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, August 7, 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:
VISALIA ANIMAL SERVICES CENTER
Candace Harrington, Animal Services Manager
ADMINISTRATION - CIP
Anthony Tablizo, Traffic Information Systems Specialist 23-0287
2. Presentation on the City’s Neighborhood Traffic Management Program Policy.
23-0252
3. Receive an update on the City-wide marketing and rebranding project, including recommended logo and tagline, and provide input for next steps.
23-0271
4. Receive the 2023 4th of July Illegal Fireworks Enforcement Detail report presented by the Visalia Fire Department.
23-0294
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
1 City Council Meeting Agenda - Final August 7, 2023
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. 23-0275
2. Authorize City Manager to execute Facility Use Agreements with Visalia Youth Softball Association and Kaweah Little League Softball D.B.A. Sequoia Softball for the Riverway Softball Complex for the purpose of youth softball games.
23-0054
3. Authorize re-certification of Self-Help Enterprises, Inc. (SHE) as a Community Housing Development Organization (CHDO); authorize an award for approximate $630,000 in FY 23/24 HOME funds, as a 55-year residual receipt loan, toward construction of an 80-unit multi-family housing development known as Rancho Colegio; and authorize the City Manager to execute a letter of commitment for Self-Help Enterprises for Rancho Colegio for an amount up to $1,290,000 (combined FY 23/24 and FY 24/25 HOME funding). 23-0157
2 City Council Meeting Agenda - Final August 7, 2023
4. Consider for appointment two candidates, Janelle Hickey and Zachary Boudreaux, as recommended by Council sub-committee, for Parks and Recreation Commission vacancies.
23-0283
5. Approve continued membership in Tulare County Economic Development Corporation (TCEDC) for FY 2023/24 for $60,000 and appropriate $10,000 from General Fund to Economic
Development Division budget.
23-0284
6. Authorization to amend the amend FY 2023-24 Community Development Block Grant (CDBG) Annual Action Plan in the amount of $1,129,275, amend the FY 2023-24 Permanent Local Housing Allocation (PLHA) budget by $750,000, and appropriating additional funds from the Successor Agency Housing of $300,000 ($50,000 in FY 2023-24 and $250,000 in FY 2024-25) in order to provide additional support to the Navigation Center development funding of $2,179,275.
23-0286
7. Request authorization to record the final parcel map for Site Plan Review (SPR) No. 2022-110, located on the southwest corner of East Sweet Avenue and North Ben Maddox Way (APN:
091-072-018).
23-0288
8. Request authorization to record the final parcel map for Tentative Parcel Map No. 2023-06, located at the northwest corner of North Cain Street and East Houston Avenue APN: 098-200-070.
23-0289
9. Second reading and adoption of Ordinance No. 2023-06 approving the revision to Visalia Municipal Code Chapter 10.16.210, which regulates commercial vehicles in residential zones within the City of Visalia. A Notice of Exemption was prepared for the ordinance amendment in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (Public Resources Code 21083). Notice of Exemption No. 2023-34
disclosed that the revisions to Section 10.16.210 will have no significant effect on the environment because the proposed ordinance will establish objective performance standards that regulate the parking of commercial vehicles in in residential zones. 23-0290
10. Consideration of mural application requests from Arts Consortium for two murals - one on the east face of the south-facing façade, and one on the west-facing façade - on the Lofts at Fort Visalia mixed use residential development located at 340 East Oak Avenue (northwest corner of Oak Avenue and Bridge Street). 23-0295
3 City Council Meeting Agenda - Final August 7, 2023
11. Authorize the City Manager to enter into a purchase addendum to the Department’s existing five (5) year sole source contract with Motorola Solutions, to upgrade the Insight module, including associated maintenance costs, and Data Replication module for a total cost of $34,049 and appropriate $30,604 from the General Fund for FY 23/24.
23-0298
12. Authorization to establish a contract with Jaxon Enterprises (dba Deer Creek Asphalt) by piggybacking on the County of Tulare Contract No 1905 for Hot Mix Asphalt, Contract No 1902 for 3/8” Cold Mix Asphalt, and Contract No 1904 for ½” Cold Mix Asphalt at a total amount not to exceed $400,000 annually.
23-0300
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. First Reading of Ordinance 2023-07 amending the Visalia Municipal Code Chapter 13.20, Water Conservation, to partially exempt groundwater users subject to the jurisdiction of and regulation by the Mid Kaweah Groundwater Sustainability Agency. 23-0269
2. Public hearing and consideration of the following actions:
1. Adopt Initial Study / Mitigated Negative Declaration No. 2023 -32 for Annexation No. 2022-04, Shepherds Ranch II
Tentative Subdivision Map No. 5589, and Tentative Parcel Map No. 2022-03 (Resolution No. 2023-36 required); and
2. Initiation of Proceedings for Annexation No. 2022-04, a request by D.R. Horton, to annex a 40.44-acre parcel into the City Limits of Visalia located on the east side of Road 88, approximately ¼ mile south of West Goshen Avenue.
(APN: 081-030-080) (Resolution No. 2023-37 required); and
3. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and
4. Authorize the City Manager to sign and enter into a
Pre-Annexation Agreement.
23-0263
3. Public hearing to consider and adopt a Resolution of Necessity to acquire property and temporary construction easements from portions of eight separate properties of APN 126-130-007, 126-130-009, 126-130-013, 126-670-023, 126-670-024,
126-700-043, 126-700-049, and 123-300-040 all of which are located along Caldwell Avenue between Santa Fe Street and Lovers Lane for the purpose of widening Caldwell Avenue (CP8268).
23-0281
4 City Council Meeting Agenda - Final August 7, 2023
4. Public hearing and consideration of the following actions:
1. Adopt Initial Study / Mitigated Negative Declaration No. 2022 -18 for Annexation No. 2022-03, Barr & Wood Tentative
Subdivision Map No. 5588, Conditional Use Permit No. 2022 -06, and Tentative Parcel Map No. 2022-02 (Resolution No. 2023-34 required); and
2. Initiation of Proceedings for Annexation No. 2022-03, a request by Woodside Homes to annex one parcel totaling
approximately 69.35-acres into the City Limits of Visalia, located at the northwest corner of South Roeben Street and West Whitendale Avenue (APN: 119-022-041) (Resolution
No. 2023-35 required); and
3. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and
4. Authorize the City Manager to sign and enter into a
Pre-Annexation Agreement.
23-0296
CLOSED SESSION REPORT
ADJOURNMENT
UPCOMING CITY COUNCIL MEETINGS
1. UPCOMING CITY COUNCIL MEETINGS:
Monday, August 21, 2023, @ 7:00 p.m., 707 W. Acequia
Tuesday, September 5, 2023 @ 7:00 p.m., 707 W. Acequia
If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, on or before Monday, August 7, 2023 to discuss your accessibility needs: 559-713-4512 or [email protected]
<mailto:[email protected]>.
23-0282
5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0287 Agenda Date: 8/7/2023 Agenda #: 1.
Agenda Item Wording:
NEW EMPLOYEE INTRODUCTIONS:
VISALIA ANIMAL SERVICES CENTER
Candace Harrington, Animal Services Manager
ADMINISTRATION - CIP
Anthony Tablizo, Traffic Information Systems Specialist Visalia City Council Page 1 of 1 Printed on 8/4/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0252 Agenda Date: 8/7/2023 Agenda #: 2.
Agenda Item Wording:
Presentation on the City’s Neighborhood Traffic Management Program Policy.
Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Leslie Blair, Senior Civil Engineer, [email protected], (559)713-4633 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 a presentation on the City of Visalia Neighborhood Traffic Management Program Policy. The policy and process are explained in more detail in the attached presentation.
Background Discussion:
The Neighborhood Traffic Management Program (NTMP) Policy was approved and adopted by the Council on April 18, 2011. The goal of the NTMP is to reduce excessive traffic volume and vehicular speeding within neighborhoods and improve the residents’ quality of life. All too frequently, members of the Council and City staff hear concerns from residents that “too many cars are going too fast by my house or through my neighborhood”. Along with these concerns come related requests for the installation of stop signs, street closures, or speed ’bumps’ to provide a “traffic calming effect” or to “increase safety”. The NTMP Policy was developed to serve as a tool to uniformly address these neighborhood traffic calming related issues while consistently applying appropriate laws, standards and/or policies such as the California Manual on Uniform Traffic Control Devices (CA MUTCD), the California Vehicle Code, the Street and Highways Code, City Code, and related City Policies.
The NTMP was developed through Council input and public comment received during a Council Work Session on January 18, 2011. The adopted NTMP Policy incorporated Council’s comments and direction, and resulted in an effective and efficient traffic calming program that addresses resident’s concerns regarding excessive vehicle speed and traffic volumes on neighborhood streets. The NTMP Policy outlines a process for neighborhood groups (experiencing these concerns) to work with the City to improve their quality of life. As the name suggests, the Neighborhood Traffic Management Program (NTMP) is a process that includes the efforts and involvement of the effected neighborhood.
It is important that representatives from the requesting neighborhoods work closely with City staff throughout this process. Often, these issues can be substantially resolved utilizing a combination of traffic calming and traffic enforcement “tools”.
Since it has been twelve years the NTMP was approved and adopted by Council, staff is presenting information on the Neighborhood Traffic Management Program Policy to educate Council on the Visalia City Council Page 1 of 2 Printed on 8/4/2023
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File #: 23-0252 Agenda Date: 8/7/2023 Agenda #: 2.
Program and the process for addressing traffic calming related requests.
City Council may provide direction to staff to retain, revise, or cease the policy if Council chooses.
Fiscal Impact:
None
Prior Council Action:
April 18, 2011 - Adopted Neighborhood Traffic Management Program Policy and authorized the funding of the program in a not to exceed amount of $50,000 out of the Gas Tax Fund.
Other:
None
Alternatives:
Council may direct staff to investigate and return with revisions. In addition, Council may direct staff to cease the use of the policy.
Recommended Motion (and Alternative Motions if expected):
No Motion, Informational only.
Environmental Assessment Status:
N/A
CEQA Review:
N/A
Attachments:
Neighborhood Traffic Management Program Policy Handbook Neighborhood Traffic Management Program Presentation
Visalia City Council Page 2 of 2 Printed on 8/4/2023
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CITY OF VISALIA
Neighborhood Traffic
Management Program (NTMP) Policy
Information Booklet
CITY OF VISALIA
Engineering Department
Traffic Engineering Division
315 E Acequia Avenue(City Hall East)
Visalia, CA 93291
559-713-4350
9 Neighborhood Traffic Management Program Page 2 of 6
Neighborhood Traffic Management Program Policy
(NTMP Policy)
Overview: The NTMP Policy was first approved and adopted by the Visalia City Council April 18, 2011. The NTMP is to be used as a tool to uniformly address traffic calming related issues in neighborhoods within the City of Visalia.
The goal of the program is to reduce excessive traffic volume and vehicular speeding to improve residents’ quality of life. As the name suggests, the Neighborhood Traffic Management Program (NTMP) is a process that includes the efforts and involvement of the effected neighborhood. Staff from the City’s Traffic Engineering Division will guide the representatives from the requesting neighborhood through the process which can be described in six steps:
NTMP Process
1. Initial Request
2. Traffic Studies
3. Public Meeting/Develop Plan
4. Petitions/Obtain Consensus
5. Implementation/Construction
6. Evaluation
1. Initial request. Any City of Visalia property owner is eligible to inquire about ongoing neighborhood traffic concerns, traffic calming in their neighborhood. Upon receiving a request for assistance with on-going neighborhood traffic concerns, Visalia’s Traffic Engineering Division will provide this booklet and additional information to the concerned property owner(s). This information booklet and a request form can also be downloaded from the City’s website at: insert webpage.
After reading this information, if a homeowner is interested in the NTMP and is willing to be a volunteer liaison, they should complete the “NTMP Request Form” and return it to the City. This will initiate the process for participating in the NTMP.
Important Note: Only public roadways that are paved and maintained by the City are eligible for the NTMP. New subdivision developments must be completely “built out” before they are eligible since the true traffic patterns cannot be determined until this occurs.
2. Traffic study: Upon receipt of a completed Neighborhood Traffic Request Form, a traffic study will be scheduled in the neighborhood. Requests for traffic studies will 10 Neighborhood Traffic Management Program Page 3 of 6
be conducted in the order they are received and depending on the availability of staff and funding. Traffic studies are usually conducted during the school year unless unique circumstances exist, as determined by City Traffic Engineering Division staff.
The study area will be determined by City staff using engineering judgment to include the area most likely to be affected by the implementation of traffic calming measures requested. The location and type of any traffic calming measure is subject to the review of the City’s Police and Fire Departments for potential impact to response times.
Since the NTMP is intended for neighborhood streets that typically have speed limits of 25 MPH, any street with a speed limit greater than 30 MPH is not eligible for traffic calming measures. Streets designated as “collectors” (secondary streets that “collect” traffic from arterial roadways and funnel it into neighborhoods) may only be eligible if in addition to all of the NTMP program criteria, all of the following apply:
They have no more than one travel lane in each direction The posted speed limit is 30 MPH or less
They go through a residential neighborhood
The City of Visalia Fire Department approves based on primary emergency response access routes
MINIMUM NTMP CRITERIA
Neighborhoods streets that meet one of the following criteria are eligible to participate in the NTMP:
NTMP Criteria Table
Street Classification
(posted speed limit)
Average Daily Traffic
Volume (vehicles per day)
85th Percentile
Speed (mph)
Residential (25 MPH) Greater than 750 30 or greater
Collector (30 MPH) Greater than 3000 35 or greater
3. Public Meeting/Develop Plan: If the results of the traffic study show the neighborhood meets the NTMP criteria, a public meeting with residents in the neighborhood may be held by City staff. Requests for meetings are scheduled in the order they are received. Meeting notices are prepared by City staff and mailed to residents and property owners through the U.S. Postal Service according to the Tulare County Assessor’s address records. At the meeting, City staff will discuss traffic calming and the NTMP process, the results of the traffic study, and potential alternatives for traffic projects in the neighborhood. This step can be conducted in a variety of ways including the following:
A public meeting or open house meeting
A survey of homeowners in the neighborhood
Through the Homeowner’s Association Board on behalf of the neighborhood Homeowners can volunteer to form a traffic calming committee that can work with City staff on preferences
11 Neighborhood Traffic Management Program Page 4 of 6
4. Petitions/Obtain Consensus: After the public meeting, residents may request the City of Visalia to prepare petitions for specific traffic calming features on specific roadways. A list of traffic calming measures available through the NTMP is included at the back of this information booklet and can be viewed in greater detail at Website address on the “Traffic Calming Measures” link.
Traffic calming measures, except for signs, are first to be installed on a temporary basis for a 90-day test period. If after the 90-day test period no objections are received or if City staff has not observed any negative effects of the traffic calming measure(s), then the traffic calming measure(s) will be permanently installed.
Requests for signs for traffic restrictions may be either temporary for a 90-day test period or permanent. Complete roadway closures are not allowed through the NTMP.
All petition forms shall be prepared by City staff and provided to residents. A map showing the location of the traffic calming measures and the petition boundary area shall also be included. City staff shall determine all petition boundaries on a case by case basis for the individual measures requested by residents. Boundaries can be enlarged or reduced where applicable as determined by City’s Traffic Engineering staff.
Consensus from homeowners must be obtained in order to proceed with the installation of the traffic calming measures. Consensus is sought in writing through a petitioning process. In order to move on to the construction phase, the petition must be approved (by petition signature) by at least 80% of the property owners within the designated study area. In the case of multiple owners of one parcel, only one owner’s signature per parcel will be counted.
Homeowners will be provided four months from the date the petitions are issued by the City to the neighborhood for the petitions to be circulated and returned. The petitions will expire after four months. However, a one time, one month extension can be requested by the neighborhood in writing. If the neighborhood fails to return the petitions within the four months or the petitions are returned with an inadequate number of valid signatures, the process will stop and the neighborhood will have to wait one year after the petition expires before they may reapply.
5. Implementation: A minimum of 80% of the signatures within a petition boundary is required for any petition to be approved.
Funding for permanent NTMP measures is based on a first come, first serve basis and subject to funding availability. The neighborhood shall pay for a minimum of 50% of the cost of the permanent traffic calming measure(s). A neighborhood can provide the funds for the purchasing of the materials and the cost of installation if they so choose. The criteria set forth in this program will govern whether any traffic calming measures are installed.
12 Neighborhood Traffic Management Program Page 5 of 6
For signs and temporary traffic calming features (other than speed humps), the City of Visalia will pay 100% of the cost provided a minimum of 80% of the signatures within the petition boundary is obtained.
6. Evaluation. After the installation, a secondary traffic study will be completed to evaluate the effectiveness of the NTMP measures. Based on the results, residents may decide if they want to try another temporary NTMP measure, install permanent NTMP measures, or remove the temporary measures altogether. 13 Neighborhood Traffic Management Program Page 6 of 6
CITY OF VISALIA
Example of NTMP Measures
No Parking Signs
Right-Turn Diverter
Speed Tables
Chicane
Speed Humps
Turn Prohibitions
Diagonal Diverter Semi-Diverter
Island Diverter Median Island
NO
PARKING
7 AM—4 PM
EXCEPT
SCHOOL
BUSES
Traffic Circles
14 NEIGHBORHOOD
TRAFFIC
MANAGEMENT
PROGRAM
August 2023
15 AGENDA
Neighborhood Traffic Management Program (NTMP)
Policy
Traffic Calming Measures
NTMP Process
Statistics
Example
Q & A
16 NTMP POLICY
Council approved and adopted
2011
17 NEIGHBORHOOD TRAFFIC
MANAGEMENT PROGRAM
(NTMP) POLICY
For – Residential neighborhoods
experiencing a high volume of traffic and
speed
Purpose - Tool to uniformly address
traffic calming related issues in
neighborhoods
Goal – Improve residents’ quality of life
18 TRAFFIC CALMING MEASURES
19 SIGNS
Turn Prohibitions No Parking Stop Signs
20 NARROW ROADWAY WIDTH
Traffic Circles Chicanes Median Island
21 DIVERTERS
Island Right Turn Semi
Complete roadway closures not allowed through the NTMP process 22 TRAFFIC CALMING MEASURE
Speed Table Speed Bump
23 NTMP PROCESS
24 NTMP PROCESS
Initial Request
Traffic Studies
Public Meeting/Develop Plan
Petitions/Obtain Consensus
Implementation/Construction
Evaluation
25 INITIAL REQUEST
Neighborhood initiates
Roadway eligible?
26 ELIGIBLE
ROADWAYS
Neighborhood street - 25 MPH
speed limit
Existing streets – Policy not
intended for new development
Paved and maintained by the City
27 NTMP PROCESS
Initial Request
Traffic Studies
Public Meeting/Develop Plan
Petitions/Obtain Consensus
Implementation/Construction
Evaluation
28 TRAFFIC STUDIES
Study area
Collect speed & traffic volume data
Minimum NTMP criteria met?
29 TRAFFIC STUDIES
NTMP Minimum Thresholds
• Both volume and speed criteria must be met to qualify Street Classification
(posted speed limit)
Average Daily Traffic Volume
(vehicles per day)
85th Percentile Speed
(mph)
Residential
(25 MPH) Greater than 750 30 mph or greater
30 SPEEDING
85th Percentile Speed
(Critical Speed)
Not average speed
Used in traffic engineering field
Document a speeding problem
31 NTMP PROCESS
Initial Request
Traffic Studies
Public Meeting/Develop Plan
Petitions/Obtain Consensus
Implementation/Construction
Evaluation
32 PUBLIC MEETING/DEVELOP
PLAN
Staff & Neighborhood committee meet
Present traffic study results
Discuss NTMP process
Recommend traffic calming measures
Subject to Fire Dept approval
33 NTMP PROCESS
Initial Request
Traffic Studies
Public Meeting/Develop Plan
Petitions/Obtain Consensus
Implementation/Construction
Evaluation
34 PETITIONS/OBTAIN CONSENSUS
Homeowner act as volunteer liaison
Petition boundary area prepared by City
Minimum 80% property owner approval
Location requires approval of all adjacent property owners 4 months to complete. 1 month extension allowed.
If fail to complete, process stops. Wait 1 year to reapply 35 NTMP PROCESS
Initial Request
Traffic Studies
Public Meeting/Develop Plan
Petitions/Obtain Consensus
Implementation/Construction
Evaluation
36 IMPLEMENTATION
CONSTRUCTION
Signs and temporary measures – City pay 100%
90-day test period for temporary traffic calming measure 37 NTMP PROCESS
Initial Request
Traffic Studies
Public Meeting/Develop Plan
Petitions/Obtain Consensus
Implementation/Construction
Evaluation
38 EVALUATION
Perform second traffic study
Results?
Not favorable… Remove
Favorable… Continue
39 PERMANENT INSTALLATION
Neighborhood Consensus
for Permanent
Circulate 2nd Petition
Minimum 80% property
owner approval
Adjacent property
owners' approval
Install Permanent Traffic
Calming
Impacted neighborhood
fund minimum 50% of
cost
40 NEIGHBORHOOD
STATISTICS
• 20 per year
Speed related traffic concerns
• 15 per year
Requests for STOP signs
• 1 intersection per year
STOP signs installed
• 10 per year
Inquiries for NTMP traffic calming
• 1 per year
NTMP criteria met (both speed &
volume)
41 3 ES
Engineering Education Enforcement
42 EXAMPLE
Visalia Neighborhood
2014
43 VISALIA
NEIGHBORHOOD
2014
• Initial Request/Concern
Speeding on Buena Vista and
Tommy
Cut through traffic on Buena
Vista
44 VISALIA
NEIGHBORHOOD
2014
• Traffic Study Traffic data collected Results • Buena Vista met criteria • Tommy did not meet criteria • Cut through traffic not documented
Recommendation • Install 3 speed tables on Buena
Vista
45 VISALIA NEIGHBORHOOD
2014
• Public Meeting/Develop Plan
• Neighborhood Meeting
• Action Plan
46 VISALIA NEIGHBORHOOD
2014
• Petitions/Obtain Consensus
• Unable to locate speed tables
• Process halted
47 NTMP POLICY
DISCRETIONARY ITEMS
Discretionary
• Threshold Criteria – Traffic Volume
• Current Policy - 750 vehicles per day or higher
• Petition/Consensus – Percent homeowner approval
• Current Policy - 80% minimum
• Petition/Consensus – Time allotted to complete process • Current Policy – 4 months with 1 month extension
• Funding of permanent traffic calming measure
• Current Policy - Minimum 50% of cost paid by homeowners 48 QUESTIONS &
ANSWERS
Neighborhood Traffic Management Program
49 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0271 Agenda Date: 8/7/2023 Agenda #: 3.
Agenda Item Wording:
Receive an update on the City-wide marketing and rebranding project, including recommended logo and tagline, and provide input for next steps.
Deadline for Action: 8/7/2023
Submitting Department: Administration
Contact Name and Phone Number: Allison Mackey, Communications Manager, 713-4535; Diane Davis, Human Resources Manager, 713-4575
Department Recommendation:
It is recommended that the Visalia City Council review the options presented and select the new City logo, mission statement, vision statement, brand promise, values, and tagline.
Background Discussion:
In previous action, City Council approved a City-wide marketing and rebranding capital improvement project. We the Creative (WTC) was awarded the contract for the project through a competitive bid process. The overarching goal is to update the City’s identity, image, and brand to market the positive aspects of working for and living in the City of Visalia, as well as create a cohesive, modern, identifiable look to be used throughout the organization.
The process of rebranding began with a discovery phase examining the City of Visalia’s strengths, challenges, personality, organizational culture, and key attributes. This phase involved WTC meeting with the City’s project team, taking tours of the community, conducting roundtable discussions and focus groups that included City Council, City staff, residents, business owners, and staff from other stakeholder organizations.
Additional outreach included digital community surveys that were available to the public at large and were accompanied by targeted outreach to community partners such as Kaweah Health and the Visalia Chamber of Commerce and Tulare Kings Hispanic Chamber of Commerce. The results of the survey were reviewed and WTC then held further focus groups and one on one meetings to verify what the survey results had presented.
Ultimately, WTC found that there was a strong agreement that the results of the survey and the information culled from the community, (over 800 individual interactions), presented a cohesive vision of Visalia. This included the statements that Visalia had a small town/hometown feel with big city feel/amenities, that the city was vibrant with a good downtown and that Visalia was family friendly oriented. Through the discovery phase, WTC noted the words simple, casual, traditional, friendly, agriculture and diverse were repeated across discussions and focus groups. In discussion of a logo, respondents shared they would like it to be simple, artistic, colorful, and modern, while the top visuals Visalia City Council Page 1 of 4 Printed on 8/4/2023
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File #: 23-0271 Agenda Date: 8/7/2023 Agenda #: 3.
they identified would include agriculture, oak trees, view of the mountains and downtown. All of this information from conversations, surveys and interviews informed how the logo options and brand messaging components were developed.
Logo Development
One of the first steps in the branding process was to create a logo that is visually appealing, recognizable, and representative of Visalia. The input received during discovery indicated it should be simple, artistic, colorful, and modern. WTC initially presented 29 logo concept options, which were then narrowed down to a top three after review and input from the internal project team, City department heads, and staff. Council was also provided an opportunity to, individually, review the top options. From that input, a single concept was selected which is referred to as the “Breaking through the V” option.
Using that concept, WTC was asked to develop style variations of that logo. Presented tonight are five variations of the “Breaking through the V” logo for Council consideration and input (Attachment A). Once a final option is selected from these, WTC will develop various color schemes and font designs for review.
Brand Messaging
In addition to the logo, brand messaging components have also been developed which will be used to further identify and market the City of Visalia. These components were created from information obtained through discovery and further developed and refined through input from the project team and the department head subcommittee (For reference, Attachment B shows existing logo and brand messaging).
Staff asks for Council input, and preferably approval, of the following recommended items as outlined in detail in the WTC presentation (Attachment A). If Council is not comfortable with any or all of these items, Council may provide additional direction to Staff and the consultant. The recommended options (With 3 tagline options for Council to consider) · Mission Statement
o Our mission is to enhance the lives of Visalians by providing services and solutions that create a vibrant and connected community.
· Vision Statement
o To create a vibrant, inclusive, and connected community where people thrive and enjoy a strong sense of place and opportunity.
· Brand Promise
o In all we do, we do it with heart. The City of Visalia and our employees are dedicated to providing quality services and creative solutions to make the community a place we are proud to call home. We strive to deliver services in an approachable and friendly way - the Visalia way.
