential for that type of tenant. Single room occupancy units do not require any tenant parking, apartments for seniors require only one space per unit, and affordable housing projects can reduce the onsite parking requirements.

Building Codes: Building codes set guidelines that identify minimum standards to ensure building and non-building structures protect the health and safety of the community. Local building codes, however, often mandate that costly improvements be made to meet regulation requirements. The City adopted the 2016 California Building Code (CBC). The City has not made any amendments nor changes to the 2016 CBC. The City’s building codes prove to be in line with those of other California jurisdictions and do not have negative consequences on the development of affordable housing in the City.

The City of Visalia adopted the Housing Element for the Fiscal Years 2020 -2023 on December 3, 2019. The Housing Element was certified by the State of California, Department of Housing and Community development on January 23, 2020. The Housing Element specifically sets policies and their related programs to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing were reviewed. The Housing element includes:
• Increase permitted by right unit size from 60 to 80 units and increase height to four stories. (HE Programs 1.4 and 1.7)
• Eliminating occupant size for Supportive and Transitional housing units to be permitted by right (HE Programs 5.3 and 9.10)
• Increasing Farmworker housing units permitted by right from 6 persons to 12 units or 33 beds (HE Programs 5.9 and 5.10)
• Adding a Zoning ordinance clause that exempts structures or devices to facilitate handicapped accessibility from the Zoning Code standards (such as wheelchair ramps encroaching into required setbacks) (HE Program 5.3 and 5.8).
• Conduct a transportation analysis to ensure that existing and new high density residential zones contained in the Affordable Housing Land Inventory are optimally served by public transit and 318

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alternative transportation modes. The Visalia Long Range Transportation Plan (VLRTP) includes a narrative and map that demonstrate transit routes coincide with higher density land uses and provide connection to key employment and services areas. (HE Program 9.9) • Annual reconciliation of residential development on land listed in the Regional Housing Needs Allocation (RHNA) Sites Inventory; including mandatory requirement to either: 1) develop land at no less than the anticipated density; or 2) identify offset sites not already listed on the Sites Inventory to make up the difference in anticipated/ density (HE Programs 9.4 and 9.5) • Amended Zoning Ordinance Section 17.32.040 (Planned Mobile Home Parks) by revising the allowed density to be that of the underlying zone district, and development standards to be more in line with the single-family residential zone district. (HE Program 3.19) Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City of Visalia, in partnership with the Kings/Tulare Homeless Alliance (Alliance), has continued its work on a variety of strategies that address the needs of homeless persons in the community. The Kings/Tulare Homeless Alliance (Alliance), which serves as the local continuum of care, continues to operate under phase three of its Coordinated Entry System (CES). Virtually all homeless service providers within Visalia serve as entry points for the CES. In addition to Every Door Open approach, people experiencing homelessness can have an assessment completed by contacting 2-1-1 or directly through the outreach team.

KTHA partnered with Kaweah Delta Healthcare District, Tulare County Health and Human Services Agency, and Kings View PATH program to establish a Street Medicine program. This program was designed to connect people who are experiencing homelessness to COVID-19 testing and vaccines, medical services including prescription medication and wound care, housing support, and other wrap- around services.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) For all the City’s housing programs, applicants are informed of the danger of lead-based paint through a brochure as part of the application process. In addition, City building inspectors are alerted to signs of this hazard as they perform their substandard housing inspections. All housing owners and occupants with which the City interacts through its various programs are required to abate this hazard as a condition of assistance.

