Visalia City Council
May 15, 2023

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Emmanuel Hernandez Soto
Council Member Steve Nelsen
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, May 15, 2023

ROLL CALL
CALL TO ORDER WORK SESSION - 4:00 PM (Unless otherwise noted)

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

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

WORK SESSION AND ACTION ITEMS (as described)

1. NEW EMPLOYEE INTRODUCTIONS:

Police Department:

Elizabeth Jones, Media & Communications Manager / Police & Fire PIO Benjamin Oakes, Officer
Pablo Rivera, Officer
Steve Vang, Officer
Erica Castillo, Records Specialist
Community Development:

Maricela Delgado, Permit Tech.

Sara MacLennan, Assistant Engineer
Josh Dan, Senior Planner
23-0187

2. Receive a presentation on the City of Visalia’s efforts and response to the Spring 2023 Flood Event to include a summary of the research, planning, and coordination of city staff and the City of Visalia’s unified command position with California Fire (Cal Fire) Incident Management Team 3.
23-0180

1 City Council Meeting Agenda - Final May 15, 2023

3. Receive the May 2023 Annual Operations Report for the Downtown Visalia Property and Business Improvement District (DTVPBID) as required by Property and Business Improvement District Law of 1994 (PBID Law) and the current agreement between the City and the Downtown Property Owner's Association and Approve
DTVPBID 5% assessment increase as proposed, or amended, to be included in the 2023/2024 tax roll, as required by the DTVPBID Management District Plan (MDP).
23-0107

4. Receive the Annual Operation Report for the Town-Center Business Improvement Area and approve amended agreement with Downtown Visalians Inc. to administer the revenues generated from the business tax override to support Downtown Visalia. 23-0153

5. Consideration of and direction on initiating potential Municipal Code Updates related to Allowing the Keeping of “Chickens” in Residential Zones.
23-0191
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

SPECIAL PRESENTATION / RECOGNITION

1. Proclamation Recognizing National Public Works Week 23-0198

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

2 City Council Meeting Agenda - Final May 15, 2023
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only. 23-0207

2. Request authorization to file a Notice of Completion for the Fleet Maintenance Settlement Repair Project. Project No.
(1420-72000/CP0250)
22-0454

3. Authorize the City Manager to file a Notice of Completion for; the Enhanced Crosswalk at Denton Street and Ferguson Avenue Project (CIP 3010-72000/CP0297-999) and the Linwood Street Pedestrian Pathway Project (CIP 3010-72000/CP0476-999) and an additional appropriation of $29,000 from the Measure R Local Fund to the Linwood Street Pedestrian Pathway Project.
23-0134

4. Consider for re-appoint two current commissioners for second term on the Parks and Recreation Commission.
23-0168

5. Authorize the City Manager to award a sole source purchase order for the repair and replacement of piping components of Digester #4 at the Water Reclamation Facility (WRF) to W .M. Lyles Company for a not to exceed amount of $284,000 and appropriate an additional $150,000 from the Wastewater Fund (431) to CIP Digester Cleaning & Equipment Repairs (CP9768).
23-0171

6. Authorize the City Manager to award Request for Bids (RFB) 22-23-37, an annual contract for On-Call Concrete
Repair/Replacement to Sierra Range Construction of Visalia, CA. for the not to exceed amount of $200,000, based on proposed unit pricing. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods upon mutually agreed upon terms.
23-0174

3 City Council Meeting Agenda - Final May 15, 2023

7. Second reading and adoption of Ordinance No. 2023-02, a request by the City of Visalia to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an agricultural preservation ordinance to implement Visalia General Plan Land Use Policy LU-P-34. The project applies citywide to properties within the Urban Growth Boundary Tiers II and III established by the Visalia General Plan. A Notice of Exemption was prepared for the new ordinance in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183 (Public Resources Code §21083.3).

Notice of Exemption No. 2023-23 disclosed that the Agricultural Land Preservation ordinance will have no additional environmental review based upon the ordinance implementing General Plan Land Use Policy LU-P-34, uniformly on development projects that convert prime farmland and farmland of statewide importance in Urban Growth Boundary Tier II and Tier III.
23-0175

8. Authorize the City Manager to execute a new sole source contract with Ruckstell California Sales Co. for service, repair, and parts for refuse truck bodies including Heil, Mammoth and Edge bodies, and Tommy Liftgates. This contract will be for one year, with 4 one-year optional renewals with a not to exceed amount of $400,000 per year, $2,000,000 over the life of the contract.
23-0176

9. Authorize the City Manager to execute a Restricted Grant Agreement between the City of Visalia and the California Department of Transportation, as well as any future amendments, for the North Visalia Beautification Project application to be submitted to the Clean California Local Grant Program and appropriate $3.1M, contingent upon grant award. Resolution No. 2023-16 required.
23-0178

10. Approve Resolution 2023-14, designating the positions of City Manager, Assistant City Manager, and Finance Director as authorized agents for official correspondence with FEMA and CalOES.
23-0184

11. Authorize changes to terms and conditions of employment with all represented and unrepresented City of Visalia employee
bargaining groups.
23-0203

12. Authorize for the City Manager to enter into a five (5) year Cooperative Agreement with the National Park Service (NPS) to continue in-park Sequoia Shuttle service, in conjunction with the City of Visalia’s Gateway Sequoia Shuttle service, for an annual contract amount received of $1,784,123, to be adjusted annually by Consumer Price Index (CPI), Producer Price Index (PPI), and any requested service adjustments and related costs.
23-0177

4 City Council Meeting Agenda - Final May 15, 2023

13. Request for Council to confirm the change of the Visalia and Hispanic Chambers of Commerce Measure N Oversight Board appointed member selection from Gil Jaramillo to Armondo Apodaca.
23-0186

REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. Authorize Changes to Terms and Conditions of Employment by and between the City of Visalia and City Manager
23-0204

CLOSED SESSION REPORT

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

Buyer: City of Visalia
Seller: Francisco Acevedo Family L.P., a Limited Partnership APN: 126-670-002 & 126-670-004 (portion)
Purpose: Caldwell Widening Project - Santa Fe to Lovers Land Brief Description: Right of Way - 0.02 acres; TCE - 1,150 sq. ft.

Price: $7,700.00
Closing Date: 5/9/2023
Closed Session Council Date: N/A
Project Manager: Fred Lampe
23-0196

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

5 City Council Meeting Agenda - Final May 15, 2023

1. Upcoming City Council Meetings:

Monday, June 5, 2023 @ 7:00 p.m. at 707 W. Acequia
Monday, June 19, 2023 @ 7:00 p.m. at 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. 23-0206

6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0187 Agenda Date: 5/15/2023 Agenda #: 1.

Agenda Item Wording:

NEW EMPLOYEE INTRODUCTIONS:

Police Department:

Elizabeth Jones, Media & Communications Manager / Police & Fire PIO Benjamin Oakes, Officer
Pablo Rivera, Officer
Steve Vang, Officer
Erica Castillo, Records Specialist
Community Development:

Maricela Delgado, Permit Tech.

Sara MacLennan, Assistant Engineer
Josh Dan, Senior Planner
Visalia City Council Printed on 5/12/2023Page 1 of 1
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7 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0180 Agenda Date: 5/15/2023 Agenda #: 2.

Agenda Item Wording:

Receive a presentation on the City of Visalia’s efforts and response to the Spring 2023 Flood Event to include a summary of the research, planning, and coordination of city staff and the City of Visalia’s unified command position with California Fire (Cal Fire) Incident Management Team 3.

Deadline for Action: 5/15/2023
Submitting Department: Fire Department
Contact Name and Phone Number: Dan Griswold, Fire Chief, 559-713-4220 Department Recommendation:

Receive Spring 2023 Flood Event presentation.

Background Discussion:

Friday, March 10, 2023 marked the first of multiple, significant atmospheric river rain events to impact Visalia and Tulare County over the following couple of weeks. March 10th also marked the start of city staff’sactive monitoring and planning for the potential impacts several inches of warm rain, over a short period of time, and added to low elevation snow in the Sierra Nevada foothills, could have on the City of Visalia. On this first Friday, and over this first weekend, staff tracked rainfall amounts in the City of Visalia and in the Sierras and how the downslope flows from rain and added snowmelt were affecting Visalia’s ditches, streams, and the St. John’s River. City staff began actively monitoring these waterways for spots of potential weakness, overflow, and for debris that could be removed.

On Monday, May 13, 2023, the City of Visalia declared a local state of emergency based on the unknown impacts the significant rain and mountain snowmelt would have on Visalia’swaterways.

Also on Monday, May 13th, the City of Visalia officially opened the Visalia Emergency Operations Center (EOC) to continue research, planning, and coordination to respond to the effects of record amounts of rainfall and snowfall passing through the City of Visalia.

The critical functions of the EOC were staffed and personnel from every City department were involved in the research and response planning to potential flooding. Staff began tracking the capacity of Kaweah Reservoir, the amount of outflow and inflow from Kaweah Reservoir, and the water flow amounts at key points between the City of Visalia and upper elevations. Flows were monitored from Kaweah Reservoir and at McKay Point, Dry Creek, and Mill Creek so staff could start establishing timelines of how long water from the mountains took to reach the City. Tracking the amounts of flows throughout these first several days of the event also allowed staff to identify what these unprecedented flows looked like in Visalia’swaterways. These benchmarks could then be referenced throughout the event to predict areas of concern and potential trigger points. Other EOC priorities in the first few days were establishing evacuation zones and plans, identifying and coordinating collection points and emergency shelters for evacuated citizens, identifying the Visalia City Council Printed on 5/12/2023Page 1 of 3
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coordinating collection points and emergency shelters for evacuated citizens, identifying the vulnerable and high-risk waterways within the City, identifying and planning for critical facilities within the City, and communicating to our citizens through various means the best information available to help them make informed decisions. The aforementioned EOC activities are a sampling of the research and planning that was accomplished. Each task was planned to a level of detail where implementation was the next action.

Outside the City of Visalia, the initial days of the flood event were being managed by a Tulare County Type III incident management team comprised of personnel from many emergency response agencies throughout Tulare County including personnel from the Visalia Fire Department. On Tuesday, March 14th, The City of Visalia and the City of Porterville entered unified command with the Tulare County Type III Team. On Wednesday, March 15th, command of the incident transitioned to California Fire (Cal Fire) Team 3, Type I incident management team and the Cities of Visalia and Porterville remained in unified command with Cal Fire. A Cal Fire Type I team brings a team of numerous trained personnel experienced in managing large scale incidents and brings a large pool of responders and resources for incident support and response. Being in unified command with the Type I team gave the City of Visalia integration and an official role in incident planning and establishing incident priorities. Additionally, the information, resources, and materials were more readily available in the event the City had a request or a need. The Cities of Visalia and Porterville withdrew from unified command on March 24, 2023, after it was determined the conditions locally did not necessitate large scale incident management.

The Spring 2023 Flood Event is an example of one of the more challenging aspects of emergency planning and response, planning for unknown, yet significant potential impacts with incomplete or imperfect information. City Staff used every resource and tool, current and historical, available to interpret, analyze, and make meaningful conclusions for planning. Staff planned for the worst-case scenario so as new forecasts and analysis was received, planning did not have to make a significant adjustment.

Throughout this flood event, City Staff prioritized communicating and updating the community with current information and relevant guidance. The unknown nature of this event presented challenges with what to communicate and when was the appropriate time. The City prioritized being proactive in relaying information determined to be valid and necessary guidance to the community.

The Visalia EOC remained open, however at a deescalated level starting Wednesday, March 22, 2023, due to weather and water flow forecasts being more favorable and stable for the City. The EOC remained set up in the event local conditions dictated a need to reoccupy. City staff continues to monitor the capacity of Kaweah Reservoir, flows passing through the City, and the conditions of the waterways within the City.

The research, communication, and coordination by City staff during the Spring 2023 Flood Event yielded quality analysis to make informed decisions throughout the event. Additionally, cooperation between City staff, utility companies, local water management agencies, and various other entities was effective to ensure all stakeholders were sharing information and confirming the details to plan around. Lastly, staff will archive pertinent research and plans developed during this event and will incorporate necessary lessons and additions into future City EOC training.

Chief Bill See of Cal Fire and the Incident Commander of Team 3, Type I incident management team, will be present to give an overview of the flood impact and response countywide and the interagency Visalia City Council Printed on 5/12/2023Page 2 of 3
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cooperation management of the incident.

Fiscal Impact:

N/A
Prior Council Action: At the Monday, March 20, 2023 regular city council meeting, City Council ratified the declaration of local emergency proclaimed on Monday, March 13, 2023.

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

No motion required.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 2023 Spring Flood Event Presentation
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10 Spring 2023 Flood Event

DAN GRISWOLD, FIRE CHIEF, CITY OF VISALIA

BILLY SEE, INCIDENT COMMANDER, CAL FIRE INCIDENT MANAGEMENT TEAM 3
11 General Timeline
• Friday, March 10
• City staff began monitoring the first of several atmospheric river events to impact Tulare County. • Monday, March 13
• Declared a local stated of emergency.
• Officially opened the Visalia Emergency Operations Center (EOC). • Outside the City of Visalia, flood event being managed by a Tulare County Type III incident management team (IMT). • Tuesday, March14
• The Cities of Visalia and Porterville entered into unified command with Tulare County Type III Team. • Wednesday, March 15
• Flood event command was transitioned from the Tulare County Type III Team to CalFire Team 3, Type I IMT. City of Visalia remained in unified command.
• Wednesday,March 22
• City of Visalia EOC activities de-escalated yet remained in stand-by status. • Friday, March 24
• The Cities of Visalia and Porterville withdrew from unified command with CalFire Team 3. 12 Visalia EOC Efforts
The critical functions of the EOC were staffed for research, analysis, planning, and potential response.
• Operations
• Planning
• Logistics/Finance
• Administration
13 Operations
• Monitored and maintained Visalia’s waterways.
• Established evacuation zones/plans.
• Evaluated critical infrastructure.
• Evaluated for special risk facilities.
• Maintained public sandbag locations.
14 Planning
• Tracked Kaweah Reservoir levels and flows.
• Tracked flows between the Sierras to Visalia.
• Identified vulnerable waterways and points along Visalia’s waterways.
• Researched historical data and studies for application to current situation.
• Created GIS mapping for planning, monitoring, and response. 15 Logistics/Finance
• Identified and secured collection points and emergency shelters. • Ensured city staff assigned to flood related details were properly equipped and supported.
• Gave direction for cost tracking of flood related expenses for potential reimbursement.
16 Administration
• Participated in various briefings to collect and analyze current information and forecasts.
• Communicated pertinent information and updates to appropriate stakeholders.
• Prioritized and managed a communication plan to update the community with current information and relevant guidance. 17 Unified Command with CalFire
• County-wide incident command transition to CalFire Team 3, Type I incident management team on Wednesday, March 15th and the City of Visalia remained in unified command.
• Type I teams are comprised of personnel experienced in managing large-scale incidents.
• Type I teams come with a large poolof responders and resources for incident support and response.
• Being in unified command allowed the City a role in incident planning and establishing incident priorities.
• Incident information, resources, and materials were readily available in the event the City had a request or a need.
• Visalia Fire had personnel assigned to the Type I Team. 18 Challenges
• Planning for unknown, yet significant, potential impacts with incomplete or imperfect information.
• Local government enhanced
• Planning/response strategy
• Knowing what information and the appropriate time to relay information to the community.
• Prioritized being proactive with relaying information determined to be valid and necessary guidance to the community.
19 Opportunities
• Identified areas for future training.
• Continue interagency communication and cooperation.
• Developed analysis to be archived for future use.
• Emergency Operations Plan to be updated with current, relevant information.
20 Conclusion
• Recognize the impacts in Tulare County.
• Acknowledge the interagency cooperation within the community. • Acknowledge the efforts of city staff.

Comments by Billy See, Incident Commander Cal Fire Team 3 21 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0107 Agenda Date: 5/15/2023 Agenda #: 3.

Agenda Item Wording:

Receive the May 2023 Annual Operations Report for the Downtown Visalia Property and Business Improvement District (DTVPBID) as required by Property and Business Improvement District Law of 1994 (PBID Law) and the current agreement between the City and the Downtown Property Owner's Association and Approve DTVPBID 5% assessment increase as proposed, or amended, to be included in the 2023/2024 tax roll, as required by the DTVPBID Management District Plan (MDP).

Deadline for Action: 5/15/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Melody Murch, 559-713-4379, [email protected] <mailto:[email protected]> Department Recommendation:

That Council:

1. Receive the Annual Operations Report for the Downtown Visalia Property and Business Improvement District (DTVPBID), and;

2. Approve the 5% increase in DTVPBID assessments as proposed, or amended, for the 2023- 24 tax roll, making any changes they deem necessary prior to approval.

Background Discussion:

The Downtown Visalia Property and Business Improvement District (DTVPBID) is an assessment district which provides activities and improvements to Downtown property owners. The DTVPBID was created in 1998 and has been extended by ballot of the affected property owners ever since. The DTVPBID is in its 5th iteration, and the current duration is January 1, 2020, through December 31, 2029. In accordance with the DTVPBID Management District Plan (MDP), the City has contracted with the Downtown Visalia Property Owner’s Association (DTVPOA) for the administration of the DTVPBID, and the DTVPOA has subcontracted this administration to Downtown Visalians, Inc.

The DTVPBID is required to submit the attached annual operations report by May 31st each year in accordance with the Property and Business Improvement District Law of 1994 (PBID Law) and the current agreement between the City and the DTVPOA. The report summarizes past, current, and planned activities, improvements, and the financial state of the DTVPBID. The report must also include any planned assessment increases. Council’s role, according to PBID Law, is to review the attached report to ensure consistency with the Management District Plan (MDP) and make any changes it deems necessary to ensure compliance with the MDP as balloted by the affected property owners.

The MDP sets the maximum annual increase in assessments. To accommodate increases to the Visalia City Council Printed on 5/12/2023Page 1 of 5
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California Minimum Wage which occurred annually through January 2022, the MDP allowed a 10% increase through the 3rd year of the plan (2022). Beginning with year 4 (2023), annual increases have been limited to 5% each year for the remainder of the plan. The requested 5% assessment increase for year 4 (2024) complies with the maximum allowed increase under the MDP. The proposed 5% increase for the 2024 year is shown in Table 1: Summary of Proposed 2024 DTVPBID Increase.

Table 1: Summary of Proposed 2024 DTVPBID Increase
Description City of Visalia All Others Total Assessments 2023 PBID Assessment 145,886$ 489,734$ 635,620$ Proposed Increase 7,294 24,487 31,781$ 2024 PBID Assessment 153,180$ 514,221$ 667,401$ Any assessment increase approved by Council tonight will be brought back on June 5, 2023, as part of the Tax Roll process.

Additional Information :

DTVPBID V Formation: Since 1998, the DTVPBID has collected assessments under PBID Law to provide funding for improvements and activities to preserve and enhance the economic condition of Downtown Visalia. The 5th iteration of the DTVPBID was formed on July 15, 2019, by a ballot of the owners of property located within the district and began on January 1, 2020. As prescribed by the current MDP, administration of the DTVPBID is being performed by the Downtown Visalia Property Owners Association (DTVPOA) under a management agreement approved by City Council on December 3, 2019. As required by PBID Law, and included in the agreement with the DTVPOA, the annual operations report is to be prepared and presented to the City Council each year. The deadline of May 31st has been set to allow the inclusion of any assessment increases approved by council in the annual Tax Roll process.

Reporting Requirement: The annual operations report is required by PBID Law and the DTVPOA Management Agreement to include certain information summarized by the following items excerpted from section 2.B. of the agreement. The full PBID Management Agreement is included as Attachment B to this item.

Agreement Section 2.B.

B. Prepare and provide to the City, for review by the City Council, an annual operations report for all matters covered under this Agreement on or prior to May 31, 2020, and thereafter no later than May 31st of each year. Such annual report shall include financial summaries to be provided in the format set forth in Exhibit A, and account for:
i. all actual revenue, activities and expenditures during the fiscal year of the District (January I through December 31) prior to the year of the report;
ii. ii. all to-date and projected revenue, activities and expenditures during the then current fiscal year; and
iii. a specific management plan, including operating budget, for the fiscal year following the Visalia City Council Printed on 5/12/2023Page 2 of 5
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year of the report. The specific management plan and budget for the following fiscal year shall specify the actual maintenance, activities and improvements proposed to be provided for in that year along with their estimated cost; and
iv. shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies and also include any additional information required under §36650(b) of the PBID Statute, such as:

1. Any proposed changes to the boundaries, benefit zones, or classification of property within the district.

2. The method and basis of levying assessments, including any proposed increases, in sufficient detail to allow property owners to estimate the amount of their individual assessments.

3. The estimated amount of any surplus or deficit revenues to be carried from previous fiscal years.

4. The estimated amount of any contributions to be made from sources other than district assessments.

The City Council shall review the report to ensure consistency with the Plan. In accordance with the provisions of PBID Statute, the City Council may approve the report as filed by the DVPOA or may modify any particular contained in the report and approve it as modified.

Plan Changes and Assessment Increases: While the City is required by the MDP to contract with the DTVPOA for management of the DTVPBID, the power to modify any aspect of the annual report, prior to approval, lies with the City Council, with one notable exception. The City Council may not make or approve any changes that would prevent the DTVPBID from funding scheduled payments on any executed contract or debt service obligation. This is the City Council’s opportunity to review the justification for any changes or assessment increases and hold the DTVPBID accountable for any controllable rising costs.

The attached report submitted by the DTVPOA (Attachment A) details the proposed activities and the proposed 5% assessment increase for the 2024 PBID year. These proposed items are intended to be reviewed by the City Council to ensure consistency with the MDP. The maximum annual inflationary increase allowed by the MDP was set at 10% for years two and three (2021 and 2022) and reduced to 5% for the remaining 7 years (2023 to 2029). This was due to the expectation that costs would continue to increase at a rate higher than 5% until the mandated increases to the California Minimum Wage were completed in January 2022. The proposed 5% increase for the 2024 year is shown above in Table 1: Summary of Proposed 2024 DTVPBID Increase.

The maximum assessment increase allowed for the 2024 DTVPBID year is set by the MDP rather than by any Consumer Price Index (CPI) rate. For this reason, it is important to consider the justification for any requested increase in the DTVPBID assessments. According to the Bureau of Labor Statistics, the CPI for All Urban Consumers (CPI-U) increased 5.0% over the 12 months leading up to March of 2023. While the future rate of inflation is difficult to predict, the documented

5.0% increase in the cost of goods and services over the last year justifies the requested 5% increase to the DTVPBID assessments, and staff recommends approval of the proposed 2023 assessment amount.

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Any assessment increase approved by Council tonight will be brought back on June 5, 2023, as part of the Tax Roll process.

PBID Fund (375) Balances:

The City administers the collection of DTVPBID revenue through the annual tax roll process. Once collected, the funds are held in a Fiduciary Fund, pending quarterly payment requests from the POA.

As of December 31, 2022, the balance of the PBID Fiduciary Fund (375) was $529,554. This balance consisted of $85,998 in prior-year, unspent funds, and $443,556 in assessments collected in preparation for the start of the 2023 DTVPBID year. The balance of 2023 DTVPBID assessment remaining to be collected on December 31, 2022 was $186,238.

