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, October 3, 2022
ROLL CALL
CALL TO ORDER WORK SESSION - No Work Session Scheduled
PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.
Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
WORK SESSION AND ACTION ITEMS (as described)
ADJOURN TO CLOSED SESSION - No Closed Session Scheduled CALL TO ORDER REGULAR SESSION - 7:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEMS OF INTEREST
PUBLIC COMMENTS
1 City Council Meeting Agenda - Final October 3, 2022
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.
This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.
Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
1. Authorization to read ordinances by title only. 22-0155
2. Endorsement of Measure C bond proposed by College of the Sequoia’s on the November 8, 2022 ballot to support bringing a four-year University Center to Visalia.
22-0371
3. Request by Councilmember Greg Collins for the Council to approve adding an agenda item for discussion of building an aquatic facility. 22-0361
4. Authorize the City Manager to award the construction contract for RFB 22-23-15, Caldwell Avenue Improvements from Akers Street to Shady Street to Yarbs Grading and Paving, Inc. of Fowler, CA in the amount of $8,816,521.00 and appropriate $226,257 from the Measure R Regional Fund (133). (CIP 3010-72000/CP9485-999) 22-0353
5. Second reading and adoption of Ordinance No. 2022-12 pertaining to Change of Zone No. 2021-04: A request to change the zoning on one parcel totaling 10 acres, resulting in the removal of a R-1-20 (Single-family Residential 20,000 square foot minimum lot area) zone designation, addition to a R-1-5 (Single-family Residential 5,000 square foot minimum lot area) zone designation, and establishment of a QP (Quasi-Public) zone designation. The project site is located on one parcel situated on the west side of North Shirk Street, 300 feet south of West Pershing Court (APN:
081-030-046)
22-0360
2 City Council Meeting Agenda - Final October 3, 2022
6. Second reading and adoption of Ordinance No. 2022-13 authorizing the sale of APN 094-095-001 (410 E. Race Ave. and 606 N. Bridge St.) 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. (4/5’s vote required)
22-0356
REGULAR ITEMS AND PUBLIC HEARINGS - No Regular Items
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.
CLOSED SESSION REPORT - None
ADJOURNMENT
1. Upcoming City Council Meetings:
Wednesday, October 12, 2022 at 6:00 pm - Visalia Convention Center, 303 E. Acequia
Monday, October 17, 2022 at 7:00 pm - City Hall Council Chambers, 707 W. Acequia
22-0370
3 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0155 Agenda Date: 10/3/2022 Agenda #: 1.
Agenda Item Wording:
Authorization to read ordinances by title only.
Visalia City Council Printed on 9/30/2022Page 1 of 1
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4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0371 Agenda Date: 10/3/2022 Agenda #: 2.
Agenda Item Wording:
Endorsement of Measure C bond proposed by College of the Sequoia’s on the November 8, 2022 ballot to support bringing a four-year University Center to Visalia.
Deadline for Action: 10/3/2022
Submitting Department: Administration
Contact Name and Phone Number: Leslie B. Caviglia, 713-4317 Department Recommendation:
It is recommended that the Visalia City Council endorse the Measure C bond proposed by College of the Sequoia’s on the November 8, 2022 ballot to support bringing a four-year University Center to Visalia.
Background Discussion:
History
In the late 1990s, Tulare County and City leaders aggressively pursued the new University of California campus that ultimately was awarded to Merced. Despite good intentions on the part of community leaders to find another way to offer 4-year degrees in the region, it has not happened. As a result, Tulare County remains the second largest county in the state without a publicly funded university. And it ranks second to last in Bachelor degree attainment for those over 25 (2020 American Community Survey data). While many would like to see a full public University of California or California State University in this area, there appears to be little will at the State level to make such an investment in this area. For those that have explored such an option, the belief is that it will be decades, if ever, that such a public educational institution would be built in this area. Meanwhile, there is a high need and interest in creating higher education opportunities in this region.
College of the Sequoia has invested $2 million in bringing the Fresno State Partnership to Visalia (see below) and has now invested another $5 million in the land necessary to build the University Center just south of the current Center. While it does not direct COS directly, it will have a positive impact on many students who attend COS, and for the region as a whole.
