Agenda packet — Visalia City Council, November 21, 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
Monday, November 21, 2022 7:01 PM City Council Chambers

ROLL CALL
Government Code Section 54953(b) provides the rules of teleconferencing for City Council meetings. Vice Mayor Brian Poochigian will participate in the November 21, 2022 Visalia City Council meeting via teleconference. The address of the teleconference location is 5901 W.

Beech Ct., Visalia, Ca 93277. The public can attend and participate from the teleconference location.

CALL TO ORDER WORK SESSION - 4:00 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)
Continue discussion on the Civic Center Phase II: Public Safety Office Building (PSOB), Police Services Building
(Evidence/Training/Crime Lab), and City Council Chambers Project and consider providing further direction on building orientation and placement.
22-0431
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

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1 City Council Meeting Agenda - Final November 21, 2022

SPECIAL PRESENTATION / RECOGNITION
Recognition of retiring Council Member Greg Collins

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.

Authorization to read ordinances by title only. 22-0154 Authorize the City Manager to award the construction contract for the widening of the intersection of Visalia Parkway Widening at Mooney Boulevard to Avison Construction of Madera, CA in the amount of $1,804,777. (CIP 3010-72000/CP0408-999).
22-0405
Authorize the City Manager to award and enter into a contract with Mintier Harnish, planning consultants, for an amount not to exceed $81,928, to prepare Zoning Ordinance Standards for Accessory Dwelling Units and Planned Residential Developments.
22-0411
Request authorization to record the final map for Sequoia Bend, Unit 1 subdivision, located along the south side of East Goshen Avenue between North Cain and North Virmargo Street (51 lots); and also request authorization for the formation of Landscape and Lighting Assessment District 22-06 and authorization for ordering the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 22-06.
(Resolution Nos. 2022-60 and 2022-61 required). APN:
098-142-057, and 098-330-006.
22-0422

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2 City Council Meeting Agenda - Final November 21, 2022 Authorization to accept the California Department of Alcoholic Beverage Control’s ABC-OTS Grant Program funded by The Office of Traffic Safety (OTS) through the National Highway Traffic Safety Administration (NHTSA) and authorize the Chief of Police to execute and appropriate $30,000 in overtime expenditures for details targeting alcohol-related crimes through enforcement, education, and compliance checks with businesses engaged in the sale of alcohol in the city of Visalia. In addition, adopt Resolution 22-xx for the administration of the grant.
22-0425
Authorize the appropriation of $45,056 for FY 2022/23 and $34,922 for FY 2023/24 of the California Healthcare, Research, and Prevention Tobacco Tax Act Grant award totaling $101,746. The Grant is effective July1, 2021, through June 30, 2025.
22-0426
Authorize City manager to award an annual janitorial supplies contract, not to exceed $185,500 annually, to Home Depot Institutional. The City will piggy-back on the Omnia contract with the University of California contract #2020002299.
22-0378
Request by Councilmember Liz Wynn for Council to approve adding an agenda item for discussion regarding a formal policy regarding short term rental properties in the City of Visalia. 22-0432
Authorization for the Mayor to sign a letter to be sent to the appropriate State and Federal representatives and agencies in support of Kaweah Health and their request for State support. 22-0433

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.

Public Hearing and Introduction to Ordinance Nos. 2022-14 and 2022-15 for the 2022 Building and Fire Code adoption noting significant changes in the 2022 Building and Fire Code and discussing impacts upon the building community.
22-0399
Public Hearing: Authorization to accept and appropriate $67,507 for the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the Bureau Justice Assistance (BJA); approve the Memorandum of Understanding with Tulare County for the Visalia Police Department JAG 2022 Joint Purchase Program and
appropriate $12,273 from the State COPS Fund for the purchase of a replacement explosive ordinance disposal suit for the Central Valley Regional Bomb Squad and crime lab equipment for the Visalia Police Department.
22-0392

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3 City Council Meeting Agenda - Final November 21, 2022 Public Hearing (the second of two) to appropriate $4.3M of Measure N Funds and authorize the City Manager to execute an agreement with Forcum/Mackey Construction Inc. of Ivanhoe, CA in the amount of $5,670,000 for the Construction of Visalia Fire Station No. 56 (No. 1410-72000/CP0346-999).
22-0400
Public Employment (G.C. 54957) Title: Public Works Director 22-0427

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

ADJOURNMENT
UPCOMING CITY COUNCIL MEETINGS:

Monday, December 05, 2022 at 7:00 p.m., 707 W. Acequia
Monday, December 19, 2022 at 7:00 p.m., 707 W. Acequia
Note: Meeting dates/times are subject to change, check posted agenda for correct details.

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 signing services.

Any written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours. 22-0397

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4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0431 Agenda Date: 11/21/2022 Agenda #: 1.

Agenda Item Wording:

Continue discussion on the Civic Center Phase II: Public Safety Office Building (PSOB), Police Services Building (Evidence/Training/Crime Lab), and City Council Chambers Project and consider providing further direction on building orientation and placement.

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

Jim Wirick, LPA Design Studios
Bob Petithomme, Darden Architects
Mike Porter, Civil Engineer, [email protected], (559)-713-4412 Jaklin Rowley, Assistant Engineer, [email protected], (559)-713-4369 Frank Senteno, City Engineer, [email protected], (559)-713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that City Council have a continued discussion and visual exercise regarding the Civic Center Phase II project and determine whether further direction may be warranted.

Summary:

During the October 17th work session, City Council provided direction on the building site plan layout and various aesthetic styles. Following that meeting, City Staff and the Architect continued independent discussions with City Council to gather input on the topic discussed at the October 17th meeting. The findings from those conversations will be discussed during the visual exercise.

Council may want to provide Staff direction on building orientation and placement.

Following this discussion, Staff will then return to City Council at a future date to discuss programing of open space around the buildings and continue the discussion on the architectural elevations/style of the buildings.

Fiscal Impact:

No new impacts. Once design progresses, construction costs will be presented for consideration at a future date.

Prior Council Action:

October 17, 2022 - Council accepted the presentation and approve the recommended site plan layout. City Council further considered and provided input on architectural styles via a visual exercise.

Visalia City Council Page 1 of 2 Printed on 11/18/2022
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File #: 22-0431 Agenda Date: 11/21/2022 Agenda #: 1.

April 4, 2022 - Council Received an update on the Public Safety Office Building and City Council Chambers Project and approved a Consultant Contract Amendment requested by Darden Architects June 7, 2021 - Council approved a motion for Mayor Steve Nelson to appoint two members of the Council to the Planning & Preliminary Project Assessment Committee.

March 15, 2021 - Council authorized the City Manager to enter into an A/E contract with Darden Architects to design the Public Safety Office Building/City Council Chambers.

November 4, 2019 - Council approved using the design-bid-build method of procurement for the PSOB Project.

August 19, 2019 - Council authorized appropriation of funds to issue an RFP for A/E Consulting Services for the new PSOB Project.

August 5, 2019 - Council received an update on the PSF project planning. Council directed staff to return with recommendation for appropriation of funds and creation of a new CIP for the planning and design of the new Public Safety Facility.

March 4, 2019 - Staff was directed to begin the planning phase of the new Public Safety Facility, and to return with an update on building size, staffing and Project funding.

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

Council may choose to provide Staff further direction on building orientation and placement.

Environmental Assessment Status: None at this time
CEQA Review: N/A at this time
Attachments: None
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0154 Agenda Date: 11/21/2022 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Page 1 of 1 Printed on 11/18/2022
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0405 Agenda Date: 11/21/2022 Agenda #: 2.

Agenda Item Wording:

Authorize the City Manager to award the construction contract for the widening of the intersection of Visalia Parkway Widening at Mooney Boulevard to Avison Construction of Madera, CA in the amount of $1,804,777. (CIP 3010-72000/CP0408-999).

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

Eric Bons, Senior Civil Engineer, [email protected], 713-4350 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 22-23-28, Visalia Parkway Widening at Mooney Boulevard Improvement Project to Avison Construction, Inc. of Madera, CA in the amount of $1,804,777.00.

Summary:

The Visalia Parkway Widening at Mooney Boulevard Improvement project will expand the intersection by widening Visalia Parkway to its ultimate arterial intersection design width and will modify the existing Caltrans traffic signals at this intersection to reflect the improved intersection and accommodate the new lane configuration. The segment of Visalia Parkway adjacent to Mooney Boulevard has experienced an increase in traffic flows and so the need to widen Visalia Parkway to its ultimate width is needed. The improvement will provide for an efficient flow of traffic to support the adjacent shopping centers and the surrounding areas. Visalia Parkway is an arterial roadway identified by City Council as a priority transportation corridor. The direction to prioritize the construction of this segment of Visalia Parkway was provided to staff at the December 3, 2019, City Council Work Session meeting.

Background Discussion:

The Visalia Parkway Widening at Mooney Boulevard Improvement project will be constructed to match the adjoining Visalia Parkway improvements being constructed by the adjacent development improvements to Visalia Parkway. The projects will construct Visalia Parkway to its ultimate width for an arterial roadway. The modification to the existing Caltrans traffic signal at this intersection will reflect the improved intersection to accommodate the new lane configuration. The widening will require the installation of new traffic signal poles, which were preordered this past September following Caltrans approval and the City’s procurement process.

City staff has worked with the private developers located to the west of this project to ensure the Visalia City Council Page 1 of 4 Printed on 11/18/2022
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File #: 22-0405 Agenda Date: 11/21/2022 Agenda #: 2.

City staff has worked with the private developers located to the west of this project to ensure the improvements match with minimal duplication of construction efforts. The private development located west of the project will construct the majority of the improvements to Visalia Parkway between Woodland Street to Mooney Boulevard. The City’s project for the widening of the intersection of Visalia Parkway at Mooney Boulevard will modify the existing Caltrans traffic signal to accommodate the widening of Visalia Parkway east and west of Mooney Boulevard to provide the necessary transitions.

The City went through an extensive process with Caltrans to obtain an encroachment permit to address the improvement to Mooney Boulevard. The Caltrans encroachment permit process took approximately 20 months for the entire permitting process. The Caltrans encroachment permit was obtained in August of 2022. The Caltrans encroachment permit included the improvements to Mooney Boulevard associated with the private development located at the southwest corner of the intersection as well as the City’s widening project. The City of Visalia was the lead for the Caltrans encroachment permit and the improvements associated with the development of the southwest corner was included into the one Caltrans encroachment permit due to the timing of the two projects and the proximity of the improvements.

The City’s portion for the widening of Visalia Parkway east of Mooney Boulevard will include a transition from Visalia Parkway being improved to its ultimate width at the intersection with Mooney Boulevard to the existing two lanes east of the project limits. The improvements to the traffic signal will be completed with the City’s project widening Visalia Parkway and the operation and maintenance of the traffic signal will remain under Caltrans jurisdiction.

The improvements to Visalia Parkway west and east of Mooney Boulevard will be coordinated throughout the construction of both projects to allow each contractor to safely construct the roadway improvements and minimize the disruption to the traffic flows.

Bidding Process:

The project, RFB 22-23-28, for the Visalia Parkway Widening at Mooney Boulevard Improvement Project was advertised on September 30, 2022, and the construction bid proposals were received on October 28, 2022. The City received three construction bid proposals and are they listed below.

Contractor Location Bid Amount
Avison Construction, Inc. Madera, CA $1,804,777.00
Granite Construction Company Fresno, CA $1,992,999.50
Dawson-Mauldin, LLC Selma, CA $3,158,273.00
Avison Construction, Inc. submitted the apparent low bid of $1,804,777.00. City staff reviewed the bid documents and found them to be complete and acceptable.

City staff checked references provided by Avison Construction, Inc. Their past work was of good quality and was completed within the budget and on time. Avison Construction, Inc. has constructed the Packwood Creek Trail, St. Johns River Trail at Dinuba Blvd. and Riverway Dr., and Goshen Avenue at Demaree Street Intersection Improvement projects for the City of Visalia over the past several years.

Construction is expected to take approximately 5 months beginning in January 2023 with a Visalia City Council Page 2 of 4 Printed on 11/18/2022
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File #: 22-0405 Agenda Date: 11/21/2022 Agenda #: 2.

Construction is expected to take approximately 5 months beginning in January 2023 with a completion in May 2023. There will be various traffic phases for the construction of the roadway improvements. Staff and the contractor will make public outreach efforts to keep the public updated on the project impacts.

Fiscal Impact:

The Visalia Parkway Widening at Mooney Boulevard Improvement Project (CP0408) is funded by multiple sources and the budget summary is shown below.

Project Funding:

Measure R Local Fund (131) $1,640,000
Transportation Impact Fee Fund (241) $935,000
Total Project Funding: $2,575,000
Project Cost:

Design Consultant Contract $155,435
Design Staff Time (Estimated) $90,000
Traffic Signal Equipment (purchased by City) $71,863
Construction Contract $1,804,777
Contingency (Approximately 10% of construction cost) $200,000 Material Testing (Estimated) $40,000
City Surveying (Estimated) $60,000
City Construction Management & Inspection (Estimated) $110,000 Total Project Cost (Estimated): $2,532,075
Summary:

Project Funding: $2,575,000
Project Cost: ($2,532,075)
Approximate Funding Remaining: $42,925
There are sufficient funds available to complete construction. Any funds remaining after the completion of construction will be returned to the fund from which they originated.

Prior Council Action:

July 20, 2020
Authorize the City Manager to award a professional design services contract to 4Creeks, Inc. for the design of the traffic signal improvements and roadway improvements for the Visalia Parkway at Mooney (SR-63) in the amount of $155,435.

Other:

None
Alternatives:

Reject the construction bids and re-advertise the project.

Visalia City Council Page 3 of 4 Printed on 11/18/2022
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File #: 22-0405 Agenda Date: 11/21/2022 Agenda #: 2.

Recommended Motion (and Alternative Motions if expected):

I move to award RFB 22-23-28 and authorize the City Manager to execute a construction agreement with Avison Construction, Inc. in the amount of $1,804,777.

Environmental Assessment Status:

Complete
CEQA Review:

Mitigated Negative Declaration No. 2021-42.

Attachments:

1. Ownership Disclosure Statement

2. Bid Results

3. Location Map
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12 CITY OF VISALIA PROJECT No. 3010-72000/CP0408-999

VISALIA PARKWAY WIDENING AT MOONEY BOULEVARD IMPROVEMENT PROJECT RFB No. 22-23-28 Bidders Name
BID OPENING DATE: OCTOBER 28, 2022
Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization/Demobilization including Clearing and
Grubbing 1 LS $57,800.00 $57,800.00 $82,000.00 $82,000.00 $95,000.00 $95,000.00 $150,000.00 $150,000.00 2 Clearing and Grubbing 1 LS $5,000.00 $5,000.00 $52,500.00 $52,500.00 $441,000.00 $441,000.00 $180,000.00 $180,000.00 3 Traffic Control (PCMS and Construction Signs included) 1 LS $60,000.00 $60,000.00 $50,000.00 $50,000.00 $90,000.00 $90,000.00 $250,000.00 $250,000.00 4 Storm Water Pollution Control 1 LS $7,500.00 $7,500.00 $2,500.00 $2,500.00 $2,200.00 $2,200.00 $6,000.00 $6,000.00 5 Dust Pollution Control 1 LS $10,000.00 $10,000.00 $100.00 $100.00 $15,000.00 $15,000.00 $6,000.00 $6,000.00 6 Existing Asphalt Removal 16,980 SY $5.50 $93,390.00 $2.00 $33,960.00 $0.50 $8,490.00 $5.00 $84,900.00 7 Sawcut 3,307 LF $1.00 $3,307.00 $2.00 $6,614.00 $3.50 $11,574.50 $5.00 $16,535.00 8 Adjust Manhole to Grade 1 EA $1,050.00 $1,050.00 $2,000.00 $2,000.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 9 Concrete Removal 2,330 SF $5.00 $11,650.00 $4.00 $9,320.00 $2.75 $6,407.50 $7.00 $16,310.00 10 Curb and Gutter Removal 256 LF $12.00 $3,072.00 $15.00 $3,840.00 $10.00 $2,560.00 $18.00 $4,608.00 11 Curb Removal 741 LF $13.00 $9,633.00 $4.00 $2,964.00 $6.50 $4,816.50 $13.00 $9,633.00 12 Earthwork & Roadway Excavation (F) 3,831 CY $54.00 $206,874.00 $35.00 $134,085.00 $40.00 $153,240.00 $70.00 $268,170.00 13 Hot Mix Asphalt (Type B, 3/4") 2,986 TN $106.00 $316,516.00 $138.00 $412,068.00 $100.00 $298,600.00 $170.00 $507,620.00 14 Aggregate Base (Class II) 5,546 TN $65.00 $360,490.00 $30.00 $166,380.00 $28.00 $155,288.00 $60.00 $332,760.00 15 24" Curb & Gutter 1,996 LF $50.00 $99,800.00 $35.00 $69,860.00 $33.00 $65,868.00 $55.00 $109,780.00 16 ADA Ramp Detail “A” (Northwest corner of Visalia Pkwy. and Mooney Blvd.) 1 LS $16,462.29 $16,462.29 $15,000.00 $15,000.00 $8,025.00 $8,025.00 $21,000.00 $21,000.00 17 ADA Ramp Detail “B” (Northeast corner of Visalia Pkwy. and Mooney Blvd.) 1 LS $17,463.86 $17,463.86 $15,000.00 $15,000.00 $7,900.00 $7,900.00 $21,000.00 $21,000.00 18 ADA Ramp Detail “C” (Southeast corner of Visalia Pkwy. and Mooney Blvd.) 1 LS $14,288.28 $14,288.28 $14,000.00 $14,000.00 $7,400.00 $7,400.00 $21,000.00 $21,000.00 19 ADA Ramp Detail “D” (Southwest corner of Visalia Pkwy. and Mooney Blvd.) 1 LS $10,000.00 $10,000.00 $14,000.00 $14,000.00 $7,900.00 $7,900.00 $21,000.00 $21,000.00 20 Drive Approach Detail “E” 1 LS $9,000.00 $9,000.00 $11,000.00 $11,000.00 $7,900.00 $7,900.00 $16,000.00 $16,000.00 21 Median Curb Detail “F” 1 LS $4,752.97 $4,752.97 $4,000.00 $4,000.00 $1,500.00 $1,500.00 $9,000.00 $9,000.00 22 Median Curb Detail “G” 1 LS $4,676.59 $4,676.59 $4,000.00 $4,000.00 $1,500.00 $1,500.00 $9,000.00 $9,000.00 23 Median Stamped Concrete 2,598 SF $20.00 $51,960.00 $7.00 $18,186.00 $10.00 $25,980.00 $17.00 $44,166.00 24 Median Curb & Gutter 975 LF $50.00 $48,750.00 $35.00 $34,125.00 $24.00 $23,400.00 $55.00 $53,625.00 25 Install Strain Inlet 4 EA $6,250.00 $25,000.00 $10,000.00 $40,000.00 $11,000.00 $44,000.00 $9.00 $36.00 26 Install New 24" Storm Drain Pipe 419 LF $75.00 $31,425.00 $225.00 $94,275.00 $350.00 $146,650.00 $270.00 $113,130.00 27 Miscellaneous Utility Adjustments 1 LS $15,000.00 $15,000.00 $10,000.00 $10,000.00 $20,000.00 $20,000.00 $140,000.00 $140,000.00 28 Modify Traffic Signal - Mooney Boulevard and Visalia Parkway 1 LS $150,000.00 $150,000.00 $423,000.00 $423,000.00 $257,000.00 $257,000.00 $630,000.00 $630,000.00 29 Landscaping & Irrigation Modifications 1 LS $15,000.00 $15,000.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 30 Striping Signage & Markings, 1 LS $44,000.00 $44,000.00 $45,000.00 $45,000.00 $40,800.00 $40,800.00 $75,000.00 $75,000.00 31 Install Storm Drain Manhole (48”) 3 EA $10,000.00 $30,000.00 $10,000.00 $30,000.00 $10,000.00 $30,000.00 $10,000.00 $30,000.00 $1,733,860.99 Total: $1,804,777.00 Total: $1,992,999.50 Total: $3,158,273.00 (F) Final Pay Item
Avison Construction, Inc. Granite Construction Company Dawson-Mauldin, LLC Description of Work Quantity Units Item
No.

TOTAL BID AMOUNT =
Engineers Estimate Bidder 1 Bidder 2 Bidder 3
13 S
Mooney B vl d
W Visalia Pkwy
W Caldwell Ave
W Cameron Ave
Ave 274
W Mid Valley Ave
S
Stonebrook St
Alley
W Packwood Ave
S Fairway St
S
Verde V si ta St
S
Shady St
S
Woodland St
S
Dol nl er St
S
Oakhaven St
S
Stonebro0k St
W Orchard Ave
S Hall St
W James Ave
S
Sallee Ct
S
Mart ni Ct
S L ni co nl Ct
W Hemlock Ave
W Mission Ct
S
Shady Ct
W Hemlock Ct
W Mid Valley Ave
W James Ave
S
Wood al nd St
S
Sallee Ct
Al el y
S
Wood al nd St

PACKWOOD

VICINITY MAP

PROJECT LOCATION
(S
R-63) S. Mooney Blvd (S
R-63) S. Mooney Blvd
I
14 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0411 Agenda Date: 11/21/2022 Agenda #: 3.

Agenda Item Wording:

Authorize the City Manager to award and enter into a contract with Mintier Harnish, planning consultants, for an amount not to exceed $81,928, to prepare Zoning Ordinance Standards for Accessory Dwelling Units and Planned Residential Developments.

Deadline for Action: 11/21/2022
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that the City Council authorize the City Manager to execute a contract with Mintier Harnish in an amount not to exceed $81,928 for preparation of these tasks as outlined in the Scope of Work (attached as Exhibit “A”).

Background Discussion:

In Spring 2022, the City Manager authorized staff to circulate a Request For Proposals for a consultant to prepare Zoning Ordinance Updates pertaining to Accessory Dwelling Units (ADUs) and Planned Residential Developments (PRDs). This authorization followed City Council action on April 4, 2022, to accept and appropriate funding in the amount of $246,000 for a State of California Housing and Community Development (HCD) Local Early Action Planning (LEAP) grant to fund three specific projects for community development activities. The updates pertaining to ADUs and PRDs constitute two of the three specific projects funded by the grant, described as follows. (The third specific project funded through the LEAP grant is the Housing Element Update, which is already contracted and not related to this action.)
The ADU Ordinance Update would improve the City of Visalia's accessory dwelling unit ordinance in compliance with Section 65852.2 of the Government Code. The City’s current ADU Ordinance, and other zoning ordinance provisions related to ADUs, accessory structures, and garage conversions, needs revisions to bring it into compliance with State law. The ADU update also provides the City with the opportunity to reconsider its own local standards to see of other revisions to height limits, lot coverage, etc. are warranted based on recent state legislation that relaxes certain requirements for ADUs and creates provisions for another type of unit called Junior Accessory Dwelling Units or JADUs. With the adoption of an updated ADU ordinance, along with the creation of the City’s permitready ADU plans, the City of Visalia would seek ways to encourage the construction of ADUs that could be counted towards the City’s affordable housing inventory. The LEAP grant budgeted $25,500 Visalia City Council Page 1 of 4 Printed on 11/18/2022
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File #: 22-0411 Agenda Date: 11/21/2022 Agenda #: 3.
could be counted towards the City’s affordable housing inventory. The LEAP grant budgeted $25,500 for this task and budgeted $3,000 for the circulation of the RFP.