Fiscal Impact:

As shown above in Table 1: Summary of Proposed 2024 DTVPBID Increase, the additional cost of the City’s combined assessment would increase by $7,294 if the 5% assessment increase is approved. This would bring the total City contribution to the DTVPBID to $153,180. Shown below, in Table 2: City DTVPBID Assessment Detail, is the breakdown of the payment between the General Fund, Convention Center, and Visalia Transit.

Table 2: City DTVPBID Assessment Detail
Description
General
Fund
Convention
Center
Visalia
Transit
Total
Assessments
2023 City PBID Assessment 101,065$ 36,416$ 8,405$ 145,886$ Proposed Increase 5,053 1,821 420 7,294 2024 City PBID Assessment 106,118$ 38,237$ 8,826$ 153,180$ Prior Council Action:
• July 15, 2019: DTVPBID V Ballot process and formation • December 3, 2019: Approval of Management Agreement with DTVPOA • Annual Reports received, and Assessment Increases approved on:
o May 18, 2020 (10% increase)
o May 17, 2021 (10% increase)
o May 16, 2022 (5% increase)
Other: The report presentation for this item will be combined with the report presentation for the Town-Center Business Improvement District which is also being brought to Council on this same date.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move that Council:
1) Receive the 2022 Downtown Visalia Property Based Improvement District Annual Operations Report, and
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2) Approve the proposed 5% increase in PBID assessments to be included in the 2024 Tax Roll amount to be brought back for adoption in June 2023, and Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

Attachment A: Annual DTVPBID Operations Report
Attachment B: DTVPBID Management Agreement dated January 1, 2020 Attachment C: DTVPBID Management District Plan & Engineer’s Report (MDP) Visalia City Council Printed on 5/12/2023Page 5 of 5
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28 29
30 31
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42 April 22, 2019
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

DOWNTOWN VISALIA PROPERTY AND

BUSINESS IMPROVEMENT DISTRICT

MANAGEMENT DISTRICT PLAN & ENGINEER’S REPORT
2020-2029
43 Downtown Visalia PBID Management District Plan i

CONTENTS

I. Overview ................................................................................................................................................. 1 II. Impetus ................................................................................................................................................... 2 III. Background............................................................................................................................................. 3 IV. Accomplishments .................................................................................................................................. 4 V. Boundaries .............................................................................................................................................. 5 VI. Service Plan & Budget .......................................................................................................................... 6 A. Improvements and Activities 6
B. Annual Budget 6
C. Assessment Budget 7
D. Zone Assessment Budgets 8
E. Annual Maximum Assessment Budget 8

VII. Governance ............................................................................................................................................ 9 A. Owners’ Association 9
B. Brown Act & Public Records Act Compliance 9
C. Annual Report 9

VIII. Engineer’s Report ................................................................................................................................ 10 Appendix 1 – Maximum Annual Assessment Rates ......................................................................................... 21 Appendix 2 – PBID Law ....................................................................................................................................... 22 Appendix 3 – Parcel Assessment Calculations .................................................................................................. 34 Appendix 4 – Total Estimated Maximum Cost of Improvements, Maintenance, and Activities ............ 44 Appendix 5 – Services by Zone ............................................................................................................................ 45 Appendix 6 – Map .................................................................................................................................................. 46

Prepared by Civitas
www.civitasadvisors.com
(800)999-7781
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Downtown Visalia PBID Management District Plan Page 1
I. OVERVIEW

Developed by a growing coalition of property owners, the Downtown Visalia Property and Business Improvement District ( DTVPBID) is a benefit assessment district whose main goal is to provide improvements and activities which constitute and convey a special benefit to assessed parcels. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, incr eased occupancies, and specifically increased property values. As required by state law, property owners have created this Management District Plan (Plan) to renew the DTVPBID.

Location: The DTVPBID generally includes parcels in the downtown area of the City of Visalia, as shown on the map in Section V.

Purpose: The purpose of the DTVPBID is to provide activities and improvements which constitute and convey a special benefit to assessed parcels. The DTVPBID will provide environmental enhancements, economic enhancements, and related administration programs directly and only to assessed parcels within its boundaries.

Budget: The DTVPBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be $ 500,291.13. The annual budget may be subject to an increase in assessment rates of no more than ten percent (10%) per year. The assessment funds will be supplemented by non -assessment funds (such as grants an d event income), so that the total budget for the initial year is estimated at $525,179.97.

Cost: The assessment rate (cost to the parcel owner) is based on parcel size and benefit zone.

The initial annual rate to each parcel is shown in the table below. Assessment rates may be subject to an increase of no more than ten percent (10%) per year for the second and third years of the renewed term and no more than five percent (5%) per year for the fourth through tenth years of the renewed term.

Initial Parcel Assessment Rates
Parcel Type Parcel Size (sq. ft.)
Benefit Zone Zone 1 Zone 2
Commercial $0.140 $0.045

Renewal: DTVPBID renewal requires submittal of petitions from property owners representing more than fifty percent (50%) of the total assessment. The “Right to Vote on Taxes Act” (also known as Proposition 218) requires a ballot vote in which more than fifty percent (50%) of the ballots received, weighted by assessment, be in support of the DTVPBID.

Duration: The DTVPBID will have a ten (10) year life beginning January 1, 2020 through December 31, 2029. Near the end of the term , the petition, ballot, and City Council hearing process must be repeated for the DTVPBID to again be renewed.

Management: The Downtown Visalia Property Owner's Association (the Association) will continue to serve as the Owners’ Association for the DTVPBID.
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II. IMPETUS

There are several reasons why now is the time to renew the DTVPBID. The most compelling reasons are as follows.

1. The Need to be Proactive in Determining the Future of Downtown Visalia.

In order to protect their investment, parcel owners must be partners in the process that determines the level and frequency of services, and how new improvements and development projects are implemented. The DTVPBID will allow these owners to lead and shape future services and improvements through the DTVPBID.

2. The Need to Attract New Business and Investment throughout Downtown Visalia.

If Downtown Visalia is to compete as a successful commercial district it must develop its own well- financed, proactive strategy to retain businesses and tenants as well as attract new busin ess and investment. The DTVPBID provides the financial resources to develop and implement a focused strategy that will work to prevent and fill vacancies and attract new tenants to all areas of the DTVPBID.

3. An Opportunity to Create a Private/Public Partnership with a Unified Voice for Downtown Visalia.

Because parcel owners would be investing financial resources through the DTVPBID, they will be looked upon as a strong partner in negotiations with the City. This partnership will have the ability to leverage the parcel owner’s investment with additional public investment in Downtown Visalia.

4. An Opportunity to Establish Private Sector Management and Accountability.

A non-profit, private organization formed for the sole purpose of improving Downtown Visalia will manage the services provided and the DTVPBID. Annual DTVPBID work plans and budgets are developed by a board composed of stakeholders that own property in the Downtown Visalia.

Improvements and activities provided by the DTVPBID are subject to private sector performance standards, controls, and accountability.

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III. BACKGROUND

The International Downtown Association estimates that more than 1,500 Property and Business Improvement Districts (PBIDs) currently operate throughout the United States and Canada. PBIDs are a time-tested tool for property owners who wish to come together and obtain collective services which benefit their properties.

PBIDs provide supplemental services in addition to those provided by local government. They may also finance physical and capital improvements. These improvements and activities are conce ntrated within a distinct geographic area and are funded by a special parcel assessment. Services and improvements are only provided to those who pay the assessment.

Although funds are collected by the local government, they are then directed to a priv ate nonprofit.

The nonprofit implements services and provides day-to-day oversight. The nonprofit is managed by a Board of Directors representing those who pay the assessment, to help ensure the services meet the needs of property owners and are responsive to changing conditions within the PBID.

PBIDs all over the globe have been proven to work by providing services that improve the overall viability of commercial districts, resulting in higher property values, lease rates, occupancy rates, and sales volumes.

The DTVPBID will be renewed pursuant to a state law that took effect in January of 1995. The “Property and Business Improvement District Law of 1994,” which was signed into law by Governor Pete Wilson, ushered in a new generation of Property and Business Improvement Districts in California. Key provisions of the law include:

 Allows a wide variety of services which are tailored to meet specific needs of assessed properties in each individual PBID;
 Requires property owner input and support throughout the renewal process;  Requires written support on both a petition and ballot from property owners paying fifty percent (50%) of proposed assessments;
 Allows for a designated, private nonprofit corporation to manage funds and implement programs, with oversight from property owners and the City;  Requires limits for assessment rates to ensure that they do not exceed the amount owners are willing to pay; and
 Requires the PBID be renewed after a certain time period, making it accountable to property owners.

The “Property and Business Improvement Business District Law of 1994” is provided in Appendix 2 of this document.

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IV. ACCOMPLISHMENTS

During the previous term of the DTVPBID, the Downtown Visalia Property Owner's Association has achieved significant results for the benefit of assessed property owners within the DTVPBID.

Examples include:

 Upgraded and installed decorative lighting on 48 trees along Main Street. Decorative lights are maintained annually and removed and rehun g for tree maintenance every three years.
 LED light upgrade to Candy Cane Lane holiday lighting.  Removal of over 14,000 graffiti tags (1,650 annually).  Provision of 24/7 security services. There have been just under 25,000 call for service (3,000 annually) and 30,000 vagrant contacts.
 Landscaping improvements including a total revamp and enhancement of the Main Street corridor and converting to drip irrigation systems.  Pedestrian safety enhancements along the Main Street corridor.  Parking in-lieu fees designed to attract businesses to the DTVPBID.  Enclosure artwork improvements.
 DTVPBID maintenance programs.

In the next term of the DTVPBID, the Downtown Visalia Property Owner's Association envisions the following:

 Street light replacements in January 2020.
 Water infrastructure replacements along Main Street in January 2020.  Using Public Safety Planning grant funds to improve traffic flows, bicycle safety, and pedestrian safety throughout the DTVPBID.

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V. BOUNDARIES

The DTVPBID generally includes parcels in the downtown area of the City of Visalia, as shown on the map below. The service area includes approximately 374 properties with 241 property owners. The DTVPBID boundary is illustrated by the map below. A larger map is available on r equest by calling (916)437-4300 or (800)999-7781.

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VI. SERVICE PLAN & BUDGET

A. Improvements and Activities
The DTVPBID will provide supplemental improvements and activities that are above and beyond those provided by the City and other government agencies. None of the services to be provided by the DTVPBID are provided by the City or other government agencies. The improvements and activities will be provided directly and only to assessed parcels; they will not be provided to parcels that are not assessed. Each and every service is unique to the DTVPBID, thus the benefits provided are particular and distinct to each assessed parcel.

1. Environmental Enhancements
The environmental enhancement programs may include public safety patrols to support crime prevention and reduce the incidence of nuisance crimes, streetscape and landscape enhancements to make the DTVPBID more attractive, graffiti removal to provide a cleaner DTVPBID environment, and general DTVPBID maintenance including sidewalk sweeping and steam cleaning.

2. Economic Enhancements
The economic enhancement programs and incentives are designed to attract, grow, and incubate new businesses. DTVPBID economic enhancements programs will also include an in- lieu parking program to remove barriers to downtown development and promotions to improve the downtown image and invite customers to assessed parcels within the DTVPBID.

3. Administration
The administration portion of the budget will be utilized for administrative costs associated with providing the activities and improvements. Those costs may include rent, telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses.

4. Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of the Owners’ Association. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the Board of Directors of the Owners’ Association. The reserve fund may be used for the costs of renewing the DTVPBID.

B. Annual Budget
A projected ten (10) year budget for the DTVPBID is provided below. The overall budget shall remain consistent with this Plan. In the event of a legal challenge, assessment funds may be used to defend the DTVPBID. The annual budget is based on the following assumptions and guidelines:

1. The cost of providing improvements and activities may vary depending upon the market cost for those improvements and activities. Expenditures may require adjustment up or down to continue the intended level of improvements and activities. The Association shall annually have the ability to re-allocate up to fifteen percent (15%) of the budget allocation by line item within the budgeted categories. Any change will be approved by the Association and submitted with the Annual Report.
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2. Funds not spent in any given year may be rolled over to the next year.

3. The assessment rate may be subject to annual increases that will not exceed ten percent (10%) per year for the second and third years of the renewed term and will not exceed five percent (5%) per year for the fourth through tenth years of the renewed term . Increases will be determined by the Association and will vary each year. The projections below illustrate the maximum annual increase for all budget items.

4. Each budget category includes all costs related to providing that improvement, maintenance, or activity, in accordance with Generally Accepted Accounting Principles (GAAP). For example, the environmental enhancements budget includes the cost of staff time dedicated to overseeing and implementing environmental enhancements programs. Staff time dedicated purely to administrative tasks is allocated to the administration and advocacy portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories, as appropriate in accordance with GAAP. The staffing levels necessary to provide the DTVPBID improvements, maintenance, and activities will be determined by the Association on an as - needed basis.

C. Assessment Budget
The total improvement , maintenance, and activity budget for 2020 that is funded by property assessments is $500,291.13. In addition to the assessment revenue, the programs will be supplemented by non-assessment funds. The total of non -assessment funds, and the determination of special and general benefit, in included in the Engineer’s Report. The total of assessment and non -assessment funds is provided in Appendix 4. Below is an illustration of the estimated total asses sment budget allocations for each budget category for the ten (10) year life of the DTVPBID. The allocation of the assessment funds is governed by Section E below. Non -assessment funds may be shifted between budget categories as needed by the Association.

Environmental
Enhancements,
$375,218.35 , 75%
Economic
Enhancements,
$70,040.76 , 14%
Administration,
$40,023.29 , 8%
Contigency / Reserve,
$15,008.73 , 3%
Initial Year Assessment Budget - $500,291.13
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D. Zone Assessment Budgets
Funds may only be spent on improvements , maintenance, and activities provided in the zone from which they funds were derived. The budget for 2020, broken down by zone, is below.

Benefit Zone Zone 1 Zone 2
Environmental Enhancements $266,100.24 $109,118.11
Economic Enhancements $49,672.04 $20,368.72
Administration $28,384.03 $11,639.26
Contingency / Reserve $10,644.01 $4,364.72
Zone Totals $354,800.32 $145,490.81

E. Annual Maximum Assessment Budget
The budget below assumes the maximum annual increase of ten percent (10%) per year for the second and third years of the renewed term and of five percent (5%) per year for the fourth through tenth years of the renewed term.is enacted and that there are no changes to the categorical budget allocations.

Year Environmental
Enhancements
Economic
Enhancements Administration Contingency /
Reserve Total
2020 $375,218.35 $70,040.76 $40,023.29 $15,008.73 $500,291.13 2021 $412,740.19 $77,044.84 $44,025.62 $16,509.60 $550,320.25 2022 $454,014.20 $84,749.32 $48,428.18 $18,160.56 $605,352.26 2023 $476,714.91 $88,986.79 $50,849.59 $19,068.59 $635,619.88 2024 $500,550.66 $93,436.12 $53,392.07 $20,022.02 $667,400.87 2025 $525,578.19 $98,107.93 $56,061.67 $21,023.12 $700,770.91 2026 $551,857.10 $103,013.33 $58,864.76 $22,074.28 $735,809.47 2027 $579,449.96 $108,163.99 $61,807.99 $23,177.99 $772,599.93 2028 $608,422.45 $113,572.19 $64,898.39 $24,336.89 $811,229.92 2029 $638,843.58 $119,250.80 $68,143.31 $25,553.74 $851,791.43 Total $5,123,389.59 $956,366.07 $546,494.87 $204,935.52 $6,831,186.05

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VII. GOVERNANCE

A. Owners’ Association
The District shall be governed by the Downtown Visalia Property Owner's Association, with oversight from the Visalia City Council. The Downtown Visalia Property Owner's Association shall serve as the Owners’ Association described in the Streets and Highways Code §36651. The Board of Directors of the Association and its staff are charged with the day-to-day operations of the DTVPBID.

A majority of the Board of Directors of the Downtown Visalia Property Owner's Association must be parcel owners paying the DTVPBID assessment. The Board of Directors shall be composed as follows:
 Directors must represent diversity in property and business type, including both large and small property owners, as well as different uses within the DTVPBID boundaries including office, retail, hospitality, government, and non-profits;
 Directors will also include business owners who may not be property owners; and  Directors will also include representatives of both benefit zones.

B. Brown Act & Public Records Act Compliance
An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its Board of Directors or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association must act as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the Association Board of Directors and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners ’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.

C. Annual Report
The Association shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 2). The annual report is a prospective report for the upcoming year and must include:

1. Any proposed changes in the boundaries of the DTVPBID or in any benefit zones or classification of property within the district;

2. The improvements, maintenance, and activities to be provided for that fiscal year;

3. The estimated cost of providing the improvements, maintenance, and activities to be provided for that fiscal year;

4. The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year;

5. The estimated amount of any surplus or deficit revenues to be carried o ver from a previous fiscal year; and

6. The estimated amount of any contributions to be made from sources other than assessme nts levied pursuant to this Plan.

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VIII. ENGINEER’S REPORT

The DTVPBID’s parcel assessments will be imposed in accordance with the provisions of Article XIIID of the California Constitution. Article XIIID provides that “only special benefits are assessable,”1 and requires the City to “separate the general benefits from the special benefits conferred on a parcel.” 2 Special benefits are a “particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public -at-large.”3 Conversely, a general benefit is “conferred on real property located in the district or to the public -at- large.”4 Assessment law also mandates that “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”5 The Engineer determined the total cost of the improvements, maintenance, and activities, quantified the general benefit accruing to the public -at-large and non -assessed parcels adjacent to and within the DTVPBID, and separated that amount from the special benefit accruing to the assessed parcels.

Then, the Engineer determined the proportional special benefit derived by each parcel and allocated the special benefit value of the improvements, maintenance, and activiti es accordingly. The Engineer’s determinations and detailed calculations are summarized in this report.

A. Separation of General and Special Benefits
Each of the improvements, maintenance, and activities, and the associated costs and assessments within the DTVPBID, were reviewed, identified, and allocated based on special and general benefits pursuant to Article XIIID of the California Constitution. The assessment has been apportioned based on the proportional special benefits conferred to the assessed parce ls located within the DTVPBID boundaries as determined below.

1. General Benefits
Unlike special benefits, which are conferred directly and only upon assessed parcels, a general benefit is conferred on the general public or non -assessed parcels. Existing City and other public services, which are provided to every person and parcel, everywhere within the City, are an example of a general benefit. Although the DTVPBID’s boundaries have been narrowly drawn and programs have been carefully designed to provide sp ecial benefits, and improvements, maintenance, and activities will only be provided directly to assessed parcels, it is acknowledged that there will be general benefits as a result of the DTVPBID’s improvements, maintenance, and activities.

The California Constitution mandates that “only special benefits are assessable, and an agency shall separate the general benefits from the special benefits.” 6 “Generally, this separation and quantification of general and special benefits must be accomplished by appor tioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits.” 7 The first step that must be undertaken to separate general and special benefits provided by the DTVPBID’s improvements, maintenance, and activities is to identify and quantify the general benefits. There are two bodies who can receive general benefits: the public- at-large within the DTVPBID, and non-assessed parcels surrounding the DTVPBID.

1 Cal. Const., art. XIII D, §4(a)
2 Cal. Const., art. XIII D, §4(a)
3 Id., §2(i)
4 Cal Const., art XIII D, §2(i)
5 Cal. Const., art. XIII D, §4(a)
6 Cal. Const., art XIII D, §4(a)
7 Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.App.4th 416 54 April 22, 2019
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General Benefit to the Public-at-Large
Although the improvements, maintenance, and activities are narrowly designed and carefully implemented to specially benefit the assessed parcels, and only provided directly to assessed parcels, they will generate a general benefit to the public-at-large within the DTVPBID. State law indicates that “Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or perso ns not assessed.” 8 However, “the mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.”9 Further, “the value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance , or activities of a property -based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.”10 Thus, although there may be some incidental benefit to persons engaged in business on the assessed parcels, that incidental benefit is not considered general benefit because it is inherently produced by improvements, maintenance, and activities that provide special benefits to the assessed parcels. There is, however, a general benefit to persons not engaged in business on the assessed parcels.

Intercept surveys conducted in similar districts have found that approximately 97.3% of pedestrian traffic within PBID boundaries is engaged in business on assessed parcels, while the remaining approximately 2.7% is simply passing through and not engaging in business on the assessed parcels11.

The 2.7% of traffic passing through does not have any connection to the assessed parcels, and therefore does not represent a special benefit to the assessed parcels. The 2.7% will, however, receive a derivative and indirect general benefit as a result of the improvements, maintenance, and activities being provided in the District. Therefore, it is estimated that 2.7% of the benefit created by the District’s services is general benefit provided to the public -at-large. To ensure that the assessment dollars do not fund general benefits to the public -at-large, that portion of the cost of improvements, maintenance, and activities will be paid for with funds not obtained through assessments. Using the 2.7% figure, based on the initial year improvement, maintenance, and activity budget, the value of this general benefit to the public-at-large is $14,179.86 ($525,179.97*0.027).

General Benefit to Non-Assessed Parcels
Although they are only provided directly to the assessed parcels, the DTVPBID’s improvements, maintenance, and activities may also confer general benefits upon non -assessed parcels surrounding the DTVPBID. One study examining property values in PBID areas found “no evidence of spill - over impacts (either good or bad) on commercial properties located just outside the BID’s boundaries;”12 however, the California Court of Appeals has stated that “services specifically intended for assessed parcels concomitantly confer collateral general benefits to surrounding properties.”13 It is reasonable to conclude that improvements, maintenance, and activities within the DTVPBID will have an incidental impact on non -assessed parcels surrounding the DTVPBID boundaries. Alt hough the legislature has indicated that “the value of any incidental , secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property -based

8 Streets and Highways Code section 36601(h)(2)
9 Ibid
10 Streets and Highways Code section 36622(k)(2)
11 Surveys conducted in: North Park, San Diego (January 2015); Mack Road, Sacramento (July 2014); and Sunrise MarketPlace, Citrus Heights (December 2013)
12 Furman Center for Real Estate & Urban Policy; The Impact of Business Improvement Districts on Property Values: Evidence from New York City (2007) p. 4
13 Beutz v. Riverside (2010) 184 Cal.App.4th 1516
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district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit,” 14 the California Court of Appeals has noted that “the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement…or receives an indirect, d erivative advantage resulting from the overall public benefits of the improvement.” 15 Those derivative and indirect impacts are considered general benefits and will be quantified and separated.

In this Engineer’s opinion, because improvements, maintenance, and activities are provided only within the DTVPBID and on its perimeter, parcels separated from the DTVPBID by either at least one intervening parcel or an impassable physical barrier such as a wall, railroad track, freeway, or ditch will not receive sp ill over benefits. Parcels separated from the DTVPBID will not benefit because they are physically removed from the actual location of improvements, maintenance, and activities provided, and do not face serviced parcels. Therefore, this analysis consider s non-assessed surrounding parcels that are immediately adjacent to and accessible from the DTVPBID’s boundaries.

The total DTVPBID improvement, maintenance, and activity budget for the first year is $ 525,179.97.

After reducing the improvement, maintenance, and activity budget by the general benefit to the public-at-large ($14,179.86), the remaining benefit to parcels is $ 511,000.11. This benefit has been distributed to both assessed and non-assessed parcels using the following methodology. The general benefit to the public -at-large has been proportionally allocated to the DTVPBID’s improvement, maintenance, and activity categories as shown in the following table.

