455 W. Fir Avenue
Clovis, CA 93611-0242
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
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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 Paul Bernal, Community Development Director September 16, 2022 City of Visalia Agricultural Preservation Ordinance Page 3 of 6 \\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Visalia - Ag Mitigation Program 22-532\Working Drafts\Visalia APO Letter Propoisal_F.docx
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.
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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