The Planned Unit Development or Planned Residential Development Ordinance update responds to current growth trends where developers are seeking ways to maximize density by implementing various design techniques. Such techniques include clustered housing units such as the “5-pack” design, where there are a reduced number of units on street frontages. To ensure that future residential PUDs can be analyzed and evaluated based on a set of reliable codified objective design standards that are in keeping with the PUD Ordinance objectives, addressing open space, parking, setbacks, and other aspects, staff desires to develop and incorporate these objective design standards into the ordinance so that developers have a clear understanding on the development standards required of these unique projects that seek to develop housing units at a higher density range by modifying traditional development standards. The LEAP grant budgeted $57,500 for this task and associated CEQA document and budgeted $5,000 for the circulation for the RFP.

Request For Proposal Process:

The Request For Proposal (RFP 22-23-14) was circulated from July 22 to August 18, 2022, and resulted in three proposals being received. Proposals were received from CSG Consultants based in Orange, CA, Mintier Harnish based in Sacramento, CA, and QK Inc. based in Visalia.

The consultant was chosen by a selection committee comprised of five City staff members. The committee met on September 15, 2022, and ranked the proposals based on criteria in the RFP document. Of the three proposals, Mintier Harnish emerged as the top-rated candidate based on a review panel comprised of five City staff. Mintier Harnish will lead all aspects of the Zoning Ordinance Update project, and subconsultant Rincon Consultants Inc. will oversee the preparation of the CEQA document. No Technical Advisory Committee will be utilized for the update.

Mintier Harnish was also contracted with the City of Visalia in July 2022 to prepare the City of Visalia’s Housing Element Update, Safety Element Update, and Environmental Justice Element. The consultant’s contracted work for the Housing Element had no bearing on the review panel’s rankings.

Following the evaluation process, staff opened the cost proposal and corresponded with Mintier Harnish to discuss the budget and workloads. In response, the consultant revised their budget to the proposed amount of $81,928 (see Exhibit “B”) to ensure that the budget did not exceed the total $83,000 allotted in the LEAP grant for the two projects (excluding $8,000 budgeted for circulation of the RFP). Also, staff received assurance that Miniter Harnish’s work on the project would not be slowed down by ongoing work on the Housing Element project.

Scope of Work:

Mintier Harnish’s proposed work schedule envisions adoption of the ordinance within 10 months of project initiation, based on the schedule attached as Exhibit “C”. Upon entering into a contract, the consultant will begin working with City staff and will conduct a Citywide workshop to include the City Council and/or Planning Commission, City staff, and interested community members. A thorough review of the existing ordinance sections will be conducted, and stake holder interviews will be held with targeted individuals to discuss how the existing Planned Development regulations are and/or are not working. The consultant will prepare administrative draft provisions and public review provisions and will circulate a revised public review draft for comment and to State HCD for a required 30 day review prior to adoption hearings.

Visalia City Council Page 2 of 4 Printed on 11/18/2022
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File #: 22-0411 Agenda Date: 11/21/2022 Agenda #: 3.

Separate Task for Preparation of Single-Family Objective Standards:

As part of the consultant consultation following the evaluation process, staff asked Mintier Harnish if they were able to prepare a separate scope of work and budget for the preparation of objective design standards for Single-Family Residential zoned properties. The request was made based on the similarity in nature to the proposed Zoning Ordinance updates, which primarily revolve around design issues such as setbacks, parking, lot sizes, and open space standards for residential developments. The City Council directed staff to consider initiating potential updates for traditional single-family development design standards following a work session on January 31, 2022 regarding SB 9, and following a work session on July 18, 2022 that followed City Council review of a recent subdivision map associated with an annexation initiation request. This task would be a separate CIP item and would be funded out of the City’s general fund. This information is being provided to the City Council for reference only, and no action is required by the City Council.

Fiscal Impact:

The consultant services are funded by an approved grant awarded by the State of California under the Local Early Action Planning (LEAP) grant program in the amount of $82,000. The project will require staff time from existing in-house City staff to manage the consultant and assist with providing data.

Prior Council Action:

October 19, 2020: City Council held a work session and directed staff to initiate a Zoning Text Amendment regarding Chapter 17.26 (Planned Developments) that drafts design standards for 5- pack style and other similar residential developments that utilize homeowner associations and incorporate lots not meeting City standards. April 4, 2022: Council accepted and appropriated funding for the LEAP grant for the Housing Element update in an amount not to exceed $28,500 for the ADU Ordinance Update and not to exceed $62,500 for the PRD Ordinance Update. The LEAP grant also included $155,000 budgeted for the Housing Element.

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

I move to authorize the City Manager to execute a contract with Mintier Harnish in an amount not to exceed $81,928 for preparation of these tasks as outlined in the Scope of Work (attached as Exhibit “A”)...end
Environmental Assessment Status:

No environmental assessment required at this time. The adoption of the updated ordinances will require CEQA documentation to be completed by the consultants, which is included as part of the scope and budget.

CEQA Review:

Not at this time. The adoption of the updated ordinances will require CEQA documentation to be completed by the consultants, which is included as part of the scope and budget.

Visalia City Council Page 3 of 4 Printed on 11/18/2022
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File #: 22-0411 Agenda Date: 11/21/2022 Agenda #: 3.

Attachments:

1. Exhibit “A” - Scope of Work;

2. Exhibit “B” - Budget (Fees & Hours);

3. Exhibit “C” - Schedule
Visalia City Council Page 4 of 4 Printed on 11/18/2022
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Approach

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Incorporate New Ideas. At each step in the process,
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on our understanding of best practices in zoning and
our extensive experience working with a wide array
of cities throughout California and the San Joaquin
Valley.
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increased use of administrative permits.

Work Plan
Phase 1: Project Initiation
Objective. At the outset of the Update, our Team
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expectations, needs, and objectives for the Zoning
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ADU and PRD provisions. This will establish the
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expectations and build a consensus on the scope and
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meeting. Following the meeting, we will prepare notes
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be addressed at the meeting include the following:
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the Zoning Ordinance Update.
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other public information platforms.
6 CITY OF VISALIA | Zoning Ordinance Standards for Accessory Dwelling Units (ADU) and Planned Residential Development (PRDs) 19 Task 2.1: Diagnostic Review
The Consultant will review documents relevant to
the Zoning Ordinance update, including the Zoning
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ADU provisions. However, we will highlight options
where they exist. We will also review and compare
ADU ordinances prepared for other valley cities,
including the model ordinance prepared through the
SJV REAP program. The Consultant will review the
background and history of the Planned Development
regulations and the results of recent discussions at the City Council, identify key issues, and explore options
for improving the Planned Development standards and
requirements.

Task 2.2: Stakeholder Interviews
An important source of information about how
existing Planned Development regulations are and
are not working is to talk to the regulated community.

The Consultant will conduct up to 12 virtual or
conference call interviews with individuals and
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participants in advance of the interviews and will
document the interview results in a summary report.

Task 2.3: Memo of Options
and Approaches
Once the technical diagnosis and stakeholder
interviews are complete, the Consultant will prepare
a Memo of Options and Approaches. This memo will
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in Task 2.1 and will identify, at a minimum:
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regulations.
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diagrams, tables, and charts.

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examples of key planned development projects, good
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Task 1.2: Workshop #1 – Zoning
Ordinance Presentation
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public about the process and objectives of the Update.

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Workshop.

Phase 1 Work products:
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Phase 1 Timeline:
• September 2022
Phase 1 Completion date:
• September 30, 2022
Phase 2: Diagnosis
Objective. The Consultant will conduct a thorough
review of the existing Zoning Ordinance ADU and
PRD provisions, including case studies of successes
and failures. This Phase is the foundation for how
the Ordinance will be updated and where updates are
needed.
7 MINTIER HARNISH | August 17, 2022
20 on the results of the working Session, the consultant will initiate preparation of the new ADU and PRD
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Phase 3: Zoning
Ordinance Update

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objectives for allowing ADUs and maintaining
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will also prepare Planned Development regulations to
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Accessory Dwelling Unit Provisions
The Consultant will prepare updated ADU provisions
consistent with State law. There have been a multitude
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including changes pertaining to the allowed
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lot size and replacement parking space requirements,
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tiered fee structure. At a minimum, the provisions will include:
• Zoning and development standards
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• Zoning and development standards
• Lot and unit size requirements
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• Setbacks and height limits
• Infrastructure requirements
• Private streets and sidewalks
• Open space requirements
• Common area maintenance
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detailed table of contents, graphics, and illustrations.

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8 CITY OF VISALIA | Zoning Ordinance Standards for Accessory Dwelling Units (ADU) and Planned Residential Development (PRDs) 21 Task 4.2: City Council Study Session
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a Study Session with the City Council. We will make
a general presentation of the major changes to the
Ordinance, the reasons for the changes, and how
the City will administer the updated provisions.

Additionally, we will present the comments and
recommendations from the Planning Commission
Study Session. We will facilitate a question-andanswer period and record all comments and recommendations. Our team will prepare a summary
of all comments which we will use, in consultation
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Zoning Ordinance Update.

Task 4.3: Revised Public Review
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for review prior to submission to the City Council for
adoption consideration.

Task 4.4: Response to
Comments from HCD
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comments on the ADU provisions following HCD
review. We will then prepare a Second Revised Public
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and direction
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Phase 4 Meetings:
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• City Council Study Session
Phase 4 Timeline:
• March - April 2023

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review by the City Council, the public, and other
applicable groups.

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Phase 3 Timeline:
• November 2022 - February 2023
Phase 3 Completion date:
• February 28, 2023
Phase 4: Public Review

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facilitating public review of the Zoning Ordinance
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Task 4.1: Planning Commission
Study Session
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with facilitating a Study Session with the Planning
commission. We will make a general presentation
of the major changes to the Zoning Ordinance,
the reasons for the changes, and how the City
will administer the updated provisions. We will
facilitate a question-and-answer period and record
all comments. Our team will prepare a summary
of all public comments and Planning Commission
recommendations, which we will provide to the City
Council.
9 MINTIER HARNISH | August 17, 2022
22 Phase 4 Completion date:
• April 28, 2023
Phase 5: Environmental
Review

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requirements of CEQA.

Task 5.1: Environmental Review

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already likely to have been addressed in the 2014
General Plan EIR. Based on the direction from the
City, the Consultant expects be able to tier from the
2014 General Plan EIR and prepare either a letter of
consistency or addendum, or prepare an Initial Study/
Negative Declaration.

Phase 5 Work Product:
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of consistency of the updated Zoning Ordinance
with the 2014 General Plan EIR or an Initial Study/
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Phase 5 Meetings:
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Phase 5 Timeline:
• April 2023
Phase 5 Completion date:
• April 28, 2023
Phase 6: Adoption of the Final
Zoning Ordinance Update

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Task 6.1 : Planning Commission
Public Hearing
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with facilitating a public hearing with the Planning
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Task 6.2: City Council Public Hearing
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facilitating a public hearing with the City Council to
consider adoption of the Updated Zoning Ordinance.

Task 6.3: Final Document to
be Provided to the City
The Consultant will prepare the Final Zoning
Ordinance Update for delivery to the City for

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Task 6.4: Informational Materials
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regulations in a more easily understandable and userfriendly how-to format.

Phase 6 Work Products:
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Phase 6 Meetings:
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Phase 6 Timeline:
• May - June 2023
Phase 6 Completion date:
• June 30, 2023
10 CITY OF VISALIA | Zoning Ordinance Standards for Accessory Dwelling Units (ADU) and Planned Residential Development (PRDs) 23 Cost Estimate
Mintier Harnish
Phases,
Tasks Description
HARNISH Project DirectorB. GIBBONS Project ManagerM. GIBBONS Assistant Project ManagerAdministrative SupportSubtotal HoursSubtotal CostsE. VONBERGR. SHAKRASupportSubtotal HoursSubtotal CostsTOTAL COSTS Phase 1 Project Initiation
Task 1.1 Kick-Off and Scoping Meeting 12 12 24 $5,280 0 $0 $5,280 Task 1.2 Workshop #1 - Zoning Ordinance Presentation 12 12 24 $5,280 0 $0 $5,280 Subtotal 0 24 24 0 48 $10,560 0 0 0 0 $0 $10,560
Phase 2 Diagnosis
Task 2.1 Diagnostic Review 2 4 8 14 $3,060 0 $0 $3,060
Task 2.2 Stakeholder Interviews 12 20 32 $4,840 0 $0 $4,840 Task 2.3 Memo of Options and Approaches 2 2 8 12 $2,570 0 $0 $2,570 Task 2.4 City Staff Working Session 4 4 8 $1,760 0 $0 $1,760 Subtotal 4 10 32 20 66 $12,230 0 0 0 0 $0 $12,230
Phase 3 Zoning Ordinance Update
Task 3.1 Administrative Draft Accessory Dwelling Unit Provisions 4 12 16 $3,320 0 $0 $3,320 Task 3.2 Administrative Draft Planned Residential Development Provisions 2 4 20 26 $5,400 0 $0 $5,400 Task 3.3 Preliminary Draft Zoning Ordinance Update 2 2 8 12 $2,570 0 $0 $2,570 Task 3.4 Public Review Draft Zoning Ordinance Update 2 8 10 $2,050 0 $0 $2,050 Subtotal 4 12 48 0 64 $13,340 0 0 0 0 $0 $13,340
Phase 4 Public Review
Task 4.1 Planning Commission Study Session 12 12 $2,940 0 $0 $2,940 Task 4.2 City Council Study Session 12 12 $2,940 0 $0 $2,940 Task 4.3 Revised Public Review Draft Zoning Ordinance Update 2 4 8 14 $3,060 0 $0 $3,060 Task 4.4 Response to Comments from HCD 2 2 4 8 $1,790 0 $0 $1,790 Subtotal 4 30 12 0 46 $10,730 0 0 0 0 $0 $10,730
Phase 5 Environmental Review
Task 5.1 Environmental Review 0 $0 2 22 4 28 $5,988 $5,988 Subtotal 0 0 0 0 0 $0 2 22 4 28 $5,988 $5,988
Phase 6 Adoption of the Final Zoning Ordinance Update
Task 6.1 Planning Commission Public Hearing 12 12 $2,940 0 $0 $2,940 Task 6.2 City Council Public Hearing 12 12 $2,940 0 $0 $2,940 Task 6.3 Final Documents to be Provided to the City 2 4 4 16 26 $4,280 0 $0 $4,280 Task 6.4 Information Materials 2 4 8 20 34 $5,560 0 $0 $5,560 Subtotal 4 32 12 36 84 $15,720 0 0 0 0 $0 $15,720
PM Project Management
Subtotal 4 6 30 24 64 $11,360 0 $0 $11,360
TOTAL
Total Hours 20 114 158 80 372 - 2 22 4 28 - -
2022 Billing Rates $260 $245 $195 $125 - - $250 $224 $140 - - - Labor Subtotals $5,200 $27,930 $30,810 $10,000 - $73,940 $500 $4,928 $560 - $5,988 $79,928 Direct Expenses (e.g., printing, travel, translation services) $1,500 $500 $2,000 TOTAL COST $75,440 $6,488 $81,928

CITY OF VISALIA ZONING ORDINANCE STANDARDS FOR ACCESSORY DWELLING UNITS AND PLANNED RESIDENTIAL DEVELOPMENT 1) This represents a total not to exceed cost based on the provided scope of work. 2) The distribution of hours between firms, staff categories, and tasks are an estimate.

While the total costs will not change, the distribution of hours/costs may vary depending on actual execution. 3) Labor rates are subject to change every January 1st, although this change will not change the total budget.

MINTIER HARNISH RINCON CONSULTANTS, INC.

Page 1 ends

24 December
JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember
Phase 1: Project Initiation
Phase 2: Diagnosis
Phase 3: Zoning Ordinance
Update
Phase 4: Public Review
Phase 5: Environmental Review
Phase 6: Adoption of the Final
Zoning Ordinance Update
City of Visalia Zoning Ordinance Update for ADUs and PRDs Project Schedule
* City Staff Working Session
* Workshop #1
* Public Review Draft
* Final Document
Preparation
* Public
Hearings

* Draft ADU and
PRD Provisions

* Technical Memo
* Revised Public Review Draft
*HCD Comments
* Preliminary Draft
2022 2023
Revised: November 11, 2022
25 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0422 Agenda Date: 11/21/2022 Agenda #: 4.

Agenda Item Wording:

Request authorization to record the final map for Sequoia Bend, Unit 1 subdivision, located along the south side of East Goshen Avenue between North Cain and North Virmargo Street (51 lots); and also request authorization for the formation of Landscape and Lighting Assessment District 22-06 and authorization for ordering the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 22-06. (Resolution Nos. 2022-60 and 2022-61 required). APN: 098- 142-057, and 098-330-006.

Deadline for Action: None
Submitting Department: Community Development
Contact Name and Phone Number:

Luqman Ragabi, Assistant Engineer, [email protected] <mailto:[email protected]>, (599) 713-4362
Jason Huckleberry, Assistant Community Dev 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 Sequoia Bend, Unit 1 located along the south side of East Goshen Avenue between North Cain and North Virmargo Street. Staff also recommends the adoption of Resolution No. 2022-60 initiating proceedings for the formation of Landscape and Lighting Assessment District No. 22-06 "Sequoia Bend" and adopt Resolution No. 2022-61 ordering the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 22-06 "Sequoia Bend." Summary:

The Sequoia Bend tentative subdivision map will subdivide 29.96-acres into a 138-lot single-family residential subdivision with five lettered out lots for Landscaping and Lighting District purposes, open space, and storm water collection. The 29.96-acre site is comprised of two parcels, which are currently undeveloped. The final map, Sequoia Bend Unit 1, will subdivide the first parcel into 51 lots with four lettered out lots (Out Lot “A” through Out Lot “D”) totaling 13.5-acres. The remaining 16.47- acre area will be completed by separate final maps (Sequoia Bend, Unit 2, and Unit 3) which have not been filed.

The proposed subdivision will provide internal 60-foot-wide public local streets containing full improvements (i.e., curb, gutter, parkway landscaping, sidewalks, and streetlights) and underground infrastructure (i.e., sewer lines, storm drainage, gas, electricity, and water). Primary vehicular access to the subdivision will be from East Goshen Avenue, which is identified as a minor arterial street.

Secondary vehicular access will be provided from North Virmargo Street via East Oak Avenue, which are both local streets. Currently, Oak Avenue is designed as a local stub street which allows for future Visalia City Council Page 1 of 4 Printed on 11/18/2022
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File #: 22-0422 Agenda Date: 11/21/2022 Agenda #: 4.
are both local streets. Currently, Oak Avenue is designed as a local stub street which allows for future local street connection with Unit 3 of the Sequoia Bend Subdivision.

This final map, Sequoia Bend, Unit 1, is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, San Joaquin Valley Homes, and are in the possession of the City as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $3,206,466.85 and Labor and Materials Bond in the amount of $1,603,233.43; 3) cash payment of $451,847.27 distributed to various accounts to cover City fees; and 4) final map.

The Landscape and Lighting Assessment District No. 22-06 has also been reviewed and approved as to form by the Landscape and Lighting District Committee at their October 28, 2022, meeting. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO requires that landscaping and irrigation plans be certified by a qualified entity (i.e., a Landscape Architect) as meeting the State and City’s water conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plan and tree species, and by limiting the portion of landscape that can be covered in turf.

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 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’s authorization to record the final map is a ministerial action. Section 16.24.080 of the Subdivision Ordinance limits the City Council’s action to the specific determination that the final map substantially conforms to the contents Visalia City Council Page 2 of 4 Printed on 11/18/2022
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File #: 22-0422 Agenda Date: 11/21/2022 Agenda #: 4.

Council’s action 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 “if the 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’s recommendation 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 51 lots will start contributing to the landscape and lighting assessment district (L&LD 22-06) created for maintenance of common features related to this subdivision. The annual lot assessment will be $1,213.70 per lot.

Please note, the assessment district is subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($167,490.56) (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 and enhance subdivisions.

Other:
· On December 13, 2021, the Sequoia Bend Tentative Subdivision Map No. 5584 was approved by the Planning Commission.
· On October 28, 2022, L&LD 22-06 was reviewed and approved as to form by the Landscape and Lighting Committee.

Alternatives:

None Recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the recordation of the final map for Sequoia Bend, Unit 1; the adoption of Resolution No. 2022-60 initiating proceedings for the formation of Assessment District No. 22-06 “Sequoia Bend”; and the adoption of Resolution No. 2022-61 ordering the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 22-06 “Sequoia Bend.” Visalia City Council Page 3 of 4 Printed on 11/18/2022
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File #: 22-0422 Agenda Date: 11/21/2022 Agenda #: 4.

Environmental Assessment Status:

An Initial Study/Negative Declaration No. 2021-41, was prepared for the Sequoia Bend subdivision map.

CEQA Review:

Negative Declaration No. 2021-41, adopted December 13, 2021 Attachments:

1. Resolution Documents for Sequoia Bend including:
a. Resolution Initiating Proceedings for Formation
b. Clerk’s Certification
c. Resolution Ordering the Improvements
d. Exhibit A - Assessment Diagram
e. Exhibit B - Landscape Location Diagram
f. Exhibit C - Tax roll Assessment
g. Exhibit D - Engineer’s Report

2. Development Disclosure

3. Landscape and Lighting - Formation

4. Landscape and Lighting - Annexation

5. Final Map

6. Location Map

7. Aerial Map
Visalia City Council Page 4 of 4 Printed on 11/18/2022
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RESOLUTION NO. 2022-___

RESOLUTION INITIATING PROCEEDINGS
FOR ASSESSMENT DISTRICT NO. 22-06
Sequoia Bend
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council proposes to form 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 landscaping, street trees, landscape trees, local streets, street lights, block walls and any other applicable equipment or improvements.

2. The proposed district shall be designated “Assessment District No. 22-06, City of Visalia, Tulare County, California”, and shall include the land shown on the map designated “Assessment Diagram, Assessment District No.22-06, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “ Sequoia Bend.”

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 November 21, 2022.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
30 CLERK’S CERTIFICATION TO COUNTY AUDITOR
ASSESSMENT DISTRICT NO. 22-06
Sequoia Bend
(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. 22-06, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on November 21, 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
31 RESOLUTION NO. 2022-___

RESOLUTION ORDERING THE IMPROVEMENTS
FOR ASSESSMENT DISTRICT NO. 22-06
Sequoia Bend
(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. 22-06, 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 owner of all land within the boundaries of the proposed landscape and lighting district have filed their consent to the formation of the proposed district, and to the adoption of the Engineer’s Report and the levy of the assessments stated therein.