Category Benefit to Parcels Benefit to
Public-at-Large Total
Environmental Enhancements $383,695.86 $10,647.27 $394,343.13 Economic Enhancements $71,094.24 $1,972.81 $73,067.05
Administration; Contingency/Reserve $56,210.01 $1,559.78 $57,769.79 TOTAL $511,000.11 $14,179.86 $525,179.97

To determine the general benefit to parcels, the Engineer assigned each parcel group a benefit factor, determined the appropriate parcel characteristic to use in the calculation, multiplied the benefit factor by the benefit characteristic to determine the benefit units attributable to each parcel group, and apportioned the remaining service cost (service cost minus general benefit to the public) in accordance with the benefit units derived by each parcel group.

Benefit Factors
All parcels within and adj acent to the DTVPBID have been assigned a benefit factor to mathematically represent the proportional special and general benefit and quantify the value of each.

The determination of benefit factors for each type of improvement, maintenance, and activity follows.

Improvements
The improvements to be provided by the DTVPBID provide two types of special benefits:

14 Streets and Highways Code section 36622(k)(2)
15 Tiburon v. Bonander (2009) 180 Cal.App.4th 1057, 1077 56 April 22, 2019
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Improvement – The primary special benefit provided by the DTVPBID’s improvements is the improvements themselves, which are available to tenants and customers of assessed parcels.

Proximity – The DTVPBID’s improvements also provide the special benefit of being in proximity to a parcel that is benefitting from an improv ement, as parcels will enjoy the spillover benefits of neighboring parcels utilizing the improvements.

The majority of the benefit is the improvements themselves; proximity is a lesser benefit. It is this Engineer’s estimation that eighty -five percent ( 85%) of the special benefit from the DTVPBID’s improvements is the improvement, while the presence and proximity special benefits each account for fifteen percent (15%) of the special benefit. Assessed parcels will receive both benefits; non - assessed parcels within and adjacent to the DTVPBID will not be directly improved, and therefore only receive the general benefit of proximity.

Tangible Activities
The tangible activities (those that are physically provided via a person or people working throughout the DTVPBID) to be provided by the DTVPBID generate three types of special benefits:

Service – The primary special benefit provided by the DTVPBID’s physical activities is the actual service.

Presence – The DTVPBID’s physical activities also provide the special benefit of an individual’s presence on the assessed parcel as the activities are provided, which can have a deterrent effect and creates a positive impression that the area is well -maintained and safe.

The “Disneyland effect” is the benefit the parcels receive from the observation that parcels are being maintained. There are studies which link the perception of cleanliness to a perception of increased security.

Proximity – The DTVPBID’s physical activities also provide the special benefit of being in proximity to a cleaner, safer parcel. Neighboring parcels enjoy the spillover benefits of being adjacent to increased safety and cleanliness.

The majority of the benefit received by the parcels is the result s of the DTVPBID’s services; onsite presence and proximity are lesser benefits. It is this Engineer’s estimation that seventy -five percent (75%) of the special benefit from the DTVPBID’s physical activities is the service, while the presence and proximity benefits each account for twelve and one -half percent (12.5% presence,

12.5% proximity) of the special benefit. Assessed parcels will receive all three benefits; non -assessed parcels within and adjacent to the DTVPBID will not be directly serviced by individuals present on the parcels and therefore only receive the general benefit of proximity.

Intangible Activities
Some of the DTVPBID’s activities, such as marketing, are distinct in that they are not provided to a targeted area within the DTVPBID, rather they are provided via Internet, radio, and other forms of media and targeted at an audience outside the DTVPBID in an effort to bring the audience into the DTVPBID. These activities provide two types of special benefits:

Direct Exposure – The primary special benefit provided by the DTVPBID’s intangible activities is exposure. The intangible activities increase awareness of the DTVPBID as a commercial and business destination and lead to increased patronage.

Incidental Exposure – The DTVPBID’s intangible activities will also have a secondary special benefit of incidental exposure, such as word -of-mouth exposure, that results from the direct 57 April 22, 2019
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exposure and increases awareness of the DTVPBID as a commercial and business destination.

The majority of the benefit from these activities is the direct exposure; the incidental exposure is a lesser benefit. It is this Engineer’s estimation that ninety percent (90%) of the special benefit from the intangible activities is direct exposure, while ten perc ent (10%) is incidental exposure. Assessed parcels will receive both as special benefits; non -assessed parcels within and adjacent to the DTVPBID will not be directly marketed and therefore only receive the general benefit of incidental exposure.

Factors Determined
Based on the foregoing analysis, all assessed parcels within the DTVPBID specially benefit from the DTVPBID’s improvements, maintenance, and activities, and have been assigned a benefit factor of

1.0. Parcels that are not assessed have been assigned benefit factors based on the portion of the benefit they will receive, as described above. The non -assessed parcels will benefit from 15% of the improvements, 12.5% of the tangible activities , and 10% of the intangible activities ; therefore they have been assigned benefit factors of 0.150, 0.125, and 0.100, respectively.

Non-Assessed Benefit Characteristics
There are two types of parcels that are not assessed; those within the DTVPBID and those immediately adjacent to and accessible from the DTVPBID. Because they generally benefit in a differing manner, distinct parcel characteristics are used to quantify the general benefit to each type.  Inside – Non-assessed parcels inside of the DTVPBID are surrounded by parcels that are assessed and receiving the full special benefits; they will, therefore, receive the general benefit of proximity. These parcels are impacted on more than one side by the DTVPB ID’s improvements, maintenance, and activities and improvements, maintenance, and activities are provided all around them. Because these parcels are surrounded by specially benefitted parcels, it is appropriate that parcel square footage be used to measur e the general benefit they receive.
 Adjacent – Adjacent parcels are those that are immediately adjacent to or directly across the street from specially benefitted parcels, and accessible from specially benefitted parcels.

These parcels generally benefit differently than those inside the DTVPBID, because these parcels are adjacent to, rather than surrounded by, specially benefitted parcels. Square footage is not an appropriate measure of benefit to these parcels. Because the parcels are not surrounded by serviced parcels, a long, shallow parcel with the same square footage as a deep, narrow parcel will receive a different level of general benefit. Likewise, two parcels with the same depth but a different width adjacent to serviced parcels will benefit differently.

To account for this difference, it is appropriate that parcel linear frontage be used to measure the general benefit the adjacent parcels receive.

Calculations
To quantify and separate the general benefit to non -assessed parcels, the following calculations were undertaken for each budget category.

1. The total service budget for each category was determined and the amount of general benefit to the public-at-large was subtracted from the category budget.

2. The benefit factor applicable to each improvement, maintenance, or activity was multiplied by the linear frontage of assessed and non -assessed parcels, to determine the number of benefit units received by each parcel group. 58 April 22, 2019
Downtown Visalia PBID Management District Plan Page 15

3. The benefit units for all parcel groups were summed, and the percent age of benefit units attributable to each parcel group was calculated.

4. The total remaining improvement, maintenance, and activity budget, less the amount already determined to be general benefit to the public -at-large, was allocated to general and special benefit categories for each parcel group using the calculated benefit percent and applicable benefit characteristic methodology.

5. The special and general benefit r esulting from the administration and contingency / reserve portions of the budget were deter mined based on the proportional allocation of benefits derived from improvements, maintenance, and activities.

Environmental Enhancements
The environmental enhancements budget, minus the amount of general benefit to the public -at- large, is $ 383,695.86. The calculations below determine the amount of general benefit to non - assessed parcels within the DTVPBID. The environmental enhancements budget category contains both improvements and tangible activities; out of an abundance of caution, the Engineer u sed the higher 0.150 benefit factor to quantify the general benefit.

Parcel Type
Square
Footage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Assessed 5,767,417 X 1.000 =5,767,417.00 99.428% X $383,695.86 = $381,502.67 Non-Assessed 221,039 X 0.150 =33,155.85 0.572% X $383,695.86 = $2,193.19

The environmental enhancements budget, minus the amount of general benefit to the public and non-assessed parcels within the DTVPBID, is $ 381,502.67. The calculations below determine the amount of general benefit to parcels adjacent to the DTVPBID.

Parcel Type
Linear
Frontage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Inside 95,991 X 1.000 =95,991.00 98.353% X $381,502.67 = $375,218.35 Adjacent 10,718 X 0.150 =1,607.70 1.647% X $381,502.67 = $6,284.32

Therefore, the allocation of the environmental enhancements budget is as follows:

General Benefit – Public At Large $10,647.27
General Benefit – Inside Parcels $2,193.19
General Benefit – Adjacent Parcels $6,284.32
Special Benefit $375,218.35
Total $394,343.13

Economic Enhancements
The economic enhancements budget, minus the amount of general benefit to the public -at-large, is $71,094.24. The calculations below determine the amount of general benefit to non -assessed parcels within the DTVPBID. The economic enhancements budget category contains intangible activities; the Engineer used the 0.100 benefit factor to quantify the general benefit. 59 April 22, 2019
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Parcel Type
Square
Footage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Assessed 5,767,417 X 1.000 =5,767,417.00 99.618% X $71,094.24 = $70,822.81 Non-Assessed 221,039 X 0.100 =22,103.90 0.382% X $71,094.24 = $271.43

The economic enhancements budget, minus the amount of general benefit to the public and non - assessed parcels within the DTVPBID, is $70,822.81. The calculations below determine the amount of general benefit to parcels adjacent to the DTVPBID.

Parcel Type
Linear
Frontage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Inside 95,991 X 1.000 =95,991.00 98.896% X $70,822.81 = $70,040.76 Adjacent 10,718 X 0.100 =1,071.80 1.104% X $70,822.81 = $782.05

Therefore, the allocation of the economic enhancements budget is as follows:

General Benefit – Public At Large $1,972.81
General Benefit – Inside Parcels $271.43
General Benefit – Adjacent Parcels $782.05
Special Benefit $70,040.76
Total $73,067.05

Administration; Contingency / Reserve
The administration and contingency / reserve budget line items relate to the improvements, maintenance, and activities provided. These costs have been allocated proportionally based on the special and general benefit provided by each category.

Special Benefit to
Parcels
General Benefit
to Parcels
Environmental Enhancements $375,218.35 $8,477.51
Economic Enhancements $70,040.76 $1,053.48
Improvement, Maintenance, and Activity Totals $445,259.11 $9,530.99 Percent 97.904% 2.096%
Administration; Contingency / Reserve $55,032.02 $1,177.99 Total Parcel Benefits $500,291.13 $10,708.98

iv. Total Benefits
Based on the foregoing calculations, the total benefits to assessed parcels, non -assessed parcels, and the general public are:

Special Parcel General Public Total
Environmental Enhancements $375,218.35 $8,477.51 $10,647.27 $394,343.13 60 April 22, 2019
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Economic Enhancements $70,040.76 $1,053.48 $1,972.81 $73,067.05 Administration;
Contingency / Reserve $55,032.02 $1,177.99 $1,559.78 $57,769.79 Total $500,291.13 $10,708.98 $14,179.86 $525,179.97
c. Non-Assessment Funding
The programs funded by the DTVPBID receive additional non -assessment funding in the form of city funding, grants, corporate sponsorships, event income, and other miscellaneous funds. These funding sources are anticipated to equal or exceed the amount of general benefit conferred an nually by the DTVPBID’s improvements, maintenance, and activities, $ 24,888.84. These non -assessment funds will be used to pay for the general benefit provided by the DTVPBID’s improvements, maintenance, and activities, ensuring that parcel assessments wil l only be used to provide special benefits.

2. Special Benefit
The improvements, maintenance, and activities to be provided by the DTVPBID constitute and convey special benefits directly to the assessed parcels. Assessment law requires that “the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided.” 16 Further, “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” 17 Special benefit “includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed.”18 To determine the total special benefit value to be conveyed to the assessed parcels, we deduct the general benefit value ($ 24,888.84) from the total value of the improvements, maintenance, and activities ($525,719.97). The remaining $500,291.13 is considered the special benefit to assessed parcels (the “Total Assessment”). The Total Assessment represents the total value of the special benefit to be provided by the improvements, maintenance, and activities. The Total Assessment has been proportionally divided among the assessed parcels so that no assessment exceeds the reasonable cost of the proportional special benefit conferred on a parcel. The assessment rate has been designed to ensure that “properties that receive the same propo rtionate special benefit pay the same assessment.”19

Service Provided
Total Benefit
Value
General
Benefit
Value to
Public
Benefit Value
to Parcels
(Special &
General)
Special Benefit
to Assessed
Parcels
Environmental Enhancements $394,343.13 $10,647.27 $383,695.86 $375,218.35 Economic Enhancements $73,067.05 $1,972.81 $71,094.24 $70,040.76 Administration $42,014.40 $1,134.39 $40,880.01 $40,023.29

16 Cal. Const., art XIII D §4(a)
17 Ibid
18 Streets and Highways Code section 36615.5
19 Tiburon v. Bonander (2009) 180 Cal.App.4th 1057
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Contingency / Reserve $15,755.39 $425.39 $15,330.00 $15,008.73 TOTAL $525,179.97 $14,179.86 $511,000.11 $500,291.13

B. Assessment Methodology

1. Base Formula
Each parcel will be assessed based on proportional special benefits received. The variables used for the annual assessment formula are parcel size and benefit zone . These variables are appropriate measures of the proportional special benefit because the need for services, level of services, and quantity of services are all relative to these variables; thus the special benefit provided to each parcel by the services can be proportionally measured using these variables.

Determination of Assessment Rates
“Because not all parcels in the district are identical in size…some will receive more special benefit than others.” 20 Each of the variables used relates directly to the servi ce level and special benefit provided to each parcel. Parcel square footage is the size of the parcel, measured in square feet.

Size is an appropriate measure of proportional special benefit because it relates directly to the quantity of services provided to the parcel, the highest and best use of a parcel, and reflects the long- term value implications of the DTVPBID. The larger a parcel, the more services and benefit the parcel will receive.

To determine the assessment rates, the assessed parcels wer e classified by the estimated benefit assessed parcels receive, the estimated special benefit value of the improvements, maintenance, and activities provided to each type was determined based on approximate cost of service provision, and an assessment rate that is proportional to the estimated proportional benefit received by assessed parcels was determined.

To determine the assessment rates, the estimated special benefit value for assessed parcels was divided by the total assessable parcel square footage as shown in the tables below.

Parcel Size
The DTVPBID’s services will benefit each assessed parcel as a whole. The service budget which, in this Engineer’s estimation, represents special benefits to the parcels, has been allocated based on parcel size.

Parcel Type Initial Parcel
Size Budget
Parcel Square
Footage
Initial Parcel
Assessment
Rate
($/sqft/yr)
Zone 1 Commercial $354,800.32 ÷ 2,534,288 = $0.1400
Zone 2 Commercial $145,490.81 ÷ 3,233,129 = $0.0450

Summary of Assessment Rates
Therefore, for the initial year, the maximum annual assessment rates to parcels are as shown below and in Appendix 1. Maximum annual assessment rates may be subject to an increase of no more than ten percent (10%) per year for the second and third years of the renewed term and no more than five percent (5%) per year for the fourth through tenth years of the renewed term, as shown in Appendix 1.

20 Dahms v. Downtown Pomona (2009) 174 Cal.App.4th 708
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Initial Parcel Assessment Rates
Parcel Type Parcel Size
(sq. ft.)
Zone 1 Commercial $0.1400
Zone 2 Commercial $0.0450

Sample assessment calculations are shown in Appendix 3.

2. Commercial Parcels
Commercial parcels will receive and benefit from all DTVPBID services, and will therefore be assessed the full rate.

3. Publicly-Owned Parcels
Under “The Right to Vote on Taxes Act” (also known as Proposition 218) all public parcels are required to pay assessments unless they can demonstrate by clear and convincing evidence that their parcels do not receive a special benefit. Publicly owned parcels will receive and specially benefit from all of the District’s services and will therefore be assessed the full rate.

4. Non-Assessed Parcels
There are twenty-six (26) parcels within the DTVPBID that will not be assessed. These parcels are not commercial or publicly -owned parcels and will not specially benefit from or directly receive the DTVPBID’s improvements, maintenance, and activities. These parcels are accounted for in the analysis of general benefit provided to non -assessed parcels within the DTVPBID. These parcels h ave the following uses:

 Residential Parcels: There are twenty-four (24) residential parcels within the DTVPBID boundary that will not be assessed. The state legislature has determined that “properties zoned solely for residential use...are conclusively presumed not to benefit from the improvements and services funded through these assessments, and shall not be subject to any assessment.”.21 The services and improvements to be provided are designed t o specially benefit commercial and publicly-owned parcels by attracting and increasing customers and visitors to assessed parcels and by improving the maintenance and safety of the assessed parcels. None of these benefits apply to residential parcels, which will not be serviced or benefit from the DTVPBID’s improvements, maintenance, and activities. Residential parcels are those parcels with four family units or less and planned unit development of single family residences.  Utility Parcel: There is one (1) parcelized railroad track within the DTVPBID boundary that will not be assessed. The vast majority of railroad tracks are not parcelized; this parcel is an oddity. Because the vast majority of railroad tracks are not parcelized and cannot be assessed, and will not receive or benefit from DTVPBID programs, this railroad track parcel is also not assessed.
 Miscellaneous Parcel: There is one (1) parcel that is a pedestrian thoroughfare and does not have a commercial component. The vast majority of pedestrian thoroughfares are not parcelized; this parcel is an oddity. Because the vast majority of pedestrian thoroughfares are not parcelized and cannot be assessed, and will not receive or benefit from DTVPBID programs, this pedestrian thoroughfare parcel is also not assessed.

21 Streets and Highways Code section 36632(c)
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5. Changes in Data
It is the intent of this Plan and Engineer’s Report that each parcel included in the DTVPBID can be clearly identified. Every effort has been made to ensure that all parcels included in the DTVPBID are consistent in the boundary map and the assessment calculation table. However, if inconsistencies arise, the order of precedence shall be: 1) the assessment calculation table and 2) the boundary map.

If the parcel size or type of a parcel changes during the term of this DTVPBID, the assessment calculation may be modified accordingly.

C. Assessment Notice
During the hearing process, an Assessment Ballot will be sent to owners of each parcel in the DTVPBID. The Assessment Ballot provides an estimated assessment. The final individual assessment for any particular parcel may change, up or down, if the parcel square footage or parcel type differ from those used to calculate the amount shown on the notice, which can be found in Appendix 3.

D. Time and Manner for Collecting Assessments
As provided by State Law, the DTVPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Tulare. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The County of Tulare shall distribute funds collected to the Association. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the DTVPBID assessments.

E. Engineer’s Certification
I hereby certify, to the best of my knowledge and experience, that each of the identified assessed parcels located within the Downtown Visalia Property and Business Improvement District will receive a special benefit over and above the general benefits con ferred and that the amount of the assessment is no greater than the proportional special benefits conferred on each parcel, as described in this Engineer’s Report.

Review of this Downtown Visalia Property and Business Improvement District Management District Plan and preparation of the Engineer’s Report was completed by:

__________________________
Ross Peabody
State of California

__________
Date

This Engineer’s Report is intended to be distributed as part of the Management District Plan in its entirety, including the Assessment Calculation Table (Appendix 3) and the Boundary Map. Reproduction and distribution of only Section VIII of this Management District Plan violates the intent of this stamp and signature.

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APPENDIX 1 – MAXIMUM ANNUAL ASSESSMENT RATES

The table below illustrates the maximum annual assessment rate with the assumption that the rates will be increased annually by ten percent (10%) per year for the second and third years of the renewed term and by five percent (5%) per year for the fourth through tenth years of the renewed term with approval of the Association Board of Directors. The maximum rates listed are a required disclosure and not the anticipate course of action.

Maximum Parcel Assessment Rates
Year Benefit Zone Commercial
2020 Zone 1 $0.140
Zone 2 $0.045
2021 Zone 1 $0.154
Zone 2 $0.050
2022 Zone 1 $0.169
Zone 2 $0.054
2023 Zone 1 $0.178
Zone 2 $0.057
2024 Zone 1 $0.187
Zone 2 $0.060
2025 Zone 1 $0.196
Zone 2 $0.063
2026 Zone 1 $0.206
Zone 2 $0.066
2027 Zone 1 $0.216
Zone 2 $0.069
2028 Zone 1 $0.227
Zone 2 $0.073
2029 Zone 1 $0.238
Zone 2 $0.077

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APPENDIX 2 – PBID LAW

*** THIS DOCUMENT IS CURRENT THROUGH THE 2019 SUPPLEMENT *** (ALL 2018 LEGISLATION)

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994

CHAPTER 1. General Provisions

ARTICLE 1. Declarations

36600. Citation of part

This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.”

36601. Legislative findings and declarations; Legislative guidance

The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. 66 April 22, 2019
Downtown Visalia PBID Management District Plan Page 23
(2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.

36602. Purpose of part

The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act.

This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.

36603. Preemption of authority or charter city to adopt ordinances levying assessments

Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).

36603.5. Part prevails over conflicting provisions

Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.

36604. Severability

This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions

36606. “Activities”

“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.

36606.5. “Assessment”

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“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.

36607. “Business”

“Business” means all types of businesses and includes financial institutions and professions.

36608. “City”

“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California.

36609. “City council”

“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part.

36609.4. “Clerk”

“Clerk” means the clerk of the legislative body.

36609.5. “General benefit”

“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.

36610. “Improvement”

“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.

36611. “Management district plan”; “Plan”

“Management district plan” or “plan” means a proposal as defined in Section 36622.

36612. “Owners’ association”

“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for 68 April 22, 2019
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any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district.
36614. “Property”

“Property” means real property situated within a district.

36614.5. “Property and business improvement district”; “District”

“Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.

36614.6. “Property-based assessment”

“Property-based assessment” means any assessment made pursuant to this part upon real property.

36614.7. “Property-based district”

“Property-based district” means any district in which a city levies a property-based assessment.

36615. “Property owner”; “Business owner”; “Owner”

“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient.

36615.5. “Special benefit”

“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.

36616. “Tenant”

“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law

36617. Alternate method of financing certain improvements and activities; Effect on other provisions

This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment
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36620. Establishment of property and business improvement district

A property and business improvement district may be established as provided in this chapter.

36620.5. Requirement of consent of city council

A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.

36621. Initiation of proceedings; Petition of property or business owners in proposed district

(a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.

36622. Contents of management district plan

The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 70 April 22, 2019
Downtown Visalia PBID Management District Plan Page 27
36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part.
(d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel.

Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district.
(m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council.

36623. Procedure to levy assessment

(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the 71 April 22, 2019
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owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council.
(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.

36624. Changes to proposed assessments

At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627.

36625. Resolution of formation

(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

Notwithstanding the foregoing, improvements and activities that must be provided outside the district 72 April 22, 2019
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boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.

36627. Notice and assessment diagram

Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625 or Section 36626, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part.

36628. Establishment of separate benefit zones within district; Categories of businesses

The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.

36628.5. Assessments on businesses or property owners

The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property-based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622.

36629. Provisions and procedures applicable to benefit zones and business categories

All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district.

36630. Expiration of district; Creation of new district

If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments

36631. Time and manner of collection of assessments; Delinquent payments

The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.

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36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property

(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.