· City Values
o Community: We care deeply for our community and strive to provide transparency and equitable services in an approachable and friendly way. o Opportunity: We are dedicated to enhancing Visalia by providing opportunities for economic and social development.
o Vibrancy: We embrace unique perspectives and backgrounds to create a vibrant and welcoming community.
Visalia City Council Page 2 of 4 Printed on 8/4/2023
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File #: 23-0271 Agenda Date: 8/7/2023 Agenda #: 3.
· Tagline
o Visalia: A Better Way of Living (WTC, DHG and Committee recommendation) o Experience Visalia. Enhance Your Life. (HR/Recruitment Specific)4 o Visalia: Creating a Better Way of Living
Next Steps
Once the City Council reviews the deliverables created thus far and directs staff on next steps, the Citywide Rebranding process will move forward as directed. This will ultimately include further brand development, creation of marketing campaigns, and photography/videography products. City Council will be provided an update as the process moves forward.
Fiscal Impact:
None with the action requested. The City currently has a Professional Services Agreement with firm We The Creative to complete the rebranding process through contracted services for a total of $150,000. This Citywide Rebranding scope of work includes: 1) Brand Audit: Provide recommendations on redesigning/enhancing existing templates, marketing and promotional materials and other relevant documents, 2) Visual Identity Design: Create a brand visual identity based on knowledge obtained through the branding and communications strategy process, 3) City Identity, Brand Development and Positioning: Brand Promise/Key Marketing Messages, Marketing Tagline, Wordmark, General Use Template Development, Fleet Branding, Solid Waste Truck Branding and Website Content, 4) Marketing Campaigns: Develop specific marketing campaigns (including conception, information architecture, creative design, copywriting and graphic design) that focus on clearly and reflectively marketing the City of Visalia, 5) Brand Hierarch: Provide recommendations on how to best accomplish folding the various City Departments under the unified messaging of the City organization, 6) Visual Identity Guidelines: Create a visual identity guidelines document or Style Book, 7) Photography: Library of 50 photos, 20 B-roll, 10-20 second videos, 8) Videography: A oneminute video giving an overview, benefits of living and working in Visalia.
Prior Council Action: April 17, 2023 - As part of the review of the Fiscal Year 2022/23 mid-year financial report, Council made a General Fund Capital Project appropriation of $50,000 for City rebranding implementation. August 15, 2022 - Council authorized staff to conduct a citywide rebranding process, appropriated an additional $25,000 to cover the costs of completing the administrative portion of the City of Visalia Human Resources Marketing and Branding Services, and appropriated $75,000 to cover the anticipated costs of undertaking and completing the administrative portion of the City of Visalia rebranding (Citywide Rebranding). Council authorized staff to utilize the services of We The Creative (by amending their contract with the City of Visalia Human Resources Division) for a project total of $150,000. March 21, 2022 - City Council approved Proposed Capital Projects by Fund, Project # ADCP09 City Logo Refreshment for Fiscal Year 2024-25 for a total of $50,000. March 15, 2021- City Council reviewed Fiscal Year 2020/2021 mid-year financial report with recommended budget appropriations and authorized the Capital Project Request of City Rebranding for $50,000 to be used for initial implementation of the new branding.
Other: None.
Alternatives: 1. Direct staff to work with We The Creative to apply any desired edits/revisions to the materials presented and re-present the revised options at an upcoming Council meeting. 2. Direct Visalia City Council Page 3 of 4 Printed on 8/4/2023
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File #: 23-0271 Agenda Date: 8/7/2023 Agenda #: 3.
staff to work with We The Creative to develop additional, new options for any or all of the items presented (new City logo, mission statement, vision statement, brand promise, values and tagline).
Recommended Motion (and Alternative Motions if expected):
Approve the new City of Visalia logo number (1, 2, 3, 4 or 5, dependent on Council choice), the new Mission Statement, Vision Statement, Brand Promise, City Values and Tagline.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: A) City of Visalia Logo Explorations and Brand Messaging presentation, B) Current City of Visalia logo and messaging
Visalia City Council Page 4 of 4 Printed on 8/4/2023
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City of Visalia
Current Logo and Brand Messaging
Current City Logo
Brand Messaging
Mission Statement
The Mission Statement, adopted in January 1981, and revised in March 1988, states that the City of Visalia strives to assure that citizens are provided with:
- A clean, safe, well-managed, financially sound, aesthetically pleasing, and environmentally pleasant city in which to live;
- A forum for meaningful participation in political decisions affecting their well-being; - Occupation, recreational and cultural opportunities for self-fulfillment; - A favorable climate for business development.
Code of Ethics
The City of Visalia's Code of Ethics, developed in October 1992, recognizes that public trust and confidence are the basis of an effective democratic government. As individuals who are entrusted with the business of the City, we are dedicated to carrying out our responsibilities with openness, honesty, integrity, fairness, and courage.
We are committed to:
54 City of Visalia
Current Logo and Brand Messaging
- Valuing honesty, integrity, and truthfulness by: Dealing with tough decisions regardless of political consequences; following the spirit, intent and letter of the law; and promoting the public trust; - Setting the example by avoiding entering into situations that may create undue conflict, identify any conflicts of interest which could result in personal or professional gain, and refrain from participation in actions that affect those areas;
- Working for the good of the entire community by being sensitive to the values of the public we serve, respecting the person and property of others, realizing there will be times when the public good will override individual interests, considering the values of the entire community in each decision, and ensuring community values are respected by making decisions that are equitable, just and compassionate, and;
- Being open, accessible, responsive, and efficient in working and communicating with the public, ensuring good public policy exists by making decisions through participation, compromise, and consensus, and providing community members with the opportunity to freely participate in the local government process.
Tagline
The Gateway to the Sequoias
55 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
City of Visalia
LOGO EXPLORATIONS AND BRAND MESSAGING
Presented by
We The Creative
56 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
For Review
CITY LOGO EXPLORATIONS
57 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
1. Simple, Artistic, Colorful, Modern
2. Presented Black & White Explorations
3. Terminology: Logomark/Wordmark/Lock-up
Visalia Visalia
LOGOMARK WORDMARK LOCK-UP
City Logo Parameters
58 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Discovery Recap
1. 800+ interactions; initial conversations, surveys, and interviews
2. Statements:
Small town/hometown feel with big city feel/amenities
Vibrant/good downtown
Family Friendly/Orientated
3. Repeating words: Simple, Casual, Traditional, Friendly, Agriculture, Diverse
4. Logo style: Simple, Artistic, Colorful, Modern
5. Top visuals: Agriculture, Oak Trees, View of Mountains, Downtown 05 59
AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
City Logo Recap
100+ > 29 > 3 > 1
60 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Strong Oak
Visalia protects their oaks.They protect
their own. An oak is strong and has roots.
There’s ties to agriculture. Also a
suggestive V in the midlle of the tree.
We’re Hot
Visalia is know for being hot. The“V”
letters make up the sun rays. The sun is
symbolic of being vibrant, having a lot of
energy, and is positive.
Breaking
through the V
A scene vignetted in a V shape. The
mountains breaking through anchored by
the agricultural fields below. The
typography locked up unconventionally.
61 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Breaking through the V
A scene vignetted in a V shape. The mountains breaking through anchored by Visalia elements. We’ve narrowed 14 variations to 5.
V1 V2 V3 V4 V5
62 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Variation 1
63 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Variation 2
64 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Variation 3
65 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Variation 4
Recommended by COV committee and WTC
66 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Variation 5
67 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
V1 V2 V3 V4 V5
68 For Review
BRAND MESSAGING
AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
69 For Review
BRAND MESSAGING
AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
> MISSION STATEMENT
> VISION STATEMENT
> BRAND PROMISE
> VALUES
> TAGLINE
70 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Current Mission Statement
The Mission Statement, adopted in January 1981, and revised in March 1988, states that the City of Visalia strives to assure that citizens are provided with: - a clean, safe, well-managed, financially sound, aesthetically pleasing, and environmentally pleasant city in which to live; - a forum for meaningful participation in political decisions a
ecting their well-being; -
occupation, recreational and cultural opportunities for self-fulfillment; - a favorable climate for business
development.
71 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Branding Committee and DHG Recommendation:
Mission Statement
Our mission is to enhance the lives of Visalians by providing services and solutions that create a vibrant and connected community.
72 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Currently, the City does not have Aspirational/Vision.
The City has the following posted on the City website, noting a Code of Ethics:
The City of Visalia's Code of Ethics, developed in October 1992, recognizes that public trust and confidence are the basis of an e
ective democratic government. As individuals
who are entrusted with the business of the City, we are dedicated to carrying out our responsibilities with openness, honesty, integrity, fairness, and courage.
73 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
We are committed to:
Valuing honesty, integrity, and truthfulness by: Dealing with tough decisions regardless of political consequences; following the spirit, intent and letter of the law; and promoting the public trust; Setting the example by avoiding entering into situations that may create undue conflict, identify any conflicts of interest which could result in personal or professional gain, and refrain from participation in actions that a
ect those areas;
Working for the good of the entire community by being sensitive to the values of the public we serve, respecting the person and property of others, realizing there will be times when the public good will override individual interests, considering the values of the entire community in each decision, and ensuring community values are respected by making decisions that are equitable, just and compassionate, and;
Being open, accessible, responsive, and e
cient in working and communicating with the public,
ensuring good public policy exists by making decisions through participation, compromise, and consensus, and providing community members with the opportunity to freely participate in the local government process.
•
•
•
•
74 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Branding Committee and DHG Recommendation:
Vision Statement
To create a vibrant, inclusive, and connected community where people thrive and enjoy a strong sense of place
and opportunity.
75 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Branding Committee and DHG Recommendation:
Brand Promise
In all we do, we do it with heart. The City of Visalia and our employees are dedicated to providing quality services and creative solutions to make the community a place we are proud to call home. We strive to deliver services in an approachable and friendly way - the Visalia way
76 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Values
Community
Opportunity
Vibrancy
77 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Values (COV – acronym)
Community
Opportunity
Vibrancy
We care deeply for our community and strive to provide
transparency and equitable services in an approachable
and friendly way.
We are dedicated to enhancing Visalia by providing
opportunities for economic and social development.
We embrace unique perspectives and backgrounds to
create a vibrant and welcoming city.
78 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
Tagline
1. Visalia: A Better Way of Living (WTC, DHG & Committee recommendation)
2. Experience Visalia. Enhance Your Life. (HR/Recruitment Specific)
3. Visalia: Creating a Better Way of Living
79 AUG/07/2023
LOGO EXPLORATIONS AND BRAND MESSAGING
WE THE CREATIVE
THANK YOU
80 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0294 Agenda Date: 8/7/2023 Agenda #: 4.
Agenda Item Wording:
Receive the 2023 4th of July Illegal Fireworks Enforcement Detail report presented by the Visalia Fire Department.
Deadline for Action: 8/7/2023
Submitting Department: Fire Department
Contact Name and Phone Number: Corbin Reed, 559-713-4272 Department Recommendation:
Staff recommends Council receive the 2023 Illegal Fireworks Education and Enforcement Detail Report.
Background Discussion:
This report provides City Council with a summary of events and activities conducted throughout the City of Visalia pertaining to the 2023 Illegal Fireworks Education and Enforcement Detail.
Beginning on June 29th, local non-profit fireworks booths were permitted to open and begin selling safe and sane fireworks. For many of these organizations, fireworks sales comprise most of their funding to sustain operations throughout the year. Fireworks booths are inspected prior to opening and are only permitted to sell safe and sane fireworks. The number of permitted safe and sane fireworks booths is set by City ordinance and based on population. This year, 27 safe and sane fireworks booths were permitted in the City of Visalia. Safe and sane fireworks are relatively quiet, non-disruptive, and typically enjoyed by families until about 10:00 pm. Fountains, sparklers, smoke balls, and ground blossom flowers comprise the majority of safe and sane fireworks used throughout the community. These are very distinct and different from the illegal fireworks that create the danger and angst in the community.
In the weeks leading up to the 4th of July, the Visalia Fire Department proactively hung approximately 2,000 informational door hangers in targeted neighborhoods. These door hangers provided the public with information compiled from the National Fire Protection Association (NFPA) intended to deter the purchase and use of illegal dangerous fireworks, the reporting number for the Illegal Fireworks Hotline, as well as information regarding the rewards program for reporting the sales of dangerous fireworks. Additionally, 41,000 mailers were included in the utility bills sent to Visalia citizens.
Furthermore, the Communications Divisions presented a comprehensive and wide-ranging campaign through the City’s website, social media channels, and platforms like Inside City Hall. During the 4th of July campaign window of June 18 through July 4, the City’s Facebook and Instagram posts related Visalia City Council Page 1 of 3 Printed on 8/4/2023
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File #: 23-0294 Agenda Date: 8/7/2023 Agenda #: 4.
Celebrating Freedom Safely reached a total of 258,500 users.
During the month of June, calls for complaints of the use of illegal fireworks increased from 66 in 2022 to 71; a 7% increase. In July, specifically in the days before and right after Independence Day, calls for complaints again decreased with 647 in 2022 and 530 in 2023.
Year to date, there have been approximately 662 reports of illegal fireworks use. There were 794 reports during the same period in 2022. Where calls for complaints may not directly indicate a decrease in the use of illegal fireworks, this data may indicate approximately a 20% decrease in illegal fireworks activity throughout our community. The sense that illegal fireworks use had decreased this year was also noted by patrol units in the field. Patrol units report witnessing fewer large amounts of fireworks being set off, and instead found smaller amounts being discharged.
Although use remained consistent in some areas with past years, most areas patrolled had a noticeable decrease.
Once again, a call center was operated from the Emergency Operation Center (EOC) during peak hours on July 3rd and 4th. The Call Center allowed for an additional 332 calls to be received and properly routed without inundating Emergency Dispatch services. This year’s calls into the call center surpassed calls received by Dispatch. Ten city staff members were dedicated to receiving and entering call information to be routed to patrols in the field. Complaint information entered by call center staff shows up in real time on the mobile data terminals of the patrols in the field. Each call is indicated by a “target” icon in the area, or in some instances the address, where illegal firework use is reported. This target icon decreases in size as time passes indicating which complaints are more recent and which complaints are older.
Beginning in late June, and continuing through the Independence Day Holiday, dedicated patrol units were assigned to patrol the city for illegal fireworks use. Leading up to July 3rd and 4th, patrol units focused on areas identified as high-use areas throughout the community. This determination was made by analyzing complaint data from 2022,complaints received prior to the detail, as well as reports received during the patrol hours. On July 3rd and 4th, patrol efforts were focused on areas of high call volume or in areas where high use was witnessed by patrol units. Patrol units are not dispatched to specific addresses and some patrol/citizen interactions require the attention of multiple patrols for officer safety. During the patrol period, 67 citations for use/possession of illegal fireworks were issued totaling $140,000 in fines.
An increase in fire related calls was experienced in 2023 over the last couple of years. Seven structure fire responses, four tree fires, four grass fires and six trash bin fires were dispatched on the 4th of July. Most of these responses were related to the improper use or disposal of illegal and/or safe and sane fireworks.
The Community Services Department successfully partnered with community stakeholders on events throughout the community to celebrate Independence Day safely. The events were largely well attended and a breakdown of participation in each event is included in the included presentation.
Lastly, the Animal Services Division experienced a total of 55 animals impounded, the same as in Visalia City Council Page 2 of 3 Printed on 8/4/2023
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File #: 23-0294 Agenda Date: 8/7/2023 Agenda #: 4.
2022, with 18 being reclaimed this year compared to only five in 2022.
Fiscal Impact:
Citations for illegal fireworks use and/or possession start at $2,000 for the first offence, $3,000 for the second offence, and $4,000 for three or more offences.
Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
No motion required; information only
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 2023 Illegal Fireworks Enforcement Detail Report PowerPoint Visalia City Council Page 3 of 3 Printed on 8/4/2023
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2023 4TH OF JULY ILLEGAL FIREWORKS
ENFORCEMENT DETAIL REPORT
Visalia Fire Department
84 NON-PROFIT SAFE AND SANE BOOTHS
• Sales may begin on July 29th.
• 27 booths placed throughout our community.
• Number of approved booths is based on population per
ordinance.
• Booths are inspected prior to opening and are only allowed to sell Safe and Sane fireworks provided by vendor.
85 PREVENTION
• Hung approximately 2,000 door hangers throughout our
community.
• Banners hung at each Fire Station.
• 41,000 mailers included in utility bills delivered in June. • Social media posts by the Public Safety PIO and Social Media Division.
– Posts reached as many as 258,500 total users across Facebook and Instagram.
86 REPORTS OF ILLEGAL FIREWORKS USE
• 7% increase was seen in June, bringing calls up from 66 in 2022 to 71 in 2023.
• 22% decrease in July dropping calls from 647 in 2022 to 530 in 2023. • 20% decrease in calls year to date compared to 2022.
• Although some areas remained consistent with years past, most patrol staff in the field advised seeing a drop in use throughout the community. 87 CALL CENTER
• In operation on July 3rd and 4th
• 10 dedicated call takers (city staff).
• Calls into the call center surpassed calls to dispatch for the first time. • Information relayed in real time to patrol units in the field. • Handled 332 calls that would have otherwise been directed to Dispatch. • Dispatch received an additional 330 reports.
88 CITATIONS ISSUED VS CALLS RECEIVED
50 87 88
125
119
82 67
0 20
40 60
80 100
120
140
2016 2017 2018 2019 2020 2021 2022 2023 2024
Citations Issued
589
987
672
1843
1297
796
662
0 200
400
600
800
1000
1200
1400
1600
1800
2000
2016 2017 2018 2019 2020 2021 2022 2023 2024
Calls Received
89 ENFORCEMENT
• Citations begin at $2,000 and increase to $4,000 per violation. – 63, $2,000 citations issued (first time offenders).
– Two, $3,000 citations issued (second time offenders). – Two, $4,000 citations issued (three + time offenders). • Totaling $140,000 in citations issued during patrol period. • Each patrol unit consisted of a Visalia Police Officer and Visalia Fire Department member.
• One GIS Analyst in the field during all patrols auditing reporting system 90 CALL MAP WITH CITATION LOCATIONS
91 92
93 THIS CONCLUDES THE 2023 4TH OF JULY ILLEGAL FIREWORKS ENFORCEMENT DETAIL REPORT.
THANK YOU.
94 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0275 Agenda Date: 8/7/2023 Agenda #: 1.
Agenda Item Wording:
Authorization to read ordinances by title only.
Visalia City Council Page 1 of 1 Printed on 8/4/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0054 Agenda Date: 8/7/2023 Agenda #: 2.
Agenda Item Wording:
Authorize City Manager to execute Facility Use Agreements with Visalia Youth Softball Association and Kaweah Little League Softball D.B.A. Sequoia Softball for the Riverway Softball Complex for the purpose of youth softball games.
Deadline for Action: 8/7/2023
Submitting Department: Community Services
Contact Name and Phone Number: Laurissa Roggenkamp 713-4336 and Kelli Kincaid 713-4042 Department Recommendation:
Staff recommends that City Council authorize the City Manager to execute facility use contracts for the Riverway Softball Complex with Visalia Youth Softball Association (VYSA) and Sequoia Little League Softball (SLLS).
Background Discussion:
The City has had Facility Use Agreements with both organizations for the use of Riverway Sports Park Softball Complex. Each organizations agreement expired December 31, 2022. Staff has been discussing proposed updated contract terms internally and with representatives from each organization for new agreements. Attached are draft agreement proposals. The agreement terms will be for one (1) year, with four (4) one-year extensions, commenting on January 1, 2023.
The proposed agreement with VYSA states that they will receive priority right of use for the regular season play for Spring and Fall seasons:
· Spring season dates shall be from the third Saturday of February through the first Saturday of June.
o Riverway Sports Park Softball Complex, including fields and concession stand § Mondays and Thursdays from 3 - 10 p.m.
§ Saturdays and Sundays from 7 a.m. - 10 p.m.
· Fall season dates shall be from the third Saturday of September through the second Saturday of November.
o Riverway Sports Park Softball Complex, including fields and concession stand § Mondays 3 - 10 p.m.
§ Sundays 7 a.m. - 10 p.m.
The proposed agreement with SLLS states that they will receive priority use for the regular season play for the only season they requested, Spring:
· Spring season dates shall be from the second Monday in March through the first Friday of June.
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File #: 23-0054 Agenda Date: 8/7/2023 Agenda #: 2.
o Riverway Sports Park Softball Complex, including fields and concession stand § Tuesdays, Wednesdays, and Fridays from 3 - 10 p.m.
In exchange for the above referenced use, each organization shall pay the City for field usage, field light usage, concession stand usage, and additional refuse and restrooms services as applicable.
The City shall invoice each organization monthly for all fees as described below:
· Field Usage fee equal to 25% of the City fee schedule rate. These rates are updated each fiscal year through the approval of City Council.
· Field Lights Usage shall be charged at the full rate of the City fee schedule. These rates are updated each fiscal year through the approval of City Council. · Concession Stand Usage shall also be charged the full rate of the City fee schedule that may be adjusted annually with the approval of the City Council.
The proposed rates are the same that have been provided to other youth sports organizations (Cal Ripken, AYSO, and Little League) through Facility Use Agreement with the City.
In exchange for a multi-year agreement and reduced facility use rates, each organization shall provide improvements to the softball fields, concession stand, or general park area on an annual basis in the amount of no less than $2,000 per year.
Each organization shall submit a request for field use in accordance with the City’s Parks and Recreation Facility Priority Use Policy, see attached policy. Each organization may only request the amount of field space to accommodate regular season play games. In order to maintain the integrity of the fields and to preserve them for years to come, organizers may not use this facility for practices.
Any time and/or field not being utilized by either organization on a date that they have contractual priority use shall be allocated to another facility user for game play, provided that the use does not conflict with the priority organizations use of the premises.
Maintenance of the facility will be shared between the City, VYSA and SLLS. The City is reasonable for regular grounds maintenance, including maintenance of the irrigation system, mowing the outfields, fertilization, weed and rodent control throughout the calendar year. During the designated regular season of game play, outlined in Section 3 USE of the agreement, the City will also be responsible for the install and maintain the portable homerun fencing.
VYSA and SLLS shall be responsible for the maintenance and grooming of the infields on their game dates and for post-season tournament play. Additionally, during post-season tournaments VYSA and SLLS shall be responsible for the installation of the portable homerun fencing.
Fiscal Impact:
Projected revenue based on agreement projected dates and times, actual revenue will vary based on actual field and light usage.
VYSA: Spring cost for fields, field lights and concession stand $26,305 Fall cost for fields, field lights and concession stand $8,628 Projected Cost Total: $34,933
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File #: 23-0054 Agenda Date: 8/7/2023 Agenda #: 2.
SLLS: Spring cost for fields, field lights and concession stand $10,984 Projected Cost Total: $10,984
Prior Council Action: Council approved prior facility use agreements on: February 22, 2022, March 15, 2021, and March 2, 2020.
Other: N/A
Alternatives: 1.
Require VYSA and/or SLLS to pay full rate for field, field lights and concession stand based on City Council’s approved Rate & Fee Schedule. 2. Provide VYSA and/or SLLS a different discount percentage for field, field lights and concession stand use.
Recommended Motion (and Alternative Motions if expected):
Move to authorize City Manager to execute facility use agreement with Visalia Youth Softball Association.
Move to authorize City Manager to execute facility use agreement with Sequoia Little League Softball.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: A. City of
Visalia Parks and Recreation Facility Use Policy B. Draft contract agreement with VYSA C. Draft contract agreement
with SLLS - Items B & C - minor contract revisions
may be instituted in final negotiations and/or upon advice of City Attorney or City Risk Management D. Facility Overview Photo
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1 City of Visalia Parks and Recreation Facility Use Policy The City of Visalia Parks and Recreation Department is dedicated to fostering healthy lifestyles and helping the community thrive. The City recognizes that programs, activities and sports leagues are a fundamental component of this goal and that facility availability is necessary for local organizations and individuals. As such, the Visalia Parks and Recreation Department coordinates and issues permits for the use of City facilities for general public use for cultural, social and recreational activities and programs.
The purpose of this policy is to outline the City’s allocation procedure and rental policies for the permitted use of facilities in the City of Visalia. The City has experienced tremendous growth in population and need for facility use for a multitude of purposes. This growth is anticipated to continue.
The Parks and Recreation Department has already experienced an increased demand for the use of City facilities and finds it necessary to emphasize sharing in the use of all facilities among our present and future organizations.
This policy has been established to assure that City facilities are utilized for recreational, cultural, educational, social and community service functions that meet the needs of the community, as well as, set clear policies, procedures and regulations for such uses.
Due to the limited number of facilities available, the Visalia Parks and Recreation Department and the Parks & Recreation Commission have established criteria for priority use. The Visalia Parks and Recreation Department will give priority to Visalia residents and will monitor proper use of allocations and permits.
The City of Visalia is dedicated to creating partnerships with local organizations to ensure there is ample opportunity to participate in programs and services. The allocation/permitting process provides an organization the exclusive use of a facility to the exclusion of all others. The objective of this policy is to create a clear, written allocation policy with procedures that:
• Fairly distributes facilities.
• Maximizes participation time.
• Incorporates maintenance periods to maintain safe, quality facilities. • Communicates financial issues and recovery policy.
• Outlines facility use regulations.
I. Definition of Terms:
Visalia Resident – a person residing within the city limits of the City of Visalia. The City may require identification or documentation of residency to be considered for priority brokering. In the event proof of residency cannot be established, non-residency status will be imposed. Note: Any person owning and paying taxes on real property in Visalia, but who is not living in the City, and any person having only a Visalia business address are NOT considered residents for facility use application purposes.
Youth programs – participants are ages 18 and under.
Adult programs – participants are ages 18 and over.
Open membership – Organizations, or portions of organizations, that have open registration regardless of skill level. Organizations must have an “everyone plays” philosophy requiring ADOPTED 12/18/12
99 2
that each player suited up and able to play is entered into games for a significant period of time (i.e., ½ or game or 2 of every 5 innings or 2 of 4 quarters, etc.). Open membership organizations are recreational in nature and provide scholarship opportunities for players who demonstrate a financial need.
Non-profit status – Must be established as a non-profit organization. Non-profit status is defined as an organization that is so defined by the Internal Revenue Code, 501c and has a State of California Tax Identification Number. Organizations must submit the following to be considered for Non-Profit Status:
• 501c IRS papers and bylaws
• Current financial statement
• Roster of officers
• List of persons authorized to make reservations for your organization Basic services – Basic services are defined as the maintenance of safe, clean, attractive parks and buildings and the provision of recreation services for the general public. Basic services preserve and promote physical and mental wellbeing and will continue to be supported by taxpayer resources.