The Integrated Teacher Education Prep (ITEP) program is a great example of a positive regional impact. Students with an AA can get a Bachelor’s degree AND credential in 2 years and be teaching as opposed to a 3-3.5-year turnaround at most CSUs. And the best part is the students do their student teaching in local schools and get hired here. Local Districts often travel to SoCal, NorCal, or even out of state to recruit. Students who have traveled to other locations to obtain their education and credential will often end up getting hired in other parts of the state where they did their student teaching. Retaining these students to be part of the local economy will help with the “brain drain” that Visalia City Council Printed on 9/30/2022Page 1 of 2
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5 File #: 22-0371 Agenda Date: 10/3/2022 Agenda #: 2.
can occur.
Fresno State Partnership
In 2017, the College provided Fresno State with a newly renovated facility on the Visalia campus in order to bring five Bachelor's and two Master's degree programs to the South Valley. This partnership has proven extremely popular with students in the region. The current program offerings include Business, Integrated Teacher Education, Nursing, Criminology, and Ag Business (Fall 2023).
Since 2017, this partnership has supported over 3,700 students. and College of the Sequoias would like to expand University access to our local community.
Current Proposal
Yes on Measure C will bring a four-year University Center to Tulare County to improve and expand access to affordable, quality education and job training right here in Visalia. It will help address several issues including lack of Bachelor degrees in the region, losing talent to other regions, attracting businesses that need more skilled employees and student debt.
The cost to property owners for the 30-year bond is $13 annually per $100K assessed value. On a $500,000 home, the annual cost to the property owner would be $65 or just under $5.50/month (about. While additional assessments are never popular, this is a unique opportunity to invest in the future of our community in a very positive way that will benefit individuals and the community as a whole.
More information on the Measure can be obtained at: <https://www.cosuniversitycenter.com/> Fiscal Impact:
N/A
Prior Council Action: N/A
Other: N/A
Alternatives: To not endorse the meansure.
Recommended Motion (and Alternative Motions if expected):
Click or taI move to endorse the Measure C bond proposed by College of the Sequoia’s on the Nov. 8, 2022, ballot.
Attachments: N/A
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6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0361 Agenda Date: 10/3/2022 Agenda #: 3.
Agenda Item Wording:
Request by Councilmember Greg Collins for the Council to approve adding an agenda item for discussion of building an aquatic facility.
Deadline for Action: n/a
Submitting Department: Administration
Contact Name and Phone Number: Councilmember Greg Collins 713-4400 ext. 6313 Department Recommendation:
Councilmember Greg Collins requests Council to approve placing an item on a future City Council agenda for discussion of building an aquatic facility.
Fiscal Impact:
None
Prior Council Action: On June 1, 2015, the City Council enacted a process wherein a City Councilmember may make a request to the City Manager that an item not otherwise scheduled to be on an agenda be added to a future agenda. If the item is received by the City Manager prior to Wednesday noon of the week before the next Council meeting, the City Manager adds an agenda item to the Consent Calendar with the question of whether the suggested agenda item should be placed on the next regularly scheduled meeting as a discussion item. (Note: Depending on the nature of the item, or the amount and type of information needed for the Council discussion, a later meeting date may be selected by Council.) If the item is approved as part of the Consent Calendar, or is pulled and approved after discussion, it is then placed on the next agenda as a regular item unless Council authorizes a later meeting to consider the item.
Other: n/a
Alternatives: To not approve the request to consider this matter for discussion at an upcoming Council meeting.
Recommended Motion (and Alternative Motions if expected):
To approve the request to consider this matter at an upcoming Council meeting.
Environmental Assessment Status: n/a
CEQA Review: n/a
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7 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0353 Agenda Date: 10/3/2022 Agenda #: 4.