36633. Time for contesting validity of assessment

The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.

36634. Service contracts authorized to establish levels of city services

The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed.

36635. Request to modify management district plan

The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter.

36636. Reflection of modification in notices recorded and maps

(a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.

36637. Reflection of modification in notices recorded and maps

Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. 74 April 22, 2019
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CHAPTER 3.5. Financing

36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments

(a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance

36650. Report by owners’ association; Approval or modification by city council

(a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 75 April 22, 2019
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36651. Designation of owners’ association to provide improvements, maintenance, and activities

The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

CHAPTER 5. Renewal

36660. Renewal of district; Transfer or refund of remaining revenues; District term limit

(a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses.
(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment

36670. Circumstances permitting disestablishment of district; Procedure

(a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.

36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district

(a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property 76 April 22, 2019
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or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

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APPENDIX 3 – PARCEL ASSESSMENT CALCULATIONS

MAP

KEY APN OWNER NAME LOT SIZE ASSESSMENT ZONE
1 093-175-007 VAN RYN JONATHAN A & NIKKI M (TRS) 17161 $772.25 2 2 093-175-009 MINYARD DAVID & LYNN A 6098 $274.41 2
3 093-175-010 LOMELLI MARIA C 11267 $0.00 2
4 093-176-003 ALI KARIM K 16428 $739.26 2
5 093-176-005 VINTAGE PRESS INC 7125 $320.63 2
6 093-181-001 FABRIE JERRY & EVELYN 7314 $329.13 2
7 093-181-006 KITCHEN WILLIAM R & JUDIETH K 8712 $0.00 2 8 093-181-007 PRICE & PRICE OPTOMETRISTS 6079 $273.56 2 9 093-181-008 RODARTE ELPIDIO 6161 $277.25 2
10 093-181-009 KWONG CARINA KAR MAY 5137 $231.17 2
11 093-181-012 TAYS ROBERT C (TR) 15688 $705.96 2
12 093-181-014 RICO CHARLES L JR & VIRGINIA A(TRS) 17548 $789.66 2 13 093-181-015 PETERS JOHN & SUZETTE 5877 $264.47 2
14 093-181-016 FARLEY MICHAEL & DIANE 25609 $1,152.41 2 15 093-181-017 CANERDAY CHAD 13700 $616.50 2
16 093-181-018 PETERS JOHN & SUZETTE 13385 $602.33 2
17 093-181-019 KITCHEN ERIC ALLEN 15924 $716.58 2
18 093-181-020 UNION PACIFIC RAILROAD CO 15611 $0.00 2 19 093-183-002 CARY KAREN ANN(TR)(CREDIT SHELTER T 7695 $346.28 2 20 093-183-003 CARY KAREN ANN (TR)(CREDIT SHELTER 10125 $455.63 2 21 093-183-006 BARRON RITA S & RICHARD B 8844 $397.98 2 22 093-183-010 J & P WALNUTS LP 8844 $397.98 2
23 093-183-011 VINTAGE PRESS INC 18348 $825.66 2
24 093-183-012 PARENTING NETWORK INC 17292 $778.14 2
25 093-184-003 INKSTER PATRICK J (TR) 8068 $0.00 2
26 093-184-004 MILLER WARREN BENTON II(TR)(WBM II 8712 $392.04 2 27 093-184-007 TRALEIKA LLC 7060 $317.70 2
28 093-184-008

TMSTERS CRMRY EMPS & DRVRS UN
#517 5990 $269.55 2
29 093-184-009 BROADMAN HOWARD R(TR)(LIV TR) 5034 $226.53 2 30 093-184-010 MILLER DAVID & BEVERLY (CO-TRS)(REV 2394 $107.73 2 31 093-184-011

EVANS EDWARD D & BRENDA
K(TRS)E&BE 12273 $552.29 2
32 093-184-012 MENDOZA MARIO & MANDI L 8500 $0.00 2
33 093-184-013 ELITE LIMOUSINE CA GP 7634 $343.53 2
34 093-185-003 TSCHANNEN BRUCE 8712 $392.04 2
35 093-185-004 CHAN JASON 8118 $365.31 2
78 April 22, 2019
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36 093-185-005 VISALIA CITY OF 8118 $1,136.52 1
37 093-185-006 VISALIA CITY OF 8118 $1,136.52 1
38 093-185-016 VINTAGE PRESS INC THE 15870 $2,221.80 1 39 093-185-017 VINTAGE PRESS INC THE 17388 $782.46 2
40 093-186-001 R H C ASSOCIATES 69791 $3,140.60 2
41 093-187-001 JV-KC REAL ESTATE PROPERTIES 7924 $0.00 2 42 093-187-002 HERFURTH JAMES R & SHIRLEY F (TRS) 9508 $427.86 2 43 093-187-003 HERFURTH JAMES R & SHIRLEY F (TRS) 8714 $392.13 2 44 093-187-004 JV-KC REAL ESTATE PROPERTIES 8717 $0.00 2 45 093-187-011 JVKC REAL ESTATE PARTNERSHIP 11480 $516.60 2 46 093-187-012 LEAL ROBERT & STACY 13782 $620.19 2
47 093-187-013 JVKC REAL ESTATE PARTNERSHIP 9588 $431.46 2 48 093-188-001

MC CULLOUGH WILLIAM A JR &
ESPERANZ 6570 $295.65 2
49 093-188-002 HILL CLARENCE H (TR) (REV TR) 6678 $300.51 2 50 093-188-003 HILL CLARENCE H (TR) (REV TR) 6678 $300.51 2 51 093-188-004 HILL CLARENCE (TR) (REV TR) 6678 $300.51 2 52 093-188-005 LEDFORD DIANE F & MERL III(TRS FAM 6678 $300.51 2 53 093-188-006 VOONG CALVON MD 6678 $300.51 2
54 093-188-007 RAIBLEY JOHN C & BARBARA J(TRS)(REV 6678 $300.51 2 55 093-188-010 SPRAGUE KEITH M & DARLENE M 6448 $290.16 2 56 093-188-011

GROEN GREGORY D & MARJORIE
JOANNE ( 13356 $601.02 2
57 093-191-001 CELILLO DON G (TR) 6552 $294.84 2
58 093-191-002 CELILLO DON G (TR) 6678 $300.51 2
59 093-191-003 CELILLO DON G (TR) 6678 $300.51 2
60 093-191-009 CELILLO DON G (TR) 6678 $300.51 2
61 093-191-010 CELILLO DON G(TR) 6678 $300.51 2
62 093-191-011 CELILLO DON G (TR) 6552 $294.84 2
63 093-191-012 WEST AMERICA BANK 13356 $601.02 2
64 093-191-013 MC INTOSH FAMILY LP 13356 $601.02 2
65 093-192-001 SAMUEL MARGUERITE(TR)(M S LIV TR) 8712 $392.04 2 66 093-192-002 LUISI STEVEN D & SHARON L (TRS) 8712 $392.04 2 67 093-192-003 PRO DEVELOPMENT LLC 17424 $784.08 2
68 093-192-004 NASH LIMITED PARTNERSHIP 8712 $392.04 2 69 093-192-005 PETERSON PAUL STANLEY & MONICA 8712 $392.04 2 70 093-192-006 LUISI STEVEN D & SHARON L (TRS) 8712 $392.04 2 71 093-192-007 SCHNEIDER GERALD M & NANCY L(TRS) 8712 $392.04 2 72 093-193-001 SA SUZANNE & LESLIE 8712 $392.04 2
73 093-193-007 VISALIA MEMORIAL DISTRICT 26136 $1,176.12 2 79 April 22, 2019
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74 093-193-010 MILLER PRESTON 12936 $582.12 2
75 093-193-014 GHS PROPERTIES 13200 $594.00 2
76 093-193-015 VALLEY OAK CREDIT UNION 7260 $326.70 2
77 093-194-002 WHITLATCH LYMAN W & CLARE (TRS) 5357 $749.98 1 78 093-194-012 ARAGON LLC 11088 $1,552.32 1
79 093-194-013 REGENCY INVESTMENTS GP 8220 $1,150.80 1 80 093-194-014 REGENCY INVESTMENTS GP 2868 $401.52 1
81 093-194-016 DOE RUSSELL M & TAMARA J (TRS)(CH R 15708 $2,199.12 1 82 093-194-019 PERRY DANIEL M (TR) 5544 $776.16 1
83 093-194-021 MARTIN & MARTIN PROPERTIES LLC 16016 $2,242.24 1 84 093-195-001 OUZOUNIAN INVESTMENTS I 25700 $3,598.00 1 85 093-195-005 SUNCREST BANK 17381 $2,433.34 1
86 093-195-006 SUNCREST BANK 24400 $3,416.00 1
87 093-196-001 ANUPA INC 17424 $784.08 2
88 093-196-011 NASH PROPERTIES LLC 26136 $1,176.12 2
89 093-196-015 MACKLIN KAREN L 4914 $221.13 2
90 093-196-016 MACKLIN KEVIN A 3777 $169.97 2
91 093-196-017 KENT STEPHEN F & MARCIA N (TRS) 8712 $392.04 2 92 093-196-018 YEHYA NASSER AHMED 8712 $392.04 2
93 093-197-003 VALLEY BUSINESS BANK 3300 $148.50 2
94 093-197-005 BINESH BORNA 5742 $258.39 2
95 093-197-006

SIMONIAN THOMAS & CYNTHIA (TRS S
LI 2970 $133.65 2
96 093-197-007

COPPOLA GARY A(SCSR TR)(VMC REV
TR) 14111 $635.00 2
97 093-197-008 VALLEY BUSINESS BANK 43560 $1,960.20 2
98 093-198-001 VISALIA CITY OF 12600 $567.00 2
99 093-198-002 DOUGHERTY LISA M 6360 $286.20 2
100 093-198-003 ALLEN DAVID E & JAMIE E 6360 $286.20 2 101 093-198-004 EVANS BRUCE L & CYNTHIA R(TRS)(B&CE 6360 $286.20 2 102 093-198-007 MANGINI PROPERTIES FAMILY LP 6784 $305.28 2 103 093-198-008 COHN DAVID & CARYL (TR) 6430 $289.35 2 104 093-198-009 WAGNER SUSAN ALDRICH 6990 $0.00 2
105 093-198-010 SETTIMI JANINE(TR FAM TR) 13516 $608.22 2 106 093-201-003 VISALIA CITY OF 8190 $0.00 2
107 093-201-007 VISALIA CITY OF 7788 $350.46 2
108 093-201-008 VISALIA CITY OF 5691 $256.10 2
109 093-201-009 VISALIA CITY OF 5624 $0.00 2
110 093-201-010 VISALIA CITY OF 5919 $0.00 2
111 093-201-011 VISALIA CITY OF 7146 $0.00 2
80 April 22, 2019
Downtown Visalia PBID Management District Plan Page 37
112 093-201-012 KAWEAH DELTA HEALTH CARE DISTRICT 18649 $839.21 2 113 093-201-013 KAWEAH DELTA HEALTH CARE DISTRICT 5800 $261.00 2 114 093-201-014 KAWEAH DELTA HEALTH CARE DISTRICT 7424 $334.08 2 115 093-201-015 KAWEAH DELTA HEALTH CARE DISTRICT 5800 $261.00 2 116 093-201-016 KAWEAH DELTA HEALTH CARE DISTRICT 5275 $237.38 2 117 093-201-018 VISALIA CITY OF 23489 $1,057.01 2
118 093-201-019 KAWEAH DELTA HEALTH CARE DISTRICT 1618 $72.81 2 119 093-201-020 KAWEAH DELTA HEALTH CARE DISTRICT 13854 $623.43 2 120 093-201-022 VISALIA CITY OF 14900 $670.50 2
121 093-201-023 POSTON JEFFERY L & MARLENE A(TRS)(R 17925 $806.63 2 122 093-202-002 VISALIA CITY OF 160556 $7,225.02 2
123 093-203-001 TSK LLC 8714 $392.13 2
124 093-203-004 KAWEAH DELTA HEALTH CARE DIST 8707 $391.82 2 125 093-203-008 KAWEAH DELTA HEALTH CARE DISTRICT 2904 $130.68 2 126 093-203-009 KAWEAH DELTA HEALTH CARE DISTRICT 3036 $136.62 2 127 093-203-010 CHERNEY PHILLIP H & LORI A 2805 $126.23 2 128 093-203-013 KAWEAH DELTA HEALTH CARE DISTRICT 13935 $627.08 2 129 093-203-014 KAWEAH DELTA HEALTH CARE DISTRICT 12486 $561.87 2 130 093-203-015 HILL CLARENCE H (TR) (REV TR) 17418 $783.81 2 131 093-204-001 RUSSELL T MITTS INC 8612 $1,205.68 1
132 093-204-002 RUSSELL T MITTS INC 8873 $1,242.22 1
133 093-204-009

MITTS THOMAS F(TR)(TR A UWO LINDA
K 16928 $2,369.92 1
134 093-204-018 KAWEAH DELTA HEALTH CARE DISTRICT 18820 $846.90 2 135 093-204-019 VISALIA CITY OF 16416 $0.00 2
136 093-204-020 KAWEAH DELTA HEALTH CARE DISTRICT 91911 $4,136.00 2 137 093-206-002 SORENSEN BRANDON N & CALI CARLIN 10824 $487.08 2 138 093-206-009 CRISTALLO LUIGI 10738 $483.21 2
139 093-206-012 KAWEAH DELTA HEALTH CARE DISTRICT 30793 $1,385.69 2 140 093-206-013 KAWEAH DELTA HEALTH CARE DISTRICT 1742 $78.39 2 141 093-206-014 KAWEAH DELTA HEALTH CARE DISTRICT 4859 $0.00 2 142 093-206-015 JOHNSON ROGER A & LYDIA A (TRS) 8250 $371.25 2 143 093-206-016 JOHNSON ROGER A & LYDIA A (TRS) 7237 $325.67 2 144 093-224-006 PATINO ALEXANDER N & MARIE L (TRS) 6678 $0.00 2 145 093-225-005 ADENIJI ADEGOKE 6572 $0.00 2
146 093-225-006 JACKSON JOHN K 6572 $295.74 2
147 093-231-009 CH-VISALIA COMMUNITY COVENANT 30165 $1,357.43 2 148 093-232-002 KISER JACOB & JAE 13386 $0.00 2
149 094-100-041 VISALIA CITRUS PACKING GROUP LP 22214 $999.63 2 150 094-100-042 VISALIA CITRUS PACKING GROUP LP 32275 $1,452.38 2 81 April 22, 2019
Downtown Visalia PBID Management District Plan Page 38
151 094-221-010 VISALIA CITY OF 24893 $3,485.02 1
152 094-221-015 MISSION LINEN SUPPLY 9331 $1,306.34 1
153 094-221-016 4 CREEKS INVESTMENTS LLC 35719 $5,000.66 1 154 094-231-001

WILLIAM & DORIS LAND & ENERGY CO
LL 1184 $165.76 1
155 094-231-014

WILLIAM & DORIS LAND & ENERGY CO
LL 16334 $2,286.76 1
156 094-231-021 EZELL HUGH L (610) 1686 $236.04 1
157 094-231-023

WILLIAM & DORIS LAND & ENERGY CO
LL 16847 $2,358.58 1
158 094-235-019 SHARMA DINESH & DIANE L(TRS)(REV LI 30800 $4,312.00 1 159 094-240-001 ELMA LAND 12141 $546.35 2
160 094-240-002 VISALIA CITY OF 21780 $980.10 2
161 094-240-013 AEQUUS HOLDINGS LLC 19496 $2,729.44 1
162 094-240-040 VISALIA CITY OF 23986 $1,079.37 2
163 094-240-041 VISALIA CITY OF 12842 $577.89 2
164 094-240-044 AMIDI PARTNERS LLC 43149 $1,941.71 2
165 094-250-038

CUSENZA FAMILY LIMITED
PARTNERSHIP 65340 $2,940.30 2
166 094-250-039

CUSENZA FAMILY LIMITED
PARTNERSHIP 6144 $276.48 2
167 094-250-045 VISALIA CITRUS PACKING GROUP LP 33687 $1,515.92 2 168 094-250-046 VISALIA LAND & INVESTMENT CO LLC 47916 $2,156.22 2 169 094-271-004

KOOBATIAN STEVEN D & KARIN BETH
(CO 19428 $874.26 2
170 094-271-005 TWINPALMSDINUBA LLC 9174 $412.83 2
171 094-272-007 PEREZ EDDIE R & SUSIE S 8194 $0.00 2
172 094-272-008 H2KW 8250 $371.25 2
173 094-273-004 FISHER INVESTMENT GROUP LLC 8133 $365.99 2 174 094-273-005 FISHER INVESTMENT GROUP 8130 $0.00 2
175 094-273-006 AGUIAR MANUEL TOSTE (TR) 16255 $731.48 2 176 094-274-006 FAMILY HEALTHCARE NETWORK 32670 $1,470.15 2 177 094-281-001 BIANCO PHILIP S & MAUREEN A 5197 $233.87 2 178 094-281-002 CH-CHRISTIAN FAITH FELLOWSHIP-VIS 5197 $233.87 2 179 094-281-003 CH-CHRISTIAN FAITH FELLOWSHIP-VIS 5952 $267.84 2 180 094-281-004 LOCAL 1109 UNITED BROTHERHOOD OF 16275 $732.38 2 181 094-281-005 BIANCO PHILIP S & MAUREEN A 8167 $367.52 2 182 094-281-006 BIANCO PHILIP S & MAUREEN A 4083 $183.74 2 183 094-281-007 TULARE COUNTY OF 16335 $735.08 2
184 094-281-009 BIANCO PHILIP S & MAUREEN A 4083 $183.74 2 185 094-282-001 KOOBATIAN STEVEN D & KARIN (TRS) 8184 $368.28 2 82 April 22, 2019
Downtown Visalia PBID Management District Plan Page 39
186 094-282-002 MADRIGAL RITA IRENE 16335 $735.08 2
187 094-282-003 DOWNS ELIZABETH A 3575 $160.88 2
188 094-282-004 DOWNS ELIZABETH A 6580 $296.10 2
189 094-282-005 ARTS VISALIA 6188 $278.46 2
190 094-282-006 SAFCO OF AMERICA LLC 8184 $368.28 2
191 094-282-007 VARTANIAN JOHN G JR (TR BYPASS TR) 18480 $831.60 2 192 094-283-001 VISALIA CITY OF 66957 $3,013.07 2
193 094-284-006 VISALIA CITY OF 9822 $441.99 2
194 094-284-008 FAMILY HEALTHCARE NETWORK 54885 $2,469.83 2 195 094-285-001 SUMIDA ROY Y & LINDA H (TRS) 8118 $1,136.52 1 196 094-285-008 VISALIA CITY OF 32670 $4,573.80 1
197 094-285-009 SUMIDA KAMIO J & TAKAKO J (TRS) 15963 $2,234.82 1 198 094-285-010 SUMIDA ROY Y & LINDA H (TRS) 8550 $1,197.00 1 199 094-285-014 PILE PARTNERS #1 LLC 14698 $661.41 2
200 094-285-015 VISALIA CITY OF 17294 $778.23 2
201 094-285-017 VISALIA CITY OF 32536 $1,464.12 2
202 094-286-002 GREGORY CYNTHIA C (TR) 32670 $4,573.80 1 203 094-286-003 ON TRACK VENTURES LLC 32670 $1,470.15 2 204 094-287-001 TULARE COUNTY OF 69696 $9,757.44 1
205 094-291-001 VISALIA CITY OF 18315 $2,564.10 1
206 094-291-005 BFD INVESTMENT CO LLC 10148 $1,420.72 1 207 094-291-006 FREITAS DANIEL S & JEANETTE A 6290 $880.60 1 208 094-291-007 SCIACCA SAM A & MARLENE (TR) 3185 $445.90 1 209 094-291-008 KNOWLES KENNETH K (SURV TR) 2226 $311.64 1 210 094-291-009 FREITAS DANNY & JEANETTE 10482 $1,467.48 1 211 094-291-011 VISALIA CITY OF 14355 $2,009.70 1
212 094-292-012 BK OF AMER NATL TR & SAV ASSN 67518 $9,452.52 1 213 094-293-002 ESTES DONALD R & LYDIA B(TRS FAM RE 10339 $1,447.46 1 214 094-293-003 ESTES DONALD R & LYDIA B(TRS FAM RE 10306 $1,442.84 1 215 094-293-004 VISALIA CITY OF 10642 $1,489.88 1
216 094-293-006 THREE TEN CENTER STREET LLC 27123 $3,797.22 1 217 094-293-007 THREE TEN CENTER STREET LLC 5547 $776.58 1 218 094-294-013 LUM CHRISTOPHER M (TR) 12733 $1,782.62 1 219 094-294-014 SCHAEFER KIMBERLY LUM(TR)(LIV TR) 19823 $2,775.22 1 220 094-294-015 CURTI KENNETH J(TR)(K J CURTI TR) 19746 $2,764.44 1 221 094-294-016 CURTI KENNETH J (TR) (KJC 1999 TR) 10952 $1,533.28 1 222 094-295-008 LEE CHE PING & CHUI PING 33901 $4,746.14 1 223 094-295-010 WHITTLESEY MARK (TR) 33898 $4,745.72 1 224 094-296-001 VISALIA CITY OF 7722 $1,081.08 1
225 094-296-002 CORTES GILBERTO & ALICIA (TRS) 3960 $554.40 1 83 April 22, 2019
Downtown Visalia PBID Management District Plan Page 40
226 094-296-005 YOUNG ALBERT(CO TR)(YKY LIV TR) 4974 $696.36 1 227 094-296-006

KORSGADEN TROY LEE(TR)(TLK SEP
PROP 4530 $634.20 1
228 094-296-009 EQUITABLE HOTELS 16335 $2,286.90 1
229 094-296-010 CALTERRAS 4083 $571.62 1
230 094-296-011 LESLIE A MOSLEY LLC 3844 $538.16 1
231 094-296-012 BEVERLY FABRICS INC 5761 $806.54 1
232 094-296-013 BREWBAKERS INC 2400 $336.00 1
233 094-296-014 LESLIE A MOSLEY LLC 3713 $519.82 1
234 094-296-015 LESLIE A MOSLEY LLC 4368 $611.52 1
235 094-296-016 LESLIE A MOSLEY LLC 7440 $1,041.60 1
236 094-296-017 ADCC VISALIA OFFICE PARNTERS LLC 7870 $1,101.80 1 237 094-296-018 VISALIA CITY OF 48473 $6,786.22 1
238 094-296-019 315 E MAIN STREET LLC 10890 $1,524.60 1 239 094-298-001 GARCIA CAROL J (SCSR TR) 5816 $814.24 1 240 094-298-002