4. The City Council hereby orders the improvements and the formation of the assessment district described in the Resolution Initiating Proceedings and the Engineer’s Report.

5. The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2023-2024.

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
32 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 November 21, 2022.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
33 Exhibit “A”
Assessment Diagram
Assessment District No. 22-06, City of Visalia, Tulare County, California Sequoia Bend
34 Exhibit “B”
Landscape Location Diagram
Assessment District No. 22-06; City of Visalia, Tulare County, California Sequoia Bend
35 Exhibit “C”
Tax Roll Assessment
Assessment District No. 22-06; City of Visalia, Tulare County, California Sequoia Bend
Fiscal Year 2023-2024
36 Exhibit “C”
Tax Roll Assessment
Assessment District No. 22-06; City of Visalia, Tulare County, California Sequoia Bend
Fiscal Year 2023-2024
37 Exhibit “D”
Engineer’s Report
Assessment District No. 22-06; City of Visalia, Tulare County, California Sequoia Bend
General Description
This Assessment District (22-06, Sequoia Bend) is located south of East of Goshen Avenue between North Cain and North Virmargo Street . Exhibit “A” is a map of Assessment District 22-

06. 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) that 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 138, of which 51 will be assessed for Fiscal Year 2023-2024.

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 costs to maintain the District includes the costs to maintain any 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 schedule: Reclamite on a 5 year cycle, Crack Seal on a 7 year cycle; Cape Seal on a 15 year cycle and Overlays on a 20 year cycle
38 Exhibit “D”
Engineer’s Report
Assessment District No. 22-06; City of Visalia, Tulare County, California Sequoia Bend
The quantities and estimated costs are as follows:

Annual Cost Increase
This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($167,490.56) (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;
39 Exhibit “D”
Engineer’s Report
Assessment District No. 22-06; City of Visalia, Tulare County, California Sequoia Bend
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.

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 $182,564.11 [a 9% increase over the base year assessment of $167,490.56]. The ceiling on the assessment increase for year four would be $193,891.26 [ceiling = ($162,975.34) (1.05) (4-1)]. The assessment would be set at $182,564.11 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 $189,264.33 [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 $193,891.26 [ceiling = ($167,490.56) (1.05) (4-1)]. The assessment would be set at $189,264.33 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 $182,564.11 [a 9% increase over the base year assessment of $167,490.56] and damage occurred to the masonry wall raising the year five assessment to $222,728.21 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $200,820.52, a 10% increase over the previous year and under the ceiling of $203,585.82 [ceiling = ($167,490.56) (1.05) (5-1)]. The difference of $21,907.69 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 based on information obtained from the improvement plans of the subject development.

Jason Huckleberry Date
For City Engineer
40 41
42 43
44 45

CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
DELTA
43°36'22"
8°47'35"
34°48'47"
43°36'22"
17°44'44"
25°51'38"
6°25'37"
18°14'51"
43°36'22"
43°36'22"
37°08'41"
LENGTH
167.44'

33.76'
133.67'
190.27'

77.43'
112.84'

31.41'

89.17'
175.05'
152.21'
110.21'
RADIUS
220.00'
220.00'
220.00'
250.00'
250.00'
250.00'
280.00'
280.00'
230.00'
200.00'
170.00'

CURVE TABLE
CURVE #
C12
C13
C14
C15
C16
C17
C18
C19
C20
C21
C22
DELTA
5°49'05"
31°19'36"
49°25'21"
254°52'43"
158°27'09"
74°43'49"
21°41'45"
25°27'23"
56°23'58"
33°06'45"
23°17'13"
LENGTH

17.26'

92.95'

43.13'
235.77'
146.57'

69.13'

20.07'

22.21'

49.22'

28.90'

20.32'
RADIUS
170.00'
170.00'

50.00'

53.00'

50.00'

CURVE TABLE
CURVE #
C23
C24
C25
C26
C27
C28
C29
C30
C31
C32
DELTA
236°23'58"
52°38'20"
75°22'26"
108°23'12"
89°40'42"
48°11'23"
41°29'19"
90°19'18"
42°07'56"
48°11'23"
LENGTH
218.68'

48.69'

69.72'
100.26'

46.96'

25.23'

21.72'

47.29'

22.06'

25.23'
RADIUS

53.00'

30.00'

30.00'
Radial Table
#
R1
R2
R3
R4
R5
R6
R7
R8
R9
R10
R11
R12
R13
R14
Bearing
N89° 22' 22"E
S82° 56' 45"W
S80° 34' 46"W
S71° 37' 38"W
S64° 00' 50"W
N45° 45' 59"E
N51° 35' 04"E
N82° 54' 40"E
N89° 22' 22"E
S89° 22' 22"W
N39° 57' 02"E
S18° 24' 11"W
N86° 52' 00"W
S65° 10' 15"E
Radial Table
#
R15
R16
R17
R18
R19
R20
R21
R22
R23
R24
R25
R26
R27
Bearing
N89° 22' 22"E
S89° 22' 22"W
N56° 15' 36"E
N32° 58' 23"E
S85° 36' 44"W
S19° 00' 51"E
N89° 22' 22"E
N00° 18' 20"W
S47° 53' 03"W
S89° 22' 22"W
S89° 22' 22"W
S48° 29' 43"E
S00° 18' 20"E
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593 NORTH

VICINITY MAP

NO SCALE

BOARD OF SUPERVISOR'S STATEMENT

CITY CLERK'S STATEMENT

RECORDER'S STATEMENT

SURVEYOR'S STATEMENT

CITY SURVEYOR'S STATEMENT

CITY PLANNER'S STATEMENT

OWNER'S STATEMENT

STATE OF CALIFORNIA/COUNTY OF TULARE

SIGNATURE
MY COMMISSION EXPIRES:

PRINCIPAL PLACE OF BUSINESS: COUNTY
ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC

PRINT NAME
COMMISSION NO.

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.

PERSONALLY APPEARED, _______________________________________ WHO PROVED TO ME

ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE 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.

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY

IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF SAN JOAQUIN VALLEY HOMES. AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. ALL MONUMENTS ARE OF THE CHARACTER AND

OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED WITHIN ONE YEAR OF THE RECORDING OF THIS MAP AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

RANDY D. WASNICK P.L.S. 8163 DATE
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL OF THE PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP

ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

JON CRAWFORD RCE 32935 DATE
I HEREBY STATE THAT THIS FINAL MAP CONFORMS TO THE TENTATIVE SUBDIVISION MAP #5584 APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON 12/13/2021.

BY: PAUL BERNAL, COMMUNITY DEVELOPMENT DIRECTOR/CITY PLANNER DATE

THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THIS _______ DAY OF _____________________, 20______, AN ORDER WAS DULY AND REGULARLY MADE

AND ENTERED INTO APPROVING THIS MAP AND SUBDIVISION AND, ON BEHALF OF THE PUBLIC, ACCEPTING SUBJECT TO IMPROVEMENT, THE PUBLIC STREETS, AND LOTS A, B, C & D; AND ACCEPTING

THE PUBLIC UTILITY EASEMENTS AND THE BLOCK WALL EASEMENTS, ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN UPON THIS MAP.

WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA, THIS DAY OF ,20 . LESLIE B. CAVIGLIA

CITY MANAGER/CITY CLERK
BY: CHIEF DEPUTY CITY CLERK
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 THE SAID BOARD

OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

DATED THIS DAY OF , 20 . JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS BY:

DEPUTY
DOCUMENT NO. FEE PAID
FILED THIS DAY OF , 20_____ , AT M.,

IN VOLUME OF MAPS, AT PAGE TULARE COUNTY RECORDS,AT
THE REQUEST OF 4 CREEKS, INC.

TARA FREITAS, CPA, TULARE COUNTY ASSESSOR/CLERK-RECORDER BY:

DEPUTY

LANDSCAPE & LIGHTING DISTRICT ASSESSMENT

ALL THE REAL PROPERTY INCLUDED IN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP IS INCLUDED IN “ASSESSMENT DISTRICT NO. , CITY OF VISALIA, TULARE COUNTY, CALIFORNIA,” ESTABLISHED PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972.

THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD

TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE

SUBDIVISION SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THE CONSENT OF NO OTHER PERSON IS NECESSARY.

WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:

1. RIGHTS OF WAY FOR O'MALLEY COURT, O'MALLEY STREET, KENNEDY COURT, KENNEDY

STREET, MURRAY AVENUE, SCHOOL AVENUE, AND TRACY STREET IN FEE TO THE CITY OF

VISALIA

2. LOTS A, B, C & D IN FEE TO THE CITY OF VISALIA FOR LANDSCAPING, PUBLIC UTILITIES,

SIDEWALKS, BLOCK WALLS AND OTHER PUBLIC PURPOSES

3. PUBLIC UTILITY EASEMENTS TO THE CITY OF VISALIA FOR THE INSTALLATION AND

MAINTENANCE OF GAS LINES AND CONDUITS FOR ELECTRIC, TELEVISION AND TELEPHONE

SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENT)

4. BLOCK WALL EASEMENTS TO THE CITY OF VISALIA FOR THE INSTALLATION AND MAINTENANCE OF BLOCK WALLS AS SHOWN HEREON AND DESIGNATED AS "BWE" (BLOCK

WALL EASEMENT)
BY: PRESIDO JJR MAPLEWOOD 138, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY JJR MANAGEMENT SERVICES, INC., A CALIFORNIA CORPORATION, ITS OPERATING

MANAGER
BY: JOSEPH A. LEAL, ITS PRESIDENT & SECRETARY DATE
PARCEL 2 AS SHOWN ON LOT LINE ADJUSTMENT NO. 2005-13 AS EVIDENCED BY DOCUMENT RECORDED JUNE 15, 2005 AS INSTRUMENT NO. 2005-0064190 OF OFFICIAL RECORDS

SEQUOIA BEND,
SHEET 1 OF 2

EASEMENTS/DOCUMENTS AFFECTING PROPERTY

1. EASEMENT FOR ROAD PURPOSES IN FAVOR COUNTY OF TULARE, BOOK 5, PAGE 122,

OF RIGHTS OF WAY

2. PUBLIC UTILITY EASEMENT IN FAVOR SOUTHERN CALIFORNIA EDISON, REC. 6/21/1951, AS INSTR. NO. 17771, IN BK. 1527, PG. 385, O.R.T.C.

3. UNDERGROUND WATER PIPELINE EASEMENT IN FAVOR ASSOCIATED NUT GROWERS, REC. 4/10/1984, AS INSTR. NO. 18533, IN BK. 4178, PG. 875, O.R.T.C.

4. PIPELINE EASEMENT IN FAVOR CALIFORNIA WATER SERVICE COMPANY, REC. 4/25/1989, AS INSTR. NO. 22010, IN BK. 4829, PG. 65, O.R.T.C.

5. "CONDITIONAL ZONING AGREEMENT NO. 9504", REC. 7/19/1995, AS FILE NO. 95-045910,

OF OFFICIAL RECORDS

6. EASEMENT FOR RIGHT OF WAY IN FAVOR CITY OF VISALIA, ACCEPTED BY DOCUMENT REC. 6/15/2005, BY GRANT DEED, INSTR. NO. 2005-0064187, O.R.T.C., PIQ
E. GOSHEN AVENUE
E. CENTER AVENUE N. CAIN STREET
STATE HWY 198 N. LOVERS LANE N. BEN MADDOX WAY

CITY OF

VISALIA, CA
E. MAIN STREET

REGISTERED PROFESSIONAL ENGINE
R

STATE OF CAL I FORN IA
JON

GORDON CRAWFORD
CIVIL
32935
EXP________

NOTARY ACKNOWLEDGEMENT
TSM 5584
PM NO. 454 ESTABLISHED THIS LINE AS THE SOUTH LINE OF THE N1/2 OF THE NE1/4 OF THE SW1/4 OF SECTION 28. THE MORE RECENT RECORD OF

SURVEY USES A DEED CALL THAT DOES NOT ASSUME THIS AS AN ALIQUOT LINE. THIS ACCOUNTS FOR THE 0.95' DISCREPANCY BETWEEN THE MEASURED AND RECORD DISTANCES IN THE WEST LINE OF LOT A.

THIS SUBDIVISION MAP ASSUMES THIS LINE AS BEING ALIQUOT IN NATURE.

THE DISTANCE FROM THE FOUND BRASS DISC AT THE CENTERLINE OF CAIN STREET (364.45'), TO ESTABLISH THE SOUTHWEST CORNER OF LOT 'A', WAS HELD PER THE RECORD OF SURVEY.

BOUNDARY NOTE:

FLOOD HAZARD ZONE

AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP (MAP NO. 06107C0934E) FOR COMMUNITY NO. 060409, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIES

PARTIALLY WITHIN ZONE AE, WHICH ARE SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD WITH BASE FLOOD ELEVATIONS DETERMINED AND PARTIALLY WITHIN ZONE X (SHADED) WHICH ARE AREAS OF 0.2% ANNUAL CHANCE FLOODING. THE 1% ANNUAL CHANCE FLOODPLAIN BOUNDARY, BASE FLOOD ELEVATION LINES

AND VALUES AND THE CALCULATED MINIMUM FINISH FLOOR ELEVATIONS ARE SHOWN FOR THE PORTIONS OF THIS MAP THAT LIE WITHIN THE SPECIAL FLOOD HAZARD AREA.

UNIT 1
46 N0° 37' 38"W 200.00'
N89° 22' 22"E 247.88' N89° 22' 22"E 121.14' N89° 22' 22"E 110.00' 113.61' 102.25' 156.44'
135.68' 136.32'
508.06'

10.0' 10.0'
N89° 22' 22"E 256.00'
N89° 22' 22"E 200.23'
110.00' 146.00'

68.00' 68.00' 60.00' 60.00'
110.00' 137.88'
100.11' 100.11' 60.82' 55.00' 55.10' N0° 37' 38"W 110.00' N0° 37' 38"W 110.00' N0° 37' 38"W 110.00'
N89° 22' 22"E 657.14'
316.00' 341.14'

90.00' 260.00' 318.02'
253.58' 25.83'
668.02'
N89° 22' 22"E 544.87'
272.98' 271.90'
C10
R9 N0° 37' 38"W 279.41'

95.00'
C11
C9
N57° 32' 21"W

25.13'
N40° 23' 30"E 19.69'
N42° 24' 22"E 20.47'
N44° 22' 22"E

21.21' N45° 37' 38"W 21.21' N45° 37' 38"W

21.21'
N44° 22' 22"E 21.21'
N45° 37' 38"W

21.21'
N44° 22' 22"E

21.21'
N45° 37' 38"W 21.21' N44° 22' 22"E 21.21' N45° 37' 38"W 21.21' N0° 37' 38"W 253.58' N89° 22' 22"E 561.48'

51.48' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 60.00'

55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 116.48' 55.00' 100.00' 100.00'

50.00' 50.00' 50.00' 45.00' 50.00' 50.00' 50.00' 50.00' 72.08' 50.00' 50.00' 567.08'

85.00' 85.00'
170.00'
463.90'

33.90' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 45.00' N0° 37' 38"W 100.00' N0° 37' 38"W 100.00' N0° 37' 38"W 100.00' N0° 37' 38"W 100.00' N0° 37' 38"W 100.00' N0° 37' 38"W 100.00' N0° 37' 38"W 100.00' N0° 37' 38"W 100.00' N0° 37' 38"W 100.00' N0° 37' 38"W 100.00' N0° 37' 38"W 100.00' N0° 37' 38"W 100.00' N0° 37' 38"W 100.00'
N0° 37' 38"W 100.00'
N0° 37' 38"W 100.00'
N0° 37' 38"W 100.00'
N89° 22' 22"E 121.14'
N89° 22' 22"E 121.14'
N89° 22' 22"E 121.14'
N89° 41' 40"E 150.00' [[150.00']]
248.40'
226.00'

45.00' 68.00' 68.00' 45.00'

95.00' 27.79'
208.58'
251.14'
145.00' 106.14' 60.68' 58.18' 50.00' 50.00' 60.00' 40.47' 243.35'

45.00' 50.00' 50.00'
637.68'

56.15' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00'

50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 56.15' 60.00' 60.00' 42.00'

10.00'
N89° 22' 22"E 110.00'
N89° 22' 22"E 110.00'
N89° 22' 22"E 110.00'
N89° 22' 22"E 110.00'
N89° 22' 22"E 110.00'
N89° 22' 22"E 110.00'
N89° 22' 22"E 110.00'
N89° 22' 22"E 110.00'
N89° 22' 22"E 110.00'
N89° 22' 22"E 110.00'
N89° 22' 22"E 110.00'
N0° 37' 38"W
N0° 37' 38"W 60.00'

90.00' N0° 37' 38"W

45.00'

45.00'
182.98'

91.49' 91.49' 88.84' 85.00'
173.84'

60.00'
136.80' N89° 22' 22"E 110.39'
N0° 18' 00"W 635.93' ((S0° 18' 20"E 634.98'))
613.93'

30.00' 30.00' 30.00' 30.00' 30.00' 30.00' N0° 37' 38"W 31.08' N89° 22' 22"E 592.98'
100.00' 100.00' 106.49' 106.49'
R8
N0° 18' 20"W 8.00'
30'
30'
30'
30'
30'
30'
30' 30'
30'
30'
30'
30'
30' 30'
30' 30'
30' 30' 30' 30'
6' PUE 6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE

GOSHEN AVENUE
N00° 37' 38"W 1338.03' <S0° 38' 00"E 1338.15'> [[1330.83']] 669.01' [[668.00']]
N89° 52' 46"E 1317.24' <<S89° 31' 30"E 1317.75'>> <<S0° 01' 00"W 666.52'>> [[NORTH 665.83']] N0° 35' 39"W 666.54' 501.25' <<501.45'>> 815.99' <<816.30'>>

30.00'

42.00'
1296.03'
N0° 37' 38"W 170.69'
C14
C15
C19
C20
C23
C27
C30
C16
C17
C18
C21
C22
C24
C25
C26
201.18'
164.31'

55.10'

14.20'

40.17'40.45'

58.18'

60.00'
C28
C29
C32
C31
C12
C13
N89° 22' 22"E

13.00'
N89° 22' 22"E

23.00'
R10
R11
R13
R14
R15
R16
R17
R18
R19
R21
R23
R22
R24 R25
R26
R27
6' PUE 6' PUE
6' PUE
6' PUE

10.0'
3 6,061 sf.
4 6,488 sf.
5 7,480 sf.
8 7,973 sf.
9 6,265 sf.
2 5,861 sf.
7 6,488 sf.
6 7,480 sf. 11
7,156 sf.
12 6,057 sf.
13 6,057 sf.
14 7,048 sf.
15 7,263 sf.
19 5,500 sf.
20 5,500 sf.
21 5,500 sf.
22 5,500 sf.
23 5,500 sf.
24 5,500 sf.
25 5,500 sf.
26 5,500 sf.
27 5,500 sf.
48 6,277 sf.
49 6,277 sf. 50
5,888 sf.
40 5,500 sf.
41 5,500 sf.
42 5,500 sf.
43 5,500 sf.
44 5,500 sf.
45 5,500 sf.
46 5,500 sf.
47 5,888 sf.
28 5,888 sf.
29 5,000 sf.
30 5,000 sf.
31 5,000 sf.
32 5,000 sf.
33 5,000 sf.
34 5,000 sf.
35 5,000 sf.
36 5,000 sf.
37 5,000 sf. 38
7,419 sf.
1 6,875 sf. 10
6,776 sf.
17 6,600 sf.
18 6,177 sf.
16 6,585 sf.

MURRAY AVENUE
150.00' 91.31' 120.00' 79.83'
291.14'

10.00' 59.83' 60.17'
2' BWE 2' BWE 2' BWE 2' BWE

SEE DETAIL 'A'

SEE DETAIL 'A' KENNEDY COURT

TRACY STREET

SCHOOL AVENUE

O'MALLEY COURT
STREET
Lot D
953 sf.

Lot C
1,068 sf.

Lot B
14,752 sf.

Lot A
88,496 sf.

KENNEDY
Lot B
14,677 sf.

10.0' 10.0'

42.0' R/W DEDICATION PER GRANT
DEED DOC. NO. 2005-0064187, O.R.
42'
272.00'
30' 30'

1.0' SO. CAL. EDISON EASEMENT REC. 6/21/1951,
DOC. NO. 17771, BK. 1527, PG. 385, O.R.

1.0'
STREET

O'MALLEY
122.79'

42.00'
N00° 37' 38"W 710.02'
N0° 18' 20"W 6.28'
C1
C2
C7
C4
C6
C5
C3
C8
N0° 37' 38"W 13.80'

13.80' 13.80' 30' 30'
R1
R2
R3
R4
R5
R6
R7
R20
51 5,949 sf.
39 7,715 sf.
288.87'
248.40'
140.00'
808.97'
508.06'
N00° 37' 38"W 290.40' [[290.40']]
N00° 37' 38"W 290.40' [[290.40']]
150.00' [[150.00']]
291.14' [[291.14']]
N89° 41' 40"E 1300.96' (N89° 41' 40"E)

FLOOD ZONE AE FLOOD ZONE X
623.93'
42' 42' 42'
R12
150.00'
1136.19' <1136.15'> [N0° 38' 00"W 1136.15']
151.14'
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
FOUND BRASS DISC STAMPED "LS 5985"

PER SEQUOIA HEIGHTS SUBDIVISION

ACCEPTED AS CENTER CORNER
SECTION 28-18/25

BASIS OF BEARINGS

THE NORTH LINE OF THE SOUTHWEST QUARTER
OF SECTION 28-18/25, PER RECORD OF SURVEY
RECORDED IN BOOK 9 OF LICENSED SURVEYS,
AT PAGE 66, T.C.R.