Agenda Item Wording:
Authorize the City Manager to award the construction contract for RFB 22-23-15, Caldwell Avenue Improvements from Akers Street to Shady Street to Yarbs Grading and Paving, Inc. of Fowler, CA in the amount of $8,816,521.00 and appropriate $226,257 from the Measure R Regional Fund (133). (CIP 3010-72000/CP9485-999)
Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Fred Lampe, Senior Civil Engineer, [email protected], 713-4270 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:
Staff recommends that the City Council authorize the City Manager to award the construction contract for RFB 22-23-15, Caldwell Avenue Improvements from Akers Street to Shady Street to Yarbs Grading and Paving, Inc. of Fowler, CA in the amount of $8,816,521.00 and appropriate $227,257 from the Measure R Regional Fund (133).
Background Discussion:
The Caldwell Avenue Improvements Project from Akers Street to Shady Street is part of the larger Avenue 280 corridor widening project sponsored by Tulare County Association of Governments (TCAG), City of Visalia, County of Tulare, City of Farmersville, and the City of Exeter. The project is included in the Measure R Regional Expenditure Plan. The Avenue 280 project extends from State Route 99 to the City of Exeter. The larger project is being constructed in stages and by different agencies. When completed, the larger project will generally improve the overall level of service (LOS) and ease congestion on the Avenue 280 corridor. The Caldwell Avenue Improvements Project from Akers Street to Shady Street will reconstruct existing pavement; add median islands, sidewalk, curb, gutter, fiberoptic conduit, and streetlights.
An additive project has been incorporated as part of the Caldwell work. The additive project will install fiber optic conduit along County Center Drive from Caldwell Avenue to the police substation at West Cameron Avenue. This added conduit will allow the substation to have a fiber optic connection to the rest of the city’snetwork. It will also be used to establish the substation as a secondary and/or redundant network hub. This project is installing only the conduit portion at this time. Fiber will be installed at a later date and as a separate project.
Construction will have ongoing impacts to the public. Work is expected to last approximately one year. As presented in earlier staff reports, there will be various traffic phases and some nighttime work. Staff and consultants shall make a public outreach effort using meetings, mailers, and internet Visalia City Council Printed on 9/30/2022Page 1 of 4
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work. Staff and consultants shall make a public outreach effort using meetings, mailers, and internet to keep the public updated on project impacts.
RFB 22-23-15 was advertised on August 16,2022. Bids were opened September 15, 2022. The Submitted bid amounts are listed from lowest to highest.
Contractor Location Bid Amount
Yarbs Grading and Paving, Inc. Fowler, CA $8,816,521.00 Emmett’s Excavation, Inc. Clovis, CA $9,482,196.00
Avison Construction, Inc. Madera, CA $9,791,843.00
Granite Construction Company Fresno, CA $9,843,589.40
Cal Valley Construction, Inc. Fresno, CA $10,238,261.50 Teichert Construction Roseville, CA $11,041,932.00
American Paving Co. Fresno, CA $11,252,823.00
Papich Construction Company, Inc. Arroyo Grande, CA $11,623,051.75 Yarbs Grading and Paving, Inc. submitted the apparent low bid of $8,816,521.00. City staff reviewed the bid documents and found them to be complete and acceptable.
City staff checked references provided by Yarbs Grading and Paving, Inc.. Their past work was of good quality and was completed within the budget and on time. Yarbs constructed the Santa Fe and Tulare Roundabout and is currently the pavement contractor for the Downtown Streetlight Project.
Fiscal Impact:
The Caldwell Avenue Improvement Project from Akers Street to Shady Street (CP9485) is funded by multiple sources:
Fund
No.
Fund Account Amount
111 Gas Tax $66,763
113 SB1 RMRA $5,869,550
131 Measure R Local $1,115,790
133 Measure R Regional (Current Budget) $3,953,300
133 Measure R Regional (Additional Appropriation Request) $226,257 141 Measure N $830,060
511 Information Services $152,015
Budget Amount $12,213,735
Additional Measure R Regional (133) funds of $226,257 is being requested to increase the City’s budget to match the approved amount authorized by TCAG for this project. Measure R Regional funds in the amount of $3,953,300 were initially budgeted through previous budget cycles. The City entered into an agreement with TCAG to authorize a total of $4,179,557 of Measure R Regional Visalia City Council Printed on 9/30/2022Page 2 of 4
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funds. The additional appropriation will increase the project total funding to $12,213,735.