The contractor is required to utilize safe practices and obtain certification through a HUD certified lead testing agency when working with the City’s funds or its partners. The City’s partners are required to conduct lead testing, abatement and use safe practices when utilizing city resources.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The implementation of CDBG activities meeting the goals established in the 2020-2024 Consolidated 319

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Plan – Strategic Plan will help to reduce the number of poverty-level families by: Supporting activities that expand the supply of housing that is affordable to low- and moderate income households; Supporting activities that preserve the supply of decent housing that is affordable to low- and moderate- income households; Supporting a continuum of housing and public service programs to prevent and eliminate homelessness; Supporting housing preservation programs that assure low income households had a safe, decent and appropriate place to live; Support public services for low- and moderate-income residents including those with special needs and those at-risk of homelessness; and Promoting economic opportunity for low-and moderate-income residents.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) Visalia is a charter city and is managed utilizing the council-manager form of government. The five- person City Council provides policy direction to the City Manager who is responsible for administering City operations. The City Manager is appointed by the City Council to carry out policy and ensure that the entire community is being served. The City Council is the legislative body, and its members are the leaders and policy makers elected to represent the community and to concentrate on policy issues that are responsive to citizens’ needs and wishes.

The Finance Department Director oversees the administration of the day-to-day activities of the CDBG, CalHome, NSP1, HOME and Housing Fund programs. Staff works together with various City departments and with the community to develop programs and activities that address high priority needs, to improve low- and moderate-income housing opportunities and neighborhoods throughout Visalia.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City will continue to participate in monthly Alliance meetings, which are attended by various governmental departments and service providers to share information on existing programs and areas for improvement to enhance coordination and exchange knowledge of best practices to better understand and address the community’s needs, it is also used as a platform for agencies to coordinate services and to address unmet needs, ensuring that resources are leveraged and not duplicated.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) This section provides a summary of the actions taken by the City of Visalia to further fair housing and overcome the effects of any impediments identified in the City’s analysis of impediments to fair housing choice. The City of Visalia is addressing impediments as described in the Analysis of Impediments to Fair Housing Choice (AI) 2020-2024. The City of Visalia, and subrecipients of CDBG and HOME funding activities, affirmatively further fair housing.

City of Visalia Fair Housing Accomplishments:
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• Provided Tenant-Based Rental Assistance (TBRA) to low-income people experiencing homelessness.
• Provided fair housing informational flyers in English and Spanish on the City’s website. • Collaborating with Central California Fair Housing Council to conduct fair housing workshops to educate residents about fair housing rights.
• Staff attends ongoing fair housing training sessions.

The City adheres federal fair housing laws that prohibit discrimination in all aspects of housing, including the sale, rental, lease, or negation of real property. The City adheres the Fair Housing Act based on the following protected classes: race or color, religion, sex, familiar status, national origin, disability (mental or physical).
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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City utilizes AmeriNat for loan servicing. AmeriNat monitors the City’s loan portfolio on a monthly basis for conformity with loan payments, tax & insurance, and delinquencies. City staff also works closely with AmeriNat and borrowers to re-certify first time homebuyer’s ability to begin making monthly payments or determine that deferral of payments should continue for an additional term. Additionally, on a bi-annual basis, AmeriNat annually obtains an affidavit of ownership. This assists the City in maintaining participant compliance with each program.

The City has compliance monitoring guidelines for its CDBG and HOME funds with priority given to activities that benefit low- and moderate-income persons. The City is continuing its efforts of updating Policy and Procedure manuals to reflect the most recent Building Code, City Policies, Monitoring Policies and CDBG/HOME Regulations, as well as preparing detailed agreements with developers, sub-recipients and/or construction managers that outline federal regulations and performance standards.

MBE/WBE Outreach: The City of Visalia, as referenced within its purchasing policies and procedures, chapter 8, encourages all segments of society to participate by demonstrating support for small, disadvantaged and minority-owned businesses.

Fair Housing/Section 3 Compliance: The City ensures compliance with Fair Housing and best efforts with Section 3 during the process of awarding contracts to selected agencies/contractors to support low- and moderating income residents.

The City has compliance monitoring guidelines for its CDBG and HOME funds with priority given to activities that benefit low- and moderate-income persons. The monitoring process includes:
• Routine Monitoring Responsibilities by City Staff Risk Analysis Monitoring Schedule In-Depth Monitoring and Onsite Reviews Monthly/Quarterly Status Report File Review or “Desk Review” (offsite)Financial Review Site Review After completion of the onsite visit, follow up steps are completed the monitoring report must include the reasons underlying all conclusions.

