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
Monday, June 5, 2023 7:00 PM City Council Chambers
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
Public Works:
Ryan Gonzalez, Equipment Mechanic Trainee
Nathan Uhlenhopp, Senior Equipment Mechanic
Ryan Spohn, Mechanic/Welder
23-0210
2. Presentation of the 2023 Public Opinion Survey Results by the Citizens Advisory Committee.
23-0194
3. Receive, review, and discuss proposed new fees, increases, and adjustments to the City’s Rates and Fees Schedule for Fiscal Year 2023-24.
23-0091
4. Receive a staff presentation and provide feedback regarding the project Community Development Block Grant (CDBG) Americans with Disabilities Act (ADA) Tree Wells Project located on Main Street in downtown Visalia.
23-0169
5. Receive a presentation and update regarding the current state of the Valley Oaks Golf Course.
23-0216
1 City Council Meeting Agenda - Final June 5, 2023
6. Review and discuss the recently held inaugural Wings and Wheels Car and Plane show held at Visalia Municipal Airport.
23-0215
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
PUBLIC COMMENTS
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.
This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.
Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
1. Authorization to read ordinances by title only. 23-0189
2. Authorize City Manager to enter into an agreement with Cal-Water to provide construction and construction management services in the amount of $869,171, appropriate $140, 708 of additional Department of Water Resource (DWR) grant funds, appropriate $15,000 for staff indirect costs from the General Fund, and to enter into updated agreement with Self-Help Enterprises (SHE) to provide grant administrative services in the amount of $29,617. 22-0450
2 City Council Meeting Agenda - Final June 5, 2023
3. Request to authorize the City Manager to file Notice of Completion for Greenway Trail Phase 1. (Project Number
3010-72000/CP0298-999)
23-0104
4. Consider approval of the attached “Amendment to Declaration of Covenants, Conditions, Easements and Restrictions of the Willow Street Parking Structure”.
23-0172
5. Authorize the City Manager to execute a new sole source contract with The Papé Group Co. for service, repair, and parts for Kenworth trucks and John Deere construction equipment. This contract will be for one year, with 4 one-year optional renewals with a not to exceed amount of $75,000 per year, $375,000 over the life of the contract.
23-0183
6. Authorize the City Manager to award the contract for RFP 22-23-43 - Compost Services to both West Coast Sand and Gravel (dba Wood Industries), and USA Waste of California, Inc. for an annual amount of $537,075 and $739,225, respectively, for an initial three-year term, renewable for two additional one-year terms. 23-0190
7. Adopt Resolution No. 2023-20 to designate various road projects for Road Maintenance and Rehabilitation Account (RMRA) 2023/24 funding from the State of California Road Repair and Accountability Act of 2017 (Senate Bill SB1) and authorize the transfer of $3,400,000 within the SB1 RMRA (113) Fund from CP0290
Pavement Rehabilitation to the Capital Improvement Projects (CIP’s) outlined within this report.
23-0199
8. Adopt Resolution 2023-15 authorizing the City Manager, or their designee, to execute all documents, including but not limited to, applications for grants, agreements, amendments, requests for local assistance payment programs, and related authorizations for CalRecycle.
23-0202
9. Authorize the City Manager to execute a new sole source contract with Municipal Maintenance Equipment (MME) for service, repair, and parts for the City’s Vac-Con equipment. This contract will be for one year, with 4 one-year optional renewals with a not to exceed amount of $75,000 per year, $375,000 over the life of the contract.
23-0211
10. Authorization to execute annual service agreement with College of the Sequoias Training Resource Center for $75,000 for FY 2023/24 services.
23-0217
3 City Council Meeting Agenda - Final June 5, 2023
11. Authorize the City Manager to award Request for Bids (RFB) 22-23-47, an annual contract for Digester Cleaning at the Water Reclamation Facility (WRF) to Wastewater Solids Management Co. of Yachats, OR. for an annual not to exceed cost of $348,590 and appropriate an additional $101,590 from the Wastewater Fund. 23-0221
12. Authorization for the City Manager to award a not to exceed annual contract in the amount of $275,000 to VAL Security Services from Vallejo, CA for guard staffing services at various City Facilities (RFB 22-23-35).
23-0223
13. Accept the City of Visalia Cash and Investment Report for the third quarter of the fiscal year which consists of months January, February, and March of 2023.
23-0230
14. Approve Resolution Number 2023-21 adopting the City of Visalia's annually updated Investment Policy and delegating authority to invest funds for the City to the Finance Director/Treasurer for fiscal year 2023-24.
23-0231
15. Request authorization to record the final parcel map for Tentative Parcel Map No. 2023-02, located at the southwest corner of West Kibler Avenue and North Plaza Drive (APN: 077-120-017). 23-0234
16. Consider adoption of Resolution 2023-19 requesting to participate in the Department of Water Resources Temporary Flood Diversion Equipment & Recharge Enhancement Initiative and appropriate $560,000 to be fully reimbursed by The Department of Water Resources.
23-0224
REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.
1. Public Hearing and Adoption of Resolution 2023-17 which allows the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for Curb and Gutter, Sewer Connection, Deferred Impact Fees, Property and Business Improvement District, Northeast Improvement District, Landscape and Lighting Maintenance District, Landscape and Lighting Parks Construction, Open Space Assessment District, Orchard Walk East/West Utility Assessment District, Laura and Atwood Water Main Assessment District, Delinquent Utilities, Code Enforcement, and Weed & Lot Abatement.
23-0208
4 City Council Meeting Agenda - Final June 5, 2023
2. Conduct the first of two Public Hearings to amend the Measure N Spending Plan to appropriate $45,100 for the FY 2022/23 and $18,200 for FY 2023/24 to address cost increases related to patrol vehicle purchases and upfitting; and renew the five-year contract with Axon Enterprise Inc., totaling $1,738,749.49 and appropriate $128,112 for FY 2023/24.
23-0214
3. Receive, review, and discuss the completed drawing set portion of the in-progress Visalia Municipal Airport (VMA) Airport Layout Plan (ALP) prior to its submission to the Federal Aviation Administration (FAA).
23-0222
CLOSED SESSION REPORT
ADJOURNMENT
UPCOMING CITY COUNCIL MEETINGS
1. UPCOMING CITY COUNCIL MEETINGS:
Monday, June, 19, 2023 at 7:00 p.m. @ at 7:00 p.m. @ 707 W.
Acequia
Monday, July 17, 2023 at 7:00 p.m. @ at 7:00 p.m. @ 707 W.
Acequia
23-0239
5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0210 Agenda Date: 6/5/2023 Agenda #: 1.
Agenda Item Wording:
NEW EMPLOYEE INTRODUCTIONS
Public Works:
Ryan Gonzalez, Equipment Mechanic Trainee
Nathan Uhlenhopp, Senior Equipment Mechanic
Ryan Spohn, Mechanic/Welder
Visalia City Council Page 1 of 1 Printed on 6/2/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0194 Agenda Date: 6/5/2023 Agenda #: 2.
Agenda Item Wording:
Presentation of the 2023 Public Opinion Survey Results by the Citizens Advisory Committee.
Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number: Frank Ruiz, Chair, Citizens Advisory Committee, [email protected] Edward Jones, Sub-Committee Chair, Citizens Advisory Committee, [email protected] Luma Fahoum, Police Captain, (559) 713-4103, [email protected] Jason Serpa, Public Works Manager, (559) 713-4533, [email protected] Department Recommendation:
It is recommended that the City Council receive this presentation of the 2023 Public Opinion Survey results and provide comments and/or direction to the Citizens Advisory Committee or staff as appropriate.
Background Discussion:
Since the late 1970’s, the City has conducted some type of public opinion survey to gauge public satisfaction with City services. Initially, the survey was conducted via a calendar mail-in, and later a phone survey. Over time, that approach transitioned to in-person surveys being conducted in various locations throughout the City and then, commencing in 2017, a combination of in-person and online surveys were used. Since 2019, only online surveys have been used with the ability to pick up a paper survey at City locations. This year, with the help of a robust outreach plan and the City’s Communication Department, the survey was primarily conducted online, but other methods were also implemented. In-person surveys were available by physical copy and QR code at both City Hall locations and Administration if the public so desired. Several partners including the Chamber of Commerce, Visalia Unified School District, and the College of the Sequoias helped in getting the information out to different demographics, including younger individuals. In addition, at the request of Council, the CAC also conducted its first in-person survey outreach since 2018. The 2023 survey was opened to the public on February 24, 2023, and it was closed on April 14, 2023.
This year's Public Opinion Survey resulted in 1,100 responses. This result was less compared to the previous year of 1,318, but was still an average response when compared to the historical average since conducting the survey online. Even with a comprehensive outreach plan, the survey has historically struggled to achieve more than 1% of the City’s population to participate. With that, as statistics go, the information contained within the responses is valuable and can be attributed to the larger City population if the outreach is demographically and geographically successful.
Highlights: This year’s survey supported most of the long-term trends that have been present in the Visalia City Council Page 1 of 4 Printed on 6/2/2023
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File #: 23-0194 Agenda Date: 6/5/2023 Agenda #: 2.
past Public Opinion surveys for Visalia:
· 87% of respondents consider the Quality of Life in Visalia to be average or better. · 81% of respondents consider Safety in Visalia to be average or better. · 78% of respondents consider the Police Services in Visalia to be average or better. · 97% of respondents consider the Fire Services in Visalia to be average or better.
Please note that even though there were 1,100 individual respondents, most demographic questions did not have a requirement to answer if the respondent desired to not do so. The number of respondents shown in the demographics below may or may not reach 1,100 for each category.
Demographics for Survey Respondents:
· Gender
o Female 599
o Male 451
o Prefer not to say 29
o Non-binary/third gender 5
o Prefer to self-describe 3
· Age Groups
o 18-34 232
o 35-54 480
o 55 and over 376
· Household Income
o Less than $15,000 21
o $15,000 - $40,000 76
o $40,000 - $70,000 163
o $70,000 - $100,000 196
o $100,000 and over 478
o Decline to state 157
· Home Ownership
o Own 894
o Rent 151
o Other 53
· Residency
o Fewer than 2 years 39
o 2 to 5 years 90
o 6 to 10 years 127
o More than 10 years 804
· Disability or caretaker of disabled individual
o Yes - 151
o No - 944
This year, the race demographic survey question was changed to match national survey standards.
The revised questions and results were as follows:
· Are you of Hispanic, Latino, or Spanish origin?
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File #: 23-0194 Agenda Date: 6/5/2023 Agenda #: 2.
o Yes 285
o No 649
o No response 11
· How would you describe yourself?
o American Indian 19
o Asian 24
o Black/African American 4
o Native Hawaiian or Other Pacific Islander 2
o White 688
o Other 183
Note: most open-ended fill-in responses to “other” were Hispanic, European, or mixed-race responses.
New Question #1: “Should retail cannabis stores be permitted in the City of Visalia?” · Yes 511 (54%)
· No 432 (46%)
In 2020, a similar question regarding cannabis was asked about store-front retail marijuana businesses in Visalia. At that time, overall public opinion was split 49% - Yes, and 50% - No, with 1% - no opinion.
New Question #2: “What amenities, services, or programs should the City explore that are not currently available in Visalia?”
Since this question was an open-ended response, a word cloud was used to represent the responses in the presentation. Because this was open-ended, many responses listed homelessness, drugs and crime, that did not particularly speak of new programs or services. The most frequently mentioned answers are listed below in alphabetical order:
· Chick Fil-A
· Homeless and mental health services
· More Outdoor Events/activities
o Specific mentions: Outdoor exercise equipment, more trails connecting parks, outdoor dining, outdoor concerts, and open shopping areas.
· Trader Joes/Whole Foods
· Youth Programs Investment
o Specific mentions: Youth Theatre/Arts, programs for young teens and at-risk youth, and youth weekend recreation (not sports)
Fiscal Impact:
N/A
Visalia City Council Page 3 of 4 Printed on 6/2/2023
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File #: 23-0194 Agenda Date: 6/5/2023 Agenda #: 2.
Prior Council Action: City Council reviewed and recommended changes to the survey questions on January 17 and February 6, 2023. City Council annually receives this report from the CAC. Council last received this presentation on July 18, 2022.
Other: N/A
Alternatives: None recommended.
Recommended Motion (and Alternative Motions if expected):
I move to receive the report from the Citizens Advisory Committee regarding the 2022 Public Opinion Survey.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 2022 Public Opinion Survey Presentation 2022 Public Opinion Survey - English 2022 Public Opinion Survey - Spanish
Visalia City Council Page 4 of 4 Printed on 6/2/2023
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City of Visalia
2023 Public Opinion Survey
City Council Meeting,
June 5, 2023 1
11 • Chair: Frank Ruiz
• Sub-Committee Chair Ed Jones
• Volunteers: CAC Committee
Online Survey Conducted 2/24/2023 – 4/14/2023
2 12
Background: Quadrants
In 2023 – 1,100 surveys received
In 2022 – 1,318 surveys received
In 2021 – 3,201 surveys received
In 2020 – 777 surveys received
3 Northeast
18%
22%
Southeast
34%
Northwest
26%
Southwest
Northeast Southeast Northwest Southwest
13 Background: Quadrants
4 26%
18%
23% 35%
27% 22%
23% 26%
14 Survey Demographics
Who responded to the Survey?
Where they live & how long have they been here?
5 0%
20%
40%
60%
80%
100%
2023 2022 2021
Are you a registered voter?
Yes
No
0%
20%
40%
60%
80%
100%
<2 2-5 6-10 10+
How long have you lived in
Visalia?
2023
2022
2021
0%
20%
40%
60%
80%
100%
2023 2022 2021
Do you own or rent your home?
Own
Rent
Other
15 Age History of Respondents
6 13%
15%
21%
42%
58%
44% 45%
27%
35%
0%
10%
20%
30%
40%
50%
60%
70%
2021 2022 2023
Number of Respondents per Year by Age
18-34
35-54
55+
16 Preferred Method of Communication
Which social media platform do
you primarily use?
Which would be the best source for
you to access City information?
7 Social
Media
City
Website
Mail (Postal
Service)
Email
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
2023
2022
0%
10%
20%
30%
40%
50%
60%
70%
2023
2022
17 Quality Of Life
Taking all things into consideration, how would you rate the overall quality of life in Visalia?
•87% of citizens view the quality of life as being average to very high compared to 87% in 2022 and 89% in 2021.
8 3%
10%
48%
34%
5%
2%
11%
48%
34%
5%
2%
9%
49%
35%
5%
0%
10%
20%
30%
40%
50%
60%
Very Low Low Average High Very High
2023
2022
2021
18 Quality Of Life – Cross Tabulation by Age
Taking all things into consideration, how would you rate the overall quality of life in Visalia?
9 5%
12%
53%
27%
3%
3%
12%
51%
30%
5%
1%
6%
43% 44%
7%
0%
10%
20%
30%
40%
50%
60%
Very Low Low Average High Very High
Quality of Life by Age Demographic
18-34
35-54
55+
19 Quality Of Life – Cross Tabulation by Income
Taking all things into consideration, how would you rate the overall quality of life in Visalia?
10 9% 8%
58%
21%
4% 3%
13%
53%
26%
4%
1%
9%
52%
33%
5%
1%
10%
45%
39%
5%
0%
10%
20%
30%
40%
50%
60%
70%
Very Low Low Average High Very High
Quality of Life by Income Level
$15K-$40K
$40K-$70K
$70K-$100K
$100K+
20 Quality Of Life – Cross Tabulation by Quadrant
Taking all things into consideration, how would you rate the overall quality of life in Visalia?
11 4%
14%
50%
27%
5%
2%
11%
51%
32%
3% 3%
8%
44%
37%
8%
2%
10%
49%
36%
4%
0%
10%
20%
30%
40%
50%
60%
Very Low Low Average High Very High
Northeast
Southeast
Northwest
Southwest
21 Quality Of Life – Insight
• Older citizens rated their quality of life higher,
especially when compared to the youngest
demographic
• The income statistics show that as income increased,
so did the quality-of-life responses, except for the
lowest income range which predominantly rated the
quality of life as average.
• When it came to quadrant comparison, this year the
chart showed a normal distribution with most
responses being average to high. The northwest
quadrant tended to rate High or Very High as
compared to other sections of the City. 12
22 How would you rate the City’s efforts in providing a safe community?
13 81% of respondents rated the Safety in Visalia as “average” or better as compared to 79% the previous year.
5%
13%
48%
27%
6% 6%
15%
48%
26%
4% 5%
12%
51%
28%
4%
0%
10%
20%
30%
40%
50%
60%
Very Low Low Average High Very High
2023 2022 2021
23 Safety Rating - Cross Tabulation by City Quadrant
How would you rate the City’s efforts in providing a safe community?
14 7%
19%
50%
20%
4% 5%
18%
50%
23%
5% 6%
12%
46%
29%
8%
6%
9%
49%
32%
4%
0%
10%
20%
30%
40%
50%
60%
Very Low Low Average High Very High
Safety Rating by City Quadrant
Northeast
Southeast
Northwest
Southwest
24 Safety Rating - Cross Tabulation by Income
How would you rate the City’s efforts in providing a safe community?
15 8%
14%
56%
17%
4%
10%
17%
48%
20%
4% 3%
14%
50%
31%
2% 3%
10%
46%
31%
10%
0%
10%
20%
30%
40%
50%
60%
Very Low Low Average High Very High
Safety Rating by Income level
$15K-$40K
$40K-$70K
$70K-$100K
$100K+
25 • Comparing year to year, all parts of the City had
responses that were evenly distributed and stayed
relatively the same.
• By City quadrant, the East side of the City had an
even distribution of responses where 50% rated
average and an equal number of responses landed
on either side. The West side of the City tended to
rate safety higher than average.
• Respondents with higher income levels rated the
Safety rating as “average” to “high.”
• This year, 21% of the lowest income group rated the
City’s safety High or Very high, as compared to only
11% the previous year. 16
26 Police Services
How would you rate the police service you received?
Of the 34% of respondents that had police contact:
55% rated police services Good or Excellent, compared to 61% previous year 17 9%
12%
23%
28%
27%
7%
9%
23%
32%
29%
6%
10%
25%
31%
28%
0%
5%
10%
15%
20%
25%
30%
35%
Very Poor Poor Average Good Excellent
2023
2022
2021
27 Police Services by City Quadrant
How would you rate the police service you received?
Of the 34% of respondents that had police contact:
18 0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
Very Poor Poor Average Good Excellent
Northeast
Southeast
Northwest
Southwest
Poly. (Northeast)
Poly. (Southeast)
Poly. (Northwest)
Poly. (Southwest)
28 Police Services Takeaways
19 • As it has in previous years, police services has
rated average to very high. This year, a small
uptick in the poor responses took away from the
higher ratings.
• Compared to the previous year, the Southeast
section of town rated police services more
favorably, while the northeast rated less
favorably.
• The trendlines also showed unity in the way
police services were rated as all quadrants of the
City tended to respond from average to good.
29 Fire Services
How would you rate the fire service you received?
Of the 13% of respondents that had Fire contact:
84% rated fire services Good or Excellent compared to 88% previous year 20 1% 1%
13%
24%
60%
1% 2%
9%
25%
63%
3% 3%
15%
32%
46%
0%
10%
20%
30%
40%
50%
60%
70%
Very Poor Poor Average Good Excellent
2023
2022
2021
30 Fire Services by City Quadrant
How would you rate the fire service you received?
Of the 13% of respondents that had Fire contact:
21 -10%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Very Poor Poor Average Good Excellent
Northeast
Southeast
Northwest
Southwest
Poly. (Northeast)
Poly. (Southeast)
Poly. (Northwest)
Poly. (Southwest)
31 • Fire services continued to rate good to excellent
across the city.
• Fire services did not receive more than 5%
response in any Poor category from any City
quadrant.
22 32
Quality of Services
What do you consider the most essential City services
besides Police and Fire departments?
23 57%
9%
16%
6%
12%
47%
12%
17%
13%
10%
52%
11%
18%
8%
11%
0% 10% 20% 30% 40% 50% 60%
Road Maintenance
Park Maintenance
Traffic Signs & Signals
Recreation Activities
Other
2021
2022
2023
33 Quality of Services – Age Comparison
24 60%
16%
14%
10%
Ages 18-34 - 2023
Road Mtc.
Park Mtc.
Traffic Mtc.
Recreation
64%
10%
16%
10%
Ages 35-54 - 2023
Road Mtc.
Park Mtc.
Traffic Mtc.
Recreation
43%
21%
20%
16%
Ages 18-34 - 2022
Road Mtc.
Park Mtc.
Traffic Signals
Recreation
14% 50%
18%
18%
Ages 35-54 - 2022
Road Mtc.
Park Mtc.
Traffic Signals
Recreation
34 Quality of Services – Age Comparison
25 68% 6%
23%
3%
Ages 55+ - 2023
Road Mtc.
Park Mtc.
Traffic Mtc.
Recreation
59%
10%
21%
10%
Ages 55+ - 2022
Road Mtc.
Park Mtc.
Traffic Signals
Recreation
35 Quality of Other Services Takeaways
• Road Maintenance is understandably on the minds
of citizens as major road work throughout the City
has started this year.
• Those that responded “Other,” primarily mentioned
homelessness and mental health programs.
• Some other responses were related to alternate
transportation regarding expanded bus routes,
public walkways and bike lanes.
• City attractions like local events, regional shopping, and beautification were also mentioned.
26 36
Open ended responses to Road
Maintenance suggestions:
• Respondents who considered road maintenance
as the most essential City service had open
ended responses that suggested:
• Expansion and improvement of existing roads.
• Repairing roads in older or less affluent parts of
the City.
• Adding bike lanes and trails, including those that
connected City parks.
27 37
City Venue Usage 2022
How many times have you attended the following Venues in the past year? 28 20%
52%
42%
5%
20%
34%
22%
13% 12%
6%
11%
14%
47%
4%
22%
67%
0%
10%
20%
30%
40%
50%
60%
70%
80%
City Parks Convention Center City Trails Downtown Visalia None
1 to 2 times
3 to 4 times
5 or more
38 City Venue Usage 2023
How many times have you attended the following Venues in the past year? 29 21%
50%
46%
5%
21%
39%
23%
11%
16%
9% 9%
14%
42%
3%
22%
70%
0%
10%
20%
30%
40%
50%
60%
70%
80%
City Parks Convention Center City Trails Downtown Visalia None
1 to 2 times
3 to 4 times
5 or more
39 How would you rate the following services in Visalia? Note: Some responses came back as “not observed.”
30 Fire Emergency Response
Police Emergency Response
Garbage & Recycling Collection
Convention Center
Bus Services
Recreational Activities
Park Maintenance
Animal Services
Street Lighting
Community Services for Seniors
Services for People w/ Disabilities
City Road Maintenance
Traffic Management
0% 20% 40% 60% 80% 100%
Above Average
Average
Below Average
40 Takeaways from City Services Ratings
• Services that were rated the highest were Police,
Fire, Convention Center, and Solid Waste Collection.
Recreational Activities and Park Maintenance also
received higher marks than average.
• Services that were rated mostly average were,
Animal Services, Bus Services, Community Services
for Seniors, Street Lighting, and Services for People
with Disabilities.
• City Road Maintenance and Traffic Management
were the only two categories that received a higher
number of “poor” responses versus “excellent.”
• Note: Animal Services was substituted for Private Ambulance this year since the City does not provide Ambulance Services. 31 41
Should retail Cannabis stores be permitted in the
City of Visalia?
New question 1:
32 Yes No
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
Should retail cannabis stores be permitted in the
City of Visalia?
Yes
No
42 Should retail Cannabis stores be permitted in the City of Visalia? New question 1:
33 68%
32%
56%
44% 44%
56%
0%
10%
20%
30%
40%
50%
60%
70%
80%
Yes No
Cannabis Retail by Age
18-34
35-54
55+
71%
29%
67%
33%
60%
40%
62%
38%
52% 48%
0%
20%
40%
60%
80%
Yes No
Cannabis Retail by Income
Less than $15k
$15K-$40K
$40K-$70K
$70K-$100K
$100K+
58%
42%
52% 48% 53%
47%
58%
42%
0%
10%
20%
30%
40%
50%
60%
70%
Yes No
Cannabis Retail by Quadrant
Northeast
Northwest
Southeast
Southwest
43 What amenities, services, or programs should the
City explore that are not currently available in
Visalia?
New question 2:
34 44
What amenities, services, or programs should the
City explore that are not currently available in
Visalia?
New question 2:
35 45
What amenities, services, or programs should the
City explore that are not currently available in
Visalia?
New question 2:
36 46
What is the most important thing that the
City of Visalia should be working on to
make Visalia better?
• Homelessness responses are still on the minds of
citizens when pertaining to suggested programs.
• Drug crime and gangs are also mentioned
frequently.
• Some other responses that came up often were
roads, traffic and safety.
• A new response that has increased this year are
those responses related to Housing and
Affordability.
37 47
Questions & Answers
38 48
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0091 Agenda Date: 6/5/2023 Agenda #: 3.
Agenda Item Wording:
Receive, review, and discuss proposed new fees, increases, and adjustments to the City’s Rates and Fees Schedule for Fiscal Year 2023-24.
Deadline for Action: 6/5/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Kari Williams 559-713-4298 Department Recommendation:
It is recommended that the City Council receive, review, and discuss the proposed new fees, increases, and adjustments to the City’s Rates and Fees Schedule for Fiscal Year 2023-24.
Background Discussion:
Annually all Fees, except Impact Fees and Business Tax, are reviewed for annual cost of living adjustments for the next fiscal year. City ordinances limit annual Impact Fee and Business Tax adjustments to specific CPI indices and are adjusted accordingly. Annual inflationary adjustments help Departments cover costs and lessen the burden on the General Fund so that the fund will be available to cover critical operations including public safety.
There will be two meetings to review the Rates and Fees for Fiscal Year 2023-24. The first meeting, on June 5, is for presentation and discussion only - to receive, review, and discuss the proposed changes to the City’s Rates and Fees Schedule. The second meeting, on June 19, is to conduct a public hearing and take action to adopt the City’s Rates and Fees Schedule for Fiscal Year 2023-24. If approved, the effective date is July 1 for all rates and fees, except for Impact Fees which require a 60-day notice, thus making the effective date for these fees August 19, 2023.