TAKEN AS N89° 41' 40"E
INTERSECTION OF NORTH LINE OF SW1/4 SECTION
28-18/25 AND CENTERLINE CAIN STREET
FOUND BRASS DISC STAMPED "CITY OF VISALIA
CITY ENGINEER"

SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 18 SOUTH, RANGE 25 EAST, MOUNT

DIABLO BASE AND MERIDIAN, IN THE CITY OF VISALIA,

COUNTY OF TULARE, STATE OF CALIFORNIA

SEQUOIA BEND ESTATES
LEGEND
(R)
[ ]
( )

FOUND MONUMENT AS DESCRIBED
SET 3/4" IRON PIPE TAGGED "PLS 8163" DOWN 6IN
SET BRASS DISC FLUSH IN CONC. TAGGED "PLS 8163"
SET 3/4" IRON PIPE TAGGED "PLS 8163" 5.00 FEET

FROM TRUE CORNER ALONG PROPERTY LINE

TULARE COUNTY RECORDS

RADIAL BEARING

SHADED LINE INDICATES SUBDIVISION BOUNDARY

BLOCK WALL EASEMENT

PUBLIC UTILITY EASEMENT
BWE
PUE
< >

RECORD DATA PER RECORD OF SURVEY RECORDED
IN BOOK 9 OF LICENSED SURVEYS, AT PAGE 66, TCR
(OR CALCULATED THEREFROM)
RECORD DATA PER PARCEL MAP NO. 3095,
RECORDED IN BOOK 31 OF PARCEL MAPS, AT PAGE
96, TCR (OR CALCULATED THEREFROM)
RECORD DATA PER LOT LINE ADJUSTMENT NO.
2005-13, RECORDED JUNE 15, 2005, AS DOC. NO.
2005-0064190, O.R. (OR CALCULATED THEREFROM)
RECORD DATA PER PARCEL MAP NO. 2005,
RECORDED IN BOOK 21 OF PARCEL MAPS, AT PAGE 6,

TCR (OR CALCULATED THEREFROM)
RECORD DATA PER PARCEL MAP NO. 474, RECORDED
IN BOOK 5 OF PARCEL MAPS, AT PAGE 74, TCR (OR

CALCULATED THEREFROM)

RECORD DATA PER RECORD OF SURVEY RECORDED
IN BOOK 29 OF LICENSED SURVEYS, AT PAGE 96, TCR
(OR CALCULATED THEREFROM)
60' 60'
TCR

25.0' ACCESS

EASEMENT AND PUBLIC

UTILITY EASEMENT PER
PM NO. 3095
E1/4 CORNER NW1/4, SW1/4 SECT. 28-18/25
FOUND BRASS DISC, FLUSH, STAMPED "CITY
OF VISALIA CITY ENGINEER" PER RS 29-96, TCR
<< >>
(( ))
364.45' ((S89°41'40"W 364.45'))
90°

LOT LINES

TYPICAL WITNESS CORNER

OFFSET WHERE BLOCK

WALL MEETS LOT CURVE
NO SCALE 3FT ALONG
PL (TYP.)
SE CORNER W1/2, NW1/4, SE1/4 SECT. 28-18/25
FOUND 1/2IN I.P. PER PM 21-6, TCR
816.40' <<816.30'>> [[816.30']] 658.69' <N89° 56' 14"W 658.61'> POSITION OF E1/4 COR. SW1/4 SECT. 28-18/25

ESTABLISHED BY INTERSECTION

SEARCHED, NOTHING FOUND
501.33' <<501.27'>>
N89° 56' 49"W 1,976.42' <<N89° 20' 30"W>>
669.01' [[668.00'±]]
[[ ]]

REMAINDER PARCEL
517,996 sf.
(11.89AC)

CITY OF VISALIA
LOT 7 PM NO. 474
(5 PM 74)
POSITION OF SE COR. LOT NO. 2 OF PM NO. 474

ESTABLISHED BY SINGLE PROPORTION

SEARCHED, NOTHING FOUND
SW COR. NE1/4, SW1/4 SECT. 28-18/25

FOUND CITY OF VISALIA BRASS DISC, FLUSH
PARCEL PM NO. 3095
(31 PARCEL MAPS 96)
SHEET 2 OF 2

DETAIL 'A'

5.0' 2.0' BWE

2.0' BWE

CUL DE SAC
TSM 5584

SEE BOUNDARY
NOTE ON SHEET 1
308.04' [308.00']
201.84' <202.00'>
FOUND 1/2IN I.P., NO TAG,
ACCEPTED AS NW COR. PARCEL 1
OF PM NO. 2005, DOWN 14IN
FOUND 1/2IN I.P., ACCEPTED AS NW. COR
PARCEL 2 OF PM NO. 3095, NO TAG, FLUSH

BASIS OF BEARINGS
47 Aerial Map
E Main St
N
C
a
ni St E Goshen Ave
S
C
ain
St
S
D
u
n
w
orth
St
E Finni Ct
E Janelli Ct

SEQUOIA BEND
0 180 360 540 720 90
Feet
Legend
City Limits
Streets

PARCELS
Subject Property
48 Location Map
E Main St
N
C
a
ni St E Goshen Ave
E Finni Ct
E Janelli Ct

SEQUOIA BEND
0 180 360 540 720 90
Feet
Legend
City Limits
Streets

PARCELS
Subject Property
49 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0425 Agenda Date: 11/21/2022 Agenda #: 5.

Agenda Item Wording:

Authorization to accept the California Department of Alcoholic Beverage Control’s ABC-OTS Grant Program funded by The Office of Traffic Safety (OTS) through the National Highway Traffic Safety Administration (NHTSA) and authorize the Chief of Police to execute and appropriate $30,000 in overtime expenditures for details targeting alcohol-related crimes through enforcement, education, and compliance checks with businesses engaged in the sale of alcohol in the city of Visalia. In addition, adopt Resolution 22-xx for the administration of the grant.

Deadline for Action: 11/10/2022
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]> ; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]> ; Lieutenant Celeste Sanchez, ext.4573 [email protected] <mailto:[email protected]> ; Sergeant Mark Feller, ext. 4083, [email protected] <mailto:[email protected]>
Department Recommendation:

Authorization to accept the Department of Alcoholic Beverage Control’s ABC-OTS Grant Program funded by The Office of Traffic Safety through the National Highway Traffic Safety Administration and authorize the Chief of Police to execute an agreement related thereto, and appropriate $30,000 toward overtime expenditures for details targeting alcohol-related crimes through enforcement, education, and compliance checks with businesses engaged in the sale of alcohol in the City of Visalia. The grant is effective from October 1, 2022, through September 31, 2023. The grant requires a Resolution 22-xx for the administration of the grant.

Summary:

The Visalia Police Department plans on utilizing the funds to provide staffing and resources for 1 year focusing on enforcement and training campaigns aimed at reducing sales of alcoholic beverages to minors at ABC licensed businesses. The Department's objectives are to increase compliance through educational outreach, reducing calls for service and incidents related to alcohol sales to minors, and an increase in merchant and public awareness regarding underage drinking. The Visalia Police Department will utilize media outlets to create merchant and public awareness. The Department plans to achieve these objectives by: (1) Providing education to ABC licensed establishments through the IMPACT program; (2) conducting an education/information campaign through media and social media outlets; (3) conducting enforcement details using the best and most promising practices, and (4) training law enforcement officers regarding ABC enforcement and procedures.

The Visalia Police Department is committed to providing all necessary staff and resources to ensure Visalia City Council Page 1 of 3 Printed on 11/18/2022
powered by Legistar™ 50
File #: 22-0425 Agenda Date: 11/21/2022 Agenda #: 5.

The Visalia Police Department is committed to providing all necessary staff and resources to ensure that the grant is effectively managed. All proposed personnel assigned to manage this grant have lengthy experience in the writing, managing, and executing of grant projects. The Visalia Police Department will utilize a Sergeant to supervise the grant and up to (4) Visalia Police Department Officers to assist with the required enforcement and compliance operations. The officers assigned to assist with the grant are experienced with ABC enforcement and compliance.

Background Discussion:

On August 2, 2022, staff was notified by the California Department of Alcoholic Beverage Control (ABC) of the ABC-OTS Local Enforcement Grant solicitation process. Staff submitted the application on August 30, 2022 and received notice of the grant award on October 4, 2022.

The City of Visalia has 192 on-sale retail establishments and 110 off-sale establishments totaling 302 ABC licensed establishments in the City.

This grant, in cooperation with ABC Agents and Visalia Code Enforcement Officers, enhances the resources available for a compliance, enforcement, and education campaign aimed at reducing alcohol-related crimes and the sale of alcohol to minors at the 302 ABC licensed establishments with the City of Visalia. These grant operations by the Department have been successful in the past. The Department’s expectations are to achieve a reduction in calls for service, incidents, and crimes related to alcohol sales to minors as well as an increase in merchant and public awareness regarding underage drinking.

Fiscal Impact:

Appropriate $30,000 in the General Fund Police Department Budget for overtime to be reimbursed by the grant. The ABC Grant cannot supplant budgeted expenditures. The Sergeant assigned to manage this grant was required to attend an ABC training on October 20, 2022, which will also be reimbursed by this grant.

Prior Council Action: N/A
Other: N/A
Alternatives: Do not accept the Grant award.

Recommended Motion (and Alternative Motions if expected):

Authorization to accept the California Department of Alcoholic Beverage Control’s ABC-OTS Grant Program funded by The Office of Traffic Safety (OTS) through the National Highway Traffic Safety Administration (NHTSA) and authorize the Chief of Police to execute the agreement and appropriate $30,000 in overtime expenditures for details targeting alcohol-related crimes through enforcement, education, and compliance checks with businesses engaged in the sale of alcohol in the City of Visalia. In addition, adopt Resolution 22-xx for the administration of the grant. ..end Environmental Assessment Status: N/A
CEQA Review: N/A
Visalia City Council Page 2 of 3 Printed on 11/18/2022
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File #: 22-0425 Agenda Date: 11/21/2022 Agenda #: 5.

Attachments: Award Letter & Resolution.

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RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA

AUTHORIZING THE VISALIA POLICE DEPARTMENT

TO USE ABC-OTS LOCAL GRANT FUNDS AS RESOLVED BELOW
WHEREAS, The City of Visalia desires to accept ABC-OTS Local Enforcement Grant from the California Department of Alcoholic Beverage Control’s (ABC), funded by the Office of Traffic Safety (OTS), through the National Highway Traffic Safety (NHTSA ) in the amount of $30,000. The Visalia Police Department will utilize the funds for Minor Decoy Program, Shoulder Tap Program, IMPACT Program and Holiday Enforcement effective October 1, 2022 thru August 31, 2023.

NOW, THEREFORE, BE IT RESOLVED that the Chief of Police for the City of Visalia is authorized to execute on behalf of the Council of the City of Visalia the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto.

IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability.

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

PASSED AND ADOPTED: November 21, 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 foregoing is the full and true Resolution 2022-xx passed
and adopted by the Council of the City of Visalia at a regular meeting held on November 21, 2022
Dated: Leslie Caviglia, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk
63 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0426 Agenda Date: 11/21/2022 Agenda #: 6.

Agenda Item Wording:

Authorize the appropriation of $45,056 for FY 2022/23 and $34,922 for FY 2023/24 of the California Healthcare, Research, and Prevention Tobacco Tax Act Grant award totaling $101,746. The Grant is effective July1, 2021, through June 30, 2025.

Deadline for Action: 11/10/2022
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]> ; Lieutenant Celeste Sanchez, ext. 4573, [email protected] <mailto:[email protected]> ; Financial Analyst Liz Ybarra, ext. 4250 , [email protected] <mailto:[email protected]> ; Sergeant Bill Diltz, ext. 4160, [email protected] <mailto:[email protected]> Department Recommendation:

Summary:

The Visalia Police Department was awarded the California Healthcare, Research and Prevention Tobacco Tax Act Grant from the California Department of Justice (DOJ) on November 18, 2021. The DOJ provides participating agencies the overtime funds, equipment, resources, and training necessary to educate minors, enforce state and local laws regarding tobacco sales to minors, and conduct retailer enforcement. The grant will supply funding for the Department to conduct a variety of enforcement and education actions, including but not limited to: minor decoy operations, shoulder tap operations, educational presentations, and retailer training. All of which will be directed at the sales of tobacco products to minors.

Background Discussion:

Through enforcement strategies, compliance checks, and training of retailers, the dangers of tobacco use/consumption by minors is important to the Visalia Police Department. The grant is dedicated to enforcing the rising concern of sales of tobacco to minors. Operations will be conducted at locations throughout the City of Visalia that have had complaints of minors buying/using tobacco, locations known to sell to minors, and other criteria. Tobacco and vaping products have become increasingly popular among minors and have been proven to cause health problems. The Tobacco Tax Act Grant is designed to help law enforcement focus on businesses that have been selling these products to the youth within the city.

Fiscal Impact:

Visalia City Council Page 1 of 2 Printed on 11/18/2022
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File #: 22-0426 Agenda Date: 11/21/2022 Agenda #: 6.

Appropriate year two and three of the grant in the amount of $45,056 for FY 22/23 and $34,922 for FY 2023/24 in the Police Department General Fund Operating Budget. This includes a budget modification that was approved for unused funds from FY 21/22 in the amount of $11,151 to roll forward to FY 22/23 allotment. The Grant was approved only for staff overtime and benefits of Workers Compensation and Federal Insurance Contributions Act (FICA) for reimbursement. The grant is effective through June 30, 2025. Staff can submit up to three (3) budget modifications per fiscal year but is limited to moving funds from one (1) fiscal year to another.

Prior Council Action: Council Report 2/7/2022 accepting the Grant and year 1 budget.

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

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Revised Budget and Award letter.

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72 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0378 Agenda Date: 11/21/2022 Agenda #: 7.

Agenda Item Wording:

Authorize City manager to award an annual janitorial supplies contract, not to exceed $185,500 annually, to Home Depot Institutional. The City will piggy-back on the Omnia contract with the University of California contract #2020002299.

Deadline for Action: 11/21/2022
Submitting Department: Community Services
Contact Name and Phone Number: Joe Cote, Facilities Maintenance Superintendent, [email protected], 713-4525. Alvin Dias, Parks and Facilities Manager, [email protected], 713 -4564. Kelli Kincaid, Parks and Recreation Director, 713-4042.

Department Recommendation: It is recommended that the City Council award the annual janitorial supplies contract to Home Depot Pro for the Building Maintenance Division, Parks Maintenance Division and Visalia Animal Care Center. The City will be piggy backing on University of California Omnia contract #2020002299 effective date June 1, 2020 through May 31, 2027. The City of Visalia will be utilizing the contract on an annual basis, with a not to exceed amount of $ 185,500 per year, beginning November 21,2022, through June 1, 2023, with the option to renew for four one-year periods upon providing satisfactory performance and as mutually agreed.

Background Discussion: The City is currently piggy backing on a contract with Fresno Unified School District that expires on October 31,2022 this contract is with Interline Brands dba Home Depot Pro. This contract is through Omnia Partners government/ nonprofit customers group purchasing program that is experienced in providing this type of service. The City has been using Home Depot pro to supply all current janitorial supply needs for the last four years since the merger of Supplyworks and Home Depot pro.

Fiscal Impact:

Building Maintenance Division, Parks Maintenance Division and Visalia Animal Care Center will be using this contract with Home Depot pro and have individually budgeted sufficient funds for their purchases.

Prior Council Action: None
Other: N/A
Visalia City Council Page 1 of 2 Printed on 11/18/2022
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File #: 22-0378 Agenda Date: 11/21/2022 Agenda #: 7.

Alternatives: Alternative would be to go out to bid for the specific products used repeating the work already done by the University of California.

Recommended Motion (and Alternative Motions if expected):

Move to award the annual janitorial supplies contract to Home Depot pro a USA Company. Piggy backing on the University of California contract #2020002299 effective 11/21/2022, through 5/31/2023, with the option to renew annually for 4 one-year periods.. With the contracts being used by the Building Maintenance Division, Parks Maintenance Division, and Visalia Animal Care Center and not to exceed $185,500 annually.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Purchase order, University of California contract #2020002299, Omnia Partners information sheet, University of California summary sheet Visalia City Council Page 2 of 2 Printed on 11/18/2022
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Quote Detail
Customer: CITY OF VISALIA336
Customer ID: 788347
Quote ID: 38832619
Quote Description: PRICING
Quote Date: 6/2/2022
Shipped To:
336 N BEN MADDOX
BUILDING MAINTENANCE VISALIA, CA 93291
Subtotal $2,364.08
Tax $200.95
Shipping $0.00
Handling $0.00
Total $2,565.03
Item Number Description Unit Price Qty.

Unit of
Measure Price
203759588 ZEP 14 oz. Stainless Steel Polish $10.85 1 Each $10.85 2470698 Energizer D Alkaline Industrial Battery (12Pack) $13.74 1 Pack $13.74 309330283 Renown HalfFold Toilet Seat Paper CoverVirgin $31.20 1 Case $31.20 309330284 Renown HalfFold Toilet Seat Paper CoverRecycled $31.20 1 Case $31.20 311479381 Appeal 13 in. Plastic Lobby Dust Pan $8.90 1 Each $8.90 311535529 Renown Medium Toliet Brush (6Pack) $10.26 1 Pack $10.26 312373216 Renown 5 in. Headband Large Blue Blend Looped String Mop (2Pack)
$9.74 1 Pack $9.74
312698337 Sanitaire Tradition Upright Commercial 7.0 Amp Vacuum Cleaner
$276.50 1 Each $276.50
318355277 Blended Cotton Synthetic Replacement String Mop Large Loop Mop Head
$8.63 1 Each $8.63
318355296 Blended Cotton Synthetic Replacement String Mop Large Loop Mop Head
$8.63 1 Each $8.63
318357013 Blended Cotton Synthetic Replacement String Mop Large Loop Mop Head Green
$8.63 1 Each $8.63
880835 Old English 12.5 oz. Lemon Scent Liquid Furniture Polish Aerosol Can (12 per Pack)
$7.11 1 Each $7.11
AWP80580 Optima Premium White Split Core 2Ply Bath Tissue (580 Count)
$52.00 1 Case $52.00
BET1784700 Betco pH7 Ultra Cleaner/Degreaser (4 Per Case) $91.00 1 Case $91.00 BET1840400C Betco 128 oz. Extreme Stripper $101.95 1 Case $101.95 BET3154700 Betco AF315 2 l BIB Citrus Floral Disinfectant (4Pack) $56.76 1 Case $56.76 BET4251200 Betco FiberPRO Spot Bet Spot and Stain Remover (Case of 12)
$43.68 1 Case $43.68
CLO30966 Clorox 121 oz. CloroxPro Concentrated Germicidal Bleach $22.62 1 Case $22.62 CLO31036 Clorox 32 oz. Urine Remover for Stains and Odors Spray $50.49 1 Case $50.49 CSM36340414 Carlisle Sanitary Maintenance FloPac Round Duster with Soft Flagged PVS Bristles in Blue
$4.32 1 Each $4.32
CSM4065000 Carlisle 12 in. Flagged Angle Broom $9.77 1 Each $9.77 ELE63213B Sanitaire ST Synthetic Premium Allergen Bag $17.33 1 Pack $17.33 GLS99200401 Renown 1 Gal. Innovation Finish Floor 35% Solids $70.00 1 Case $70.00 GPT89420 enMotion 8 in. White 1Ply Towel Roll (6Rolls per Case) $61.87 1 Case $61.87 HOSHG1S Health Gard's Toilet Seat Covers Smoke Dispenser $14.65 1 Each $14.65 HOSKL260 71/2 in. x 31/2 in. x 10 in. Kraft Waxed Paper Liners for Sanitary Napkin Receptacles Bags Brown (500 Per Case)
$19.09 1 Case $19.09
OMNIA Partners
Contract # 2020002299
124
Item Number Description Unit Price Qty.

Unit of
Measure Price
IMP600990 IMPACT Trigger Sprayer Chemical Resistant $2.02 1 Each $2.02 JWP04705 1 Qt. Glass and Surface Cleaner $27.72 1 Case $27.72 JWP94512759 Profi 1 Gal. Floor Cleaner $77.56 1 Case $77.56 KCC01807 Scott White 100% Recycled Fiber MultiFold Paper Towels (16 Clips/Case, 250Sheets/Clip, 4,000 Towels/Case)
$28.09 1 Case $28.09
KCC34790 WypAll X60 White PopUp Wipers (126Count) $64.37 1 Case $64.37 KCC41455 WYPALL X70 White Extended Use Reusable Cloths PopUp Box (10Packs/Case, 100Sheets/Pack, 1,000
Sheets/Case)
$74.43 1 Case $74.43
KUT69041 HEALTH GUARD 1000 ml Foaming Luxury Hand Soap (6 per Case)
$42.72 1 Case $42.72
MMM08251 3M 6.1 in. x 3.6 in. LightDuty Scrub Sponge $36.60 1 Case $36.60 MMM08379 3M 17 in. Black Stripping Pads (5 Per Carton) $22.35 1 Case $22.35 MMM08382 3M 20 in. Black Stripping Pads (5 Per Carton) $28.95 1 Case $28.95 MMM19008 3M 20 in. Natural Blend Tan Floor Pad (5Count) $28.15 1 Case $28.15 PGC21620 Swiffer 360Degree Unscented Disposable Duster Refill (6 Pack)
$13.80 1 Box $13.80
PGC37109 Swiffer Sweeper Disposable Refill Cloths (16Pack) $9.24 1 Box $9.24 PGC73163 Comet 32 oz. Creme Deodorizing Cleanser with Bleach $47.70 1 Case $47.70 PGC82074 Swiffer Microfiber Dusters Extender Starter Kit $17.82 1 Box $17.82 PTE103483 ProTeam Intercept Micro Filter for ProTeam ProForce and ProCare Upright Vacs (10Pack)
$8.47 1 Pack $8.47
RCP264900GY Rubbermaid Commercial Products Brute 44 Gal. Maid Caddy
$31.30 1 Each $31.30
RCP631000WH Rubbermaid Commercial Products 10 in. Plastic Toilet Brush in White
$2.12 1 Each $2.12
RCP757788YL Rubbermaid Commercial Products Wave Brake 35 Qt.

Yellow DownPress Combo Mop Bucket and Wringer
System
$126.74 1 Each $126.74
REN02042 Renown 14 in. Red Buffing Floor Pad (5Count) $10.80 1 Case $10.80 REN03119 Renown Wave 3D Spiced Apple Urinal Scrren (10 per Box) $129.60 1 Case $129.60 REN03954 Renown 10 in. Blue Deck Scrub Brush (12 per Case) $6.52 1 Each $6.52 REN05005AM Renown 15 oz. Oil Based Aerosol Stainless Steel Cleaner $66.72 1 Case $66.72 REN05141 Renown 32 oz. Plastic Spray Bottle with Graduations in Blue Ink
$0.53 1 Each $0.53
REN06125WB Renown OptiCore 2Ply Toilet Paper (865 Sheets per Roll 36 Rolls per Case)
$45.91 1 Case $45.91
REN08061 Renown Vacuum Bag for Karcher Cv30/1, Cv38/1 and Cv48/Nss Pacer 12 10 Bags/Pack Equivalent To 69042940, K6904294
$9.96 1 Pack $9.96
REN11510CA Renown 24 in. x 33 in. 15 Gal. 8 mic Natural Institutional Can Liner (50 per Roll, 20Rolls per Case)
$30.46 1 Case $30.46
REN13315CA Renown 33 Gal. 16 mic 33 in. x 40 in. Natural Can Liner (25 per Roll, 10Roll per Case)
$24.49 1 Case $24.49
SMP13005 Simple Green ALL PURPOSE CONCENTRATED CLEANER, GALLON, SASSAFRAS SCENT
$72.72 1 Case $72.72
SPA311004 CX3 BioAssist CX3 BioAssist 1 Gallon Floral Scent Carpet Cleaner
$54.00 1 Case $54.00
SPA710612 Spartan Chemical Co. NABC 1 Quart Floral Scent Restroom Disinfectant
$24.24 1 Case $24.24
125
Item Number Description Unit Price Qty.