CDBG includes the following Project Management tasks/monitoring:

1. Each project utilizing CDBG funds is managed by a project manager.

2. The project manager monitors the use of the funds and is the “Labor Standards Coordinator,” having responsibility for National Environmental Policy Act compliance and CDBG labor standards compliance and reporting, as well as Section 3 requirements. 322

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3. A CDBG Project Compliance Manual has been prepared and is issued to all project managers in the City.

4. Records shall be maintained from the inception of the project, documenting the compliance requirements for receiving this federal funding.

5. A separate Labor Standards Enforcement file shall be maintained.

6. A record-keeping action checklist, issued by HUD, as well as a CDBG Project Compliance Record Summary, shall be complied with.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The City ensures compliance with programs and projects by incorporating accounting principles, conducting single audits, reviewing & updating guidelines & procedures, monitoring, and following HUD requirements. The City of Visalia considers Citizen Participation an important component in improving the quality of life in our neighborhoods and encourages residents to become involved. When comments are made, a Summary of citizen comments related to the CAPER is included.

Staff also meets with the City Manager, Department Managers, and project managers to ensure progress is occurring for each project. Overall, additional meetings are held with Staff responsible for the administration of the CDBG and HOME funding to discuss the high priority needs, un-programmed PI, projects, programs, and recommended funding allocations. Community meetings are held to obtain comments, recommendations and support of ongoing, substantial amendments and new projects.

The PY 2021 CAPER public comment period was held from September 1 ,2022 through September 19, 2022. PY 2021 CAPER English and Spanish Public Notices published in the Visalia Times Delta on September 1, 2021. The draft CAPER was available to the public via the City’s Website at www.visalia.city. Additionally, the public notices were submitted to the Tulare and Kings Continuum of Care, now known as “The Alliance” to share with their listserv recipients. A community meeting is scheduled during the Citizen’s Advisory Committee on September 7, 2022, at 5:30pm. A public hearing is scheduled for September 19, 2022, at 7:00pm during a regular city council meeting. 323

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CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City continues to take a proactive approach and continually evaluates programs, projects, policies, and activities to ensure they are meeting targeted goals as well as keeping in line with current levels of funding. Based on experience, difficult and strategic recommendations are made to City Council. For example, when funding is not moving quickly, an alternate priority need project or program is recommended. Council gives the City Manager the authority to redirect funds based upon certain criteria and/or timelines. The CDBG timely expenditure ratios and HOME CHDO commitment and expenditure deadlines are monitored closely. Staff directs funding toward core programs established during the previous year and identified within the Five-Year ConPlan.

The City’s Citizens Participation Plan allows minor and technical amendments to be reviewed and authorized by the City Manager. All substantial amendments, resulting in a 75% reallocation of funding, are taken to City Council through a public hearing as well as community meetings for public input. The reallocation of funding may occur throughout the year for both CDBG and HOME and is documented by way of a memo submitted to the City Manager for review and approval.

Objectives have not changed in working toward meeting high priority needs. As a result of the needs identified through meetings with non-profit housing and service providers, City Manager and Council, HOME and CDBG funding was approved to assist in meeting the needs of Visalia’s homeless population through TBRA and Public Services.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

N/A

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CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.

The HOME and RDA Successor Agency Housing on-sight monitoring of Kimball Court (94-units), Sierra Meadows (60-units), Oak Meadows (59-units), Robinwood Court (10-units), Paradise & Court (20-units), Fairview (4-units), and Mill Creek (70-units) apartment rental projects occurred during in the Program Year 2021-2022. No findings were noted, however, there were minor repairs. Oversight monitoring occurred through building inspections, invoice reviews, annual rent approval and site visits.

The HOME TBRA program requires detailed review of applications, lease and lease addendums, income determinations and rents prior to committing funds to the eligible tenant.

HOME Monitoring will again be scheduled for Paradise & Court; Robinwood and Sierra Meadows multi- family development projects in the 2022 Program Year.

Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.