Fee increases are mainly based on established indexes. The City uses the California Consumer Price Index for All Urban Consumers (CCPI-U) as the basis for most fee adjustments. Impact Fees are required by City ordinance to use a building industry index known as the Engineering News Record Construction Cost Index (ENRCCI). In a like manner, City ordinance dictates that the Business Tax will be adjusted by the CPI using the US City Average for all items (USCPI-U) using the average for the last 3 years. Both Impact Fees and Business Taxes are adjusted annually as directed by ordinance. Each Index and the fee effective date are listed in Table 1: Proposed Index Period Changes.
CPI Rate FY
Time Effective 23-24
Period Date Rate Fee
C.C.P.I. - U.
Jan. - Dec. 2022 Jul 1, 2023 7.35% All Other Fees
E.N.R.C.C.I.
May 2022 - Apr. 2023 Aug 19, 2023 0.83% Impact Fees
U.S.C.P.I. - U.
Jan- Dec2022 800%
Table I
Proposed Index Period Changes
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CPI Rate FY
Time Effective 23-24
Period Date Rate Fee
C.C.P.I. - U.
Jan. - Dec. 2022 Jul 1, 2023 7.35% All Other Fees
E.N.R.C.C.I.
May 2022 - Apr. 2023 Aug 19, 2023 0.83% Impact Fees
U.S.C.P.I. - U.
Jan. - Dec. 2022 8.00%
Jan. - Dec. 2021 4.70%
Jan. - Dec. 2020 1.23%
Three Year Average Jul 1, 2023 4.64% Business Tax Fees
Table I
Proposed Index Period Changes
This report explains in detail the following fee changes:
• New Fees
• Fee Increases Exceeding CPI
• Adjusted Fees
• Existing Fees - Previously Not Listed in the Document • Deleted Fees
All existing rates and fees that are only increasing by CPI, ENRCCI (Impact Fees), and USCPI-U (Business Taxes) are not listed in the staff report. These rates and fees are listed in the Proposed Rates and Fees Document FY 2023-24 which is attached. For comparison purposes, the document includes the current year’s rates and fees.
Throughout the Rates and Fees Document there are times where some or all of the departments’ Rates and Fees are not increased for specific circumstances and reasons. The following are instances of when rates and fees might not be increased.
• Ordinance and Fees set by other Governmental Agencies - Some fees may require an ordinance change in order to change them as in the case of Code Enforcement Fees. Some fees may be set by other governmental agencies and therefore may not be changed as in the case of some Police Fees and the Passport Application Fee (located in General Government and Finance Fees). • Legal Requirements (Prop. 218 Fees) - Some fees may require the Department to go through a Prop. 218 notification process before they can be increased as in the case of Solid Waste and Sewer Fees. • Contracted - Some fees are based on contracted services charged at contracted prices and therefore, are not being increased as in the case of Street Improvement Fees, Banking Fees (return check charge, stop payments), and Convention Center Fees (contracted services, catering). • Minor Administrative Fees - Some fees are for minor administrative tasks that are minimal and/or rarely occur and are therefore not being increased as in the case of copy fees, payroll fees, and report fees.
• Department - Some fees are not being increased per the department’s recommendation. For instance, a department may want to remain competitive within their industry so an increase in fees may be detrimental to their business.
• In addition, a department may be holding off on increasing or changing fees and the basis on which their fees are determined. The Building Safety Division is a department that felt they needed such review and therefore have no changes in fees this year with the exception of the addition of new and Visalia City Council Page 2 of 11 Printed on 6/2/2023
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adjusted fees listed below.
For a seventh consecutive year, the Building Safety division has reviewed and completed an analysis of its fees and is not recommending a fee increase for permit fees for FY 2023-24 as the Building Safety Division continues to maintain a positive fund balance. The Building Safety division has recently hired an Assistant Director who will oversee the division. With the hire of the Assistant Director, the division will now look to issue an RFP for a consultant to conduct a comprehensive fee study. The comprehensive fee study will evaluate the current fee structure and determine if adjustments to the rates and fees are necessary. Any study will be done in coordination with the development community to determine which permit fees can be consolidated, removed, or edited. It is important to note that while fees have been frozen for many years, the Division is operating at optimum levels and is not in a budget deficit condition. As such, a comprehensive fee study is not anticipated to suggest excessive fee increases. In all cases, any future fee adjustments will ensure appropriate annual increases so as not to negatively impact the community.
NEW FEES
The following is a listing of proposed new fees beginning in the upcoming fiscal year, effective July 1, 2023. Note: The page numbers referenced for each fee refer to the page number in the Proposed Rates & Fees Document, which is attached.
Enterprise Fees - Solid Waste
A new fee for Replacement of Damaged/Burnt Cans/Bins for 30 and 40 yard bins (page 70) has been added.
These fees are the actual replacement cost to the City.
Replacement of Damaged/Burnt Bins FY 22-23 FY 23-24
30 Yard Bin Per Bin N/A $7,466.00
40 Yard Bin Per Bin N/A $9,761.00
Enterprise Fees - Building Safety Fund
New tiered fees for Commercial Power Wall System (aka battery storage) (page 50) have been added for plan check and inspection to include a tier for 1 to 2 systems and 3 to 6 systems. Plan check fees for commercial including a 1 to 2 power wall system is $121.00 and for a 3 to 6 power wall system is $181.50 and inspection fees for commercial including a 1 to 2 power wall system is $157.00 and for a 3 to 6 power wall system is $314.00. The 2022 CA Building Code expands upon the use of power wall systems into commercial applications. The new fees are consistent with the EV Charger system rates using the same fee structure methodology that Building Safety uses throughout their plan check and inspection fees while reflecting on the amount of time anticipated to be spent on the slightly larger commercial power wall systems.
Power Wall System (aka battery storage) FY 22-23 FY 23-24 Plan Check Fee:
Commercial - Including 1 to 2 N/A $ 121.00
Commercial - Including 3 to 6 N/A $ 181.50
Inspection Fee:
Commercial - Including 1 to 2 N/A $ 157.00
Commercial - Including 3 to 6 N/A $ 314.00
Enterprise Fees - Animal Services (Animal Control Fund) A new fee for 1st Return to Owner of Animal Licensed w/COV and Return to Owner - All Other (page 47) have been added. When animals are found running at large, Animal Control Officers (ACO) use license, chip, and collar tag information to return them to their owner(s) whenever possible rather than impounding them.
This keeps the animal out of the shelter and reduces the cost to the owner of getting their pet back. Shelter staff follow up with billing for unlicensed animals, and any citations issued. The City has not previously set or Visalia City Council Page 3 of 11 Printed on 6/2/2023
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staff follow up with billing for unlicensed animals, and any citations issued. The City has not previously set or charged a “return” fee however, each return takes an average of 45 minutes of an ACO’s time to accomplish.
This new $70.00 fee represents the cost to the City for 45 minutes of an ACO’s time to reflect the direct rate (salary and benefits) and the indirect rate (overhead costs). For animals properly licensed with the City of Visalia, this fee will be waived for the first return of each licensed animal and is limited to onetime per owner.
An overwhelming majority of stray animals are unlicensed, so the waiver of first returns for licensed animals will not represent a significant number at first. The purpose of waiving this fee for first licensed returns is to add value to animal licenses for Visalia citizen’s and encourage compliance with licensing laws.
FY 22-23 FY 23-24
1st Return to Owner of Animal Licensed w/COV N/A No Charge Return to Owner - All Other N/A $ 70.00
Enterprise Fees - Transit
New fees for VLINE Advertising - Buses (page 77) for the service have been added. The VLINE service started in November of 2016 and provides shuttle service from Visalia to Fresno and back. The shuttle is operated daily from 4:00am to 9:15pm and has stops at the Visalia Airport, Fresno Airport, Fresno State and the Fresno Courthouse (one of Fresno’s main transit transfer centers). Until recently, advertisements were only allowed on the Fixed Route and Dial-A-Ride buses. This was strategically done so that the VLINE service was solely advertised while on route. However, ridership has grown exponentially since the start of the service.
Therefore, as of July 1, 2023 it is recommended to give businesses, non-profits, etc., the opportunity to advertise their products and services on the VLINE buses. Due to the additional exposure market (Fresno, Hwy 99), these rates are higher than similar sized ads on the Fixed Route and DAR buses.
ADVERTISING - BUSES FY 22-23 FY 23-24
VLINE
1 Month Contract VLINE King N/A $ 623.00
VLINE Full King (no header) N/A $ 1,078.00
VLINE Queen N/A $ 533.00
VLINE Full Queen (no header) N/A $ 948.00
VLINE Interior Ad N/A $ 20.00
3 Month Contract VLINE King N/A $ 598.00
VLINE Full King (no header) N/A $ 1,042.00
VLINE Queen N/A $ 510.00
VLINE Full Queen (no header) N/A $ 919.00
VLINE Interior Ad N/A $ 20.00
6 Month Contract VLINE King N/A $ 577.00
VLINE Full King (no header) N/A $ 1,015.00
VLINE Queen N/A $ 496.00
VLINE Full Queen (no header) N/A $ 890.00
VLINE Interior Ad N/A $ 20.00
12 Month Contract VLINE King N/A $ 560.00
VLINE Full King (no header) N/A $ 986.00
VLINE Queen N/A $ 479.00
VLINE Full Queen (no header) N/A $ 865.00
VLINE Interior Ad N/A $ 20.00
Parks and Recreation - (General Fund)
New fees for Picnic Areas, Park Athletic Courts & Miscellaneous Facilities have been added to include; Special Event Alcohol Permit w/ Special Event Reservation, Special Event Use Permit w/required Facility Reservation, and Park Staff fee (page 24 & 26). The prior standard “Alcohol Permit” was used for rentals that were classified as Special Events. However, special events alcohol usage differs from a general arbor rental with alcohol permit, for example alcohol to be sold. For this reason, there is a new fee for the Special Event alcohol permit of $40.00. The Park Athletic Courts & Miscellaneous Facilities areas can be used to host special events, for example, skate competitions and pickleball tournaments. Park Staff fee is required Visalia City Council Page 4 of 11 Printed on 6/2/2023
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to host special events, for example, skate competitions and pickleball tournaments. Park Staff fee is required when staff must perform tasks specifically for the reservation, for example unlocking drop gate and marking irrigation for turf access.
Picnic Areas, Park Athletic Courts & Miscellaneous Facilities Additional Fees FY 22-23 FY 23-24
Special Event Alcohol Permit w/ Special Event Reservation - distribution or sale of alcohol at an event that has been determined to be a Special Event. Organizer must also obtain any required County or State permits. Excludes events held at Riverway Sports Park.
N/A $40.00
Special Event Use Permit w/ required Facility Reservation - use of facility open space for an event, rentals over capacity of an arbor space, and/or events open to the public.
N/A $32.00
Park Staff Fee - required when staff must perform tasks specifically for reservation e.g. unlocking drop gate, marking irrigation for turf access.
N/A $32.00
FEE INCREASES EXCEEDING CPI
Business Tax - (General Fund)
The annual increases, authorized by City ordinances, are based on the three-year average of the Consumer Price Index for All Urban Consumers (CPI-U) - U.S. City Average which is 4.64%. The following Business Tax Fees (pages 13-15) have been increased above the CPI due to rounding to the nearest dollar for cash handling purposes. The rate increases range from 4.66% to 5.00% and amounts over CPI range from $0.14 to $0.48.
FY 22-23 FY 23-24
Fixed Businesses/Professionals Per individual prof. participating within the entity, max annual business tax
$254.00 $266.00
Fixed Businesses/Retail-Landlords Per entity, maximum annual business tax $1,908.00 $1,997.00 State Licensed Contractors Per State Licensed General Contractor $211.00 $221.00 State Licensed Contractors Per State Licensed Sub-Contractor $120.00 $126.00 Delivery (and Pick Up) Vehicles Per Vehicle, Per Year - For The First Vehicle $162.00 $170.00 Cultural Performance Per Month $622.00 $651.00
Enterprise Fees - Airport
The fees for Overnight Parking Single/Twin/Jet (page 46) is recommended to be increased above the CPI due to the fee not being increased in eleven years for Single and Twin and the last four years (since inception) for Jet. In order to bring the fees current, Staff is proposing to increase the fees ranging from $2.00 to $5.00.
This increase includes not only this year’s CPI increase but also the missed years of CPI increases, which is a combined total ranging from 20.00% to 42.86%. These fees are rounded to the nearest dollar for cash handling purposes.
FY 22-23 FY 23-24
Overnight Parking - Single Per Night $ 7.00 $ 10.00
Overnight Parking – Twin Per Night $ 10.00 $ 12.00
Overnight Parking - Jet Per Night $ 25.00 $ 30.00
The fees for West Side Ramp and Conference Room Rental Per Day/Half Day (page 46) have been increased above the CPI due to rounding to the nearest dollar for cash handling purposes. The rate increases range from 7.39% to 7.48% and amounts over CPI range from $0.06 to $0.14.
FY 22-23 FY 23-24
West Side Ramp Per Half Day $ 107.00 $ 115.00
Conference Room Rental Per Half Day $ 100.50 $ 108.00
Conference Room Rental Per Day $ 176.00 $ 189.00
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FY 22-23 FY 23-24
West Side Ramp Per Half Day $ 107.00 $ 115.00
Conference Room Rental Per Half Day $ 100.50 $ 108.00
Conference Room Rental Per Day $ 176.00 $ 189.00
Community Development - Engineering (General Fund)
The following Engineering fee (page 20) has been increased above the CPI. The Expedited Parking Lot Plan Check and Inspection Fee is calculated at 1.5 times the regular parking lot plan check and inspection fee rounding to the nearest cent. The rate increase is 16.67% and the amount over CPI is $0.01.
Expedited Parking Lot Plan Check and Inspection Fee: FY 22-23 FY 23-24 sq. ft. over 100,000 sq. ft. + $0.12 $0.14
ADJUSTED FEES
The following is a listing of proposed fees where fees have been adjusted by less than the annual CPI, have been reduced or increased to better reflect service and cost, or have increased or decreased based on the City’s historical MOU changes.
Community Development - Engineering (General Fund)
Special Services Fee/Inspections (page 20) has been adjusted to include the Direct Rate (Salary & Benefits) and the Indirect Rate for the per hour calculation to be charged for Special Services instead of listing fees by position/title. These fees are for requested for work such as preliminary engineering information, evaluation, calculations, overtime inspection, etc., for proposed development above and beyond the normal engineering services provided as part of the standard project review and inspection.
Special Services Fee/Inspections: FY 23-24
Direct Rate (Salary & Benefits) and Indirect Rate Per Hour Enterprise Fees - Building Safety Fund
The fees for fire plan check and inspection fees for Fire & Hood Suppression/Alarm System/Detection System (page 49) have been adjusted to create a proportionate scaling fee reflective of cost of service.
Scaling of 0 to 10,000 square feet decreased from $0.10 per square foot to $0.04 per square foot for fire plan check fees and from $0.16 per square foot to $0.06 per square foot for inspection fees. Scaling of 10,001 to 100,000 square feet decreased from $0.04 per square foot to $0.02 per square foot for fire plan check fees and from $0.10 per square foot to $0.04 per square foot for inspection fees. Scaling over 100,001 square feet decreased from $0.04 per square foot to $0.02 per square foot for inspection fees. There were no changes to the fire plan check fee for the over 100,01 square feet category.
FY 22-23 FY 23-24
Fire & Hood Suppression/Alarm System/Detection System 0 - 10,000 sq. ft Fire Plan Check Fee 0.10 0.04
Inspection Fee 0.16 0.06
Fire & Hood Suppression/Alarm System/Detection System 10,001 to 100,000 sq. ft Fire Plan Check Fee 0.04 0.02
Inspection Fee 0.10 0.04
Fire & Hood Suppression/Alarm System/Detection System Over 100,001 sq. ft Inspection Fee 0.04 0.02
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Parks and Recreation - (General Fund)
The Athletic Field Lights at Riverway Sports Park for Baseball and Softball (page 26) have been adjusted to better reflect the cost of service. These fees have not been increased in over 10 years.
Athletic Field Lights FY 22-23 FY 23-24
Riverway Sports Park - Baseball Per Hour $15.00 $19.00
Riverway Sports Park - Softball Per Hour $15.00 $22.00
Enterprise Fees - Animal Services (Animal Control Fund) The following Dog & Cat License Fees (page 47) have been adjusted to realign the fees to better reflect an established fee structure. There is no increase in the price of 1-year dog or cat license. The new fee structure includes a discount of 20% for each year paid for a 2-year or 3-year license. Due to the new established fee structure, some fees did not increase and some fees were increased or decreased. In future years if the 1- year animal license fees increases the established fee structure would be used to calculate the multi-year rates.
FY 22-23 FY 23-24 % Change Increase
Dogs: Altered Dog 1 Year License $18.00 $18.00 0.00%
2 Year License $26.00 $28.00 7.69%
3 Year License $39.00 $43.00 10.26%
Unaltered Dog 1 Year License $88.00 $88.00 0.00%
2 Year License $149.00 $140.00 -6.04%
3 Year License $196.00 $211.00 7.65%
Cats: Altered Cat 1 Year License $8.00 $8.00 0.00%
2 Year License $11.00 $12.00 9.09%
3 Year License $18.00 $19.00 5.56%
Unaltered Cat 1 Year License $28.00 $28.00 0.00%
2 Year License $41.00 $44.00 7.32%
3 Year License $61.00 $67.00 9.84%
The Cremation Fee & DOA Disposal Fee (page 47) have been adjusted to better reflect the cost of service.
The cost of cremation has increased mainly due to increases in the cost of natural gas, which is used by the City’s crematorium. These fees have also been increased to include maintenance of the crematorium, which underwent a full renovation in the 2022/23 fiscal year, and requires regular maintenance to ensure proper operation and extend the useful life. In addition to the costs driving this year’s increase, these fees include staff time and materials for the loading, operation, and cleaning of this equipment. The cremation fee also includes the return of ashes to the owner, which requires special attention and additional staff time and supplies.
FY 22-23 FY 23-24
Cremation Fee $88.00 $98.00
DOA Disposal Fee $46.00 $60.00
The Replacement Tag Fee (page 47) for lost or damaged license tags has been calculated based upon the cost of the replacement tag and the actual staff time spent to issue and record the new tag number. The actual cost has been determined to be $7, which is an increase of 40% from the former $5 fee.
FY 22-23 FY 23-24
Replacement Tag $5.00 $7.00
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Enterprise Fees - Transit
The following fees for Trolley/Bus rental (page 75) for City use and non-City use have been adjusted. The City Rate is calculated based upon the actual cost of operating a single bus for one hour, including Visalia Transit (VT) overhead and excluding VT cost not directly related to the provision of lease services (mainly marketing, advertising, and depreciation). The fee does include a small amount of depreciation based upon the estimated grant match needed for bus replacement since most VT’s bus purchases are grant funded. The Non-City Rate is calculated the same manner however it includes the full cost of vehicle replacement (depreciation). This difference is based upon the need to prevent passing the benefits of any capital grant funding received by the City through to private business entities. The fee for Rentals that exceed Visalia Transit General service hours and result in additional expenses - a surcharge will apply to the General Rate - Per Hour has been adjusted to reflect the current rate the City pays our contractor, rounded to the nearest dollar.
TROLLEY/BUS FY 22-23 FY 23-24
City Rate - Per Hour $ 97.54 $ 118.03
Non City Rate - Per Hour $ 114.07 $ 134.61
Rentals that exceed Visalia Transit general service hours and result in additional expenses-a surcharge will apply to the General Rate-Per Hour $ 30.00 $ 40.00
The EV Chargers fee (page 77) has been adjusted to clarify the language of the fee. Previously, the fee was $0.45 per kwh, or actual cost whichever is higher. Unfortunately, the fee does not recover the cost of offering the EV chargers due to repair and maintenance of the chargers. To remain within industry standards the fee will be reviewed quarterly and adjusted based on average cost plus $0.25 to help recover some but not all costs.
FY 23-24
EV Chargers
The charge fee per KWH is based on actual cost plus $0.25, to help recover costs.
Bargaining Unit MOU Changes - The following hourly rates are associated with a specific job position and have been adjusted based on historical salary and benefit increases and budget assumptions for the next budget year.
Enterprise Fees - Solid Waste
Special Haul Service/Special Billing Service, fees for Full Time Employee Labor and Full Time Employee Overtime Labor (page 69) have been adjusted to reflect the direct rate (salary and benefits). The hourly fee is $53.27, and the overtime rate is calculated at time and a half which is $79.91. The hourly fee of $9.98 for the Vehicle Time has been adjusted to reflect the cost calculation for one hour of time based on fuel costs, parts/labor, and depreciation.
Special Haul Service/Special Billing Service: FY 22-23 FY 23-24 Full Time Employee Labor Per Hour $53.56 $53.27
Vehicle Time Per Hour $8.22 $9.98
Full Time Employee Overtime Labor Per Hour $80.34 $79.91 Replacement Cost of Miscellaneous Items, fees for Commercial Bin Lid Replacement for one and two lids (page 70) have been adjusted to $36.32 and $72.64. Fees reflect a base rate of $23.00 and $46.00 and include 15 min for one lid and 30 min for two lids of the Full Time Employee Labor fee listed on page 69.
Replacement Cost of Miscellaneous Items (Including Staff Time): FY 22-23 FY 23-24 Commercial Bin Lid Replacement $33.39 $36.32
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Replacement Cost of Miscellaneous Items (Including Staff Time): FY 22-23 FY 23-24 Commercial Bin Lid Replacement $33.39 $36.32
Commercial Bin Lid Replacement - Two Lids $66.78 $72.64
EXISTING FEES - PREVIOUSLY NOT LISTED IN THE DOCUMENT
Finance - General Government and Finance (General Fund) The fee for Visalia Tourism Marketing District Tax (page 11) is a current fee charged but not listed in the document. The fee of 2% per room night is collected by the City of Visalia and passed through to Visalia Tourism Marketing District. The City retains 1% of their fee to cover costs of collection and administration.
FY 22-23 FY 23-24
Visalia Tourism Marketing District Tax (Pass Through) 2% 2% Enterprise Fees - Convention Center
The equipment rental fee for VCR or DVD and 86” monitor (page 60) is a current fee being charged but is not listed in the document. In Fiscal Year 2022-23 an 86” monitor was purchased and added to the list of available equipment for rental.
EQUIPMENT RENTAL: FY 22-23 FY 23-24
VCR or DVD and 86" monitor Each/Day $192.00 $206.00
Enterprise Fees - Transit
The fee for TPASS (page 75) is the current fee being charged but is not listed in the document. This fee is set and administered by TCAG. The pass can be used on the Visalia Transit and TCRTA buses.
FY 22-23 FY 23-24
TPASS Per pass $ 55.00 $ 55.00
Enterprise Fees - Animal Services (Animal Control Fund) The fees for Litter Surrender - Weened<3 months (1-3 animals) and (4+, each additional) (page 47) are current fees being charged but are not listed in the document. The surrender by owners of multiple puppies or kittens requires health assessments, vaccinations, deworming, parvo sampling, and the creation of records to track the individual animals. The cost of these items includes both staff time spent, and veterinary supplies (vaccines, needles, tests, etc.). This fee acknowledges the increase in effort and expense that comes with each additional puppy or kitten and is meant to discourage owners from allowing their unaltered animals to have multiple litters. The fee is set at $77 for the first 3 puppies/kittens to cover 30 minutes of an Animal Control Workers time, along with the cost of veterinary supplies for intake. The fee of $20 for each additional animal covers these same costs in a pro-rated manner to address the surrender of larger litters. The additional $20 per puppy/kitten is a little less than a full 1/3 of the initial fee to acknowledge the economies of scale that come with repeated actions.
FY 23-24
Litter Surrender - Weened < 3months (1-3 animals) $ 77.00 Litter Surrender - Weened < 3months (4+, each additonal) $ 20.00
DELETED FEES
Geographic Information System - (General Fund)
The Black & White Maps and Color Maps & Digital Orthophoto fees (page 12) are being deleted due to no longer providing the services. Standard map sizes will be provided at no cost in a PDF format via e-mail or Visalia City Council Page 9 of 11 Printed on 6/2/2023
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File #: 23-0091 Agenda Date: 6/5/2023 Agenda #: 3.
longer providing the services. Standard map sizes will be provided at no cost in a PDF format via e-mail or FTP site.
FY 22-23 FY 23-24
BLACK & WHITE MAPS
8.5 X 11 ea copy $ 5.50 $0.00
11 X 17 ea copy $ 6.20 $0.00
18 X 24 ea copy $ 12.00 $0.00
24 X 36 ea copy $ 24.60 $0.00
36 X 60 ea copy $ 61.50 $0.00
42 X 70 ea copy $ 87.30 $0.00
COLOR MAPS and DIGITAL ORTHOPHOTO
8.5 X 11 ea copy $ 10.50 $0.00
11 X 17 ea copy $ 12.00 $0.00
18 X 24 ea copy $ 24.60 $0.00
24 X 36 ea copy $ 50.50 $0.00
36 X 60 ea copy $ 122.90 $0.00
42 X 70 ea copy $ 173.40 $0.00
Parks and Recreation - (General Fund)
The Ice Rink at Garden Street Plaza fees (page 26) are being deleted as they are no longer available. The City has not offered the Ice Rink since the winter of 2019, pre-covid. The decision not to offer the seasonal ice rink was not taken lightly. Data has shown that the fees for the ice rink did not cover the expenses. Starting in 2021 there have been other real ice rinks that have opened in the surrounding community; Vossler Farms here in Visalia as well as the City of Hanford offer a seasonal real ice rink. Unfortunately, the City’s rink is plastic which does not offer the same experience as real ice making it less desirable to the community.
Amount of time >50 people 51-100 people 101-150 people 151-200 people 2 hour rental $150.00 $185.00 $225.00 $275.00
2.5 hour rental $175.00 $215.00 $265.00 $315.00
3 hour rental $200.00 $250.00 $300.00 $350.00
Ice Rink at Garden Street Plaza
Additional Costs: Rentals requesting alcohol, $25 alcohol permit, and cost of security guards (amount of guards will be determined by number of guests).