Seasonal Brokering Periods – For the purpose of scheduling facilities, the City has established three (3) brokering periods in which request shall be reviewed and facilities shall be allocated.
Special services – Special services are those above and beyond basic services. Revenues are necessary to support special services; therefore, users will be charged a fee for the privilege of using the facilities to the exclusion of others and without interference.
Game slot – amount of time or facility space needed to reasonably accommodate play. In instances where modified fields are used, appropriate field space shall be allocated, this may be an increment of a field or facility rather than designating an entire field or facility.
Practice slot - amount of time or facility space needed to reasonably accommodate play. In instances where modified fields are used, appropriate field space shall be allocated, this may be an increment of a field or facility rather than designating an entire field or facility.
Facility Use Permit – A facility use permit is required for all organized use associated with a team, league, organization or school. Users who do not submit a request during the established brokering period must submit a request for use to the Parks and Recreation Department a minimum of ten (10) working days prior to the requested use date. Once the request has been approved and the user has complied with insurance requirements and paid all applicable fees, a written Facility User Permit shall be issued.
II. Facility Use Permitting:
Facility use requests are considered at three different time periods per fiscal year. Facility space will be awarded on a priority basis prior to the fall, winter/spring, and summer periods.
After the original requests are processed, based on priority, the facilities are available for use 100
3 to other requests. To apply for a Facility Use Permit, an applicant must submit a written request to the Parks and Recreation Department outlining the dates, times, facility, number of courts/fields and intended use. Requests shall only be considered for organizations who are in good standing with the Parks and Recreation Department and who do not have a past due balance.
Facility use reservations, not allocated during the established brokering periods, can be made no less than ten (10) calendar days prior to the desired date(s) of use. These requests shall be granted on a first come, first served basis based on field availability.
Submission of an application does not constitute approval. Approvals shall be in the form of a written facility use permit issued by the Parks and Recreation Department.
Requests for additional use or programs not covered by the Priority Use Policy should be addressed in writing to the Recreation Manager. The Parks and Recreation Director will make interpretation of language in the Priority Use Policy. An appeal to the Parks and Recreation Commission of the Director’s decision must be submitted in writing with justification within ten (10) working days from the decision and will be heard at the next regularly scheduled Parks and Recreation Commission meeting, unless appeal is received fewer than ten (10) days prior to a meeting, in which case it will be heard at the following meeting of the Parks and Recreation Commission.
III. Facility Request Form Deadlines:
The three seasonal brokering periods are as follows;
Season Dates Request deadline
Fall August 1 through December 31 May 1
Winter/Spring January 1 through May 31 November 1
Summer June 1 through July 31 March 1
All requests received by the established deadline shall be reviewed after the deadline date. A facility use permit shall be issued a maximum of thirty (30) days after the deadline.
Facility use requests for primary organization use will be accepted no more than three (3) months prior to the request deadline. Requests for use outside of the organization’s primary use (regular league play), such as tournaments on a regional, state or national level, may be made up to three (3) years in advance.
IV. Eligibility - facility use shall be granted based on the following priority:
Priority 1:
1. City activities and programs.
2. Facility use agreements (organizations having special status assigned by City Council action as a result of having had historical use of facilities).
3. Visalia resident (at least 90%), youth programs, open membership, non-profit organizations or leagues.
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4 Priority 2:
• Visalia resident (at least 51%), youth programs, non-profit organizations or leagues.
Priority 3:
• Visalia resident (at least 51%), adult programs, open membership, non-profit organizations or leagues.
Priority 4:
• For-profit programs and events.
Priority 5:
• Organizations that have previously violated the terms of the priority use policy.
Resident status will be determined from the prior season’s actual rosters (fall season for fall season, spring season for spring season).
To resolve a discrepancy between two organizations in the same priority use class that request use of the same site/field and that cannot be worked out between the two organizations, the following allocation formula will be used to determine the amount of field use that will be allocated to each organization.
Facilities will be allocated within each priority use class to organizations based on the percentage of verifiable Visalia residents registered with that organization in relation to the total number of all registered Visalia residents in all organizations in the priority use class combined.
The total number of all Visalia residents registered in all organizations within that priority use class will then be determined. Each organization’s resident number will be divided by the total of all residents registered to determine the percentage of use to be allocated to each group.
An example of this would be:
Baseball Group A has 750 Visalia residents
Baseball Group B has 900 Visalia residents
Total Visalia residents registered in both organizations is 1,650 750 divided by 1,650 equals 45%. Group A would receive 45% of the available time. 900 divided by 1,650 equals 55%. Group B would receive 55% of the available time.
Additional factors to determine priority use:
• Priority 1 & 2 athletic organizations shall be allocated a maximum of one (1) game slot per team per week and one (1) practice slot (1/2 field) per team per week (as space allows). Number of teams shall be determined based on the number of registered participants in each program taking into consideration the number of players per team for each age division. • League game play takes priority over practice with the exception of non-resident vs. non-resident game play.
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5 • Adult program access – per this policy, adult play would receive low priority. To provide for equal access for adult leagues, 25% of facility space shall be dedicated to adult play in the above mentioned priority order.
• Sport season priority – Traditional sports seasons have priority as follows:
Fall Football, volleyball and soccer
Winter Basketball
Spring Baseball and softball
Summer Aquatics
• Facility use shall be permitted for activities that the facilities are intended for, designed for, classified as, or for activities conducted in a manner that does not compromise public safety or facility quality or integrity.
V. Cost Recovery Philosophy
As the City continues to grow and facilities age, the Visalia Parks and Recreation Department must develop a financial system to support our community investment while maintaining the high level of service residents demand. The City will continue to provide basic services funded entirely by general taxpayers and user fees; however, those benefiting from special services (which create additional City expenses) must contribute financially.
The recovery policy is intended for the participants to supplement, rather than supplant the investment of the general taxpayers. The recovery policy strives to:
o Amortize the capital investment and cover maintenance/operational cost of a facility. o Pay for and augment operation/maintenance costs for a facility where tax appropriations support the basic service.
o Control use of the facility.
o Assess a portion of the cost of the facility to users who may not be tax supporters. o Enable the Visalia Parks and Recreation Department to provide facilities for which funds might not otherwise be available.
The primary purpose of this policy statement is to develop an understanding that the pricing of services is a conscious procedure that requires continual investigation and review by Visalia Parks and Recreation Department, the Parks and Recreation Commission and the Visalia City Council.
VI. Permit Rules and Regulations:
1. Permits cannot be transferred or assigned to any other person, group, or organization for any reason.
2. The misuse of City facilities or the failure to conform to facility regulations, established policies, and procedures or any other Federal, State, or local law, rule, regulation or ordinance shall be sufficient grounds for the immediate revocation of the permit and/or denial of any future applications. No refund will be granted.
3. Permit holders shall restrict their use to only those facilities specifically reserved and paid for as designated on the permit. Other facilities may be scheduled by other groups and may not be available. Permit holders must be in possession of their Facility Use Permit in case there is a need to address the question of who has a reservation for the facility in question. If the 103
6 permit holder cannot use a facility due to unauthorized use by another party, the permit holder should contact the City of Visalia Police Department.
4. Fees - all fees are due and payable prior to the issuance of an approved Facility Use Permit.
Payment plans may be arranged for multiple-use reservations with payment in advance for monthly use. The fees and charges for permits are established by the Visalia Parks and Recreation Commission and approved by the Visalia City Council annually and are not negotiable. Only the Parks and Recreation Commission and/or City Council have the authority to waive or modify fees and charges by amendment to the City Rates and Fees Schedule.
5. Deposits – A refundable deposit may be required for facility use. The City reserves the right to deduct from the security deposit all additional charges relating to, but not limited to, janitorial services, maintenance/repair services, staff time, failure to comply with the cancellation policy or emergency services that are required as a result of the facility use.
6. Insurance - A valid insurance certificate is required for use of any City of Visalia facility.
The insurance certificate must afford one million dollars ($1,000,000) of general liability coverage per occurrence listing the dates and location of coverage and must contain the following language:
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.” Certificate must guarantee thirty (30) days prior notice to change or cancel the policy.
7. Residency Verification - The City of Visalia Parks and Recreation Department may request a master roster complete with participant first and last name (or identification number), division, team and place of residency or school attending. Leagues may be required to make rosters available for verification and additional proof of residency such as utility billing or photo identification may be required.
Any group or organization found to be misrepresenting its residency status will have its permit revoked for the season and will be assigned the last (or lowest) priority for the immediate and following season. In addition, any group or organization found to be reserving facilities for another organization will be penalized by the revocation of its permit for the season for which the permit is issued and that group or organization will be assigned the last (or lowest) priority for facility use scheduling for the immediate and following season.
8. Teams and organizations may be required to provide schedules to show that all of the allocated facilities are being utilized. If an allocated facility is not utilized by the designated organization a total of two (2) times during the permit period, the facility will be reassigned.
User shall be notified by the Parks and Recreation Department prior to reassignment.
9. The City reserves the right to cancel an approved reservation due to maintenance needs, overuse of the facility, unsafe conditions or due to a conflict with a City event or a one-time event that has a direct benefit to the community. In these cases all attempts will be made to provide a minimum of 15 days advance notice and to provide an alternate location for the group’s scheduled activity. In the event of an emergency when only short or no notice can be provided, groups must cooperate with the request to not use the facility or risk loss of current permit and denial of future use. If there are no alternate facilities available, the City is not 104
7 obligated to provide an alternate facility. In the case of such an event, a full refund will be given.
10. It is the responsibility of the organization’s president and the individual in charge of the permit to enforce the rules and regulations regarding the conduct of the group while on permitted facilities. They are also responsible for ensuring that coaches receive and understand that a permit must be on site during facility use.
11. Use begins and ends at the times stated on the permit including set-up and clean-up. A two (2) hour minimum is required per reservation. Groups are not allowed on fields prior to the start time on the permit and are required to have the fields cleaned and cleared by the ending time indicated on the permit. Unauthorized or extended field use beyond times listed on the permit may result in the retention of a portion or all of the deposit and/or result in the cancellation of current use and/or prohibition of future use.
VII. General Rules and Regulations
1. No person shall use an athletic facility which is posted as being closed, whether the closure is for excess rainfall or for field maintenance or other reason.
2. All motor vehicles must park in marked stalls in the parking lots or legally on side streets or be subject to citation. No unauthorized vehicles shall enter park premises.
3. All dogs must be on a leash and owners must clean up after their dogs.
4. No portable BBQ’s are permitted at any time in any facility.
5. No golf is permitted at any park or sports complex.
6. Alcohol is not allowed in any City facility without a permit. No alcohol is allowed at Riverway Sports Park. Alcohol may be consumed at the Plaza Park softball fields provided such beverages are purchased from the permitted concessionaire.
7. Athletic facilities may be lined prior to a group use with the permission of the Parks and Recreation Department. Water soluble spray paint is the only permitted means of lining a field. No fields are permitted to be lined by means of Round Up, Dolomite, or other herbicide which can permanently burn lines into the field.
8. Vending at a facility is permitted only if the vendor is associated with the activity and has received the prior approval of the City.
9. Gambling is prohibited at all City property without a permit.
10. Restrooms – some facilities have public restrooms which may be utilized. In instances where public restrooms are not available, or not adequate for the size and scope of the facility use, the user shall be responsible, at user’s expense, to provide additional portable restrooms. User groups must coordinate placement of portable restrooms with Parks and Recreation staff.
11. Storage – no group or individual is permitted to maintain a storage unit (or similar object) on or around City facilities without written approval from the City.
12. Use of utility vehicles shall be allowed with the issuance of a permit from the City. Any person operating a utility vehicle on City property must possess a valid California Driver’s License and organization must provide the City of Visalia with a certificate of insurance covering operation of said vehicle.
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8 13. Lights are available for some outside facilities. Light requests must be made ten (10) working days in advance and are subject to light fees at the time of reservation.
14. The City of Visalia encourages partnerships and volunteerism to improve facility quality and maintenance, however in the absence of a written agreement, donations and/or contributions of time does not give an organization priority at any facility. Groups wishing to make alterations to facilities must submit these improvement requests in advance to the City of Visalia Parks and Recreation Department. No groups will be allowed to make any alterations to any facility without first obtaining the City’s approval.
15. Scheduling – a maximum number of games per time slot shall be determined by Parks and Recreation Department and shall be adhered to when preparing league game and practice schedules.
16. Wet Field Policy - The purpose of the policy is to guide the use of City athletic facilities and to prevent injuries to participants and damage to the playing surface brought upon by inclement weather and/or unsafe playing conditions. An effective facility maintenance program is essential for safe, quality fields and sport complexes. User groups are asked to help us by accepting and adhering to these rules. Groups who use City athletic facilities are expected to assist in protecting their participants and the facilities during periods of rain or inclement weather.
The City of Visalia reserves the right to cancel or suspend facility use permits when facility conditions could result in injury to players or cause damage to the facility.
Permits may also be cancelled when the health and safety of participants are threatened due to impending conditions, including but not limited to, heavy rains, smog alerts or pesticide application.
During inclement weather, the City’s maintenance staff will assess the playability of all city owned fields to determine if use will occur. The Director or designated representative shall have the authority to close any/all fields owned and operated by the City of Visalia.
17. Banners - Organizations must obtain approval and/or permits prior to placing any signage or banners in any City of Visalia facility.
18. Users must pick up and remove any trash generated by their activity.
19. Good Neighbor Policy - The purpose of this policy is to ensure that decisions regarding the use of City facilities, parks, and athletic complexes and District sites are used in the best interests of the neighborhoods, sports organizations, and citizens of the City of Visalia. The city has established the following rules and regulations to govern the use of the City’s facilities for the safe and pleasant enjoyment of participants and neighbors.
Every person is expected to abide by these rules or be subject to forfeiture of the security deposit and/or loss of the privilege of future use of the facilities. a. All litter and debris that may occur as a result of your event must be picked up and deposited into trash receptacles, when provided, or removed from the premises.
b. All groups are responsible for the condition in which they leave the facility. Any excessive clean-up required by City crews following your use will be cause for forfeiture of all or part of your damage deposit.
c. No amplified music, use of musical instruments, radios, public address systems or other such noise allowed before 9:00am or after 8:00pm unless authorized by 106
9 special permit. In all parks, care shall be taken so that speakers are not directed at residences.
d. Complaints from surrounding neighborhood residents as to noise level, litter and debris, and disregard for use of parking regulations could result in cancellation of your reservation, forfeiture of security deposit, and denial of future facility use. e. No person shall park a motor vehicle in such a place or manner as would block or obstruct any gate, entrance, exit or resident driveway.
VIII. Cancellations
Cancellations must be made in writing and submitted to the Visalia Recreation Department at least ten (10) business days in advance of the scheduled use in order to be entitled to receive a refund (minus the processing fee). If it rains on the date of reservation, a full refund shall be credited to the user’s account. No refunds or credits will be given to facilities released after that time. Failure to release unused facilities shall be considered a violation of this Priority Use Policy. If a user fails to release unused facilities, the permit may be revoked for the season and user will be assigned the last (or lowest) priority for the immediate and following season.
IX. Failure to Comply with Facility Use Policies and Procedures In most cases, the City utilizes a three-strike policy for violations as follows:
First Offense: Written warning to the user group/individual and restitution for damages/costs if applicable.
Second Offense: Written notice of three day suspension and restitution for damages/costs if applicable.
Third Offense: Written notice of termination of any existing permits, loss of future rental/allocation privileges and restitution for damages/costs if applicable.
The City reserves the right to cancel any permit for non-compliance with City Policy, Rules or Ordinances regardless of the three-strike policy listed above. 107
1 FACILTY USE AGREEMENT BETWEEN
THE CITY OF VISALIA (CITY) AND
VISALIA YOUTH SOFTBALL ASSOCIATION (VYSA)
Riverway Sports Park Softball Complex
THIS LEASE AGREEMENT made and entered into as of the ___ of __________ 2023, by and between the CITY OF VISALIA, a Municipal Corporation, hereinafter referred to as “CITY” and VISALIA YOUTH SOFTBALL ASSOCIATION, hereinafter referred to as “VYSA”; WITNESSETH:
For and in consideration of the covenants and agreements hereinafter contained on the part of VYSA to be kept and performed, and in consideration of the usage costs to be paid to CITY as hereinafter set forth, CITY hereby agrees to enter into a FACILITY USE AGREEMENT with VYSA, for use of Riverway Sports Park, including the use of four (4) softball fields and the shared use of the concession stand and restroom facilities as identified in Attachment A, for specified dates and times listed within agreement for regular games.
1. TERM
The term of this LEASE AGREEMENT is one (1) year, with four (4) one-year extensions, commencing on January 1, 2023 and ending on December 31, 2023.
2. FEES AND CHARGES
VYSA shall pay CITY for regular game use during the contracted dates listed in Section 3 a field rental fee equal to 25% of the hourly rate listed in the City’s Fees and Charges Schedule. Field light use shall be charged at the full fee listed in the City’s Fees and Charges Schedule.
Concession stand usage for sales/operations shall be charged $10/hour for operational use, up to the full per day fee listed in the City’s Fees and Charges Schedule. The City’s Fees and Charges Schedule are set annually and are approved by City Council in June for the next fiscal year, July 1 – June 30. As rates are adjusted, so shall VYSA’s field rental rate, field light use rate, and concession stand rate.
All uses outside of the contract period shall be billed at the current rate list of the City’s Fees and Charges Schedule.
The City shall invoice VYSA at the end of each month of use for all fees as described above.
Payment is due within thirty (30) days of invoice. All payments not received by the due date shall be subject to a two percent (2%) late fee penalty of the amount due.
In addition to the above facility use fees, and in exchange for the reduced facility use rates, VYSA shall provide improvements to the softball fields, concession stand, or general park area on an annual basis in the amount no less than $2,000 per year. Said improvements shall be completed in accordance with Section 20 of FACILITY USE AGREEMENT.
3. USE
The CITY adopted a Facility Use Policy in December 18, 2012. The policy is used to determine use for recreational facilities, see Attachment B. Pursuant to this FACILITY USE 108
2 AGREEMENT and in accordance with the City’s Parks and Recreation Facility Use Policy, section IV Eligibility VYSA shall have Priority 1 level 2 right of use after City activities and programs of the Riverway Sports Park Softball Complex; including fields and concession stand for the dates listed below for the contract period.
Section IV Eligibility states “facility use shall be granted based on the following priority:
Priority 1:
1. City activities and programs.
2. Facility use agreements (organizations having special status assigned by City Council action as a result of having historical use of facilities).
Annually VYSA shall submit a request in writing by January 1st expressing their intent to extend contract for additional year. Upon mutual agreement of the CITY, the Facility Use Agreement may be extended for any additional one-year term remaining within the agreement term listed in Section 1.
Prior to each season VYSA shall submit a request for league start and end dates, time blocks per field use in accordance with the City’s Parks and Recreation Facility Use Policy Section III Facility Request Use Deadlines, requests must be in writing. Ten business days prior to each season’s start date VYSA shall submit in writing a finalized comprehensive game schedule.
Concession stand use must also be in writing with start and end time blocks for hours of operation (when open for sales). VYSA may only request the amount of field space to accommodate regular season play games.
VYSA acknowledges that any time and/or field not being utilized by VYSA shall be allocated by the CITY to another facility user, provided that said use does not conflict with VYSA’s use of premises.
Spring season game use shall be from the third Saturday of February until the first Saturday of June. Spring priority right of use will be on Mondays and Thursdays from 3:00 p.m. until 10:00 p.m. and Saturdays and Sundays, from 7:00 a.m. until 10:00 p.m.
Fall season games shall be from the third Saturday of September until the second Saturday of November. Fall priority right of use will be Mondays 3 p.m. – 10 p.m. and Sundays 7 a.m. – 10 p.m.
CITY agrees that VYSA shall have exclusive use of the premises for two weekends per year for tournament play. VYSA must submit in writing no less than three months advance notice through the City’s application process, CITY maintains the authorization to deny request if requested dates impede on another event or use of the facility.
CITY shall have the right of access to the premises at all times. VYSA agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of VYSA’s recreational league for game play.
VYSA acknowledges that there will not be any “gate” or admission charge for regular season 109
3 play or any charges for parking. CITY acknowledges and permits, without revocation, the right for VYSA to charge “gate” or admission to the facility for the purpose of post season tournament play only. VYSA acknowledges that if they do charge “gate” or admission charge the will be required to pay the full hourly rate listed in the City’s Fees and Charges Schedule.
VYSA agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of the Visalia Youth Softball Association and its related activities.
VYSA agrees to contact the CITY, no later than three-business days in advance, to request authorization to access the facility for any off-season or non-scheduled usage, including accessing onsite storage units or concessions. The CITY reserves the right to deny access to the facility if facility is being utilized by other groups/programs. If access is denied the CITY will assist in developing an appropriate schedule for VYSA’s access.
The CITY reserves the right to cancel any scheduled use by VYSA in the case of inclement weather before or during a scheduled event that may impact the facility. The City has a vested interest in protecting the park turf from damage and protecting the public interest by preventing any potential injuries related to excessive moisture on the park grounds. Representatives from the CITY and VYSA may meet prior to an event, if feasible, to assess the conditions of the park and determine what can be done to protect the turf and/or public interest. The final decision to cancel an event will be determined by the City’s Director of Parks & Recreation or their designee.
4. CONCESSION STAND
VYSA is exclusively responsible for the operation of the concession stand and for the direction and control of all volunteers and/or employees employed in such concession operations during VYSA’s designated and agreed upon times to operate at the facility. VYSA acknowledges that other entities will be utilizing said facility during times not designated to VYSA, and that accommodations have been arranged for so that inventory items can be stored and locked during unused times.
CITY shall be responsible for ensuring facility is clean and ready for use prior to the start of season.
VYSA shall ensure that the concession stand is left clean and in good repair after each use. In the operation of said concession stand, VYSA shall comply with and provide copies of all applicable permits and requirements set forth by the Tulare County Health and Human Services Agency.
The CITY shall not be responsible for damage and/or theft of personal property of VYSA.
At the conclusion of each season, VYSA shall be responsible for returning the facility to the state it was in prior to their usage. VYSA shall remove all personal property no later than one week from the conclusion of regular season play, including the removal of all perishable food, appliances emptied and cleaned, closets emptied and cleaned, floors and walls cleaned. All appliances owned by VYSA are to be removed from the concessions concluding regular season play.
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4 If personal property is not removed as required herein, the CITY will remove the items and invoice VYSA the direct cost including staff time associated with removing their items.
5. ADDITIONAL SERVICES
Due to the size and nature of VYSA’s program, additional services, above and beyond normal operational services provided by the City, are required. a. Portable restrooms – VYSA shall provide additional portable restrooms for Opening Day, tournaments, and other days of projected heavy attendance. If additional services are needed or requested solely for VYSA’s use, VYSA shall pay the CITY for the cost incurred for additional services. Such costs shall be invoiced each month. Payment for additional services is due within thirty (30) days of receipt. a. Refuse:
i. CITY shall be responsible to dump the trash cans and blow the common areas one (1) time every morning of scheduled use.
ii.VYSA shall be responsible to provide additional appropriate refuse and/or recycle containers to accommodate trash generated by its participants. iii.VYSA shall be responsible to collect any trash/litter and dump the trashcans throughout the softball complex, including spectator areas, bleachers, dugouts, restrooms, playing fields, throughout their scheduled use of the facilities and a final dumping of all trash at the end of each day of use. b. Restroom service:
i.CITY shall be responsible for routine and ordinary cleaning and stocking the restrooms for each day of scheduled use; one (1) time daily. ii.VYSA shall be responsible to provide additional appropriate cleaning and stocking of the restroom throughout their scheduled use of the facilities with at least a final cleaning at the end of each day of use.
If VYSA fails to collect any trash/litter and dump the trashcans or clean and stock the restrooms at the end of each day of use, the CITY will render these services and invoice VYSA the direct cost including staff time associated and a penalty fee of $100 per occurrence.
6. INSTALLATION OF SIGNS AND/OR BANNERS
During the term of this AGREEMENT, VYSA shall have the following rights in regard to installation and removal of signs and/or banners: No signage shall be allowed to be displayed facing the Sports Park, Giddings St. or Shannon Parkway. Signs and/or banners must be appropriately sized and may be placed upon homerun fences and along the main pathway leading into the complex. Banners must face the interior of the premises only. Banners may be displayed during each season of use on fields one and two, banners may be installed one week prior to game commencement and one week after last day of regular season games. Banners must be in good condition and hanging position.
Any sign and/or banner installed, operated, and maintained by VYSA will be VYSA’s total financial responsibility. VYSA shall obtain any and all necessary permits from the City Planning Division in compliance with the City of Visalia Municipal Code Chapter 17.84 sections
17.48.010 et seq.
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5 7. FACILITY MAINTENANCE
VYSA shall assume responsibility for all maintenance, damage, repair, and upkeep of the aforementioned premises during VYSA use, excepting CITY’s maintenance and upkeep as set forth in Section 8. VYSA agrees to immediately notify CITY (within 24 hours) of any damage to the premises including such items as the concession stand or restroom, fixtures, equipment, grounds, landscaping, sprinklers and irrigation, so that CITY may determine whose responsibility it is to repair or replace and determine the manner in which the repair or replacement is to be completed. Furthermore, CITY shall have sole discretion in determining whether the damage or destruction mentioned above resulted from or in connection with VYSA.
Throughout the AGREEMENT term, VYSA shall agree to maintain its personal property (portable equipment, storage units, etc.) in a manner agreeable to CITY. VYSA shall be responsible for picking up and disposing of trash and litter after each use as set forth in section 5.
VYSA shall also be responsible for any repair or maintenance resulting from vandalism and/or graffiti during the softball season on equipment or structures that are owned by VYSA. Said graffiti removal shall be completed in accordance with the current Ordinance governing graffiti removal in the City of Visalia.
VYSA shall assume responsibility for preparation of playing fields (field lines, bases, dragging infields, etc.) prior to games. At the end of each day of use VYSA shall be responsible to fill holes, tamper batter/catcher box, rake/screen drag infield, and replace base plugs.
8. GROUNDS MAINTENANCE
CITY shall be responsible for regular grounds maintenance, including maintenance of the irrigation system, regular mowing of the outfields and fertilizing, spraying for weeds, and gopher/rodent control, throughout the calendar year. CITY shall install and maintain the portable homerun fencing during the regular game season. CITY shall also be responsible for major structural repairs and/or capital improvements to the premises which are the subject of this FACILITY USE AGREEMENT. CITY shall have the sole discretion of determining what constitutes major structural and/or capital improvements. CITY further agrees to be responsible for the damage and/or repairs caused by organizations, groups and/or special events held on the premises and scheduled by the City of Visalia.