92.351(b)
The City contracted with the Fair Housing Council of Central California (FHCCC) to provide education on fair housing and conduct testing. FHCCC is also tracking the number of callers requesting information on Fair Housing, people assisted, and more.

The City, and its partners, publish the Fair Housing logo on all applications and information flyers, collect data related to applicants, and publish affordable housing programs on its website.

Additional outreach efforts include working with local lenders to promote affordable housing programs.

The City requires its partners to provide affirmative marketing plans as part of its process in providing funding.

Additionally, the City requires its partners, who provide affordable housing, to require participants of programs to attend housing counseling services. The City also partners with non-profit developers and requires that a marketing plan be submitted with proposals to affirm marketing efforts.

Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics 325

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The City Council approved the use of HOME program Income funding toward various projects and allowed 10% Program Income Administration. Projects that utilized PI, and EN, included:
• SHE CHDO Acq/Rehab single family projects, and
• Tenant Based Rental Assistance
See CR-15 which reflects the Program Income received during the year, and CR-10 (Number of HOME- assisted activities completed during the Program Year). The total of PI drawn (expended) during the year, referenced on the PR-09 report, was $1,261,583, including Program Income Administration.

SHE will be utilizing both HOME PI and EN -HOME CHDO funding toward the construction of five (5) single family dwellings on NW 5th street.

Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing).

91.320(j)
The HOME program objectives continue with promoting, maintaining, and providing affordable housing working with non-profit agencies. Specifically, the programs administered were:
• HOME Tenant Based Rental Assistance (TBRA): The TBRA program provides gap rental assistance to Visalia’s homeless population up to 24 months. • HOME SHE Acq/Rehab/Resell and Acq/Rehab/Rent Projects: The City has provided HOME-CHDO funding to its certified non-profit agency, Self Help Enterprises. Self Help will be utilizing the funds toward the construction of five (5) single family dwellings on NW 5th Street. The homes will be sold to income qualifying households.
• The Lofts Project: Construction of an 80-mixed use affordable housing complex. The project will provide 79-residential units for households at or below 60% of the area median income level, and 1-onsite manager unit.
• Sequoia Village: Conversion of a 50-unit motel into 50 permanent supportive housing units for people experiencing homelessness at or below 30% of the area median income level.

Housing Counseling is required for all housing participants. Such services are provided by HUD-certified housing counseling agencies: Community Service Employment Training, Inc. (CSET) and Self-Help Enterprises, Inc. (SHE).

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Attachment A: Accomplishments
• Attachment A-1: Cover Page
• Attachment A-2: Table 1 Expenditures and Accomplishments • Attachment A-3: City Council Staff Report
• Attachment A-4: City Council Resolution

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Attachment A-1: Cover Page

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Attachment A-2: 2021-22 HOME & CDBG Expenditures and Accomplishments

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Attachment A-3: City Council Staff Report
To be inserted.

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Attachment A-4: City Council Resolution
To be inserted.

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Attachment B: Citizen Participation
• Attachment B-1: Public Notice - English
• Attachment B-2: Public Notice – Legal Ad English
• Attachment B-3: Public Notice – Legal Ad English Certification • Attachment B-4: Public Notice – Spanish
• Attachment B-5: Public Notice – Legal Ad Spanish
• Attachment B-6: Public Notice – Legal Ad Spanish Certification • Attachment B-7: City Website – CDBG Public Notice Page • Attachment B-8: Continuum of Care Listserv Post
• Attachment B-9: Citizen Participation Summary

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Attachment B-1: Public Notice –English

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Attachment B-2: Public Notice – Legal Ad
City of Visalia
Public Notice of the Draft 2021
Consolidated Annual Performance Evaluation Report (CAPER) September 1, 2022 – September 19, 2022

Notice is hereby given that the City of Visalia is seeking input on the Draft Program Year (PY) 2021 Consolidated Annual Performance and Evaluation Report (CAPER). The PY 2021 CAPER consists of an annual assessment of the Community Development Block Grant (CDBG), and HOME Investment Partnerships Grant (HOME) funds for PY 2021. The public comment period for the PY 2021 CAPER is September 1, 2022 – September 19, 2022. The draft 2021 CAPER is available for public review on the City’s website at www.visalia.city/depts/finance/housing_n_cdbg_services/public_notices.asp.