The following arbor areas/amenity are no longer being offered. The Plaza Park Island & Pond Areas (page 23-24) are under construction as the retaining wall is being repaired and therefore not available for rental. The Lincoln Oval Picnic Arbor Area #1 is no longer available as the arbor and picnic table were removed in February of 2021 due to the structurally unsound condition of the arbor and picnic tables. The Riverway Sports Park Picnic Arbor Areas A-K are no longer available to be reserved. These fees for areas A-K are specific to the Easter weekend and due to the BBQ’s being removed, the areas are less desirable to reserve and have not had any reservations.
ANNUAL ADJUSTMENTS - AUTHORIZED BY ORDINANCE
The following is a listing of proposed fees where fee increases are required by ordinance.
Business Tax
The annual increases are based on the three-year average of the Consumer Price Index for All Urban Consumers (CPI-U) - U.S. City Average as previously approved by Council and authorized by City Ordinance.
This adjustment is not subject to Proposition 26 rules as this is an automatic inflationary adjustment and not a new imposition of a tax levy, charge or exaction because a fee is imposed when the governing body approves it, not when the fee takes effect. An inflationary adjustment to a levy, charge or exaction including a fee is Visalia City Council Page 10 of 11 Printed on 6/2/2023
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File #: 23-0091 Agenda Date: 6/5/2023 Agenda #: 3.
it, not when the fee takes effect. An inflationary adjustment to a levy, charge or exaction including a fee is merely a fee category set to begin at a certain future effective date. The fee is not considered an increase when it is adjusted for inflation (see Government Code Section 53750(h) (2) (A). The index applicable to Fiscal Year 2023-24 is 4.64%. These fees will be in effect on July 1, 2023.
Impact Fees
The ordinance approved, cost of living increase for impact fees is based upon the Engineering and News Record Construction Cost Index (ENRCCI). The index applicable to Fiscal Year 2023-24 is 0.83%. These fees require a sixty day notice and will be in effect on Aug 19, 2023.
Fiscal Impact:
Proposed increases of various City rates and fees will help Departments cover costs and lessen the impact on the General Fund.
Prior Council Action: Council reviewed and approved new fees and adjustments to the Rates and Fees on June 20, 2022 for Fiscal Year 2022-23.
Other: The following committees and commissions have reviewed the proposed rate and fee adjustments and recommend to City Council adoption of the adjustments to the City’s Rates and Fees for Fiscal Year 2023-
24. Committee or Commission Recommended Fees
Planning Commission March 27, 2023 Planning Fees – recommended Park and Recreation Commission April 11, 2023 Park & Rec Fees - recommended Transit Advisory Committee April 26, 2023 Transit Fees - recommended Citizen Advisory Committee June 7, 2023 All Fees - TBD
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
Review and discussion only; Council comments and direction are requested. Action will be taken following the public hearing at the June 19th Council meeting.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Fiscal Year 2023-24 Proposed Rates and Fees Document Visalia City Council Page 11 of 11 Printed on 6/2/2023
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City of Visalia
FY 23-24 Proposed
Rates and Fees
137
Tonight’s Discussion:
• Review FY 2023-24 Proposed Rates and Fees
• No action is required tonight
• Council is to provide comments and direction
Councils' concerns arising from tonight’s
discussion will be brought back on June 19, 2023
at the Public Hearing.
138
Purpose of Fees
• Fees reduce reliance upon general tax
dollars, therefore increasing money
available for services (Public Safety,
Parks, etc.)
• Encourages appropriate use of services
• Fee’s are limited to cost of service
139
Fee Reviews & Recommendations
• Planning Commission
• Planning Fees – March 27, 2023
• Park and Recreation Commission
• Park and Rec Fees – April 11, 2023
• Transit Advisory Committee
• Transit Fees – April 26, 2023
• Citizens Advisory Committee
• Sub Committee meeting May 25, 2023
• All Fees – Going June 7, 2023
140
Proposed Inflationary Changes
• California CPI – General Rate Changes
• 7.35%
• ENRCCI – All Impact Fees
• 0.83%
• USCPI (3 year avg.) – Business Tax Fees
• 4.64%
141
Proposed Changes to Fees
There are times where some or all the departments’ Rates and Fees are not increased for specific circumstances and reasons:
• Ordinance and Fees set by other Governmental Agencies • Legal Requirements (Prop. 218 Fees)
• Contracted Fees
• Minor Administrative Fees
• Department Choice
• Building Safety
142
Proposed Changes to Fees
• New Fees
• New to Fiscal Year 2023-24
• Fee Increases Exceeding CPI
• Increases not required by ordinance and exceed the CPI • Adjusted Fees
• Adjusted by less than the annual CPI, have been reduced to better reflect service and cost, or have increased
based on the City’s historical MOU changes
• Existing Fees- Previously Not Listed in the Document
• Approved by Council but have been inadvertently left
out of the document
• Deleted Fees
• No longer included or replaced in document
143
New Fees
• Enterprise Fees - Solid Waste
• Enterprise Fees - Building Safety Fund
• Enterprise Fees – Animal Services (Animal Control Fund) Replacement of Damaged/Burnt Bins FY 22-23 FY 23-24
30 Yard Bin Per Bin N/A $7,466.00
40 Yard Bin Per Bin N/A $9,761.00
Power Wall System (aka battery storage) FY 22-23 FY 23-24 Plan Check Fee:
Commercial - Including 1 to 2 N/A $ 121.00
Commercial - Including 3 to 6 N/A $ 181.50
Inspection Fee:
Commercial - Including 1 to 2 N/A $ 157.00
Commercial - Including 3 to 6 N/A $ 314.00
144
New Fees (continued)
• Enterprise Fees – Transit
145
New Fees (continued)
• Parks and Recreation - (General Fund)
146
Fee Increases Exceeding CPI
• Business Tax - (General Fund)
• Enterprise Fees - Airport
147
Fee Increases Exceeding CPI (continued)
• Community Development - Engineering (General Fund)
148
Adjusted Fees
• Community Development - Planning (General Fund)
• Enterprise Fees - Building Safety Fund
• Parks and Recreation - (General Fund)
FY 22-23 FY 23-24
Fire & Hood Suppression/Alarm System/Detection System 0 - 10,000 sq. ft Fire Plan Check Fee 0.10 0.04
Inspection Fee 0.16 0.06
Fire & Hood Suppression/Alarm System/Detection System 10,001 to 100,000 sq. ft Fire Plan Check Fee 0.04 0.02
Inspection Fee 0.10 0.04
Fire & Hood Suppression/Alarm System/Detection System Over 100,001 sq. ft Inspection Fee 0.04 0.02
149
Adjusted Fees (continued)
• Enterprise Fees - Animal Services
150
Adjusted Fees (continued)
• Enterprise Fees – Transit
FY 23-24
EV Chargers
The charge fee per KWH is based on actual cost plus $0.25, to help recover costs. 151
Adjusted Fees (continued)
The following hourly rates are associated with a specific job positions and have been adjusted based on budget assumptions for the next budget year.
• Solid Waste (Enterprise Fund)
152
Current Fees – Previously Not
Listed In Document
• Finance - General Government and Finance (General Fund) • Enterprise Fees - Convention Center
• Enterprise Fees – Transit
• Enterprise Fees – Animal Services (Animal Control Fund) FY 22-23 FY 23-24
TPASS Per pass $ 55.00 $ 55.00
153
Deleted Fees
Several Fees are recommended to be deleted due to the
following:
• New fees replacing old fees.
• Fees no longer needed, not offered to the
general public, or used.
• Duplicate or redundant fees listed in the
document.
154
Next Steps
• Continue Rates and Fees discussion to June 19th
• Further review and discussion (if needed); and
• Conduct the required public hearing
• If approved on June 19th, 2023 the effective dates
will be the following.
• All Fees July 1, 2023 (excluding Impact Fees)
• Impact Fees effective August 19, 2023 (60 day
notice required)
155
QUESTIONS
156
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0169 Agenda Date: 6/5/2023 Agenda #: 4.
Agenda Item Wording:
Receive a staff presentation and provide feedback regarding the project Community Development Block Grant (CDBG) Americans with Disabilities Act (ADA) Tree Wells Project located on Main Street in downtown Visalia.
Deadline for Action: June 5, 2023 - CDBG Funding Deadline Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Alejandro Ortega, Associate Engineer, [email protected], (559) 713-4164 Chantha Chap, Civil Engineer, [email protected], (559) 713-4418 Frank Senteno, City Engineer, [email protected], (559) 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:
Staff recommends City Council receive staff presentation on the CDBG ADA Tree Well project and provide feedback and comments regarding the staff recommended scope of work for the project.
Background Discussion:
Downtown Visalia Community Development Block Grant (CDBG) Americans with Disabilities Act (ADA) Tree Well improvement project will provide ADA improvements to sidewalks along Main Street from Santa Fe Street to Willis Street (Project Limits). Currently there is approximately $1.3 million in CDBG funding allocated for this project.
This CDBG Funded Tree Well project was originally recommended by the Disability Advocacy Committee (DAC) which was dissolved into the Citizen’s Advisory Committee. Through recommendation of the DAC, CDBG funds were subsequently appropriated towards a total of three separate ADA-related projects; audible pedestrian crosswalks in the downtown area, ADA compliant sidewalk path between the Transit Center and Main Street, and this project of ADA improvements along Main Street; incorporating tree wells as needed for these last two projects. The City receives an annual CDBG allocation but there is no guarantee or certainty on the amount available or the priority of future available funds.
Staff conducted a preliminary field investigation throughout the project limits and noted various ADA compliance concerns. Some of these concerns included non-ADA cross slopes, trip hazards, large cracks, and broken tree well tiles. Based on the field investigation findings and working within the budget of available funds, staff developed a project to address most of the ADA concerns within the project limits. Staff recommends proceeding with localized repairs to fix as much ADA concerns as possible within the available budget. See below for a detailed description of the work.
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File #: 23-0169 Agenda Date: 6/5/2023 Agenda #: 4.
Localized Repairs (tree well project): The work will consist of localized sidewalk repairs to areas that are most needed. These include trip hazards, large cracks, and broken tree wells throughout the project limits. The repaired segmented areas will be made ADA-compliant. However, outside these repair areas, the untouched sidewalk may or may not be ADA-compliant and will remain the property owners responsibility to repair and maintain in accordance with Section 12.20.140 of the City’s Municipal Code and Section 5610 of Streets and Highway Code.
Localized repairs will include a segment of ADA-compliant sidewalk path then a short transition segment in order blend back into the adjacent existing sidewalks and top of curb. The repairs will also incorporate tree wells as a method to maintain accessibility where needed. Likely examples are included in the report’s presentation. The estimated cost of the project to do the repairs from Santa Fe Street to Willis Street on Main Street is approximately $2.6 million dollars. This amount includes construction and design.
While the localized repairs will fix most of the ADA concerns in downtown, they only address the most needed areas as spot repairs and not the entire sidewalk. The current objective of the project is to capture as many of these repairs based on available budget of $1.3M. However, if City Council desires to incorporate all repairs within the project limits, additional funds will be needed. Staff would then return back to City Council for an appropriation of funds to complete the project.
At this time Staff is proceeding with the request for proposal (RFP) to hire a design consultant to prepare plans, specifications, and estimates for the construction of the localized repairs for the entire project limit. Unless directed otherwise, staff will develop a priority list of repairs during design and return back to present the list to Council. Staff also plans to engage the property owners and/or businesses through public outreach throughout the project duration and to provide Council on feedback received in order to determine the final construction scope of work that can be accommodated with the budget.
Since the available funding is insufficient to capture all locations identified and as with standard practice when a trip hazard is identified, staff will provide notice to the property owners of their responsibility to repair and maintain their fronting sidewalk area.
Comprehensive Design (potential project): Staff also reviewed a more comprehensive option to address the ADA concerns while also incorporating alternative design concepts to improve the visual amenities of the downtown area. The more comprehensive design option provides a broader solution to the ADA concerns by replacing widespread segments of sidewalk while serving as an overarching plan for future improvements. Depending on the design concepts incorporated, estimates range from $800k to $1.15M per block (two sidewalk paths per block) for a total of approximately $7.2M - $10.4M within the project limits. Due to the significant cost and the need for an additional funding source for what CDBG funding will not cover, staff did not recommend this as an option.
In the meantime, and as part of the Local Repair’s design scope, staff will work to develop a comprehensive design standard available for use in future development. This will include a standard cross section design to be used throughout the project limits that will improve the parkway and sidewalk area between the building and existing curb.
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File #: 23-0169 Agenda Date: 6/5/2023 Agenda #: 4.
Project Cost and Funding:
The ADA issues and repair needs in Downtown Visalia vary from block to block and are very complex leading to factors to consider when proceeding forward with the project, the main one being project cost and funding.
Additionally, other variables come into play but the major ones include:
1) The pending deadline for use of these CDBG funds.
2) No guarantee of future CDBG funds available for future sidewalk ADA repairs along Main Street or readily identified other fund source.
3) Cost burden or sharing by fronting property owners given that sidewalk repairs and maintenance are a responsibility of the adjacent property owner in accordance with City of Visalia Municipal Code 12.20.140 and Streets and Highway Code Section 5610. 4) What is an equitable solution given the project need, limited City funding resources, and owner responsibility.
Next Steps:
Staff is proceeding forward with the localized repairs along downtown Visalia, which the first step is to solicit proposals for design and to return to Council for award. As is with most projects, Staff will provide public outreach of this upcoming project along with information ensuing from this meeting, which may best be accomplished with meeting directly with stakeholders.
As a means, Staff would present this item to the Citizens Advisory Committee (CAC) and meeting directly with property owners (via Downtown Visalians and an independent meeting too) for comment. The intent is to gather feedback on the project and to gauge the private property owner’s sentiment towards the burden of costs for improvements and to then return back to City Council with the priority list and direction; again noting the tight timeline to expend funds.
Fiscal Impact:
The adopted CDBG and proposed budget for the CDBG ADA Tree Well Project from Santa Fe Street to Willis Street is shown in the table below.
Funding Table:
Fund No. Fund Account (As of 04/12/23 Amount
CDBG FY 2023-2024 (adopted budget) $629,275
CDBG FY 2024-2025 (planned budget) $758,829
Total $1,388,104
CDBG Funding Deadlines:
50% of the funds for Fiscal Year 2023-2024 need to be spent by March 1, 2024. All CDBG funds need to be spent by June 30, 2025. If the deadlines are not met the City is at risk of not receiving the Visalia City Council Page 3 of 4 Printed on 6/2/2023
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File #: 23-0169 Agenda Date: 6/5/2023 Agenda #: 4.
need to be spent by June 30, 2025. If the deadlines are not met the City is at risk of not receiving the following year’s CDBG allocation.
Prior Council Action:
None
Alternatives:
City Council may consider to direct staff to incorporate all repairs within the project limits and return for an appropriation of additional funds.
Recommended Motion (and Alternative Motions if expected):
I move to authorize staff to proceed forward with the localized sidewalk repairs pertaining to the CDBG ADA Tree Well project on Main Street from Santa Fe to Willis Streets, to return with an implementation and funding plan as necessary and to develop a comprehensive design standard.
Attachments:
Downtown ADA Tree Wells Presentation
Downtown ADA Tree Wells Exhibit
Visalia City Council Page 4 of 4 Printed on 6/2/2023
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CDBG ADA Tree
Well Project
June 5, 2023
City Council
Preliminary Project
Presentation
By: Alejandro Ortega
Chantha Chap
161
Project Background
Project Goal
– Provide ADA improvements to sidewalks along Main St in Downtown Visalia
Project limits: Santa Fe to Willis
CDBG Project Funding
– 50% of Fiscal Year 2023-2024 Spent by March 1, 2024
– Project needs to be completed by June 30, 2025 (CDBG Funding) 2 FY 23-24 FY 24-25 Total
$622,500 $758,829 $1,381,329
162
Project Background
Staff conducted field visit
– Existing Issues
Large Cracks, Broken Tree Well Tiles, Non-ADA cross slope, Trip Hazards
North Side between
Church and Garden
South Side between
Bridge and Santa Fe
South Side between
Court and Church
3 163
Local Repairs
Localized repairs to fix
most needed areas ($2.6M
for entire project)
– Trip hazards, cracks in
sidewalk, tree wells, etc
Available Budget = $1.3M
Pros
– Address immediate needs
– Able to address more locations
Cons
– Problems susceptible to arise
again in 5-10 years
Location: North Side between
Encina and Locust
Before
After
4 164
Local Repairs (Cont)
Existing Solutions to meet ADA in Downtown Visalia
5 South Side between
Willis and West
South Side between
Santa Fe and Liberty
ADA Path
165
Project Challenges
Summary of Challenges:
– Constructability
Existing utilities, existing trees
Impacts to businesses (night work)
– Concrete cure time
– Outreach
– Funding
Cost burden or sharing with property owners
Other fund source needed (non CDBG)
6 166
Next Steps/Project Schedule
50% of Fiscal Year 2023-2024 Spent by March 1, 2024
Project needs to be completed by June 30, 2025 (CDBG
Funding)
Public engagement throughout project duration
7 City Council
CAC and
Downtown
Visalia
Property
Owners
Advertise
RFP
Design
Fall 2023
Construction
Early 2025
167
Comprehensive Solution
Comprehensive Solution
Design of entire sidewalk
length
– Approximate cost ($7.2M-
$10.4M for entire project)
Pros
– Addresses entire length of
sidewalk
– Visual Amenities
Cons
– Will need other funding
source(s)
– Affects existing conditions
Work around tree wells and
utilities
8 COMPREHENSIVE CONDITION 168
Staff Recommendation
9 Proceed forward with the localized repairs pertaining to the CDBG ADA Tree Well Project
Develop comprehensive design standard to be followed on future improvements in Downtown Visalia
Return to City Council
– Provide priority list of repairs
– Provide Public feedback
– Additional appropriation to complete all localized repairs? 169
10 Questions or
Comments
170
MAIN ST MAIN ST MAIN ST
WILLIS ST
WEST ST
FLORAL ST
ENCINA ST MAIN ST MAIN ST MAIN ST
ENCINA ST
LOCUST ST
COURT ST
CHURCH ST
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS MAIN ST MAIN ST MAIN ST
CHURCH ST
GARDEN ST
BRIDGE ST
SANTA FE ST
MATCHLINE
SEE BELOW LEFT
MATCHLINE
SEE BELOW LEFT
MATCHLINE
SEE ABOVE RIGHT
MATCHLINE
SEE ABOVE RIGHT EXISTING CONDITION CITY OF VISALIA CDBG DOWNTOWN ADA TREE WELL PROJECT LEGEND 171
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0216 Agenda Date: 6/5/2023 Agenda #: 5.
Agenda Item Wording:
Receive a presentation and update regarding the current state of the Valley Oaks Golf Course.
Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number:
Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Leslie Caviglia, City Manager, [email protected], (559) 713-4332 Department Recommendation:
Staff recommends that City Council receive a brief report and presentation that provides the current state of the City owned Valley Oaks Golf Course (VOGC) which is leased to CourseCo, Inc. for operation and maintenance.
Background Discussion:
The City of Visalia contracted with CourseCo, Inc. (CourseCo) beginning in 2000 for the operation and maintenance of the 27-hole Valley Oaks Golf Course, driving range, club house, restaurant, parking and related facilities generally located in the southeast quadrant of the Plaza and State Route 198 interchange. The land where the Valley Oaks Golf Course sits is within an Airport Safety Zone which requires additional language within the lease for Federal Aviation Administration (FAA) requirements to be included within the agreement (Exhibit 2). In addition, numerous parcels which make up the Valley Oaks Golf Course are owned outright by the Visalia Airport. This is depicted in Exhibit 3 of this staff report.
In 2016, the City Council directed staff to change to a lease format and the existing lease agreement commenced on February 1, 2018, for a term of 20 years. It is currently in the sixth year of the lease.
The City has been pleased with the services provided by CourseCo and course performance under their leadership. Course revenues have increased over the last couple of years through the pandemic and CourseCo has done a good job of maintaining the course and leased grounds. A renewed interest in golf (due to the pandemic). CourseCo is finalizing a planto expend the 3% set aside of gross revenues for capital improvements in the near future.
Contract Requirements:
The lease articulates that in return for a 20 year lease of the property, CourseCo will maintain and operate the golf course. CourseCo is obligated to pay the City a base rent and a percentage rent which is further explained within this report. Also, CourseCo places 3% of annual Gross Revenue into a trust for capital improvements. In addition, CourseCo was required to invest a total of $300,000 of their own money in a Capital Improvements Fund in the first three years and expend at least $150,000 from the Capital Improvement Fund on eligible capital projects. All equipment and Visalia City Council Page 1 of 4 Printed on 6/2/2023
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least $150,000 from the Capital Improvement Fund on eligible capital projects. All equipment and FFE (furniture, fixtures & equipment) transferred to CourseCo for $0 and CourseCo will leave “like” equipment at the end of the lease. CourseCo shall be responsible for all facility maintenance and repair for the insides of the buildings, the City shall be responsible for the outside (roof & HVAC).
The boundary limit extends throughout the golf course within the fenced area. Over the term of the lease, CourseCo will invest over $3M in carts and equipment.
Revenues:
Revenue Collected Per the Agreement:
CourseCo is obligated to pay the City ‘Base Rent’ annually. The base rent for years 1 through 13 is $90,000 per year and $110,000 for years 14 through 20 of the term. This means in 2030 the base rent will increase by $20,000.
In addition to the ‘Base Rent’, the City receives a ‘Percentage Rent’ which is calculated from the actual revenues observed by CourseCo. CourseCo revenues are comprised of daily tee fees, cart fees, driving range fees, concession, membership and other rentals. This Percentage Rent has been minimal the first three years, however in the fourth and fifth year (2021 and 2022) it has averaged around $175,000 due to the increased use during the pandemic. This can be seen in the following table.
2018 2019 2020 2021 2022
VOGC Revenue 2,421,811.63 2,428,779.36 2,766,421.65 3,774,302.15 4,066,336.48 Baseline 2,400,000.00 2,454,960.00 2,488,320.00 2,663,498.00 2,835,294.00 Difference 21,811.63 (26,180.64) 278,101.65 1,110,804.15 1,231,042.48 % Rent (15% of Difference) $ 3,271.74$ - $ 41,715.25$ 166,620.66$ 184,656.43 Prior Year Baseline 2,400,000.00 2,454,960.00 2,488,320.00 2,663,498.00 CPI Rate 2.3% 1.36% 7.0% 6.45%
New Baseline 2,454,960.00 2,488,320.00 2,663,498.00 2,835,294.00 CPI Baseline Increase 54,960.00 33,360.00 175,178.00 171,796.00 Base Rent 90,000.00 90,000.00 90,000.00 90,000.00 90,000.00 % Rent 3,271.74 - 41,715.25 166,620.66 184,656.43
Total City Revenue $ 93,271.74$ 90,000.00$ 131,715.25$ 256,620.66$ 274,656.43 Please note that in 2019 VOGC revenue was lower than the baseline, the City did not receive any revenue from the ‘Percentage Rent’.
In order to determine the additional City revenue received under the ‘Percentage Rent’ identified in Article 5.2 of the agreement for the 2020 calendar year (for example), staffs looks to the prior year baseline and applies the annual CPI increase to establish the new baseline. This calculation is shown in the middle section of the above table. At the end of the calendar year, CourseCo revenues exceeding the new baseline are calculated (identified as ‘Difference’) and 15% of that difference is provided to the City as ‘Percentage Rent’ revenue. In 2020, the ‘Percentage Rent’ provided to the City was $41,715.25.
3% Capital Improvement Fund Per the Agreement:
CourseCo also holds in a trust 3% of gross revenues each year that must be used benefits to improve the premises. In addition, CourseCo was required, per the agreement, to withhold $300,000 of their own funds within the first three years to contribute to the trust. Furthermore, within the first three years of the lease, not less than a total of $450,000 was committed to be expended by CourseCo.
Currently the total amount placed in the trust year to date is approximately $775,000 and per the Visalia City Council Page 2 of 4 Printed on 6/2/2023
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Currently the total amount placed in the trust year to date is approximately $775,000 and per the lease, the funds have to be used as capital investments into the City’s assets with written approval by the City. Per the agreement under Article 8.3 (c), the capital improvement fund shall be… “used exclusively for additional capital items or the repair and replacement of capital items which are needed to repair or replace, over time, capital items which are subject to wearing out after a useful life and which are included in, located on or used in connection with the Premises,…
…the term “capital items” does not include, golf carts, golf course maintenance equipment, and other Personal Property used in the normal course of operating and maintaining the Premises.”
During the term of the lease, CourseCo has spent $232,809.48 on the following projects depicted in the following table. Not all these projects fall within the definition of a capital project within the agreement, however, the funds were approved by previous City Staff and have been spent in prior fiscal years.
Year Expenditure Project
2018 $ 23,550.00 Course Accessories
2018 $ 34,640.97 Bunker Renovation (Lakes)
2019 $ 52,163.51 Bunker Renovation (Valley Oaks)
2020 $ 73,580.00 Tee Leveling
2020 $ 19,175.00 Tree Maintenance
2020 $ 29,700.00 Safety Netting
$232,809.48
As April of 2023, the capital fund trust balance is $546,788.01. Although CourseCo has not reached the $450,000 committed spending amount per the lease, which could be attributed to the pandemic, CourseCo is currently developing a large improvement project that will expend this entire amount.
This project is still preliminary and will be presented to the City Council shortly.
Fiscal Impact:
No new fiscal impact to the City at this time, however, this report provides the current revenues received by the City under the lease agreement. Revenues received are set aside in a dedicated fund specifically identified to cover major maintenance expenses that the City is responsible for per the lease. Furthermore, these funds that are set aside will remain so that once the lease ends the City has funds to take responsibility should we choose so.
Capital Funds as identified herein and within the lease are monies held by CourseCo for the purpose of capital project. If at the end of the lease or termination, those capital trust funds shall be remitted to the City unless an alternative management company or premises owner is managing the premises per section 8.3 (b) of the lease.
Prior Council Action:
October 2nd, 2017 - City Council heard the second reading and adoption of Ordinance No. 2017-10.
September 18th, 2017 - City Council heard the first reading of Ordinance No. 2017-10 authorizing the Visalia City Council Page 3 of 4 Printed on 6/2/2023
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File #: 23-0216 Agenda Date: 6/5/2023 Agenda #: 5.