VYSA shall assume responsibility for preparation of playing fields (field lines, bases, dragging infields, etc.) prior to games. At the end of each day of use VYSA shall be responsible to fill holes, tamper batter/catcher box, rake/screen drag infield, and replace base plugs.
During post season use, if VYSA requests use and is allocated fields for post season tournaments, VYSA may have the option to install and maintain the homerun fence or pay the City a fee for staff to install fence.
9. FACILTY INSPECTIONS AND EXPECTIONS
CITY and VYSA representatives shall inspect the facility and grounds prior to the commencement of each season, during each month of the season, and following the conclusion of each season. CITY will utilize the Inspection Sheet (Attachment C), as it may be amended from time to time, to document the status of the facility during each inspection. 112
6 CITY shall be responsible for ensuring facility is clean and ready for use prior to the start of season. At the conclusion of each season, VYSA shall be responsible for returning the facility to the state it was in prior to their usage.
10. STORAGE:
VYSA shall be allowed to maintain two (2) storage/maintenance containers (sea train) subject to CITY approval in an area designated by CITY for such use. Container may not to exceed 20’x 8’ and must comply with CITY standards as to size, location, maintenance/condition, and color of such storage container(s).
VYSA shall keep containers clean and well maintained. Containers shall not display advertising for any business (other than the manufacturer of the container). VYSA shall monitor, inspect, and remove any graffiti and make repairs as needed within ten days. No chemicals or flammable materials of any kind are to be stored within the containers. Storage of approved field/turf marking paint will be allowed.
VYSA must obtain and retain proper insurance for storage containers and their contents for the duration of the FACILITY USE AGREEMENT set forth in Section 15. VYSA shall submit an inventory list at the beginning of each season of the items stored in the containers.
The CITY is not responsible for damage and/or theft to VYSA property while stored at the facility.
11. PARKING / USE OF MOTORIZED VEHICLES
Vehicles must be parked in designated parking areas. VYSA may not charge for parking without written consent from the CITY. VYSA may not reserve parking spots without written consent from CITY. RV parking shall be restricted to the north overflow lot on Riverway Drive.
Overnight camping is not allowed.
The use of motorized utility vehicles including but limited to golf carts, GEM cars, and Gator vehicles is restricted to licensed drivers and use of vehicles must be in conjunction with program functions and/or duties.
12. OUTSIDE VENDORS
Only VYSA is permitted to provide goods and/or services under the agreement. If VYSA desires to have an outside vendor provide food, entertainment, goods or other services, such vendor must be pre-approved in writing by the City of Visalia. VYSA shall submit in writing a request for the outside vendor no less than ten (10) business days prior to the desired date of vendor rendering service. Only vendors with a valid City of Visalia Business Tax Certificate and other permits as required by Tulare County and/or the State of California will be considered.
Authorized vendors must provide the City of Visalia with a certificate of insurance naming the City of Visalia as additionally ensured for the date(s) and time(s) of service.
13. SECURITY
VYSA shall provide security and supervision at all scheduled activities, including crowd control, 113
7 at a level satisfactory to CITY, sufficient to ensure adequate protection of the premises which are the subject of this FACILITY USE AGREEMENT. This shall include the presence of VYSA Board Members while games are in progress.
The CITY shall assign VYSA keys to the facility prior to the start of each season. VYSA shall return all facility keys to CITY no later than two weeks after the conclusion of each regular season. VYSA agrees not to duplicate any keys. Refer to Section 3 regarding facility access during off-season.
VYSA acknowledges that additional security measures, such as but not limited to, video recording cameras cannot be installed or placed within the premises without CITY authorization.
The CITY reserves to right to deny any request.
14. ASSIGNMENT
VYSA shall not assign, mortgage, sublet or otherwise transfer any interest in this FACILITY USE AGREEMENT to any person, firm, organization or corporation during the term of this FACILITY USE AGREEMENT or any extension thereof without the written consent of CITY first had and obtained.
15. INDEMNIFICATION:
VYSA hereby agrees to and shall defend, protect, indemnify, and hold harmless the CITY and all officers, agents, representatives, and employees thereof from any and all liability, claims, or damages of whatsoever kind or character, including attorneys fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of VYSA, VYSA’S independent contractors, employees, representatives, agents, and invitees, and the passive or active negligent acts or omissions of the CITY or its officers, agents, representatives, and employees while acting within the scope of their duties regarding work to be performed pursuant to this AGREEMENT.
Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims, or liability. This FACILITY USE AGREEMENT shall be binding upon VYSA whether or not there are any allegations of fault negligence or liability of the indemnities hereunder.
16. VOLUNTEERS/EMPLOYEES
VYSA shall be responsible for conducting criminal background checks on all volunteers, including but not limited to, coaches, umpires, and others who will be in a position to supervise youth under 18 years of age or vulnerable adults. VYSA agrees that failure of an individual to submit to a required criminal background check will result in prohibiting said individual from coaching and/or supervising children or vulnerable adults. VYSA agrees to make every effort in keeping with California Penal Code Section 11105.3, and that the organization will not utilize the services of anyone with convictions or any arrest pending adjudication involving the offenses specified in California Welfare and Institution Code subdivision (a) of Section 15660.
17. INSURANCE REQUIREMENTS:
It is further understood and agreed that VYSA shall secure and maintain during the term of this FACILITY USE AGREEMENT, and any renewal thereof, a policy of commercial general 114
8 liability and property damage insurance, naming the CITY as co-insured, with a single combined liability limit of $2,000,000.00, and property damage limits of not less than $1,000,000.00, insuring against all liability of VYSA and its authorized representatives arising out of and in connection with VYSA’s use or occupancy of the premises. All general liability insurance and property damage insurance shall insure performance by VYSA of the indemnity provisions of item 15. CITY shall be named as additional insureds, the policy shall contain cross liability endorsements, and an endorsement requiring 30 days written notice from the insurance company to all parties before cancellation or change in the coverage, scope or amount of any policy. Such policy, or a certificate of the policy, together with evidence of payment of premiums, shall be delivered to CITY at the commencement of the term, and on renewal of the policy not less than 30 days before expiration of the term of the policy. VYSA, at its own cost, shall be responsible for maintaining a policy of insurance covering its personal property located on the premises.
In addition to the above general liability insurance, throughout the lease term, VYSA shall purchase tournament and clinic insurance with limits of not less than $2,000,000 general liability and $250,000 personal injury for each scheduled tournament and/or clinic. Also, throughout the AGREEMENT term, at any time VYSA employs any person(s), VYSA shall, at VYSA’s sole cost and expense, keep or cause to be kept in force workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than $1,000,000.00 per accident.
18. CODE OF CONDUCT
VYSA shall create and maintain a Code of Conduct and require participants, coaches, and parents to complete and comply with said Code of Conduct. VYSA’s Code of Conduct shall reinforce compliance to all City ordinances, Park rules, and all General Rules and Regulations as set forth in the City of Visalia Parks and Recreation Facility Use Policy Section VII (Attachment B).
19. ANNUAL REPORTS
VYSA agrees to provide annual reports, to include league registration numbers, participant names and address of residency information, financial statements, proof of non-profit status, and other reports as requested by the CITY.
20. IMPROVEMENTS
As set forth in Section 2, VYSA shall have the opportunity to make improvements to the premises and property which is subject of this FACILITY USE AGREEMENT, provided that VYSA obtains prior written approval from the CITY before any such improvements. Upon the expiration of this FACILITY USE AGREEMENT, and any extension thereof, all such improvements shall automatically revert to CITY’s ownership. Should the CITY elect to require VYSA to remove said improvements, VYSA shall do so and return the property to its original condition, allowing for reasonable and normal wear.
21. DISCRIMINATION
VYSA for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, sex, handicap, or national origin shall be excluded from participation in, denied the 115
9 benefits of, or be otherwise subjected to discrimination in the use of said premises.
22. TERMINATION
In addition to any other provision in this FACILITY USE AGREEMENT, this AGREEMENT may be canceled or terminated upon the following:
A. This AGREEMENT and the tenancy hereby granted may be terminated or canceled at any time by either party hereto by giving to the other party not less than sixty (60) days written notice.
B. This AGREEMENT shall terminate automatically if either party hereto fails to remedy any breach or any term or condition of this AGREEMENT within thirty (30) days after receiving written demand from the other party to do so. If however, either party is diligently proceeding in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction.
C. VYSA agrees at the end of the LEASE term or in the event of an early termination, as provided for herein, to quit and deliver up said premises in as good condition as they are now, ordinary wear and tear excepted.
23. QUIET ENJOYMENT
CITY does hereby covenant and agree that upon the performance of all covenants by VYSA as herein provided, VYSA shall peaceably and quietly hold and enjoy said premises during the term of this AGREEMENT and any extension thereof except as otherwise provided hereupon the termination of this AGREEMENT or any extension thereof.
24. AMENDMENT
This AGREEMENT may be amended at any time by mutual agreement of the parties in writing.
25. NOTICE
All notices to be given by VYSA pursuant to this AGREEMENT shall be mailed to City of Visalia, Community Services Department, 345 North Jacob Street, Visalia California 93291; and all notices to be given to VYSA pursuant to this LEASE AGREEMENT shall be mailed to VYSA c/o VYSA President (mailing address)
For the purpose of this AGREEMENT, VYSA shall designate one point of contact with which the CITY shall coordinate the use of fields, maintenance concerns and other communications.
This representative or a designee in his/her absence will be the only authorized agent of VYSA to coordinate use throughout each season.
26. ENTIRE AGREEMENT
This FACILITY USE AGREEMENT contains the entire AGREEMENT between the parties. No promise, representation, warranty, or covenant not included in this AGREEMENT has been or is relied on by either party. Each party has relied on his/her own examination of this AGREEMENT, counsel of its own advisors, and warranties, or representations, or covenants in the AGREEMENT itself. The failure or refusal of either party to inspect the premises or improvements, to read the AGREEMENT or other documents, or to obtain legal or other advise relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advise. 116
10 IN -WITNESS WHEREOF, the parties have executed this LEASE AGREEMENT as of the date first above written.
VISALIA YOUTH SOFTBALL ASSOCIATION CITY OF VISALIA
VYSA Board President Date Leslie Caviglia, City Manager Date Risk Management Date
APPROVED AS TO FORM:
City Attorney Date
117
1 FACILTY USE AGREEMENT BETWEEN
THE CITY OF VISALIA (CITY) AND
KAWEAH LITTLE LEAGUE SOFTBALL
D.B.A SEQUOIA SOFTBALL (SEQUOIA)
Riverway Sports Park Softball Complex
THIS LEASE AGREEMENT made and entered into as of the of __________ 2023, by and between the CITY OF VISALIA, a Municipal Corporation, hereinafter referred to as “CITY” and KAWEAH LITTLE LEAGUE SOFTBALL D.B.A SEQUOIA SOFTBALL, hereinafter referred to as “SEQUOIA”;
WITNESSETH:
For and in consideration of the covenants and agreements hereinafter contained on the part of SEQUOIA to be kept and performed, and in consideration of the usage costs to be paid to CITY as hereinafter set forth, CITY hereby agrees to enter into a FACILITY USE AGREEMENT with SEQUOIA, for use of Riverway Sports Park, including the use of four (4) softball fields and the shared use of the concession stand and restroom facilities as identified in Attachment A, for specified dates and times listed within agreement for regular games.
1. TERM
The term of this LEASE AGREEMENT is one (1) year, with four (4) one-year extensions, commencing on January 1, 2023 and ending on December 31, 2023.
2. FEES AND CHARGES
SEQUOIA shall pay CITY for regular game use during the contracted dates listed in Section 3 a field rental fee equal to 25% of the hourly rate listed in the City’s Fees and Charges Schedule.
Field light use shall be charged at the full fee listed in the City’s Fees and Charges Schedule.
Concession stand usage for sales/operations shall be charged $10/hour for operational use, up to the full per day fee listed in the City’s Fees and Charges Schedule. The City’s Fees and Charges Schedule are set annually and are approved by City Council in June for the next fiscal year, July 1 – June 30. As rates are adjusted, so shall SEQUOIA’s field rental rate, field light use rate, and concession stand rate.
All uses outside of the contract period shall be billed at the current rate list of the City’s Fees and Charges Schedule.
The City shall invoice SEQUOIA at the end of each month of use for all fees as described above.
Payment is due within thirty (30) days of invoice. All payments not received by the due date shall be subject to a two percent (2%) late fee penalty of the amount due.
In addition to the above facility use fees, and in exchange for the reduced facility use rates, SEQUOIA shall provide improvements to the softball fields, concession stand, or general park area on an annual basis in the amount no less than $2,000 per year. Said improvements shall be completed in accordance with Section 20 of FACILITY USE AGREEMENT. 118
2 3. USE
The CITY adopted a Facility Use Policy in December 18, 2012. The policy is used to determine use for recreational facilities, see Attachment B. Pursuant to this FACILITY USE AGREEMENT and in accordance with the City’s Parks and Recreation Facility Use Policy, section IV Eligibility SEQUOIA shall have Priority 1 level 2 right of use after City activities and programs of the Riverway Sports Park Softball Complex; including fields and concession stand for the dates listed below for the contract period.
Section IV Eligibility states “facility use shall be granted based on the following priority:
Priority 1:
1. City activities and programs.
2. Facility use agreements (organizations having special status assigned by City Council action as a result of having historical use of facilities).
Annually SEQUOIA shall submit a request in writing by January 1st expressing their intent to extend contract for additional year. Upon mutual agreement of the CITY, the Facility Use Agreement may be extended for any additional one-year term remaining within the agreement term listed in Section 1.
Prior to each season SEQUOIA shall submit a request for league start and end dates, time blocks per field use in accordance with the City’s Parks and Recreation Facility Use Policy Section III Facility Request Use Deadlines, requests must be in writing. Ten business days prior to each season’s start date SEQUOIA shall submit in writing a finalized comprehensive game schedule.
Concession stand use must also be in writing with start and end time blocks for hours of operation (when open for sales). SEQUOIA may only request the amount of field space to accommodate regular season play games.
SEQUOIA acknowledges that any time and/or field not being utilized by SEQUOIA shall be allocated by the CITY to another facility user, provided that said use does not conflict with SEQUOIA’s use of premises.
Spring season game use shall be from the second Monday of March until the first Friday of June.
Spring priority right of use will be on Tuesdays, Wednesdays and Fridays from 3:00 p.m. until 10:00 p.m.
CITY agrees that SEQUOIA shall have exclusive use of the premises for two weekends per year for tournament play. SEQUOIA must submit in writing no less than three months advance notice through the City’s application process, CITY maintains the authorization to deny request if requested dates impede on another event or use of the facility.
CITY shall have the right of access to the premises at all times. SEQUOIA agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of SEQUOIA’s recreational league for game play.
SEQUOIA acknowledges that there will not be any “gate” or admission charge for regular season play or any charges for parking. CITY acknowledges and permits, without revocation, the 119
3 right for SEQUOIA to charge “gate” or admission to the facility for the purpose of post season tournament play only. SEQUOIA acknowledges that if they do charge “gate” or admission charge the will be required to pay the full hourly rate listed in the City’s Fees and Charges Schedule.
SEQUOIA agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of the Visalia Youth Softball Association and its related activities.
SEQUOIA agrees to contact the CITY, no later than three-business days in advance, to request authorization to access the facility for any off-season or non-scheduled usage, including accessing onsite storage units or concessions. The CITY reserves the right to deny access to the facility if facility is being utilized by other groups/programs. If access is denied the CITY will assist in developing an appropriate schedule for SEQUOIA’s access.
The CITY reserves the right to cancel any scheduled use by SEQUOIA in the case of inclement weather before or during a scheduled event that may impact the facility. The City has a vested interest in protecting the park turf from damage and protecting the public interest by preventing any potential injuries related to excessive moisture on the park grounds. Representatives from the CITY and SEQUOIA may meet prior to an event, if feasible, to assess the conditions of the park and determine what can be done to protect the turf and/or public interest. The final decision to cancel an event will be determined by the City’s Director of Parks & Recreation or their designee.
4. CONCESSION STAND
SEQUOIA is exclusively responsible for the operation of the concession stand and for the direction and control of all volunteers and/or employees employed in such concession operations during SEQUOIA’s designated and agreed upon times to operate at the facility. SEQUOIA acknowledges that other entities will be utilizing said facility during times not designated to SEQUOIA, and that accommodations have been arranged for so that inventory items can be stored and locked during unused times.
CITY shall be responsible for ensuring facility is clean and ready for use prior to the start of season.
SEQUOIA shall ensure that the concession stand is left clean and in good repair after each use.
In the operation of said concession stand, SEQUOIA shall comply with and provide copies of all applicable permits and requirements set forth by the Tulare County Health and Human Services Agency. The CITY shall not be responsible for damage and/or theft of personal property of SEQUOIA.
At the conclusion of each season, SEQUOIA shall be responsible for returning the facility to the state it was in prior to their usage. SEQUOIA shall remove all personal property no later than one week from the conclusion of regular season play, including the removal of all perishable food, appliances emptied and cleaned, closets emptied and cleaned, floors and walls cleaned. All appliances owned by SEQUOIA are to be removed from the concessions concluding regular 120
4 season play.
If personal property is not removed as required herein, the CITY will remove the items and invoice SEQUOIA the direct cost including staff time associated with removing their items.
5. ADDITIONAL SERVICES
Due to the size and nature of SEQUOIA’s program, additional services, above and beyond normal operational services provided by the City, are required. a. Portable restrooms – SEQUOIA shall provide additional portable restrooms for Opening Day, tournaments, and other days of projected heavy attendance. If additional services are needed or requested solely for SEQUOIA’s use, SEQUOIA shall pay the CITY for the cost incurred for additional services. Such costs shall be invoiced each month.
Payment for additional services is due within thirty (30) days of receipt. a. Refuse:
i. CITY shall be responsible to dump the trash cans and blow the common areas one (1) time every morning of scheduled use.
ii.SEQUOIA shall be responsible to provide additional appropriate refuse and/or recycle containers to accommodate trash generated by its participants. iii.SEQUOIA shall be responsible to collect any trash/litter and dump the trashcans throughout the softball complex, including spectator areas, bleachers, dugouts, restrooms, playing fields, throughout their scheduled use of the facilities and a final dumping of all trash at the end of each day of use. b. Restroom service:
i.CITY shall be responsible for routine and ordinary cleaning and stocking the restrooms for each day of scheduled use; one (1) time daily. ii.SEQUOIA shall be responsible to provide additional appropriate cleaning and stocking of the restroom throughout their scheduled use of the facilities with at least a final cleaning at the end of each day of use.
If SEQUOIA fails to collect any trash/litter and dump the trashcans or clean and stock the restrooms at the end of each day of use, the CITY will render these services and invoice SEQUOIA the direct cost including staff time associated and a penalty fee of $100 per occurrence.
6. INSTALLATION OF SIGNS AND/OR BANNERS
During the term of this AGREEMENT, SEQUOIA shall have the following rights in regard to installation and removal of signs and/or banners: No signage shall be allowed to be displayed facing the Sports Park, Giddings St. or Shannon Parkway. Signs and/or banners must be appropriately sized and may be placed upon homerun fences and along the main pathway leading into the complex. Banners must face the interior of the premises only. Banners may be displayed during each season of use on fields one and two, banners may be installed one week prior to game commencement and one week after last day of regular season games. Banners must be in good condition and hanging position.
Any sign and/or banner installed, operated, and maintained by SEQUOIA will be SEQUOIA’s total financial responsibility. SEQUOIA shall obtain any and all necessary permits from the City 121
5 Planning Division in compliance with the City of Visalia Municipal Code Chapter 17.84 sections
17.48.010 et seq.
7. FACILITY MAINTENANCE
SEQUOIA shall assume responsibility for all maintenance, damage, repair, and upkeep of the aforementioned premises during SEQUOIA use, excepting CITY’s maintenance and upkeep as set forth in Section 8. SEQUOIA agrees to immediately notify CITY (within 24 hours) of any damage to the premises including such items as the concession stand or restroom, fixtures, equipment, grounds, landscaping, sprinklers and irrigation, so that CITY may determine whose responsibility it is to repair or replace and determine the manner in which the repair or replacement is to be completed. Furthermore, CITY shall have sole discretion in determining whether the damage or destruction mentioned above resulted from or in connection with SEQUOIA.
Throughout the AGREEMENT term, SEQUOIA shall agree to maintain its personal property (portable equipment, storage units, etc.) in a manner agreeable to CITY. SEQUOIA shall be responsible for picking up and disposing of trash and litter after each use as set forth in section 5.
SEQUOIA shall also be responsible for any repair or maintenance resulting from vandalism and/or graffiti during the softball season on equipment or structures that are owned by SEQUOIA. Said graffiti removal shall be completed in accordance with the current Ordinance governing graffiti removal in the City of Visalia.
SEQUOIA shall assume responsibility for preparation of playing fields (field lines, bases, dragging infields, etc.) prior to games. At the end of each day of use SEQUOIA shall be responsible to fill holes, tamper batter/catcher box, rake/screen drag infield, and replace base plugs.
8. GROUNDS MAINTENANCE
CITY shall be responsible for regular grounds maintenance, including maintenance of the irrigation system, regular mowing of the outfields and fertilizing, spraying for weeds, and gopher/rodent control, throughout the calendar year. CITY shall install and maintain the portable homerun fencing during the regular game season. CITY shall also be responsible for major structural repairs and/or capital improvements to the premises which are the subject of this FACILITY USE AGREEMENT. CITY shall have the sole discretion of determining what constitutes major structural and/or capital improvements. CITY further agrees to be responsible for the damage and/or repairs caused by organizations, groups and/or special events held on the premises and scheduled by the City of Visalia.
SEQUOIA shall assume responsibility for preparation of playing fields (field lines, bases, dragging infields, etc.) prior to games. At the end of each day of use SEQUOIA shall be responsible to fill holes, tamper batter/catcher box, rake/screen drag infield, and replace base plugs.
During post season use, if SEQUOIA requests use and is allocated fields for post season tournaments, SEQUOIA may have the option to install and maintain the homerun fence or pay the City a fee for staff to install fence.
122
6 9. FACILTY INSPECTIONS AND EXPECTIONS
CITY and SEQUOIA representatives shall inspect the facility and grounds prior to the commencement of each season, during each month of the season, and following the conclusion of each season. CITY will utilize the Inspection Sheet (Attachment C), as it may be amended from time to time, to document the status of the facility during each inspection.
CITY shall be responsible for ensuring facility is clean and ready for use prior to the start of season. At the conclusion of each season, SEQUOIA shall be responsible for returning the facility to the state it was in prior to their usage.
10. STORAGE:
SEQUOIA shall be allowed to maintain two (2) storage/maintenance containers (sea train) subject to CITY approval in an area designated by CITY for such use. Container may not to exceed 20’x 8’ and must comply with CITY standards as to size, location, maintenance/condition, and color of such storage container(s).
SEQUOIA shall keep containers clean and well maintained. Containers shall not display advertising for any business (other than the manufacturer of the container). SEQUOIA shall monitor, inspect, and remove any graffiti and make repairs as needed within ten days. No chemicals or flammable materials of any kind are to be stored within the containers. Storage of approved field/turf marking paint will be allowed.
SEQUOIA must obtain and retain proper insurance for storage containers and their contents for the duration of the FACILITY USE AGREEMENT set forth in Section 15. SEQUOIA shall submit an inventory list at the beginning of each season of the items stored in the containers.
The CITY is not responsible for damage and/or theft to SEQUOIA property while stored at the facility.
11. PARKING / USE OF MOTORIZED VEHICLES
Vehicles must be parked in designated parking areas. SEQUOIA may not charge for parking without written consent from the CITY. SEQUOIA may not reserve parking spots without written consent from CITY. RV parking shall be restricted to the north overflow lot on Riverway Drive. Overnight camping is not allowed.
The use of motorized utility vehicles including but limited to golf carts, GEM cars, and Gator vehicles is restricted to licensed drivers and use of vehicles must be in conjunction with program functions and/or duties.
12. OUTSIDE VENDORS
Only SEQUOIA is permitted to provide goods and/or services under the agreement. If SEQUOIA desires to have an outside vendor provide food, entertainment, goods or other services, such vendor must be pre-approved in writing by the City of Visalia. SEQUOIA shall submit in writing a request for the outside vendor no less than ten (10) business days prior to the desired date of vendor rendering service. Only vendors with a valid City of Visalia Business Tax 123
7 Certificate and other permits as required by Tulare County and/or the State of California will be considered. Authorized vendors must provide the City of Visalia with a certificate of insurance naming the City of Visalia as additionally ensured for the date(s) and time(s) of service.
13. SECURITY
SEQUOIA shall provide security and supervision at all scheduled activities, including crowd control, at a level satisfactory to CITY, sufficient to ensure adequate protection of the premises which are the subject of this FACILITY USE AGREEMENT. This shall include the presence of SEQUOIA Board Members while games are in progress.
The CITY shall assign SEQUOIA keys to the facility prior to the start of each season. SEQUOIA shall return all facility keys to CITY no later than two weeks after the conclusion of each regular season. SEQUOIA agrees not to duplicate any keys. Refer to Section 3 regarding facility access during off-season.
SEQUOIA acknowledges that additional security measures, such as but not limited to, video recording cameras cannot be installed or placed within the premises without CITY authorization.
The CITY reserves to right to deny any request.
14. ASSIGNMENT
SEQUOIA shall not assign, mortgage, sublet or otherwise transfer any interest in this FACILITY USE AGREEMENT to any person, firm, organization or corporation during the term of this FACILITY USE AGREEMENT or any extension thereof without the written consent of CITY first had and obtained.
15. INDEMNIFICATION:
SEQUOIA hereby agrees to and shall defend, protect, indemnify, and hold harmless the CITY and all officers, agents, representatives, and employees thereof from any and all liability, claims, or damages of whatsoever kind or character, including attorneys fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of SEQUOIA, SEQUOIA’S independent contractors, employees, representatives, agents, and invitees, and the passive or active negligent acts or omissions of the CITY or its officers, agents, representatives, and employees while acting within the scope of their duties regarding work to be performed pursuant to this AGREEMENT. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims, or liability. This FACILITY USE AGREEMENT shall be binding upon SEQUOIA whether or not there are any allegations of fault negligence or liability of the indemnities hereunder.
16. VOLUNTEERS/EMPLOYEES
SEQUOIA shall be responsible for conducting criminal background checks on all volunteers, including but not limited to, coaches, umpires, and others who will be in a position to supervise youth under 18 years of age or vulnerable adults. SEQUOIA agrees that failure of an individual to submit to a required criminal background check will result in prohibiting said individual from coaching and/or supervising children or vulnerable adults. SEQUOIA agrees to make every 124
8 effort in keeping with California Penal Code Section 11105.3, and that the organization will not utilize the services of anyone with convictions or any arrest pending adjudication involving the offenses specified in California Welfare and Institution Code subdivision (a) of Section 15660.