THOMPSON CYRIL ROBERT & ELIZABETH
J 3921 $548.94 1
241 094-298-003

VALENCIA REVOC FAMILY TR DATED
2/11 2496 $349.44 1
242 094-298-004 SCIACCA SAM A & MARLENE E(TRS)(FAM 3659 $512.26 1 243 094-298-005 BULLOCK-GOLDEN PARTNERSHIP 3489 $488.46 1 244 094-298-006 NOBLE INVESTORS LLC 3805 $532.70 1
245 094-298-007 1329 W RANCHO VISTA BLVD LLC 2336 $327.04 1 246 094-298-008 1329 W RANCHO VISTA BLVD LLC 5606 $784.84 1 247 094-298-011 VISALIA CITY OF 9012 $1,261.68 1
248 094-298-012 FOUR CREEKS LODGE 94-IOOF 8032 $1,124.48 1 249 094-298-013 VISALIA CITY OF 7447 $1,042.58 1
250 094-298-015 LINDSEY CAROL (TR)(2016 CL SEP PROP 2310 $323.40 1 251 094-298-016 SHIRK JENNIFER CONN 5857 $819.98 1
252 094-301-009 CAL-WESTERN FARMING CO 32670 $4,573.80 1 253 094-302-007 METZGER PERRY LLOYD 16335 $2,286.90 1
254 094-302-008 METZGER PERRY LLOYD 16335 $2,286.90 1
255 094-302-013 VISALIA CITY OF 26070 $3,649.80 1
256 094-302-016 VISALIA CITY OF 204732 $28,662.48 1
257 094-302-018 HOTEL CIRCLE GL HOLDING LLC 149284 $20,899.76 1 258 094-302-019 VISALIA CITY OF 60548 $8,476.72 1
259 094-302-020 VISALIA CITY OF 35550 $4,977.00 1
260 094-304-005 SMITH AUTO PARTS 8692 $1,216.88 1
261 094-304-006 216 SOUTH BRIDGE ST LP 60984 $8,537.76 1 262 094-305-002 KMK ENTERPRISES 17424 $2,439.36 1
84 April 22, 2019
Downtown Visalia PBID Management District Plan Page 41
263 094-305-003 K M K ENTERPRISES 17424 $2,439.36 1
264 094-305-008 SPS 410 INVESTMENTS LLC 23743 $3,324.02 1 265 094-305-009 SPS 410 INVESTMENTS LLC 9782 $1,369.48 1 266 094-311-011 KAWEAH DELTA HEALTH CARE DISTRICT 5170 $232.65 2 267 094-311-012 KAWEAH DELTA HEALTH CARE DISTRICT 9405 $423.23 2 268 094-311-014 KAWEAH DELTA HEALTH CARE DISTRICT 12524 $563.58 2 269 094-311-019 KAWEAH DELTA HEALTH CARE DISTRICT 8464 $1,184.96 1 270 094-311-020 KAWEAH DELTA HEALTH CARE DISTRICT 420789 $18,935.51 2 271 094-311-021 ELLISON BETTY TAYLOR (TR BYPASS TR 8184 $1,145.76 1 272 094-311-022 KELLER DENNIS R & CATHLYN A(TRS) 8150 $1,141.00 1 273 094-311-023 202 W WILLOW LLC 12540 $1,755.60 1
274 094-311-024 202 W WILLOW LLC 10329 $1,446.06 1
275 094-311-025 PACIFIC BELL 22568 $3,159.52 1
276 094-313-005 U S A USPS 32736 $4,583.04 1
277 094-313-009 VISALIA MASONIC BUILDING ASSN 17424 $784.08 2 278 094-313-010 J S T LLC 17424 $784.08 2
279 094-313-013 VISALIA CITY OF 34141 $1,536.35 2
280 094-313-014 WILLOW STREET DEVELOPMENT CO LLC 46609 $6,525.26 1 281 094-321-003

MARTIN MICHAEL A & DARLENE M (CO-
TR 12750 $1,785.00 1
282 094-321-004

MARTIN MICHAEL A & DARLENE M(TRS
FA 12750 $1,785.00 1
283 094-321-007 VISALIA CITY OF 26928 $3,769.92 1
284 094-322-001 CENTRAL VALLEY COMMUNITY BANK 16335 $2,286.90 1 285 094-322-002

FRANEY ROGER G (CO-TR)(EMF BYPASS
T 16335 $2,286.90 1
286 094-322-003 VISALIAN FRIENDS OF THE FOX THEATRE 15411 $2,157.54 1 287 094-322-004 FRANEY FAMILY LIMITED PARTNERSHIP 8406 $1,176.84 1 288 094-322-005 320 W MAIN LLC 7005 $980.70 1
289 094-323-003 MARTIN & MARTIN PROPERTIES LLC 28538 $3,995.32 1 290 094-323-004 LUCIO MARK A & LEE ANN E 3960 $554.40 1 291 094-323-005 KENT MARCIA & STEPHEN F (TRS) 2838 $397.32 1 292 094-323-006 MITCHELL WILLIAM N (TR LIV TR) 2838 $397.32 1 293 094-323-007 SIMONS JAMES F 3990 $558.60 1
294 094-323-008 BIANCO JOHN P & SUZANNE M 3713 $519.82 1 295 094-323-009 GARCIA INVESTMENTS 6421 $898.94 1
296 094-323-011 BRITTBRANDT PROPERTIES LLC 5280 $739.20 1 297 094-323-012 VISALIA CITY OF 9396 $1,315.44 1
298 094-324-001 120 W MAIN ST LLC 7706 $1,078.84 1
299 094-324-002

RANSBERGER WILLIAM RAY & JUDITH
LEE 7705 $1,078.70 1
85 April 22, 2019
Downtown Visalia PBID Management District Plan Page 42
300 094-324-003

CUSENZA FAMILY LIMITED
PARTNERSHIP 15645 $2,190.30 1
301 094-324-007 SHAHAN ROBERT & SABRINA(TRS LIV TR) 8999 $1,259.86 1 302 094-324-009 VISALIA CITY OF 23667 $3,313.38 1
303 094-325-002 MC ALPINE BETTY SUE (TR) 5018 $702.52 1 304 094-325-003 BOOKOUT RALPH & BETTY (TRS) 15411 $2,157.54 1 305 094-325-012 JILANI SHAIQUEL 10519 $1,472.66 1
306 094-325-015 LOURENCO CARLOS 5650 $791.00 1
307 094-325-016 VISALIA CITY OF 15842 $2,217.88 1
308 094-325-017

CUSENZA FAMILY LIMITED
PARTNERSHIP 10388 $1,454.32 1
309 094-326-001 HI JACK AND BUSY BEA LLC 7706 $1,078.84 1 310 094-326-002 HI JACK AND BUSY BEA LLC 16462 $2,304.68 1 311 094-326-003 VACARRO JOE & MARIA G 2919 $408.66 1
312 094-326-004 PETERSEN MARGARET E(TR)(BYPASS TR) 2918 $408.52 1 313 094-326-005 BOOKOUT RALPH & BETTY (TRS) 9387 $1,314.18 1 314 094-326-006 WIEBE MICHELLE R (TR) (REV LIV TR) 2919 $408.66 1 315 094-326-007 VAN RYN JONATHAN A 5838 $817.32 1
316 094-326-010 COREVAL LLC 3484 $487.76 1
317 094-326-017 VACARRO JOE & MARIA G 13625 $1,907.50 1 318 094-326-018 BIANCO PHILLIP S & MAUREEN A 7624 $1,067.36 1 319 094-326-023 FAMILIA FLORES INC 7220 $1,010.80 1
320 094-326-024 CENTER FOR SPIRITUAL LIVING VISALIA 4146 $580.44 1 321 094-326-025 CHOICE PROPERTIES GP 9934 $1,390.76 1
322 094-326-026 VISALIA CITY OF 48351 $6,769.14 1
323 094-327-001 TDS INVESTMENTS LLC 16962 $2,374.68 1
324 094-327-003 KENT MARCIA & STEPHEN F (CO-TRS) 4097 $573.58 1 325 094-327-004 KAWEAH DELTA HEALTH CARE DISTRICT 31618 $4,426.52 1 326 094-331-007 VISALIA NEWSPAPERS INC 53267 $2,397.02 2 327 094-332-002 COUNTRYMAN L KENNETH (TR) 8167 $367.52 2 328 094-332-003 PARRY SUSAN 8032 $361.44 2
329 094-332-004 HILL CLARENCE H (TR) (REV TR) 7375 $331.88 2 330 094-332-006 SIERRA ELK LLC 6744 $303.48 2
331 094-332-007 SEYMOUR JEAN (TR)(EST OF) 9585 $0.00 2 332 094-332-008 HILL CLARENCE H (TR) (MARITAL DED T 8187 $368.42 2 333 094-332-009 NEPINSKY BRIAN C & VALERIE 7986 $359.37 2 334 094-332-010 KAWEAH MANAGEMENT COMPANY 6652 $0.00 2 335 094-333-005 TULARE COUNTY OF 71874 $3,234.33 2
336 094-333-006 VISALIA CITY OF 47916 $2,156.22 2
337 094-334-010 VISALIA CITY OF 43560 $1,960.20 2
86 April 22, 2019
Downtown Visalia PBID Management District Plan Page 43
338 094-334-011 VISALIA SENIOR HOUSING II INC 25525 $1,148.63 2 339 094-335-001 GAMEZ JO ANN(SCSR)(TR KCH) 12251 $551.30 2 340 094-335-004 SHEKLIAN MYRON EDWARD(SCSR TR) 8167 $1,143.38 1 341 094-335-008 DUCOR COLD STORAGE LLC 9900 $1,386.00 1 342 094-335-009 VISALIA CITY OF 9900 $1,386.00 1
343 094-335-010 FARLEY MICHAEL L & DIANE C 4703 $658.42 1 344 094-335-011 VANDERHAM ROBERT W & LENA 20139 $906.26 2 345 094-336-001 KAESTNER PHILLIP 2508 $0.00 2
346 094-336-002 SULLIVAN J PATRICK & CHRISTINE 1452 $65.34 2 347 094-336-003 225 OAK AVE LLC 4092 $184.14 2
348 094-336-004 CH-FIRST PRESBYTERIAN OF VISALIA 24354 $1,095.93 2 349 094-336-005 CH-FIRST PRESBYTERIAN OF VISALIA 7920 $1,108.80 1 350 094-336-006 CH-FIRST PRESBYTN OF VIS (TR PRES O 8180 $1,145.20 1 351 094-336-007 JKP LAND LLC 8167 $1,143.38 1
352 094-336-010 VISALIA CITY OF 8167 $1,143.38 1
353 094-337-001 STORY WALTER R & PEGGY SUE (TRS)(FA 8167 $367.52 2 354 094-337-002 KRIKOIRAN BETTY J (TR) (MAR TR B) 8167 $367.52 2 355 094-337-003 OAK STREET STUDIOS 2158 $97.11 2
356 094-337-004 METZGER KENNETH R (TR) 3635 $163.58 2
357 094-337-005 SEBERT SHAWN & DOROTHY 1872 $84.24 2
358 094-337-006 CITRUS RESEARCH BOARD 8871 $399.20 2
359 094-337-007 LEGACY INVESTMENTS LLC 7654 $1,071.56 1 360 094-337-008 LEGACY INVESTMENTS LLC 3969 $555.66 1
361 094-337-009 VALHALLA FAMILY INVESTMENTS LLC 5454 $763.56 1 362 094-337-010 VALHALLA FAMILY INVESTMENTS LLC 3969 $555.66 1 363 094-337-011 MC ALPINE BETTY SUE (TR) 7654 $1,071.56 1 364 094-337-012 VALHALLA FAMILY INVESTMENTS LLC 3969 $555.66 1 365 094-338-012 BILL & TANYA MILLER FAMILY LTD PTNS 52272 $7,318.08 1 366 094-341-005 LAIRD PHILIP B & CAROL L(TRS)LAIRD 8167 $0.00 2 367 094-341-006 LAIRD PHILIP B & CAROL L(TRS)LAIRD 8168 $367.56 2 368 094-341-007 GILBERT AVIATION INDUSTRIES INC 8167 $367.52 2 369 094-342-005 HUTTON DONALD L & CATHY A(TRS) 5331 $239.90 2 370 094-342-006 GUTIERREZ JESUS R (TR) 5445 $0.00 2
371 094-342-007 GRANGER STEPHEN 9157 $0.00 2
372 094-342-008 FORD HENRY H & SHIRLEY D(TRS)(2014 12622 $0.00 2 373 094-344-005 CH-APOSTOLIC ASMBY FAITH IN CHRIST 16335 $735.08 2 374 094-344-006

PINE MANOR RECOVERY HOME GUILD
INC 16335 $735.08 2
Total

$500,291.13

87 April 22, 2019
Downtown Visalia PBID Management District Plan Page 44
APPENDIX 4 – TOTAL ESTIMATED MAXI MUM COST OF

IMPROVEMENTS, MAINTENANCE, AND ACTIVITIES

The estimated maximum cost of the line items below was developed based on the estimated costs of providing services in the proposed DTV PBID. The costs below are estimated, the actual line item costs will fluctuate. The table below shows expenditures from assessment and non -assessed funds.

Assessment funds are governed by Section VI. There is not limit on reallocation of non -assessment funds by the Association. The total maximum budget may exceed the maximum listed in this table if parcel ownership changes results in parcels being assessed at a higher rate due to a higher estimated benefit.

Year Environmental
Enhancements
Economic
Enhancements Administration Contingency /
Reserve Total
2020 $394,343.13 $73,067.05 $42,014.40 $15,755.39 $525,179.97 2021 $433,777.44 $80,373.76 $46,215.84 $17,330.93 $577,697.97 2022 $477,155.19 $88,411.13 $50,837.42 $19,064.02 $635,467.76 2023 $501,012.95 $92,831.69 $53,379.30 $20,017.22 $667,241.16 2024 $526,063.59 $97,473.27 $56,048.26 $21,018.08 $700,603.20 2025 $552,366.77 $102,346.94 $58,850.67 $22,068.99 $735,633.37 2026 $579,985.11 $107,464.28 $61,793.20 $23,172.44 $772,415.03 2027 $608,984.37 $112,837.50 $64,882.86 $24,331.06 $811,035.79 2028 $639,433.59 $118,479.37 $68,127.01 $25,547.6 $851,587.58 2029 $671,405.27 $124,403.34 $71,533.36 $26,824.99 $894,166.96 Total $5,384,527.41 $997,688.33 $573,682.32 $215,130.73 $7,171,028.79

88 April 22, 2019
Downtown Visalia PBID Management District Plan Page 45
APPENDIX 5 – SERVICES BY ZONE

Zone Environmental
Enhancements
Economic
Enhancements Administration Contingency /
Reserve
1  Pressure washing
of sidewalks.
 Tree lighting.
 Dumpster
enclosures clean
and sanitized.
 Christmas
decorations.
 Enhanced
landscaping.
 Capital
improvement
projects (new
street light
enhancements).
 Graffiti removal.

 Programs and
incentives designed
to attract, grow, and
incubate new
businesses.
 In-lieu parking
program to remove
barriers to
downtown
development.
 Promotions to
improve the
downtown image
and invite customer
to assessed parcels.

Administrative
costs related to
providing activities,
maintenance, and
improvements.

Funds held in
contingency /
reserve to be used
as determined by
the Association.
2  Pressure washing
of sidewalks (as
needed).
 Dumpster
enclosures clean
and sanitized (as
needed).
 Graffiti removal.
 Some capital
improvement
projects.

 Programs and
incentives designed
to attract, grow, and
incubate new
businesses.

Administrative
costs related to
providing activities,
maintenance, and
improvements
Funds held in
contingency /
reserve to be used
as determined by
the Association.

89 April 22, 2019
Downtown Visalia PBID Management District Plan Page 46
APPENDIX 6 – MAP

90 6
14 3
5 2
6 23241413 16147 15 32 2533 2618

W SCHOOL AVE
N W

ILLIS STW GOSHEN AVE
Downtown
Visalia
PBID
Zone 1
Zone 2
²
1 5
3 7
2 4
98 6 Page
1 of 9
91 335
373374372 371
170
338326
368
367
366
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178336 337329328327333 179
CR-J32

N FLORAL ST

W RACE AVE

N COURT ST
Downtown
Visalia
PBID
Zone 1
Zone 2
²
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2 of 9
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168
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192 194 164
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GARDEN

N BRIDGE ST

N CHURCH ST
Downtown
Visalia
PBID
Zone 1
Zone 2
²
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3 7
2 4
98 6 Page
3 of 9
93 40
73 14
12 39
7 67
11 147
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83 46
81 56
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18 75 74
9 23
8 24
45 31
78 15
20 47
42 16
148
43 2122
72 6869
66 70
65 71
44 76
41 19
34 35
36 37
49 50 51
54 53
52 60
59 61
58 55
27 48
62 57
28 32
82 25
77 10
33 29
79 26
80 144
145
146
30 6 13

W OAK AVE

W CENTER ST

N JOHNSON ST

N CONYER ST
Downtown
Visalia
PBID
Zone 1
Zone 2
²
1 5
3 7
2 4
98 6 Page
4 of 9
94 365
326 336
337
204
289
283
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338
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300286
335
281282
339
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331
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361
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296
343
347
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290
179
293
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356
208
291
292
345
355
209
357
346

W MAIN ST

W CENTER ST

N FLORAL ST

N COURT ST
Downtown
Visalia
PBID
Zone 1
Zone 2
²
1 5
3 7
2 4
98 6 Page
5 of 9
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192 194
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204
164
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155
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211
199 163
218
221
213214
186
215
180
193
206
198
195
181
190 159
188189
207
217
182
187
184
156154

E MAIN ST

E OAK AVE

N CHURCH ST

N SANTA FE ST
Downtown
Visalia
PBID
Zone 1
Zone 2
²
1 5
3 7
2 4
98 6 Page
6 of 9
96 122 136
97 88
84 86
139
87 117
96 85
112
98 134
121 130
135
133120
119
128
105
91 92
129
137
138
99 132
123
124
131
94 142
106
111
107
114
89 143
104
102
103
100
101
110
115
113
108
90 109
116
93 141
95 126
125
127
140118

W ACEQUIA
Downtown
Visalia
PBID
Zone 1
Zone 2
²
1 5
3 7
2 4
98 6 Page
7 of 9
97 270
257
322
280
279
276
325
275
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310
252
307
304317
273
268
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321
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313
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272
271
248
309
318
249
319
315
239
306
303
266
320
324
240
316
242
314
311
312
241

W MINERAL KING AVE

S LOCUST ST
S W
EST ST
Downtown
Visalia
PBID
Zone 1
Zone 2
²
1 5
3 7
2 4
98 6 Page
8 of 9
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257
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152
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236
224
235
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231
246
226
227
234
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230
244
225
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250
245
232

E ACEQUIA AVE

S BRIDGE ST

E MINERAL KING AVE
Downtown
Visalia
PBID
Zone 1
Zone 2
²
1 5
3 7
2 4
98 6 Page
9 of 9
99 Downtown Visalians
100
101
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0153 Agenda Date: 5/15/2023 Agenda #: 4.

Agenda Item Wording:

Receive the Annual Operation Report for the Town-Center Business Improvement Area and approve amended agreement with Downtown Visalians Inc. to administer the revenues generated from the business tax override to support Downtown Visalia.

Deadline for Action: 5/15/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Melody Murch, (559) 713-4379, [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council receive the Annual Operations Report for the Town-Center Business Improvement Area (TCBIA) and approve the revised TCBIA agreement between City and Downtown Visalians Inc. to be effective July 1, 2023.

Background Discussion:

Summary:

Business owners located in the Town-Center Business Improvement Area (TCBIA) voluntarily voted to pay a surcharge on their Business Tax (BT) for the purpose of providing parking, decorations, music, and promotion of public events and Downtown business. The revenue from this surcharge is collected during the City's BT billing process, and administered by Downtown Visalians, Inc. (DTV) through a management agreement with the City. This agreement requires the presentation of an Annual Operations Report (Report) of all matters covered under the agreement for the preceding fiscal year. Approval of the Report triggers renewal of the management agreement for another year.

The 2022 Report is provided as Attachment A to this agenda item, and the presentation to be given tonight by Steve Nelson, the Executive Director and CEO of DTV.

The current TCBIA Management Agreement was approved in October of 2012, and requires minor revisions to incorporate changes to the payment schedule of assessments and update the reports provided along with these payments. In addition, staff requests a change of the TCBIA fiscal year to be the calendar year, making the reporting period match the Downtown Visalia Property and Business Improvement District (DTVPBID) assessment year. The TCBIA and the DTVPBID are both administered by DTV. The ability to combine reporting of the goals and accomplishments for both revenue sources will allow a more comprehensive annual reporting of the activities administered by DTV in the Downtown area. Administration of the DTVPBID and the TCBIA by the DTV is a feature that was built into the design of these assessments, and no change in the management of these revenue sources is expected to occur during the life of these areas. The proposed revisions to the existing agreement are included in this item as Attachment B, and staff is requesting Council approval of this revised agreement to be effective July 1, 2023.

Additional Background:

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File #: 23-0153 Agenda Date: 5/15/2023 Agenda #: 4.

The economic vitality of the Downtown Visalia area has long been a high priority for both the City, and the business owners located there. The Town-Center Business Improvement Area (TCBIA) was formed with the support of Downtown business owners, under the authority of State legislation in 1966 to support merchants in the downtown area. The formation of The TCBIA generated revenue with a 100% business tax surcharge for the purpose of improving the downtown area and promoting businesses located there. The TCBIA has generated an average of $172,000 annually over the last 5 calendar years and is projected to achieve the same level of funding in 2023. This funding, shown in Graph 1: Town-Center Business Improvement District 5-Year Average, is tied directly to business revenues within the Downtown area, and for this reason, fluctuates based upon larger economic conditions, such as the recent pandemic.

Graph 1: Town-Center Business Improvement District 5-Year Average The DTV was formed in 1963 and laid the foundations of the long-standing efforts of both the business owners and the City to keep Downtown Visalia thriving. The DTV was instrumental in the adoption of the TCBIA, and this funding source was enacted to support their activities. For this reason, the DTV has been contracted for the administration of the TCBIA since its inception, and, as noted in the management contract, the DTV Board also serves as the TCBIA Board. Membership of this board is limited to property and business owners in the Downtown area and is governed by the DTV Board By-Laws. A listing of current DTV and POA Board members is included in the attached report.

The TCBIA was formed under the California Streets and Highways Code, Part 5. Parking and Business Improvement Area Law of 1965 (Sections 36000-36081). Under this law, the TCBIA revenue may be used for the following purposes:
a)The acquisition, construction, or maintenance of parking facilities for the benefit of the area. b)Decoration of any public place in the area.

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File #: 23-0153 Agenda Date: 5/15/2023 Agenda #: 4.
c)Promotion of public events which are to take place on, or in public places in the area. d)Furnishing of music in any public place in the area.
e)The general promotion of retail trade activities in the area.

The report required by the Management Agreement is to include:
i. All actual revenue, activities and expenditures during the Program year of the TCBIA ii. A specific management plan, including operating budget, for the following Program year.

Fiscal Impact:

The TCBIA surcharge is one of many funding sources used by the DTV to promote Downtown businesses. 100% of the revenue generated from the TCBIA surcharge is collected by the City and passed through to the DTV to be used for the purposes stated in California Law and discussed above. Billing for these funds happens concurrently with collection of the regular business tax payments at no material increase in cost to the City.

Prior Council Action:
10/15/2012: Approval of current TCBIA Management Agreement Other: N/A
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move that Council:
1) Accept and approve the Annual Operations Report for the Town-Center Business Improvement Area (TCBIA), and
2) Approve the revised TCBIA agreement between the City and Downtown Visalians Inc. to be effective July 1, 2023.