Unit of
Measure Price
SPA749604 NABC NABC 1 Gallon Floral Scent Restroom Disinfectant $37.24 1 Case $37.24 TRANLG400 Ambitex Large Royal Blue 3 Mil Nitrile PowderFree Select Exam Gloves (100 per Box)
$8.60 1 Box $8.60
TRANMD400 Ambitex Medium Royal Blue 3 Mil Nitrile PowderFree Select Exam Gloves (100 per Box)
$8.60 1 Box $8.60
TRANXL400 Ambitex XLarge Royal Blue 3 Mil Nitrile PowderFree Select Exam Gloves (100 per Box)
$8.60 1 Box $8.60
TYC1548844 Berry Plastics 40 Gal. to 45 Gal. 1.2 mil 40 in. x 46 in. Blue Recycling Can Liner (20Bags per Rolls, 5Rolls per Case) $35.66 1 Case $35.66
TYCHR404819B Berry Plastics 45 Gal. 19 mic 40 in. x 48 in. Black HighDensity Trash Bags (25 per Roll, 8Rolls per Case)$33.54 1 Case $33.54 WIN5300CS Karcher Sensor and Versamatic Bags Parts in Black (10 Pack)
$24.82 1 Pack $24.82
Subtotal $2,364.08
Tax $200.95
Shipping $0.00
Handling $0.00
Total $2,565.03
Questions about this quote?
Contact our Customer Service representatives at 18664126726 126 The Home Depot®
and The Home Depot Pro™ Institutional have fi ve
independent contracts for OMNIA Partners government/nonprofi t customers.

Key Features & Benefi ts
• Dedicated Pro services
• Pro associates with specialized training and expertise • Pro Desks for in-store service when you need it
• Pro phone numbers and lines at every store
• Pro parking reserved daily
• Pro loaders ready during peak hours
• Buy online at HomeDepot.com and pick up in store
• The best products and brands for pro-grade applications and installations
• Tiered annual rebates with free registration in Pro Xtra Key Features & Benefi ts
• Discount schedule featuring discounts on everyday low pricing • A large assortment of stocked janitorial and MRO products ready for ordering via our customized contract website:
uscmro.supplyworks.com
• The Home Depot ProPurchase program, which allows customers to use their existing account for in-store purchases at any Home Depot store
• Fast, reliable delivery from our 68 distribution centers nationwide • A suite of customizable Services and Business Tools, including:
• Building Assessment Tool
• Cleaning Performance Index
• Video Training Portal
• On-Site Training
• StockWise® Inventory Management Solutions
HomeDepot.com
1-866-333-3551
HomeDepotPro.com/Institutional
1-866-412-6726
MPM-15092
Local, dedicated account representatives who
specialize in government and commercial properties
In-store service at more than 2,000 locations
nationwide with walk-in-and-buy convenience
127
We offer fi ve independent contracts to best serve your unique needs.

Account Setup
& Sales Tracking
Process
Participant
Benefi ts
Where to Buy
Purchases completed through
The Home Depot Pro sales
team, online and dedicated
punchout site
Account representatives line
up existing accounts to OMNIA
Partners discounted pricing/
program
Ability to participate in best
government pricing product
category discounts across all
products
• 18 product categories with
117 subcategory discounts
off list (0%-15% range)
Purchases completed through
The Home Depot Pro sales
team, online and dedicated
punchout site
Account representatives
line up existing accounts to
OMNIA Partners discounted
pricing/program
Ability to participate in best
government pricing product
category discounts in JanSan
JanSan Contract Awarded by
Fresno USD
Contract Number: 17-21
University of CA Contract
2020002299 (Higher Ed)
MRO Contract Awarded
by Maricopa County
Contract Number: 16154
HomeDepot.com
1-866-333-3551
HomeDepotPro.com/Institutional
1-866-412-6726
MPM-15092
Purchases completed at local
stores, online and punchouts
• Retail pricing
• Tender registration is required
annually for rebate awards
• 100% of sales are tracked,
except D24 (Paint)
• Monthly reporting
Access to volume pricing and
other in-store offerings, as well
as annual rebates of:
• $10K – 1%
• $25K – 2%
• $100K – 5%
Purchases completed at local
stores, online and punchouts
• Retail pricing for D24 (paint)
only
• Tender registration is required
annually for rebate awards
• 100% of sales are tracked
for D24 (Paint)
• Monthly reporting
Access to ProPaint rewards,
as well as annual rebates of:
• $10K – 1%
• $25K – 2%
• $100K – 5%
Paint Contract Awarded
by Maricopa County
Contract Number: 170009
MRO Contract Awarded
by Maricopa County
Contract Number: 16154
These two Home Depot contracts will be aggregated for a participant’s annual rebate. 128
129
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0432 Agenda Date: 11/21/2022 Agenda #: 8.

Agenda Item Wording:

Request by Councilmember Liz Wynn for Council to approve adding an agenda item for discussion regarding a formal policy regarding short term rental properties in the City of Visalia.

Deadline for Action: n/a
Submitting Department: Administration
Contact Name and Phone Number: Councilmember Liz Wynn 713-4400 ext. 2313 Department Recommendation:

Councilmember Liz Wynn requests for Council to approve adding an agenda item for discussion regarding a formal city policy regarding short term rental properties.

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.

Alternatives: To not approve the request to consider this matter 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
Visalia City Council Page 1 of 1 Printed on 11/18/2022
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0433 Agenda Date: 11/21/2022 Agenda #: 9.

Agenda Item Wording:

Authorization for the Mayor to sign a letter to be sent to the appropriate State and Federal representatives and agencies in support of Kaweah Health and their request for State support.

Deadline for Action: 11/21/2022
Submitting Department: Administration
Contact Name and Phone Number: Leslie Caviglia, City Manager, 713-4332 Department Recommendation: It is recommended that the Visalia City Council authorize the Mayor to sign a letter of support of Kaweah Health, the local hospital district, for financial assistance in light of the long term repercussions many hospitals are dealing with from the pandemic, and that relief be provided regarding the mandated seismic standards being placed on hospitals in California.

Background Discussion:

Gary Herbst, Chief Executive Officer of Kaweah Health, recently sent a letter (copy attached) to the Governor, which was also published in the local newspaper and received coverage from news agencies throughout the Country. In the letter, he asked the Governor to dedicate one-time funding to help assist district hospitals in their financial recovery efforts, reform Medi-Cal reimbursement to more appropriately cover the patient care costs, and to provide an exemption, or significant modification, to the State mandated seismic compliance requirements that must be met by 2030.

In the letter, Herbst noted that the hospital had lost $127 million through September, 2022 and while offset in part by federal Provider Relief Funds of $61 million, many California District hospitals continue to lose money, including Kaweah Health which has lost $29 million in the past three months.

Herbst noted the losses come from restrictions on hospitals during the peak of the pandemic but continue because there is a decline in patient volume as some people still fear coming to the hospital, a dependence on highly-expensive contract labor required to cover nursing shifts, the high cost of overtime and extra-shift bonuses to meet patient demand, and high inflation.

In addition, Kaweah Health is facing the 2030 deadline to comply with state mandated seismic requirements which are estimated to cost at least $730 million to meet, despite the hospital being in one of the lowest seismic-risk areas in the state. Herbst noted that without an exemption from or significant modification to this mandate, Kaweah Health may be forced to close many of its beds and services.

Kaweah Health is the major hospital in Tulare County providing over 600 patient beds and seeing 81,000 in the ER annually.

Having quality health care including a viable hospital is imperative in a community the size and Visalia City Council Page 1 of 2 Printed on 11/18/2022
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File #: 22-0433 Agenda Date: 11/21/2022 Agenda #: 9.
complexity of Visalia, and important in the effort to recruit quality employers and employees to the area.

Fiscal Impact:

None
Prior Council Action: None
Other: None
Alternatives: To not send a letter of support.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the Mayor to sign a letter of support for Kaweah Heath to be sent to the appropriate Federal and State representatives and agencies.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Letter from CEO Herbst
Visalia City Council Page 2 of 2 Printed on 11/18/2022
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400 West Mineral King Avenue · Visalia, CA · (559) 624 2000 · www.kaweahdelta.org November 7, 2022
Governor Gavin Newsom
1021 O Street, Suite 9000
Sacramento, CA 95814
Re: Kaweah Delta Health Care District’s Request for Financial Assistance Dear Governor Newsom:

District hospitals and the teams behind them – doctors, nurses, medical providers, etc. – have been “good soldiers” over the course of this pandemic. They have provided heroic, selfless care to their communities, but they are now suffering deeply and need your help. The COVID-19 pandemic, and its aftermath, have brought District hospitals to the brink of financial collapse. Without your help, soon it will be virtually impossible for Medi-Cal patients to receive anything but emergency medical care in the State of California.

My name is Gary Herbst and I am the Chief Executive Officer of the Kaweah Delta Health Care District (“Kaweah Health”), a political subdivision of the State of California, and the largest of the 33 district hospitals still operating in California. I will use Kaweah Health to illustrate the dire situation that district hospitals currently face.

This public, community-owned, 613-bed hospital and health system located in Visalia, California, in the County of Tulare, serves a two-county population of approximately 600,000 people and is situated in the heart of California’s agricultural basin—the Central Valley. With almost 60% of Tulare County’s population enrolled in the State’s Medicaid program (“Medi-Cal”), Tulare County ranks number one out of the State’s 58 counties. Not surprisingly, Tulare County, and many of its neighboring counties, also rank worst in the State in number of physicians per 1,000 population; access to clinical care; premature death; overall health outcomes; health behaviors; and number of persons under 18 years old living in poverty.

Despite being an incredibly-busy hospital each year (seeing 81,000 patients in our ER; more than 112,000 in our urgent cares; more than 124,000 in our clinics; delivering more than 4,500 babies; and performing almost 10,000 surgeries), and one that is considered efficient, cost-effective, and awardwinning (in February, Healthgrades will name us as one of the nation’s top 100 hospitals in the U.S.), the pandemic has been financially devastating. Since the pandemic arrived, Kaweah Health has:
• Sustained a cumulative operating loss (total revenues minus expenses) of $127 million (through September 30, 2022), offset in part by federal Provider Relief Funds of $61 million; • Lost $29 million from operations in the first three months of our fiscal year; • Witnessed our cash reserves plummet from 130 days cash on hand at the start of the pandemic to just 84 days cash on hand (September 30, 2022); and, • Learned we will soon be in default on over $200 million in revenue bond debt, far from our pre-pandemic position as one of the financially-strongest hospitals in the Valley with a credit rating of A3 from Moody’s Investors Service.
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Governor Gavin Newsom
November 7, 2022 Page 2 of 2
400 West Mineral King Avenue · Visalia, CA · (559) 624 2000 · www.kaweahhealth.org The cause of our financial condition is multi-factorial:
• The repeated closure of elective surgeries and procedures over the course of the pandemic in compliance with the State’s executive order;
• Steep declines in patient volumes as people feared and still fear coming to the hospital; • The care and treatment of thousands of severely-sick COVID-19 patients with virtually zero increase in reimbursement rates from Medicare, Medi-Cal or commercial payers (at one time, Kaweah Health had more COVID-19 inpatients in its hospital than any other hospital in the State);
• An unprecedented dependence on highly-expensive contract labor to fill hundreds of workforce vacancies ($81 million spent since March 2020; we currently have 240 traveler nurses and 500 employee vacancies);
• Tens of millions spent on overtime and extra-shift bonuses; and, • Some of the highest inflation rates we have ever experienced resulting in the skyrocketing cost of drugs, supplies, food, energy and every other resource that goes into taking care of a patient.

Sadly, with virtually no hope for further COVID relief funds from either the federal or State government, we are faced with no choice but to begin laying off staff (likely in the hundreds), closing services (we just announced to staff that we are closing our skilled nursing unit and our neurosciences clinic), stopping elective surgeries and procedures that are provided at a loss (largely affecting the Medi-Cal population), and taking any and all other steps necessary to stem our losses. It is gutwrenching and agonizing to say the least.

As a further result of our current financial crisis, our plans to achieve the State’s mandated seismic compliance by the year 2030 have evaporated. We do not have the funds to build the $730 million, 10- story patient tower to replace over 200 non-compliant acute care inpatient beds, surgical suites, and our pharmacy, dietary/cafeteria and PACU, all located in downtown Visalia in a building built in 1969.

While this building lies within one of the lowest seismic-risk areas in the State, we have been granted no relief from the requirements of SB1953. Without an exemption from or significant modification to SB1953, Kaweah Health will be forced to close many of its beds and services.

Governor, I’m delighted that our State government has been able to generate close to a hundred billion dollar budget surplus this past year, but I implore you, please remember the “good soldiers” of your State’s district hospitals. In appreciation of their selflessness, please dedicate one-time funding to help assist district hospitals in their financial recovery efforts and reform Medi-Cal reimbursement so that we can avoid disparities in the care of your poorest Californians. Thank you.

Sincerely,
Gary K. Herbst
Chief Executive Officer
Kaweah Delta Health Care District
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0399 Agenda Date: 11/21/2022 Agenda #: 1.

Agenda Item Wording:

Deadline for Action: 12/31/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Jason Huckleberry, Asst Com Dev Director, 713-4495 [email protected] <mailto:[email protected]> Val Garcia, Senior Plans Examiner, 713-4426, [email protected] <mailto:[email protected]> Corbin Reed, Fire Marshal, 713-4272, [email protected] <mailto:[email protected]> Paul Bernal, Community Development Director, 713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the City Council receive information regarding the first reading of Ordinance No. 2022-14 to adopt the 2022 California Fire Code, and Ordinance No. 2022-15 to adopt the 2022 California Administrative Code, 2022 California Referenced Standard Code, 2022 California Building Code, 2022 California Plumbing Code, 2022 California Mechanical Code, 2022 California Electric Code, 2022 California Historical Building Code, 2022 California Existing Building Code, 2022 California Residential Code, 2022 California Green Building Standards Code, and 2022 California Energy Code. The recommended action will initiate building code updates as recently mandated by the State of California.

Background Discussion:

Every three years, the State adopts new codes (known collectively as the California Building Standards Code) to establish uniform standards for the construction and maintenance of buildings, electrical systems, plumbing systems, mechanical systems, and fire and life safety systems. These codes have been updated for 2022, the prior update was in 2019, and the attached ordinances are being passed to update the references in the Visalia Municipal Code to the applicable statewide standards. On July 1, 2022 the State of California, Building Standards Commission published the 2022 California Fire Code (CFC), 2022 California Administrative Code, 2022 Referenced Standard Code, 2022 California Building Code (CBC), 2022 California Plumbing Code (CPC), 2022 California Mechanical Code (CMC), 2022 California Electric Code (CEC), 2022 California Historical Building Code, 2022 California Existing Building Code, 2022 California Residential Code (CRC), Visalia City Council Page 1 of 3 Printed on 11/18/2022
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File #: 22-0399 Agenda Date: 11/21/2022 Agenda #: 1.
2022 California Green Building Standards Code (CAL Green), and 2022 California Energy Code.

Local jurisdictions are required by State law to implement these State of California mandated codes along with local amendments by January 1, 2023. In order to comply with State law, the Building Safety Division recommends adoption of the following Appendices as adopted by the State Building Standards Commission, California Department of Housing and Community Development and California State Fire Marshal:
· 2022 California Building Code appendix C: Group U - Agricultural Buildings, F: Rodent proofing, H: Signs, I: Patio Covers, J: Grading and P: Emergency Housing. · 2022 California Residential Code appendix AH: Patio Covers, AQ: Tiny Houses, AS; Strawbale Construction, AY: Areas Protected By The Facilities Of The Central Valley Flood Protection Plan, and AZ: Emergency Housing.
· 2022 California Mechanical Code appendix B: Procedures to be followed to Place Gas Equipment into operation, and C: Installation and testing of oil (liquid) fuel-fired equipment. · 2022 California Plumbing Code appendix A: Recommended Rules of Sizing the Water Supply system, B: Explanatory Notes on Combination Waste & Vent systems, D: Sizing Storm Water Drainage Systems, H: Private Sewage Disposal Systems, I: Installation Standards for PEX Tubing Systems for Hot- and Cold- Water Distribution, and J:

Combination of Indoor and Outdoor Combustion and Ventilation Opening Design. · 2022 California Electrical Code Annexes A and B
· 2022 California Green Building Standards Code appendix A4: Residential Voluntary Measures, A5: Nonresidential Voluntary Measures.

Any other code appendices not adopted by the State are not being adopted by the City of Visalia.

The City of Visalia Fire Chief and Fire Marshal recommend adopting the California Fire Code, Title 24, California Code of Regulations, Part 9, 2022 Edition, together with the California Fire Code Standards referenced and the following Appendices:

Chapters 4: Special Detailed requirements Based on Use and Occupancy, B: Fire-Flow Requirements for Buildings,
C: Fire Hydrant Locations and Distribution,
D: Fire Apparatus Access Roads,
H: Hazardous Materials Management Plans and Hazardous Materials Inventory Statements, I: Fire Protection Systems - Noncompliant Conditions,
O: Temporary Haunted Houses, Ghost Walks, and Similar Amusement Uses and hereby repeal and replace Section 8.20.010 through 8.20.120 of the Visalia Municipal Code.

Fiscal Impact:

Visalia City Council Page 2 of 3 Printed on 11/18/2022
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File #: 22-0399 Agenda Date: 11/21/2022 Agenda #: 1.

None
Prior Council Action:

The City Council approved the current 2019 Building Code update at the December 16, 2019, City Council meeting.

Other:

The 2022 Building and Fire Code update was reviewed by the Building Advisory Committee on November 16, 2022.

Alternatives:

Take no action - State building code would become effective without local amendments and adoption of appendices January 1, 2023, by operation of law.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance No. 2022-14 and Ordinance No. 2022-15 for the 2022 California Building and Fire Code adoption process.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

1. Ordinance 2022-14 Building Code

2. Ordinance 2022-15 Fire Code

3. Code Update PowerPoint Presentation
Visalia City Council Page 3 of 3 Printed on 11/18/2022
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ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY OF VISALIA
TO REPEAL AND REPLACE CHAPTERS 15.04, 15.06, 15.08, 15.20, 15.24,

15.28, 15.36, 15.64, 15.68, 15.72, and 15.76

OF THE VISALIA MUNICIPAL CODE,

BUILDINGS AND CONSTRUCTION ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA;
Section 1. Consistent with its control over municipal affairs and the powers vested in the City of Visalia through the California Constitution and its Charter, 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 finds that the revisions to Chapters 15.04, 15.06, 15.08, 15.20, 15.24, 15.28,

15.36, 15.64, 15.68, 15.72, and 15.76 of the Visalia Municipal Code as set forth below are necessary to promote the public health, safety and welfare of the citizens of the City of Visalia.

The existing Visalia Municipal Code Chapters 15.04, 15.06, 15.08, 15.20, 15.24, 15.28, 15.36,

15.64, 15.68, 15.72, and 15.76 are hereby repealed and replaced as follows below, it is noted that specific findings based on local climatic, topographical or geological conditions, pursuant to Health and Safety Code, sections 17958.7 and 18941.5, that support the adoption of the appendices and amendments described below are included in Section 2 of this Ordinance:

15.04.10 Adoption of the 2022 California AdministrativeCode.

A. That certain administrative code, in book form known and designated as the 2022 California Administrative Code, California Code Regulations Title 24 Part 1, Published by International Code Council, is adopted as the technical Administrative Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of thechapter.

1. Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such order as affirmed or modified by the city attorney based on a recommendation of the building official or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and non-compliance respectively be guilty of a misdemeanor, or infraction as determined by the city attorney.

2. Such violation shall be subject to penalties in accordance with Section 1.12.010. 138

15.06.10 Adoption of the 2022 California Referenced StandardsCode.

A. That certain referenced code, in book form known and designated as the 2022 California Referenced Standards Code, is adopted as the technical Referenced Standards Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

2. Such violation shall be subject to penalties in accordance with Section1.12.010.

15.08.10 Adoption of the 2022 California BuildingCode.

A. That certain building code, in book form known and designated as the 2022 California Building Code, Title 24, Part 2, Volumes 1 and 2, and published by The International Code Council, is adopted as the Building Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Included specifically are 2022 California Building Code Appendices B (Board of Appeals), C (Group U – Agricultural Buildings), F (Rodent proofing), H (Signs), I (Patio Covers), J (Grading) and P (Emergency Housing).
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C. Reference is made to three copies of the 2022 California Building Code, one copy filed in the office of the city clerk and two copies filed in the office of Building Safety Division of the city, which are now filed for full particulars of said BuildingCode.

15.20.10 Adoption of the 2022 California PlumbingCode.

A. That certain plumbing code, in book form known and designated as the 2022 California Plumbing Code, Title 24, Part 5 as Published by the International Association of Plumbing and Mechanical Officials prepared and published by the International Association of Plumbing and Mechanical Officials, based on the 2021 Uniform Plumbing Code adopted as the plumbing code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Appeals Board section 1.8.8 shall be deleted. Refer to 2022 California Building Code Section

1.8.8 as amended.

C. Included specifically are 2022 California Plumbing Code Appendix A (Recommended Rules for Sizing the Water Supply System), B (Explanatory Notes on Combination Waste & Vent Systems), D (Sizing Storm Water Drainage Systems), H (Private Sewage Disposal Systems), I (Installation Standards for PEX Tubing Systems for Hot- and Cold-Water Distribution), and J (Combination of Indoor and Outdoor Combustion and Ventilation Opening Design) D. Section 808.0 of said California Code is amended to read as follows:

Section 808.0, Cooling Water. Discharge of cooling water into the sanitary sewer system is prohibited. Refer to Section 13.08.500 of City of Visalia Municipal Code (Prohibition on Unpolluted Water).

E. Reference is made to three copies of the 2022 California Plumbing Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said PlumbingCode. 140

15.24.10 Adoption of 2022 California MechanicalCode.

A. That certain mechanical code, in book form known and designated as the 2022 California Mechanical Code, Title 24, part 4 as Published by the International Association of Plumbing and Mechanical Officials, based on the 2021 Uniform Mechanical, adopted as the mechanical code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein, including the appendices, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Appeals Board section 1.8.8 shall be deleted. Refer to 2022 California Building Code Section

1.8.8 as amended.

C. Included specifically are 2022 California Mechanical Code Appendix B (Procedures to be followed to Place Gas Equipment into operation) and C (Installation and testing of oil (liquid) fuel-fired equipment).

D. Reference is made to three copies of the 2022 California Mechanical Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said Mechanical Code.