17. INSURANCE REQUIREMENTS:
It is further understood and agreed that SEQUOIA shall secure and maintain during the term of this FACILITY USE AGREEMENT, and any renewal thereof, a policy of commercial general liability and property damage insurance, naming the CITY as co-insured, with a single combined liability limit of $2,000,000.00, and property damage limits of not less than $1,000,000.00, insuring against all liability of SEQUOIA and its authorized representatives arising out of and in connection with SEQUOIA’s use or occupancy of the premises. All general liability insurance and property damage insurance shall insure performance by SEQUOIA of the indemnity provisions of item 15. CITY shall be named as additional insureds, the policy shall contain cross liability endorsements, and an endorsement requiring 30 days written notice from the insurance company to all parties before cancellation or change in the coverage, scope or amount of any policy. Such policy, or a certificate of the policy, together with evidence of payment of premiums, shall be delivered to CITY at the commencement of the term, and on renewal of the policy not less than 30 days before expiration of the term of the policy. SEQUOIA, at its own cost, shall be responsible for maintaining a policy of insurance covering its personal property located on the premises.
In addition to the above general liability insurance, throughout the lease term, SEQUOIA shall purchase tournament and clinic insurance with limits of not less than $2,000,000 general liability and $250,000 personal injury for each scheduled tournament and/or clinic. Also, throughout the AGREEMENT term, at any time SEQUOIA employs any person(s), SEQUOIA shall, at SEQUOIA’s sole cost and expense, keep or cause to be kept in force workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than $1,000,000.00 per accident.
18. CODE OF CONDUCT
SEQUOIA shall create and maintain a Code of Conduct and require participants, coaches, and parents to complete and comply with said Code of Conduct. SEQUOIA’s Code of Conduct shall reinforce compliance to all City ordinances, Park rules, and all General Rules and Regulations as set forth in the City of Visalia Parks and Recreation Facility Use Policy Section VII (Attachment B).
19. ANNUAL REPORTS
SEQUOIA agrees to provide annual reports, to include league registration numbers, participant names and address of residency information, financial statements, proof of non-profit status, and other reports as requested by the CITY.
20. IMPROVEMENTS
As set forth in Section 2, SEQUOIA shall have the opportunity to make improvements to the premises and property which is subject of this FACILITY USE AGREEMENT, provided that SEQUOIA obtains prior written approval from the CITY before any such improvements. Upon the expiration of this FACILITY USE AGREEMENT, and any extension thereof, all such 125
9 improvements shall automatically revert to CITY’s ownership. Should the CITY elect to require SEQUOIA to remove said improvements, SEQUOIA shall do so and return the property to its original condition, allowing for reasonable and normal wear.
21. DISCRIMINATION
SEQUOIA for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, sex, handicap, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said premises.
22. TERMINATION
In addition to any other provision in this FACILITY USE AGREEMENT, this AGREEMENT may be canceled or terminated upon the following:
A. This AGREEMENT and the tenancy hereby granted may be terminated or canceled at any time by either party hereto by giving to the other party not less than sixty (60) days written notice.
B. This AGREEMENT shall terminate automatically if either party hereto fails to remedy any breach or any term or condition of this AGREEMENT within thirty (30) days after receiving written demand from the other party to do so. If however, either party is diligently proceeding in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction.
C. SEQUOIA agrees at the end of the LEASE term or in the event of an early termination, as provided for herein, to quit and deliver up said premises in as good condition as they are now, ordinary wear and tear excepted.
23. QUIET ENJOYMENT
CITY does hereby covenant and agree that upon the performance of all covenants by SEQUOIA as herein provided, SEQUOIA shall peaceably and quietly hold and enjoy said premises during the term of this AGREEMENT and any extension thereof except as otherwise provided hereupon the termination of this AGREEMENT or any extension thereof.
24. AMENDMENT
This AGREEMENT may be amended at any time by mutual agreement of the parties in writing.
25. NOTICE
All notices to be given by SEQUOIA pursuant to this AGREEMENT shall be mailed to City of Visalia, Community Services Department, 345 North Jacob Street, Visalia California 93291; and all notices to be given to SEQUOIA pursuant to this LEASE AGREEMENT shall be mailed to SEQUOIA c/o SEQUOIA President (mailing address)
For the purpose of this AGREEMENT, SEQUOIA shall designate one point of contact with which the CITY shall coordinate the use of fields, maintenance concerns and other communications. This representative or a designee in his/her absence will be the only authorized agent of SEQUOIA to coordinate use throughout each season.
26. ENTIRE AGREEMENT
126
10 This FACILITY USE AGREEMENT contains the entire AGREEMENT between the parties. No promise, representation, warranty, or covenant not included in this AGREEMENT has been or is relied on by either party. Each party has relied on his/her own examination of this AGREEMENT, counsel of its own advisors, and warranties, or representations, or covenants in the AGREEMENT itself. The failure or refusal of either party to inspect the premises or improvements, to read the AGREEMENT or other documents, or to obtain legal or other advise relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advise.
IN -WITNESS WHEREOF, the parties have executed this LEASE AGREEMENT as of the date first above written.
Kaweah Little League Softball
D.B.A. Sequoia Softball CITY OF VISALIA
SEQUOIA Board President Date Leslie Caviglia, City Manager Date Risk Management Date
APPROVED AS TO FORM:
City Attorney Date
127
Attachment D
Riverway Sports Park—Softball Complex
128
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0157 Agenda Date: 8/7/2023 Agenda #: 3.
Agenda Item Wording:
Authorize re-certification of Self-Help Enterprises, Inc. (SHE) as a Community Housing Development Organization (CHDO); authorize an award for approximate $630,000 in FY 23/24 HOME funds, as a 55-year residual receipt loan, toward construction of an 80-unit multi-family housing development known as Rancho Colegio; and authorize the City Manager to execute a letter of commitment for Self -Help Enterprises for Rancho Colegio for an amount up to $1,290,000 (combined FY 23/24 and FY 24/25 HOME funding).
Deadline for Action: 8/7/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Margie Perez, Housing Specialist, 713-4460, [email protected] <mailto:[email protected]>; Melody Murch, Assistant Finance Director, 713-4379, [email protected] <mailto:[email protected]>; Renee Nagel, Finance Director, 713-4375, [email protected] <mailto:[email protected]> Department Recommendation:
Staff Recommends that Council:
1. Authorize the City Manager to execute an agreement re-certifying Self-Help Enterprises, Inc. (SHE) as a Community Housing Development Organization (CHDO) under the terms, regulations, and requirements of the U.S. Department of Housing and Urban Development (HUD) - HOME Investment Partnership (HOME) Program; and
2. Authorize an award for approximate $630,000 in FY 23/24 HOME funds, contingent upon actual program income received, as a 55-year residual receipt loan for construction of the 80- unit multi-family housing development known as Rancho Colegio; and
3. Authorize the City Manager to execute a letter of commitment to Self-Help Enterprises for the Rancho Colegio project to provide an amount up to $1,290,000 in HOME funding (combined amount from FY 23/24 - $630,000 and FY 24/25 - $660,000 - estimated); and
4. Authorize the City Manager to negotiate terms, approve any minor or technical revisions, and execute necessary contracts and loan agreements for the Rancho Colegio project, including provisions required to maintain ownership and use.
Background Discussion:
Executive Summary:
In the FY 2023 Annual Action Plan approved by Council on April 17, 2023, approximately $630k of HOME-CHDO funding was appropriated for a Community Housing Development Organization Visalia City Council Page 1 of 6 Printed on 8/4/2023
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File #: 23-0157 Agenda Date: 8/7/2023 Agenda #: 3.
(CHDO) project. An additional $660k is estimated to be available in the HOME grant program next year (2024/25) for a total of up to $1,290,000 over the next 2 years. SHE has submitted a proposal requesting HOME CHDO funding for approximately $1,290,000 to be used for an 80-unit multi-family affordable housing development known as “Rancho Colegio”. The Rancho Colegio complex will provide affordable housing to working low-income families with some designated for farmworker housing as well. The project has been through the planning process for entitlements. On July 24, 2023, the Rancho Colegio project parcel map was reviewed and approved by the Planning Commission. The July 24, 2024, Planning Commission Meeting staff report can be found at the City of Visalia webpage under Committees and Commissions and also at the following link:
<https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=53991>.
Staff recommends awarding the FY 2023/24 funds (estimated $630k, contingent upon program income received) to the Rancho Colegio project, as well as the City's commitment (contingent upon availability) to award FY 24/25 funds ($660k estimated) which will be available next year for this project. Award of these funds would restrict 11 of the 80 project units to occupancy by residents who are at or below 50% of Area Median Income and provide local investment in this low-income housing project, which is an important factor in the application process for additional project funding. SHE has already been awarded grant funding of $13.7 million towards this project and will be applying for 9% tax credit funding to bridge the gap between this amount and the estimated total project cost of $29 million.
To provide the requested funding, staff is asking Council's authorization to negotiate and execute the necessary contracts and agreements, as well as to provide a letter of commitment for the 2024/25 funding (contingent upon availability) to be used by SHE in support of their tax credit funding application. A more detailed description of this request and the Rancho Colegio project follows.
Project and Funding Background:
The City of Visalia, as a Participation Jurisdiction (PJ) receives HOME Investment Partnership Program (HOME) funding on an annual basis from the U.S. Department of Housing and Urban Development (HUD). Within 24 months after the date HUD notifies the PJ of HUD’s execution of the HOME agreement, the PJ must reserve not less than 15% of the HOME allocation for investment only in housing to be owned, developed, or sponsored by a Community Housing Development Organization (CHDO) per 24 CFR 92.300(a). Each time an award is made to a CHDO, the PJ must certify the organization as meeting the definition of CHDO and must document that the organization has the capacity to own, develop, or sponsor housing. HOME-CHDO set-aside eligible activities include:
· Acquisition and/or rehabilitation of rental housing; and · New construction of rental housing; and
· Acquisition and/or rehabilitation of homebuyer properties; and · New construction of homebuyer properties; and
· Direct financial assistance to purchasers of HOME-assisted housing that has been developed with HOME funds by the CHDO.
CHDO set-aside funds that are not reserved for designated CHDOs within 24-months will be recaptured by HUD.
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File #: 23-0157 Agenda Date: 8/7/2023 Agenda #: 3.
On April 20, 2020, Council approved the 5-year Consolidated Plan (ConPlan), which planned the use of FY 2023/24 and FY 2024/25 HOME CHDO funds toward development of a HOME CHDO multifamily housing project. On April 17, 2023, Council approved an estimated $635,325 in HOME funding based on the estimated 2023/24 annual HOME allocation and program income to be received for a HOME CHDO multi-family development project as planned in the current 5-year ConPlan. As stated in the FY 2023 Annual Action Plan (AAP), any increase or decrease of the FY 2023 HOME annual allocation or program income will be an adjustment to the HOME CHDO multi-family project. In the FY 2023 AAP, the CHDO 15% was combined with additional HOME funds to fund a CHDO multifamily project that had not yet been identified and staff planned to return to Council with a potential HOME CHDO multi-family project for Council’s review and approval.
CHDO Certification: The HOME Final Rule requires that each time the City commits HOME CHDO funds, it must re-certify a nonprofit’s qualifications to be a CHDO and its capacity to own, sponsor, or develop housing per 24 CFR 92.300(a). According to the HOME program requirements, CHDO certifications are based upon meeting the definition of a CHDO and capacity assessment. These are required at the time of commitment and the CHDO is expected to remain a CHDO throughout the project's period of affordability. To satisfy the requirement to reserve not less than 15% of the HOME allocation for CHDO projects, funds are reserved when a PJ enters into a written agreement with the CHDO committing the funds to a specific local project.
The City has reviewed SHE’s CHDO re-certification documentation and has determined the SHE has the capability to own, develop, or sponsor a housing development project, and is eligible for City Authorization for CHDO re-certification. CHDO funds must be committed to CHDO development projects requiring acquisition, construction, or rehabilitation components to be considered a “development” project.
Self-Help Enterprises: Self-Help Enterprises, Inc. (SHE) has been headquartered in Visalia since its founding in 1965 and developed single family housing for low-income Visalians as early as 1969.
SHE is currently the only designated CHDO for the City of Visalia. The City has looked for other potential CHDO’s within the region and SHE was found to be the sole organization both interested and eligible for designation as a CHDO within Tulare County. SHE has a strong connection to the low and moderate -income residents of Visalia and has been a great asset as a City designated CHDO.
SHE is a private, non-profit, 501 (c) (3) tax exempt corporation established under the laws of the State of California to improve the living conditions and community standards of low-income families.
The primary emphasis of the organization since its formation has continuously been the creation of new housing opportunities and the preservation and improvement of existing housing. SHE utilizes the HOME-CHDO funds and program income generated by the repayment of HOME-CHDO funded housing and development loans for the development of additional affordable housing, such as the 5 single-family homes recently constructed by SHE on NW 5th Avenue and N Court Street.
Rancho Colegio Project: SHE has submitted a proposal and a letter of request for approximately $1,290,000 in City of Visalia HOME CHDO funding, for an 80-unit multi-family affordable housing development on Southeast corner of Esquivel Avenue and North Court Street in Visalia known as “Rancho Colegio”. The Rancho Colegio project will consist of 80 rental units, of which one unit will be reserved for an on-site manager. The project will be comprised of 36 one-bedroom units, 22 twobedroom units, and 22 three-bedroom units serving seniors, working families, and farmworker households. The project will also include a community building, open recreation space, outdoor playground, and a laundry facility. Rancho Colegio will serve residents at or below 50% of the area Visalia City Council Page 3 of 6 Printed on 8/4/2023
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median income (AMI) limit and rents will range from $390 to $900 per month. Rancho Colegio will be an all-electric project which includes renewable solar PV to off-set 100% of the residential and common area electrical. The Rancho Colegio Project is eligible for HOME CHDO set-aside and HOME funding.
Project Budget and Other Funding: The total construction budget is estimated at $29 million. In February 2023, the Rancho Colegio project was awarded $10,172,065 in Multifamily Housing Program (MHP) funding and $3,596,644 in Joe Serna, Jr. Farmworker Housing Grant (FWHG) Program funding for a total of $13,768,709 of California Department of Housing & Community Development (HCD) funding under the Multifamily Super NOFA as shown in Attachment “B”. SHE is also applying for 9% tax credit competitive funding to fill the remaining construction gap. These LowIncome Housing Tax Credit (LIHTC) funds are administered by the California Tax Credit Allocation Committee (CTCAC) through the California State Treasurer. The LIHTC program highly encourages local investment in construction of affordable rental housing for low-income households, and SHE is requesting a letter of commitment from the City to show this local investment for their tax credit application.
HOME Funds: SHE is requesting approximately $1,290,000 in HOME funds which will restrict eleven (11) HOME floating assisted units to occupation by households at or below 50% of the AMI level.
Staff recommends providing all available FY 2023/24 and FY 2024/25 HOME funds to satisfy this request, contingent upon final award in FY 2024/25 Annual Action Plan as approved in the 5-year Consolidated Plan. Staff estimates and available $630,000 in FY 2023/24, and $660,000 in FY 2024/25 for a total commitment of approximately $1,290,000 in HOME funds. If the HOME funding for 2024-25 comes in less than anticipated, it is recommended that this project be awarded the full amount. The total proposed HOME funding will provide 4% of the total project construction budget, multiplying the investment of these HOME-CHDO funds more than 20 times.
HOME Loan Terms: At the time of the final written agreement, a loan agreement will be executed, referencing all the requirements of HOME funds, including the execution of a Note, which will be provided as a 3% loan and repaid over a 55-year term through residual receipts. A Deed of Trust and a Restrictive Covenant will be recorded against the property to maintain affordability of the units for 55 years. Eleven (11) floating units will be designated as “HOME assisted” and will be monitored by the City during the term of the covenant. In addition to the HOME affordability requirements, LowIncome Housing Tax Credit funding will maintain a 55-year affordability covenant.
Project Process: This project has already completed project design, the site plan review process, and the environmental review process. The tax credit application is due August 9, 2023, and is expected to be awarded November 8, 2023. Tax Credit funding requires construction to begin within 6 months of award. As a result, the project's anticipated construction start date is May 2024 and anticipated completion date is September 2025. The project is aiming to achieve full occupancy by December 2025.
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File #: 23-0157 Agenda Date: 8/7/2023 Agenda #: 3.
Fiscal Impact:
The HOME funding for this project is $630,000 of projected HOME funds and program income to be received during FY 2023/2024 as approved in the FY 2023/2024 Annual Action Plan. The estimated $660,000 in FY 2024/2025 HOME funds will be requested for appropriation during the adoption of the FY 2024/2025 Annual Action Plan in the Spring of 2024. No General Fund money is included or requested for this project.
Prior Council Action: Click or tap here to enter text.
· April 20, 2020 - Adoption of 5-year (FY 2020/21 - 2024/25) Consolidated Plan. Council approved FY 23/24 and FY 24/25 HOME funds for a HOME-CHDO multi-family housing development project.
· April 17, 2023 - Adoption of FY 2023/24 Annual Action Plan approved estimated $635,625 of HOME program income funds for a HOME-CHDO multi-family project. Any increase or decrease of the HOME annual allocation or program income will be directed to the HOMECHDO multi-family project.
Other: None.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
Staff recommends that Council:
1. Authorize the City Manager to execute an agreement, re-certifying Self-Help Enterprises, Inc. (SHE) as a Community Housing Development Organization (CHDO) under the terms, regulations, and requirements of the U.S. Department of Housing and Urban Development (HUD) - HOME Investment Partnership Program (HOME); and
2. Authorize award for approximate $630,000 in FY 23/24 HOME funds contingent upon actual program income received, as a 55-year residual receipt loan, toward construction of an 80-unit multi-family housing development known as Rancho Colegio; and
3. Authorize the City Manager to execute a letter of commitment for Self-Help Enterprises for Rancho Colegio for up to a total amount of $1,290,000; and
4. Authorize the City Manager to negotiate terms, approve any minor or technical revisions, and execute necessary contracts and loan agreements, including provisions required to maintain ownership and use.
Environmental Assessment Status: NEPA Completed.
CEQA Review: CEQA Completed.
Attachments: Click or tap here to enter text.
· Attachment A - SHE’s Letter of Request
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· Attachment B - HCD Super NOFA Award Letter
· Attachment C - Rancho Colegio Project Summary
· Attachment D - COV Draft Commitment Letter
· Attachment E - SHE CHDO Application & Checklist
· Attachment F - Draft SHE CHDO Agreement
Visalia City Council Page 6 of 6 Printed on 8/4/2023
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A Nonprofit Housing and Community Development Organization April 17th, 2023
Leslie Caviglia
City Manager, City of Visalia
220 N. Santa Fe St.
Visalia, CA 93292
RE: Request Letter- Rancho Colegio project
Dear Mrs. Caviglia
Self-Help Enterprises (SHE) is developing an affordable 80-unit multifamily housing development on the Southeast corner of Esquivel Ave. and North Court St. in Visalia known as “Rancho Colegio". The site will consist of eighty (80) rental units, of which one unit will be reserved for an on-site manager. This project will include 20 units of farmworker housing. In February of 2023 SHE was awarded $13,768,709 of HCD funding under the Multifamily Super NOFA (see Award Commitment).
In preparation for a 9% Tax Credit Application on August 8th, 2023, SHE is requesting HOME funding for eleven (11) of the 80 rental units for households at or below 50% AMI. SHE would like to request the following funding in order to successfully complete the financing needed: $630,000 of Visalia’s HOME-CHDO funds for Fiscal Year 2023/24, and $600,000 Visalia’s HOME-CHDO funds for Fiscal Year 2024/25, for a total commitment of $1,290,000.
Rancho Colegio – Public Funds
Committed Requesting
Multifamily Housing Program (MHP) - $10,172,065 HOME-CHDO (FY 23/24) - $630,000 Joe Serna,Jr. Farmworker Housing Grant (FWHG)
Program - $3,596,644
HOME-CHDO (FY 24/25) - $660,000
Total: $13,768,709 Total: $1,290,000
This funding will increase the financial feasibility of the project and allow the project to be more competitive for Tax Credit funding, which benefits from local leverage.
Should you have any questions regarding this proposal, please contact me at (559) 802-1620 or [email protected]. Once again, thank you for the consideration of this request.
Sincerely,
ThomasJ. Collishaw
President/CEO
Main Office: 8445 W. Elowin Court · P.O. Box 6520 · Visalia, CA 93290 · Phone (559)651-1000 · Fax (559)651-3634 [email protected] · www.selfhelpenterprises.org DocuSign Envelope ID: 00D07593-1D2D-412C-9BEC-9E051D4C1641 1559 135
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P.O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hed.ca.gov
February 6, 2023
Thomas J. Collishaw, President and Chief Executive Officer Self-Help Enterprises
8445 West Elowin Court
Visalia, CA 93291
Dear Thomas J. Collishaw:
RE: Conditional Award Commitment and Acceptance of Terms and Conditions Multifamily Super Notice of Funding Availability, Fiscal Year 2022/2023, Round 1 Self-Help Enterprises — Rancho Colegio
Contract No. 22-MFSN-17593
The California Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability on March 30, 2022, and as amended on June 10, 2022, Amendment 1, (the “Multifamily Super NOFA” or “MFSN”). The Department is now pleased to inform you of this conditional award to Self-Help Enterprises (“Awardee(s)”). This conditional award is a loan in the amount of $13,768,709 (the
“Conditional Award”) for the above-referenced project (the “Project”) and includes the
following:
Program Award Amount Contract Number
Multifamily Housing Program (MHP) $10,172,065 | 22-MFSN-17593 Joe Serna, Jr. Farmworker Housing Grant $3,596,644 | 22-MFSN-17593 (FWHG) Program
Veterans Housing and Homelessness $0 N/A
Prevention (VHHP) Program
Infill Infrastructure Grant (IIG) Program $0 N/A
The Conditional Award is based on and subject to the Applicant Representations and the Terms and Conditions of Conditional Award, both as further specified and described in this notice of the Conditional Award (the “Conditional Award Commitment’). This Conditional Award may only be accepted by timely delivery of a fully executed Acceptance of Terms and Conditions of Conditional Award form to the Department (an execution copy of this form
is enclosed herein).
136
Multifamily Super NOFA, Round 1, Conditional Award Commitment Self-Help Enterprises — Rancho Colegio
February 6, 2023
Applicant Representations — Basis of Conditional Award
In response to the Super NOFA, the Awardee(s) submitted an application for financing of the Project (that application, and all communications and documentation submitted to the Department in support thereof, the “Application’).
The Department is making this Conditional Award to the Awardee(s) on the basis of, and in reliance upon, the representations, warranties, projections, and descriptions that the Awardee(s) submitted as part of the Application (the “Applicant Representations’).
The Department may rescind this Conditional Award if the Department discovers, at any time prior to disbursement of the Conditional Award, that the Applicant Representations included material misrepresentations or omissions, regardless of whether or not such misrepresentations or omissions were innocent, unintentional, and/or based upon belief.
Terms and Conditions of Conditional Award
The Department may rescind this Conditional Award if any of the terms and conditions enumerated in this Section Il (the “Terms and Conditions of Conditional Award”) are not timely satisfied. TIME IS OF THE ESSENCE IN THE SATISFACTION OF THESE TERMS AND CONDITIONS OF CONDITIONAL AWARD.
The Terms and Conditions of Conditional Award and their corresponding timelines are described below. All timelines shall be calculated in calendar days. Any deadline falling on a weekend or State of California holiday shall be extended to the next business day.
If the Terms and Conditions of this Conditional Award are timely satisfied, the Department will (i) promptly provide a written notification to the Awardee(s) via electronic mail; and (ii) circulate an execution copy of an STD 213, Standard Agreement for all appropriate signatures and approvals in accordance with the timeline specified at Section III of this Conditional Award Commitment.
1. Timely Execution of Acceptance of Terms and Conditions of Conditional Award Form
The Awardee(s) shall execute and deliver a copy of the enclosed Acceptance of Terms and Conditions of Conditional Award to the Department within ten (10) calendar days of the date upon this Conditional Award Commitment. The Department will deem this condition to be unsatisfied if it receives an executed Acceptance of Terms and Conditions of Conditional Award that has been substantively modified, altered, or amended in any way. The signed Acceptance of Terms and Conditions of Conditional Award form must be submitted to [email protected].
137
Multifamily Super NOFA, Round 1, Conditional Award Commitment Self-Help Enterprises — Rancho Colegio
February 6, 2023
2. Timely Delivery of Authorization and Organizational Documents The Awardee(s) shall deliver to the Department, within sixty (60) calendar days of the date upon this Conditional Award Commitment, a legally sufficient set of Authorization and Organizational Documents, as further described and specified below. Specifically, the Awardee(s) shall deliver a duly adopted authorizing resolution, as well as a complete and duly filed or adopted set of organizational documents and all amendments (the “Authorization and Organizational Documents”), for each of the following entities as applicable: each Awardee entity; the ultimate borrower of the Conditional Award funds (the “Borrower”); and each separate legal entity that is part of the Awardee’s or Borrower's organizational structure. Each entity’s resolution must constitute, to the Department's reasonable satisfaction, an unconditional, duly adopted, and legally binding authorization of the entity to accept the total amount of these Conditional Award funds, to fully participate in the relevant Department program, and to be legally bound by the requirements of the Department program. The Department may agree to an extension of fifteen (15) calendar days based on the Awardee’s demonstration of necessity.
Note: Local Public Entities, as defined in the Super NOFA Final Program Guidelines, are not required to submit a complete and duly filed or adopted set of organizational documents and amendments. Both the Conditional Award and this Conditional Award Commitment are subject to Health and Safety Code section 50406, subdivision (p), as subsequently amended (“AB 1010’).
The Department has posted resolution templates on its website as informational guidance. Please note that use of the resolution templates is not compulsory.
However, use of the provided templates will assist in the timely review and approval of the Standard Agreement. While entities may choose to use modified language in their resolutions, Sponsors should be aware that this may delay preparation of the Standard Agreement or, if deemed insufficient, may result in the need to submit a revised resolution.