September 18th, 2017 - City Council heard the first reading of Ordinance No. 2017-10 authorizing the City Manager to enter into a twenty (20) year lease agreement with CourseCo, Inc. for operation and maintenance of Valley Oaks Golf Course.
April 3rd, 2017 - City Council authorized staff in closed session to negotiate a Lease Agreement with CourseCo, Inc. for the operation of Valley Oaks Golf Course.
Alternatives:
N/A
Recommended Motion (and Alternative Motions if expected):
No action required at this time, informational purposes only.
Attachments:
1. Exhibit 1 - Presentation
2. Exhibit 2 - 2017 CourseCo Agreement
3. Exhibit 3 - Map from Agreement
Visalia City Council Page 4 of 4 Printed on 6/2/2023
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Valley Oaks Golf Course Update
Administration
June 5, 2023
1 176
Overview
2177
Lease Agreement
3178
Lease Agreement
• Commenced on February 1, 2018
• Twenty-year term lease
• Includes Personal Property/Equipment
• Restaurant
• Grounds Maintenance
• Golf
• Repair and Maintenance
• Capital
4179
Capital
• Approx $775,000 deposited total
• Current $546,788.01 with in the trust
5 Year Expenditure Project
2018 $ 23,550.00 Course Accessories
2018 $ 34,640.97 Bunker Renovation (Lakes)
2019 $ 52,163.51 Bunker Renovation (Valley Oaks)
2020 $ 73,580.00 Tee Leveling
2020 $ 19,175.00 Tree Maintenance
2020 $ 29,700.00 Safety Netting
$232,809.48
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City Revenue
• XXX
6 2018 2019 2020 2021 2022
VOGC Revenue 2,421,811.63 2,428,779.36 2,766,421.65 3,774,302.15 4,066,336.48 Baseline 2,400,000.00 2,454,960.00 2,488,320.00 2,663,498.00 2,835,294.00 Difference 21,811.63 (26,180.64) 278,101.65 1,110,804.15 1,231,042.48 % Rent (15% of Difference) 3,271.74 $ - $ 41,715.25 $ 166,620.66 $ 184,656.43 $ Prior Year Baseline 2,400,000.00 2,454,960.00 2,488,320.00 2,663,498.00 CPI Rate 2.3% 1.36% 7.0% 6.45% New Baseline 2,454,960.00 2,488,320.00 2,663,498.00 2,835,294.00 CPI Baseline Increase 54,960.00 33,360.00 175,178.00 171,796.00 Base Rent 90,000.00 90,000.00 90,000.00 90,000.00 90,000.00 % Rent 3,271.74 - 41,715.25 166,620.66 184,656.43 Total City Revenue 93,271.74 $ 90,000.00 $ 131,715.25 $ 256,620.66 $ 274,656.43 $ 181
City Revenue
• XXX
7 2018 2019 2020 2021 2022
VOGC Revenue 2,421,811.63 2,428,779.36 2,766,421.65 3,774,302.15 4,066,336.48 Baseline 2,400,000.00 2,454,960.00 2,488,320.00 2,663,498.00 2,835,294.00 Difference 21,811.63 (26,180.64) 278,101.65 1,110,804.15 1,231,042.48 % Rent (15% of Difference) 3,271.74 $ - $ 41,715.25 $ 166,620.66 $ 184,656.43 $ Prior Year Baseline 2,400,000.00 2,454,960.00 2,488,320.00 2,663,498.00 CPI Rate 2.3% 1.36% 7.0% 6.45% New Baseline 2,454,960.00 2,488,320.00 2,663,498.00 2,835,294.00 CPI Baseline Increase 54,960.00 33,360.00 175,178.00 171,796.00 Base Rent 90,000.00 90,000.00 90,000.00 90,000.00 90,000.00 % Rent 3,271.74 - 41,715.25 166,620.66 184,656.43 Total City Revenue 93,271.74 $ 90,000.00 $ 131,715.25 $ 256,620.66 $ 274,656.43 $ 182
City Revenue
8183
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Plaza Dr
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N Neeley St
S Kelsey St
W Walnut Ave
S Plaza Dr
Rd 88
W Mineral King Ave
Hwy 198 Rd 86
Hwy 99
W Noble Ave
S Plaza Dr
Plaza Park
Valley Oaks
Golf Course
Visalia
Municipal
Airport (Vis)
Nearmap US
Valley Oaks Golf Course ¯
City Limits
Airport Owned Parcels
±221 Acres
Scale: 1:10,000 236
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0215 Agenda Date: 6/5/2023 Agenda #: 6.
Agenda Item Wording:
Review and discuss the recently held inaugural Wings and Wheels Car and Plane show held at Visalia Municipal Airport.
Deadline for Action: None
Submitting Department: Administration - Airport
Contact Name and Phone Number:
Jody Miller, Airport Manager, (559) 713-4282, [email protected] Nick Mascia, Assistant City Manager, (559)713-4323, [email protected] Department Recommendation:
Staff recommends City Council review and discuss the recently held inaugural Wings and Wheels Car and Plane show held at Visalia Municipal Airport and provide any comments or direction as applicable.
Background Discussion:
Traditionally the Visalia Municipal Airport has hosted various events on the Airport grounds as a way to bring awareness to the Airport and as a way to show appreciation and give back to the community.
In the past, Airport Staff have held air shows, and more recently, Airport open house/ Airport appreciation events. Due the combined effects of a dwindling public response and Covid, it had been over 4 years since the Airport hosted an event, and Airport Staff wanted to continue the tradition but in a new way to perhaps renew the excitement of earlier iterations. Senior Airport Operations Worker Mario Medina came up with the idea of a car show, and the rest of Airport staff built upon that idea turning it into the inaugural Visalia Municipal Airport Wings and Wheels Car and Plane Show which was held on April 8th 2023, and what will be discussed via the attached Power Point Presentation.
Fiscal Impact:
The free community event was produced for just under $1,500 net plus staff time. Given the exposure for the airport and the community involvement, Staff believes this was a worthwhile promotional effort.
Prior Council Action:
N/A
Alternatives:
Recommended Motion (and Alternative Motions if expected):
No action, for informational purposes only.
Visalia City Council Page 1 of 2 Printed on 6/2/2023
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File #: 23-0215 Agenda Date: 6/5/2023 Agenda #: 6.
Environmental Assessment Status: N/A.
CEQA Review: N/A
Attachments: .
1. Power Point Presentation
Visalia City Council Page 2 of 2 Printed on 6/2/2023
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Jody Miller
June 5th, 2023
239
Visalia Municipal Airport hosted our inaugural Wings and Wheels Car and Plane show on April 8th 2023.
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•Attendance
•Public Response
•Vendor Performance
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•More Vendors
•Additional Restrooms
•Improved PA
•Schedule Clarification
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0189 Agenda Date: 6/5/2023 Agenda #: 1.
Agenda Item Wording:
Authorization to read ordinances by title only.
Visalia City Council Page 1 of 1 Printed on 6/2/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0450 Agenda Date: 6/5/2023 Agenda #: 2.
Agenda Item Wording:
Authorize City Manager to enter into an agreement with Cal-Water to provide construction and construction management services in the amount of $869,171, appropriate $140, 708 of additional Department of Water Resource (DWR) grant funds, appropriate $15,000 for staff indirect costs from the General Fund, and to enter into updated agreement with Self-Help Enterprises (SHE) to provide grant administrative services in the amount of $29,617.
Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Cody McLaughlin, Assistant Engineer, [email protected], 713-4595 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:
Staff recommends that the City Council authorize the following:
1.) City Manager to enter into an agreement with Cal-Water to provide construction services and construction management services in the amount of $869,171 to be funded entirely through the grant.
2.) Appropriation of an additional $140,708 in DWR grant funds.
3.) Appropriation of $15,000 for staff indirect costs from the General Fund (001).
4.) Authorize City Manager to enter into an updated agreement with SHE to provide grant administrative services in the amount of $29,617 to be funded entirely through the grant.
Background Discussion:
The City of Visalia and Self-Help Enterprises (SHE), a nonprofit organization, have been working together in assisting residents located along Linwood Street between Mineral King Avenue and Persian Ditch in the City of Visalia with establishing new potable water services due to these residents having lost their water supply, as a result of their private wells going dry. A total of 11 properties along Linwood Street do not have a domestic water connection to a Cal-Water service line and operate with their water supply sourced from private wells. The properties are currently on a temporary water supply, due to their private well sources going dry (Refer to the attached project vicinity map for reference Exhibit A). The properties along Linwood Street that are impacted by drought and in need of domestic water service are determined to be a state small community which is why they were still serviced by private wells and did not have available domestic water service by Cal -Water.
Visalia City Council Page 1 of 5 Printed on 6/2/2023
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File #: 22-0450 Agenda Date: 6/5/2023 Agenda #: 2.
Governor Newsom proclaimed a state of emergency for drought in April of 2021, this proclamation led to the establishment of the Small Community Drought Relief Program. The purpose of the Small Community Drought Relief Program is to provide immediate and near-term financial support to help communities through struggles and impacts of the current and future droughts. The Department of Water Resources (DWR) are the grantors of the grant funding from the Small Community Drought Relief Program.
The needs of this project qualified for grant funding from the Small Community Drought Relief Program. SHE and Cal-Water are not eligible recipients of the grant, but the City is an eligible recipient of the grant funds which explains the City’s involvement. Therefore, Staff recommends the City of Visalia accept the grant for assistance to the residents along Linwood Street by partnering with SHE and Cal-Water.
Project Description and Scope:
In order to establish domestic water service to the properties in need, domestic water service connections will need to be provided by Cal-Water. The nearest Cal-Water domestic mainline is in Linwood Street north of Persian Ditch. This line will need to be extended South along Linwood Street and connected to an existing main in Mineral King Avenue. The new line segment will provide water services to the 11 properties in need. The project scope of work will encompass the installation of 750 linear feet of new 8” mainline, the installation of 12 new lateral water services, and 1 lateral service stub for future connection. The project will also include work on private property for each of the 11 properties consisting of the following: decommissioning of existing wells, re-routing and connecting existing private plumbing to the newly provided Cal-Water water service, installation of cross contamination prevention equipment, and the disconnection of 1 existing well that is to remain for irrigation use only.
Project Roles:
The City of Visalia will be the grantee and the DWR will be the Grantor. The City of Visalia will oversee the entire project as the grantee and serve in a project management role ensuring all tasks are completed to acceptable standards, provide administration, construction management, environmental review, inspections, and oversight services for the project. SHE will serve in a role to provide grant administration and coordination services with SHE acting as an organizer and coordinator between parties. Cal-Water will serve in a role for design, construction procurement, project construction, and construction management services. Cal-Water owns and operates the water service network within the City of Visalia.
With the City being the grantee, this project will follow normal protocols through construction processes such as the environmental CEQA, Cal-Water will pull all necessary permits (such as an encroachment permit) prior to the start of construction, and public notice and coordination will be given prior to the start of construction. The current preliminary schedule for this project anticipates construction to begin early September. See preliminary project schedule below:
Linwood Emergency Drought Project
Preliminary Schedule
June 2023 Grant Award and Execution of Agreement
September 2023 Construction to Begin
November 2023 Final Inspection and Project Closeout Visalia City Council Page 2 of 5 Printed on 6/2/2023 powered by Legistar™246
File #: 22-0450 Agenda Date: 6/5/2023 Agenda #: 2.
Linwood Emergency Drought Project
Preliminary Schedule
June 2023 Grant Award and Execution of Agreement
September 2023 Construction to Begin
November 2023 Final Inspection and Project Closeout
This project schedule is a tentative project schedule with the critical path being material procurement.
Upon execution of the agreement, city staff and Cal-Water will review and update the project schedule as necessary.
Fiscal Impact:
The Small Community Drought Relief Grant has been awarded through DWR, the project will receive funding from DWR from the Small Community Drought Relief Grant in the amount of $968,288. The agreement with Cal-water to provide construction and construction management services in the amount of $869,171 will be funded entirely through the grant. City staff has worked directly and extensively with Cal-Water to come to a final cost estimate from Cal-Water. This cost estimate has been established as a not to exceed amount with no future added costs. City staff has been working with DWR to coordinate acceptable costs incurred by all parties for this project and to approve a project budget and final Cal-Water cost estimate. The challenge has been that Cal Water’s costs are proprietary and really outside scrutiny or containment by the City. Staff also expended a considerable amount of time to format Cal Water’s submitted costs in a manner acceptable to DWR.
Refer to the project budget below for more details:
Budget Category Original Budget
(Council
Approved
8/15/2022
Appropriation
Request
Total Updated
Cost
Grant Administration & Outreach
(Self Help Enterprises)
$26,017 $3,600 $29,617
Project Management (The City of
Visalia)
$69,500 - $69,500
Design/Construction Implementation
(Cal-Water)
$732,063 $137,108 $869,171
Total Grant Budget Amount $827,580 $140,708 $968,288
Staff Indirect Costs (General Fund) - $15,000 $15,000
Total Project Amount $827,580 $155,708 $983,288
Appropriation of additional DWR grant funds, $140,708:
City staff previously received council authorization to submit the Small Community Drought Relief Grant application requesting grant funds in the amount of $827,580 and accept and appropriate grant funds contingent upon award, authorization to enter into a grant agreement with the DWR to accept grant funds, and authorization to enter into an agreement with Self Help to provide grant administration services in the amount of $26,017 to be funded entirely through the grant.
Through the application’s iterative review process, project costs were reviewed and updated and in that time the project experienced cost increases. City staff updated the grant application to reflect Visalia City Council Page 3 of 5 Printed on 6/2/2023
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File #: 22-0450 Agenda Date: 6/5/2023 Agenda #: 2.
that time the project experienced cost increases. City staff updated the grant application to reflect these cost increases through a budget increase request. This request was approved with the grant application. The current project costs identified herein are reflected in the grant agreement that is pending execution and within the corresponding budget categories as shown in the project budget above.
The project budget increase totals an additional $140,708 from the originally requested $827,580 to total an updated project grant award of $968,288. This increase has been approved by DWR.
Therefore, Staff is requesting an appropriation of the additionally approved grant funding of $140,708.
The project cost increases were reflected in Self Help efforts for an additional $3,600 to be entirely funded through the grant. Staff is requesting authorization to enter into an agreement with Self Help in the amount of $29,617 that incorporates the updated project budget increase of $3,600. The other $137,108 project cost increase is reflected in Cal-Water services to be entirely funded by the grant.
The additional Cal-Water project cost increase is correlated to construction cost increase. Cal-Water project cost estimate was last updated in the spring of 2022 for the submission of the application.
The iterative application process and coordination between all partnering parties lead to a longer project schedule than anticipated. In turn Cal-water construction costs had become outdated, the current project construction cost from Cal-water is current with current construction costs and should remain current through the completion of this project this year.
Appropriation of $15,000 for staff indirect costs
The grant program is authorized to fund interim or immediate relief including construction or installation of permanent connection to adjacent water systems, recycled water projects that provide immediate relief to potable water supplies, and other projects that support immediate drought response. Eligible costs for reimbursement include studies, engineering, design, project construction, and other work directly related to the scope of work. However, the grant does not reimburse for various ineligible development costs such as staff indirect costs. Indirect costs include but are not limited to general administration of the funding recipient, the costs of operating and maintaining nonproject specific facilities, general overhead or markup. There are indirect staff costs associated with the direct staff costs. The City of Visalia indirect staff costs for the project are estimated to be $15,000. Therefore, staff recommends $15,000 be appropriated from the General Fund (001) to cover these costs not eligible for grant reimbursement.
Prior Council Action:
August 15, 2022
1.) Adopt Resolution 2022-49 authorizing the City to submit the Small Community Drought Relief Grant application to the Department of Water Resources requesting grant funds in the amount of $827,580 and accept and appropriate grant funds, contingent upon award; and
2.) Enter into a grant agreement with the Department of Water Resources to accept the grant funds; and
3.) Enter into an agreement with Self Help to provide grant administrative services in the amount of $26,017 to be funded entirely through the grant.
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File #: 22-0450 Agenda Date: 6/5/2023 Agenda #: 2.
Recommended Motion (and Alternative Motions if expected):
I move to authorize City Manager to enter into an agreement with Cal-Water to provide construction and construction management services in the amount of $869,171, appropriate $140,708 of additional grant funds, appropriate $15,000 for staff indirect costs from the General Fund, and to enter into an agreement with SHE to provide grant administrative services in the amount of $29,617.
Environmental Assessment Status:
NA
CEQA Review:
Categorically Exempt
Attachments:
Exhibit A - Project Vicinity Map
Cal-Water Services Agreement (Draft)
Cal-Water Services Cost Estimate
Department of Water Resources Grant Agreement
Self Help Enterprise Services Agreement (Draft)
Visalia City Council Page 5 of 5 Printed on 6/2/2023
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4520 4440
111 1/2
W Mineral King Ave
PERSIAN
³
0 25 50 100 150 200
Feet
Proposed Water Main
Connection to Existing Jack and Bore Under
Concrete Chanel
Proposed Water Main
Connection to Existing
LEGENDProposed 8" Water Main Line Existing Water Main Line Proposed Lateral Service Proposed Jack and Bore under
Concrete Chanel
Linwood Emergency
Drought Schematic Map Proposed Water Service Connection Existing Well to be Abandoned Capped Lateral Service for
Future Connection LINWOOD STREET
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GRANT-FUNDED MAIN INSTALLATION AGREEMENT
(re: VIS/South Linwood Avenue between West Crowley Drive and Mineral King Avenue) This GRANT-FUNDED MAIN INSTALLATION AGREEMENT (this Agreement), dated _________ (the Effective Date), is made by and between the CITY OF VISALIA, a charter city (the City) and CALIFORNIA WATER SERVICE COMPANY, a California corporation (Cal Water), who are each referred to as a Party and collectively referred to as the Parties.
BACKGROUND
A. The City received a grant (the Grant) from the California Department of Water Resources (DWR) to plan, design, and construct a potable water main and related facilities to connect twelve (12) homes near 119 South Linwood Avenue, between West Crowley Drive (to the north) and Mineral King Avenue (to the south), in the City of Visalia, County of Tulare, State of California (the Project Area) to Cal Water’s existing potable water distribution system (collectively, the Project).
B. The customers reside in Cal Water’s service area in the City of Visalia, but are not customers of or connected to Cal Water’s potable water distribution system.
C. The City has proposed and is able to use the Grant to reimburse Cal Water for cost and expenses to plan, design, and construct the potable water main and facilities, service meters, and service lines for the Project (i.e., the Work, as more particularly defined below).
D. Cal Water is willing to undertake the Work, according to its usual standards and practices and in consideration of and subject to the terms of this Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the Background above and of the terms and conditions below, the Parties agree as follows:
1. Work
1.1. Independent Contractor. All of the labor, materials, and equipment to complete the Project are more fully defined in those plans and drawings prepared by Cal Water, dated October 29, 2021 and approved by the City (the Plans) and which work is summarized in Exhibit A (the Work).
Except as otherwise provided in this Agreement, Cal Water will be responsible for all of the Work, including planning, design, permitting, and construction. Cal Water reserves the right to make such changes in design or materials as it may deem necessary. Cal Water may hire contractors or subcontractors to perform any part or portion of the Work as Cal Water deems necessary or desirable.
Cal Water is and will be deemed an independent contractor, and not an employee, representative, or agent of the City.
1.2. Reasonable Cooperation. The Parties will reasonably cooperate to coordinate the Work to facilitate the completion of the Project and to avoid reasonably foreseeable disruptions and delays, and to fulfill the purposes of this Agreement. Each Party will designate a primary point of contact and any key personnel within a reasonable time of the Effective Date. A Party may substitute or designate additional contacts or key personnel in writing to the other at:
251
CWS: Business Development
Cal. Water Service Company
1720 N. First Street
San Jose, CA 95112
Attn: Dir. of Integration
City: Engineering Division
City of Visalia
315 E. Acequia Avenue
Visalia, CA 93291
Attn: Cody McLaughlin
Copy: Legal Department
Cal. Water Service Company
1720 N. First Street
San Jose, CA 95112
Attn: Assoc. General Counsel
Copy: City Attorney’s Office
City of Visalia
707 W. Acequia Avenue
Visalia, CA 93291
Attn: City Attorney
2. Project
2.1. Project Area. The Project Area is described or shown in Exhibit B.
2.2. Project Term. The construction phase of the Project will begin on the date when Cal Water has obtained the necessary or sufficient materials, equipment, labor, and approvals or permits to begin and prosecute the Work to completion (the Start Date) and end ninety (90) days from the Start Date, unless completed earlier or otherwise extended by written agreement of the Parties (the End Date). Cal Water will perform all construction activities during the hours of 8:00 A.M. (PST/PDT) and 5:00 P.M. (PST/PDT).
2.3. Construction Delay. Cal Water will not be responsible for any delay in construction resulting from any cause beyond its reasonable and foreseeable control, including, without limiting the generality of the foregoing, any delay resulting from inability to obtain sufficient or proper materials and supplies, labor disturbances or shortages, or weather conditions, or inability to obtain necessary permits, licenses, franchises or other governmental authorizations or approvals.
2.4. Facilities Ownership. The facilities installed by Cal Water under this Agreement and the Work (except for facilities owned by a customer, i.e., facilities behind a customer meter), and any plans, drawings, designs, and intangible personal property of Cal Water will be and remain at all times the property of Cal Water, and the City shall have no right, title or interest whatsoever in or to the same.
Promptly on the completion of the Project, the City will have signed, notarized, and delivered to Cal Water two (2) original copies of the Quitclaim Bill of Sale in the form and content attached as Exhibit E.
2.5. Labor Compliance. The construction in this project by Cal Water and Cal Water subcontractors under this agreement are subject to compliance with the City of Visalia Labor Compliance Manual attached as Exhibit E.
2.6. Prevailing Wage. This project will be subject to all applicable State Wage Determinations. Cal Water and Cal Water subcontractors will be responsible for paying wages from the State Wage Determinations for all trades. The wages are set forth in the General Prevailing Wage Rates for this project, available at City of Visalia address and available from the California Department of Industrial Relations’ Internet web site: http://www.dir.ca.gov/dlsr/PWD/index.htm. .
252
3. Payment
3.1. Estimated Cost. The Estimated Cost of the Work is [RESERVED and NO/100 DOLLARS] ($[]), a statement of which is attached as Exhibit C. The City understands that the Estimated Costs are an estimate only and that the actual cost and expense Cal Water may incur to complete the Project may exceed the Estimated Costs. The City will pay or reimburse Cal Water for all of the Cal Water’s costs and expenses necessary to complete the Project in an amount not to exceed: [Grant Fund Totals].
3.2. Progress Payments. Cal Water will invoice the City no more than once per calendar month during the term of the Project. The City will remit payment to Cal Water within thirty (30) calendar days of the date of an invoice by check, payable to “California Water Service Company”, to the following address:
Accounts Payable
California Water Service Company
1720 N. First Street
San Jose, CA 95112
4. Cal Water Rights and Responsibilities
4.1. Revised Estimates. Within sixty (60) days after Cal Water has ascertained its actual costs for the Work, it will provide the City with a statement of the same showing in reasonable detail the costs incurred for material, labor and other direct and indirect costs, overheads and total costs, or unit costs or contract costs, whichever are appropriate.
4.2. Pass-Through Warranty. Cal Water will assign to customers any standard warranty from Cal Water’s contractor or its subcontractor for work, materials, or workmanship for the Work done to install a customer’s facilities (i.e., facilities behind a customer meter), subject, however, to any terms, conditions, or limitations of such warranty.
5. City Responsibilities
5.1. Access to Project Area. The City grants to Cal Water, its employees, representatives, contractors, subcontractors, agents, and all others deemed necessary by Cal Water (collectively, Cal Water Parties), the right to enter and use the portions of the Project Area to perform the Work. The City will obtain from customers in or along the Project Area written permission for Cal Water and Cal Water Parties to temporarily enter on and use the Project Area or portions as necessary for the purposes of the Project, in the form and content of the Right of Entry attached as Exhibit D.
5.2. Permits. The City will use its best efforts to assist Cal Water to obtain any permits, approvals, or authorizations required for the Project.
5.3. Easements. If any easements are required in, on, over, or under any private property for the installation of the facilities or performance of the Work, the City will convey or cause to be conveyed such easements in the name and for the benefit of Cal Water. The facilities that are constructed, placed, or installed on, in, under, or over property and rights of way owned by the City will be kept and maintained under the terms of the franchise agreement between the City and Cal Water then in effect.
253
6. Indemnification; Limitation on Liability
6.1. Mutual Indemnification. Each Party will indemnify, defend, and hold the other party harmless from any and all claims, demands, costs, liabilities, losses, expenses, and damages, including, but not limited to reasonable attorney’s fees and costs, arising out of or in connection with claims of third-parties for personal injury, property damage, breach of contract, tort, inverse condemnation, or otherwise arising from the Project, the Work, or the Parties entry into this Agreement, but only to the extent and proportion such damage or loss is caused by the indemnitor, it being the Parties understanding that each Party will bear its respective liability and portion of fault.
6.2. Property Damage. Nothing in this Agreement limits a Party’s responsibility for costs and expenses for damage or destruction to the other Party’s property caused by a Party, including any employee, agent, contractor, subcontractor, or representative.
6.3. Limitation on Liability. Neither Party will be liable for consequential, incidental, indirect, punitive, or special damages (including loss of profits or anticipated profits, business data, interest or carrying charges on its investment, or goodwill), regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise, and even if advised of the likelihood of such damages.
7. General Terms
7.1. Notices. Any notice required or given under this Agreement will be deemed to have been duly given when deposited in the United States mail, registered or certified, postage prepaid to the address above. Either Party may change its address or contact for notice by giving notice to the other Party.
7.2. Integration. This Agreement constitutes the entire agreement between the Parties respecting the subject matter of this Agreement, and all prior communications, agreements, or understandings between the Parties, whether oral or written, are merged and integrated in this Agreement.
7.3. No Third-Party Beneficiary. This Agreement will not constitute or be deemed, construed, or interpreted to create any rights or benefits in any third-party. No third-party may claim or enforce any term or condition of this Agreement against any Party or on behalf of any Party.