15.28.10 Adoption of the 2022 California ElectricalCode.

A. That certain electrical code, in book form known and designated as the 2022 California Electrical Code, Title 24, Part 3, Published by BNI Productions, Inc. based on the 2020 National electrical code, copyright 2019 National Fire Production Association, is adopted as the Electric Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase, or clause contained therein were fully set forth herein. If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.
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2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Appeals Board section 89.108.8 shall be deleted. Refer to 2022 California Building Code Section 1.8.8 as amended.

C. Included specifically are 2022 California Electrical Code Annexes A and B.

D. Reference is made to three copies of the 2022 California Electrical Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said electrical code.

15.36.10 Adoption of the 2022 California Historical BuildingCode.

A. That certain building conservation code, in book form known and designated as the 2022 California Historical Building Code, California code and Regulations Title 24, part 8 as prepared and published by the International Code Council, is adopted as the Historical Building Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

B. Reference is made to three copies of the 2022 California Historical Building Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said 2022 California Historical Building Code.

15.64.10 Adoption of the 2022 California ResidentialCode A. That certain residential buildings code in book form known and designated as the 2022 California Residential Code, as prepared and published by the International Code Council is adopted as the Residential Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, word, phrase or clause contained therein were fully set forth herein, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.
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2. Such violation shall be subject to penalties in accordance with Section 1.12.010.

B. Appeals Board section 1.8.7 shall be deleted. Refer to 2022 California Building Code Section

1.8.8 as amended.

C. Included specificallyare the 2022 California Residential Code Appendix AH (Patio Covers), AQ (Tiny Houses), AS (Strawbale Construction), AY ( Areas Protected by the Facilities of the Central Valley Flood Protection Plan), and AZ (Emergency Housing).

D. Reference is made to three copies of the 2022 California Residential Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said 2022 California Residential Code.

15.68.10 Adoption of the 2022 California Green Building StandardsCode.

A. That certain green standards building code in book form known and designated as the 2022 California Green Building Standards Code, as prepared and published by the International Code Council is adopted as the Green Building Standards Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, word, phrase or clause contained therein were fully set forth herein, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

B. Included specifically are the 2022 California Green Building Standards Code Appendix A4 (Residential Voluntary Measures), and A5 (Nonresidential Voluntary Measures) including Tiers 1 & 2 which will remain voluntary measures.

C. Reference is made to three copies of the 2022 California Green Building Standards Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said 2022 California Green Building Standards Code.
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15.72.10 Adoption of the 2022 California EnergyCode
A. That certain energy standards code in book form known and designated as the 2022 California Energy Code, as prepared and published by the International Code Council is adopted as the Energy Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, word, phrase or clause contained therein were fully set forth herein, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

B. Reference is made to three copies of the 2022 California Energy Code one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said 2022 California Energy Code.

15.76.10 Adoption of the 2022 California Existing BuildingsCode A. That certain existing buildings code in book form known and designated as the 2022 California Existing Buildings Code, as prepared and published by the International Code Council is adopted as the Existing Buildings Code of the city, to all intents and purposes and to the same effect as if each and every section, paragraph, word, phrase or clause contained therein were fully set forth herein, except for those deletions, modifications, and amendments set forth below. If any section, subsection, sentence, clause or phrase of this chapter is for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter.

B. Reference is made to three copies of the 202 California Existing Buildings Code, one copy filed in the office of the city clerk and two copies filed in the office of building safety division of the city, which are now so filed for full particulars of said 2022 California Existing Buildings Code.

Section 2. Pursuant to Health and Safety Code, sections 17958.7 and 18941.5 because of local climatic, topographical or geological conditions the City of Visalia hereby finds that the following appendices and code section amendments are necessary. It is noted that these appendices and code section amendments are referenced above, but are also listed below to clarify that they have been found to be necessary and that they have been added by the City of Visalia:

A. The following appendices and code sections are adopted by reference as necessary due to the local climatic, topographical, or geologic conditions, which are described in further detail in this Section 2:
• 2022 California Building Code Appendices C (Group U – Agricultural Buildings), F (Rodent proofing), H (Signs), I (Patio Covers), J (Grading) and P (Emergency Housing).
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• 2022 California Plumbing Code Appendix A (Recommended Rules for Sizing the Water Supply System), B (Explanatory Notes on Combination Waste & Vent Systems), D (Sizing Storm Water Drainage Systems), H (Private Sewage Disposal Systems), I (Installation Standards for PEX Tubing Systems for Hot- and Cold-Water Distribution), and J (Combination of Indoor and Outdoor Combustion and Ventilation Opening Design)
• Section 808.0 of the 2022 California Plumbing Code was amended to prevent the discharge of cooling water into the sanitary sewer system. Refer to Section 13.08.500 of City of Visalia Municipal Code (Prohibition on Unpolluted Water). • 2022 California Mechanical Code Appendix B (Procedures to be followed to Place Gas Equipment into operation) and C (Installation and testing of oil (liquid) fuel-fired equipment).
• 2022 California Residential Code Appendix AH (Patio Covers), AQ (Tiny Houses), AS (Strawbale Construction), AY (Areas Protected by the Facilities of the Central Valley Flood Protection Plan), and AZ (Emergency Housing).

B. The City of Visalia has found the following concerning local climatic conditions, specifically extreme temperatures, support the adoption of the listed appendices and code amendments:
• As documented in the Visalia General Plan Visalia is characterized as having an “inland Mediterranean” climate. High temperatures are also contributors to ozone formation, and summer high temperatures often exceed 100ºF with an all-time high of 115ºF averaging 275 sunny days per year. Climate models predict a 4ºF temperature increase in the next 20 to 40 years, with an increase in the number of long dry spells (Visalia: 2010). Data shows that during the months of July and August, Visalia's daily high temperature has averaged in excess of 94ºF as compared to San Francisco with an average of 67ºF and San Diego having an average of 74ºF. Though Health & Safety Code § 17958.7 does not require the local conditions to be unique to a particular jurisdiction, the temperatures experienced in Visalia are extreme as compared to temperatures experienced in other parts of California.
• The City notes that these temperatures cause frequent use of cooling water during these times of high heat and in order to avoid disruptions with the City’s sanitary sewer system that could be caused by cooling water discharges over the long period of high heat in Visalia the City has amended Section 808.0 to prevent the discharge of cooling water into the sanitary sewer system.
• The local climatic condition, high summer temperatures, results in patio covers being common in the City of Visalia to provide shade around homes. The City has determined to adopt 2022 California Building Code Appendix I and 2022 California Residential Code Appendix AH to regulate these types of improvements. • The Heat Stress Index published by the Federal Emergency Management Agency in its publication entitled Emergency Incident Rehabilitation sets forth the stress placed on the human body when exposed to various temperatures and humidity. A note under the Heat Stress Chart states that 10 degrees should be added to the temperature when protective clothing is worn and an additional 10 degrees should be added when the person is standing in direct sunlight. According to this chart, a person exposed to 145
temperatures between 90 and 105 degrees is subject to heat cramps and heat exhaustion if exposure to these temperatures is prolonged and there is physical activity. A person exposed to temperatures of 105 to 130 degrees is likely to experience heat cramps and heat exhaustion. Furthermore, heat stroke is possible if exposure is prolonged and there is physical activity. A person exposed to temperatures above 130 degrees or greater faces a high risk of suffering from heat stroke.
• The high levels of potential heat stress that can occur during the summer periods in Visalia raised concerns by the City for emergency responders, which supports the City’s adoption of the 2022 California Mechanical Code Appendix B and Appendix C concerning the installation of equipment that could lead to serious emergency incidents if installed incorrectly, and 2022 California Residential Code, Appendix AS, concerning straw bale construction.

C. As document below the City of Visalia makes the following findings concerning local geological conditions, specifically water supply and water pressure, that support the adoption of the listed appendices:
• The Visalia area is an arid area that receives an average of 11 inches of precipitation per year occurring primarily in the winter months. Furthermore, Visalia relies completely on groundwater for its water supply and the groundwater basin it is located within and has been found to be in overdraft by the State of California. • Due to the hot, dry summers in the Visalia area, domestic water demand can substantially reduce the ability of the public water system to dependably provide service, which supports the adoption of the referenced appendices to the 2022 California Mechanical Code needed to prevent serious emergency incidents. • The adoption of 2022 California Plumbing Code Appendix A, Appendix B, Appendix I and Appendix J are necessary to prevent the loss of scarce water resources in the City of Visalia that could be caused by incorrect water supply facility installations.

D. In addition, the City of Visalia makes the following findings concerning local climatic/topographical conditions, specifically air quality caused by the topography of the San Joaquin Valley air basin, number of sunny days, and inversions that form during winter months, that support the adoption of the listed appendices:
• As a result of the San Joaquin Valley's climate and topography, the San Joaquin Valley Air Basin (SJVAP) is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer inversions that prevent mixing of air masses. The large number of sunny days per year, and high temperatures in the summer favors the formation of ozone. In the winter, inversions form that often trap particulate matter
• The Federal Environmental Protection Agency and the California Air Resources Board have classified the San Joaquin Valley Air Basin as severe non-attainment for ozone and serious non-attainment (federal) non-attainment (state) for PM10. Ozone is formed by a complex series of chemical reactions between reactive organic gases (ROG), oxides of nitrogen and sunlight. PM10 is suspended particulate matter that is less than 10 microns in size. Given its small size, PM10 can remain airborne for long periods and can be inhaled, pass through the respiratory system, and lodge in the lungs. In general, nonattainment means that the federal standard has been exceeded more than twice per year.
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• Due to the local topographic conditions that impact air quality the City of Visalia is concerned over activities that can cause additional particulate matter through dust or fire and has determined it is appropriate to adopt 2022 California Building Code Appendix J, Grading, and 2022 Appendix AS concerning Strawbale Construction.

E. City makes the following findings concerning local topographical conditions, specifically the City of Visalia’s development pattern, that supports the adoption of the listed appendices:
• There is a relatively low-density growth pattern in the Visalia area, Visalia is in an area with a high level of agriculture that contributes heavily to the local economy and the agricultural uses surround the community. As Visalia has expanded it sometimes annexes areas that were remain used for agriculture. This local topographic condition has resulted in areas consisting of former rural developments being incorporated into the City with areas of mixed rural and urban usage along with rural uses being immediately adjacent to urban uses.
• This local topographical condition supports the City’s adoption of 2022 California Building Code Group Appendix C Group U – (Agricultural Buildings) and Appendix F (Rodent Proofing).
• The City’s local topographical condition, its development pattern has led to numerous areas of residential housing being built on large lots, that are now available for use as secondary rental units or multigenerational homes on the same lots by building a small accessory dwelling unit, due to this local topographic condition, the City finds that the adoption of 2022 California Residential Code Appendix AQ (Tiny Houses) is needed to oversee potential construction of this type of housing. • The City also finds that this local topographic condition, existing rural development that has been incorporated into the City of Visalia, has led to numerous private sewer systems within the city limits. The City of Visalia has a public sewer system and has recently spent over one hundred million dollars updating its wastewater treatment plant, but still needs to deal with older homes and private sewage disposal systems.

Therefore, the City has determined that it is appropriate for it to adopt 2022 California Plumbing Code Appendix H (Private Sewage Disposal Systems).

F. The City of Visalia makes the following findings concerning the local topographic, geographical, and climatic conditions of potential flooding within Visalia:
• The Federal Emergency Management Agency (FEMA) provides maps that estimate flood hazards throughout the United States and areas within the City of Visalia have been found to be considered by FEMA to be high risk for flooding. • It is noted that the City of Visalia is located near the large alluvial fan formed by the Kaweah River and its distributary channels, historically the City of Visalia has flooded several times since it was founded in 1852, although the construction of the Terminus Dam on the Kaweah River in 1962 has drastically reduced the risk of flooding, flooding is still a possibility within the City of Visalia.
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• Due to the possibility of flooding within the City of Visalia due to the local topographic, geographical, and climatic conditions, the City has adopted 2022 California Building Code Appendix P (Emergency Housing), 2022 California Plumbing Code Appendix D (Sizing of Storm Water Drainage Systems), 2022 California Residential Code Appendix AY (Areas Protected by the Facilities of the Central Valley Flood Protection Plan) and AZ (Emergency Housing) is necessary and appropriate. • It is noted that the potential for flooding is magnified by the flat topography of Visalia, when constructing buildings in the areas in order to avoid being designed within an elevation subject to flooding grading measures are employed to alter the base elevation. Due to this local condition that leads to grading during building construction the City of Visalia has determined that 2022 California Building Code Appendix J (Grading), should be adopted.

G. The City of Visalia makes the following findings concerning the local topographic, geographical, and climatic conditions of potential wildfire near Visalia that support the adoption of the listed appendices:
• The City of Visalia is located near the Sierra Nevada mountains, and due to the previously described dry and hot summers the hills and mountains can be susceptible to wildfires, during such fires, residents of these areas seeking shelter often travel to Visalia, which is the largest city in Tulare County, the City of Visalia has also been utilized as a staging area for firefighting operations, which can require the emergency housing of firefighters.
• Due to these local topographic, geographical, and climatic conditions, nearby wildfires, the City of Visalia has adopted 2022 California Building Code Appendix P (Emergency Housing) and 2022 California Residential Code Appendix AZ (Emergency Housing) and notes that during these events, alternative forms of housing, such as tiny homes could supply housing, further supporting the City’s decision to adopt 2022 California Residential Code Appendix AQ (Tiny Homes).

Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Visalia hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

Section 4. That nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed by this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

Section 5. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 30 days after final passage and adoptions but not earlier than January 1, 2023. 148
Section 6. That the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

PASSED AND ADOPTED:

Mayor
ATTEST:

City Clerk

APPROVED AS TO FORM
BY CITY ATTORNEY:

City Attorney
149
ORDINANCE NO. 2022-15

AN ORDINANCE TO REPEAL AND REPLACE
SECTION 8.20.010 OF THE VISALIA MUNICIPAL CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA;
Section 1. Consistent with its control over municipal affairs and the powers vested in the City of Visalia through the California Constitution and its Charter, the City of Visalia is authorized to secure and promote the public health, comfort, safety and welfare of its citizenry. It is the intent of this ordinance that the City of Visalia adopt the California Fire Code, Title 24, California Code of Regulations, Part 9, 2022 Edition, together with the Appendices thereto, and the California Fire Code Standards referenced therein, published by the International Code Council and hereby referred to, adopted as the Fire Code of the City of Visalia. This section shall hereinafter be referred to as the “California Fire Code”, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Visalia; providing for the issuance of permits and collection of fees therefor. Specific findings based on local climatic, topographical, and geological conditions, pursuant to Health and Safety Code, sections 17958.7 and 18941.5, that support the adoption of the appendices and amendments to the adopted California Fire Code are included in Section 3 of this Ordinance.

Section 2. Section 8.20.010 through 8.20.120 is hereby repealed and replaced as follows:

8.20.010 Adoption of the 2019 California Fire Code
A. There is adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain document, not less than one copy is filed in the office of the Fire Department and one in the office of the Building Division of City of Visalia, being marked and designated as the California Fire Code, 2022 edition published by the International Code Council, including Appendix Chapters 4 (Special Detailed requirements Based on Use and Occupancy), B (Fire-Flow Requirements for Buildings), C (Fire Hydrant Locations and Distribution), D (Fire Apparatus Access Roads as amended by section L), H (Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions), I (Fire Protection Systems- Noncompliant Conditions), N (Indoor Trade Shows and Exhibitions) and O (Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses), as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Visalia, in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City of Visalia are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed this section 8.20.010.

B. All further references shall be to the 2022 California Fire Code, in Subsection 101.1 of the, the term “City of Visalia” shall be inserted.

C. Subsection 104.3.1.1. Warrant cost recovery, is added to read as follows:
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104.3.1.1 Warrant cost recovery. Cost to the City of Visalia for obtaining and executing an Inspection Warrant is the responsibility of the property owner and steps to recover the costs will be taken, up to and including a lien against the property. Recovery costs may include staff time, legal fees, and court fees.

D. Subsection 111.1 Board of Appeals is amended to read as follows:
111.1 Appeals. See local Ordinance, Appeals Section 8.20.070 E. Subsection 111.1 through 111.4 shall be deleted in their entirety.

F. Subsection 112.4 Change: Violation penalties, is amended to read as follows:
112.4 Violations penalties. Persons who shall violate a prevision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or a permit or certificate used under provision of this code, shall be guilty of a misdemeanor, infraction or both. Penalties shall be as prescribed in local Ordinance Section 1.12.010. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

G. Subsection 112.5 Cost of abatement, is added to read as follows:
112.5 Cost of abatement. Cost of abatement is the responsibility of the property owner and steps to recover the costs will be taken, up to and including a lien against the property.

Property owners shall be notified of any action taken as soon as possible. Recovery costs may include staff time, contractor’s costs, legal fees and any and all cost associated with the abatement.

H. Subsection 113.4 Change: Failure to comply, is amended to read as follows:
113.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine prescribed in local Ordinance Section

1.12.010.

I. Subsection 107.7 Added: Visalia Fire Department Fee Schedule, is added to read as follows:
107.7 Visalia Fire Department Fee Schedule. The Fire Chief may establish a schedule of fees, as approved by the City Council, to be charged and collected for plan checking, required inspections services, and for the issuance of permits pursuant to Section 105 of this Code. In addition, this schedule may include a fire service Cost Recovery fee to be charged to any person, firm, corporation or business that through negligence, violation of the law or as a result of carelessness is responsible for the cause of any fire service response to the scene of such an incident. A copy of the fee schedule shall be kept in the office of the City Clerk and the Office of the Fire Department and shall be available for public inspection.

J. Subsection 105.5.34 Exception, is amended to read as follows:
105.6.32 Exception: Recreational Fires, see Visalia Municipal Code Ordinance, Open Burning, Section 8.44.010.

K. Subsection 903.3.8.4.1 shall be added to read as follows:
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903.3.8.4.1 Tamper Protection. All exterior risers, drain/test valves and backflow devices shall be protected from unauthorized tampering by approved means. Protection method shall be indicated on building plans.

L. Subsection C103.4 Buildings provided with a fire sprinkler system, is added to read as follows:

C103.4 Buildings provided with a fire sprinkler system. Any newly constructed building provided with a NFPA 13 or NFPA 13R fire sprinkler system shall provide a fire hydrant within fifty (50) feet of the fire department connection. Where an existing building is retrofitted with a NFPA 13 or NFPA 13R fire sprinkler system a fire hydrant shall be provided within seventyfive (75) feet of the fire department connection.

C103.4.1 An additional twenty-five (25) feet of distance between a fire hydrant and the fire department connection (FDC) may be granted by the Fire Marshal when a fire sprinkler system density is designed with an additional 25%.

Exceptions: The additional twenty-five (25) feet of distance between a fire hydrant and the fire department connection (FDC) shall not be permitted for Pipe scheduled and ESFR sprinkler systems.

M. Section D106 where required, “apparatus access roads” shall be available to public travel at all times.

N. Subsection D107.1 Shall read as follows:

One- or two-family dwelling residential developments. Developments of one- two family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved access roads available to public travel at all times.

O. Subsection D107.1, Exception 1. shall be deleted in its entirety.

8.20.020 Establishment authority and responsibilities.

A. The fire marshal under the authority of the fire chief is hereby authorized to enforce the provisions of the California Fire Code and shall have the authority to render interpretations of the code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of the code and shall not have the effect of waiving requirements specifically provided for in the code.

B. The fire marshal may authorize fire inspectors and other members of the fire department as deemed necessary to enforce the provisions of the fire code.

C. A report of the fire prevention division shall be made annually to the city manager as part of the fire departments annual report. The fire marshal under the authority of the fire chief shall also recommend any amendments to the code which, in his/her judgment are desirable.

8.20.030 Definitions.

Fire Code Official. Whenever the term “fire code official” is used in the California Fire Code, it means fire marshal of the fire department.

Municipality. Whenever the term “municipality” is used in the California Fire Code, it means the City of Visalia.
152

8.20.040 Establishment of limits of storage of flammable liquids in outside aboveground tanks and bulk storage of liquefied petroleum gases.

The limits referring to storage of flammable liquids in outside aboveground tanks and bulk storage of liquefied petroleum gases in the California Fire Code is to be restricted shall be regulated by the city zoning ordinance. Where the zoning ordinance is silent about the permitted or conditional use the omission shall be considered prima facie evidence of clear intent to prohibit the act.

8.20.050 Modifications.

Where there are practical difficulties involved in carrying out the provisions of this code, the fire marshal shall have the authority to grant modifications for individual cases, provided the fire marshal shall first find that special individual reason makes the strict letter of the code impractical and the modification is in compliance with the intent and purpose of the code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the department of fire prevention.

8.20.060 Alternative materials and methods.

The fire marshal shall have power to approve alternative materials and methods where he or she finds that the proposed design is satisfactory and complies with the intent of the provisions of the California Fire Code. Where the alternative material, design or method of construction is not approved, the fire marshal shall respond in writing, stating the reasons why the alternative was not approved.

8.20.070 Appeals.

Whenever the fire marshal and or chief of the fire department disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the fire marshal and or chief of the fire department to the city manager within thirty (30) days from the date of the decision.

8.20.080 New materials, processes or occupancies which may require permits.

A. The city manager, the chief of the fire department, fire marshal and the chief building official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancy, which shall require permits, in addition to those now enumerated in said code.

B. The fire chief shall post such list in conspicuous place in his/her office and distribute copies thereof to interested persons. (Prior code § 4408)

8.20.090 Capacity of tank trucks.

The capacity of compartments of tank trucks used in the delivery of Class I flammable liquids in retail lots and for retail purposes within the city shall be limited to one thousand two hundred (1,200) gallons. (Prior code § 4450)
153

8.20.100 Special permits.

The chief of the fire department may, at his discretion, issue special permits for the entrance into the city of tank trucks of greater than one thousand two hundred (1,200) gallon compartment capacity for the purpose of making delivery of Class I flammable liquids to retail distribution stations, but not otherwise; provided, such permits shall be restricted to deliveries at locations where unusual hazards will not be created by such larger capacity trucks; provided, that no such tank trucks, carrying Class I flammable liquid, shall be parked or left unattended on any street, highway, avenue or alley of the city. (Prior code § 4451)

8.20.110 Penalties.

Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specification or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the city attorney or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor or infraction as determined by the city attorney, and shall be assessed administrative penalties pursuant to the provisions of Chapter

1.13 of the Visalia Municipal Code. These penalties may accrue and each day the property is not in compliance shall be considered another violation.