Item
No.
Cost Items Amount
1 Construction Cost (Base Bid + Additive Bid) $8,816,521 2 Construction Contingency (15%) (AC cost is tied to oil index) $1,322,478 3 Design Costs - Consultant P01392 $371,239
4 Design Costs - Consultant P01392 (Requested Increase) $55,000 5 Design Costs - Additional Pavement Design $27,000
6 Design Costs - City Staff (Estimate) $350,000
7 Right-of-Way (Estimate) $200,000
8 Construction Management (4 Creeks) $410,100
9 Construction Surveying (Estimate) $45,000
10 Construction Inspection (Estimate) $60,000
11 Construction Management - City Staff (Estimate) $86,000 12 Geotech testing (Estimate) $75,000
13 Public Outreach (Estimate) $40,000
Total Project Cost (Estimate) $11,858,338
There are sufficient project funds based on the above budget summary. Any funds remaining after project completion will be returned to the fund from which they originated.
Prior Council Action:
September 7, 2021
Authorized the City Manager to execute and agreement with 4 Creeks, Inc. to provide construction management services for the Caldwell Improvement Project from Akers to Shady Street in the amount of $410,100.
August 16, 2021
Accepted the staging plan presentation and approved nighttime work as proposed in the staff report and with proper public noticing.
Other:
None
Alternatives:
Reject bids and re-advertise the project. (Not Recommended) Recommended Motion (and Alternative Motions if expected):
I move to award RFB 22-23-15 and authorize the City Manager to execute a construction agreement with Yarbs Grading and Paving, Inc. in the amount of $8,816,521.00 and appropriate $226,257 from the Measure R Regional (133) Fund.
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10 File #: 22-0353 Agenda Date: 10/3/2022 Agenda #: 4.
Environmental Assessment Status:
Complete
CEQA Review:
Final Environmental Impact Report (FEIR) - State Clearinghouse #2008081126, Notice of Determination (NOD) - Receipt TC0663
Attachments:
1. Ownership Disclosure Statement
2. Location Map
3. Project Limits
4. Median Islands Akers to Linwood
5. Median Islands Linwood to Dans
6. Median Islands Dans to Shady
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Shady St.
HW
Y 99
HW
Y 99
HWY 198
ROAD 60
ROAD 68
ROAD 76
HWY 198
ROAD 156
ROAD 148
ROAD 124
AKERS ST.
SHIRK ST.
AKERS ST.
SHIRK ST.
AVENUE 320
KELSEY ST.
AVENUE 264
AVENUE 272
DEMAREE ST.
LOVERS LANE
LINWOOD ST.
LOVERS LANE
DEMAREE ST.
WALNUT AVE.
TULARE AVE.
GOSHEN AVE.
RIGGIN AVE.RIGGIN AVE.
GOSHEN AVE.
TULARE AVE.
WALNUT AVE.
MOONEY BLVD.
SANTA FE ST.
McAULIFF ST.
DINUBA BLVD.
MOONEY BLVD.
HOUSTON AVE.
CALDWELL AVE.CALDWELL AVE.
BEN MADDOX WAY BEN MADDOX WAY
WHITENDALE AVE.