7.4. No Partnership. This Agreement will not create or be deemed or construed to create a partnership or joint venture between the Parties.
7.5. Amendment. This Agreement cannot be amended, except by a written instrument signed or acknowledged by the Parties.
7.6. No Recordation. No Party may record this Agreement, except with the other Party’s prior written consent.
7.7. Survival. The following Sections survive the termination of this Agreement: Section 1.2 (Reasonable Cooperation); Section 6 (Indemnification; Limitation on Liability); and Section 5.3 (Easements).
254
7.8. Governing Law; Venue. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Tulare.
7.9. Counterparts. This Agreement may be signed in one or more counterparts, by electronic, facsimile, PDF, or other electronic means. Each counterpart will be deemed an original and all counterparts, when taken together, will form one and the same instrument. [Remainder of page intentionally left blank. Signatures on following page(s).] 255
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Effective Date.
APPROVED BY CITY COUNCIL
ON [Insert Date]
CITY OF VISALIA
a charter city, State of California
By: By:
Leslie Caviglia Brian Poochigian
Its:City Manager/City Clerk Its:Mayor
APPROVED AS TO FORM:
By:
Kenneth J. Richardson
Its: City Attorney
City
CALIFORNIA WATER SERVICE COMPANY
a California corporation
By:
Thomas Smegal, III
Its: VP, Treasurer & CFO
By:
Michelle Mortensen
Its: VP, Corporate Secretary
Cal Water
256
Exhibit A
Exhibit A
(Summary of Work)
Installation: 700ʹ of 8ʺ Ductile Iron Pipe
30ʹ of 18ʺ Steel Casing
2 8ʺ CL&C Offsets
1 Tie-In (see Detail “A” of Plans)
1 Tie-In (see Detail “B” of Plans)
8 1ʺ Short-Side Service Reconnections
9 1ʺ Long-Side Service Reconnections
1 Fire Hydrant Connection
Removal: 1 8ʺ Blow-Off
257
Exhibit B
Exhibit B
(Map of Project Area)
258
Exhibit C
Exhibit C
(Estimated Cost)
259
Exhibit D
Exhibit D
(Right of Entry)
[Form attached behind cover.]
260
Exhibit D
RIGHT OF ENTRY
(re: [Owner/Address], South Linwood Avenue, Visalia, CA 93277) On this , the undersigned (Grantor) grants to CALIFORNIA WATER SERVICE COMPANY, a California corporation (Grantee) a temporary right of entry to access and use a portion of Grantor’s property at [], South Linwood Avenue, City of Visalia, County of Tulare, State of California, 93277 and as shown in the attached Exhibit A (the Work Area), subject to the terms hereof, in connection with the Work (below):
Excavation and installation of water main, service lines, meters, valves, and boxes Grading or regrading of Work Area
Temporary storage and staging of materials, vehicles, and equipment
1. Due Care. Grantee will use due care for public safety and shall hold the Grantor harmless from and against any claim or demand for loss, liability, or damage, including claims for bodily injury, wrongful death, or property damage, during the term and that arise out of or result from: (1) Grantee’s use, occupancy, maintenance, or enjoyment of the Work Area; (2) Grantee’s failure to maintain the Work Area; and (3) from and against all actions, suits, damages, and claims arising from Grantee’s nonobservance or non-performance of any of the terms, covenants, and conditions of this Right of Entry or the rules, regulations, ordinances, and laws of the federal, state, municipal or county governments.
8. Compliance with Laws. Grantee will observe and abide by all laws, ordinances, rules and regulations applicable to the Work and Work Area and shall secure all licenses, permits and authorizations, including but not limited to all necessary environmental and governmental permits required for the Work.
9. Non-Interference. Grantee will use appropriate precautions and measures to minimize inconveniences to occupants of Grantor’s property (identified above) and residents adjacent to the Work Area.
10. Notice of Entry. Grantee will notify Grantor at least three (3) days before entry on the Work Area.
11. Repair; Restoration. Grantee will restore the surface of the Work Area to the same condition that existed prior to commencement of the Work as nearly as reasonably possible.
12. Term; Termination. The term of this Right of Entry begins on the date written above and automatically terminates on Grantee’s completion of the Work. 261
Exhibit D
IN WITNESS WHEREOF, the person(s) below have signed this Right of Entry as of the year and date first written above.
By:
Its:
By:
Its:
Grantor
CALIFORNIA WATER SERVICE COMPANY,
a California corporation
By:
Its:
By:
Its:
Grantee
262
Exhibit D
Exhibit A
(Work Area)
263
Exhibit F
Exhibit E
(Quitclaim Bill of Sale)
[Form attached behind cover.]
264
Exhibit F
Recording Requested By, and WHEN RECORDED
MAIL TO:
NAME California Water Service Company
ADDRESS 1720 North First Street
CITY San Jose
STATE CA
ZIP 95112
Title: Space above this line for Recorder’s Use
QUITCLAIM BILL OF SALE
Parties:
Grantor: CIVTY OF VISALIA, a charter city, [address]
Grantee: CALIFORNIA WATER SERVICE COMPANY, a California corporation, 1720 North First Street, San Jose, California 95112
Affected APN(s): N/A
The undersigned declares that the documentary transfer tax is County $-0-, City $-0-, and is:
☒ computed on the full value of the interest or property conveyed, or is (Consideration less than $100. R&T Code § 11911.)
☐ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale.
The land, tenements, or realty is located in the: ☐ unincorporated area of /☒ City of Visalia. 265
Exhibit F
QUITCLAIM BILL OF SALE
KNOW ALL BY THESE PRESENTS:
That the CITY OF VISALIA, a charter city (Seller), for good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby remise, release, set over, and quitclaim unto and CALIFORNIA WATER SERVICE COMPANY, a California corporation (Buyer), all of Seller’s right, title, and interest in and to that tangible personal property described in the attached Exhibit A (the Property).
TO HAVE AND TO HOLD the same unto said Buyer and its successors and assigns, as-is, and where-is, absolutely and forever.
Seller covenants with Buyer and its successors and assigns, that Seller, at the request of Buyer, shall execute and deliver further instruments of transfer and assignment and take such other action as Buyer may reasonably request to more effectively transfer and assign to and vest in Buyer the Property.
Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in that unrecorded Grant-Funded Main Installation Agreement, dated ______________, between Seller and Buyer.
Nothing in this Quitclaim Bill of Sale is intended to or shall expand, enlarge, modify, restrict, limit, or abridge any of the terms, representations, warranties, covenants, conditions, agreements, provisions, rights, benefits, obligations, or liabilities of any party beyond that set forth in the GrantFunded Main Installation Agreement. If there is any conflict, ambiguity, or discrepancy between the terms or conditions of that agreement and this Quitclaim Bill of Sale, the terms and conditions of the Grant-Funded Main Installation Agreement will control.
[Remainder of page intentionally left blank. Signatures on following page.] 266
Exhibit F
IN WITNESS WHEREOF, the Seller has executed this Quitclaim Bill of Sale on this ____________.
APPROVED BY CITY COUNCIL ON: CITY OF VISALIA
a charter city
By: By:
[]
Its:City Clerk Its:
APPROVED AS TO FORM:
By:
[]
Its:City Attorney
Seller
267
Exhibit F
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of )
On ____________________________ before me,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ___________________________________________________________________ Document Date: ___________________________________________________Number of Pages:
Signer(s) Other Than Named Above: ____________________________________________________________ Capacity(ies) Claimed by Signer(s)
Signer’s Name: ______________________________
☐ Corporate Officer – Title(s):__________________
☐ Partner – ☐ Limited ☐ General
☐ Individual ☐ Attorney in Fact
☐ Trustee ☐ Guardian or Conservator
☐ Other: __________________________________
Signer is Representing: _______________________
Signer’s Name: _____________________________
☐ Corporate Officer – Title(s): _________________
☐ Partner – ☐ Limited ☐ General
☐ Individual ☐ Attorney in Fact
☐ Trustee ☐ Guardian or Conservator
☐ Other: __________________________________
Signer is Representing: _______________________
268
Exhibit F
©2018 National Notary Association
269
Exhibit F
Exhibit A
(Property)
[Description of Property]
Exhibit F
(City of Visalia Labor Compliance Manual)
[Manual attached behind cover.]
270
Exhibit
F
271
272
273
Grant Agreement No. 46000XXXXX
STATE OF CALIFORNIA
CALIFORNIA NATURAL RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
AGREEMENT NUMBER: 46000XXXXX
FUNDING AGREEMENT BETWEEN THE STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
AND
CITY OF VISALIA
FOR THE
LINWOOD EMERGENCY DROUGHT PROJECT
A PART OF THE SMALL COMMUNITY DROUGHT RELIEF PROGRAM
FUNDED BY
THE BUDGET ACT OF 2021 AS AMENDED
(STATS. 2022, ch. 44, § 25)
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Grant Agreement No. 46000XXXXX
FUNDING AGREEMENT BETWEEN
THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND
CITY OF VISALIA
<SAP AGREEMENT NUMBER>
SMALL COMMUNITY DROUGHT RELIEF PROGRAM
THIS FUNDING AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" and the City of Visalia, a public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:
1. PURPOSE. State shall provide funding pursuant to the Budget Act of 2021, as amended (Stats. 2022, ch. 44, § 25), to the Grantee to assist in financing the Linwood Emergency Drought Project (Project). By executing this Agreement, the Grantee certifies that the purpose of the Project is in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to:
(1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.
2. TERM OF FUNDING AGREEMENT. The term of this Funding Agreement begins on the date this Funding Agreement is initially executed by State, through final payment plus three (3) years unless otherwise terminated or amended as provided in this Agreement. However, all work shall be completed by December 31, 2024, and no funds may be requested after March 31, 2025.
3. PROJECT COST. The reasonable cost of the Project is estimated to be $968,288.
4. FUNDING AMOUNT. The maximum amount payable by the State under this Agreement shall not exceed $968,288.
5. GRANTEE REQUIRED COST SHARE. Grantee agrees to fund the difference between the actual Project Cost in Paragraph 3 and the amount specified in Paragraph 4, if any.
6. BASIC CONDITIONS. State shall have no obligation to disburse money for the Project under this Funding Agreement until Grantee has satisfied the following conditions:
A. For the term of this Funding Agreement, Grantee submits timely Quarterly Progress Reports as required by Paragraph 13, “Submission of Reports.”
B. Grantee submits all deliverables as specified in Paragraph 13 of this Funding Agreement and in Exhibit A.
C.Prior to the commencement of construction or implementation activities, Grantee shall submit the following to the State:
i. Final plans and specifications certified by a California Registered Civil Engineer as to compliance for the Project as listed in Exhibit A of this Funding Agreement. ii. Work that is subject to the California Environmental Quality Act (CEQA) and or environmental permitting shall not proceed under this Funding Agreement until the following actions are performed:
a. Grantee submits to the State all applicable environmental permits as indicated on the Environmental Information Form to the State, and
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b. Documents that satisfy the CEQA process are received by the State, and c. Grantee receives written concurrence from the State of the Lead Agency’s CEQA document(s) and State notice of verification of environmental permit submittal.
State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, State will consider the environmental documents and decide whether to continue to fund the Project or to require changes, alterations, or other mitigation. Grantee must also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including environmental impact statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/implementation.
7. DISBURSEMENT OF FUNDS. State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Funding Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations pursuant to any federal statute or regulation. Any and all money disbursed to Grantee under this Funding Agreement shall be deposited in a separate account and shall be used solely to pay Eligible Project Costs.
8. ELIGIBLE PROJECT COST. Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition, legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Work performed on the Project after August 6, 2021, shall be eligible for reimbursement.
Costs that are not eligible for reimbursement include, but are not limited to the following items:
A. Costs incurred prior to August 6, 2021.
B. Operation and maintenance costs, including post-construction performance and monitoring costs.
C. Purchase of equipment not an integral part of the Project.
D. Establishing a reserve fund.
E. Monitoring and assessment costs for efforts required after Project construction is complete.
F. Replacement of existing funding sources for ongoing programs.
G. Payment of federal or state taxes.
H. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law.
I. Support of existing agency requirements and mandates (e.g., punitive regulatory agency requirement).
J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or land purchased prior to August 6, 2021.
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Grant Agreement No. 46000XXXXX
K. Overhead and indirect costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project).
Examples of Indirect Costs include but are not limited to: central service costs; general administration of the Grantee; non-project-specific accounting and personnel services performed within the Grantee’s organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition; conference fees; and, generic overhead or markup. This prohibition applies to the Grantee and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.
9. METHOD OF PAYMENT. After the disbursement requirements in Paragraph 6 “Basic Conditions” are met, State will disburse the whole or portions of State funding to Grantee, following receipt from Grantee via US mail or Express mail delivery of a “wet signature” invoice, or an electronic invoice certified and transmitted via DocuSign for costs incurred, including Cost Share, and timely Quarterly Progress Reports as required by Paragraph 13, “Submission of Reports.” Payment will be made no more frequently than monthly, in arrears, upon receipt of an invoice bearing the Funding Agreement number. State will notify Grantee, in a timely manner, whenever, upon review of an Invoice, State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to State. Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to State to cure such deficiency(ies). If Grantee fails to submit adequate documentation curing the deficiency(ies), State will adjust the pending invoice by the amount of ineligible or unapproved costs.
Invoices submitted by Grantee shall include the following information:
A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.
B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for the Project during the period identified in the particular invoice for the implementation of the Project.
C. Invoices shall be submitted on forms provided by State and shall meet the following format requirements:
i. Invoices must contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoices must be itemized based on the categories (i.e., tasks) specified in Exhibit B. The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, timesheets) must be provided for all costs included in the invoice.
iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 4, “Funding Amount” and those costs that represent Grantee’s costs, as applicable, in Paragraph 5, “Grantee Required Cost Share.” v. Invoices can be submitted by one of the following methods. a. Via email at [email protected]
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Grant Agreement No. 46000XXXXX
b. Mail the invoice with the original “wet signature” to the following address: Jesus Mercado, Department of Water Resources, South Central Region Office, 691 N Laverne Ave Ste 104, Fresno, CA 93727
All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs/cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572- 1573; Pen. Code, §§ 115, 470, 487-489.)
10. WITHHOLDING OF DISBURSEMENTS BY STATE. If State determines that the Project is not being implemented in accordance with the provisions of this Funding Agreement, or that Grantee has failed in any other respect to comply with the provisions of this Funding Agreement, and if Grantee does not remedy any such failure to State’s satisfaction, State may withhold from Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests. Where a portion of the State funding has been disbursed to the Grantee and State notifies Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 11, the portion that has been disbursed shall thereafter be repaid immediately as directed by State. State may consider Grantee’s refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Paragraph 11, “Default Provisions.” If State notifies Grantee of its decision to withhold the entire funding amount from Grantee pursuant to this Paragraph, this Funding Agreement shall terminate upon receipt of such notice by Grantee and the State shall no longer be required to provide funds under this Funding Agreement and the Funding Agreement shall no longer be binding on either party.
11. DEFAULT PROVISIONS. Grantee will be in default under this Funding Agreement if any of the following occur:
A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Grantee and State evidencing or securing Grantee’s obligations.
B. Making any false warranty, representation, or statement with respect to this Funding Agreement, the application, or any documents filed to obtain grant funding.
C. Failure to operate or maintain the Project in accordance with this Funding Agreement.
D. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5.
E. Failure to submit timely progress reports.
F. Failure to routinely invoice State.
G. Failure to meet any of the requirements set forth in Paragraph 12, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Grantee and shall give Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via 278
Grant Agreement No. 46000XXXXX
first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, State may do any of the following:
A. Declare the funding disbursed be immediately repaid.
B. Terminate any obligation to make future payments to Grantee.
C. Terminate the Funding Agreement.
D. Take any other action that it deems necessary to protect its interests.
In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Grantee agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.
12. CONTINUING ELIGIBILITY. Grantee must meet the following ongoing requirement(s) to remain eligible to receive State funds:
A. Grantee must adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406) for data sharing, transparency, documentation, and quality control.
B. If the Grantee diverting surface water, the Grantee must maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et seq.
C. If applicable, maintain compliance with the Urban Water Management Planning Act (Wat. Code, § 10610 et seq.).
D. If applicable, maintain compliance with Sustainable Water Use and Demand Reduction requirements outlined in Water Code Section 10608, et seq.
E. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf. “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.
The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
13. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Funding Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to State. All reports shall be submitted to the State’s Project Manager and shall be submitted via email or DWR’s “Grant Review and Tracking System” (GRanTS). If requested, Grantee shall promptly provide any additional information deemed necessary by State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F. The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State, of a Project Completion Report is a requirement for the release of any funds retained for such project.
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Grant Agreement No. 46000XXXXX
A. Quarterly Progress Reports: Grantee shall submit Quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Quarterly Progress Reports shall be sent directly to the Project Manager via email or uploaded via GRanTS, and the State’s Project Manager notified of upload. Quarterly Progress Reports shall, in part, provide a brief description of the work performed, Grantee’s activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Funding Agreement during the reporting period. The first Quarterly Progress Report should be submitted to the State no later than three months after the execution of the agreement with future reports then due on successive three-month increments based on the invoicing schedule and this date.
B. Project Completion Report: Grantee shall prepare and submit to State a Project Completion Report for the Project. Grantee shall submit the Project Completion Report within ninety (90) calendar days of project completion. The Project Completion Report shall include, in part, a description of actual work done, any changes or amendments to the Project, and a final schedule showing actual progress versus planned progress, copies of any final documents or reports generated or utilized during the Project. The Project Completion Report shall also include, if applicable, certification of final project by a registered civil engineer, consistent with Standard Condition D.17, “Final Inspections and Certification of Registered Civil Engineer”. A DWR “Certification of Project Completion” form will be provided by the State.
14. OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by State, Grantee agrees to ensure or cause to be performed the commencement and continued operation of the Project, and shall ensure or cause the Project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. Grantee or their successors may, with the written approval of State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Funding Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal of Grantee to ensure operation and maintenance of the Project in accordance with this provision may, at the option of State, be considered a breach of this Funding Agreement and may be treated as default under Paragraph 11, “Default Provisions.”
15. NOTIFICATION OF STATE. Grantee shall promptly notify State, in writing, of the following items:
A. Events or proposed changes that could affect the scope, budget, or work performed under this Funding Agreement. Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.
B. Any public or media event publicizing the accomplishments and/or results of this Funding Agreement and provide the opportunity for attendance and participation by State’s representatives. Grantee shall make such notification at least 14 calendar days prior to the event.
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Grant Agreement No. 46000XXXXX
C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State.
D. The initiation of any litigation or the threat of litigation against the Grantee regarding the Project or that may affect the Project in any way.
E. Final inspection of the completed work on a project by a Registered Civil Engineer, in accordance with Standard Condition D.17, “Final Inspections and Certification of Registered Civil Engineer.” Grantee shall notify the State’s Project Manager of the inspection date at least 14 calendar days prior to the inspection in order to provide State the opportunity to participate in the inspection.
16. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Funding Agreement shall be in writing. Notices may be transmitted by any of the following means:
A. By delivery in person.
B. By certified U.S. mail, return receipt requested, postage prepaid.
C. By “overnight” delivery service, provided that next-business-day delivery is requested by the sender.
D. By electronic means.
E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the below addresses. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.
17. PERFORMANCE EVALUATION. Upon completion of this Funding Agreement, Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.
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18. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Funding Agreement are as follows:
Department of Water Resources
Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 902-6713
Email: [email protected]
City of Visalia
Leslie Caviglia, City Manager
315 E Acequia Ave
Visalia, CA 93291
Phone: (559) 713-4332
Email: [email protected]
Direct all inquiries to the Project Manager:
Department of Water Resources
Jesus Mercado
Engineer, Water Resources
691 North Laverne Avenue
Fresno, CA 937276
Phone: (559) 552-4450
Email: [email protected]
City of Visalia
Cody McLaughlin,
Project Manager
315 E Acequia Ave
Visalia, CA 93291
Phone: (559) 713-4595
Email: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.
19. STANDARD PROVISIONS AND INTEGRATION. This Funding Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Funding Agreement by this reference:
Exhibit A – WORK PLAN
Exhibit B – BUDGET
Exhibit C – SCHEDULE
Exhibit D – STANDARD CONDITIONS
Exhibit E – GRANTEE’S AUTHORIZING RESOLUTION
Exhibit F – REPORT FORMATS AND REQUIREMENTS
Exhibit G – STATE AUDIT DOCUMENT REQUIREMENTS
Exhibit H – INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE Exhibit I – APPRAISAL SPECIFICATIONS
Exhibit J – ADVANCE PAYMENT
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IN WITNESS WHEREOF, the parties hereto have executed this Funding Agreement.
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
______________________________
Arthur Hinojosa, Manager
Division of Regional Assistance
Date__________________________
CITY OF VISALIA
______________________________
Leslie Caviglia, City Manager
Date__________________________
Approved as to Legal Form and Sufficiency
______________________________
Robin Brewer, Assistant General Counsel
Office of General Counsel
Date__________________________
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Exhibit A
WORK PLAN
Project Title: Linwood Emergency Drought Project
Grantee: City of Visalia
Project Description: The Project is comprised of the extension of a new 8-inch waterline approximately 750 feet north along Linwood Street from Mineral King Avenue, 12 lateral service connections and one lateral service stub, and 12 backflow prevention devices. The Project will need to jack and bore underneath the concrete culvert of Persian Ditch to provide the extension of the 8-inch mainline along Linwood Street. The Project will also include decommissioning of existing wells, re-routing and connection of existing private plumbing to the newly provided local water service, and installation of cross-contamination prevention equipment.
The Grantee is assisting residents located along Linwood Street between Mineral King Avenue and Crowley Avenue. Twelve properties along Linwood Street do not have a domestic water connection to the local service line and operate with their water supply sourced from private wells. Six of the twelve properties are currently on a temporary water supply, due to their private well sources going dry.
Task 1 – Project Coordination and Outreach
This task includes conducting outreach to property owners and tenants to provide updates on the Project and facilitate communication between project participants. Management of coordination between property owners and tenants, DWR’s Project Manager, and other involved parties will be continuous throughout the Project. Reports detailing work completed during the reporting periods will be prepared to keep DWR’s Project Manager informed of project progress and unexpected delays/problems. Reporting includes preparing and submitting Quarterly Progress Reports and submitting to DWR. Also includes preparing the draft Grant Completion Report and Final Grant Completion Report incorporating DWR’s comment on the draft final report. All reports should be prepared as specified in Exhibit F of this Agreement.
The Grantee will partner with a local non-profit organization to assist with project coordination and outreach services.
Deliverables
Quarterly Progress Reports
Grant Completion Report
Final Grant Completion Report
Task 2 – Project Management and Environmental
This task includes project management activities including invoicing, CEQA documentation, and permitting. The Grantee will oversee and manage all tasks and verify all deliverables and requirements per the Grant Agreement are satisfied. 284
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All applicable environmental requirements per current CEQA guidelines will be completed and submitted. The Environmental Information Form (EIF) and CEQA documents will be completed and submitted to DWR Project Manager for review and concurrence.
Task 2.1 – Project Management
This task includes working with DWR to develop and execute the grant agreement, administration of the Project including overseeing the budget and schedule, preparing and submitting reimbursement requests for payments to engineers and contractors, and other activities related to the completion of the Project.
Administration includes attending monthly meetings (as needed) with the DWR Project Manager.
Reimbursement requests include preparing and submitting invoices and appropriate backup documentation to the DWR Project Manager describing the work completed and listing the costs incurred during the billing cycle.
Deliverables
Record retention
Invoices, and all required backup documentation
Task 2.2 – Environmental Documentation
This task includes completing all applicable environmental requirements per current CEQA guidelines and submitting them to DWR’s Project Manager for review and DWR’s concurrence prior to beginning construction.
Deliverables
Environmental Information Form
CEQA Documentation
Task 3 – Planning and Design
This task includes preparing design documents to include final design plans, specifications, and cost estimates. Design documents will be submitted to the DWR Project Manager for review.
Task 3.1 – Design Plans and Specifications
Design Plans and documents will be provided to DWR Grant Manager for review.
Deliverables
Final design plans, specifications, and cost estimate Task 4 – Construction
This task includes the execution of the construction and implementation of the design.
Task 4.1 – Permitting
This task includes obtaining required permits from local jurisdictions to ensure Project aspects are completed per design plans and specifications. Required permits are, including but not limited to, well abandonment or well destruction permitting, encroachment permit for work in the public right of way, and building permits for work occurring on private property.
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Task 4.2 – Contract Services
This task includes establishing an agreement with a contractor for the design and construction services required of this Project. Any contract for goods and services precured under this Agreement shall be in accordance with Paragraph D.10.
Task 4.3 – Construction Management
This task includes performing construction management services for the Project.
Construction management services will ensure construction is administered per the contract documents and work is in conformance with the design documents.
Services will also include the review of submittals and requests for information, review and track project schedule, review of change orders if any, and file notice of completion.
Task 4.4 – Construction
This task includes installing approximately 750 feet of pipeline, 12 backflow devices, 12 service meters, and 1 service stub during the construction phase. To complete the installation of water service and extension of the 8-inch mainline along Linwood Street, jack and bore underneath the concrete culvert of Persian Ditch will be required. The Project will include trench backfill, compaction, pavement restoration, and line testing. Parcels receiving water service will have private plumbing redirected to new points of service and private wells and connections will be abandoned or backflow prevention devices will be installed.
Deliverables:
Construction Site Pictures
Copy of agreements with other parties
Notices to property owners and tenants
Well abandonment reports
Copies of permits
Construction schedule
Construction reports
Certification of Project Completion
As-Built Drawings
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Exhibit B
BUDGET
All work associated with the Project must be completed prior to payment of retention.
Backup documentation for cost share will not be reviewed for the purposes of invoicing. The Grantee is required to maintain all financial documents related to the Project in accordance with Exhibit G (State Audit Document Requirements for Grantees).