Section 3. Pursuant to Health and Safety Code, sections 17958.7 and 18941.5 because of local climatic, topographical or geological conditions the City of Visalia hereby finds that the following appendices and code section amendments to the 2022 California Fire Code are necessary as measures intended to reduce the occurrence and severity of fires in the City of Visalia and contains items to assist the Visalia Fire Department in responding to emergency incidents. It is noted that these appendices and code section amendments are referenced above in the ordinance sections being modified, but are also listed below to clarify that they have been found to be necessary and that they have been added by the City of Visalia:

A. The following appendices and code sections are adopted by reference as necessary due to the local climatic, topographical, or geologic conditions which are described in further detail below that create hazards in responding to severe fires within the City of Visalia:
• Appendix Chapters 4 (Special Detailed requirements Based on Use and Occupancy),
• Appendix B (Fire-Flow Requirements for Buildings),
• Appendix C (Fire Hydrant Locations and Distribution), • Appendix D (Fire Apparatus Access Roads as amended by section L), • Appendix H (Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions),
• Appendix I (Fire Protection Systems- Noncompliant Conditions), • Appendix N (Indoor Trade Shows and Exhibitions) and
• Appendix O (Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses), as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Visalia
154
B. The City of Visalia has found the following concerning local climatic conditions, specifically extreme temperatures, support the adoption of the listed appendices:
• As documented in the Visalia General Plan Visalia is characterized as having an “inland Mediterranean” climate. High temperatures are also contributors to ozone formation, and summer high temperatures often exceed 100ºF with an all-time high of 115ºF averaging 275 sunny days per year. Climate models predict a 4ºF temperature increase in the next 20 to 40 years, with an increase in the number of long dry spells (Visalia: 2010). Data shows that during the months of July and August, Visalia's daily high temperature has averaged in excess of 94ºF as compared to San Francisco with an average of 67ºF and San Diego having an average of 74ºF. • During the winter months Visalia experiences extended periods of cold weather.

During the months of December and January the average low temperature is 38ºF with an all-time low of 13ºF, compared to San Francisco with a low of 47ºF and San Diego with a low of 49ºF. Though Health & Safety Code § 17958.7 does not require the local conditions to be unique to a particular jurisdiction, the aforementioned temperatures experienced in Visalia are extreme as compared to temperatures experienced in other parts of California.
• The Heat Stress Index published by the Federal Emergency Management Agency in its publication entitled Emergency Incident Rehabilitation sets forth the stress placed on the human body when exposed to various temperatures and humidity. A note under the Heat Stress Chart states that 10 degrees should be added to the temperature when protective clothing is worn and an additional 10 degrees should be added when the person is standing in direct sunlight. According to this chart, a person exposed to temperatures between 90 and 105 degrees is subject to heat cramps and heat exhaustion if exposure to these temperatures is prolonged and there is physical activity. A person exposed to temperatures of 105 to 130 degrees is likely to experience heat cramps and heat exhaustion. Furthermore, heat stroke is possible if exposure is prolonged and there is physical activity. A person exposed to temperatures above 130 degrees or greater faces a high risk of suffering from heat stroke (USFA: July 2008).
• Because of the extreme heat Visalia experiences during the summer months, Visalia Fire Fighters responding to fires and other incidents requiring the evacuation of a building are regularly exposed to temperatures in excess of 105 degrees. High temperatures and protective gear exposes fire personal to the probability of heat cramps, heat exhaustion and possibly heat stroke.

C. In addition, the City of Visalia makes the following findings concerning local geological conditions, specifically water supply and water pressure, support the adoption of the listed appendices:
• The Visalia area is an arid area that receives an average of 11 inches of precipitation per year occurring primarily in the winter months. Furthermore, Visalia relies completely on groundwater for its water supply and the groundwater basin it is located within and has been found to be in overdraft by the State of California. • Due to the hot, dry summers in the Visalia area, domestic water demand can substantially reduce the ability of the public water system to dependably meet the large fire flow demand requirements in many areas of the city. According to the City of Visalia’s General Plan “Public safety should be a top priority for the use of water.” 155
D. As documented below the City of Visalia makes the following findings concerning local climatic/topographical conditions, specifically air quality caused by the topography of the San Joaquin Valley air basin, number of sunny days, and inversions that form during winter months, that support the adoption of the listed appendices:
• As a result of the San Joaquin Valley's climate and topography, the San Joaquin Valley Air Basin (SJVAP) is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer inversions that prevent mixing of air masses. The large number of sunny days per year, and high temperatures in the summer favors the formation of ozone. In the winter, inversions form that often trap particulate matter
• The Federal Environmental Protection Agency and the California Air Resources Board have classified the San Joaquin Valley Air Basin as severe non-attainment for ozone and serious non-attainment (federal) non-attainment (state) for PM10. Ozone is formed by a complex series of chemical reactions between reactive organic gases (ROG), oxides of nitrogen and sunlight. PM10 is suspended particulate matter that is less than 10 microns in size. Given its small size, PM10 can remain airborne for long periods and can be inhaled, pass through the respiratory system, and lodge in the lungs. In general, nonattainment means that the federal standard has been exceeded more than twice per year.
• Smoke is composed primarily of carbon dioxide, water vapor, carbon monoxide, particulate matter, hydrocarbons and other organic chemicals, nitrogen oxides, trace minerals and several thousand other compounds. Particulate matter is the principal pollutant of concern from some for the relatively short-term exposures (hours to weeks) typically experienced by the public. Particulate matter in wood smoke has a size range near the wavelength of visible light (.4-.7 micrometers) because these particles can be inhaled into the deepest recesses of the lungs, they are thought to represent a greater health concern than larger particles. Another pollutant of concern during some events is carbon monoxide (Wildfire smoke 2001). the San Joaquin Valley Air Pollution Control District states "Emissions from burning include fine particulate, hydrocarbons, oxides of nitrogen, oxides of sulfur, carbon monoxide, and toxic air contaminants that contribute to our air quality problems.

E. City makes the following findings concerning local topographical conditions, specifically the City of Visalia’s development pattern, that supports the adoption of the listed appendices:
• Due to the relatively low-density growth pattern in the Visalia area, likely due to the large amounts of agricultural business that contribute heavily to the local economy and the agricultural uses surround the community, its 6 fire stations are spaced approximately 3.4 miles apart resulting in an average of a 1.7 mile running distance for the designated first-in engine company.
• This average 1.7-mile travel distance increases the response time to fires which result in an increase in the size and intensity of fires. Fires have the potential to require the response of all on-duty personnel in the City of Visalia, which depletes all available resources. This leaves the city dependent on off-duty personnel and outside agencies to cover the city.
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F. The appendices and modifications to the California Fire Code by the City of Visalia are reasonably necessary because of the above described local climatic, geological, and topographical conditions that apply when City staff respond to fires. The referenced appendices and sections are intended to reduce the incidence of fires; the severity of fire incidents in the City of Visalia; and to provide for a safer community. For reference the following documents support the findings concerning the local conditions cited above:
• Visalia General Plan Update (2014)
• Historical Temperature Data: https://www.weatherbase.com • U.S. Fire Administration. (July 2008). Emergency incident rehabilitation. (FEMA fa314). Washington, DC: U.S. Government Printing Office. • Wildfire Smoke – A Guide for Public Health Officials (2001) Published by the Washington State Department of Health, p. 3.

Section 4. That all City of Visalia Ordinances with the term “Uniform Fire Code” shall change to “2022 California Fire Code” and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Visalia hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

Section 6. That nothing in this ordinance or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 5 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 30 days after final passage and adoptions but not earlier than January 1, 2020.

Section 7. That the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

PASSED AND ADOPTED:

Mayor
ATTEST:

City Clerk

APPROVED AS TO FORM
BY CITY ATTORNEY:

City Attorney
157
2022 Building
& Fire Code
Adoption

PROTECTING LIFE AND

PROPERTY
158
CA Building Codes
 Published in its entirety every three years by
order of the California legislature.
 Every three years the City is required by the
State to adopt and/or amend.
 A city, county or city county may establish
more restrictive building standards
reasonably necessary because of local
climatic, geological or topographical
conditions.
159
Significant Changes in the
2022 Building Codes
 More restrictive energy codes as adopted
by the California Energy Commission
 Minor changes to all other codes
160
CA Energy Code Update
161
 Heat pumps standard
 Energy budgets based on efficient
heat pumps for space and water
heating
Impact:

Encourages builders to install heat pumps over
gas-fueled HVAC units
CA Energy Code Update
162
 Electric Ready Homes - Requires
homes to be electric ready,
eventually replacing installed gas
appliances with electric
Impact:

Requires homes to built with dedicated 240-volt
outlets and space for electric appliance
replacements (space heating, cooking, and
clothes dryer) – even if gas is initially installed
CA Energy Code Update
163
 Increased minimum ventilation
requirements for gas cooktops
Impact:

Where gas appliances are used, ventilation
requirements are more stringent
CA Energy Code Update
164
 Commercial Solar & Battery Standards
 Establishes combined solar PV and battery standards for certain businesses
 High-rise multifamily apartments
 Hotel-motel
 Tenant Space
 Office, medical office and clinics
 Retail and grocery stores
 Schools
 Civic (theaters, auditoriums, & convention centers)
 Maximizes onsite use of solar energy to avoid electricity demand during times when the grid must use gaspowered plants CA Energy Code Update
165
Significant changes to the
2022 California Fire Code
 2022 California Fire Code
 Sections not adopted by the State Fire Marshal or
other State entity must be specifically adopted
by the Local Authority Having Jurisdiction to be
enforced.
Appendix Chapters 4 (Special Detailed
requirements Based on Use and Occupancy),
Appendix B (Fire-Flow Requirements for
Buildings),
Appendix C (Fire Hydrant Locations and
Distribution),
Appendix D (Fire Apparatus Access Roads as
amended by section L),
166
Significant changes to the
2022 California Fire Code
 2022 California Fire Code (Cont.)
Appendix H (Hazardous Materials Management
Plan (HMMP) and Hazardous Materials Inventory
Statement (HMIS) Instructions),
Appendix I (Fire Protection Systems- Noncompliant
Conditions),
Appendix N (Indoor Trade Shows and Exhibitions)
Appendix O (Temporary Haunted Houses, Ghost
Walks and Similar Amusement Uses)
167
New Visalia Specific
Amendments to Fire Code
 Subsection 903.3.8.4.1 shall be added to read as follows:
 903.3.8.4.1 Tamper Protection. All exterior risers, drain/test valves and backflow devices shall be protected from unauthorized tampering by approved means. Protection method shall be indicated on building plans.

Justification: Intended to lower number of false alarms due to tampering of backflow devices which causes costly damage to equipment and water wasting.  Section D106 where required, “apparatus access roads” shall be available to public travel at all times.

Justification: Currently some large apartment complexes are being constructed with one public access point, this presents issues when an incident occurs near that access point and the public cannot enter or exit the subdivision. Additionally, VPD has expressed concerns with secluded neighborhoods creating a bottle neck in an active shooter situation. Requiring multiple points of publicly available access/egress assists with traffic flow, lowering congestion around incidents.
168
New Visalia Specific
Amendments to Fire Code
 Subsection D107.1 Shall read as follows:
 One- or two-family dwelling residential developments. Developments of one- two family dwellings where the number of dwelling units exceeds thirty (30) shall be provided with two separate and approved access roads available to public travel at all times.

Justification: Currently some large subdivisions are being constructed with one public access point, this presents issues when an incident occurs near that access point and the public cannot enter or exit the subdivision. Additionally, VPD has expressed concerns with secluded neighborhoods creating a bottle neck in an active shooter situation. Requiring multiple points of publicly available ingress/egress assists with traffic flow, lowering congestion around incidents. 169
2022 Building & Fire Code Adoption
Protecting Life and Property
Questions?
170
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0392 Agenda Date: 11/21/2022 Agenda #: 2.

Agenda Item Wording:

Public Hearing: Authorization to accept and appropriate $67,507 for the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the Bureau Justice Assistance (BJA); approve the Memorandum of Understanding with Tulare County for the Visalia Police Department JAG 2022 Joint Purchase Program and appropriate $12,273 from the State COPS Fund for the purchase of a replacement explosive ordinance disposal suit for the Central Valley Regional Bomb Squad and crime lab equipment for the Visalia Police Department.

Authorization to accept and appropriate $67,507 for the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the Bureau Justice Assistance (BJA) and approve the Memorandum of Understanding (MOU) with Tulare County for the Visalia Police Department JAG 2022 Joint Purchase Program and appropriate an additional $12,273 from the State COPS Fund 631 for the joint purchase program. There is no requirement for matching funds.

Summary:

On June 22, 2022, the U.S. Department of Justice (DOJ) - Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) announced the 2022 Edward Byrne Memorial Justice Assistance (BJA) Grant Program. The JAG Grant is a federally funded program through the Bureau of Justice Assistance and allocations are made to each state based on a formula that weighs equally its share of violent crime and population. The same formula is then used to determine the allocations awarded to the City and County jurisdictions. JAG Grant funds may be used to provide additional personnel, equipment, supplies, training, technical assistance, and information systems for criminal justice programs.

The City of Visalia was directly allocated $40,668 and Tulare County was directly allocated $26,839 for a total joint allocation of $67,507. However, because of the City’s allocation came in at $150% of the County’s award amount, the JAG legislation requires that the County be a partner with the local jurisdiction receiving the higher amount of funds. The JAG program considers this type of allocation a Disparate Jurisdiction and requires a Memorandum of Understanding (MOU) between the City of Visalia and Tulare County Sheriff’s Office to agree on a mutual purchase plan that will benefit both agencies. This is the first time that the City’s JAG funding has been part of a joint allocation Visalia Police Chief, Jason Salazar, reached out to Sheriff Mike Boudreaux at the Tulare County Visalia City Council Page 1 of 3 Printed on 11/17/2022
powered by Legistar™171
File #: 22-0392 Agenda Date: 11/21/2022 Agenda #: 2.

Sheriff’s Office and agreed to the joint purchase program. The Visalia Police Department will be the fiscal agent and accept administrative responsibilities for the Grant. A single grant application was submitted on July 26, 2022, and the award announcement was received on September 29, 2022.

The duration of this Grant for the expenditures is four (4) years and is effective October 01, 2021, through September 30, 2025. The grant does not require a local match.

Background Discussion:

The joint purchase plan consists of two (2) critical law enforcement equipment that will benefit both agencies. The City will use the JAG 2022 funds in the amount of $42,800 to replace an explosive ordinance disposal (EOD) suit equipment. The Visalia Police Department, Tulare County Sheriff’s Office, and Kings County Sheriff’s Office are partners in the Central Valley Regional Bomb Squad (CVRBS). The CVRBS responds to calls for service related to suspicious packages, potential explosive devices, and known explosives n the Tulare and Kings County region. The unit is also comprised of deputies from the Kings County Sheriff’s Department. Currently, the CVRBS EOD suit equipment is pas its expiration date which jeopardizes the safety of the personnel who are called to render potential explosive devices safely.

Due to the large cost of new equipment, the purchase of a new EOD suit has been difficult through regular budget channels. The new EOD suit will benefit all three (3) departments by allowing officers and deputies to share the equipment by all personnel. The new EOD suit will provide updated and essential protective equipment to the CVRBS personnel. The purchase will also protect the general public who are near these devices during the calls for service by ensuring that personnel on scene can safely render the devices safe for removal and/or destruction. The total budget for this purchase is $42,800.

The city will use the JAG 2022 funds of $24,707 and State COPS-631 Fund of $12,273 to purchase a Crime-Lite Camera. The Visalia Police Department currently has a Crime Lab Unit comprised of personnel who respond to various types of crime scenes to process and collect evidence. As part of routine processing, personnel search for fingerprints, shoe tracks, DNA, and various other types of physical evidence that may be present to help identify and eliminate potential suspect(s). With the continuous advancement of technology, the searching and processing of crime scenes has become more thorough and time consuming.

The Crime-Lite Camera is a handheld device that uses infrared, fluorescent and other methods to make the examination of crime scenes more thorough and efficient. The multispectral illumination reveals naturally fluorescent body fluids on various substrates. The real-time infrared examination can be used to detect blood against dark backgrounds. Additionally, infrared can aid in examining scenes and evidence for the presence of gunshot residue (GSR). This can be exceptionally valuable when located on a dark background. Such examinations can reveal a pattern which the examiner can use to determine distance of the firearm from the target.

Included in the purchase will be a sample kit which will allow for continuous training and validation.

The Visalia Police Department can allow Tulare County Sheriff’s Office Crime lab to use the device if their current older model does not fulfill their need at a scene. The purchase of the Crime-Lite Camera will benefit the Visalia Police Department by allowing for more thorough and efficient processing of crime scenes. It will also benefit the public in general b ensuring the most technologically advanced method of gathering physical evidence to aid in pursuing justice of the correct suspect(s) involved in a case. The total budget for this purchase is $36,980.

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File #: 22-0392 Agenda Date: 11/21/2022 Agenda #: 2.

Fiscal Impact:

Appropriate $67,507 in the General Fund which the Grant will reimburse and appropriate $12,273 from State COPS Fund (631) for total appropriation of $79,780. The Citizens Option for Public Safety Program (COPS) was created by the State under AB 3229. The State allocated annually a total of $214,200,000 for COPS and Juvenile Justice Crime Prevention (JJCPA) and it is shared among County and City Agencies. The State allocates 5.15% to the County Sheriff’s Office, 5.15% to District Attorney’s Office, 50% for JJCPA, and 39.7% for City and County front line law enforcement services.

The allocations are calculated in a manner that provides a minimum Grant allocation of $100,000 to each law enforcement jurisdiction and it is passed through by the County. Over the last five (5) years the Department’s annual allocation averaged $325,000. The fund pays for 1.5 officers and is budgeted annually. Any remaining funds available may only be spent on front line law enforcement services and equipment and may not be used to supplant existing law enforcement services. The purchase of the
Crime-Lite Camera falls under this category.

The 2022 JAG Grant requires the City of Visalia to comply with the special conditions and the City Mayor is required to execute the Certification and Assurances document prior to the release of funds.

The form is attached for the City of Visalia Mayor’s signature.

Prior Council Action: None
Other: N/A
Alternatives: Not to accept the Grant
Recommended Motion (and Alternative Motions if expected):

Public Hearing: Authorization to accept and appropriate $67,507 for the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the Bureau Justice Assistance (BAJ) and approve the Memorandum of Understanding with Tulare County for the Visalia Police Department JAG 2022 Joint Purchase Program and appropriate an additional $12,273 from Citizens’ Option for Public Safety (COPS) fund 631 for the purchase of a replacement explosive ordinance disposal suit for the Central Valley Regional Bomb Squad and crime lab equipment for the Visalia Police Department.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Grant Award documents & MOU
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1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF VISALIA, CA AND COUNTY OF TULARE, CA 2022 EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 3
RD day of August 2022 by and between the County of
Tulare, hereinafter referred to as County and the City of Visalia, hereinafter referred to as City, both of Tulare County, State of California with reference to the following:

WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and
WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the County was allocated by the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) for Fiscal Year 2022 Edward Byrne Justice Assistance Grant (JAG) in the amount of $26,839: and
WHEREAS, the City was allocated by the U.S Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) for FY 2022 Edward Byrne Justice Assistance Grant in the amount of $40,668: and
WHEREAS, the allocation for City and County is considered a “Disparate Award Amount” by BJA because both the County and City qualify for a direct award, but the award amount for the City is 150% or more than the County award: and
WHEREAS, a joint grant application for the aggregate allocation of $67,507 is required due to the disparate allocation of federal funds: and
WHEREAS, the City and City believe it to be in their respective interests to enter into this Agreement and reallocate the County’s JAG funds to the City for use toward a joint purchase program with the City titled VPD JAG 2022 Joint Purchase Program: and
WHEREAS, the City will comply with all 61 award conditions, and sign the Certification and Assurances by the Chief Executive of the Applicant Government as required by the fiscal agent/applicant but signature by Tulare County is not required: and WHEREAS, the City and the County must abide by state/local policies and procedures regarding governing body review and public comment opportunity: and WHEREAS, the City and County agree to assign the City as the fiscal agent that will submit a joint application and follow the guidelines of the JAG 2022 Grant: and 174
2 NOW THEREFORE, the COUNTY and CITY agree as follows:

Section 1. City will submit a joint grant application on behalf of both the County and City for the aggregate allocation of $67,507.

Section 2. The grant application by the City will state that the funds shall be used for the purchase of replacement bomb suit equipment, which is used by a regional bomb squad that includes both City and County, and for the purchase of crime lab equipment, specifically a Crime-Lite Camera for use in responding to various types of crime scenes to process and collect evidence. The City shall also be solely responsible for administering the grant, maintaining all required documentation, and submitting all required reporting on the grant award.

Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against County other than claims for which liability may be imposed under the Tort Claims Act found in the California Government Code.

Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against City other than claims for which liability may be imposed under the Tort Claims Act found in the California Government Code.

Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.

Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

CITY OF VISALIA COUNTY OF TULARE
City Manager, Leslie Caviglia Chair, Edwardo Valero
Chief of Police, Jason Salazar Sheriff, Mike Boudreaux
APPROVED AS TO FORM:

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0400 Agenda Date: 11/21/2022 Agenda #: 3.

Agenda Item Wording:

Public Hearing (the second of two) to appropriate $4.3M of Measure N Funds and authorize the City Manager to execute an agreement with Forcum/Mackey Construction Inc. of Ivanhoe, CA in the amount of $5,670,000 for the Construction of Visalia Fire Station No. 56 (No. 1410-72000/CP0346- 999).

Deadline for Action: N/A
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Jaklin Rowley, Assistant Project Manager, [email protected], (559) 713-4369 Mike Porter, Project Manager, [email protected], (559) 713-4412 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

1. Conduct the second of two public hearings to amend the Measure N plan and appropriate $4.3M towards the Construction of Visalia Fire Station 56 (No. 1410-72000/CP0346-999) to address a shortfall in the project’s budget.

Upon completion of the Public Hearing:

2. Appropriate $4.3M from Measure N (141) Fund for the Fire Station 56 Project; and

3. Authorize the City Manager to execute an agreement with Forcum/Mackey Construction Inc., in the amount of $5,670,000 for the construction of Fire Station 56.

Summary:

Staff is returning to City Council under the rules of Measure N to hold two public meetings and authorize the $4.3M appropriation. This is the 2nd of 2 public hearings. The Notice for this second Public Hearing was published on 11/10/2022 within 10 days of the regularly scheduled and appropriately noticed Council meeting. Action performed at this City Council meeting will complete the Measure N process to appropriate additional Measure N funds in order to have a budget that can complete the City Council approved scope. Upon completion of the public hearing and receiving public comment, if Council chooses to proceed, Staff is recommending City Council to appropriate the Measure N funds and approve the construction contract.

On November 01, 2022, the Measure N Oversight Committee reviewed and approved the recommendation. Staff returned to City Council on November 7, 2022 in accordance with the city’s Accountability Ordinance (Ordinance 16-21) to hold two public hearings to authorize the $4.3M appropriation. The Notice for the first and second Public Hearings was published on 10/27/2022 and 11/10/2022, respectively, as required in a newspaper of general circulation within 10 days of the Visalia City Council Page 1 of 6 Printed on 11/17/2022
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File #: 22-0400 Agenda Date: 11/21/2022 Agenda #: 3.
11/10/2022, respectively, as required in a newspaper of general circulation within 10 days of the regularly scheduled and appropriately noticed Council meeting.