Hwy 198
Hwy 99
Shirk
K
Akers
Main
Caldwell
M
ooney
Tulare
Ave 272
Visalia
Dem
aree
Ave 320
Whitendale
Doe
Chinowth
Houston
Santa Fe
Center
Riggin
Shannon
Dinuba
Murray
Rd 144
Betty
Pratt
Roeben
St Johns
Lovers Lane
Giddings Rd 132
Plaza
Kibler
Cain
Ben M
addox
Goshen
Rd 92
County Center
Kelsey
Rd 148
Noble
Linwood
Ave 276
Ave 280
Rd 88
Walnut
Ferguson
3rd
Court
Rd 100
Riverway
Hurley
Burke
Sunnyview
Ave 312
M
c Auliff
Mill CreekAm
erican
M
c Auliff
Linwood Noble
Burke
Plaza
Noble
Houston
Demaree
Ave 280
Goshen
Walnut
Riggin
Tulare
Rd 148
Ave 320
Ave 312
Akers
Burke
Akers Shannon
Plaza
Riggin
Hurley
CALDWELL AVENUE IMPROVEMENTS FROM
AKERS STREET TO SHADY STREET
¨
9,000 0 9,0004,500 Feet= Project Location
13 Shady St.
Ave 272
S Akers St
S M
ooney Blvd
W Walnut Ave
S Dem
aree St
S Linwood St
W Whitendale Ave
S Chinowth St
W Visalia Pkwy
S County Center Dr
Rd 108
Rd 100
S Dans St
S University St
W Nellis Ave
Alley
W Cameron Ave
W La Vida Ave
W Coppola Ave
W Ashland Ave
W Mid Valley Ave
W Cambridge Ave
W Cutler Ave
W Harter Ave
W Beech Ave
W Elkhorn Ave
W Cherry Ave
S Crenshaw St S Terrace St
W Dorothea Ave
S Sallee St
W Judy Ave
W Mary Ave
Ave 276
W Wagner Ave
W Victor Ave
W Laura Ave
W Princeton Ave
S M
em
ory St
S Valley St
W Vassar Ave
W Redding Ave
S Heritage Dr
W Reese Ct
S Verde Vista St
W Rialto Ct
W Monte Vista Ave
W Russell Ave
S Jackie St
W Rialto Ave W Packwood Ave
S Woodland St
W Reese Ave
S Noyes St
W Sunnyside Ave
S Linda Vista St
W Concord Ave
S Yale St
W James Ave
W Evergreen Ave
S Kent St
W Cornell Ave
W Russell Ct
Good Ave
S M
endonca St
W Country Ave
S Chatham
St
S Fontana St
W Orchard Ave
Private St
W Monte Vista Ct
S Cindy Ct
W Nellis Ct
W Pryor Ct
W Chestnut Ave
S M
aselli St
W Hemlock Ct
S Avocado St
S Julieann St
W Mission Ct
W La Vida Ct
W Mary Ct
S Redwood St
W Sunnyside Ct
S Parkwood St
W Hemlock Ave
S Tam
arack St
W Orchard Ct
W Colonial Ave
S Ernest St
W Good Ave
S Silvervale St
W Elkhorn Ct
W Dorothea Ct
S Vickie St
W Venice Ave
W Mission Ave
S Linda Vista St
S Redwood St
S Kent St
W Orchard Ct
W Victor Ave
S University St
S Tam
arack St
W Monte Vista Ave
S W
oodland St
W Victor Ave
W Judy Ave
W Packwood Ave
W Laura Ave
S M
aselli St
S M
aselli St
W Elkhorn Ave
W Sunnyside Ct
S Chinowth St
W La Vida Ave
S University St
W Ashland Ave
S M
aselli St
W Reese Ave
W Nellis Ave
W Concord Ave
W Vassar Ave
W Rialto Ave
W Redding Ave
W Beech Ave
W Hemlock Ct
EVANS
PACKWOOD
CALDWELL AVENUE IMPROVEMENTS FROM
AKERS STREET TO SHADY STREET
¨
1,500 0 1,500750 Feet= Project Limits
14 15
16 17
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0360 Agenda Date: 10/3/2022 Agenda #: 5.
Agenda Item Wording:
Second reading and adoption of Ordinance No. 2022-12 pertaining to Change of Zone No. 2021-04:
A request to change the zoning on one parcel totaling 10 acres, resulting in the removal of a R-1-20 (Single-family Residential 20,000 square foot minimum lot area) zone designation, addition to a R-1-5 (Single-family Residential 5,000 square foot minimum lot area) zone designation, and establishment of a QP (Quasi-Public) zone designation. The project site is located on one parcel situated on the west side of North Shirk Street, 300 feet south of West Pershing Court (APN: 081-030-046) Deadline for Action: 10/3/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, (559) 713-4636, [email protected] <mailto:[email protected]>
Paul Bernal, Community Development Director, (559)713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:
Staff recommends that the City Council conduct the 2nd Reading and adopt Ordinance No. 2022-12 for Change of Zone No. 2021-04.