Tasks Funding
Amount
Task 1 – Project Coordination and Outreach $ 29,617
Task 2 – Project Management and Environmental $ 69,500
Task 3 – Planning and Design $ 85,000
Task 4 – Construction $ 784,171
Grand Total $ 968,288
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Exhibit C
SCHEDULE
Tasks Start Date End Date
Task 1 – Project Coordination and Outreach 8/6/2021 12/31/2024 Task 2 – Project Management and Environmental 8/6/2021 12/31/2024 Task 3 – Planning and Design 8/6/2021 12/28/2024
Task 4 – Construction 6/1/2022 12/31/2024
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Exhibit D
STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:
A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Funding Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.
B. Disposition of Money Disbursed: All money disbursed pursuant to this Funding Agreement shall be deposited in a separate account, administered, and accounted for pursuant to the provisions of applicable law.
C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Funding Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Funding Agreement, whichever comes first.
D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.
D.3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.
D.4. AMERICANS WITH DISABILITIES ACT: By signing this Funding Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the 289
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basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may elect to pursue any remedies provided in Paragraph 11 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.
Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.
D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Funding Agreement and Grantee shall not be obligated to perform any provisions of this Funding Agreement. Nothing in this Funding Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to State or offer a Funding Agreement amendment to Grantee to reflect the reduced amount.
D.7. CEQA: Activities funded under this Funding Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the 290
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Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 11.
D.8. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:
A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and
B. The Grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
D.9. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim. State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.
D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/State-Contracting.
D.11. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
D.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken.
Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.
A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a 291
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condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.
B. Former State Employees: For the two-year period from the date, he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelvemonth period from the date, he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.)
D. Employees and Consultants to the Grantee: Individuals working on behalf of the Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.
D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State.
D.14. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item.
Within 60 calendar days of receipt of such inventory, State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.
D.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by the Government Code section 8355.
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B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and
iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.
C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment, contract, or subcontract.
D.16. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property already owned in fee by the Grantee using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in the first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.
Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.
Failure to provide an easement acceptable to the State may result in termination of this Agreement.
D.17. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER:
Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Civil Engineer that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Funding Agreement.
D.18. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
D.19. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:
A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).
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B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding.
C. Comply with all applicable California, federal, and local laws and regulations.
D. Implement the Project in accordance with applicable provisions of the law.
E. Fulfill its obligations under the Funding Agreement and be responsible for the performance of the Project.
F. Obtain any and all permits, licenses, and approvals required for performing any work under this Funding Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State.
G. Be solely responsible for design, construction, and operation, and maintenance of the Project. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.
H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work.
D.20. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including any breach of this Agreement. Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.
D.21. INDEPENDENT CAPACITY: Grantee, and the agents and employees of the Grantee, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.
D.22. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, 294
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and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.
D.23. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grantee. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.
D.24. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at:
http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR’s Public Works Manual at: http://www.dir.ca.gov/dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.
D.25. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C that concern the budget and schedule without formally amending this Funding Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non-material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.
D.26. NONDISCRIMINATION: During the performance of this Funding Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, gender identity, and denial of medical and family care leave or pregnancy disability leave. Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations 295
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under this clause to labor organizations with which they have a collective bargaining or other agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.
D.27. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
D.28. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.) D.29. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.
D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State.
Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee to meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.
D.31. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representatives of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.
D.32. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Funding Agreement, any remaining funds revert to the State. The State will notify the Grantee stating that the Project file is closed, and any remaining balance will be disencumbered and unavailable for further use under this Funding Agreement.
D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.
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D.34. RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for reimbursement of Eligible Project Costs until the Project is completed and Final Report is approved. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project.
D.35. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov.
Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this Paragraph for any public purpose.
D.36. SEVERABILITY: Should any portion of this Funding Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as modified.
D.37. SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that:
A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Funding Agreement.
D.38. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.
D.39. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.
D.40. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 11, the State may terminate this Funding Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Funding Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 11.
D.41. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination. 297
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D.42. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.
D.43. TIMELINESS: Time is of the essence in this Funding Agreement.
D.44. TRAVEL: Travel includes the reasonable and necessary costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Funding Agreement. Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources for excluded employees. These rates may be found at:
http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.
Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.
D.45. UNION ORGANIZING: Grantee, by signing this Funding Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Funding Agreement. Furthermore, Grantee, by signing this Funding Agreement, hereby certifies that:
A. No State funds disbursed by this Funding Agreement will be used to assist, promote, or deter union organizing.
B. Grantee shall account for State funds disbursed for a specific expenditure by this Funding Agreement to show those funds were allocated to that expenditure.
C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.
D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request.
D.46. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.
D.47. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.
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Exhibit E
GRANTEE’S AUTHORIZING RESOLUTION
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Exhibit F
REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.
1. PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information.
PROJECT STATUS
Describe the work performed during the time period covered by the report including but not limited to:
PROJECT INFORMATION
Legal matters
Engineering Evaluations
Environmental matters
Status of permits, easements, rights-of-way, rights of entry, and approvals as may be required by other State, federal, and/or local agencies Major accomplishments during the quarter (i.e., tasks completed, milestones met, meetings held or attended, press releases, etc.)
Issues/concerns that have, will, or could affect the schedule or budget, with a recommendation on how to correct the matter
Describe differences between the work performed and the work outlined in the Overall Work Plan, including change orders
Demonstrate financial ability to pay local cost share of Eligible Project Costs required to complete the Project
Estimate the percentage completion of the overall project Identify key issues that need to be resolved
Photos documenting progress
COST INFORMATION
Provide a list showing all project costs incurred during the time period covered by the report by the Grantee and each contractor working on the Project and which of these costs are Eligible Project Costs
A discussion on how the actual budget is progressing in comparison to the project budget included in the Overall Work Plan
A list of any changes approved to the budget in accordance with Funding Agreement and a revised budget, by task, if changed from latest budget in the Overall Work Plan
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A discussion of whether there have been any changes to the Grantee’s finance plan for payment of the Grantee’s share of Eligible Project Costs
SCHEDULE INFORMATION
A schedule showing actual progress versus planned progress A discussion on how the actual schedule is progressing in comparison to the original or last reported schedule
A list of any changes approved to the Schedule in accordance with Funding Agreement and a revised schedule, by task, if changed from latest reported schedule
2. PROJECT COMPLETION REPORT
Project Completion Reports shall generally use the following format.
EXECUTIVE SUMMARY – Should include a brief summary of project information and include the following items:
Brief description of work proposed to be done in the original application Description of actual work completed and any deviations from the work plan identified in the Funding Agreement
REPORTS AND/OR PRODUCTS – The following items should be provided Final Evaluation report
Electronic copies of any data collected, not previously submitted As-built drawings
Final geodetic survey information
Self-Certification that the Project meets the stated goal of the funding agreement (e.g. 100-year level of flood protection, HMP standard, PL-84-99, etc.) Project photos
Discussion of problems that occurred during the work and how those problems were resolved
A final project schedule showing actual progress versus planned progress COSTS AND DISPOSITION OF FUNDS – A list showing:
The date each invoice was submitted to State
The amount of the invoice
The date the check was received
The amount of the check (If a check has not been received for the final invoice, then state this in this section.)
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A summary of the payments made by the Grantee for meeting its cost sharing obligations under this Funding Agreement.
A summary of final funds disbursement including:
o Labor cost of personnel of agency/ major consultant /sub-consultants.
Indicate personnel, hours, rates, type of profession, and reason for consultant, i.e., design, CEQA work, etc.
o Evaluation cost information, shown by material, equipment, labor costs, and any change orders
o Any other incurred cost detail
o A statement verifying separate accounting of funding disbursements Summary of project cost including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed; and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original project cost estimate.
ADDITIONAL INFORMATION – Any relevant additional Information should be included.
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Exhibit G
STATE AUDIT DOCUMENT REQUIREMENTS
The following provides a list of documents typically required by State Auditors and general guidelines for Grantees. List of documents pertains to both State funding and Grantee’s Cost Share, if any, and details the documents/records that State Auditors would need to review in the event of this Funding Agreement is audited. Grantees should ensure that such records are maintained for three (3) years after final disbursement pursuant to this Agreement.
State Audit Document Requirements
Internal Controls
1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project).
2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State-funded Program/Project
3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.
4. Prior audit reports on the State funded Program/Project.
State Funding:
1. Original Funding Agreement, any amendment(s), and budget modification documents.
2. A listing of all grants, loans, or subventions received from the State.
3. A listing of all other funding sources for the Program/Project.
Contracts:
1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.
2. Contracts between the Agency and member agencies as related to the State-funded Program/Project.
Invoices:
1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Funding Agreement.
2. Documentation linking subcontractor invoices to State reimbursement, requests, and related Funding Agreement budget line items.
3. Reimbursement requests submitted to the State for the Funding Agreement.
Cash Documents:
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1. Receipts (copies of warrants) showing payments received from the State.
2. Deposit slips (or bank statements) showing deposits of the payments received from the State.
3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.
4. Bank statements showing the deposit of the receipts.
Accounting Records:
1. Ledgers showing entries for funding receipts and cash disbursements.
2. Ledgers showing receipts and cash disbursement entries of other funding sources.
3. Bridging documents that tie the general ledger to requests for Funding Agreement reimbursement.
Administration Costs:
1. Supporting documents showing the calculation of administration costs.
Personnel:
1. List of all contractors and Agency staff that worked on the State funded Program/Project.
2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program
Project Files:
1. All supporting documentation maintained in the project files.
2. All Funding Agreement related correspondence.
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Exhibit H
INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
The Grantee must provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents must be submitted within the term of this Funding Agreement and after a qualified appraisal has been approved.
Name and Address of Title Company Handling the Escrow Escrow Number
Name of Escrow Officer
Escrow Officer’s Phone Number
Dollar Amount Needed to Close Escrow
Legal Description of Property Being Acquired
Assessor’s Parcel Number(s) of Property Being Acquired Copy of Title Insurance Report
Entity Taking Title as Named Insured on Title Insurance Policy Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes Copy of Final Escrow Instructions
Verification that all Encumbrances (Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title Copy of Deed for Review Purposes Prior to Recording
Copy of Deed as Recorded in County Recorder’s Office
Copy of Escrow Closure Notice
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Exhibit I
APPRAISAL SPECIFICATIONS
For property acquisitions funded this Funding Agreement, the Grantee must submit an appraisal for review and approval by the Department of General Services or DWR’s Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. All appraisal reports, regardless of report format, must include all applicable Appraisal Specifications below. Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser’s conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be narrative analysis regardless of the reporting format.
1. Title page with sufficient identification of appraisal assignment.
2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value and date of report.
3. Table of contents.
4. Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as needed.
5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.
6. Definition of Fair Market Value, as defined by Code of Civil Procedure, section 1263.320.
7. Photographs of subject property and comparable data, including significant physical features and the interior of structural improvements, if applicable.
8. Copies of Tax Assessor’s plat map with the subject marked along with all contiguous assessor’s parcels that depict the ownership.
9. A legal description of the subject property, if available.
10.For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries.
11.Three-year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.
12.Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required increased diligence since state agencies often utilize non-profit organizations to quickly acquire sensitive-habitat parcels using Option Agreements.
However, due to confidentiality clauses, the terms of the Option are often not disclosed to the state. If the appraiser discovers evidence of an Option or the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client.
13.Regional, area, and neighborhood analyses. This information may be presented in a summary format.
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14.Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. This information may be presented in a summary format.
15.Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite improvements, access, land features such as levees and creeks, offsite improvements, easements and encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.).
16.Description of subject improvements including all structures, square footage, physical age, type of construction, quality of construction, condition of improvements and/or identification of any permanent plantings. Discussion of construction cost methodology, costs included and excluded, accrued depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure, and incurable items.
Construction cost data must include cost data source, date of estimate or date of publication of cost manual, section and page reference of cost manual, copies of cost estimate if provided from another source, replacement or reproduction cost method used, and supporting calculations including worksheets or spreadsheets.
17.Subject property leasing and operating cost history, including all items of income and expense.
18.Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals, Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger parcel is not the entire ownership.
19.Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit. Discuss the title exceptions and analyze the effect of title exceptions on fair market value.
20.For appraisals of partial takings or easements, a detailed description of the taking or easement area including surface features and topography, easements, encumbrances or improvements including levees within the subject partial take or easement, and whether the take area is characteristic of the larger parcel. Any characteristics of the taking area, including existing pre-project levees that render the take area different from the larger parcel must be addressed in the valuation.
21.Opinion of highest and best use for the subject property, based on an in depth analysis supporting the concluded use which includes the detail required by the complexity of the analysis. Such support typically requires a discussion of the four criteria of tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash flow, and risk factors leading to an ultimate highest and best use decision.
22.All approaches to market value applicable to the property type and in the subject market. Explain and support the exclusion of any usual approaches to value.
23.Map(s) showing all comparable properties in relation to the subject property.
24.Photographs and plat maps of comparable properties.
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25.In depth discussion of comparable properties, similarities and differences compared to the subject, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties must include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used.
26.Comparable data sheets.
a) For sales, include information on grantor/grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source. b) For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. c) For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements must be segregated from the land value.
27.For appraisals of easements, a before and after analysis of the burden of the easement on the fee, with attention to how the easement affects highest and best use in the after condition. An Easement Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for a secondary basis of value.
28.For partial taking and easement appraisals, valuation of the remainder in the after condition and analysis and identification of any change in highest and best use or other characteristics in the after condition, to establish severance damages to the remainder in the after condition, and a discussion of special and general benefits, and cost to cure damages or construction contract work.
29.There are occasions where properties involve water rights, minerals, or salable timber that require separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable timber must be completed by a credentialed subject matter specialist.
30.For partial taking and easement appraisals, presentation of the valuation in California partial taking acquisition required format.
31.Implied dedication statement.
32.Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to the subject, and explain and support conclusions reached.
33.Discussion of any departures taken in the development of the appraisal. 309
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34.Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice.
35.If applicable, in addition to the above, appraisals of telecommunication sites must also provide:
a) A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area.
b) An analysis of other (ground and vault) leases comparable to subject property.
Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs. 310
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Exhibit J
ADVANCE PAYMENT
Water Code section 13198.4(c) authorizes advanced payment by the State for grantees that demonstrate cash flow issues. A project may receive an advanced payment of twentyfive (25) percent of its grant award; the remaining seventy-five (75) percent of the grant award will be reimbursed in arrears after the advanced funds have been fully expended.
Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment. The Advanced Payment Request shall contain the following:
A. If the Grantee is requesting the advanced payment, the request(s) shall include:
1. Descriptive information of each project with an update on project status
2. Description and documentation of the cash flow issues the Grantee has that requires funds to be advanced
3. The names of the entities that will receive the funding for each project
4. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds.
5. Any other information that DWR may deem necessary
B. Upon review and approval of the Advanced Payment Request, DWR may authorize payment of the requested amount or a lesser amount for those entities that have requested advanced funds. Based on the project’s Funding Plan and other considerations, DWR may develop a “Disbursement Schedule,” to disburse funds in installments. This Disbursement Schedule may change based on the project’s ongoing compliance with the Advanced Payment requirements and the project’s cash flow needs.
C. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the “Disbursement Schedule” containing the request for each project requesting advanced funds, to the State with signature and date of the Grantee’s Project Representative, as indicated in Paragraph 18, “Project Representative.” The Grantee shall be responsible for the timely distribution of the advanced funds. The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:
1. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.
2. Invoice shall be itemized based on the budget categories specified in Exhibit B, “Budget.”
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3. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report.
4. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget.
The Accountability Report shall include the following information:
i. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B.
ii. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved.
iii. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account. iv. Proof of distribution of advanced funds, if applicable.
D. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 9, “Method of Payment.”
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AGREEMENT FOR GRANT ADMINISTRATION SERVICES
THIS AGREEMENT, effective as of INSERT DATE, by and between the City of Visalia, hereinafter referred to as City, and Self-Help Enterprises, hereinafter referred to as SHE:
WHEREAS project financing is through the Department of Water Resources agreement no. [insert number] ;
WHEREAS City desires to obtain administrative services from SHE for the PROJECT; and WHEREAS SHE agrees to perform services required for PROJECT.
IT IS AGREED AS FOLLOWS:
1. WORK TO BE PERFORMED
SHE agrees to provide the services described in ATTACHMENT A, Scope of Work.
2. COMPENSATION
Each month, SHE will submit an invoice for services provided under this Agreement during the previous month. Charges for staff services are to be billed on an hourly basis, at the SHE charge rates in effect during the period in which services are provided (see Attachment B). Third party charges and out of pocket costs such as printing, copying, and shipping are to be billed at actual cost. The total cost for all services provided under this Agreement shall not exceed TWENTY SIX THOUSAND SIXTEEN DOLLARS ($29,616).
3. TERM OF AGREEMENT
This Agreement shall take effect when both parties have signed it and expire on [DATE], or the date of any mutually agreed to extension in conjunction with [project no.].
4. INDEPENDENT CONTRACTOR STATUS
It is mutually understood that, in performing the services herein specified, SHE shall act as an Independent Contractor and shall have control of the work and the manner in which it is performed.
SHE shall be responsible for providing legally mandated benefits and to comply with the state and federal withholding regulations. City retains the general right of inspection in order to judge whether, in City's opinion, SHE is performing the work in accordance with the terms of this Agreement.
5. SUBCONTRACTS AND ASSIGNMENT
SHE shall not subcontract or assign any work specified under this Agreement without the approval of City, in writing.
Commented [ED1]: Grant end date.
Commented [ED2]: Add project number
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6. INDEMNIFICATION
SHE shall hold harmless, defend and indemnify the City, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, including City property, arising out of the activities of SHE or its agents, officers and employees under this Agreement. This indemnification specifically includes any claims that may be made against SHE by any taxing authority asserting that an employer employee relationship exists by reason of this Agreement. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.
The City shall hold harmless, defend and indemnify SHE, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, including SHE property, arising out of the activities of City or its agents, officers and employees under this Agreement. This indemnification specifically includes any claims that may be made against the City by any taxing authority asserting that an employer-employee relationship exists by reason of this Agreement. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.
7. INSURANCE
SHE shall carry workers' compensation insurance as prescribed by law. The City shall require SHE to name the City as additional insured on all liability insurance SHE is required to carry under this agreement.
Before any work commences, SHE shall furnish City with a Certificate of Insurance with combined single limits of at least $500,000 for bodily injuries and property damages on each occurrence.
8. TERMINATION
Either party shall have the right to terminate this Agreement provided the other party is notified in writing thirty days prior to the effective termination date. If so terminated, SHE shall be entitled to compensation for services provided prior to termination.
9. GOVERNING LAW
This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. Any litigation arising out of this Agreement shall be brought in Tulare County, California. The parties waive the removal provisions of California code of Civil Procedure Section 394.
10. WAIVERS
The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. 314
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The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.
11. RECITALS AND HEADINGS
The Recitals to this Agreement are fully incorporated into and are integral parts of this Agreement.
Section and paragraph headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
12. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY
This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void.
If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.
13. FURTHER ASSURANCES
Each party agrees to execute any additional documents and to perform any further acts which may be reasonably required to effect the purposes of this Agreement.
14. SEVERABILITY
If any term, condition, covenant, provision or part thereof of this Agreement is, or is declared, invalid, void or unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.
15. INTEGRATION
This Agreement represents the complete and entire understanding between the parties as to those matters contained herein. No prior oral or written understanding, except as expressly provided herein, shall be of any force or effect with respect to those matters covered herein. This Agreement may only be modified or amended in writing, signed by all parties, except as otherwise specifically provided herein.
16. NOTICES
Notices to either party shall be deemed to have been provided by depositing the same, postage prepaid, with the United States Postal Service, addressed as follows:
City of Visalia
[Contact]
[Address]
Self-Help Enterprises
Thomas J. Collishaw, President/CEO
PO Box 6520
Visalia CA 93290
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above written.
Attest CITY OF VISALIA
Officer Title
__________________________________________\
Date
SELF-HELP ENTERPRISES
Thomas J. Collishaw, President/CEO
__________________________________________\
Date
Attachments:
A. Scope of Work
B. SHE Charge Rates
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ATTACHMENT A - SCOPE OF WORK
GRANT ADMINISTRATIVE SERVICES FOR PROJECT NO.
Self-Help Enterprises (SHE) will assist the City of Visalia with grant administration and community outreach for the [Project Name, Project No.].
Services include:
Task 1: Outreach to the property owners along Linwood Avenue that are eligible for connection to the CalWater Visalia water system, including door to door outreach and following up with the property owners
Task 2: Grant agreement administration, including preparing reports and claims and providing coordination for all stakeholders (City of Visalia, Cal Water, and DWR) Proposed Budget:
Task Description Personnel
Subtotal
Direct
Expenses
Subtotal
Task
Subtotal
Task 1 - Outreach
Door to Door Outreach $ 4,508 $ 100 $ 4,608
Update Property Owners $ 2,342 $ 100 $ 2,442
Task 1 Subtotal $ 6,849 $ 200 $ 7,049
Task 2 - Grant Agreement Administration
Reporting $ 4,121 $ 100 $ 4,221
Claims $ 4,683 $ 100 $ 4,783
Project Coordination w/Stakeholders $ 12,563 $ 1,000 $ 13,563 Task 2 Subtotal $ 21,368 $ 1,200 $ 22,568
TOTAL $ 28,217 $ 1,400 $ 29,617
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CD Director CD Manager CD Spec I Sr. CD Spec Admin. Analyst Project Tech Hourly Rate ($): 135.49 105.3 81.33 92.15 98.4 68.59
Task 1 - Outreach
Door to Door Outreach 3 6 20 20 $ 4,508 $ 100 $ 4,608 100 $ Update Property Owners 3 21 $ 2,342 $ 100 $ 2,442 100 $ Task 1 Subtotal 6 6 20 41 0 0 6,849 $ 200 $ 200 $ 7,049 $ Task 2 - Grant Agreement Administration
Reporting 1 10 6 20 1 7 $ 4,121 $ 100 $ 4,221 100 $
Claims 1 10 5 25 1 10 $ 4,683 $ 100 $ 4,783 100 $
Project Coordination w/Stakeholders 15 30 80 $ 12,563 $ 1,000 $ 13,563 1,000 $ Task 2 Subtotal 17 50 11 125 2 17.34 21,368 $ 200 $ 1,200 $ 22,568 $ TOTAL 23 56 31 166 2 17.34 28,217 $ 400 $ 1,400 $ 29,617 $ Self Help Enterprise Attachment B
Task Subtotal
Direct
Expenses
Subtotal
Task Description Shipping/Postage/ Mailing
Personnel
Subtotal
Personnel Time (Hours) Expenses ($) California Water Services Deposit
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0104 Agenda Date: 6/5/2023 Agenda #: 3.
Agenda Item Wording:
Request to authorize the City Manager to file Notice of Completion for Greenway Trail Phase 1. (Project Number 3010-72000/CP0298-999)
Deadline for Action: None
Submitting Department: Administration -CIP Engineering
Contact Name and Phone Number:
Diego Corvera, Civil Engineer, [email protected], (559) 713-4209 Frank Senteno, City Engineer, [email protected], (559) 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:
Staff recommends that the City Council authorize the City Manager to file a Notice of Completion for the Greenway Trail Phase 1 for work completed to-date. A final Notice of Completion (NOC) will be recorded following the completion of remaining work.
Summary:
In May of 2021 construction started on the Greenway Trail Phase 1, the project has been substantially completed as of September 2022. The landscaping and irrigation are the final components of the project that are pending. The irrigation system for the trail will be connected to the well system that is being re-furbished as part of the adjacent East Side Regional Park (ESRP) Basin G project. The purpose of this report and NOC request is to pay out the retention for the work completed to date, ahead of filing the final NOC. Project design information and design is included towards the latter part of this report.
Background Discussion:
The project’s construction contract was awarded to Romanazzi General Engineering in the amount of $583,523.82 in May 2021. The total cost paid out for construction to date including executed change orders is $512,004.72 with $26,947.62 withheld as 5% retention to-date. Total change order amount to-date is $56,351.89. The following is a breakdown of the construction change orders to-date:
Change Order Breakdown To-Date
Category Cost Percentage
Errors & Omissions (E&O) $17,462.93 2.99%
Utility Conflict (UT) $ 0.00 0.00%
Balance of Quantities (BQ) $ 3,264.60 0.56%
Unforeseen (UN) $ 6,248.21 1.07%
Change of Scope (CofS)$29,376.15 5.03%
Total: $56,351.89 9.66%
Visalia City Council Page 1 of 6 Printed on 6/2/2023
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Errors & Omissions (E&O) $17,462.93 2.99%
Utility Conflict (UT) $ 0.00 0.00%
Balance of Quantities (BQ) $ 3,264.60 0.56%
Unforeseen (UN) $ 6,248.21 1.07%
Change of Scope (CofS)$29,376.15 5.03%
Total: $56,351.89 9.66%
Errors & Omissions:
The costs associated with the Errors & Omissions category consisted of demobilization and remobilization of the contractor due to a SCE agreement that needed to be executed ahead of construction; construction operations were put on hold until the agreement could be executed.
During the project pause, vegetation grew on the project site and an additional cost for clearing and grubbing was necessary when work resumed. Additional grading costs were also paid during construction to address a discrepancy in the elevations shown on the plans. The cost for demobilization and remobilization was approximately $9,000, clearing the vegetation was approximately $5,300 and the remaining amount was for the regrading efforts.
Balance of Quantities:
The cost associated with Balance of Quantities category consisted of final project aggregate base and asphalt placement differing from the original bid. The total asphalt that was needed for the trail was less than the original bid, so a credit was applied based on the unit price and total reduction.
The total aggregate base needed for the trail was more than the original bid amount, the additional cost was paid out based on the unit price and total material used on the project.
Unforeseen:
The cost associated with Unforeseen category consisted of material price increases due to the inflationary market that was occurring during 2022. Steel price increase was the largest contributor to this overage, approximately $4,200 alone was associated with the steel needed for the trail bollards.
Change of Scope:
The cost associated with the change of scope category consisted of the incorporation of additional pedestrian pathways to access the trail, grade adjustment near the pedestrian bridge for future road construction, and grounding of metallic structures near the trail as required per SCE agreement.
There was a total of three (3) contract change orders to-date associated with Greenway Trail Phase
1. Each of the change orders were reviewed and approved by the City of Visalia Change Order Committee. The Change Order committee is a group of non-appointed technical staff without direct involvement with the project submitted for review. The Committee is an informal committee that reviews the contract change order request for completeness, accuracy, constructability, objectivity, consistency, and overall insight. After reviewing the request and discussing the item, the committee recommended approval of the change orders for the contract with Romanazzi General Engineering.