Staff invites you to attend a community meeting and/or public hearing:
• Citizens Advisory Committee - September 7, 2021, at 5:30pm at 220 N. Santa Fe St., Visalia • Public Hearing - September 19, 2021, at 7:00pm at 707 W. Acequia Ave., Visalia If you are unable to attend, you may submit your comments in writing to Margie Perez, Housing Specialist at [email protected]. The public hearing will also be virtual live viewing at https://visalia.legistar.com/Calendar.aspx.

In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings call (559) 713-4512 48-hours in advance of the meeting. For Hearing Impaired call (559) 713- 4900 (TTY) 48-hours in advance of the scheduled meeting time to request services.

Published 9/1/22

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Attachment B-3: Public Notice Legal Ad English Certification

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Attachment B-4: Public Notice- Spanish

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Attachment B-5: Public Notice Legal Ad - Spanish
Ciudad de Visalia
Aviso público del borrador 2021
Informe Anual Consolidado de Evaluación del Desempeño (CAPER) 1 de septiembre de 2022 – 19 de septiembre de 2022

Por la presente se notifica que la ciudad de Visalia está solicitando comentarios sobre el Informe de Evaluación y Desempeño Anual Consolidado (CAPER) del año del Programa Preliminar (PY) 2021. El CAPER de PY 2021 consiste en una evaluación anual de los fondos de la Subvención en Bloque para el Desarrollo Comunitario (CDBG) y la Subvención de Asociaciones de Inversión HOME (HOME) para el PY 2021. El periodo de comentarios públicos para el CAPER de PY 2021 es del 1 de septiembre de 2022 al 19 de septiembre de 2022. El borrador del CAPER 2021 está disponible para revisión pública en el sitio web de la ciudad en www.visalia.city/depts/finance/housing_n_cdbg_services/public_notices.asp. El personal lo invita a asistir a la reunión comunitaria y/o audiencia pública:
• Comité Asesor de Ciudadanos - 7 de septiembre de 2022, a las 5:30pm en 220 N. Santa Fe St., Visalia
• Audiencia pública - 19 de septiembre de 2022, a las 7:00pm en 707 W. Acequia Ave., Visalia

Si no puede asistir, puede enviar sus comentarios por escrito a Margie Perez, Especialista en Vivienda a [email protected]. La audiencia pública también estará disponible para visualización virtual en vivo en https://visalia.legistar.com/Calendar.aspx.

De conformidad con la Ley de Discapacidades de los Estados Unidos, si necesita asistencia especial para participar en las reuniones, llame al (559) 713-4512 48 horas antes de la reunión. Para personas con problemas de audición, llame al (559) 713-4900 (TTY) 48 horas antes de la hora de reunión programada para solicitar servicios.

Publicado el 1/9/22

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Attachment B-6: Public Notice Legal Ad Spanish Certification

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Attachment B-7: City Website – CDBG Public Notice Page

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Attachment B-8: Continuum of Care Listserv Post

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Attachment B-9: Citizen Participation Summary
To be inserted.
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Attachment C: Continuum of Care Reports
• Attachment C-1: Point in Time Survey Report
• Attachment C-2: Point in Time Survey Results

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Attachment C-1: Point in Time Survey Report

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Attachment C-2: Point in Time Survey Results
City of Visalia Survey Results

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Tulare County Survey Results

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Attachment D: IDIS Reports
• Attachment D-1: PR-26 CDBG Financial Summary Report
• Attachment D-2: PR-09 CDBG Program Income Detail Report • Attachment D-3: PR-26 CDBG Activity Summary Report
• Attachment D-4: PR-02 CDBG Project Activities Report
• Attachment D-5: PR-23 CDBG Accomplishments
• Attachment D-6: PR-23 HOME Accomplishments

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Attachment D-1: PR-26 CDBG Financial Summary Report

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Attachment D-2: PR-09 CDBG Program Income Detail Report