Summary:
On September 6, 2022, the City Council held a public hearing to consider General Plan Amendment (GPA) No. 2021-03 and Change of Zone (COZ) No. 2021-04. The GPA is a request to amend the General Plan land use designations on two parcels totaling 50 acres, resulting in the removal of a Residential Very Low Density land use designation, addition to a Low Density Residential land use designation, and establishment of a Parks/Recreation land use designation. The COZ changes the zoning on one parcel totaling 10 acres, resulting in the removal of a R-1-20 (Single-family Residential 20,000 square foot minimum lot area) zone designation, addition to a R-1-5 (Single-family Residential 5,000 square foot minimum lot area) zone designation, and establishment of a QP (Quasi-Public) zone designation.
No persons spoke in opposition at the City Council meeting, and Council voted (4-0, Collins absent) to approve General Plan Amendment No. 2021-03, and to conduct the First Reading of Ordinance No. 2022-12 for Change of Zone No. 2021-04.
The second reading of the Ordinance is the final action the City Council takes in order for Change of Zone No. 2021-04 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
Background Discussion:
The proposed GPA and COZ changes will facilitate the development of the Shepherds Ranch I Visalia City Council Printed on 9/30/2022Page 1 of 3
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18 File #: 22-0360 Agenda Date: 10/3/2022 Agenda #: 5.
The proposed GPA and COZ changes will facilitate the development of the Shepherds Ranch I Tentative Subdivision Map No. 5581. The proposed Shepherds Ranch I subdivision consists of subdividing 10 acres into a 41-lot single-family residential subdivision in the attached Attachment “A”.
The Low Density Residential land use designation and R-1-5 zoning is intended to provide for single- family detached housing at densities typical of single-family subdivisions with a minimum lot size of 5,000 sq. ft. The density range for Low Density Residential is 2 to 10 units per acre. The applicant is requesting approval of a subdivision map that will develop the 10 acres at a density of 4.39 units per acre, which is consistent with the proposed Low Density Residential Land Use designation request.
The project includes a 0.96-acre linear park site with block wall along the northern boundary of the site abutting existing industrial land uses that will be maintained through a Landscaping and Lighting District. This park, shown as an Outlot on the subdivision map, will have a zoning designation of QP and will be retained as a linear park for the purpose of providing a landscaped buffer and separation between the existing industrial land uses and the proposed residential home sites.
Fiscal Impact:
None.
Prior Council Action:
On September 6, 2022, Council voted (4-0, Collins absent) to approve General Plan Amendment No. 2021-03, and to conduct the First Reading of Ordinance No. 2022-12 for Change of Zone No. 2021-
04. Committee/Commission Review and Action:
The Planning Commission held a public hearing on August 8, 2022, and voted 3-1 (Hansen - no, Gomez, absent) approving the Shepherds Ranch I Tentative Subdivision Map. The Planning Commission also recommended approval to the City Council of General Plan Amendment No. 2021- 03 and Change of Zone No. 2021-04 by a 3-1 vote. Four neighbors spoke in opposition to the proposed project at the meeting.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
I move to approve the second reading of Ordinance No. 2022-12 for Change of Zone No. 2021-04.
Environmental Assessment Status:
An Initial Study and Mitigated Negative Declaration were prepared for the proposed project. Initial Study and Negative Declaration No. 2021-33 disclosed that environmental impacts are determined to be not significant with the inclusion of mitigation measures pertaining to biological resources, cultural resources, soil erosion, noise, and traffic. Staff concluded that Initial Study and Mitigated Negative Declaration No. 2021-33 adequately analyzes and addresses the proposed project and reduces environmental impacts to a less than significant level. The City Council adopted this environmental review on September 6, 2022. No further action is needed for the 2nd reading.