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

Attachment A: TCBIA Report 2023
Attachment B: Revised TCBIA Management Agreement as Proposed Attachment C: DTV Profit and Loss Statement 2022
Attachment D: DTV Balance Sheet
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1 CITY OF VISALIA

TOWN - CENTER BUSINESS IMPROVEMENT AREA

MANAGEMENT AGREEMENT

THIS TOWN- CENTER BUSINESS IMPROVEMENT AREA MANAGEMENT
AGREEMENT is made and entered into June 30, 2023 by and between the CITY OF VISALIA, a Municipal Corporation, whose address of record is 707 W. Acequia, Visalia, California 93291, hereinafter referred to as "CITY" and the DOWNTOWN VISALIANS, INC., a California Nonprofit Mutual Benefit Corporation, whose address of record is 120 S Court Street, Visalia, California, 93291, hereinafter referred to as "CONTRACTOR".

WHEREAS, upon petition by property and business owners in the CITY' s downtown business district pursuant to the Parking and Business Improvement Area Law of 1965 (the 1965 Statute)1, the Town-Center Business Improvement Area (TCBIA) was established by the CITY Council of the CITY of Visalia on November 21, 1966, through adoption, of Ordinance No. 1195 (hereafter "TCBIA Ordinance");2 and,

WHEREAS, businesses located within the TCBIA boundaries (as shown on the approved boundary map attached hereto as Exhibit "A") are assessed an additional amount of general business tax equal to 100 percent of the business tax assessed on businesses in other areas of the CITY; and,

WHEREAS, as set forth in Visalia Municipal Code (VMC) section 5.52.070 of the TCBIA Ordinance, the uses to which the proceeds obtained from the additional tax on the businesses within the TCBIA may be put are: The acquisition, construction and maintenance of parking facilities for the benefit of the area; Decoration of any public place in the area; Promotion of public events which are to take place on or in public places in the area; Furnishing of music in any public place in the area; The general promotion of retail trade activities in the area; and,

WHEREAS, as set forth in VMC section 5.52.080 of the TCBIA Ordinance, an advisory board is authorized to be established for the purpose of advising the CITY Council on the manner in which the revenue from the additional business tax is to be used in furtherance of the purposes set forth above; and

WHEREAS, following establishment of the TCBIA, the Visalia CITY Council designated CONTRACTOR as the agency to administer the funds derived from the additional business tax, subject to periodic budget and reporting requirements.3

1 Streets and Highways Code §§ 36000 - 36081. All further statutory references are to the Streets and Highways Code unless otherwise indicated.
2 Originally codified in the Visalia Municipal Code at §§ 6100 -6110, currently codified at Chapter 5. 52 (TOWN CENTER BUSINESS IMPROVEMENT AREA), §§ 5. 52.010 - 5. 52. 110. 3 Pursuant to Resolution 462, adopted February 6, 1967. 117
2 WHEREAS, CONTRACTOR, as a private, nonprofit mutual benefit corporation, represents that it possesses the labor and professional skills and expertise to administer and implement the activities and improvements of the TCBIA and further that its governing board, consisting of 15 members, is qualified to serve as the TCBIA advisory board as provided for in the TCBIA Ordinance; and,

WHEREAS, the CITY and CONTRACTOR desire to establish an agreement setting forth the specific manner in which CONTRACTOR will administer the funds and carry out the activities in furtherance of the TCBIA Ordinance and establishing the CONTRACTOR governing board as the TCBIA advisory board.

NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants, promises, and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the parties hereto do hereby agree as follows:

1. INCORPORATION OF RECITALS. The RECITALS above are true and correct and constitute an enforceable provision of this Agreement.

2. SCOPE OF SERVICE. CONTRACTOR shall furnish the following services:

A. Administer and implement, either directly or through sub-contracts as specified hereafter, all of the activities and improvements of the TCBIA as stated, listed, or otherwise described in annual reports, all of which shall be consistent with the purposes of the TCBIA as set forth in the TCBIA Ordinance. It is anticipated that CONTRACTOR will sub-contract with other parties, persons or entities to provide some or all of the services and improvements as may be specified in the annual operation budget. Any such sub-contract shall be between CONTRACTOR and such third parties, CONTRACTOR shall solely be responsible for all obligations arising thereunder, and the CITY of Visalia shall not be deemed an agent, principal or joint venturer of CONTRACTOR for the purpose of such sub-contracts.

B. Prepare and provide to the CITY, for review by the City Council, an annual operations report for all matters covered under this Agreement no later than May 31 of each year. Such annual report shall account for: (i) all actual revenue, activities and expenditures during the Program Year of the TCBIA (Program Year is hereby defined as January 1 of each calendar year through December 31 of each succeeding calendar year) prior to the year of the report; and (ii) a specific management plan, including operating budget, for the Program Year commencing January 1 of the year following the report, specifying the actual activities and improvements proposed to be completed in that Program Year. The City Council shall approve the report as filed, provided the Council finds the report is consistent with the TCBIA Ordinance.

C. Provided the bylaws or other operating rules of CONTRACTOR continue to provide that any business or property owner who pays the additional TCBIA business tax is entitled to membership in CONTRACTOR, and provided the CONTRACTOR, governing board consists of no more than 17 members, the governing board of CONTRACTOR as it may 118
3 from time to time be constituted, shall be deemed the TCBIA advisory board and is hereby appointed as such by the City Council of the CITY of Visalia. A list of the current CONTRACTOR governing board members is attached hereto as Exhibit "B". An updated list of governing board members shall be included with the annual budget report as provided for in Paragraph 2.B. above. No other services shall be performed by CONTRACTOR unless approved in advance in writing by the CITY, stating the dollar value of the services, the method of payment, and any adjustment in contract time. All such services are to be coordinated with CITY and the results of the work shall be monitored by the City Manager or his/her designee; however, the means by which the work is accomplished shall be the sole responsibility of CONTRACTOR

3. TERM OF AGREEMENT, This Agreement shall be effective as of July 1, 2023, for a period of one year, and shall continue thereafter on a year-to-year basis. Acceptance and approval of the annual report as provided in Paragraph 2.B. above shall constitute renewal of the agreement for an additional one-year term, to commence on July 1 following approval of the report. All terms and conditions contained in this Agreement shall apply to any renewal term.

4. SCHEDULE FOR PERFORMANCE. CONTRACTOR agrees that time is of the essence in the performance of all of the services under this Agreement, and further agrees to produce all required reports and documents in the times stated in this Agreement. Deviations from time schedule may be made only with the prior written approval of the CITY Manager or his/her designee. In the event of any inconsistency between terms of this Agreement and any other document, the terms of this Agreement shall control.

5. CITY OBLIGATIONS

A. COLLECTION OF ASSESSMENT. CITY shall collect the TCBIA assessment in the same manner as all other general business taxes, and shall account for additional assessments under the TCBIA Ordinance separately from other general business taxes collected. CITY shall not collect, deduct or charge an administrative fee related to such collected assessments. Neither the CITY's general fund nor any other fund or monies of the CITY, other than the actual additional TCBIA tax levy received by CITY, is liable for any payment under this Agreement. The base general business tax paid by businesses within the TCBIA (that amount equal to the business tax paid by businesses in areas outside of the TCBIA) are not subject to this agreement, and shall be retained by the CITY and used for general fund purposes. Obligations under this Agreement are not a debt of the CITY, nor are they a legal or equitable pledge, charge, lien, or encumbrance upon any of the CITY' s property, income, receipts, or revenues.

B. COLLECTION REPORTS. CITY shall provide the following reports to CONTRACTOR (provided that such reports are ordinarily prepared by CITY):

1. Monthly list of new business tax payers located in TCBIA areas.

2. Yearly record of all businesses tax payers located in TCBIA.

3. Quarterly statement of delinquent business tax payers in TCBIA, and amount of delinquency.
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4 4. Quarterly summary of sales tax revenue generated within the TCBIA.

6. COMPENSATION. After deducting any amounts due CITY from CONTRACTOR under separate agreements between the parties, CITY shall forward CONTRACTOR any remaining balance of the TCBIA assessment actually collected and received by CITY. CITY shall make quarterly payments to CONTRACTOR, as follows: (i) payment in April for taxes collected in January to March; (ii) payment in July for taxes collected April to June; (iii) payment in October for taxes collected July to September; and (iv) payment in January for taxes collected October to December.

7. BROWN ACT AND PUBLIC RECORDS ACT. CONTRACTOR shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the TCBIA are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all documents relating to activities of the TCBIA.

8. WORK PRODUCT. It is understood and agreed that all plans, studies, specifications, digital media, records, files, reports, etc., in possession of CONTRACTOR relating to the matters covered by this Agreement shall be the property of the CITY, and CONTRACTOR hereby agrees to deliver the same to the CITY upon termination of the Agreement. It is understood and agreed that the documents and other materials including but not limited to those set forth hereinabove, prepared pursuant to this Agreement are prepared specifically for the CITY and are not necessarily suitable for any future or other use.

9. CONTRACTOR'S BOOKS AND RECORDS. During the term of this Agreement, and for three years after the term expires or terminates or for any longer period required by law, CONTRACTOR shall maintain detailed records pertaining to the TCBIA's administration, including but not limited to ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or concerning budgeting, charges, expenditures, subcontractors (e. g., bid records), insurance, permits, administrative expenses, and overhead.

CONTRACTOR shall make all such records available to CITY for inspection, audit, and/or copying at all reasonable times. If requested by CITY, CONTRACTOR shall obtain and provide to CITY, at CONTRACTOR's sole cost, an independent financial audit of CONTRACTORs' use of TCBIA funds for any or all years of the TCBIA' s operation; provided CONTRACTOR shall not be obligated to provide an independent financial audit more than once every five years.

10. INDEPENDENT CONTRACTOR. It is expressly understood that CONTRACTOR is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the CITY. CONTRACTOR shall be responsible for the payment of all taxes, workers' compensation insurance and unemployment insurance. Should CONTRACTOR desire any insurance protection, CONTRACTOR is to acquire same at its expense. In the event CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be 120
5 eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, protect, defend, and hold harmless the CITY for the payment of any employee and/ or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

11. INSURANCE. CONTRACTOR agrees to maintain insurance coverage as set forth in Exhibit "C" attached hereto and incorporated herein by reference throughout the term of this Agreement.

12. INDEMNITY. Visalians, Inc, shall indemnify, protect, defend, save and hold CITY, its officers, employees, agents, and volunteers harmless from any and all claims or causes of action for death or injury to persons, or damage to property resulting from intentional or negligent acts, errors, or omissions of CONTRACTOR or its officers, employees, agents, volunteers, contractors, and subcontractors during performance of this Agreement, or from any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct, negligent acts, or omissions of CONTRACTOR or its officers, employees, agents, volunteers, contractors, or subcontractors, or by the quality or character of CONTRACTOR' s work or activities, or resulting from the negligence of the CITY, its officers, employees, agents, and volunteers, except for loss caused solely by the gross negligence of the CITY. It is understood that the duty of CONTRACTOR to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by CITY of insurance certificates and endorsements required under this Agreement does not relieve CONTRACTOR from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply and shall survive the termination of this Agreement. By execution of this Agreement, CONTRACTOR acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

CITY shall indemnify, protect,' defend, save and hold CONTRACTOR, its officers, employees, agents, and volunteers harmless from any and all claims or causes of action for death or injury to persons, or damage to property resulting from intentional or negligent acts, errors, or omissions of CITY, or its officers, employees, agents, volunteers, contractors, and subcontractors, other than during performance of this Agreement. It is understood that the duty of CITY to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

13. ASSIGNABILITY OF AGREEMENT. It is understood and agreed that this Agreement contemplates personal performance by CONTRACTOR and is based upon a determination of its unique personal competence and experience and upon its specialized personal knowledge.

Assignments of any or all rights, duties or obligations ofCONTRACTOR under this Agreement will be permitted only with the express written consent of the CITY, which may be withheld at the CITY' s sole and complete discretion.

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6 14. CONFLICT OF INTEREST. CONTRACTOR certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. CONTRACTOR agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. CONTRACTOR further agrees to complete any statements of economic interest required by either CITY ordinance or State law.

15. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and municipal laws, rules, and ordinances. No discrimination shall be made by CONTRACTOR in the employment of persons to work under this contract because of race, color, national origin, ancestry, disability, sex, or religion of such person.

16. WAIVER. In the event that either CITY or CONTRACTOR shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.

17. SEVERABILITY. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

18. VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Tulare.

19. ATTORNEY' S FEES. In any litigation, arbitration or any other proceeding where CITY seeks to enforce any provision of this Agreement, or seeks a declaration of the rights and obligations of the parties, the prevailing party shall be awarded reasonable attorneys' fees, together with any costs and expenses incurred to resolve the dispute and to enforce any provision of this Agreement.

20. AMENDMENT. This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.

21. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto.

22. INTEGRATION. This Agreement constitutes the entire understanding and agreement of the parties and supersedes all previous and/ or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.

23. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute 122
7 this Agreement on behalf of their entity and has/ have the authority to bind their party to the performance of its obligations hereunder.

24. COUNTERPARTS. This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.

Downtown Visalians, Inc., Must be signed by two officers of the A California Nonprofit Mutual corporation, one of which is the Financial Benefit Corporation Officer.)

Date Tax I.D. Number
Signature Signature
Print Name Print Name
Title Title

CITY OF VISALIA, A Municipal Corporation:

Date Leslie Caviglia, City Manager
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8 ATTEST: ORIGINAL APPROVED AS TO FORM:

Michelle Nicholson, City Clerk Kenneth J Richardson, City Attorney

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Exhibit A – Map of TCBIA Boundaries
9 125
Exhibit B –Downtown Visalians, Inc. Governing Board Members 10 Downtown Visalia Board Members
Executive Board
Duane Rodriguez President
Janeen Robbins Vice President
Laura Rocha Treasurer
Kerry Hydash Secretary
Nate Mustain Member at Large

Board Members
Bree Singleton
Haylie Silva
John Lawson
Johnathon Anderson
Michael Parades
Mike Fistolera
Steven Torres
Taylor Rodriguez
Dulce Ugalde Arellano
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Exhibit C – Insurance Requirement
11 INSURANCE REQUIREMENT

A. During the term of this Agreement, Downtown Visalians Inc. shall maintain in full force and effect at all times during the term of the contract, at its sole cost and expense, policies of insurance as set forth herein:

1. General Liability:

a. Comprehensive general liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability.

b. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence).

c. Claims-made coverage is not acceptable.

d. The limits of liability shall not be less than:

Each occurrence: One Million Dollars ($ 1, 000,000)

Products & Completed Operations: One Million Dollars ($1,000,000)

Personal & Advertising Injury: One Million Dollars ($1,000,000)

e. If a general aggregate limit of liability is used, the minimum general aggregate shall be twice the 'each occurrence' limit or the policy shall contain an endorsement stating that the general aggregate limit shall apply separately to the project that is the subject of the contract.

f. If a products and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate shall be twice the each occurrence limit or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to the project which is the subject of the contract.

2. Automobile Liability:

a. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles.

b. Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbol 1 (any auto).

127
Exhibit C – Insurance Requirement
12 c. The limits of liability per accident shall not be less than:

Combined Single Limit: One Million Dollars ($1,000,000)

d. If General Liability coverage, as required above, is provided by the Commercial General Liability form, the Automobile Liability policy shall include an endorsement providing automobile contractual liability.

3. Worker's Compensation

a. Worker's Compensation Insurance, with coverage as required by the State of California (unless Downtown Visalians Inc. is a qualified self-insurer with the State of California), and Employers Liability coverage.

b. Employer's Liability Coverage shall not be less than the statutory requirements.

c. Downtown Visalians Inc. shall sign and file with the Director of Finance of the City of Visalia the Worker's Compensation Certificate that is contained in this Exhibit.

4. Insurance Required in the Supplementary Conditions: Downtown Visalians Inc. shall be required to comply with all conditions as stipulated in the Standard Construction Specifications as applicable.

5. Other Insurance Provisions:

a. Downtown Visalians Inc.'s General Liability, Automobile Liability, any Excess or Umbrella Liability, shall contain the following provisions:

The City, its officials, employees, agents and volunteers shall be covered as additional insured as respects liability arising out of activities performed by or on behalf of Downtown Visalians Inc., products and completed operations of Downtown Visalians Inc., premises owned, occupied, or used by Downtown Visalians Inc., or automobiles owned, leased, hired, or borrowed by Downtown Visalians Inc.

The policy shall contain no special limitations on the scope of coverage afforded to the City, its officials, employees, agents or volunteers.

b. For any claims related to the project, Downtown Visalians Inc.'s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, or volunteers shall be excess of Downtown Visalians Inc.'s insurance and shall not contribute to it.

c. Any failure to comply with reporting or other provisions of the policies on the part of Downtown Visalians Inc., including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, agents or 128
Exhibit C – Insurance Requirement
13 volunteers.

d. Downtown Visalians Inc.'s Workers Compensation and Employer's Liability policies shall contain an endorsement that waives any rights of subrogation against the City, its officers, officials, employees, agents, and volunteers.

e. Each insurance policy shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, non- renewed, or materially changed except after 30 days prior written notice by certified mail has been given to the City. Ten days prior written notice by certified mail shall be given to the City in the event of cancellation due to nonpayment of premium.

6. Acceptability of Insurers: Insurance is to be placed with insurers with a Bests' rating of no less than A:VII.

7. Downtown Visalians Inc. shall furnish the City with Certificates of Insurance and original endorsements or insurance binders, signed by a person authorized by the insurer to bind coverage on its behalf, evidencing the coverage required by this section, the Standard Specifications, and any Supplementary Conditions. Downtown Visalians Inc. shall furnish complete, certified copies of all required insurance policies, including original endorsements specifically required hereunder.

8. Downtown Visalians Inc. shall report, by telephone to the City within 24 hours, followed by a report in writing to the City within 48 hours, after Downtown Visalians Inc. or any of its Subcontractors or agents have knowledge of, any accident or occurrence involving death of or serious injury to any person or persons, or damage in excess of Ten Thousand Dollars ($10,000) to property of the City or others, arising out of any work done by or on behalf of Downtown Visalians Inc. as part of the contract.

9. Such report shall contain:

a. the date and time of the occurrence,
b. the names and addresses of all persons involved, and c. a description of the accident or occurrence and the nature and extent of the injury or damage.

10. The City, at its discretion, may increase the amounts and types of insurance coverage required hereunder at any time during the term of the contract by giving 30 days written notice.

11. If Downtown Visalians Inc. fails to procure or maintain insurance as required by this section, the Standard Specifications, and any Supplementary Conditions, or fails to furnish the City with proof of such insurance, the City, at its discretion, may procure any or all such insurance. Premiums for such insurance procured by the City shall be deducted and retained from any sums due Downtown Visalians Inc. under the contract.

129
Exhibit C – Insurance Requirement
14 12. Failure of the City to obtain such insurance shall in no way relieve Downtown Visalians Inc. from any of its responsibilities under the contract.

13. The making of progress payments to Downtown Visalians Inc. shall not be construed as relieving Downtown Visalians Inc. or its Subcontractors of responsibility for loss or direct physical loss, damage, or destruction occurring prior to final acceptance by the City.

14. The failure of the City to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at any time during the term of the Agreement.
130
131
132
133
134
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0191 Agenda Date: 5/15/2023 Agenda #: 5.

Agenda Item Wording:

Consideration of and direction on initiating potential Municipal Code Updates related to Allowing the Keeping of “Chickens” in Residential Zones.

Deadline for Action: 5/15/2023
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that the City Council consider the information presented in this staff report. Based on the staff report, presentation and comments received, the City Council may direct staff to initiate a Zoning Text Amendment that would revise and update municipal code language to permit the keeping of chickens in residential zone districts. Revisions to be considered as part of the Zoning Text Amendment process related to the keeping of chickens in residential zones will be subject to the public hearing process.

Summary:

Keeping of chickens or other fowl in residential zones is not presently permitted in the Visalia City Limits, except in the R-1-20 (Single-Family Residential, minimum 20,000 square foot site area) zone district. This issue is addressed in a variety of ways throughout the State. Most cities, like Visalia, classify chickens and similar fowl as barnyard or farm animals, and exclude them from being kept as household pets. Please note, in the R-1-20 zone (former R-A, Rural Residential zone) the breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters, other small animals and fowl, on a domestic noncommercial scale, provided that there shall not be less than one thousand (1,000) square feet of site area for each fowl or animal and provided that no structure housing poultry or small animals shall be closer than fifty (50) feet to any property line, closer than twenty-five (25) feet to any dwelling on the site, or closer than fifty (50) feet to any other dwelling is permitted.

Other nearby cities are mixed in their allowances for chickens. A summary of these cities is provided in the table below:

City Chickens
Permitted
Roosters
Permitted
Permit/License
Required
Setback
Requirements
Enclosure
Required
Clovis No No
Dinuba No No
Exeter Yes (10
chickens
permitted)
No No Rear Yard only Yes
Farmersville Yes (4 chickens
permitted)
No No Rear Yard only No
Fresno No No
Hanford No No
Lindsay Yes (5 chickens
permitted)
No No Rear Yard only Yes
Tulare No No
Porterville No No
Woodlake Yes (4 chickens
permitted)
No Rear Yard only
& setback 25-
ft. from any
residence.

Yes
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City Chickens
Permitted
Roosters
Permitted
Permit/License
Required
Setback
Requirements
Enclosure
Required
Clovis No No
Dinuba No No
Exeter Yes (10
chickens
permitted)
No No Rear Yard only Yes
Farmersville Yes (4 chickens
permitted)
No No Rear Yard only No
Fresno No No
Hanford No No
Lindsay Yes (5 chickens
permitted)
No No Rear Yard only Yes
Tulare No No
Porterville No No
Woodlake Yes (4 chickens
permitted)
No Rear Yard only
& setback 25-
ft. from any
residence.

Yes
Cities that allow the keeping of chickens have generally concluded that chickens can be both pets and potential supplemental food sources (eggs and meat) and allow from one to several on residential lots. Cities that allow chickens typically include several restrictions such as, no roosters, no killing and/or dressing the animals on the premises, require enclosure standards including setbacks from property lines and residential/habitable structures, and requiring a clean and sanitary environment. These standards and limitations are intended to minimize the potential nuisance effects of these animals on adjacent and nearby properties.

Background Discussion:

On February 21, 2023, Councilmember Wynn requested the City Council approve placing an item on a future City Council agenda to consider discussing and directing staff to seek potential revisions to the Visalia Municipal Code that may permit the keeping of chickens and/or hens in the City of Visalia.

Based on the request, staff researched Municipal Codes of other California cities, as well as literature on the keeping of backyard fowl husbandry.

Staff is seeking input and potential direction from the City Council on whether the Council wants to direct staff to begin the process of identifying potential revisions to the municipal code to permit the keeping of chickens on residential zoned properties in the City of Visalia. Staff has provided the following options for the City Council’sconsideration related to this subject as summarized below.

Please note the following are examples of what considerations could be included in an ordinance update. Items identified will allow staff to begin work on drafting revisions to the municipal code that will be presented at a future meeting.

1. Limit the allowance to include the R-1-5 (Single-Family Residential, 5,000 sq. ft. minimum site area per lot) and R-1-12.5 (Single-Family Residential, 12,500 sq. ft. minimum site area per lot) Zone Districts. This would preclude keeping chickens in the R-M-2 and R-M-3 multi-family residential zones where space is limited and potential for conflicts is greater.