Notice of Completion - Partial Retention Payment:
The remaining work pending for Greenway Trail Phase 1 consists of installation of landscape irrigation system and planting of the trees and shrubs per project plans and specifications. These portions of the work have been delayed as the project is being coordinated with the Basin G project to tie the Greenway Trail’s irrigation system to an existing well system being re-established through the Basin G project previously used for agricultural irrigation. This was decided to save the upfront cost of a Cal Water connection and future water usage costs through rate increases from a Cal Water system connection.
With the decision to coordinate the projects, delays with the construction of Basin G have impacted the Greenway Project landscaping and irrigation work. The project has been fully constructed minus Visalia City Council Page 2 of 6 Printed on 6/2/2023
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File #: 23-0104 Agenda Date: 6/5/2023 Agenda #: 3.
the Greenway Project landscaping and irrigation work. The project has been fully constructed minus the landscaping and irrigation work. The breakdown of the completed construction cost and pending costs is as follows:
Greenway Trail Phase 1 - CP0298 Greenway Trail from Mineral King to Mill Creek Greenway Trail Phase 1 - Construction Budget
Construction Work completed and paid (Including Change Orders) $512,004.72 5% Retention Held to Date $26,947.62
Construction Cost remaining per original Contract (Landscaping) $100,923.37 Approximate Pending Change Order to Complete Project
(Landscaping Change order for new connection~2.60% increase) $15,000.00
Estimated Final Greenway Trail Phase 1 Construction Cost $654,875.71 Approval to file the NOC will enable staff to release the retention amount that is associated with the work completed to-date ($26,947.62). Release of retention will be done 35-days following the recording of the NOC.
The remaining work will follow the standard construction oversight process with retention withheld for remaining work and one-year maintenance period taking affect following the final NOC recording date.
The Basin G well work is slated for retrofit this Summer (2023) and is expected to be functional by the fall of 2023. The intent will be to have the irrigation system also functional by the fall of 2023 with all planting completed at that time as well. Once the well is operational, a final construction change order will be processed to have the Greenway Trail contractor connect the trail irrigation system to the new well. Greenway Trail Phase 1 landscaping is expected to be fully completed by the Spring of 2024, barring any unforeseen circumstances.
Project Background:
The City was successful in acquiring Active Transportation Program (ATP) grant funding for the Phase 1 of the Greenway Trail between Mineral King Ave and Mill Creek. Funding for this phase became available on July 1st, 2020 as part of the Approved City Budget for fiscal years 2020-21 and 2021-22.
The Greenway Trail Phase 1 is a twelve (12) foot wide asphalt trail with two (2) foot shoulders and sloped swales outside of the shoulders. The trail follows the SCE power pole alignment, moving north from Mineral King Ave towards Mill Creek. The trail has a connected paved access path from Villoy Ave and a connecting sidewalk extension along Murray Ave. The trail has solar lighting, benches and trash receptacles installed as amenities to attract trail users and improve safety. This new trail is phase 1 of 4 phases of the Greenway Trail that will connect from Cameron Creek all the way north to the St Johns River Trail.
Design History:
In 2013, the City of Visalia began designing the Greenway Trail which included preparation of California Environmental Quality Act (CEQA) documentation. The City entered a contract for $195,755.00 with 4Creeks, Inc. on January 22nd, 2014 for engineering services for the design plans, Visalia City Council Page 3 of 6 Printed on 6/2/2023
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specifications and estimate preparation for the Master Plan of the Greenway Trail Corridor Project.
The Greenway Trail Corridor Project spans from Cameron Creek on the south, adjacent to the Southern California Edison (SCE) Rector Station on Avenue 148, northerly to the St John’s River Trail along or under the SCE power lines. The original design for the master plan was funded out of a separate CIP, CP8408. This CIP was strictly for the design of the Master Plan of the Greenway Trail Corridor Project and not for construction since it was the intention of the City to acquire grant funding for construction.
The original contract with 4Creeks Inc was for the 100% design of Greenway Trail from Cameron Creek to the St Johns Trail with the understanding that construction funding would be later sought for segmented portions of the trail. As such, the City needed to break up the Master Plan into four separate segments. Therefore, the City entered into a sole source contract for $61,483 with 4Creeks, Inc. on November 6th, 2020, to break up the specifications and Master plans for the Greenway Trail Corridor project and provide separate construction documents for each individual trail segments with the ability to construct each trail segment as a standalone project as construction funding becomes available.
Fiscal Impact:
The Greenway Trail Phases 1 is funded using Active Transportation Program Grant Funds (281) and Measure R Trailways (132). Phase 1 is being paid out of CP0298. See below the project funding breakdowns.
Greenway Trail Phase 1 - CP0298 Greenway Trail from Mineral King to Mill Creek Funding Source
ATP Funding (281) $1,000,000.00
Measure R Trailways (132) $140,670.00
Total Project Funding $1,140,670.00
Greenway Trail Phase 1 - Budget
Design Consultant - 4Creeks $62,824.00
Staff Time - Estimate $70,000.00
Construction Paid to-date (Including Change Orders) $512,004.72 5% retention withheld to-date $26,947.62
Construction Cost remaining per original Contract (Landscaping) $100,923.37 Approximate Pending Change Order to Complete Project
(Landscaping Change order)
$15,000.00
Construction Management $50,945.66
Materials Testing $11,853.47
Project Inspection $15,000.00
Estimated Greenway Trail Phase 1 Project Cost $865,498.84 Project Budget $1,140,670.00
Estimated Remaining Budget* $275,171.16
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File #: 23-0104 Agenda Date: 6/5/2023 Agenda #: 3.
Materials Testing $11,853.47
Project Inspection $15,000.00
Estimated Greenway Trail Phase 1 Project Cost $865,498.84 Project Budget $1,140,670.00
Estimated Remaining Budget* $275,171.16
*The estimated remaining budget is made up of ATP funds of approximately $260,000 and Measure R Trailway funds of approximately $15,000. This comprises the remaining budget to complete the remaining work for the Greenway Trail Phase 1. The balance of Measure R Trailway funds remaining after project closeout will be available for future bike/pedestrian projects, subject to City Council approval.
Prior Council Action:
May 3, 2021:
Authorized City Manager to 1.) Award the construction contract for RFB 20-21-43, Greenway Trail Phase 1 & 2 - Mineral King Avenue to Mill Creek and the installation of prefabricated pedestrian bridge at Mill Creek, to Romanazzi General Engineering, in the amount of $749,623.82; 2.) Execute a Measure R Supplemental Agreement with the Tulare County Association of Governments (TCAG); and 3.) Amend the Measure R Trail Expenditure Plan to designate $236,000 from the “K Street Bike Path” to the “Mill Creek Bridge at Greenway Trail”.
May 19, 2014
Presentation of the proposed design for the Southern California Edison (SCE) Greenway Trail.
January 6, 2014
Authorized the City Manager to award a land surveying and design services contract and execute an agreement for RFP No. 13-14-24, in the amount of $195,755.00 to selected consulting firm of 4Creeks, Inc. and request an appropriation of $30,000.00 from the Measure R Trail Fund. The project is for the SCE Greenway Trail improvements between the SCE Rector Station and the St John’s River Trail. Project Number 2810-72000/CP8408-999.
March 4, 2013
Authorized funding appropriations for the Greenway Belt Project and Sante Fe Trail (Tulare Ave to Avenue 272) Project in the Capital Improvement Program.
January 14, 2013
Affirmed five grant applications for the Transportation Activity Program, Environmental Enhancement and Mitigation Program and Recreational Trail Program for almost $2.6 million I grant funding and that council authorize staff to appropriate matching funds up to 30% oof the total awarded project costs as required for grant acceptance from available Measure R Funds or from other local funds (non-general fund) contingent upon grant award(s). Resolution 2013-01 and 2013-02.
November 19, 2012
Second Reading and Final Approval of Ordinance 2012-09 regarding Grant of Easement to Southern California Edison for the Cross Valley Loop project; Authorization to Enter into Cross Valley Loop Greenway Memorandum of Understanding with Southern California Edison.
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File #: 23-0104 Agenda Date: 6/5/2023 Agenda #: 3.
Other:
None
Alternatives:
None Recommended
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to file Partial Notice of Completion for Greenway Trail Phase 1.
Environmental Assessment Status:
CEQA Review:
Categorical Exemption, Section 15304, issued October 29th, 2013 for the Greenway Trail from SCE rector Station to St John’s River Trail.
NEPA Review:
N/A
Attachments:
1. Contractor Disclosure Form
2. Project Location Map
Visalia City Council Page 6 of 6 Printed on 6/2/2023
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HWY 198
GOSHEN AVE.
Hwy 198
E Noble Ave
E Mineral King Ave
N
Mc Auliff St
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Arroyo St
E Race Ave
N
Sol St
E Oak Ave
E Vista Ave
E Stapp Ave
N Amador St
Rd 146
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Sol St
E Center Ave
E Acequia Ave
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Mc Auliff St
E Kaweah Ave
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Sol Ct
E Stapp Ct
E Willow Ave
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Coms ot ck St
E Villoy Ave
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W ni d Ct
E Center Ct
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Arroyo St
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Hol al nd Ct
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Casablanca
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Casablanca St
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Coms ot ck Ct
E Burrel Dr
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Bennett Cir
E Mineral King Ave
N Bennett Cir
E Acequia Ave
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Sol St
E Willow Ave
E Race Ave
E Oak Ave
MILL CREEK
DITCH
PACKWOOD .
GREENWAY TRAIL PHASE 1 & 2
Class I Multi-Use
Trail
Legend
VICINITY MAP
Ped Bridge
Greenway Trail Phase 1
Greenway Trail Phase 2
326
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0172 Agenda Date: 6/5/2023 Agenda #: 4.
Agenda Item Wording:
Consider approval of the attached “Amendment to Declaration of Covenants, Conditions, Easements and Restrictions of the Willow Street Parking Structure”.
Deadline for Action: 6/5/2023
Submitting Department: Administration
Contact Name and Phone Number: Leslie Caviglia, City Manager 713-4332 and Kenneth Richardson, City Attorney, 372-2400
Department Recommendation:
It is recommended that the City Council approve the proposed “Amendment to Declaration of Covenants, Conditions, Easements and Restrictions of the Willow Street Parking Structure.” Background Discussion:
Back in the 1990’s, the City (in conjunction with its former Redevelopment Agency) sold the property located between Court and Locust just south of the Post Office for the development of the parking structure and office building currently located there (hereinafter referred to respectively as the “Willow Street Parking Structure” and the “Willow Street Plaza”). In the course of the disposition and development of that project, the City retained an ownership interest in the Willow Street Parking Structure, which was divided into four condominium units owned by four different entities: the City of Visalia, Kaweah Health, the Willow Street Plaza ownership group, and the 202 Willow ownership group. The 202 Willow ownership group owns the office building on the west side of Locust, just to the north of the Kaweah Health helipad.
In 1997, when the project was near completion, the four parties entered into that certain agreement entitled “Declaration of Covenants, Conditions, Easements and Restrictions of the Willow Street Parking Structure - A Condominium Development” (hereinafter “Declaration”), which among other things, created the condominium plan, the owners’ association for management of the condominium units, and set forth various covenants, conditions, easements and restrictions associated with the use, maintenance and possible improvement of the parking structure.
The 202 Willow ownership group is now in escrow to sell their office building, along with their right and title to their condominium unit in the Willow Street Parking Structure. Their buyer has expressed concerns regarding Article XV of the Declaration, which essentially provides the four condominium owners with a “right of first refusal” should one of them attempt to sell only their condominium unit in the Willow Street Parking Structure to an outside third party. This right of first refusal excludes the disposition of a condominium unit in the Willow Street Parking Structure where it is done in conjunction with the sale of the property benefitted by the Declaration, as is the case with the pending transaction. Research and review of the materials from the 1990’s when this project was Visalia City Council Page 1 of 2 Printed on 6/2/2023
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being developed clearly indicates that the parties intended that their condominium units in the parking structure remain the assets of the owners of original properties benefitted by the Willow Street Parking Structure project, or in the case of the City, for the benefit of the public.
Nevertheless, the 202 Willow ownership group and their buyer are requesting that the City Council authorize execution of the attached Amendment to the Declaration, which is merely intended to clarify the above-stated principles and limitations regarding the condominium owners’ right of first refusal.
The amendment does not propose to make any substantive changes to the right of first refusal, and for that reason, we are recommending its approval.
It is also worth noting that the Declaration does contain provisions that would allow for amendment of the Declaration without the City’s formal approval. The Declaration provides that it can be amended by a majority, by voting percentage, of the condominium owners (City’s voting percentage is approximately 35%), and by a 2/3rds vote of the Willow Street Parking Structure condominium association Board of Directors.
Fiscal Impact:
None
Prior Council Action: N/A
Other: N/A
Alternatives: Deny approval of the proposed “Amendment to Declaration of Covenants, Conditions, Easements and Restrictions of the Willow Street Parking Structure.” Recommended Motion (and Alternative Motions if expected):
I move to approve the proposed “Amendment to Declaration of Covenants, Conditions, Easements and Restrictions of the Willow Street Parking Structure.” Environmental Assessment Status: None
CEQA Review: None
Attachments: “Amendment to Declaration of Covenants, Conditions, Easements and Restrictions of the Willow Street Parking Structure.”
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0183 Agenda Date: 6/5/2023 Agenda #: 5.
Agenda Item Wording:
Authorize the City Manager to execute a new sole source contract with The Papé Group Co. for service, repair, and parts for Kenworth trucks and John Deere construction equipment. This contract will be for one year, with 4 one-year optional renewals with a not to exceed amount of $75,000 per year, $375,000 over the life of the contract.
Deadline for Action: 6/5/2023
Submitting Department: Public Works
Contact Name and Phone Number: Mike Morgantini, Fleet Supervisor, [email protected] <mailto:[email protected]>, 713-4182; Nick Bartsch, Public Works Director, [email protected] <mailto:[email protected]>, 713-4052 Department Recommendation:
Staff recommends that the Council authorize the City Manager to execute a new sole source contract with The Papé Group Co. for service, repair, and parts for Kenworth trucks and John Deere construction equipment.
This contract will be for one year, with 4 one-year optional renewals with a not to exceed amount of $75,000 per year, $375,000 over the life of the contract.
Background Discussion:
The City of Visalia currently has 9 Kenworth trucks and 20 pieces of John Deere construction equipment. This equipment is used by both the Streets and Wastewater departments. In an effort to maintain consistency and the reliability of its fleet, the ability to service, repair and purchase factory replacement parts for this equipment is critical. In many cases, this is only possible through the utilization of a contract through a factory authorized dealer. The Papé Group Co. is the only authorized Kenworth Dealer in the Central Valley. Additionally, the Papé Group Co. specializes in John Deere "construction" equipment and is the only source for factory parts and service for John Deere’s line of construction equipment. Alternatively, for reference, Lawrence Tractor Company, located locally on East Main Street, specializes in John Deere’s “agricultural” equipment. Although there is some cross-over between John Deere's "construction" and "agricultural" divisions, most construction equipment parts are not available through its agricultural dealers. (For reference, the City also holds a contract with Lawrence Tractor Company to support other equipment in the fleet.) Fiscal Impact:
This contract will have a not to exceed amount of $75,000 per year, $375,000 over the life of the contract.
Expenditures will be paid initially out of the Fleet fund (501). These costs are then charged to the user department through monthly allocations.
On average, the City has spent around $60,000 per year with The Papé Group Co. in recent years. With the increases in costs across the industry, these costs may increase over the life of the contract.
Prior Council Action: None
Alternatives: These services could be competitively bid via the Request for Proposals (RFP) process through Visalia City Council Page 1 of 2 Printed on 6/2/2023
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File #: 23-0183 Agenda Date: 6/5/2023 Agenda #: 5.
the City’s Purchasing Department. (As the only authorized franchise dealer for these parts and services, The Papé Group Co. would be the only qualified proposer.)
Recommended Motion (and Alternative Motions if expected):
Staff recommends that the council authorize the City Manager to execute a new sole source contract with The Papé Group Co. for service, repair, and parts for Kenworth trucks and John Deere construction equipment.
This contract will be for one year, with 4 one-year optional renewals with a not to exceed amount of $75,000 per year, $375,000 over the life of the contract.
Environmental Assessment Status: N/A
CEQA Review: N/A
Visalia City Council Page 2 of 2 Printed on 6/2/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0190 Agenda Date: 6/5/2023 Agenda #: 6.
Agenda Item Wording:
Authorize the City Manager to award the contract for RFP 22-23-43 - Compost Services to both West Coast Sand and Gravel (dba Wood Industries), and USA Waste of California, Inc. for an annual amount of $537,075 and $739,225, respectively, for an initial three-year term, renewable for two additional one-year terms.
Deadline for Action: 6/5/2023
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, [email protected], 713-4533 Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:
Staff recommends that City Council authorize the City Manager to award a contract (RFP 22-23-43) to West Coast Sand and Gravel (dba Wood Industries), and USA Waste of California, Inc. for the composting of City recyclable green material for the annual amount of $537,075 and $739,225 respectively.
Background Discussion:
The City of Visalia Solid Waste division collects approximately 31,500 tons of green waste and 3,000 tons of food waste each year. This material is hauled by commercial and residential solid waste trucks to a contracted compost facility for processing and reuse. The current contracts with West Coast Sand and Gravel (dba Wood Industries) and USA Waste of California, Inc. expired on May 15, 2023.
Three proposals were received in response to RFP 22-23-43 - Compost Services. · West Coast Sand and Gravel, dba Wood Industries
· USA Waste of California, Inc.
· Mid Valley Disposal, LLC
The RFP requested tipping fees for both green waste and food waste. Not all local facilities accept food waste, so understanding this, Staff structured the RFP such that proposals could be compared fairly by providing separate pricing for green waste and food waste. The tables below summarize the proposals’ cost per ton, with the provision for a variable pricing structure based on contamination rates.
Contamination level 0%-5% 5%-10% 10%-40% >40%
West Coast Sand and Gravel $28.00 $31.00 $51.00 $80.00
USA Waste of California $34.51 $35.55 $41.80 $45.97
Mid Valley Disposal $44.00 $48.00 $60.00 $100.00
Table 1 - Green Waste Tipping Fee, per ton
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Contamination level 0%-5% 5%-10% 10%-40% >40%
West Coast Sand and Gravel $28.00 $31.00 $51.00 $80.00
USA Waste of California $34.51 $35.55 $41.80 $45.97
Mid Valley Disposal $44.00 $48.00 $60.00 $100.00
Table 1 - Green Waste Tipping Fee, per ton
As shown in the table above, West Coast Sand and Gravel proposed the lowest green waste tipping fees apart from the highest contamination levels. USA Waste of California had slightly favorable rates to higher contaminated loads, but also proposed that food waste may be taken to their facility, as shown below:
Contamination level 0%-5% 5%-10% 10%-40% >40%
West Coast Sand and Gravel N/A N/A N/A N/A
USA Waste of California $36.33 $37.37 $43.62 $50.92
Mid Valley Disposal $68.00 $75.00 $100.00 $120.00
Table 2 - Food Waste Tipping Fee, per ton
USA Waste of California had the lowest food waste disposal rate. As with past experience, West Coast Sand and Gravel does not accept food waste at their facility. Since 2018, all food waste has been taken to USA Waste of California.
Experience dictates that at least 90% the City’s Green Waste and Food Waste loads are billed at the 5%-10% contamination rate. Therefore, these rates were used to make comparisons that included the per mile costs of fuel, equipment, and staff in the Fiscal Impact section of this report.
Through the Request for Proposals evaluation and selection process, once a firm is selected based on their qualifications and merit of their proposal, Staff has the opportunity to negotiate price and terms with the selected vendors. Staff contacted USA Waste of California to allow them the chance to match the price of the lowest proposer. They indicated that through the preparation of their proposal, they performed a very detailed analysis of costs to provide the service and, unfortunately, are unable to adjust their pricing. Staff determined that splitting the award for green waste disposal between West Coast Sand and Gravel and USA Waste of California would be most beneficial to the City. By having two facilities available and at opposite sides of the City, solid waste trucks can realize efficiencies in transport. In addition, either of these facilities has the ability to function as a green waste disposal back-up for the other if they are unavailable for any reason.
Mid Valley Disposal had the highest tipping fee across all contamination levels of green waste and food waste and was not considered for an award. Even though their location was the closest of all proposers, the high cost per ton eroded the efficiency of the close proximity when factoring the cost per mile and average trip length from the City center. In addition, Mid Valley Disposal stated in their proposal that they would only have capacity for 25% of the City’s total material.
Fiscal Impact:
To compare the green waste proposals, staff took other factors into consideration including distance, Visalia City Council Page 2 of 5 Printed on 6/2/2023
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staff, fuel, and equipment costs. Considering the factors on a per mile cost, and comparing them using the City center as a basis, the following tables resulted in a cost per load that allowed for a more comprehensive comparison than strictly a per ton basis:
TRAVEL COSTS
Total Cost per mile (includes truck, operator and fuel) $5.49 West Coast Sand and Gravel (round Trip) $96.55
USA Waste of CA (round Trip) $107.52
Mid Valley Disposal (round Trip) $37.30
TIPPING FEE COST PER LOAD
West Coast Sand and Gravel $205.69
USA Waste of CA $235.88
Mid Valley Disposal $318.48
TOTAL COST PER LOAD
West Coast Sand and Gravel $302.24
USA Waste of CA $343.40
Mid Valley Disposal $355.78
*all costs above compared using the rates at 5%-10% contamination rate **average of 6.64 tons per green waste load and 6.32 tons per food waste used, based on FY21-22 data
When factoring in the per mile cost and adding the estimated disposal/tipping cost based on the proposed rates, West Coast Sand and Gravel and USA Waste of California are the lower cost options. Note that this comparison is made from a City Center point, and better efficiencies would be realized when Solid Waste trucks operate in parts of the City that are closer to those facilities.
Contract Amounts Needed:
The contract amounts needed were based on disposal costs alone. In FY 22/23, the estimated tonnage for the City of Visalia green waste will reach approximately 31,500 tons, which will equate to an estimated 4,500 loads of green waste. Additionally, food waste will reach approximately 3,000 tons, equaling an estimated 375 loads. Considering this, staff recommends the following award amounts:
USA Waste of California
50% Green Waste Award (tipping fees) $ 559,912.50
15,750 tons @ $35.55/ton
100% Food Waste Award (tipping fees) $ 112,110.00
3,000 tons @ $37.37/ton
Subtotal $ 672,022.50
10% Contingency $ 67,202.25
Total Award $ 739,224.75
West Coast Sand and Gravel
50% Green Waste Award (tipping fees) $ 488,250.00
15,750 tons @ $31.00/ton
10% Contingency $ 48,825.00
Total Award $ 537,075.00
TOTAL AWARD SPLIT (adding contingency)
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USA Waste of California
50% Green Waste Award (tipping fees) $ 559,912.50
15,750 tons @ $35.55/ton
100% Food Waste Award (tipping fees) $ 112,110.00
3,000 tons @ $37.37/ton
Subtotal $ 672,022.50
10% Contingency $ 67,202.25
Total Award $ 739,224.75
West Coast Sand and Gravel
50% Green Waste Award (tipping fees) $ 488,250.00
15,750 tons @ $31.00/ton
10% Contingency $ 48,825.00
Total Award $ 537,075.00
TOTAL AWARD SPLIT (adding contingency)
*dollar figure per ton based on 5%-10% contamination rate The chart above splits the estimated green waste tonnage (31,500) evenly between USA Waste of California and West Coast Sand and Gravel. The estimated tonnage amount is calculated so that the amount of the contracts will be sufficient to cover the needs of the department for both disposal sites.
The food waste portion of the contract is solely awarded to USA Waste of California and added to the calculated green waste amount.
Prior Contract Comparison:
In April of 2018, Council awarded $500,000 to each contractor, West Coast Sand and Gravel and Harvest Power of California, LLC, for a total amount of $1,000,000. In 2019, Harvest Power’s contract was assumed by USA Waste of California. As shown in the figure below, the per ton price has increased for both of the staff recommended contractors:
Previous Contract Pricing Comparison Previous Proposed
West Coast Sand and Gravel $25.25 $31.00
USA Waste of California $25.55 $35.55
The previous contract unit pricing was lower compared to the current proposal. It is important to note that even though the previous contracts allowed for an annual CPI adjusted increase, only USA Waste of California opted for two annual increases within the 5-year contract period, and West Coast Sand and Gravel has never opted for a CPI increase.
Due to increased operating expenses and limited CPI adjustments, both proposals came in at an expected cost increase. In addition, to account for the anticipated growth within the City, a contingency of 10% has been added to each proposed contract amount.
Prior Council Action: 4/16/2018 - Council authorized the City Manager to award the Contract for Composting Services to Harvest Power of California, LLC and West Coast Sand and Gravel.
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Other: N/A
Alternatives: To not award to one of the contractors above. Staff does not recommend awarding to only one contractor due to the increased transport costs and lower efficiencies realized from not having disposal options at both ends of the City.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to award the contract for Composting Services (RFP 22-23-43) to West Coast Sand and Gravel (dba Wood Industries), and USA Waste of California, Inc. for the composting of City recyclable green material in the annual amount of $537,075 and $739,225 respectively.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFP 22-23-43 Annual Contract for Compost Services, RFP 22-23-43 Addendum #1, Draft Contract for Compost Services
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RFP 22-23-43
Annual Contract for Composting Services
Addendum No. 01
ADDENDUM NO. 01
Issued: April 17, 2023
Project: Annual Contract for Composting Services
RFP No.: 22-23-43
Bids Due: Thursday, April 20, 2023 @ 2:00 pm
Addendum No. 01 is being issued to answer questions received pertaining to the project. This addendum becomes part of the Contract Documents for the above project and must be signed and submitted with the Proposal.
ITEM 1: QUESTIONS/RESPONSES
Q1. Can a company bid on a portion of the tonnage? For example, if a company wanted to turn in a proposal for a ¼ of the proposed tonnage, would that proposal be considered? R1. The RFP does reserve the right to multiple contractors (Section V, Subsection C), and throughout the document the language is worded as such that multiple contractors may be chosen, if needed. Please be aware that the grading criteria will still be observed when making this decision. In the Proposed Project Approach section of the proposal, exceptions to the RFP should be noted.