Background Discussion:

In November of 2016, the voters of Visalia passed a ½ cent Sales Tax Override, Measure N - The Visalia Essential City Services Measure. Sales Tax from Measure N will provide for essential city services such as police and fire, as well as maintenance of parks and roads. The measure uses a detailed, 10-year plan which includes the hiring of personnel, construction of capital projects, and equipment purchases.

As part of the measure, Council adopted an Accountability Ordinance (Ordinance 16-21) to have a high degree of accountability when using Measure N funds. As a result, the following actions are necessary to amend the Measure N spending plan:
· City Manager makes a recommendation to City Council and makes changes as requested. · Comments and recommendations received by Sales Tax Oversite Board. · Two Public Hearings are held at regular Council Meetings to consider recommendations to amend the expenditure plan (tonight’s 2 of 2 public hearings) The current Fire Station 56 is shared with the Cal Fire site on the northeast corner of Lovers Lane and Walnut Avenue. The lease for this station will terminate at the end of 2023. Because of this, City staff identified the need to move fire equipment and personnel to a new Fire Station. The new fire station is designed for two fire engines, a visitor lobby, offices, dining, and sleeping accommodations for fire personnel. The exterior elevations denote cement plaster siding, accented with a dark bronze metal panel trim, and incorporated Coronado stone veneer as part of the building façade (see attachment A: Elevation exhibit).

The fire station will operate 24 hours a day, 365 days a year, which is consistent with other City fire stations. Three on-duty firefighters will be stationed at the facility, with an additional three firefighters present during shift changes. Daily activities for fire personnel include responding to emergency calls, maintaining property, and fire equipment maintenance. Given the fire station’s proximity to residential development, the Battalion Chief noted, per the operational statement, that during late night and early morning hours, fire personnel will only use sirens when necessary to reduce noise impacts to the surrounding sensitive land uses.

City staff performed multiple analyses on three (3) potential project locations for the new Fire Station 56 (see attachment C: alternate site locations map). Ultimately the decision was made to build the station on the west side of Lovers Lane, south of Tulare Avenue (see attachment B: Vicinity Map).

The use of this location altered the site layout and orientation with significant changes to the ingress, egress, and configuration of the building on site. The additional design work/cost for this alternative far outweighed the cost that would have been required to develop the other site locations that were considered. The location of the new fire station provided the City with the opportunity to save money on the extension of utilities, such as water, electricity, gas, sewer, and storm drain. Additionally, there are savings associated with the parcel being ‘shovel ready’ including the elimination or reduction in the need for demolition, orchard removal, on-site grading, off-site grading, paving, and installation of curb, gutter, and sidewalk.

Fire Station 56 is a single-company neighborhood fire station that is modeled after Fire Station 53.

The Fire Station 56 (FS 56) Project consists of a new 6,800 square-foot fire station located on the Visalia City Council Page 2 of 6 Printed on 11/17/2022
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File #: 22-0400 Agenda Date: 11/21/2022 Agenda #: 3.

The Fire Station 56 (FS 56) Project consists of a new 6,800 square-foot fire station located on the west side of Lovers Lane, approximately 400 ft south of Tulare Avenue. The new building construction is a combination of concrete, masonry, steel, and wood. Portions of the existing site are being demolished to facilitate the construction of the new facility. The project includes the development of 0.82 acres of site improvements around the building including curb, gutter, sidewalk, paving, and concrete driveways.

Bid Process:

The City of Visalia advertised for bids from qualified contractors for the construction of Fire Station

56. The bid package had two components: 1) “base bid” for construction of the fire station, and 2) “Unit Prices” for removal of unsatisfactory soil & replacement with satisfactory soil, cutting & patching of concrete floor slabs, and miscellaneous & structural steel.

The standard City bid process was conducted, and on September 30, 2022, City staff opened two (2) bids that were submitted for the project. Per the construction documents, the apparent low bid was established by the lowest base bid. The results are summarized below.

No. Contractor Location Bid Amount

1. Forcum/Mackey Construction, Inc. Ivanhoe CA $5,670,000

2. AMG and Associates, Inc. Santa Clarita CA $6,335,000 Staff reviewed the bids and found that each bidder submitted the required information.

Forcum/Mackey Construction’s Bid proposal was determined to be the lowest responsive bid and as part of the bid review process, the references provided by Forcum/Mackey Construction and their listed subcontractors were checked by staff. The reference projects listed include school construction for Lindsay Unified School District, Riverway Sports Park in the City of Visalia, and completion of Tulare County Fire Station No. 1. Staff recommends the award of the lowest responsive bid from Forcum/Mackey Construction in the amount of $5,670,000 for the construction of Fire Station No. 56.

Fiscal Impact:

This project is funded by Measure N Fund 141 (No. 1410-72000/CP0346-999), additional funds must be appropriated from Measure N to complete the project.

Budget Summary: Construction of Fire Station 56, CP0346 Project Budget $4,000,000
Land Acquisition Costs $435,310
Design Phase Costs (City Staff Time, Cal Water, permit fees, etc.) $245,000 Design Consultant - RRM Design Group $458,083
Construction Cost $5,670,000
Construction Contingency (10%) $567,000
Construction Inspection (1%) $56,700
Construction Management Services - Vanir CM Inc. $395,660 Construction Management (5%) - City Staff Costs $293,500 Material Testing (3%) $170,100
Total Estimated Project Costs $8,291,353
Remaining Balance $(4291353)
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File #: 22-0400 Agenda Date: 11/21/2022 Agenda #: 3.

Construction Cost $5,670,000
Construction Contingency (10%) $567,000
Construction Inspection (1%) $56,700
Construction Management Services - Vanir CM Inc. $395,660 Construction Management (5%) - City Staff Costs $293,500 Material Testing (3%) $170,100
Total Estimated Project Costs $8,291,353
Remaining Balance $(4,291,353)
Appropriate Additional Funds $4,300,000
Due to the identified budget shortfall and in order to complete the project for the Fire Station 56 Construction, staff requests the City Council proceed with the Measure N amendment to appropriate the additional funds in the amount of $4,300,000 towards the Fire Station 56 Construction. A larger construction contingency has been incorporated into the project budget for a revision to the electrical plans and construction to incorporate additional infrastructure which will provide the backbone for a future electric charging system to power an electric fire engine. It is unknown at this time how the change in infrastructure will affect the electrical systems or equipment, as such a higher contingency is being included.

Staff recommends the award of the construction contract and authorization of the additional funding.

Over the past couple of years, revenues from Measure N have been higher than anticipated. Those additional revenues are being proposed to facilitate this project’s need without impeding previously identified programs or projects within Measure N.

The Construction Manager’s (Vanir Construction) estimate for the base bid item (fire station construction) was $6,707,507. The lowest apparent bid came in more than a million dollars under the estimate that was completed by Vanir in September of 2021. This is a very favorable bid price and staff highly recommends the award of the project to Forcum/Mackey Construction.

The past two years have seen considerable increases in construction costs, especially in fire stations, Vanir Construction completed a study showing how prices have increased over the last two years in which they observed price jumps in the following materials at the following amounts: lumber 101%, steel mill products 88%, copper and brass 61%, aluminum 33%, plastics 22%, gypsum 18% and trucking/transportation 15% (see attachment D: Construction Cost Increases). Staff expected the bids to come in far over the estimate that was created last September based on this study and comparable projects that Vanir Construction has been involved in over the last two years. Despite these increases in costs, that have been observed, both bids came in under the estimate. Vanir Construction has worked with Forcum/Mackey in the past and have said they are fair and easy to work with.

Project Schedule
Below is the estimated project schedule. Construction will start after the notice to proceed is issued which is currently scheduled for early January. Vanir Construction and RRM, the project’s Design Team, have concurred the estimated time to complete construction based on similar projects is 14 months. Based on this, construction is expected to be completed in May of 2024 which will be celebrated with a ribbon-cutting ceremony. Firefighters are expected to move into the new station in late spring of 2024. The lease for the exiting fire station 56 is currently being reviewed for an extension so that there is time to complete construction before the firefighters are required to move.

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File #: 22-0400 Agenda Date: 11/21/2022 Agenda #: 3.

Task Start Date Completion
Design February 2019 July 2022
Request for Construction Bids August 2022 September 2022 Measure N Committee and Public Hearings October 2022 November 2022 Construction January 2023 May 2024
Grand opening/Ribbon Cutting May 2024
Move-In May 2024 June 2024
Prior Council Action:

November 7, 2022 - Public Hearing (the first of two) to appropriate $4.3M of Measure N Funds for the Construction of Visalia Fire Station No. 56.

October 17, 2022 - Council accepted the presentation of the Fire Station No. 56 projects bid proposals and authorized staff to begin the Measure N amendment process for the appropriation of $4,300,000 to CP0346 (No. 1410-72000/CP0346-999).

January 19, 2021 - Council authorized the City Manager to execute a contract with the consulting firm of Vanir Construction Management, Inc. for construction management services for the Fire Station 56 December 7, 2020 - Closed session item to discuss the possibility of moving the FS 56 site location to an alternate site on Lovers Lane.

October 19, 2020 - Closed session item to discuss the possibility of moving the FS site location to the SW corner of Tulare & Vista.

October 9, 2019 - Council authorized the City Manager to execute a Professional Services Agreement with RRM Design Group, to provide Architectural and Engineering Design Services for the Fire Station 56 Project.

Alternatives:

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

I move to amend the Measure N spending plan to appropriate $4.3M of Measure N Funds for the Construction of Visalia Fire Station No. 56, and I move to authorize the City Manager to award the construction contract for RFB 22-23-20, for the construction of Visalia Fire Station No. 56, to Forcum/Mackey Construction, Inc., in the amount of $5,670,000.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

FS 56 Building Elevation
Vicinity Map
Ownership Disclosure
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File #: 22-0400 Agenda Date: 11/21/2022 Agenda #: 3.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0427 Agenda Date: 11/21/2022 Agenda #: 4.

Agenda Item Wording:

Public Employment (G.C. 54957) Title: Public Works Director Deadline for Action: 11/21/2021
Submitting Department: Administration
Contact Name and Phone Number: Leslie Caviglia, 713-4371 Department Recommendation:

Approve the appointment of Nicolas Bartsch as Public Works Director.

Background Discussion:

A broad recruitment was conducted to fill the position of Public Works Director. The City received 26 applications and 7 candidates were selected for further consideration. The selection process consisted of screening interviews, panel interviews, and reference checks. After interviewing the top candidates, the City Manager selected Nicolas Bartsch for hire based on his experience, skills, management style, and potential organizational fit.

As the new Public Works Director, Nick will oversee the divisions of Water Reclamation Facility, Wastewater Collections, Solid Waste, Street Maintenance and Traffic Safety, and Fleet Maintenance. Nick has worked for the City of Tulare for the past 8.5 years, with the last 5.5 years in the position of Senior Project Manager in the Public Works Department. In that capacity, Nick oversees the Project Management Division and is responsible for public works infrastructure improvements, contract management, and managing the design and construction of major capital projects.

Prior to his experience with the City of Tulare, Nick worked in the private sector for six years as a private construction management consultant for various municipalities and local school districts. Nick is a native of Visalia and has a bachelor’s degree in Construction Management from Cal Poly State University in San Luis Obispo. The City Manager believes Nick will be an excellent fit for the City of Visalia and the Public Works Department. He has the knowledge, expertise and demeanor to provide strong leadership for the department and the organization.

Starting annual salary for Nick will be $177,104. The current salary range for the position is $168,671 - $195,116. The Public Works Director is also eligible for standard benefits consistent with those provided to other department head employees as outlined in the City of Visalia Department Head Compensation and Benefit Summary. These include, but are not limited to, medical, dental and vision insurance, retirement, holidays, sick leave, administrative leave, $425 monthly car allowance, and long-term disability insurance.

The Public Works Director is an at-will department head position, and per the City Charter, is appointed by the City Manager subject to approval of the City Council. Nick has successfully completed the City’s extensive background process, and the City Manager now requests Council approve the appointment of Nicolas Bartsch Visalia City Council Page 1 of 2 Printed on 11/17/2022
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File #: 22-0427 Agenda Date: 11/21/2022 Agenda #: 4.
as Public Works Director.

Fiscal Impact:

Annual salary $177,104 excluding benefits
Prior Council Action: n/a
Other: n/a
Alternatives: Provide alternative direction
Recommended Motion (and Alternative Motions if expected):

I move to approve the appointment of Nicolas Bartsch as Public Works Director Environmental Assessment Status: n/a
CEQA Review: n/a
Attachments: Resume of Nicolas Bartsch
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Nicholas Bartsch
6318 W. Babcock Ave.

Visalia, CA 93291
(559) 802-8658 (cell)
[email protected]
Education
California Polytechnic State University, San Luis Obispo, CA Bachelor of Science: Construction Management – June 2006 Redwood High School, Visalia, CA – June 2001

Licenses/Certification Licensed General Building Contractor – State of California – Class B – Bartsch Construction - Lic. No. 925838

Work Experience
City of Tulare
Sr. Project Manager 1/2017 – Present
• Leadership, Oversight and Management of the Project Management Division • Supervise, Evaluate, and Train Staff
• Plan, Organize, Assign and Review Work of Staff
• Citywide Project Programming, Oversight and Project Management Training • Program Budget Forecasting, Funding Coordination and Cost Estimate Analysis & Tracking • Grant Application, Coordination, and Implementation
• Project Scoping, Budgeting and Feasibility Analysis
• Policy and Procedure Development
• Inter-Departmental Coordination
• Design Oversight, Plan Review, Constructability Analysis and Value Engineering Review • Utility and Outside Agency Coordination
• Standard Specification Development and Contract Management • Right-of-Way Acquisition Coordination
• Project Delivery Method and Team Selection
• Bidding Coordination
• Contract and Schedule Review
• Construction Administration, Project Cost Accounting and Schedule Tracking • Change Order Management and Tracking
• Review & Interpretation of Construction Documents
• Dispute Resolution
• Report Preparation and Presentation
Projects:
 Oversight, Development and Adoption of City-Wide ADA Transition Plan  Sacramento St. Improvements - (Bardsley Ave. – Pleasant Ave.) Utility and Pavement Reconstruction  Maple Ave. Improvements - (Sacramento St. – E St.) Utility and Pavement Reconstruction  Sonora Ave. Improvements - Utility and Pavement Reconstruction  Tract 65 & 372 Improvements - Utility and Pavement Reconstruction  Tulare Ave. Improvements - Utility and Pavement Reconstruction  Various ADA Sidewalk and Curb Ramp Improvements
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 Parkwood Meadows Park – Sidewalk Trail Improvements
 Tulare Airport Restroom Building
 Cross Ave. Improvements (Maricopa St. – West St.) – Utility and Pavement Reconstruction  Pleasant Ave. Improvements (Enterprise St. – H St.) – Utility and Pavement Reconstruction  Prosperity Ave. & West St. Intersection and New Traffic Signal Improvements  Various Storm Water and Sewer Lift Station Rehabilitation Improvements  Sequoia-Spruce Tracts Improvements – Utility and Pavement Reconstruction  Elliott Tract Improvements – Utility and Pavement Reconstruction  Pratt St. (Bardsley Ave. – Inyo. Ave.)/Mefford-Choice Tract Improvements – Utility & Pavement Reconstruction
 Prosperity Ave. & J St. Traffic Signal & Union Pacific Rail Road Crossing – Intersection Safety Improvements
 Sycamore Ave. & San Joaquin Ave. (O St. – Blackstone St.) Improvements – Utility & Pavement Reconstruction
 Academy Ave. & Apricot Ave. (O St. – Blackstone St.) Improvements – Utility & Pavement Reconstruction
 New Municipal Water Well at North J St. & Cartmill Ave.  Former Tulare Courthouse Acquisition, Design & Renovation  Zumwalt Park Redevelopment
Project Manager 5/2014 – 1/2017
• Citywide Project Oversight and Project Management Training • Program Budget Forecasting, Funding Coordination and Cost Estimate Analysis & Tracking • Project Scoping, Budgeting and Feasibility Analysis
• Design Oversight, Constructability and Value Engineering Review • Project Delivery Method and Team Selection
• Bidding Coordination
• Contract and Schedule Review
• Utility and Outside Agency Coordination
• Construction Administration, Project Cost Accounting and Schedule Tracking • Change Order Management and Tracking
• Project Progress Meeting Coordination and Documentation • Review & Interpretation of Construction Documents
• Report Preparation and Presentation
Projects:
 J St., Alpine, and Cartmill Well and 2 Million Gallon Water Storage Tanks  Various New Well and Well Rehabilitation Improvement Projects  Development of the Transportation Management Team, Establishment and Implementation of the 5-year Transportation/Utility Infrastructure Capital Improvements Program  Bardsley Grade Separation
 Cartmill Ave./Highway 99 Interchange
 Santa Fe Trail Grade Separation
 Sunrise Park Improvements
 Centennial Park Improvements
 Owens Ave. & I St. Improvements - Utility and Pavement Reconstruction  Cherry St., Bash Alley, Lyndale Dr. Improvements - Utility and Pavement Reconstruction  O St. Improvements - (Bardsley Ave. – Pleasant Ave.) Utility and Pavement Reconstruction  ‘H’ St. (Cross Ave. – Prosperity Ave.) Utility Improvements and Pavement Reconstruction  ‘E’ St. (Bardsley Ave. – Prosperity Ave.) Utility Improvements and Pavement Reconstruction  ‘B’ St. (Inyo Ave. – San Joaquin Ave.) Utility Improvements and Pavement Reconstruction  Laspina St. (Tulare Ave. – Santa Fe Trail Crossing) Utility Improvements and Pavement Reconstruction
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 Prosperity Ave. & ‘E’ St. Utility Improvements and Intersection Realignment & Signalization  Prosperity Ave. (West St. – J St.) Pavement Reconstruction  Prosperity Ave. & ‘J’ St. Traffic Signal Improvements  Prosperity Ave. & Oaks St. Traffic Signalization
 Prosperity Ave. & ‘M’ St. Traffic Signal Improvements  Brentwood St. (Cross Ave. – Prosperity Ave.) Pavement Reconstruction  Citywide Pavement Fiber-Surface Seal Project
 Various Citywide Sidewalk Improvements
 Numerous New Solar Bus Shelter Installations
 Tulare City Pool – Demolition and Mitigation
 Transit Driveway and Corporation Yard Improvements

CM Construction Services, Inc., Visalia, CA 8/2008 – 5/2014 Project Manager – Construction Management
• Design Oversight, Constructability and Value Engineering Review • Program Budget and Cost Estimate Analysis & Tracking
• Project Delivery Method and Team Selection
• Bidding Coordination
• Contract and Schedule Review
• Permit, Public Agency and Utility Coordination
• Construction Administration, Project Cost and Schedule Tracking • Project Progress Meeting Coordination and Documentation • Review & Interpretation of Construction Documents
• Report Preparation and Presentation
• Dispute Avoidance and Resolution
• Forensic Construction Management – Project Review, Analysis and Assistance in Litigation Preparation • Site Supervision and Jobsite Management
Projects:
 2012 – 2014 – City of Visalia Transit – Facility & Route Maintenance and Construction  2011-2013 – Modernization of two Fire Stations – City of Tulare - $2.6 million  2011-2013 – Mulcahy Sports Park – City of Tulare - $1.6 million  2012 – City of Tulare Animal Control Facility
 2012 Coalinga Sports Complex – City of Coalinga
 2011 Tulare County Probation Office Renovation - $2.25 million  2010 - 2011 Tulare County Capital Projects: Renovations, Maintenance, Planning Oversight & Review  2010 Classroom Buildings – El Tejon Unified School District - $8.8 million  2009 High School Modernization – Exeter Public Schools - $2 million  2009 Multi Use & Admin Building at Wilson Elementary School – Exeter Public Schools - $6.2 million  2009 - 2011 New Community Center & Church Restoration – City of Farmersville, CA - $3 million  2009 - 2011 New Fire Station – City of Farmersville, CA - $4.5 million (Design Phase)  2008 Storm Drain Relocation and Basin Backfill – Kaweah Delta Health Care District - $.65 million

Standard Pacific Homes, Orange County Division, Irvine, CA 7/2006 – 8/2008 Assistant Construction Manager – General Contractor
• Managed Options Tracking, Quality Assurance, and Scheduling and Supervision of Subcontractors • Coordinated Inspections with City and County Building Inspectors and Special Testing Labs • Negotiated Prices and Extra Work Orders
• Managed and Maintained a Clean and Organized Job Site and managed S.W.P.P.P. implementation 227
Projects:
 ±5,000 Square Foot Single-Family homes in Westchester, CA  1,200-2,000 Square Foot – Single-Family Model Home Complex in Ontario, CA  1,200-1,400 Square Foot Multi-Family Condos in Torrance, CA (1 Hour - Fire Rated Buildings)

Customer Care Manager
• Managed (4) Communities that were “Out of Warranty.” (Homes that were between 2-10 years old) • Managed (1) Active Community (Homes that were less than 1 year old and under the 1 Year Warranty) • Inspected homeowner service requests, evaluated and scheduled “warranty” work to be performed • Set Homeowners expectations, stood by the homeowner’s warranty manual and was as helpful as possible while managing the budget
• Developed trusting and reliable relationships with homeowners and subcontractors

Skills
Organization, Time Management, Communication, Customer Satisfaction, Dispute Resolution and Negotiation.

Computer: Microsoft Office: Microsoft Word, Microsoft PowerPoint, Microsoft Outlook, Microsoft Excel; Prolog Manager, AutoCad, Adobe, Microsoft Project, Tyler Technologies - Eden Cost Accounting.

General Construction: Demolition & Grading, Concrete, Electrical, Mechanical, Plumbing, Rough and Finish Carpentry, Drywall, and other miscellaneous trades. Drafting and Design. 228
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0428 Agenda Date: 11/21/2022 Agenda #:

Agenda Item Wording:

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

Buyer: State of California Department of Transportation Seller: City of Visalia
APN: 119-010-021 (portion)
Purpose: Ave 280 and State Route 99 interchange project Price: $30,000.00
Closing Date: 10/18/2022
Closed Session Council Date: February 7, 2020
Ordinance No.: 2022-03
Project Manager: Chantha Chap
Visalia City Council Page 1 of 1 Printed on 11/21/2022
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0397 Agenda Date: 11/21/2022 Agenda #:

Agenda Item Wording:

UPCOMING CITY COUNCIL MEETINGS:

Monday, December 05, 2022 at 7:00 p.m., 707 W. Acequia
Monday, December 19, 2022 at 7:00 p.m., 707 W. Acequia
Note: Meeting dates/times are subject to change, check posted agenda for correct details.

Visalia City Council Page 1 of 1 Printed on 11/21/2022
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Visalia City CouncilNovember 21, 2022

Visalia City Council
November 21, 2022