2. Identify a limitation on the number of chickens permitted per parcel. Staff recommends the City Council limit the number of chickens to a maximum of no more than four (4) chickens per parcel, and expressly prohibit the keeping of roosters within the City of Visalia. This would allow a reasonable number of chickens for egg production and for eventual dressing and consumption of chickens. However, this number would also minimize the potential for nuisance impacts on other residences (noise, odors, vermin and predator attraction).

3. Require that a coop and/or enclosure be provided to shelter chickens at a rate of a minimum of three (3) square feet per chicken, as recommended by industry literature for chicken coops.

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File #: 23-0191 Agenda Date: 5/15/2023 Agenda #: 5.
of three (3) square feet per chicken, as recommended by industry literature for chicken coops.

The City Council may also consider adopting language that prohibits the free range of chickens within a secured yard area at any time.

4. If coops and/or enclosures are required, set a minimum separation distance of at least 10 to 20 feet from property lines and/or habitable/residential structures.

5. Prohibit the killing and dressing of chickens on residential zoned property. This would limit the potential for offending adjacent residents in the course of keeping chickens on single-family zoned sites.

6. Require an over-the-counter ministerial permit for the keeping of chickens in the City of Visalia. This permit process would ensure education about City standards and compliance with the above provisions, including administrative citation penalties and revocation of said permit should the permittee fail to maintain the required standards. Staff will identify a permit fee amount that is reasonable based on the time allocated to processing the permit. That fee will be presented when draft language is presented at a future meeting.

Please note staff acknowledges the enforcement of potential revisions related to this subject would admittedly be difficult to enforce and or pursue if complaints are received. The Neighborhood Preservation Division carries a significant workload related to transient issues, illegal cannabis grows, substandard housing issues, sign enforcement, street vendor enforcement along with a plethora of code violations reported daily on the City’sCode Enforcement hotline. The addition of responding to complaints received from person(s) not complying with potential adopted regulations as noted above will add to their workload.

Fiscal Impact:

None.

Prior Council Action:

On February 21, 2023, a request by Councilmember Liz Wynn for Council to approve placing an item on a future City Council agenda for consideration of allowing backyard hens in the City of Visalia was approved.

On April 6, 2015, the City Council directed staff to initiate a Zoning Text Amendment to Allow Keeping Chickens in Residential Zones.

On June 1, 2015, the introduction of Ordinance No. 2015-06, amending the Municipal Code to allow chicken keeping in single-family residential zone districts was presented. The City Council voted to deny the ordinance.

Other:

On May 11, 2015, the Planning Commission voted 3-1 to recommend denial of the Municipal Code Amendment.

Alternatives:

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File #: 23-0191 Agenda Date: 5/15/2023 Agenda #: 5.

The City Council, in lieu of the recommendations provided, may direct staff to consider the following:

1. Receive the staff report and presentation and take no further action at this time.

2. Provide staff with further direction and return the item back at a future Work Session.

Recommended Motion (and Alternative Motions if expected):

I move to direct staff to initiate a Zoning Text Amendment to amend portions of the Visalia Municipal Code that will permit the keeping of chickens in the R-1-5 and R-1-12.5 residential zones.

Environmental Assessment Status:

No environmental assessment required at this time. The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by City staff.

CEQA Review:

The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by City staff.

Attachments: None.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0198 Agenda Date: 5/15/2023 Agenda #: 1.

Agenda Item Wording:

Proclamation Recognizing National Public Works Week
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0207 Agenda Date: 5/15/2023 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0454 Agenda Date: 5/15/2023 Agenda #: 2.

Agenda Item Wording:

Request authorization to file a Notice of Completion for the Fleet Maintenance Settlement Repair Project. Project No. (1420-72000/CP0250)
Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Jaklin H 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:

Authorize staff to file a Notice of Completion for the Fleet Maintenance Settlement Repair Project.

Background Discussion:

The Fleet Maintenance Building is located near the Ben Maddox entrance to the City’sPublic Works Corporation Yard. More than 4-inches of settlement had occurred at the westerly end of the Fleet Maintenance Building. The settlement had contributed to damage to the building causing the need for multiple building repairs including door jams, damage to floors, plumbing, footings, building slab, stairs, stairwells, roof, and metal siding. The excessive settlement had occurred as a direct result of poor soil compaction, excessive moisture content, and the presence of organic material in the subgrade as noted in the Geotechnical Investigation report conducted in 2020. The completion of the project consolidated the underlying soils and raised the building slab back to its original floor elevation, through a push pier and polymer injection method.

Change Orders:

The Fleet Maintenance Building Settlement repair project had one zero-cost change order that extended the original contract from January 6th, 2023 until April 30th, 2023. The contract was extended due to weather conditions. The Valley saw unforeseen historic inclement weather conditions from November 2022 through March 2023, which caused the rescheduling of critical path works for this project. This change order approved the additional contract time that was required to correctly complete the work established in the contract with Caliber Contracting INC including exterior concrete and stair replacement.

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File #: 22-0454 Agenda Date: 5/15/2023 Agenda #: 2.

Fiscal Impact:

This project was funded by the Measure N Building Maintenance Fund 142, (No. 1420- 72000/CP0250-999)
Budget Summary: Fleet Maintenance Building Settlement Repair Project, CP0250 Original Estimated Project Costs $261,658
Actual Project Costs
Construction Cost $198,225
Construction Surveying (3%) $5,947
Construction Inspection (1%) $1,982
Staff Time (5%) $9,911
Total Project Cost $216,065
The cost to complete construction was less than the original estimated amount of $261,658. This was a result of no change orders processed that increased the contract amount, therefore, the amount budgeted for construction contingency and the plumbing continency was not expended. In addition, the project budget included budget for material testing which was deemed not necessary following the completion of the project.

Any unused monies will return to the fund from which they originated.

Prior Council Action:

August 1st, 2022
The City Manager was authorized to execute an agreement for RFB 21-22-38 in the amount of $198,225.00 for the Fleet Maintenance Building Slab Repair Project to Caliber Contracting Services Inc.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to file a Notice of Completion for the Fleet Maintenance Building Settlement Repair Project.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

1. Post - Construction Photos and Lidar
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Settlement at theFleet Maintenance Building Before and After Pictures and Lidar 1 143
Push Pier and Polymer Injection were used to Stabilize and Lift the Fleet Building 144
3 Before After
Buckling of Siding Resolved After Lift
145
Before After
Closing of Cracks Caused by the Settlement
146
5 BeforeAfterStaircaseand Door Landing Replaced
147
6 BeforeAfter
Lift Confirmed through Survey and Lidar
Before
148
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0134 Agenda Date: 5/15/2023 Agenda #: 3.

Agenda Item Wording:

Authorize the City Manager to file a Notice of Completion for; the Enhanced Crosswalk at Denton Street and Ferguson Avenue Project (CIP 3010-72000/CP0297-999) and the Linwood Street Pedestrian Pathway Project (CIP 3010-72000/CP0476-999) and an additional appropriation of $29,000 from the Measure R Local Fund to the Linwood Street Pedestrian Pathway Project.

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

Alejandro Ortega, Associate Engineer, [email protected], 713-4164 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 City Council:

1. Authorize the City Manager to file a Notice of Completion for the Enhanced Crosswalk at Denton Street and Ferguson Avenue and the Linwood Street Pedestrian Pathway Projects.

2. Approve an additional appropriation of $29,000 from the Measure R Local Fund to the Linwood Street Pedestrian Pathway Project (CP0476).

Background Discussion:

These two projects provided additional pedestrian safety measures at two separate locations near existing elementary schools. The first location is at the intersection of Denton Street and Ferguson Avenue where an enhanced crosswalk with pedestrian activated flashing beacons was installed adjacent to the existing Denton Elementary School. The second location is along Linwood Street between Ferguson Avenue and Modoc Avenue. This provided connectivity between the existing sidewalks at each end of the project limits to provide a safe route along a county island but within City right of way between the existing residential neighborhood to and from Oak Grove Elementary School.

Enhanced Crosswalk at Denton Street and Ferguson Avenue:

The first project constructed an enhanced crosswalk at the intersection of Denton Street and Ferguson Avenue which is adjacent to Denton Elementary School. This enhanced crosswalk also provides access to Lyons Park located on the north side of Ferguson Avenue at Denton Street. The enhanced crosswalk provides a safer crossing of Ferguson Avenue and provides connectivity between the residential neighborhood on either side of Ferguson Avenue. The school crosswalk provides a closer crossing to Denton Elementary School with pedestrian activated flashing beacons.

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File #: 23-0134 Agenda Date: 5/15/2023 Agenda #: 3.

The installation of a median island and bulbouts provides protection for the pedestrian crossing Ferguson Avenue.

This project was constructed within budget. After construction and installation of the flashing beacons, City Staff met with VUSD staff on the field and conducted an orientation that provided background on the flashing beacon and on how it operates.

Linwood Street Pedestrian Pathway:

The second project constructed a pedestrian pathway along the west side of Linwood Street between Ferguson Avenue and Modoc Avenue connecting to the existing sidewalk at the north and south limits of this project. Linwood Street is a City of Visalia roadway, however the parcels to the west along this segment are still within the County. This segment of Linwood Street is currently a two-lane roadway with graded shoulders. The pedestrian pathway’s design is consistent with the neighborhood’srural setting. The pathway meanders along the west side of Linwood Street adjacent to an abandoned irrigation ditch which was retained to function as a swale to collect any urban runoff.

Oak Grove Elementary is located south of the intersection of Linwood Street at Ferguson Avenue and students walk along Linwood Street from the existing residential houses located north of the project limits to the Oak Grove elementary school. The pedestrian pathway provides a separate all weather surfaced pathway connecting the existing sidewalks at the limits of this project.

In recent years there has been significant construction of residential houses in the northwest Visalia area. This growth caused the Visalia Unified School District (VUSD) to construct a new elementary (Denton Elementary) at the corner of Denton and Ferguson to facilitate the need. There were multiple meetings with VUSD and Oak Grove Elementary parents who had expressed the need for a connective pathway along this segment of Linwood Street for students walking to and from school due to the re-boundary efforts by VUSD. The path also serves the general public as pedestrians were forced to walk along the dirt shoulder parallel to the narrow roadway.

The original contract amount for the construction portion for this project was $137,125. The final cost is $181,302. The change orders consisted of additional pedestrian safety measures Staff added during construction (AC Dike and Delineators), additional asphalt required, and unforeseen existing structures that were discovered that led to having two change orders.

Change Orders for Linwood Street Pedestrian Pathway
Change Order #1: Change of Scope $ 19,950
Change Order #2: Item 1-Balance of Quantities $ 22,917 Item 2-Unforseen $ 1,310
Total Change Order Cost $ 44,177
Changes Orders 1 and 2 were submitted and approved by the Change Order Committee on August 18, 2022 and October 6, 2022, respectively. The Change Order Committee is a non-appointed committee of technical staff who are not directly involved with the project being considered. The Committee reviews the contract change order request for completeness, accuracy, constructability, objectivity, consistency, and overall insight.

Fiscal Impact:

Enhanced Crosswalk at Denton Street and Ferguson Avenue Project (CP0297) The Enhanced Crosswalk at Denton Street and Ferguson Avenue project is funded by the Measure R Visalia City Council Printed on 5/12/2023Page 2 of 4
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File #: 23-0134 Agenda Date: 5/15/2023 Agenda #: 3.

The Enhanced Crosswalk at Denton Street and Ferguson Avenue project is funded by the Measure R Local fund (131) and the Gas Tax fund (111) with a total project budget of $240,200.

The table below shows the cost summary for the Enhanced Crosswalk at Denton Street and Ferguson Avenue project:

Project Funding:

Measure R Local fund (131) $160,200
Gas Tax fund (111) $ 80,000
Total Project Funding: $240,200
Project Costs:

Design Staff Time Cost $ 31,600
Design -Consultant Cost (QK Inc.) $ 36,760
Construction Cost $129,385
Material Testing Cost $ 2,228
Surveying Cost $ 2,500
Construction Management -Staff Time Cost $ 22,000
Total Project Costs: $224,473
Summary:

Total Project Funding: $240,200
Total Project Cost: $224,473
Budget Surplus (MR Local): $ 15,727
Linwood Street Pedestrian Pathway Project (CP0476)
The Linwood Street Pedestrian Pathway project is funded by the Measure R Local fund (131) and the Gas Tax Fund (111) with a total project budget of $232,000.

The table below shows the cost summary for the Linwood Street Pedestrian Pathway project:

Project Funding:

Measure R Local fund (131) $ 57,000
Gas Tax fund (111) $175,000
Total Project Funding: $232,000
Project Costs:

Design Staff Time Cost $ 9,300
Design -Consultant Cost (QK Inc.) $ 42,943
Construction Cost $137,215
Material Testing Cost $ 2,228
Surveying Cost $ 4,800
Construction Management -Staff Time Cost $ 20,000
Total Project Costs: $216,486
Change Orders
Change Order #1 $ 19,950
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File #: 23-0134 Agenda Date: 5/15/2023 Agenda #: 3.

Change Order #2 $ 24,227
Total Change Order Cost $ 44,177
Total Project Cost: $260,663
Summary:

Total Project Funding: $232,000
Total Project Cost: $260,663
Budget Surplus/(Deficit): ($ 28,663)
Appropriation Request (Measure R Local - 131) $ 29,000 Staff recommends additional funds in the amount of $29,000 be appropriated from the Measure R Local Fund to the CP0476 Linwood Street Pedestrian Pathway project to address the budget shortfall. Any remaining funding allocated to these projects will be returned to the funding source once the projects are completed.

Prior Council Action:

June 20, 2022 -

1. City Council authorized the City Manager to award Denton Street at Ferguson Avenue Enhanced Crosswalk and the Linwood Street Pedestrian Pathway projects to Bush Engineering in the amount of $282,322; and

2. Approved an appropriation of $50,200 from the Measure R Local Fund to the Enhanced Crosswalk at Denton Street and Ferguson Avenue Project (CP0297).

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to file a Notice of Completion for; the Enhanced Crosswalk at Denton Street and Ferguson Avenue Project and the Linwood Street Pedestrian Pathway Project and an additional appropriation of $29,000 from the Measure R Local Fund to the Linwood Street Pedestrian Pathway Project.

Attachments:

1. Project Location Map: Enhanced Crosswalk at Denton St and Ferguson Ave.

2. Project Location Map: Linwood Street Pedestrian Pathway.

3. Contract Disclosure Form.

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DITCH (p)
MODOC
Akers
Roeben
Ave 312
Goshen
Sunnyview
Ferguson
Rd 92
Doe
Shirk
Riggin
N
Akers
St
N
Preston
St
N
Denton
St
W Goshen Ave
N Siena St
N Sidney St
W
LakewoodDr
W Elowin Dr
W Prospect Dr
N Shirk St
N Quincy Ct
N
Tom
m
y
St
N
Tam
arack
Dr
N Quincy StW Oriole Ave
W Robin Ave
W Buena Vista Ave
W Perez Ave
N Teddy St
N
RoebenSt
W Lark Ct
W Babcock Ave
N Vermont St
N M
aselli St
N Peppertree St
W Clinton Ave
N
MaselliCt
W SunnyviewAve
W Pershing Ave
W Ceres Ave
N Pienza St
W Oriole Ct
W Delaware Ave
W Modoc Ave
W Thompson Ave
W Harold Ave
W Whitley Ave
W Elowin Ave
N Boise St
N Peppertree Ct
W Lark Ave
W Ferguson Ave
W Sweet Ave
W Prospect Ave
W Doe Ave
N Mae Carden Ct
W Wren Ave
W Delaware Ct
W Babcock Ct
Ave 312
W Vine Ct
W Pershing Ct
N Stokes Ct
N Lindsay Ct
W Stewart Ave
W Vine Ave
N
Tam
arack
St
W Clinton Ct
N M
ae Carden St
N Marcin St
N Roeben Dr
N
ElCajon
St
Rd 92
W Riggin Ave
W Sweet Dr
WElowinAve
.

DENTON STREET AT

FERGUSON AVENUE

ENHANCED CROSSWALK

PROJECT
Denton
Elementary
School
DENTON ST. AT FERGUSON AVE.

ENHANCED CROSSWALK

PROJECT LOCATION MAP
Denton St
153
MODOC
BASIN
MODOC
MODOC
Akers
Riggin
Linwood
Chinowth
Dem
aree
Houston
Ferguson
Goshen
N
Akers
St
W Riggin Ave
N
Rono
St
N Parkwood St
W Goshen Ave
N Siena St W Pianosa Ave
W Fiano Ave
W Elowin Ave
N
Kingm
anSt
N M
em
ory St
W Livorno Ave
N
Atwood
St
N
Silvervale
St
W Arezzo Ave
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N Tilden St
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W Vine Ave
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W Flagstaff Ave
W Clinton Ave
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N Pienza St
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N Pratos St
W Payson Ave
W Elowin Ct
W Harold Ct
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Merlot Ct
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W Modoc Ct
N Silvervale Ct
W Jerome Ave
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N Fontana StW Sedona Ave
W Clinton Ct
W Cecil Ave
W Delta Ave
W Buena Vista Ct
W Addisyn Ct
W Oakridge Ct
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LINWOOD ST. PEDESTRIAN

PATHWAY PROJECT
Oak Grove
Elementary
School

LINWOOD STREET PEDESTRIAN PATHWAY

PROJECT LOCATION MAP
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155
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0168 Agenda Date: 5/15/2023 Agenda #: 4.

Agenda Item Wording:

Consider for re-appoint two current commissioners for second term on the Parks and Recreation Commission.

Deadline for Action: 5/15/2023
Submitting Department: Community Services
Contact Name and Phone Number: Laurissa Roggenkamp, Recreation Manager 713-4336 and Kelli Kincaid 713-4042
Department Recommendation:

It is recommended that City Council re-appoint Commissioner Monroy and Commissioner Wagner to the Parks and Recreation Commission to serve a second term.

Background Discussion:

Pursuant to Article VII of the Visalia City Charter, the Council, may provide for appointment of the Parks and Recreation Commission five members to serve without compensation, and to act in an advisory capacity to the Council and City Manager in all matters pertaining to parks, playgrounds, and recreation centers.

In accordance with the City Charter, the Parks and Recreation Commission is comprised of five voting members. Pursuant to Visalia Municipal Code 2.12.010 vacancies from any cause on the Parks and Recreation Commission shall be filled by the Council.

The Parks and Recreation Commission is currently comprised of three appointed commissioners; Commission Chair Lisa Walsh (resides in Northwest quadrant), Commissioner Edgardo Monroy (resides in Southwest quadrant), and Commissioner Samantha Wagner (resides in Southeast quadrant).

Commissioner Monroy and Wagner were both appointed June 2021 to serve their first term, both have requested to continue their service on the commission with a second term beginning June 1, 2023 through June 30, 2025. During their first term both Commissioners actively participated in meetings, and each has only been absent twice over the past two years.

Fiscal Impact:

None
Prior Council Action: 6/20/2022 Council appointed Lisa Walsh for her second term and extended Steve Woods for an additional six months.

The Council approved recruitment to be opened. 06/21/2021 Council appointed Commissioners Visalia City Council Printed on 5/12/2023Page 1 of 2
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File #: 23-0168 Agenda Date: 5/15/2023 Agenda #: 4.

Edgardo Monroy, Samantha Wagner, Veronica Barajas for their first-term.

Other: N/A
Alternatives: Set a date for City Council to conduct interview/evaluations.

Recommended Motion (and Alternative Motions if expected):

I move to approve the reappointment of Edgardo Monroy and Samantha Wagner for their second terms to the Parks and Recreation Commission
Environmental Assessment Status: None
CEQA Review: None
Attachments: None
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0171 Agenda Date: 5/15/2023 Agenda #: 5.

Agenda Item Wording:

Authorize the City Manager to award a sole source purchase order for the repair and replacement of piping components of Digester #4 at the Water Reclamation Facility (WRF) to W.M. Lyles Company for a not to exceed amount of $284,000 and appropriate an additional $150,000 from the Wastewater Fund (431) to CIP Digester Cleaning & Equipment Repairs (CP9768).

Deadline for Action: 5/15/2023
Submitting Department: Public Works
Contact Name and Phone Number:

Wyndi Ferguson, Public Works Manager, [email protected] <mailto:[email protected]>, 713-4186
Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:

Authorize the City Manager to award a sole source purchase order for the repair and replacement of piping components of Digester #4 at the Water Reclamation Facility (WRF) to W.M. Lyles Company for a not to exceed amount of $284,000 and appropriate an additional $150,000 from the Wastewater Fund (431) to CIP Digester Cleaning & Equipment Repairs (CP9768).

Background Discussion:

In May 2022 the sludge recirculation line to Digester 4 located at the Water Reclamation Facility (WRF) began to leak, To stop the leak and allow for repairs, the levels within Digester 4 needed to be brought down below the point of the leak. As the emergency beds at the Plant were eliminated during the upgrade project, the only way to safely mitigate the issue was to drain the digester contents back to the headworks and recirculate them back through the plant process. This operation was accomplished over several days and lowered the content level to the point of the pipe failure, causing the spray to stop. The recirculation of the sludge caused some adverse reactions within the plant, so the remainder of the digester could not be emptied through this process. At that point, the digester was deemed unusable and taken off-line. To prevent further upset to ongoing operations, staff slowly and incrementally pumped out the remaining contents to lower the sludge level below the entry hatch which allowed staff access for a visual inspection.

In February 2023 a Purchase Order was issued to Wastewater Solids Management Company (WSM) to pump and dewater the remaining sludge and clean the inside of the digester. When the cleaning process was complete and a visual inspection could be performed by staff, it was discovered that several areas of the glass lined ductile iron pipe that circulates the sludge contents within the digester structure had developed large holes, thus rendering the digester completely inoperable. There are a total of 8 digesters at the WRF, and the remaining 7 also need to be dewatered, cleaned, and inspected. This task cannot be completed until Digester 4 is repaired and placed back into operation.

Staff have received bids for the digester cleaning process for the remaining digesters, and requesting Visalia City Council Printed on 5/12/2023Page 1 of 2
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File #: 23-0171 Agenda Date: 5/15/2023 Agenda #: 5.

Staff have received bids for the digester cleaning process for the remaining digesters, and requesting the awarding of a contract at a later date.

As W.M. Lyles Company was the contractor for the WRF upgrade and is currently working on the premises to complete the Renewable Power Generation System (RPGS), staff asked them to appraise the damage and provide a quote for the needed repairs. Lyles provided a quote of $284,000 to replace all the interior glass lined ductile iron pipe as well as the damaged exterior piping components. Staff have also been advised that the lead time to receive all the material is 20-24 weeks. The loss of Digester 4 is causing adverse effects in the plant system and needs to be repaired as soon as possible to prevent any further issues within the WRF.

Fiscal Impact:

Staff is requesting the approval of a sole source purchase order to W. M. Lyles for $284,000. Funding for the needed repairs will be paid for out of the Digester Cleaning & Equipment Repair Capital Improvement Project (CP9768) budgeted within the Wastewater Fund (431). Currently, CP9768 only has a budget of $195,040, therefore staff is also requesting an additional appropriation in the amount of $150,000 from the Wastewater Fund (431), which will increase the total amount budgeted in CP9768 to $345,040. This will provide additional funding necessary in the event that any unforeseen conditions are encountered, and additional repairs are needed as the work begins.