At any point prior to disbursement, the Department may also require the Awardee(s) to resubmit Authorization and Organizational Documents if the original submittals were determined to be inaccurate or incomplete. lll. Delivery of Standard Agreement
In an effort to be responsive to each Awardee’s closing needs and to ensure timely commitment of funds, the Department commits to delivering an execution copy of the Standard Agreement relative to this Conditional Award within ninety (90) calendar days of receiving all required documents, including all legally sufficient Authorization and Organizational Documents, in connection with this Project and as applicable. 138
Multifamily Super NOFA, Round 1, Conditional Award Commitment Self-Help Enterprises — Rancho Colegio
February 6, 2023
IV. Deadline to Secure Permanent Financing
Please note that the Awardee must secure all permanent financing, including tax credits and bond allocations, within 24 months of the date of the first Department funding award to the Project, consistent with the Department's Disencumbrance Policy (Administrative Notice Number 2022-02: Disencumbrance Policy). Sponsors must demonstrate that all permanent financing is in place allowing the project to commence construction. Failure to meet this requirement shall result in the withdrawal or recapture of this Conditional Award and any other prior or subsequent funds awarded to the Project.
Congratulations on your successful Application. For further information, please contact Hector Leyva, MFSN Section Chief, Program Design and Implementation Branch, at (916) 490-9313 or [email protected].
Sincerely,
Jennifer Seeger
Deputy Director
Division of State Financial Assistance
Enclosure: Acceptance of Terms and Conditions of Conditional Award Form 139
California Department of Housing and Community Development 2022/2023 Multifamily Super NOFA, Round 1
Acceptance of Terms and Conditions of Conditional Award
Self-Help Enterprises (“Awardee(s)”)
Rancho Colegio (“Project”)
Multifamily Super NOFA award totaling $13,768,709; (“Conditional Award”) as detailed
below:
Program Award Amount | Contract Number
Multifamily Housing Program (MHP) $10,172,065 | 22-MFSN-17593 Joe Serna, Jr. Farmworker Housing Grant $3,596,644 | 22-MFSN-17593 (FWHG) Program
Veterans Housing and Homelessness Prevention $0 N/A
(VHHP) Program
Infill Infrastructure Grant (IIG) Program $0 N/A
By signing this Acceptance of Terms and Conditions of Conditional Award, the Awardee acknowledges having read and fully understood the terms and conditions of the Conditional Award Commitment, dated February 2, 2023, in connection with the Project.
In addition, the Awardee acknowledges having read and fully understood all of the Department's requirements relative to the Conditional Award, including the requirements set forth in Administrative Notice Number 2022-22: Disencumbrance Policy, and the Awardee agrees to abide by and comply with those requirements.
In addition, the Awardee must acknowledge that it has reviewed and verified the accuracy of the final project report prepared by the Department no later than February 28, 2023. » 3/8 /a3
Thomas J. Collishawy President and Chief Executive Officer ' T Date Self-Help Enterprises
** For HCD Use Only **
OU Authorized Representatives Verified
O All Parties Signed
Date Received:
140
Rancho Colegio
8445 W. Elowin Court P.O. Box 6520 Visalia, CA 93290 Phone: (559) 651-1000 Fax: (559) 651-3634 www.selfhelpenterprises.org
About Us The Rancho Colegio project includes the
construction of a 80-unit affordable rental community
with one managers unit. The rental project is a single
phase project located on the Southeast Corner of N
Court Street and Esquivel Avenue on a 3.7-acre parcel in Visalia (Tulare County). The project will include 36 one-bedroom units, 22 two-bedroom units, and 22
three-bedroom units, a community building, open
recreation space for residents and a laundry facility.
The project will serve working families at or below
50% AMI. The project includes 100% solar PV to
offset common area and resident loads, and water
conservation/efficiency measures. SHE will offer a
robust program of on-site Resident Services, including job training, health and medical services, financial training and homebuyer education. The combination
of housing and resident services is a way SHE helps
people help themselves.
Self-Help Enterprises (SHE) is a nationally
recognized community development
organization whose mission is to work
together with low-income families to build
and sustain healthy homes & communities.
In the last 57 years,. Self-Help Enterprises’
efforts have touched the lives of over
65,000 families. Self-Help Enterprises develops quality, affordable rental apartments to serve the housing needs of lowincome Valley residents. All of our 37 rental communities are professionally
managed and are located near schools, bus
lines and other community services.
141
Location: Corner of N Court Street and Esquivel Avenue , Visalia CA Size: 3.7 acres
Proposed Use: 80-unit affordable family rental project
Surrounding Uses: Single Family Subdivision to North, Future Self-Help Project to the East, Multifamily Housing to the South, Navigation Center to West Targeted Family
Income: All below 50% AMI; Rents will range from $390—$902 Demand for Project: Visalia Housing Plan indicates a need for affordable housing Proposed Financing: MHP and Serna, Visalia HOME Funds, 9% Tax Credit Equity Other Development
Issues: Parcel Map
Development Status
Zoning Sewer Water Site Plan Final Plans Financing Rancho Colegio
APN: 079-071-030-000 Census Tract: 061070010
142
August 7, 2023
Self-Help Enterprises
Attn: Tom Collishaw
8445 W. Elowin Ct.
Visalia, CA 93291
Re: HOME Investment Partnership Program (HOME) Community Housing Development Organization (CHDO) Funding Commitment for Rancho Colegio Project.
Dear Mr. Collishaw:
This letter is to signify the City of Visalia's support of the Rancho Colegio (Project), located at The Southeast corner of North Court Street and East Glendale Avenue, Visalia, CA 93291. The City of Visalia has appropriated approximately $630,000 in Fiscal Year 2023/24 and hereby commits an additional estimated $660,000 in Fiscal Year 2024/25 HOME funds for a total City of Visalia commitment up to $1,290,000 in HOME funds, contingent upon HOME annual allocation and program income received, toward development of the Rancho Colegio Project. The funding will be in the form of a residual receipt loan, bearing an interest rate of three percent (3%) over a 55-year term subject to compliance with all HOME program requirements.
The proposed project will serve households with incomes at or below 50% of the area median income (AMI) level and will be required to meet all HOME income and rental restrictions as well as HOME regulations.
The City of Visalia looks forward to working with Self-Help Enterprises as they bring critical housing to our community. If you have any questions, please contact me via email at [email protected].
Sincerely,
Leslie Caviglia
City Manager
City of Visalia City Manager’s Office
220 N. Santa Fe, Visalia, CA 93292 Tel: (559) 713-4332 Email: [email protected] 143
City of Visalia CHDO Certification 10
CITY OF VISALIA CHDO APPLICATION
Organization: ______________________________ Federal Tax ID (EIN): ________________ Contact Person: ______________________________ Phone #: __________________________ Title: _______________________________________ E-Mail: ____________________________ Street Address: _______________________________ Web Site: _________________________ City/State & Zip: _______________________________ DUNS #: __________________________ Board Composition: Attach a complete list of Board Members at Tab M above, indicating name, Board position and if they are a low-income representative or public official. Certification required for lowincome representative. The Board Member Certification Form is located at the end of this document.
Annual Operating Budget: ____________________________________________________________ Major sources of operating funds:
Source
Indicate whether State,
Federal or Other Amount
CHDO’s must serve a specific, clearly defined geographic area. They do not need to represent a single neighborhood but may include in their service area an entire community, i.e., city, town, village, county, or multicounty area but not the whole state, as long as they meet all other CHDO requirements. 144
CHDO Application (continued)
City of Visalia CHDO Certification 11
Current defined service area (i.e., before the proposed CHDO set-aside project):
___________________________________________________________________________________ Name, address, and county of the CHDO set-aside project: ____________________________________ Is the Executive Director experienced in the CHDO activity for which you intend to exercise a CHDO designation? ☐ Yes ☐ No
Are others on staff experienced in the CHDO activity for which you intend to use a CHDO designation? ☐ Yes ☐ No
If staff is not experienced in housing development, has a qualified consultant been hired to train employees of the CHDO in HOME development activities during the first year of operation as a CHDO? ☐ Yes ☐ No ☐ N/A
Number of full-time employees: ________________ Professional: ____________________ Parent organization, if applicable: _________________________________________________ IRS Tax Status (check one) 501(c)3 ☐ 501(c)4 ☐ 905 subordinate ☐ Date of Incorporation: ______________________________
Based on descriptions on pages 5 and 7 of the Policies and Procedures the CHDO expects to pursue the following CHDO roles (check all that apply):
☐ Rental Owner
☐ Rental Developer
☐ Rental Sponsor – Scenario 1 (see 5.2.3.1 on page 14)
☐ Rental Sponsor – Scenario 2 (see 5.2.3.2 on page 14)
☐ Homeownership Developer
145
City of Visalia CHDO Certification 12
CHDO Requirements Rule Citation
Requirement
satisfied &
documented
ORGANIZATIONAL REQUIREMENTS
1. Legal structure
1.1. The organization is organized under state or local law. §92.2 CHDO Definition ¶ (1)
1.2. The organization has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons.
§92.2 CHDO
Definition ¶ (7)
1.3. The organization has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual.
§92.2 CHDO
Definition ¶ (2)
1.4. The organization is not under the control or direction by any individual or entity seeking to derive profit or gain.
§92.2 CHDO
Definition ¶ (3)
1.5. The organization has one of the following IRS tax exempt statuses:
1.5.1. Exemption under 501(c)(3) or 501(c)(4);
1.5.2. Subordinate of a central nonprofit under IRC Section 905; or
1.5.3. A private nonprofit that is a wholly owned subsidiary of an organization that has 501(c)(3) or (c)(4) status and meets the CHDO definition. §92.2 CHDO
Definition ¶ (4)
1.6. The organization is not a governmental entity (any of the following: participating jurisdiction, other jurisdiction, Indian tribe, public housing agency, Indian housing authority, housing finance agency, or redevelopment authority). §92.2 CHDO
Definition ¶ (5)
2. Independence
2.1. Public officials & employees of a governmental entity may comprise no more than 1/3 of the board.
§92.2 CHDO
Definition ¶ (5)
2.2. Officers and employees of a governmental entity cannot be officers (e.g., CEO, CFO, or COO) or employees of a CHDO.
§92.2 CHDO
Definition ¶ (5)
2.3. If the organization was created by a governmental entity, then the governmental entity that created the organization may not appoint more than 1/3 of the board members and board members appointed by the governmental entity may not appoint remaining 2/3.
§92.2 CHDO
Definition ¶ (5)
2.4. If the organization was created by a for-profit entity, then 2.4.1 through 2.4.4 apply:
N/A
2.4.1. The for-profit entity that sponsored or created the organization may not have as its primary purpose the development or management of housing, such as a builder, developer, or real estate management firm. §92.2 CHDO
Definition ¶ (3)(i)
2.4.2. The for-profit entity that created the organization may not appoint more than 1/3 board members, and for-profit-appointed members may not appoint remaining 2/3 of board.
§92.2 CHDO
Definition ¶
(3)(ii)
"Att. D : 2 Para"
"Att.G : IV"
"Att.G : III"
"Att.G : VI"
"Att.G : VI"
N/A
N/A
N/A
N/A
N/A
N/A
146
City of Visalia CHDO Certification 13
CHDO Requirements Rule Citation
Requirement
satisfied &
documented
2.4.3. Officers and employees of the for-profit entity that created the organization cannot be officers or employees of the CHDO.
§92.2 CHDO
Definition ¶
(3)(iv)
2.4.4. The organization must be free to contract for goods & services with others. §92.2 CHDO Definition ¶
(3)(iii)
3. Accountability to the Low-Income Community
3.1. The organization must have a designated service area (i.e., the “community” in which it produces housing). A community can be a neighborhood or neighborhoods, city, county, metropolitan area, or multi-county area (but not the entire State).
§92.2 CHDO
Definition ¶ (8)(i)
3.2. At least 1/3 of the board members are: 1) low-income; 2) residents of a lowincome neighborhood; or 3) elected representatives of a low-income neighborhood organization.
§92.2 CHDO
Definition ¶ (8)(i)
3.3. The organization has a formally adopted process for low-income beneficiaries to advise it on decisions regarding design, siting, development, and management of housing.
§92.2 CHDO
Definition ¶
(8)(ii)
3.4. The organization has at least 1 year of serving the community, or, if it is formed by local churches, service organizations, or neighborhood organizations, its parent organization meets this requirement.
§92.2 CHDO
Definition ¶ (10)
4. Capacity
4.1. The organization has financial management systems that conform to 2 CFR 200.302 and 200.303
§92.2 CHDO
Definition ¶ (6)
4.2. The organization has paid employees with demonstrated experience relevant to the CHDO’s role in undertaking the HOME activity to be funded. (Note: this does not include volunteers, board members, donated or shared staff, or consultants – except as described in 4.1.1. below.)
§92.2 CHDO
Definition ¶ (9)
4.1.1. During the first year of an organization’s funding as a CHDO only, capacity can be demonstrated through a contract with a consultant who has housing development experience to train appropriate key staff of the organization.
§92.2 CHDO
Definition ¶ (9)
CHDO ROLE
5. CHDO set-aside project
CHDOs can undertake either homebuyer or rental projects, as described below, with CHDO set-aside funds:
5.1. Homebuyer projects in accordance with §92.254
To qualify under CHDO set-aside, must meet 5.1.1 and 5.1.2:
"Att. H: Art II (2)"
"Att. H :
Art I (2)"
"Att. J "
"Att. E :
Developer
Capacity /
Resumes "
N/A
N/A
N/A
N/A
N/A
" Att. L"
147
City of Visalia CHDO Certification 14
CHDO Requirements Rule Citation
Requirement
satisfied &
documented
5.1.1. Developer: The organization is or will be the owner in fee simple and the developer of new or rehabilitated units for sale to low-income buyers §92.300(a)(6)
5.1.2. The organization will control the development process including, at a minimum, arranging financing for the project and being in sole charge of construction.
§92.300(a)(6)(i)
5.2. Rental projects in accordance with §92.252
To qualify under CHDO set-aside, must meet one of the following:
5.2.1. Own: The organization is or will be owner in fee simple absolute (or will hold a long-term ground lease) for at least the period of affordability. If a project involves rehabilitation or construction, the organization will oversee all aspects of development.
§92.300(a)(2)
5.2.2. Develop: The organization is or will be owner in fee simple absolute (or will hold a long-term ground lease) for at least the period of affordability and will be in sole charge of all aspects of the development process. §92.300(a)(3)
5.2.3. Sponsor:
Must meet one of the following:
5.2.3.1. The organization will own and develop project that it will convey at a predetermined time after completion to a designated private nonprofit (that was not created by a governmental entity). §92.300(a)(5)
5.2.3.2. The project will be owned and/or developed by an eligible CHDO affiliate, including:
• A wholly owned subsidiary of the CHDO; or
• A limited partnership of which the CHDO or its wholly owned subsidiary is the sole general partner; or
• A limited liability company of which the CHDO or its wholly owned subsidiary is the sole managing member.
§92.300(a)(4)
CHDO PREDEVELOPMENT
6. CHDO pre-development loan
If a project specific pre-development loan is being provided, in addition to meeting CHDO qualification listed in Items 1 – 4 above and having a set-aside eligible project under Item 5, the predevelopment loan must designated as one of following two loan types:
N/A
6.1. TA/site control loan: The loan is for allowable costs specified in §92.301(a)(2) for planning an eligible set-aside project.
§92.301(a)
6.1.1. Document the environmental exemption under 24 CFR 58.34(a) and/or
58.35(b).
§92.352
6.2 Seed money loan: The loan is for allowable preconstruction costs specified in §92.301(b)(1) for planning an eligible set-aside project. §92.301(b)
N/A
N/A
" Att. E "
" Att. E "
"Att. A & E "
"Att. A & E "
148
City of Visalia CHDO Certification 15
CHDO Requirements Rule Citation
Requirement
satisfied &
documented
6.2.1 Document the environmental exemption under 24 CFR 58.34(a) and/or
58.35(b).
§92.352
CHDO OPERATING
7. CHDO operating expenses
If CHDO operating expenses are being provided, the organization must meet the CHDO qualification requirements listed in Items 1 – 4 above, or the organization must meet requirements in 1-3 and item 4.1 above and be receiving the operating funds specifically to hire staff to meet the requirements in 4.2 above.
In addition, the CHDO must meet the following requirements §92.208(c)
N/A
7.1. The organization is funded from the set-aside for a project under development, or is reasonably expected to be funded from the CHDO set-aside within 24 months
§92.300(e)
7.2. The operating expense funds will be used for eligible operating costs that are reasonable and necessary
§92.208(a)
7.3. Operating expense funding (including from other PJs and any Pass-Through funding) in the fiscal year will not exceed the greater of $50,000 or 50% of the organization’s total operating expenses in that year
§92.300(f)
CHDO CERTIFICATION
8. CHDO Certification - Applicant certifies that the information provided herein is true and correct. The organization meets all CHDO regulatory thresholds, AND one or more of the following:
The organization has a project that meets the project eligibility requirements of 92.300 for a reservation of CHDO set-aside funds.
The organization has a project that qualifies for a pre-development loan for eligible costs under 92.301. The organization qualifies for Operating Expenses.
Name:________________________________________________________________________ Title: _______________________________________________________________________ Signature:
___________________________________________________ Date: _____________________ DocuSign Envelope ID: 92EDDF8D-525B-4B1F-B3A6-C86A3B583947 X
X
Tom Collishaw
President/ CEO
6/19/2023
149
1 Attachment “F”
Draft
COMMUNITY HOME INVESTMENT PARTNERSHIP
(Standard Community Housing Development Organization (CHDO Agreement))
AGREEMENT BETWEEN
THE CITY OF VISALIA
AND SELF-HELP ENTERPRISES
THIS AGREEMENT, is entered into this 1
st day of ______, 2023 (the
“Effective Date”) by and between the City of Visalia, (hereafter “City”) and Self-Help Enterprise (“SHE”), a Community Housing Development Organization, (hereafter “CHDO”), as follows:
RECITALS
WHEREAS, the City of Visalia (hereafter “City”) has entered into an agreement to receive funds under the HOME Investment Partnership Program (hereinafter called the “HOME” Program) from the U. S. Department (hereinafter called “HUD”); and WHEREAS, the City has set aside (reserved) a portion of its HOME program funds for use by Community Housing Development Organizations (CHDO) in accordance with the National Affordable Housing Act of 1990, as amended (hereinafter the “Act”); and
WHEREAS, City desires to have CHDO perform functions for the City as described herein;
WHEREAS, CHDO is a California, public benefit, non-profit corporation, established for the purpose of assisting in the development, expansion or preservation of affordable housing in the City of Visalia; and
WHEREAS, CHDO warrants and represents that CHDO, through this Agreement, will be engaged in the development, sponsorship or ownership of housing that is designed to assist low income households as defined by the U.S. Department of Housing and Urban Development (“HUD”) in the City of Visalia; and WHEREAS, CHDO warrants that CHDO has adopted articles of incorporation, by-laws of the organization, board resolution or charter which specifically states CHDO’s commitment to the development of affordable housing; and WHEREAS, CHDO warrants that CHDO is not controlled by a for-profit interest, and has its own staff to carry out the intent of the HOME Investment Partnership Program (“HOME Program”), in conformance with 24 CFR Part 92; and WHEREAS, CHDO warrants that its Board structure reflects the affordable housing interests in the City of Visalia, otherwise meets the regulatory requirements of 150
2 the HOME Program, has at a minimum one third of its Board members consisting of either residents of low-income neighborhoods in Visalia, low income residents, or elected representatives of low-income neighborhood organizations, and has by-laws or a board resolution describing the process for obtaining input from low-income neighborhoods or residents, and not more than one third of its Board members are from the public sector; and
WHEREAS, CHDO is considered an owner of a property when it holds valid legal title or has a long-term leasehold interest (99 year minimum), and CHDO may be an owner with one or more individuals, corporations, partnerships, or other legal entities; and
WHEREAS, CHDO warrants that CHDO may be sole owner and have another entity act as developer; and
WHEREAS, CHDO warrants that CHDO can also be the owner and developer of its own project; and
WHEREAS, CHDO may own a property in partnership with either a majority or minority interest, however, CHDO, in partnership with a wholly-owned for profit or nonprofit subsidiary, must be the managing general partner with effective control (in decision making authority) of the project.
NOW, THEREFORE. in consideration of the mutual covenants and obligations contained herein, including the Attachments, and subject to the terms herein stated, the parties hereto understand and agree as follows:
1. Term of Contract. CHDO shall serve City on a project-by-project basis, pursuant to a separate written agreement for each project. This Agreement shall remain in effect until June 30, 2025, and shall continue in full force and effect so long thereafter as City and CHDO have a separate agreement for a HOME funded project. Upon expiration or termination of all HOIME funded project agreements between City and CHDO, this Agreement shall also expire and terminate.
Funding of any projects through separate agreements or services beyond the term of this Agreement, by any new contract or amendment or extension of this Agreement, have not been authorized and will depend upon the satisfactory performance of this Agreement by CHDO and upon the availability to City of additional funds allocated for such purposes; and neither City nor any employee of City has made any promise or commitment, expressed or implied, that any additional funds will be paid or made available to CHDO for the purpose of this Agreement over and above the funds expressly allocated under the terms of this Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs, successors, survivors, and assigns.
2. Consolidated Plan Goals. CHDO shall, for the term of this contract, use its best efforts to assist City in implementing the objectives of the HUD Consolidated 151
3 Plan pertaining to the community development and public service needs of lowincome households in the City of Visalia.
The CHDO shall provide the City with information necessary for it to complete any and all compliance reports required by HUD.
3. Reporting. CHDO shall, not less than monthly, report to City, in writing, the actions taken by CHDO toward implementation of the above policies.
CHDO shall provide an annual audit report performed in compliance with OMB Circular A-133.
4. Provision of Services and Programs. CHDO shall work with City to implement additional goals or policies of City related to affordable housing in the Visalia community. Specifically, CHDO shall provide the services and programs in the City of Visalia as shown on Exhibit A to this Agreement. CHDO shall be responsible for meeting all HOME affordability requirements. The City will require repayment of any HOME funds expended in the event HOME affordability requirements are not met. CHDO further agrees to meet all required HOME and/or CDBG project requirements, including documentation of incomes, gender, ethnicity, and sizes of households benefiting from the expenditure of HOME and/or CDBG funds, the per unit amount of HOME dollars invested, maximum and minimum funding requirements, housing quality standards requirements, affirmative marketing requirements, and record keeping requirements. Recordkeeping requirements shall include records for each household assisted, value of property, purchase price and rehabilitation cost, if any. CHDO agrees to monitor all HOME and/or CDBG-funded projects at least monthly to determine on-going compliance with HOME and/or CDBG regulations on the part of recipients of HOME and/or CDBG-funded projects.
5. Payment. City agrees to loan to CHDO funds for purposes consistent with the authorized uses for HOME funds, for the costs incurred by CHDO consistent with the provisions of this Agreement, any project related agreements, and based on available funding, for the programs and services identified in Exhibit “A”.
CHDO agrees to execute a Promissory Note in a form substantially similar to the Promissory Note attached hereto as Exhibit “B,” and Deed of Trust in a form substantially similar to the Deed of Trust attached hereto as Exhibit “B,” evidencing and securing loan(s). CHDO may request disbursement of funds only when funds are needed for payment of eligible costs as evidenced by submission of invoices, receipts, or other documents satisfactory to the City.
6. Use of Funds. Use of funds received pursuant to this Agreement shall be in accordance with the requirements of Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, 24 CFR Part 92, and other regulations governing the HOME Program, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. A copy of said 152
4 regulations is incorporated by reference. In addition, CHDO agrees to comply with other applicable laws, including those referred to and incorporated herein.
The CHDO shall repay its award of HOME funds in full to the City from proceeds and/or other project income. The City may waive repayment of the loan in part or in whole, if there are impediments to project development that the City determines are reasonably beyond the control of the CHDO on a case-by-case basis.
7. Program Income. Program income derived from a project, if any, shall revert to City for use in the HOME Program. Program Income is defined at 24 CFR 92.2.
This provision shall survive termination or expiration of this Agreement.
8. Disbursement. The CHDO shall request disbursement of HOME Program funds only at the time funds are needed to pay eligible costs and shall execute with City a project specific agreement memorializing the terms and conditions for same.
Requested funds are limited to the amount needed to cover these costs.
Program Income must be disbursed before requesting grant funds from the City.
For reimbursement of indirect costs, the CHDO shall have on file a cost allocation plan approved by the City.
The sum total of the CHDO reimbursement requests during a given year shall not exceed the amount of the agreed upon annual budget appearing in Exhibit “A”, or, if an amendment to the budget is made, the agreed upon amended budget.
The CHDO shall maintain, submit and make available, to the City, when requested, support documentation with all requests for payment/reimbursement.
9. Method and Place of Giving Notice, Submitting Bills, and Making Payments. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows:
City: The City of Visalia
Attention: Housing Division
707 W. Acequia Avenue
Visalia, CA 93291
CHDO: Self Help Enterprises
8445 W. Elowin Ct.
Visalia, CA 93291
and when so addressed, shall be deemed mailed upon deposit in the United States Mail, postage prepaid. In all instances, notices, bills, and payments shall be 153
5 deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving notice pursuant to this paragraph.
10. Assignment/Delegation. Except as provided above, neither party hereto shall assign, sublet, or transfer any interest in or duty under, this Agreement without written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party shall have so consented.
11. Subcontracts. CHDO shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. CHDO shall monitor all subcontracted services on a regular basis to ensure contract compliance. CHDO shall undertake to ensure that all subcontracts let in the performance of this Agreement are awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to City along with a summary description of the selection process.
12. Inspection and Audit. CHDO agrees that City of Visalia, the U.S. Department of Housing and Urban Development (“HUD”), the Auditor General, the Comptroller General of the United States, or any of their duly authorized representatives shall have the right to inspect and/or audit any books, documents, papers, and records of CHDO which are directly pertinent to the services performed under this Agreement. Records for each grant year shall be retained for a period of five (5) years after the final HUD audit for that grant year. Where a period of affordability applies, records shall be retained for 3 years after the affordability period ends. Records covering displacement and acquisition shall be retained for three years after the date persons were displaced or three years from when the final acquisition payment is received, whichever is latest. City may inspect all applicable records and may cause to be audited invoices and supporting data relative to the funds paid by City to CHDO.
13. Monitoring. The City shall evaluate activities and monitor the programs and expenditures of CHDO at least annually to determine compliance with the provisions of this Agreement.
14. Records. The CHDO shall maintain and make available to the City of Visalia, HUD, Auditor General, or any of their duly authorized representatives, such records and accounts, including property, personnel, and financial records, the City and /or State and Federal Agencies, deem necessary to assure a proper accounting for all HOME Program funds, on a monthly, quarterly, and annual basis.