Q2. Does the City exclude compostable plastics?
R2. This would be a question for the vendor to answer. If you do, please point it out in your proposal submittal.
Q3. Who will dispose of the solid waste received in contaminated loads? R3. Even though it is the responsibility of the contractor to sort the possible waste in contaminated loads, the City will place a roll off container at your site and remove the waste as needed. This is to help offset the cost of contamination and keep contamination to a minimum.
PROPOSER ACKNOWLEDGMENT OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334
Proposer to sign and submit with Proposal.
Firm: Date:
By:
Signature
City of Visalia, CA Purchasing Department
707 West Acequia, Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801 360
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0199 Agenda Date: 6/5/2023 Agenda #: 7.
Agenda Item Wording:
Adopt Resolution No. 2023-20 to designate various road projects for Road Maintenance and Rehabilitation Account (RMRA) 2023/24 funding from the State of California Road Repair and Accountability Act of 2017 (Senate Bill SB1) and authorize the transfer of $3,400,000 within the SB1 RMRA (113) Fund from CP0290 Pavement Rehabilitation to the Capital Improvement Projects (CIP’s) outlined within this report.
Deadline for Action: 7/1/2023 (Deadline for CTC acceptance) Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Dolores Verduzco, Financial Analyst, [email protected], (559) 713-4540 Chantha Chap, Civil Engineer, [email protected], (559) 713-4418 Frank Senteno, City Engineer, [email protected], (559) 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:
Staff recommends Council adopt Resolution 2023-20 to designate various road projects for Road Maintenance and Rehabilitation Account (RMRA) 2023/24 funding from the State of California Road Repair and Accountability Act of 2017 (Senate Bill SB1) and authorize the transfer of $3,500,000 within the SB1 RMRA (113) Fund from CP0290 Pavement Rehabilitation to the following Capital Improvement Project’s (CIP’s):
1. $400,000 - CP0602 Tulare Ave Road Rehab from Demaree to Cotta
2. $1,900,000 - Plaza Drive Intersection Improvements (CIP no. to be created once approved)
3. $1,100,000 - CP0601 Center & Acequia Street Rehabilitation This agenda item is being brought forth because the SB1 Program requires a resolution that details the projects that will be funded with that fiscal year allotment of SB1 RMRA funds.
Background Discussion:
In April 2017, the Governor signed Senate Bill (SB) 1, known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation, and critical safety needs in the State.
This bill established a new funding source for road repairs through revenue established from pergallon excise taxes on gasoline and diesel fuel, and vehicle registration fees. The Act provides inflationary adjustments to tax rates in future years. Funding from this Act is forecasted to disburse approximately $3,400,000 in Fiscal Year 2023/24 to the City of Visalia.
SB1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, cities and counties receiving the funding will be required to provide annual RMRA project information to the California Transportation Commission (CTC). This Visalia City Council Page 1 of 6 Printed on 6/2/2023
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provide annual RMRA project information to the California Transportation Commission (CTC). This includes action by City Council at a regular public meeting to adopt a list of projects proposed to be funded with RMRA funds for each fiscal year. The project list must be submitted to the CTC by July 1 st in order to receive and not delay the apportionment of RMRA funds for the upcoming fiscal year.
The report of the anticipated use of funding shall include a description of the project including location, estimated project schedule and expected useful life.
In addition, for each fiscal year in which the City spends RMRA funds, the City must submit a report to the CTC that details the RMRA funds expended to include a description and location of each completed project and/or in-progress project, the amount of funds expended on the project and the completion date. The CTC posts reported project information on the Commission’s website and through other reporting mechanisms that are accessible by the public.
In order to receive funding for fiscal year 2023/24, Council must adopt by resolution a list of projects intended to utilize the fiscal year 2023/24 SB1 RMRA funding and submit to the California Transportation (CTC) by July 1, 2023.
Staff recommends Council designate the projects listed below, as listed on the attached resolution, for RMRA 2023/24 funding. It is important to note that projects listed as no. 1 and no. 3 were previously approved by Council to receive an appropriation of funds. However, due to forecasted increases in the cost of construction and/or to allow the project limits to be extended, staff recommends that these funds be designated as additional appropriations towards these projects:
Project 1) Project Title: Major Street Rehabilitation - Tulare Ave. from Demaree St. to Cotta St.
Project Description/Scope: This project will rehabilitate the roadway on Tulare Avenue from Demaree Street to Cotta Street. The project will also consist of repairing miscellaneous damaged concrete structures such as curbs, gutter, drain inlets and ramps. Impacted ramps will be upgraded to be in ADA compliance and existing manholes and valve boxes will be adjusted to grade. In addition, the existing traffic signal will be upgraded to include video detection cameras (replacing the loops within the pavement used for signal operation) and installation of new conduits to replace undersized existing conduits. A combination of Class IV and protected Class II bike lanes will also be installed.
Project timing is temperature/weather dependent.
At the Council meeting held on July 18, 2022, Council accepted and approved the appropriation of $1,833,734 from the Surface Transportation Block Grant Program (STBGP) and $1,155,266 from the Highway Infrastructure Program (HIP) towards this project. These identified programs are federally funded totaling to $2,989,000 of funds currently allocated towards the Tulare Ave. from Demaree St. to Cotta St. project for construction. Design plans have been completed along with updating the cost of construction. Staff has determined an additional $400,000 is needed to fully fund the estimated cost of construction. Therefore, staff recommends designating this amount of SB1 Road Maintenance funds towards the construction phase of the project. The additional appropriation of funds will bring the total amount of funds budgeted toward this project to $3,389,000.
Project Location:
Street Segment From To
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File #: 23-0199 Agenda Date: 6/5/2023 Agenda #: 7.
Tulare Avenue Demaree Street Cotta Steet
Estimated Project Schedule:
Construction:
Start: Fall 2023
End: Summer 2024
Estimated Project Useful Life: 15 Years to 20 Years
Project 2) Project Title: Plaza Drive Intersection Improvements Project Description/Scope: This project will rehabilitate various intersections along the Plaza Drive corridor to extend the pavement’s service life while increasing the City’s overall pavement condition index. Plaza Drive is a heavily used road that has high volumes of truck traffic that has contributed to the severe rutting at these various intersections. The rehabilitation work will consist of constructing a concrete apron at each approach to the intersection. In addition to the rehabilitation work, the project consists of upgrading the traffic signals to include video detection cameras (replacing the loops within the pavement used for signal operation), adding interconnect conduits, repair damaged curb and gutter, upgrading existing curb ramps to meet current Americans with Disabilities Act (ADA) requirements, and restripe the crosswalks and pavement markings. The intersections to be rehabilitated include Goshen and Riggin. In addition, depending on the availably of funds, the intersection of Ferguson will be added as an alternate bid. Project schedule may be adjusted to coordinate with the Riggin Avenue Widening Kelsey to Shirk Project. Project timing is temperature and weather dependent.
SB1 funds will be utilized to fund the design and construction phase of this project. This is a new Capital Improvement Project (CIP) being requested to be funded.
Project Location:
Intersections of Goshen and Riggin Avenues along the Plaza Drive Corridor. The intersection of Ferguson will be added as an alternate bid based on available funding.
Estimated Project Schedule:
Pre-Construction (Engineering):
Start: Early 2024
End: Late 2024
Construction:
Start: Spring 2025
End: Fall 2025
Estimated Project Useful Life: 15 to 20 Years
Project 3) Project Title: SB1 Street Rehabilitation - Center & Acequia Project Description/Scope: The purpose of this project is to rehabilitate the pavement surface of segments along both Center Avenue and Acequia Avenue. In addition to rehabilitation work, the Visalia City Council Page 3 of 6 Printed on 6/2/2023
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segments along both Center Avenue and Acequia Avenue. In addition to rehabilitation work, the project will include limited repairs to curbs, gutters, sidewalks, drain inlets, and ramps. Impacted ramps will be upgraded to ADA compliance and existing manholes and valve boxes will be adjusted to grade. The project will also include installation of traffic signal interconnect conduits through the entire length of the project and video detection cameras (replacing the loops within the pavement used for signal operation). Project will be coordinated with the Downtown CDBG Funded ADA projects; ADA path from the Transit Center to Main Street and Tree Well Repairs along Main Street.
Project timing is temperature and weather dependent.
This project was previously approved by Council at the meeting on June 21, 2021 to receive SB1 RMRA funds from the fiscal year 2021-22 allotment in the amount of $2.47 million. In addition, Council approved on June 20, 2022 additional SB1 RMRA funds from the fiscal year 2022-23 allotment of $613,000. Total SB1 RMRA funds currently allocated to this project are $3.083 million.
The additional appropriation of SB1 RMRA funds of $1.5 million will bring the total of SB1 RMRA funds allocated toward this project to $4,583,000 and will allow the limits of the of the project to be extended to include side streets connecting Center and Acequia Avenues. SB1 funds will be utilized to fund engineering and construction for this project.
Project Location:
Street Segment From To
Center Avenue Willis Street Santa Fe Street
Acequia Avenue Willis Street Santa Fe Street
Floral Street Acequia Avenue Center Avenue (new segment added) Encina Street Main Street Center Avenue (new segment added) Church Street Acequia Avenue Center Avenue (new segment added) Bridge Street Mineral King Avenue Center Avenue (new segment added) Estimated Project Schedule:
Pre-Construction (Engineering):
Start: In progress
End: Fall 2024
Construction:
Start: Spring 2025
End: Fall 2025
Estimated Project Useful Life: 15 Years to 20 Years
Fiscal Impact:
SB1 RMRA funding in fiscal year 2023/24 of approximately $3,400,000 is projected to be distributed to the City of Visalia based on the State Department of Finance projections of RMRA revenues as of January 2023 when projections were last published.
Revenues received for RMRA funds are appropriated to CP0290 Pavement Rehabilitation within the SB1 RMRA Fund (113). However, CP0290 does not specify a project location. Therefore, upon Visalia City Council Page 4 of 6 Printed on 6/2/2023
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SB1 RMRA Fund (113). However, CP0290 does not specify a project location. Therefore, upon approval of the list of projects to utilize FY 2023/24 RMRA funds, funds will be transferred from CP0290 Pavement Rehabilitation to the following projects:
1. $400,000 - CP0602 Tulare Ave Road Rehab from Demaree to Cotta
2. $1,900,000 - Plaza Drive Intersection Improvements (CIP number to be created once approved)
3. $1,100,000 - CP0601 Center & Acequia Street Rehabilitation If funding is received in excess of the current project estimated amount, staff will return to Council at a future date to request an appropriation of funds to a specific project as necessary.
Prior Council Action:
June 20, 2022
Adopted Resolution No. 2022-41 to designate 2023/24 SB1 RMRA funding to 1) Downtown Pavement Rehabilitation, 2) Caldwell Ave. Improvements from Akers to Shady, and 3) Center & Acequia Street Rehabilitation
June 21, 2021
Adopted Resolution 2021-34 to designate 2021/22 SB1 RMRA funding to the FY 2021-22 SB1 Street Rehabilitation - Center & Acequia Project.
April 20, 2020
Adopted Resolution 2020-19 to designate 2020/21 SB1 RMRA funding to the Street Rehabilitation - Akers & Shady project and to the Downtown Pavement Rehabilitation Project.
April 15, 2019
Adopted Resolution 2019-21 to designate 2019/20 SB1 RMRA funding to the Caldwell Avenue Improvements - Akers to Shady Project.
April 16, 2018
Adopted Resolution 2018-25 to designate 2018/19 SB1 RMRA funding to various street segments.
November 20, 2017
Affirmed by Resolution 2017-78 the appropriation of 2017/18 SB1 RMRA funding to a Cape Seal Project.
Alternatives:
Do not accept funds and use Measure N funds to perform the work.
Recommended Motion (and Alternative Motions if expected):
I move to adopt Resolution No. 2023-20 to designate the road rehabilitation project(s) identified within this report for Road Maintenance and Rehabilitation (RMRA) 2023-24 funding from the Senate Bill SB1 and authorize the transfer of $3,400,000 within the SB1 RMRA (113) Funds from CP0290 to the CIP’s outlined within this report.
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File #: 23-0199 Agenda Date: 6/5/2023 Agenda #: 7.
Environmental Assessment Status:
N/A
CEQA Review:
Environmental review will be completed prior to construction.
Attachments:
1. Resolution 2023-20
2. Location Map
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RESOLUTION NO. 2023-20
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
CITY OF VISALIA
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $3,400,000 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets/roads, add active transportation infrastructure throughout the City/County this year and hundreds of similar projects into the future; and
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an at-risk condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets 367
infrastructure, and using cutting-edge technology, materials and practices, will reduce drive times and traffic congestion, which will lead to reduced vehicle emissions and increase responsiveness to the needs to the users of the road system.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Visalia, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:
Project 1)
Project Title: Major Street Rehabilitation – Tulare Ave. from Demaree St. to Cotta St.
Project Description: This project will rehabilitate the roadway on Tulare Avenue from Demaree Street to Cotta Street. The project will also consist of repairing miscellaneous damaged concrete structures such as curbs, gutter, drain inlets and ramps. Impacted ramps will be upgraded to be in ADA compliance and existing manholes and valve boxes will be adjusted to grade. In addition, the existing traffic signal will be upgraded to include video detection cameras and installation of new conduits to replace undersized existing conduits. A combination of Class IV and protected Class II bike lanes will also be installed. SB 1 funds will be utilized towards the construction phase of the project.
Project Location: Tulare Avenue from Demaree Street to Cotta Street Estimated Project Schedule:
Construction: Start September 2023 – Completion June 2024 Estimated Project Useful Life: 15 to 20 Years
Project 2)
Project Title: Plaza Drive Intersection Improvements
Project Description: This project will rehabilitate various intersections along the Plaza Drive corridor to extend the pavement’s service life while increasing the City’s overall pavement condition index. The rehabilitation work will consist of constructing a concrete apron at each approach to the intersection. In addition to the rehabilitation work, the project consists of upgrading the traffic signals to include video detection cameras, adding interconnect conduits, repair damaged curb and gutter, upgrading existing curb ramps to meet current Americans with Disabilities Act (ADA) requirements, and restripe the crosswalks and pavement markings. The 368
intersections to be rehabilitated include Goshen and Riggin. In addition, depending on the availably of funds, the intersection of Ferguson will be added as an alternate bid. SB 1 funds will be used towards the pre-construction and construction phase of the project.
Project Location: Intersections of Goshen and Riggin Avenues along the Plaza Drive Corridor.
The intersection of Ferguson will be added as an alternate bid based on available funding.
Estimated Project Schedule:
Pre-Construction: Start January 2024 – Completion December 2024 Construction: Start April 2025 – Completion September 2025 Estimated Project Useful Life: 15 to 20 Years
3. The following previously proposed and adopted projects may also utilize Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Project 3)
Project Title: SB1 Street Rehabilitation – Center & Acequia Project Description: The purpose of this project is to rehabilitate the pavement surface of segments along both Center Avenue and Acequia Avenue. In addition to rehabilitation work, the project will include limited repairs to curbs, gutters, sidewalks, drain inlets, and ramps. Impacted ramps will be upgraded to ADA compliance and existing manholes and valve boxes will be adjusted to grade. The project will also include installation of traffic signal interconnect conduits through the entire length of the project and video detection cameras. SB 1 funds will continue to be utilized to fund the pre-construction and construction phase of the project.
Project Location:
Center Avenue from Willis Street to Santa Fe Street
Acequia Avenue from Willis Street to Santa Fe Street
Floral Street from Acequia Avenue to Center Avenue
Encina Street from Main Street to Center Avenue
Church Street from Acequia Avenue to Center Avenue
Bridge Street from Mineral King Avenue to Center Avenue Estimated Project Schedule:
Pre-Construction: Start October 2021 (In progress) – Completion October 2024 Construction: Start March 2025 – Completion October 2025 369
Estimated Project Useful Life: 15 to 20 Years
PASSED AND ADOPTED: June 5, 2023 LESLIE B. CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2023-20 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 5, 2023.
Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
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Shirk
A
Tulare kers
Hwy 198
Whitendale
Doe
Houston
Ch ni ow ht
Center
Shannon
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D ni uba
Kelsey
Murray
Pratt
Roeben
Giddings
Goshen
Riggin
Acequia
Hwy 99
Demaree
Rd 92
Plaza
Main
Noble
San at Fe
Woodland
Rd 88 Walnut
Hurley
3rd
Campus
Court
Mineral King
Riverway
Jacob
Burke
Locust
St Johns
Sunnyview
Hall
Conyer
Ferguson
2nd
Ave 312
Will si
Rd 100
Mill Creek
Rd 86
Mooney
County Center
Rd 124
Clancy
Neeley
L ni wood
Divisadero
Rd 116
Houston
Mineral King
San at Fe
Demaree
Mineral King
Burke
Conyer
County Center
Ferguson
Walnut
Noble
Goshen
Linwood
Riggin
Mineral King
Shannon
Noble
Mineral King
P al za
Mooney
Hurley
Mooney
Kelsey
P al za
Akers
Noble
Giddings
Court
Akers
Walnut
Court
Ferguson
Riggin
Houston Houston
Court
Court
Burke
Riggin
Demaree
Court
Santa Fe
Riverway
Roeben
Burke
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SB1 Location Map
Plaza Drive Intersection Improvements
Downtown Pavement Rehab
Tulare Pavement Rehab
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0202 Agenda Date: 6/5/2023 Agenda #: 8.
Agenda Item Wording:
Adopt Resolution 2023-15 authorizing the City Manager, or their designee, to execute all documents, including but not limited to, applications for grants, agreements, amendments, requests for local assistance payment programs, and related authorizations for CalRecycle.
Deadline for Action: None
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, [email protected], 713-4533 Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:
Staff recommends adopting resolution 2023-15 authorizing the City Manager, or their designee, to execute all documents, including but not limited to, applications for grants, agreements, amendments, requests for local assistance payment programs, and related authorizations for CalRecycle.
Background Discussion:
CalRecycle is the oversight authority for various granting and permitting programs, including the Local Assistance Payment Program, the Bottle Bill grant, and curbside recycling permits. Program policies include the requirement for an adopted resolution assigning signature authority for CalRecycle program payments and documents from each agency. Failure to provide an approved signature resolution will result in any grant award funding being withheld.
The City annually receives about $35,000 from the Bottle Bill grant and about $35,000 from the curbside supplemental grant funding. In addition to these annual amounts, CalRecycle has recently awarded the City of Visalia a SB1383 Local Assistance grant in the amount of $183,590. These programs are administered by CalRecycle and have policy requirements that include having an approved signature resolution on file from the City before any future funds can be distributed. Since the City’s previous resolution that was adopted on April 19, 2016 that satisfied this requirement, CalRecycle has updated the language that must now be included. CalRecycle provides an approved template resolution which has been adapted to the City’s resolution format. The resolution has been reviewed for content by the City Attorney’s office and CalRecycle grant representatives and, upon approval, will be valid until May 31, 2028.
The annual Bottle Bill funds described above are used to offset the costs of litter removal and illegal dumping throughout the City. The recent SB1383 Local Assistance grant is a one-time grant designed to reduce emissions of short-lived climate pollutants. The City will use these funds over the next 2 fiscal years to purchase additional green waste bins in an effort to reduce organics and food waste that are sent to the landfill.
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File #: 23-0202 Agenda Date: 6/5/2023 Agenda #: 8.
Fiscal Impact:
N/A
Prior Council Action: N/A
Other: N/A
Alternatives: To not approve the authorization and not receive payment from CalRecycle programs.
Recommended Motion (and Alternative Motions if expected):
I move to adopt Resolution 2023-15 authorizing the City Manager, or his/her designee, to execute all documents, including but not limited to, applications for grants, agreements, amendments, requests for local assistance payment programs, and related authorizations for CalRecycle...end Environmental Assessment Status: N/A
CEQA Review: Exempt
Attachments: Resolution 2023-15
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RESOLUTION NO. 2023-15
RESOLUTION of the City of Visalia authorizing submittal of application(s) for all CalRecycle Grant and Payment Programs for which the City of Visalia is eligible WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the City of Visalia is authorized to submit an application to CalRecycle for any and all grant and payment programs offered; and
2. That the City Manager or his/her designee is hereby authorized and empowered to execute in the name of the City of Visalia all documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure funds and implement the approved grant or payment project; and
3. That these authorizations are effective from the date of adoption through May 31, 2028.
PASSED AND ADOPTED: June 5, 2023 LESLIE B. CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
374
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2023-15 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 5, 2023.
Dated: June 6, 2023 LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
375
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0211 Agenda Date: 6/5/2023 Agenda #: 9.
Agenda Item Wording:
Authorize the City Manager to execute a new sole source contract with Municipal Maintenance Equipment (MME) for service, repair, and parts for the City’s Vac-Con equipment. This contract will be for one year, with 4 one-year optional renewals with a not to exceed amount of $75,000 per year, $375,000 over the life of the contract.
Deadline for Action: 6/5/2023
Submitting Department: Public Works
Contact Name and Phone Number: Mike Morgantini, Fleet Supervisor, [email protected] <mailto:[email protected]>, 713-4182; Nick Bartsch, Public Works Director, [email protected] <mailto:[email protected]>, 713-4052 Department Recommendation:
Staff recommends that the Council authorize the City Manager to execute a new sole source contract with Municipal Maintenance Equipment (MME) for service, repair, and parts for the City’s Vac-Con equipment. This contract will be for one year, with 4 one-year optional renewals with a not to exceed amount of $75,000 per year, $375,000 over the life of the contract. A sole-source is requested because MME is the only qualified proposer in our area.
Background Discussion:
The City of Visalia currently has three (3) Vac-Con trucks used by the Wastewater Collection Division. These trucks are used in a variety of different applications, but most commonly, they are used to clean out sanitary sewer and storm water pipelines, catch basins, and manholes by water jetting and vacuuming out debris. In an effort to maintain consistency and the reliability of its fleet, the ability to service, repair and purchase factory replacement parts for this equipment is critical. In many cases, this is only possible through the utilization of a contract through a factory authorized dealer. Municipal Maintenance Equipment (MME) is the only authorized Vac-Con dealer in California, with locations throughout the state. Prior spending for last 4 years was:
2019/20: $34,439
2020/21: $73,776
2021/22: $46,954
2022/23: $14,914 (to date)
Fiscal Impact:
This contract will have a not to exceed amount of $75,000 per year, $375,000 over the life of the contract.
Expenditures will be paid initially out of the Fleet fund (501). These costs are then charged to the user department through monthly allocations.
On average, the City has spent over $50,000 per year with Municipal Maintenance Equipment (MME) in recent years. With the increases in costs across the industry, these costs may increase over the life of the contract.
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File #: 23-0211 Agenda Date: 6/5/2023 Agenda #: 9.
Prior Council Action: In September of 2015, the Council awarded a contract to Municipal Maintenance Equipment, Inc. for the purchase of one (1) Vac-Con combination sewer and storm drain cleaner truck. In June of 2018, the Council awarded a sole source contract to Municipal Maintenance Equipment, Inc. for service, repair, and parts for the City’s Vac-Con equipment in an amount not to exceed $50,000 per year for a period of 5 years.
Alternatives: These services could be competitively bid via the Request for Proposals (RFP) process through the City’s Purchasing Department. (As the only authorized franchise dealer for these parts and services in California, Municipal Maintenance Equipment would be the only qualified proposer.) Recommended Motion (and Alternative Motions if expected):
Staff recommends that the Council authorize the City Manager to execute a new sole source contract with Municipal Maintenance Equipment (MME) for service, repair, and parts for the City’s Vac-Con equipment. This contract will be for one year, with 4 one-year optional renewals with a not to exceed amount of $75,000 per year, $375,000 over the life of the contract.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Click or tap here to enter text.
Visalia City Council Page 2 of 2 Printed on 6/2/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0217 Agenda Date: 6/5/2023 Agenda #: 10.
Agenda Item Wording:
Authorization to execute annual service agreement with College of the Sequoias Training Resource Center for $75,000 for FY 2023/24 services.
Deadline for Action: 6/5/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Devon Jones, Economic Development Manager, [email protected] <mailto:[email protected]>, (559) 713-4190
Department Recommendation:
Authorize staff to execute a one-time annual service agreement with College of the Sequoias Training Resource Center (TRC) for $75,000 for FY 2023/24 services. These funds have been appropriated as part of the midyear budget revision process and are therefore available for this purpose in the revised Economic Development Division budget.
Background Discussion:
A consistent need amongst industrial employers in the City of Visalia is a skilled workforce, particularly with the growth occurring in the industrial park today. While there are numerous investments being made into many high quality academic and workforce development programs in the area, this funding will kickstart a pilot concept that aims to make customizable training services easier to access for Visalia Industrial Park (VIP) employers. The TRC manages the largest Employment Training Panel Multiple Employer Contract award in the greater region and provides responsive, short-term, customized workplace education and training solutions.
This funding will execute a service contract with the TRC to provide training solutions physically in the VIP to make the trainings less costly for TRC to administer which in turn reduces costs to participating employers and leads to increased access, upskilling of workers, and increased wages. It is the expectation of staff that TRC will provide nimble delivery of training solutions, which could include services more aptly described as skills assessments for other student, job seeker, or incumbent worker populations per participating employers’ requests. The pilot program will be for one year with the aim of demonstrating proof in concept that will garner ongoing support from other potential funding sources such as the Good Jobs Challenge grant.
Fiscal Impact:
On April 17, 2023, Council approved a mid-year budget adjustment from the General Fund in the amount of $75,000 for the one-year pilot program.
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File #: 23-0217 Agenda Date: 6/5/2023 Agenda #: 10.
Prior Council Action:
· 4.17.23 - Approved appropriation of $75,000 for this purpose as part of midyear budget revision process.
Other: N/A
Alternatives: Per Council direction
Recommended Motion (and Alternative Motions if expected):
I move to authorize staff to execute a one-time annual service agreement with College of the Sequoias Training Resource Center for $75,000 for FY 2023/24 services...end Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: TRC service agreement
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TRC - Visalia Customized Training