Alternatives:

Competitively select a contractor to perform these services via a Request for Proposals (RFP) process through the City’sPurchasing Department. (Due to the critical nature and timing of this work, this is not recommended.)
Recommended Motion (and Alternative Motions if expected):

Authorize City Manager to award a sole source purchase order for the repair and replacement of piping components of Digester #4 at the Water Reclamation Facility (WRF) to W.M. Lyles Company for a not to exceed amount of $284,000 and appropriate an additional $150,000 from the Wastewater Fund (431) to CIP Digester Cleaning & Equipment Repairs (CP9768).

Attachments:

W.M. Lyles quote
Visalia City Council Printed on 5/12/2023Page 2 of 2
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0174 Agenda Date: 5/15/2023 Agenda #: 6.

Agenda Item Wording:

Authorize the City Manager to award Request for Bids (RFB) 22-23-37, an annual contract for On- Call Concrete Repair/Replacement to Sierra Range Construction of Visalia, CA. for the not to exceed amount of $200,000, based on proposed unit pricing. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods upon mutually agreed upon terms.

Deadline for Action: 5/15/2023
Submitting Department: Public Works
Contact Name and Phone Number:

Wyndi Ferguson, Public Works Manager, [email protected], 713-4186 Nick Bartsch, Public Works Director, [email protected] <mailto:[email protected]>, 713 -4052
Department Recommendation:

Staff recommends that the City Manager award an annual contract for On-Call Concrete Repair/Replacement to Sierra Range Construction of Visalia, CA. for the not to exceed amount of $200,000, based on proposed unit pricing. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods upon mutually agreed upon terms.

Background Discussion:

Staff conducted a competitive bid process for a contractor to supply concrete repair and replacement services on an on-call basis throughout the city (RFB 22-23-27). These services include but are not limited to repair or replacement of sidewalks, curbs and gutters, driveway approaches and bus pads to bring them into compliance with codes and regulations. Additionally, the City offers contracted services to property owners needing concrete work in the right-of-way adjacent to their property frontage. An estimate will be provided to the property owner with a scope of work utilizing the unit bid prices, and if agreeable to the property owner, the Contractor will perform the work. The property owner can either pay the City directly or agree to have the cost of the repairs assessed to their property tax bill in four (4) equal annual installments.

The bid was comprised of twenty-nine (29) standard projects commonly used by the City with a unit cost for each item. Estimated annual quantities were used to project unit prices to the total annual cost. The total annual cost was used to award the bid and the unit costs will be the basis for payment on each future project. These bids include prevailing wage requirements. In some cases, the unit costs of concrete services have doubled, and others have as much as tripled, thus resulting in a significant increase to the “TotalEstimated Annual Cost”from the previous contract which dates back to 2015. Unit prices under this contract are also typically much higher than the City’scapital projects due to the inefficiencies of small quantities spread throughout the City. In most cases, the contractor is required to remove and replace, or make repairs to, short segments of sidewalk or curb Visalia City Council Printed on 5/12/2023Page 1 of 2
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File #: 23-0174 Agenda Date: 5/15/2023 Agenda #: 6.
and gutter in isolated locations.

On April 25, 2023, one (1) bid was received by Purchasing. This bid was submitted by Sierra Range Construction in the amount of $779,200 for numerous unit-priced items and was based on estimated quantities. Historically, the City has not utilized all items on this list every year, but needed to establish unit pricing so it is available as needs arise. Therefore, a not to exceed amount of $200,000 per year provides the flexibility for the City’svarious departments to utilize this contract for concrete repair work as issues arise. Sierra Range Construction has held the contract for the last 15 years. They are very capable, dependable and have an excellent performance history with the City; therefore, it is staff’s recommendation that Sierra Range Construction be awarded the contract.

Fiscal Impact:

Funding for these services is budgeted within the Street Maintenance operating budget (3124) in the amount of $70,000. While the total bid amount of $779,200 is much higher than the amount budgeted under this account, not all items of work will be performed every year, or necessarily in the quantities estimated. Additionally, some costs will be reimbursed through billing direct to property owners or approved property tax assessments. Ultimately, the unit prices for individual items of work will be utilized and billed accordingly for work that is performed. Staff will address any budget shortfall within the fiscal year if such occurs. This contract may also be used by other departments throughout the City. While work for other departments may be performed under this contract, each department would budget for those costs accordingly within their own operating budget.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award an annual contract for On-Call Concrete Repair/Replacement to Sierra Range Construction of Visalia, CA. for the not to exceed amount of $200,000, based on proposed unit pricing. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods upon mutually agreed upon terms.

Attachments:

RFB 22-23-37
RFB 22-23-37 Bid Results
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RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide) Page i

CITY OF VISALIA
REQUEST FOR BID (“RFB”)

RFB NO. 22-23-37

ANNUAL CONTRACT

ON-CALL CONCRETE REPAIR/REPLACEMENT
(CITYWIDE)

BIDS DUE NO LATER THAN 2:00 PM ON TUESDAY, APRIL 25, 2023

The City of Visalia expressly reserves the right to modi fy, or withdraw from, the p rocess initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, th e schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion.

No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

Advertisement Dates: March 28, 2023
April 4, 2023
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Annual Contract for On-Call Concrete Repair/Replacement (Citywide) Page ii

TABLE OF CONTENTS

I. DEFINITIONS .................................................................................................. 1

II. INTRODUCTION .............................................................................................. 1

III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS ......................... 2

IV. INSTRUCTIONS ............................................................................................... 5

V. SCOPE OF SERVICES/PROJECT ..................................................................... 5

VI. PRE-BID MEETINGS ........................................................................................ 6

VII. BID OPENING AND CONFIDENTIALITY ............................................................ 6

VIII. AWARD ........................................................................................................... 7

IX. PROTESTS/APPEALS ...................................................................................... 7

X. SPECIAL CONDITIONS .................................................................................... 8

XI. GENERAL CONDITIONS .................................................................................. 10

XII. POST AWARD RESPONSIBILITIES .................................................................. 13

EXHIBITS
A. BID FORM

B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Bidder’s Statement on Previous Contracts Subject to EEO Clauses B-2. Equal Employment Opportunity Compliance Certificate B-3. Certificate of Non-segregated Facilities
B-4. Non-Collusion Affidavit
B-5. Worker’s Compensation Insurance Certificate
B-6. Anti-Kickback Compliance Certificate
B-7. Americans with Disabilities Act Compliance Certificate B-8. Ownership Disclosure
B-9. Drug-Free Workplace Certificate
B-10. Iran Contracting Act Certification
B-11. Clean Air and Water Pollution Control Certification

C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS

D. ADDITIONAL ATTACHMENTS
D-1. State of California Prevailing Wage Determinations D-2. Engineering Improvement Standards Pertaining to this Project D-3. Concrete Grinding Specs
D-4. COV Labor Compliance Manual

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Annual Contract for On-Call Concrete Repair/Replacement (Citywide)

I. DEFINITIONS

For the purposes of RFB NO. 22-23-37, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the perso n, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal ” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.

5. “RFB” means Request for Bid No. 22-23-37.

II. INTRODUCTION

The City of Visalia Purchasing Division is soliciting Bids for an annual contract for on-call services as needed to provide concrete repair and replacement work on City -owned or right-of-way properties.

The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid u pon receipt of the City’s Notice to Proceed. No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of Chapter 9 of Division of 3 of the State of California Business Professions Code. This project requires the Contractor to have a Class A, Class B or Class C-8 license to perform all aspects of the work.

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) co nsecutive one- year periods. Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

Under the requirements of Labor Code section 1782 passed by SB7 and in compliance wi th City of Visalia Ordinance 2014 -13, this public works project is subject to (Federal or State) prevailing wages as sp ecified in the specifications. See Section III for additional Department of Industrial Relations Requirements which apply to this project.

The City hereby affirmativ ely ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religious creed, color, national origi n, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

Executive Order N -6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Rus sian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U. S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a targ et of Economic Sanctions.

Should the State determine Contractor is a tar get of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid /proposal any tim e prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State

Bid documents, forms and Specifications may be obtained free of charge at the Purchasing Division, 707 W. Acequia Street, Visalia, California, or by calling (559) 713 -4334, or emailing your request to [email protected].

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III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements

Notice is hereby given that this contract is considered a public works contract and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR). Awarded Contr actor is required to furnish ele ctronic payroll records for new projects to the Labor Commissioner.

No contract will be awarded unless that contractor and/or subcontractors are registe red with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors may be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid pro posal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 17 25.5. It is not a violation of this section for an unregistered contractor to submit a bid that is a uthorized by S ection 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a pre -hire collective bargaining agreement tha t establis hes terms and conditions of employment for a specific construction project or pro jects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requiremen ts are to be included in all City of Visalia public work contracts that require the paymen t of preva iling wages in accordance with California Labor Code (CLC). This RFB document bec omes a par t of the publi c works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.

❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform pu blic work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia.

Proof of registration for each contractor and subcontractor listed on the bid is required.

❑ As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Depart ment of In dustrial Relations.

❑ As set forth in CLC section 1771.4(a)(2), the prime c ontractor is requi red by the Ci ty of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Departme nt of Labo r website at:
http://www.dir.ca.gov/wpnodb.html .

❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a min imum 3-year period to begin on the date a Notice of Completion is filed for the project. Ple ase refer to the retent ion period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

❑ In accordance with CLC section 1773.2, the co ntractor is required, by the City of Visalia , to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft , classification, or type of worker needed to execute the contract at each job site.

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❑ In acc ordance wi th labor code section 1776 and it s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall:

o Maintain and furnish directly to the Labor Commissioner, bi -weekly, a certifi ed copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.

o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non -compliance as detailed in labor code section 1776.

o Inform the City of Visalia of the location of the payroll records kept in complian ce with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.
❑ The City of Visalia will comply with any p revailing wage monitoring and enforcement activities required by the labor compliance program s of the D epartment of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable pena lties as directed by the Department of Labor Standards Enforcement in accordance with CLC sec tion 1727( a). Any amo unt withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to ju dicial rev iew in accordance with CLC section 1742(f).

❑ As set forth in labor code section 177 5(b), the following su bcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:

o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sec tions 1771 , 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.

o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi -weekly, a certified copy of each weekly payroll as specified in section 1776 containing a stateme nt of comp liance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.

o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcon tractor to the employees, by periodic review of the certified payroll records of the subcontractor.

o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the sub contractor for work performed on the public works project.

o As set forth in CLC section 1775( b)(4), pri or to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under pen alty of pe rjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retent ion to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

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❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award i nformation to an applicable apprenticeship program that can supply apprentices to the site of the public work.

❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standard s (DAP) and party to written apprentice agreements under CLC section 3070 -3098 may be employe d at the a pprentice wage rate on public works.

❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more sha ll employ the number of apprentices or the ratio of apprentices to journeymen stipulated in t he applica ble apprenti ceship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

❑ The p rime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or t o contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).

❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalt ies assessed f or violations of section 1777.5 if they have complied with the follow ing requirements:

o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the pro visions of sec tion 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code secti ons must b e included within or as attachments to the contract.

o The contractor shall continually monitor a subcontractor ’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.

o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the cont ractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.

o Prior to making a final payment to the sub contractor for work performed on the public works project, the contractor shall obtain a decl aration, signed under penalty of perjury, from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.

❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made o n the contract by the City of Visalia.

Contract inclusion and/or attachments : The followi ng item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

❑ As set fo rth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevai ling rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to exe cute the c ontract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself. 170
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Ten (10) days before the closing date of the bid, the project manager will review the prevailing wage rates included i n any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage dete rminations made by the director of industrial relations for journeyman and apprentices may be found at:

http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp

IV. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291

From: Bidders Name & Mailing Address

Marked: Annual Contract for On-Call Concrete Repair/Replacement (Citywide) RFB NO. 22-23-37

4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the seal ed Bid. City will not consider Bids which are not accompanied by the required completed forms.

5. Inquiries: Instructions to V endor, Spe cifications and Bid Forms may be inspected and obtained by visiting our web site at visaliapurchasing.org, by calling (559) 713 - 4334, or by FAX (559) 713 -4802. However, to prevent misinterpretati ons, the Purchasing Division would pre fer that all questions be sent by email to [email protected].

Questions regarding this RFB must be received no later than April 19, 2023.

V. SCOPE OF SERVICES/PROJECT

Background: The City of Vi salia would like to establish a contract with a Contractor for on -call services as neede d to provide concrete work on City -owned or Right -of-Way properties, including, but not limited to curb and gutter repairs, sidewalks, sidewalk grinding, ramps, drive app roaches and bus pads. Additionally, the City of Visalia is periodically contacted by pro perty owners seeking concrete work in the Right -of-Way adjacent to their property frontage, including, but not limited to curb returns, sidewalks, ramps and drive approaches.

Contractor’s Responsibilities: Contractor shall provide all labor, t ools, materials and supervision to complete work as estimated and in a timely fashion. Once the City has provided the awarded contractor with a work ord er, contractor shall provide scope of work quantities to the Project Manager within fourteen (14) calendar days using the appropriate contracted Unit Bid Price . Upon approval of the scope of work, contractor shall complete the work within thirty (30) calendar days from Authorization to Proceed fro m Project Manager. All work to be done shall have prior approval of the City of Visalia. Contractor will also be responsible for obtaining and paying for any necessary permits, including t raffic control, that may be required by project and scheduling for inspections prior to beginning any work.

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On-Call Work consists of:
a. Demolition and removal of all concrete and debris which should be properly disposed of at the contractor’s expense.
b. Correct any condi tion contr ibuting to damaging the concrete (settled, raised, etc.). If damage is caused by a tree or other obstruction that the contractor cannot correct , contractor shall work with City staff to correct the condition before replacing the concrete.
c. Forming, pouring and finishing the concrete, with prior inspection in accordance with all applicable City of Visalia construction and building codes, Improvemen t Standards and Standard Specifications. (Exhibit D-2)
d. Removal of forms and property cleanup to the City’s satisfaction.

After work is satisfactorily completed, the contractor shall invoice the City , or in some cases the property owner within thirty (30) days of job completion.

All safety practices shall be followed according to OSHA standards. Contractor shall be responsible for clea nup and disposal of all material around site area on a daily basis. All work shall be commensurate with the highest professional standards and shall be performed with t he publ ic’s safety in mind by a licensed contractor.

VI. PRE-BID AND BID MEETINGS

1. Mandatory Pre-Bid Meeting. Two mandatory pre-Bid meetings will be held at 707 W.

Acequia Ave., Visalia, CA. and have been scheduled as follows:

Tuesday, April 11, 2023 @ 10:00 a.m.

Thursday, April 13, 2023 @ 10:00 a.m.

Attendance at one of these meeting is required to submit a Bid in response to this RFB.

Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the sta rt of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.

City Project Manager: Wyndi Ferguson
Department: Public Works

VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publ icly in the presence of attendees, if any, on Tuesday, April 25, 2023 at 2:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid sh all be o pen to public inspection at the Bid opening and after an award decision has b een made. Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of a ll Bid records. The City will not expend public fun ds defending claims for access to , inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.

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After the award, the City intends that its selection process will be open and public.

Respondents are advised that the California Public Records Ac t (“PRA”) provides that any person may inspect or be provided a copy of any identifia ble public record or document that is not exempted from disclosure by the express provisions of the Act.

The Federal Freedom of Information Act (“FOIA”) contains a simila r provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or F OIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Con fidential” shall constitute a waiver of Bidder’s right to object to the release of su ch information upon request under either Act.

VIII. AWARD

1. Most Responsive, Responsible Bidder . A Contract (substantially similar to that attached hereto as Exhibit “C ” with A ttachments 1 -2) shall be awarded with reasonable promp tness by appropriate wr itten notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other fac tors considered, and whose Bid is determined to result in the optimum economic advant age to the C ity. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of t he material terms, for example, price, quantity, quality and delivery, of thi s RFB. Contractor must return a signed copy of the contract provided by the City with its A ward Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Ri ghts. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.

IX. PROTESTS/APPEALS

Because it is essential that Bidders have confidence in the pr ocurement procedures fo r soli citing and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggri eved in co nnection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should h ave reasonably known, or could reasonably be expecte d to know of the facts giv ing rise thereto; and

2. Should ident ify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement cont ext, conflict of interest in the rating process and inappropr iate or un fair competitive procur ement grievance regarding the Bid process.

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provide d to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

4. Further levels of appeal may be made in accord ance with the appeals provision contained in Chapter 5 of the C ity’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

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X. SPECIAL CONDITIONS

1. Project Administrative Issues

a. Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and se rvices necessary to fulfill the requirements of this RFB. It i s the intent of this RFB and related agreement to describe a functionally complete project.

b. Quantities/Change Orders. The City reserves and shall have the right to make such changes to t he work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decre ase the originally awarded contract quantities and/or total con tract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.

If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.

Changes shall not invalidate t he contrac t nor release the sur ety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Excessive altered work sha ll be cove red by supplemental a greement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requir es a sup plemental agreement, the City reserves the ri ght to terminate the contract w ith respect to the item and to make other arrangements for its completion.

c. Omitted Items. Project Manager is authorized to omit minor contract items.

Major items must be omitted by supplemental agreement.

d. Extra Work . Contractor is prohibited fro m doing extra work, unless authorized by the Project Manager Payment for approved Extra Work shall be as agreed to in writing.

e. Removal of Obstructions . Contractor shall r emove an d dispose of all structures, debris or other obstructions of any character r equired for completion of the project. Any temporarily removed or relocated items shall be replaced.

f. Clean Up. Prior to acceptance and final payment, Contractor shall c lean up the site of work, and any areas occupied by Contractor in connection with the project. The site shall be left in a condition equal to or better than it was prior to beginning the project.

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g. Control of Worksite . Contractor is responsible for work site saf ety and for preventing damage to improvement s. Worksites must be barricaded or fenced to prevent hazards to the traveling public. Contractor is responsible for vandalism or damage at the worksite that occurs while the worksite is under their contro l. The c ontractor shall secure the worksite until al l concrete improvements have cur ed to a state that prevents the improvements from easily being damaged by vandalism, vehicles or pedestrians.

2. City-Contractor Relations

a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work p erformance, rate of progress of work, interpretation of drawin gs and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.

b. Contractor/Contractor’s Superi ntendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent.

c. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for , all damage to existing structures, including, but not limited to, sewe rs, water service, drains and culverts, underground utilities and the like.

(2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be respons ible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility.
iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so. Water hose outlets at 300 E. Acequia and 222 W.

Acequia may be accessed for these services.

d. Signs, Barricades, and Notice . Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.

e. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day practice.

(2) Qualification. Contractor shall ensure that each employee who works on this p roject is qualified to perform their assigned duty in a safe manner.

f. Control of Materials:

Manufacturer’s Directions : Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and condi tioned as directed by the manufacturer.

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g. Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.

3. Legal Responsibilities.

a. It is the responsibility of Contractor to comply with all lo cal, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compl iance with the Occupational Safety and Health Act, and C alifornia Health and Safety Codes.

Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicab le labor laws and ensure against discrimination.

b. Firearms Prohib ited: Guns may not be carried by
contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consul tant is ca ught carrying a gun, without City permission, their contract will be terminated.

XI. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expect ed to be equal opportunity employers.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individ uals and/o r entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disa bility, medical condition, genetic information, marital status, ge nder, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on th e basi s of disability, b e excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.

Bidder shall provide to the City a list of all instances wi thin the last ten (10) years where a compl aint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A descriptio n of t he status or resol ution of that complaint, including any remedial action taken is required.

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be subm itted on o r before the Closing Date. Any Bids received after the Closing D ate shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.

5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

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6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.

7. Prices submitted are considered accura te for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

8. All Bids are the property of the City after submission.

9. City is not responsible for Bid errors and omissions.

10. Bids should be prepared in a straightforward, concise manne r. Information provided which was not specifically requested will be considered only in City’s discretion.

11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

13. Prior to conducting busine ss in the City, a business tax certificate (license) must be obtained. Call 559-713-4326 for more information.

14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.

15. Bidder shall main tain all personnel files and pay roll recor ds for employees used to implement the proposed contract.

16. Bidder shall withhold, pay and report all taxes and issue W -2 forms at the end of each calendar year for employees used to implement the proposed contract.

17. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

18. The City may make such investigation o f the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual an d busi ness associations and practices, employment histories and reputation.

19. All California agencies may p urchase off the Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.

20. Each Bidder will be req uired to submit Certifications, Affidavit s, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

21. The quantities given on the Bid Proposal form and any related co ntract documents are estimates only. They are give n as a basis fo r comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work, or to omit porti on of the work, as the City deems necessary or advisable, at Unit Bid prices.

22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, require ments, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investiga ted, a nd is satisfied a s to the 177
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conditions encountered, as to the character, quality, and quantities of wo rk to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made be cause of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the compl ete Bid Form (Exhibit “A”) .

Contractor may be required to submit Bids on alternate items. The City reserves the right to award the contract based on the lowest combination or combinations of Bid items and alternate Bid items. In case of a discrepancy between unit price and total, the unit price shall prevail.

24. No mention shall be made in the Bid of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxe s, which m ay be applicable.

25. Only one Bid may be submitted as a “ Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub -Bids to o ther competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested.

A C ontractor who is not submitting a Bid as a Prime C ontractor may submit any number of sub-Bids to competing Prime Contractors.

26. The City of Visalia is not liable for any costs in curred by Bidder in responding to this Request for Bid.

27. The annual contract resulting from this invitation to bid will be administered by the Public Works Department. H owever, the City’s Purchasing Division shall be the fina l judge co ncerning issues or m atters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.

28. The initial contract term shall be for a twelve (12) mont h p eriod and shall, at the City’s option and with the consent of the CONTRACTOR , be e xtended annually thereafter for four (4) consecutive one-year periods. Contract shall begin no later than 15 days from the receipt of annual contract.

29. All prices quoted in re sponse to this Invitation to Bid shall be firm and fixed for twelve (12) mont hs from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustme nt feature is hereby incorporated into the specification s. Prices bid by vendor ma y be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsi bility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted in writing to the Project Manager according to th e following timeframe: At least thirty (30) calendar da ys prior to the annual an niversary date of the agreement but not more than ninety (90) days prior to the annual anniversary date. Requests filed outside of this time-period will not be considered.

The uni t prices for the ensuing contracts shall be based on the mov ement of the unadjusted figures of the U.S. Departmen t of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI -U All Cities Ave rage). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period. In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for 178
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the subsequent contra ct yea r. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

30. This contract may be terminated without cause by the City, in whole or i n part, by giving the Contractor fifteen (15) days wri tten n otice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contr act, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole o r in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.

Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.

Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

XII. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1 -2 must be entered into between the City and the Contractor to who m the project is awarded. The Agreement forms the basis for the contractual obligation between the par ties regarding the project. A contract will be provid ed with the Notice of Award and must be executed and returned to C ity within ten (10) working days of the date of award notification unless otherwise agreed.

2. Post-Award Responsibilities. Upon executio n of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

3. State Requirements. Contractor must comply with California Labor Code and California Public Contract Code.

4. Insurance. Con tractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C” , Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.

5. Required Bonds: NONE

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required t o provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.

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