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Attachment D-3: PR-26 CDBG Activity Summary Report

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Attachment D-4: PR-02 CDBG Project Activities Report

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Attachment D-5: PR 23 CDBG Accomplishments

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Attachment D-6: PR 23 HOME Accomplishments

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Attachment C: FY 2021-22 CAPER Draft Expenditures and Accomplishments

Table 1: FY 2021-22 CDBG Draft Expenses & Accomplishments CDBG Expenditures Expenses Accomplishments
CDBG Administration $ 222,120 N/A
Public Services:

Kings Tulare Homeless Alliance - Continuum of Care $ 18,075 PIT Count 469 Individuals Family Services - Voucher Program $ 44,534 10 Units Kings View - PATH Program $ 25,000 31 Individuals Assisted United Way - Rental/Mortgage & Utilities Assistance $ 50,000 34 Households Assisted Total Public Services $ 137,609
Affordable Housing:

Habitat for Humanity - Emergency Home Repair & ADA Program $ 29,312 6 Households SHE - Senior Mobile Home Repair Program $ 72,805 7 Households Code Enforcement $ 178,489 153 Citations/121 Corrected Total Affordable Housing $ 280,606
Public Facility Improvements:

ADA Improvements – Audible Pedestrian Traffic Signals $ 9,432 3,000 Individuals Total Public-Facility Improvements $ 9,432 Total 2021 CDBG Expenditures $ 649,766

Table 2: FY 2021-22 HOME Draft Expenses & Accomplishments HOME Expenditures Expenses Accomplishments
HOME Administration $ 149,880 N/A
HOME-ARP Administration $ 3,888 N/A
Family Services TBRA Program (Tenant Based Rental Assistance) $ 24,503 4 Units The Loft's Project $ 1,148,735 80 Units
Sequoia Village Project $ 1,069,101 50 Units
Total 2021 HOME Expenditures $ 2,396,107

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2021 Consolidated
Annual Performance &
Evaluation Report
(CAPER)

CITY COUNCIL MEETING
SEPTEMBER 19, 2022
362
CAPER
Goals identified as
High Priority in the 5-
year Consolidated Plan
Needs Assessment.

The CAPER reports

CDBG & HOME
accomplishments
7/1/21 – 6/30/22.
363
PUBLIC

COMMENT
PERIOD
Public Comment Period
•September 1 - September 19, 2022
Citizens Advisory Committee
•September 7, 2022
Public Hearing
•September 19, 2022
364
FY 2021 CDBG Resources
Annual Entitlement:
$1,288,951
Prior Years Resources:
$1,328,459
Program Income:
$99,914
Total 2021 CDBG
Resources:
$2,717,325
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FY 2021 CDBG Expenses & Accomplishments
366
CDBG
Accomplishments
• ADA AUDIBLE

PEDESTRIAN

SIGNALS
367
Future CDBG Projects
100-Bed
Navigation
Center
ADA Transit
Pathway
368
FY 2021 HOME Resources
Annual Entitlement:
$507,520
HOME-ARP:
$1,840,059
Prior Years
Resources:
$2,178,714
Program Income:
$340,664
Total 2021 HOME
Resources:
$4,866,957
369
FY 2021 HOME Expenses & Accomplishments
370
HOME
Accomplishments
• THE LOFTS PROJECT
• SEQUOIA VILLAGE
371
Future HOME Projects
5 Single-Family
Homes on NW
5th Avenue
Completion of
the Loft’s
Project
372
Questions?
• Contact Information:
• Margie Perez
• City of Visalia Housing Specialist
• Email: [email protected]
• Phone: (559) 713-4460
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0358 Agenda Date: 9/19/2022 Agenda #: 1.

Agenda Item Wording:

Upcoming City Council Meetings:

Monday, October 3, 2022 at 7:00 p.m. @ 707 W. Acequia, City Hall Monday, October 17, 2022 at 7:00 p.m. @ 707 W. Acequia, City Hall Visalia City Council Printed on 9/16/2022Page 1 of 1
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