15. Insurance and Hold Harmless. CHDO shall carry workers’ compensation insurance in accordance with workers compensation laws of the State of California. CHDO will indemnify City, its officials and employees against and hold them harmless from any and all liability for damages on account of injury to 154
6 persons or damage to property resulting from or arising out of the performance by CHDO of this Agreement and reimburse City, its officials and employees for all costs, expenses and losses incurred by them in consequence of any claims, demands or causes of action which may be brought against them arising out of the performance by CHDO of this Agreement. CHDO shall furnish City with a Certificate of Insurance with combined single limit of at least $1,000,000 for bodily injuries and property damages on each occurrence. The Certificate of Insurance shall state that the contractual liability assumed under this Agreement is covered and shall provide that ten (10) days notice of cancellation or reduction in coverage shall be given to City. Certificates of said coverage shall be filed with City before any work commences.
The City shall not be liable for any and all claims, actions, suits, charges and judgments whatsoever arising out of the performance or nonperformance of the Agreement by the CHDO, its employees, officers, or agents.
The CHDO shall hold harmless, defend, and indemnify the City, its officers, agents, and employees from all such claims, actions, suits, charges, and judgments under this Agreement, including actions resulting from the use or disbursement of the HOME funds.
16. Termination. This Agreement may be terminated by either party for cause by giving thirty (30) days prior written notice to the other. Any funds advanced by City to CHDO and not expended by CHDO shall be returned to City within thirty (30) days after termination of this Agreement. Any funds due CHDO will be forwarded by City to CHDO. City expressly reserves the right to demand of and take actions to collect from CHDO the repayment to City of any funds disbursed to CHDO under this Agreement, which in the judgment of City were not expended in accordance with the terms of this Agreement. CHDO agrees to promptly refund any such funds upon demand.
City may terminate this Agreement at any time if it determines that one or more of the following conditions exist:
a. An illegal or improper use of funds by CHDO
b. CHDO fails to comply with any term or condition of this Agreement. c. CHDO improperly performs any of the services to be performed pursuant to this Agreement.
Upon receipt of notice from City that one or more of the above conditions exist, CHDO shall prepare and submit to City within thirty (30) days a proposal for the correction of all such conditions. In the event CHDO fails to submit such a proposal or otherwise fails to properly perform this Agreement after notification as hereinabove set forth, City may serve CHDO with written notice of termination of this Agreement. In the event of such termination, City shall be liable only for allowable services rendered 155
7 prior to such termination, but in no event shall City be liable for any services that are not performed in accordance with the terms of this Agreement.
17. Federal Funding. This Agreement is entered into in reliance on representation of the Federal Government that the HOME Program will continue to be funded.
Notwithstanding any other provision of this Agreement, City retains the right in its sole discretion and without notice to terminate or reduce the amount payable to CHDO under this Agreement in the event that the Federal Government does not fund the HOME Program in the amount projected at the time this Agreement is executed.
18. Affirmative Marketing. Affirmative marketing steps shall consist of actions to provide information and otherwise attract eligible persons in the housing market to the available housing without regard to race, color, national origin, sex, religion, familial status, or disability.
19. Civil Rights Act. During the performance of this Agreement, the CHDO assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, handicap, under any program or activity funded by this Agreement, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, and all implementing regulations.
20. Section 3 Requirements. The work to be performed under this Agreement is on a project-by-project basis, financed under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992. The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent, per 24 CFR Part 75.
The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 75, and all applicable rules and orders of the Department of Housing and Community Development issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
CHDO will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advertising to the said labor organization or worker’s 156
8 representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
CHDO will include these Section 3 clauses in every contract and subcontract for work in connection with the project and will, at the direction of the State or HUD, take appropriate action pursuant to the contract upon a finding that any Contractor or subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 75 and will not let any contract unless the Contractor or subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 75, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement shall be a condition of the federal financial assistance provided to the project, binding upon CHDO, its successors, and assigns. Failure to fulfill these requirements shall subject CHDO, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 75.
21. Fair Employment and Housing Act. CHDO and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7258.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CHDO and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. CHDO shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.
22. Equal Opportunity in Participation. In conformance with all requirements imposed by or pursuant to 24 CFR 92.350 and other local, state and federal law, no person in the United States shall on the ground of race, color, religion, sex, age, handicap, disability, ancestry, national origin, citizenship status, or any other basis prohibited by applicable law be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with HOME funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
157
9 The CHDO may not directly or through contractual or other arrangements, on the ground of race, color, religion, ancestry, national origin, citizenship status, age, handicap, disability, sex, or any other basis prohibited by applicable law:
A. Deny any facilities, services, financial aid, or other benefits provided under the program or activity.
B. Provide any facilities, services, financial aid, or other benefits which are different, or are provided in a different form from that provided to others under the program or activity.
C. Subject to segregated or separate treatment in any facility in, or in any matter or process related to receipt of any service or benefit under the program or activity.
D. Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity.
E. Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity.
F. Deny an opportunity to participate in a program or activity as an employee.
23. Labor Standards. In the event that CHDO’s project involves construction on more than 12 units under the HOME Program, or more than 8 units under the CDBG Program, and the contract work is more than $2,000, or in the event CHDO is utilizing CDBG funds for non-residential construction purposes and the amount funded is over $2,000, CHDO agrees to comply with and be responsible for all Davis-Bacon wage requirements and applicable HUD Labor Standards.
CHDO further agrees to comply with the Copeland Act (Anti-Kickback Act) in its activities and programs.
24. HOME Subsidy Layering/Match Requirement. CHDO agrees to evaluate projects to ensure that no more than the necessary amount of federal funds is invested in any one project than is necessary in accordance with HUD CDP Notices. CHDO agrees to provide for and comply with HUD match requirements for the HOME Program for all HOME-funded projects at a rate of twenty-five percent (25%) match for every dollar of HOME funds used for projects. CHDO agrees to provide a narrative summary of match requirements on an annual basis to City. 158
10 25. Environmental Requirements. CHDO agrees to comply with the environmental review requirements in 24 CFR Part 58.35; Executive Order 11988 relating to the evaluation of flood hazards; Executive Order 11288 relating to the prevention, control, and abatement of water pollution; and Section 102(a) of the Flood Disaster Protection Act of 1973 in the implementation of CHDO activities.
26. Acquisition and Relocation Requirements. CHDO agrees to comply with the acquisition and relocation requirements in Section 104(D) and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 in accordance with HUD/CPD Handbook 1378.
27. Lobbying Restrictions. CHDO agrees, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any City, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any City, a Member of congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
It will require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly.
28. Other Provisions. CHDO further agrees to comply with Subpart K of 24 CFR 570 (pertaining to affirmatively furthering fair housing, lead-based paint, flood mitigation, conflict of interest, and other administrative policies) attached hereto as Exhibit C; 24 CFR 85 (“Common Rule”) and 2 CFR Part 200 (pertaining to Uniform Administrative Requirements); Federal 2 CFR Part 230 (OMB Circular A-122 Accounting principles for non-profit organizations); Federal OMB Circular A-110 (financial principles); Section 109 of the Housing and Community Development Act of 1974 (regarding non-discrimination) and the regulations issued pursuant thereto; Section 3 of the Housing and Urban Development Act of 1968 (regarding fair housing and equal opportunity), as amended; Executive Order 11063, as amended by Executive Order 12259 and implementing 159
11 regulations at 24 CFR Part 107 (regarding equal opportunity in housing); Section 504 of the Rehabilitation Act of 1973 (regarding affirmative action for handicapped workers, as amended and implementing regulations; the Age Discrimination Act of 1975 as amended and implementing regulations; Title VII, Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968 as amended; Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations at 41 CFR Chapter 60 (pertaining to special equal opportunity provisions) the affirmative marketing non-discrimination and minority and women’s outreach requirements contained in 24 CFR 92.350 and
92.351 and Executive Orders 11625, 12138, and 12432 related thereto.; and all other applicable federal and state regulations pertaining to the use of HOME or CDBG funds. CHDO hereby acknowledges receipt and understanding of the regulations noted above.
29. Independent Contractor. CHDO and its officers, employees and agents shall act at all times in an independent capacity during the time of this Agreement, and shall not act as and shall not be, nor shall they in any manner be construed to be, agents, officers or employees of the City of Visalia.
30. Severability. Each paragraph and provision of this Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect.
31. Provisions Required By Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction.
32. Religious Organizations. In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of services and programs with HOME and/or CDBG funds, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, GRANTEE:
A. Represents that it is, or may be deemed to be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denomination institution or organization; B. Agrees that, in connection with such services and programs:
1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment 160
12 or give preference in employment to persons on the basis of religion;
2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion;
3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such services or programs;
4. The portion of a facility used to provide services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations.
33. Authority to Enter into Agreement:
A. CDHO: CDHO is a corporation duly formed under the laws of the State of California with full power to enter into this Agreement and is duly qualified to transact business in California. The execution and delivery of this Agreement by CDHO has been duly authorized and approved by all corporate action.
B. CITY: City is municipal corporation of the State of California, charter law city organizes and existing pursuant to the laws of the State of California, public body of corporate and politic duly formed with full power to enter into this Agreement and is duly qualified to transact business in California. The execution and delivery of this Agreement by CITY has been duly authorized and approved by all legislative action.
34. Further Action. The Parties agree to perform all further acts, and to execute, acknowledge, and deliver any documents that may be reasonable necessary, appropriate or desirable to carry out the purposes of this Agreement.
35. Waiver. A waiver of any breach of this Agreement by any Party shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other provision of this Agreement.
36. Choice of Laws. This Agreement shall be governed by the laws of the State of California and any questions arising hereunder shall be construed or determined according to such law. Venue for the legal action arising from or in connection with this Agreement shall be in Tulare County, California.
37. Attorney’s Fees. In the event either party commences any action for the enforcement of this Agreement, the prevailing party shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon. 161
13 38. Construction. This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.
39. Headings. Headings at the beginning of each numbered Section of this Agreement are solely for the convenience of the Parties and are not a part of this Agreement.
40. Entire Agreement/Amendment. This Agreement and items incorporated herein contain all of the agreements of the Parties hereto with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions hereof may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized representatives of each of the Parties hereto, except that any modifications which relate to the adjustment of time limitations or the form of documents may be made by joint agreement of the Parties.
WHEREFORE, the parties have executed this Agreement on the date first set above.
Community Housing Development Organization “CHDO”
SELF HELP ENTERPRISES
By:______________________________________
Tom Collishaw, CEO
By:______________________________________
Betsy McGovern-Garcia, Secretary
THE CITY OF VISALIA
By:______________________________________
Leslie Caviglia, City Manager
By:______________________________________
Attest
Approved as to form:
By: ___________________________ By: ____________________________ City Attorney Counsel for SHE
162
14 Exhibit “A”
Description of Programs and Services to be Provided
The City will contract with a Visalia approved Community Housing Development Organization (“CHDO”) for the multi-family housing development within the City of Visalia city limits.
Services to be provided:
1. CHDO will develop mulit-family housing to benefit low-income families.
2. CHDO agrees to analyze each property that is subject to purchase as follows:
a. CHDO will research the minimum bid for property.
b. CHDO will estimate costs for infill of the property. c. CHDO will estimate closing costs.
d. CHDO will research tax liens and any other liens that exist on the property.
e. CHDO will research the market values for comparable property sales in the area.
f. CHDO will analyze each project to ensure that the City will realize a return on its investment for the project.
3. CHDO will sign a Promissory Note and Deed of Trust for each property purchased.
4. CHDO will oversee the development of the property.
5. CHDO will oversee the purchase of the property thought the escrow process.
6. CHDO will return to the City the residual receipts amount on the sale of each property after all costs have been paid.
7. CHDO will ensure that the property will benefit families that are at or below 60% median income and comply with all other HUD and HOME Program requirements.
8. HOME regulations are subject to change and reinterpretation by HUD. The CHDO agrees to abide by any interpretations of the HOME regulations by HUD, even if HUD applies such interpretations retroactively.
9. CHDO will provide such reports on a monthly basis to the City of Visalia in order to comply with all HUD and City reporting requirements. 163
15 “Exhibit B”
Form of Promissory Note
$________________
____________(Date)
Visalia, California
FOR VALUE RECEIVED, SELF HELP ENTERPRISES, a California 501(c)3 nonprofit corporation, (the "Maker"), having a physical address of _________________________________________, Visalia, California, 932__ and a mailing address of _____________________________________, Visalia, CA 932__, promises to pay THE CITY OF VISALIA ("Payee"), the principal sum of _____________________________________, or so much of such principal as may be advanced (the "Loan").
1. The Loan. This Loan is made pursuant to that certain Agreement and Declaration of Restrictive Covenants (the "Loan Agreement") among Maker and Payee dated _________________, 2023. The Loan will be used by Maker for the development of that certain real property identified generally as
___________________________________________, STATE OF CALIFORNIA, as more particularly and legally described in the Loan Agreement (the "Property").
2. Security. Payment of this Note is secured by a deed of trust and assignment of rents (the "Deed of Trust") from Maker to Payee upon the Property.
3. Project. Maker will or has constructed a __________________ affordable housing project (the "Project") as described in the Loan Agreement.
4. Maturity Date. This Note shall be forgiven at the rate of 1/30th per year and shall only become due and payable upon failure to comply with the terms and conditions of the Loan Agreement. Upon such occurrence, any amount due and owing on the Loan which has not been forgiven shall be due and payable to Payee. To the extent there are residual receipts from the Project, Maker shall pay 100% of the residual receipts to Payee on an annual basis.
5. Payment. Any payment which becomes due shall be made in lawful money of the United States to Payee c/o the City of Visalia, 707 W. Acequia Avenue, Visalia, California 93291. The place of payment may be changed from time to time as the Payee may from time to time designate in writing.
6. Default. The occurrence of any of the following shall constitute an event of default under this Note: (i) Maker fails to pay any amount due hereunder within 15 days of its due date; or (ii) Any default by Maker under the Deed of Trust, or the 164
16 Agreement and Declaration of Restrictive Covenants recorded against the Property and failure to cure as described in the Agreement and Declaration of Restrictive Covenants.
Upon the occurrence of any event of default, or at any time thereafter, at the option of the Payee hereof, the entire unpaid principal owing on this Note shall become immediately due and payable. This option may be exercised at any time following any such event. Payee's failure to exercise such option shall not constitute a waiver of such option with respect to any subsequent event. Payee's failure in the exercise of any other right or remedy hereunder or under any agreement which secures the indebtedness or is related thereto shall not affect any right or remedy and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof.
7. Default Interest Rate. At all times when Maker is in default hereunder by reason of Maker's failure to pay principal due under this Note or any amounts due under any loan documents securing this Note, the interest rate on the sums as to which Maker is in default (including principal, if Payee has elected to declare it immediately due and payable), shall be the lower of the highest rate then allowed by law or five percent over the prime interest rate announced by Wells Fargo Bank, N.A., as of the date of the default.
8. Waivers. Maker and any endorsers hereof and all others who may become liable for all or any part of this obligation, severally waive presentment for payment, demand and protest and notice of protest, and of dishonor and nonpayment of this Note, and expressly consent to any extension of the time of payment hereof , to the release of any party liable for this obligation, and any such extension or release may be made without notice to any of said parties and without any way affecting or discharging this liability.
9. Costs. Maker agrees to pay immediately upon demand all costs and expenses of Payee including reasonable attorneys' fees, (i) if after default this Note be placed in the hands of an attorney or attorneys for collection, (ii) if after a default hereunder or under the Deed of Trust, Loan Agreement or under any loan document referred to herein Payee finds it necessary or desirable to secure the services or advice of one or more attorneys with regard to collection of this Note against Maker, any guarantor or any other party liable therefore or to the protection of its rights under this Note, the Deed of Trust, the Loan Agreement or other loan document, or (iii) if Payee seeks to have the Property abandoned by or reclaimed from any estate in bankruptcy, or attempts to have any stay or injunction prohibiting the enforcement or collection of the Note or prohibiting the enforcement of the Deed of Trust or any other agreement evidencing or securing this Note lifted by any bankruptcy or other court.
If Payee shall be made a party to or shall reasonably intervene in any action or proceeding, whether in court or before any governmental agency, affecting the Property or the title thereto or the interest of the Payee under the Deed of Trust, including, without limitation, any form of condemnation or eminent domain proceeding, Payee shall be reimbursed by Maker immediately upon demand for all reasonable costs, 165
17 charges and attorneys' fees incurred by Payee in any such case, and the same shall be secured by the Deed of Trust as a further charge and lien upon the Property.
10. Notices. Any notices provided for in this Note shall be given by mailing such notice by certified mail, return receipt requested at the address stated in this Note or at such address as either party may designate by written notice.
11. Successors. This Note shall be binding upon Maker, its successors, and assigns.
12. California Law. This Note shall be construed in accordance with and be governed by the laws of the State of California.
13. Severability. If any provision of this Note shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
14. Nonrecourse. In any action brought to enforce the obligations of Maker under this Note, the Deed of Trust or any other instrument or agreement evidencing, securing or relating to the indebtedness evidenced by this Note, the judgment or decree shall be enforceable against Maker only to the extent of its interest in the Property described in the Deed of Trust or its interest in any other security pledged by Maker as security for this Note, and Payee shall not seek any deficiency judgment against the Maker. The foregoing provisions shall not prevent recourse to the collateral security for the loan or constitute a waiver, release or discharge of or otherwise affect the obligation to pay, any indebtedness evidenced by the loan documents or limit the right of any person to name the Maker or any other person claiming an interest in or right to such collateral as party defendant in any action or suit for judicial foreclosure or in the exercise of any other remedy, including injunctive or other equitable relief, under any of the loan documents so long as no deficiency judgment shall be sought against the Maker.
The foregoing limitation shall not apply to any and all loss, damage, liability, action, cause of action, cost or expense (including without limitation, reasonable attorneys' fees and expenses) incurred by Payee as a result of any (i) fraud or material misrepresentation under or in connection with the loan or any loan document; (ii) intentional bad faith waste of the Property; (iii) losses resulting from Maker's failure to maintain insurance as required under the Deed of Trust; or (iv) misappropriation of any rents, security deposits, insurance proceeds, condemnation awards or any other proceeds derived from the collateral security. If any of the events listed in the foregoing (i) through (iv) occurs, Payee shall have the right to proceed directly against Maker at the time the event giving rise to the recourse liability occurred to recover any and all loss, damage, liability, action, cause of action, cost or expense (including without limitation, reasonable attorneys' fees and expenses) incurred by Payee. 166
18 MAKER:
, 2023 Self Help Enterprises
By:
Its:
167
19 “Exhibit C”
Form of Deed of Trust
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Visalia
Attn.: Real Estate Department
315 East Acequia Street
Visalia, CA 93291
(Space above this line for Recorder's use)
DEED OF TRUST, ASSIGNMENT OF RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
THIS DEED OF TRUST is being executed this, __day of , 2023, by the SELF HELP ENTERPRISES, a California non-profit corporation ("Trustor"), to _______________________________ (the "Trustee"), in favor of THE CITY OF VISALIA (the "Beneficiary").
Trustor is the fee owner of the real property (the "property") described in the attached Exhibit A, which is incorporated into this Deed of Trust by reference.
Trustor executes this Deed of Trust in consideration of a loan being made by Beneficiary to Trustor (the "Loan"). The Loan is evidenced by a promissory note dated ________________ herewith in the principal amount of _______________________ executed by Trustor in favor of Beneficiary (the "Note").
In consideration of the Loan, Trustor hereby irrevocably grants, conveys, transfers and assigns to the Trustee, its successors and assigns, in trust, with power of sale and right of entry and possession as provided below, all of their present and future estate, right, title and interest in and to the following described property (the "Property" or the "Premises"):
(A) All of Trustor's estate, right, title and interest in and to the property, and all minerals, oil, gas and other hydrocarbon substances on the property, as well as all Project rights, air rights, water, water rights, and water stock relating to the Property;
(B) All present and future structures, buildings, improvements, appurtenances and fixtures of any kind on the Property, including but not limited to all apparatus, equipment and appliances used in connection with the operation or occupancy of the Property, such as fire sprinklers and alarm systems, heating and air-conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, 168
20 laundry, drying, dishwashing, garbage disposal, stoves, recreation or other services on the property, and all window coverings, drapes and rods, carpeting and floor coverings, it being intended and agreed that all such items will be conclusively considered to be a part of the real property conveyed by this Deed of Trust, whether or not attached or affixed to the Property (the "Improvements");
(C) All appurtenances of the property and all rights of the Trustor in and to any streets, roads or public places, easements or rights-of-way, relating to the Property;
(D) All of the rents, royalties, profits and income of the Property, and all rights of Trustor under all present and future leases affecting the Property, including but not limited to any security deposits;
(E) All proceeds and claims arising on account of any damage to or taking of the Property or any Improvements thereon or any part thereof, and all causes of action and recoveries for any loss or diminution in the value of the Property or any Improvements;
(F) All goods located on the Property and used in the operation or occupancy of the Property or in any construction on the Property but which are not effectively made real property under Clause (B) above, including but not limited to all appliances, furniture and furnishings, building service equipment, and building materials, supplies and equipment;
(G) All general intangibles relating to the Project or use of the Property, including but not limited to all governmental permits relating to construction on the Property, all names under or by which the Property or any Improvements on the Property may at any time be operated or known, and all rights to carry on business under any such names or any variant thereof, and all trademarks and goodwill in any way relating to the property; and
(H) All water stock relating to the Property, all shares of stock or other evidence of ownership of any part of the Property that is owned by the Trustor in common with others, and all documents of membership in any owners' or members' association or similar group having responsibility for managing or operating any part of the Property.
This instrument secures:
(1) The payment and performance of the Trustor's indebtedness and obligations under the Note including all extensions, renewals, modifications, amendments and replacements of the Note;
(2) The payment and performance of the Trustor's obligations under this Deed of Trust;
169
21 (3) The payment of all sums advanced or paid out by the Beneficiary or the Trustee under or pursuant to any provision of this Deed of Trust, together with interest thereon as provided herein;
(4) The payment of the principal and interest on all other future loans or advances made by the Beneficiary to the Trustor (or any successor in interest to the Trustor as the owner of all or any part of the Property) when the promissory note evidencing the loan or advance specifically states that it is secured by this Deed of Trust ("Future Advances"), including all extensions, renewals, modifications, amendments and replacements of any Future Advances; (5) The payment and performance of the Trustor's obligations under the Agreement and Declaration of Restrictive Covenants executed by Trustor, dated (the "Declaration");
(6) The payment and performance of each and every obligation, covenant, and agreement of Trustor contained under all other present and future agreements executed by Trustor in favor of Beneficiary and relating to the Note or the Loan, including without limitation, the Loan Agreement executed among Trustor and Beneficiary (as such documents may be amended, modified or supplemented from time to time, the "Related Documents").
This Deed of Trust, the Note, the Declaration, the Related Documents and any other instrument given to evidence or further secure the payment and performance of any obligation secured hereby may hereafter be referred to as the "Loan Documents".
ARTICLE I
COVENANTS OF TRUSTOR
To protect the security of this Deed of Trust, the Trustor agrees as follows:
1.01 Performance. Trustor will pay and perform all indebtedness and obligations that are secured by this Deed of Trust in accordance with their terms. All sums payable by Trustor hereunder shall be paid without notice, demand, counterclaim, offset, deduction, or defense.
1.02 Insurance. Trustor will maintain, or cause to be maintained, in force on the Property (a) hazard insurance against loss or damage to the Improvements and Personal Property by fire and any of the risks covered by "fire and extended coverage" insurance, (b) commercial general liability insurance, (c) such other insurance, and in such amounts, as may from time to time be reasonably required by Beneficiary against the same or other hazards, including without limitation flood insurance, and (d) any other insurance required by law. The insurance policies must be satisfactory to the Beneficiary as to amount, form, deductibles, and insurer, and must cover all risks Beneficiary reasonably requires. With respect to public liability insurance, Beneficiary shall be named as an additional insured, and as to Beneficiary such insurance shall be primary and noncontributing in the event of loss with any other insurance Beneficiary may carry. 170
22 Subject to the rights of the senior lender, the hazard insurance policy must contain a standard mortgagee clause satisfactory to the Beneficiary making all losses payable to the Beneficiary. All such insurance policies may only be canceled or modified upon not less than 30 days prior written notice to the Beneficiary. Certificates of all such insurance satisfactory to the Beneficiary and at the request of Beneficiary, such insurance policies, together with receipts for the payment of premiums, are to be delivered to and held by the Beneficiary. Certificates of all renewal and replacement policies must be delivered to the Beneficiary at least 15 days before expiration of the old policies. Approval, disapproval or acceptance of any insurance by the Beneficiary will not be a representation of the solvency of any insurer, the sufficiency of any amount of insurance or the form or legal sufficiency of any insurance contracts, and Trustor hereby expressly assumes full responsibility for and liability, if any, with respect thereto.
1.03 Proceeds. Subject to the rights of the senior lender, all insurance proceeds on the Property, and all causes of action, claims, compensation, awards and recoveries for any damage, condemnation or taking of all or any part of the Property or for any damage or injury to it or for any loss or diminution in value of the Property, are hereby assigned to and shall be paid to the Beneficiary. Trustor, upon obtaining knowledge of the institution of any such proceedings or of any damage to the Property, will immediately notify the Beneficiary in writing. The Beneficiary may participate in any suits or proceedings relating to any such proceeds, causes of action, claims, compensation, awards, or recoveries and may make any compromise or settlement thereof and may join with Trustor in adjusting any loss covered by insurance. The Beneficiary will apply any sums received by it under this paragraph first to the payment of all of its costs and expenses (including but not limited to legal fees and disbursements) incurred in obtaining those sums, and then, in its absolute discretion (subject to the following paragraph) and without regard to the adequacy of its security, to the payment of the indebtedness and obligations secured by this Deed of Trust or to Trustor for restoration or repair of the Property. Any application of such amounts or any portion thereof to the indebtedness secured hereby shall not be construed to cure or waive any default or notice of default hereunder or invalidate any act done pursuant to any such notice or default.
In the event Trustor is not in default hereunder and the following conditions are satisfied, Beneficiary shall make such remaining proceeds available to Trustor to restore the Property: (i) the Beneficiary shall be furnished with an estimate for its approval of the cost of restoration or repair accompanied by an architect's certification as to such costs and appropriate final plans and specifications for reconstruction of the improvements for approval by the Beneficiary; (ii) the improvements so restored or repaired shall be of substantially the same character and value as the improvements prior to damage or destruction and proper for the purposes for which they were originally erected; (iii) Trustor shall proceed forthwith with the completion of construction of the improvements, including the necessary work of restoration, in accordance with plans, specifications and drawings submitted to and approved by the Beneficiary; (iv) any monies which the Beneficiary makes available for restoration shall be disbursed in accordance with standard construction lending practice or in any other manner approved by the Beneficiary; (v) Trustor shall furnish the beneficiary with evidence satisfactory to the Beneficiary that all improvements so restored and/or repaired and their contemplated 171
23 use fully comply with all zoning, environmental and building laws, ordinances and regulations, and with all other applicable federal, state and municipal laws and requirements; and (vi) if the estimated costs of reconstruction shall exceed the proceeds available, Trustor shall furnish a satisfactory bond of completion or such cash deposits or other evidence satisfactory to the Beneficiary of Trustor's ability to meet such excess costs.