CEQA Review:
An Initial Study and Mitigated Negative Declaration were prepared for the proposed project. Initial Study and Negative Declaration No. 2021-33 disclosed that environmental impacts are determined to be not significant with the inclusion of mitigation measures pertaining to biological resources, cultural resources, soil erosion, noise, and traffic. Staff concluded that Initial Study and Mitigated Negative Visalia City Council Printed on 9/30/2022Page 2 of 3
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resources, soil erosion, noise, and traffic. Staff concluded that Initial Study and Mitigated Negative Declaration No. 2021-33 adequately analyzes and addresses the proposed project and reduces environmental impacts to a less than significant level. The City Council adopted this environmental review on September 6, 2022. No further action is needed for the 2nd reading.
Attachments: Ordinance No. 2022-12 for Change of Zone No. 2021-04; Attachment A - Shepherds Ranch I Tentative Subdivision Map No. 5581; Aerial Photo Visalia City Council Printed on 9/30/2022Page 3 of 3
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20 Ordinance No. 2022-12
ORDINANCE NO. 2022-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING CHANGE OF ZONE NO. 2021-04,
A REQUEST TO CHANGE THE ZONING ON ONE PARCEL TOTALING 10 ACRES, RESULTING IN THE REMOVAL OF A R-1-20 (SINGLE-FAMILY RESIDENTIAL 20,000 SQUARE FOOT MINIMUM LOT AREA) ZONE DESIGNATION, ADDITION TO A R-1-5 (SINGLE-FAMILY RESIDENTIAL 5,000 SQUARE FOOT MINIMUM LOT AREA) ZONE DESIGNATION, AND ESTABLISHMENT OF A QP (QUASI-PUBLIC) ZONE DESIGNATION.
THE PROJECT SITE CONSISTS OF ONE PARCEL LOCATED ON THE WEST SIDE OF SHIRK STREET, 300 FEET SOUTH OF W. PERSHING COURT. (APN: 081-030-046)
WHEREAS, Change of Zone No. 2021 -04 is a request to change the zoning on one parcel totaling 10 acres, resulting in the removal of a R -1-20 (Single-family Residential 20,000 square foot minimum lot area) zone designation, addition to a R -1-5 (Single-family Residential 5,000 square foot minimum lot area) zone designation, and establishment of a QP (Quasi - Public) zone designation. The project site consists of one parcel located on the west side of Shirk Street, 300 feet south of W. Pershing Court. (APN: 081-030-046); and,
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on July 25, 2022; and
WHEREAS, after taking public comment at the July 25, 2022, Planning Commission meeting the Planning Commission continued the project to the August 8, 2022 Planning Commission meeting at the request of the applicant; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on August 8, 2022; and
WHEREAS, the Planning Commission of the City of Visalia considered the Change of Zone in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia based on evidence contained in the staff report and testimony presented at the public hearing, and recommended approval of said Change of Zone; and,
WHEREAS, the Planning Commission of the City of Visalia adopted Resolution No. 2021-36 recommending approval of Change of Zone No. 2021-04; and,
WHEREAS, the City Council of the City of Visalia, after ten days published notice, held a public hearing for Change of Zone No. 2021-04 on September 6, 2022.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Visalia approves Change of Zone No. 2021-04, as shown on Attachment “1” of this Ordinance, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Section 17. 44.090 of the Ordinance Code of the City of Visalia, based on the following specific findings and evidence presented:
1. That the proposed Change of Zone is consistent with t he intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 21 Ordinance No. 2022-12
2. That the proposed Change of Zone changing 4.7 -acres of R -1-20 (Singl e-family Residential, 20,000 square feet minimum lot size) zone to 1.0 acre of QP (Quasi -Public) and 3.7 acres of R -1-5 (Single-family Residential, 5,000 square feet minimum lot size) zone, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.
3. That the Change of Zone will help facilitate additional residential units within the Tier 1 Urban Development Boundary. The proposed subdivision is compatible with the adjacent residential uses.
4. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2021-33, is hereby adopted. Furthermore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.
22 Ordinance No. 2022-12
ATTACHMENT “1” OF ORDINANCE NO. 2022-12
AN ORDINANCE OF THE CITY COUNCIL
AMENDING THE ZONING MAP AS FOLLOWS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:
Section 1: The Zoning Map is hereby amended as follows:
EXISTING
23 Ordinance No. 2022-12
PROPOSED
Section 2: This property and Zoning Map of the City of Visalia is hereby amended to show said property changes.
Section 3: This Ordinance shall take effect thirty days after passage hereof.
24 SHIRK ROAD
ALLEN AVENUEGROVE AVENUE
STREET A
STREET B23456789101112131415161718192021222425262728293031333435363738394041 LOT A
21 1817161514
10LOT 9MARCIN ESTATES39 M 50, T.C.R.LOT 1
192
STONEGATE ESTATES41 M 80, T.C.R.US TOWERINDUSTRIAL PARK39 M 89, T.C.R.PM 466447 PM 69, T.C.R.PM 521853 PM 25, T.C.R.PM 466447 PM 69, T.C.R.
ROAD 88, LLCD.N. 2020-0039320PARCEL 1PM 190820 PM 09, T.C.R.
PARCEL 2PM 190820 PM 09, T.C.R.
148OUTLOT B
23OUTLOT A
℄SHEET 1 OF 1SHEPHERDS RANCH ITENTATIVE MAP
NNPERSHING AVENUEWEST GROVE AVENUEWEST NICHOLAS COURTWEST HURLEY AVENUEWEST GOSHEN AVENUEROAD 88ROAD 92 SHIRK ROAD (ROAD 92)
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0356 Agenda Date: 10/3/2022 Agenda #: 6.
Agenda Item Wording:
Second reading and adoption of Ordinance No. 2022-13 authorizing the sale of APN 094-095-001 (410 E. Race Ave. and 606 N. Bridge St.) 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. (4/5’s vote required) Deadline for Action: 10/3/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Devon Jones, Economic Development Manager, (559) 713-4190, [email protected] <mailto:[email protected]>
Department Recommendation:
Conduct second reading and adopt Ordinance No. 2022-13 authorizing the sale of APN 094-095-001 (410 E. Race Ave. and 606 N. Bridge St.) 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.
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 9/30/2022Page 1 of 2
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27 File #: 22-0356 Agenda Date: 10/3/2022 Agenda #: 6.
percentages of the property each entity will acquire. There will be no change of use or planned 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’sdescription 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:
· 9.19.22 - Conducted first reading of Ordinance No. 2022-13, · 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 second reading and adopt Ordinance No. 2022-13 authorizing the sale of APN 094-095-001 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.
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
Visalia City Council Printed on 9/30/2022Page 2 of 2
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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 29
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 31
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 32
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. 33
(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 35
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 36
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 37
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.
38
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
39 Exhibit A – Legal description for Parcel One
40 Exhibit B – Plat for Parcel One
41 Exhibit C- Legal Description for Parcel Two
42 Exhibit D – Plat for Parcel Two
43 Exhibit E
Reciprocal Easement Agreement
44 45
46 47
48 49
50 51
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 ST.
EAST GROVE ST.SANTA FE AVE.
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 HOUSE7/11/221"= 100'EXHIBIT BCITY OF VISALIA (ICE HOUSE REMAINDER)VISALIA, CANORTH 0'100'100'
12/31/22
52 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 ST.
EAST GROVE ST.
SANTA FE AVE.
NORTH BRIDGE ST.
SE. COR. LOT 18
N0° 00' 00"E 21.78'
T.P.O.B.
324 S. Santa Fe St., Ste. A
Visalia, CA 93292
(559) 802-3052
www.4-creeks.com
ICE HOUSE
ICE HOUSE
4/1/22
1"= 100'
EXHIBIT B
CITY OF VISALIA (ICE HOUSE THEATER)
VISALIA, CA
NORTH
0'100' 100'
12/31/22
D
P W
53 54
55 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.
56 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0370 Agenda Date: 10/3/2022 Agenda #: 1.
Agenda Item Wording:
Upcoming City Council Meetings:
Wednesday, October 12, 2022 at 6:00 pm - Visalia Convention Center, 303 E. Acequia Monday, October 17, 2022 at 7:00 pm - City Hall Council Chambers, 707 W. Acequia Visalia City Council Printed on 9/30/2022Page 1 of 1
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