1.04 Payment of Taxes and Claims. Trustor agree to pay when due all taxes and assessments which are or may become a lien on the Property and any bonds, fees, liens, charges, fines, impositions and other items which are attributable to or which are assessed against the Property or its rents, royalties, profits and income ("Taxes"). Trustor also agrees to pay when due all lawful claims and demands of mechanics, materialmen, laborers and others for any work performed or materials delivered for the Property ("Claims").
Trustor, at its expense, may contest, by appropriate proceedings conducted in good faith and with due diligence, the amount or validity, in whole or in part, of any Taxes or Claims, provided (i) Trustor shall have notified Beneficiary prior to the commencement of such proceedings, (ii) in the case of any unpaid Taxes or Claims, such proceedings shall suspend the collection thereof from Trustor, Beneficiary and the Property, and shall not constitute a presently enforceable lien against the Property during the pendency of such contest, (iii) neither the Property nor any part thereof nor any interest therein will be in danger of being sold, forfeited, terminated, canceled or lost, (iv) such proceedings shall not have an adverse effect on the lien or security interest created hereby or upon the enforcement of any provisions of the Loan Documents, and (v) if Beneficiary shall so require, Trustor shall have deposited with Beneficiary such security reasonably necessary for payment of the contested Taxes or Claims, with interest and penalties and Beneficiary's expenses.
1.05 Impounds. Beneficiary may, at its option to be exercised prior to or upon the recordation of this Deed of Trust or thereafter upon 30 days' written notice to Trustor, require the deposit with Beneficiary or its designee by Trustor, at the time of each payment of an installment of interest, if any, or principal under the Note, of an additional amount sufficient to discharge the obligations of Trustor under Sections 1.02 and 1.04 hereof as and when they become due. The determination of the amount payable and of the fractional part thereof to be deposited with Beneficiary shall be made by Beneficiary in its sole discretion. Said amounts shall not be considered to be held by Beneficiary or its designee in trust nor as agent of Trustor, shall bear interest at the rate of interest customarily paid by Beneficiary, and shall be applied to the payment of the obligations in respect of which the amounts were deposited or, at the option of Beneficiary, to the payment of said obligations in such order or priority as Beneficiary shall determine. If at any time within 30 days prior to the due date of any of the aforementioned obligations the amounts then on deposit therefore shall be insufficient for the payment of such obligation in full, Trustor shall, within 10 days after demand, deposit the amount of the deficiency with Beneficiary. If the amounts deposited are in excess of the actual obligations for which they were deposited, Beneficiary may refund any such excess, or, at its option, may hold the same in a reserve account, not in trust and bearing interest, and reduce 172
24 proportionately the required monthly deposits for the ensuing year. Nothing herein contained shall be deemed to affect any right or remedy of Beneficiary under any other provision of this Deed of Trust or under any statute or rule of law to pay any such amount and to add the amount so paid to the indebtedness hereby secured.
All amounts so deposited shall be held by Beneficiary or its designee as additional security for the sums secured by this Deed of Trust, and upon the occurrence of a default hereunder Beneficiary may, in its sole and absolute discretion, and without regard to the adequacy of its security hereunder in the event of a monetary default or nonmonetary default if the Beneficiary elects to accelerate the Loan, apply such amounts or any portion thereof to any part of the indebtedness secured hereby. Any such application of said amounts or any portion thereof to any indebtedness secured hereby shall not be construed to cure or waive any default or notice of default hereunder or invalidate any act done pursuant to any such default or notice.
To the extent Beneficiary requires deposits to be made pursuant to this Section, Trustor shall deliver to Beneficiary all tax bills, bond and assessment statements, statements of insurance premiums, and statements for any other obligations referred to above as soon as the same are received by Trustor.
If Beneficiary sells or assigns this Deed of Trust, Beneficiary shall have the right to transfer all amounts deposited under this Section to the purchaser or assignee, and Beneficiary shall thereupon be released and have no further liability hereunder for the application of such deposits, and Trustor shall look solely to such purchaser or assignee for such application and for all responsibility relating to such deposits.
1.06 Security Agreement. This Deed of Trust constitutes a security agreement with respect to all personal property and fixtures in which the Beneficiary is granted a security interest hereunder, and the Beneficiary shall have all of the rights and remedies of a secured party under the California Uniform Commercial Code as well as all other rights and remedies available at law or in equity. Trustor hereby agrees to execute and deliver on demand and hereby irrevocably constitutes and appoints Beneficiary the attorney-in-fact of Trustor, to execute, deliver and, if appropriate, to file with the appropriate filing officer or office such security agreements, financing statements, continuation statements or other instruments as the Beneficiary may request or require in order to impose, perfect or continue the perfection of, the lien or security interest created hereby. Upon the occurrence of any default hereunder, the Beneficiary shall have the right to cause any of the Property which is personal property and subject to the security interest of the Beneficiary hereunder ("Personal Property") to be sold at any one or more public or private sales in any manner permitted by applicable law, and the Beneficiary shall further have all other rights and remedies, whether at law, in equity, or by statute, as are available to secured creditors under applicable law. Any such disposition may be conducted by an employee or agent of the Beneficiary or the Trustee. Any person, including both the Trustor and the Beneficiary, shall be eligible to purchase any part or all of such property at any such disposition.
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25 Expenses of retaking, holding, preparing for sale, selling or the like shall be borne by Trustor and shall include the Beneficiary's and the Trustee's reasonable attorneys' fees and legal expenses. Trustor, upon demand of the Beneficiary, shall assemble the Personal Property and make it available to the Beneficiary at the property, a place which is hereby deemed to be reasonably convenient to the Beneficiary. The Beneficiary shall give Trustor at least 5 days' prior written notice of the time and place of any public sale or other disposition of such property or of the time of or after which any private sale or any other intended disposition is to be made, and if such notice is sent to Trustor, as the same is provided for the mailing of notices herein, it is hereby deemed that such notice shall be and is reasonable notice to Trustor.
Trustor hereby warrants, represents and covenants as follows:
(a) Trustor is, and as to portions of the Personal Property to be acquired after the date hereof will be, the sole owner of the Personal Property (except that Trustor may lease Personal Property which is immaterial in value and merely incidental to the operation of the Property), subject to any senior adverse lien, security interest, encumbrance or adverse claims thereon of any kind whatsoever as approved by Beneficiary. Trustor will notify Beneficiary of, and will defend the Personal Property against, all claims and demands of all persons at any time claiming the same or any interest therein.
(b) Trustor will not lease, sell, convey or in any manner transfer the Personal Property, without the prior written consent of Beneficiary, except for transfers as described in clause (d) below.
(c) The Personal Property is not used or bought for personal, family or household purposes of Trustor.
(d) The Personal Property will be kept on or at the Property and Trustor will not remove the Personal Property from the Property without the prior written consent of Beneficiary, except such portions or items of Personal Property which are consumed or worn out in ordinary usage, all of which shall be promptly replaced by Trustor with new items of equal or greater quality and value. (e) Trustor maintains a place of business in the State of California and Trustor will immediately notify Beneficiary in writing of any change in its place of business.
(f) Trustor will execute and deliver to the Beneficiary on demand, and at Trustor's cost and expense, any documents required to perfect and continue the perfection of the Beneficiary's security interest in the personal property of Trustor granted by this instrument.
1.07 Assignment of Rents. All of the existing and future rents, royalties, income and profits of the Property that arise from its use or occupancy are hereby absolutely and presently assigned to the Beneficiary. Trustor irrevocably appoints Beneficiary its true and lawful attorney-in-fact at the option of Beneficiary at any time 174
26 and from time to time to demand, receive and enforce payment, give receipts or releases and sue in the name of Trustor or Beneficiary for all such rents, royalties, incomes and profits. However, until Trustor is in default under this Deed of Trust, Trustor will have a license to demand, receive and enforce payment, give receipts or releases and sue in the name of Trustor for all such rents, royalties, income and profits. Upon any default by Trustor under any of the Loan Documents and the expiration of applicable cure periods the Beneficiary may terminate Trustor's license in its discretion at any time without notice to Trustor and may thereafter collect the rents, royalties, income and profits itself or by an agent or receiver. No action taken by the Beneficiary to collect any rents, royalties, income or profits will make the Beneficiary a "mortgagee-in-possession" of the Property, unless the Beneficiary personally or by agent enters into actual possession of the Property. Possession by a court-appointed receiver will not be considered possession by the Beneficiary. All rents, royalties, income and profits collected by the Beneficiary or a receiver will be applied first to pay all expenses of collection, and then to the payment of all costs of operation and management of the Property, and then to the payment of the indebtedness and obligations secured by this Deed of Trust in whatever order the Beneficiary directs in its absolute discretion and without regard to the adequacy of its security.
1.08 Acceleration. If the Property or any part thereof or beneficial interest therein or any interest of Trustor is sold, assigned, transferred, conveyed, encumbered or full possessory rights therein transferred, conveyed or encumbered, in either or any case without the prior written consent of Beneficiary other than leases to tenants, such event shall constitute a default under this Deed of Trust and Beneficiary, at its option, may declare the Note and all other obligations hereunder to be immediately due and payable, and Beneficiary may invoke any remedies following such acceleration as are permitted by this Deed of Trust or at law or in equity.
1.09 Maintenance.
(a) Trustor will not commit any waste on the Property or take any actions that might invalidate any insurance carried on the Property. Trustor will maintain the Property in good condition and repair and will complete or restore and repair promptly and in a good and workmanlike manner any building, structure, or improvement which may be constructed, damaged or destroyed thereon, whether or not insurance or other proceeds are available to cover in whole or in part the cost of any such completion, restoration or repair. No Improvements may be removed, demolished or materially altered except for purposes of replacement valued at less than TEN THOUSAND DOLLARS ($10,000.00) without the prior written consent of the Beneficiary. (b) Without the prior written consent of the Beneficiary, Trustor will not seek, make or consent to any change in the zoning or nature of occupancy or conditions of use of all or any part of the Property to the extent the same was not intended by the Beneficiary at the time this Deed of Trust was delivered. 175
27 (c) Trustor shall comply with all applicable laws, orders, ordinances, regulations, restrictions and requirements of all governmental authorities affecting the Property and the use thereof, including, without limitation, those relating to hazardous substances, pollution, or protection of the environment. Trustor will comply with and make all payments required under the provisions of any covenants, conditions or restrictions affecting the Property, including but not limited to those contained in any declaration and constituent documents of any condominium, cooperative or planned Project on the Property.
1.10 Records. Trustor will keep adequate books and records of account of the Property and its own financial affairs sufficient to permit the preparation of financial statements therefrom in accordance with generally accepted accounting principles. The Beneficiary will have the right to examine, copy and audit Trustor's records and books of account at all reasonable times.
1.11 Defense. Trustor will, at its own expense, appear in and defend any action or proceeding that might affect the Beneficiary's security or the rights or powers of the Beneficiary or the Trustee or that purports to affect any of the Property. If Trustor fails to perform any of its covenants or agreements contained in this Deed of Trust after the expiration of any applicable cure period, or if any action or proceeding of any kind (including but not limited to any bankruptcy, insolvency, arrangement, reorganization or other debtor relief proceeding) is commenced which might affect the Beneficiary's or the Trustee's interest in the Property or the Beneficiary's right to enforce its security, then the Beneficiary and/or the Trustee may, at their option, but without obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereunder, make any appearances, disburse any sums and take any actions as may be deemed necessary or desirable to the Trustee or the Beneficiary to protect or enforce the security of this Deed of Trust or to remedy the failure of Trustor to perform its covenants (without, however, waiving any default of Trustor), including but not limited to disbursement of reasonable attorneys' fees, entry upon the Property to make repairs or to take other action to protect the security hereof, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of the Beneficiary or the Trustee appears to be prior or superior hereto. Trustor agrees to pay all reasonable out-of-pocket expenses of the Beneficiary and the Trustee thus incurred (including but not limited to fees and disbursements of counsel). Any sums so disbursed or advanced by the Beneficiary or the Trustee will be additional indebtedness of the Trustor secured by this Deed of Trust and will be payable by Trustor upon demand. Any such sums so disbursed or advanced will bear interest at 10% per annum, provided that any such sums so disbursed or advanced by the Trustee will not bear interest in excess of the maximum rate permitted to be charged by the Trustee under applicable law. This paragraph will not be construed to require the Beneficiary or the Trustee to incur any expenses, make any appearances, or take any actions.
1.12 Financing Statement. This Deed of Trust constitutes a financing statement filed as a fixture filing in the Official Records of the County Recorder of the County of Tulare with respect to any and all fixtures included within the term "Property" as used 176
28 herein and with respect to any goods or other personal property that may now be or hereafter become such fixtures.
1.13 Indemnity. In addition to any other indemnities to Beneficiary specifically provided for in this Deed of Trust, Trustor shall defend, with counsel reasonably satisfactory to Beneficiary, protect, indemnify and save harmless Beneficiary from and against any and all losses, liabilities, obligations, claims, damages, fines, penalties, causes of action, costs and expenses (including, without limitation, attorneys' fees and expenses), excepting those resulting from the gross negligence or willful misconduct of Beneficiary, imposed upon or incurred by or asserted against Beneficiary by reason of (a) Beneficiary's interest in the Property or receipt of any rents or other sum therefrom, including without limitation any income (excluding only federal, state, and local income tax, and California franchise tax), license, business or excess profits tax payable by Beneficiary and determined on the basis of the Rents or the revenues from the Note or this Deed of Trust, (b) any accident, injury to or death or a person or persons or loss of or damage to property occurring on or about or with respect to the Property or any part thereof or the adjoining sidewalks, curbs, vaults and vault space (if any), streets or ways, (c) any use, non-use, misuse, possession, occupation, alteration, operation, maintenance, management or condition (including, without limitation, the location of any hazardous substance thereon) of the Property or any part thereof, or of the adjoining sidewalks, curbs, streets, ways, vaults and vault space (if any), (d) any failure on the part of Trustor to perform or observe any of its agreements or obligations under this Deed of Trust or the Loan Documents, provided that the exclusive indemnification obligations of Trustor with respect to any Claims (as such term is defined in Section 1.14(e) below) are set forth in Section 1.14(e) hereof, (e) any failure on the part of Trustor to comply with any law, regulation, ordinance, or requirement of any governmental body applicable to the Property, (f) the performance of any labor or service or the furnishing of any material or other property in respect of the Property or any part thereof, and (g) any negligence (to the extent that proceeds from any insurance actually maintained by Beneficiary do not cover the loss caused thereby) or willful act or omission on the part of Trustor. All amounts payable to Beneficiary under this Section which are not paid within ten days after written demand therefore by Beneficiary shall bear interest from the date of such demand.
1.14 Environmental Matters.
(a) Trustor hereby represents and warrants to Beneficiary as follows. (i) To its best knowledge, the Property has not previously been used as a landfill. Neither Trustor, nor to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials (as hereinafter defined) to be released or disposed of, on, under or at the Property or any part thereof, and neither the Property, nor any part thereof, has ever been used (whether by Trustor or by any other person) for activities involving, directly or indirectly, the storage, release or disposal of any Hazardous Materials. Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted to be incorporated 177
29 into any Improvements located on the Property any asbestos in any form, any urea formaldehyde foam insulation, or any transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls in excess of 50 parts per million or any other Hazardous Materials. Trustor has received no notice from the California Department of Health Services that the Property is, or is proposed or threatened to become, classified as "border-zone property" under the provisions of California Health and Safety Code Section 25220, et seq. or any regulation adopted in accordance therewith. Trustor has received no notice from the California Department of Health Services, and no other person has reported to Trustor, that any occurrence or condition exists on real property adjoining or within 2,000 feet of the Property that could cause the Property to be subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any federal, state or local law, code, statute, ordinance, rule, regulation, rule of common law or guideline relating to Hazardous Materials now or hereafter enacted or promulgated (collectively, and including, without limitation, any such laws which require notice of the use, presence, storage, generation, disposal or release of any Hazardous Materials to be provided to any party, "Hazardous Materials Laws"). No litigation, administrative enforcement actions or proceedings have been brought or threatened against Trustor or, to the best knowledge of Trustor, any other person, nor have any settlements been reached by or with any party or parties, public or private, alleging the presence, disposal, release or threatened release of any Hazardous Materials on, from or under any of the Property. (ii) As used herein, the term "Hazardous Materials" means and includes any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances (excluding herefrom any chemicals, materials or substances which are necessary to and typically required for the construction and operation of a multi-family housing project) , exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Property or of property adjacent to the Property, including, but not limited to, asbestos, PCBs, petroleum products and by-products, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (California Government Code Section 66700, et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. Section 6901, et seq.), Section 25117 or Section 25316 of the California Health & Safety Code; and any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, 178
30 law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material; or any substances or mixture regulated under the Toxic Substance Control Act of 1976, as now or hereafter amended (15 U.S.C. Section 2601, et seq.); and any "toxic pollutant" under the Clean Water Act, as now or hereafter amended (33 U.S.C. Section 1251, et seq.); and any hazardous air pollutant under the Clean Air Act, as now or hereafter amended (42 U.S.C. Section 7901, et seq.).
(iii) Trustor has obtained, or will obtain, all certificates, permits, licenses, approvals and authorizations necessary for the lawful construction, occupancy, use and operation of the Property for the purposes for which it is currently being used, including, but not limited to, any certificates, permits, licenses, approvals and authorizations required by any federal, state, county, regional or local authority whose jurisdiction includes, in whole or in part, environmental protection or matters pertaining to health, safety and welfare. Issuance of the certificates, permits, licenses, approvals and authorizations obtained by Trustor for the Property is no longer subject to further administrative review or appeal under any applicable laws or ordinances, and the time periods set forth in currently applicable laws and ordinances, within which a third party could commence a lawsuit or other legal proceeding challenging the issuance of any of such certificates, permits, licenses, approvals or authorizations, have lapsed. Trustor has received no notice of any lawsuit or other regulatory, administrative, judicial or legal proceeding which is presently pending which (A) challenges the issuance of any of the certificates, permits, licenses, approvals or authorizations obtained by Trustor for the Property or (B) alleges non-compliance by Trustor or the Property with any law, regulation, rule or ordinance which has a material effect on the operation, occupancy, leasing or use of the Property for the purposes for which it is currently being used. In addition, none of the non-residential tenants (if any) of the Property, to the knowledge of Trustor after due inquiry, has failed to obtain any certificate, permit, license, approval or authorization required in connection with its operations on its premises. (b) Trustor shall keep and maintain the Property in compliance with any and all federal, state and local laws, ordinances and regulations relating to Hazardous Materials, industrial hygiene or to the environmental conditions on, under or about the Property, including, but not limited to, soil and ground water conditions. Trustor shall not use, generate, manufacture, release, store or dispose of, or permit to be used, generated, manufactured, released, stored or disposed of on, under, about or from the Property, or transport to or from or permit to be transported to or from the Property, any Hazardous Materials in violation of any Hazardous Materials Laws. Trustor hereby agrees at all times to comply fully and in a timely manner with, and to cause all of Trustor's employees, agents, contractors and subcontractors to comply with, all Hazardous Materials Laws. 179
31 Trustor shall have the right to contest, at Trustor's sole cost and expense, the applicability of any Hazardous Materials Laws or the grounds for any attempted enforcement of any Hazardous Materials Laws provided that: (i) as a condition to any such contest, Trustor shall deliver to Beneficiary, at Trustor's sole cost and expense, such test results, consultants' reports and other information regarding the then current environmental condition of the Property and the effect that any additional delay that may result from any such contest would have on such environmental condition, as Beneficiary may reasonably require; (ii) Trustor shall have no right to contest if the delay that might result from any such contest would result in any material deterioration in the environmental condition of the Property or any portion thereof or in any material deterioration in the environmental condition of any other property; (iii) Trustor shall have no such right to contest if, as a result of such contest, any governmental City would have the right to enforce a lien on all or any portion of the Property; and (iv) Trustor shall give prior written notice to Beneficiary of Trustor's intention to exercise such right of contest and, upon written request of Beneficiary, shall deliver to Beneficiary a good and sufficient bond or other security reasonably satisfactory to Beneficiary for the costs which would be incurred in complying with such Hazardous Materials Laws. Should a new chemical, material or substance become prohibited by federal, state or local regulation, or become known to pose a hazard, Trustor shall take measures to comply with the law or regulation, and/or take such steps as are necessary to minimize environmental threats. (c) Trustor shall immediately advise Beneficiary in writing of: (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions relating to the Property instituted, completed or threatened pursuant to any environmental laws, statutes, ordinances, rules and regulations, including any Hazardous Materials Laws, and of any notices received by Trustor with respect to the foregoing; (ii) Trustor's discovery of any claim made or clearly threatened in writing by any third party (other than by a governmental City) and of any claim made or clearly threatened (whether or not in writing) by any governmental City against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter referred to as "Hazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" under the provisions of California Health and Safety Code Sections 25220, et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Laws. Beneficiary shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall also immediately deliver to Beneficiary a copy of any notice of any violation of environmental laws, including Hazardous Materials Laws, hereafter received by Trustor.
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32 (d) Without Beneficiary's prior written consent, which shall not be unreasonably withheld or delayed, Trustor shall not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree or other compromise in respect to any Hazardous Materials Claims, which remedial action, settlement, consent or compromise might, in Beneficiary's reasonable judgment, impair the value of Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent shall not be necessary in the event that the presence of any Hazardous Materials on, under or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor shall notify Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if either (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; (iii) all federal, state and local governmental agencies having jurisdiction have approved of or required the particular remedial action; or (iv) a particular remedial action is recommended by a reputable environmental consultant selected or approved by Beneficiary in a report which is satisfactory to Beneficiary in its reasonable discretion.
(e) Trustor hereby agrees to defend (with counsel approved by Beneficiary), indemnify and hold Beneficiary harmless from and against, and shall reimburse Beneficiary for any and all Claims (as defined below). Trustor hereby expressly waives, with respect to any Claims, any immunity to which Trustor may otherwise be entitled under any industrial or workers' compensation laws. As used herein, "Claims" means any and all actual out-of-pocket cost (including, without limitation, attorneys' fees, expenses and court costs), expense or loss arising from any claim, liability, damage, injunctive relief, injury to person, property or natural resources, fine, penalty, action and cause of action incurred by or asserted against Beneficiary and arising, directly or indirectly, in whole or in part, out of the release, discharge, deposit or presence, or alleged or suspected release, discharge, deposit or presence, of any Hazardous Materials at, on, about, under, within or from the Property, or in or adjacent to any part of the Property, or in the soil, ground water or soil vapor on or under the Property or elsewhere in connection with the transportation of Hazardous Materials to or from the Property in violation of any Hazardous Materials Laws, whether or not known to Trustor or Beneficiary, whether foreseeable or unforeseeable, regardless of the source of such release, discharge, deposit or presence and regardless of when such release, discharge, deposit or presence occurred or is discovered, provided however that this indemnity shall not extend to affirmative acts by Beneficiary which Trustor establishes are responsible for such release, discharge, deposit or presence, or alleged or suspected release, discharge, deposit or presence of any Hazardous Materials, or for increasing the damage resulting from actual, alleged, 181
33 or suspected release, discharge, deposit or presence of any Hazardous Materials.
Without limiting the generality of the foregoing and for purposes of clarification only, Claims also include all actual out-of-pocket costs incurred by Beneficiary in connection with (i) determining whether the Property is in compliance or the amount of money required to remediate any environmental contamination, and causing the Property to be or become in compliance, with all applicable Hazardous Materials Laws, (ii) any removal or remediation of any kind and disposal of any Hazardous Materials present at, on, under or within the Property or released from the Property to the extent required by applicable Hazardous Materials Laws in effect at the time of such removal, remediation or disposal, and (iii) any repair of any damage to the Property or any other property caused by any such removal, remediation or disposal.
The rights of Beneficiary hereunder shall not be limited by any investigation or the scope of any investigation undertaken by or on behalf of Beneficiary in connection with the Property prior to the date hereof.
1.15 Access Law.
(a) Trustor agrees that Trustor and the Property shall at all times strictly comply to the extent applicable with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act of 1988, all federal, state and local laws and ordinances related to disabled access, and all statutes, rules, regulations, and orders of governmental bodies and regulatory agencies or orders or decrees of any court adopted or enacted with respect thereto including the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities, as now existing or hereafter amended or adopted (collectively, "Access Laws").
(b) Notwithstanding any limits set forth herein or in any other document on Trustor's obligation to obtain Beneficiary's approval of alterations of the Property, Trustor shall not alter or permit any tenant or other person to alter the Property in any manner which would increase Trustor's responsibilities for compliance with the Access Laws without the prior written approval of Beneficiary.
(c) Trustor agrees to give prompt notice to Beneficiary of any claims of violations of any Access Laws and of the commencement of any proceedings or investigations which relate to compliance with any of the Access Laws. (d) Trustor shall indemnify, defend, and hold harmless Beneficiary from and against any and all claims, demands, damages, costs, expenses, losses, liabilities, penalties, fines and other proceedings, including reasonable attorney fees and expenses arising directly or indirectly from or out of or in any way connected with any failure of the Property to comply with any of the Access Laws. The obligations and liabilities of Trustor under this section shall survive 182
34 any termination, satisfaction, assignment, judicial or nonjudicial foreclosure proceeding, or delivery of a deed of lieu of foreclosures.
ARTICLE II
EVENTS OF DEFAULT
2.01 Default. The Trustor will be in default under this Deed of Trust if:
(a) There shall be a failure by the Trustor to make the payment of any installment of principal or interest or any other sum secured hereby which continues for 15 days after such payment is due; or
(b) There shall be a failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust; provided, however, that Trustor shall not be in default if Trustor, after Beneficiary sends written notice demanding cure of such failure, (i) cures the failure within 30 days, or (ii) if the cure requires more than 30 days, immediately commences to cure the failure and thereafter diligently prosecutes such cure to completion within 90 days after giving notice of the default.
(c) There occurs an appointment, pursuant to an order of a court of competent jurisdiction, of a trustee, receiver or liquidator of the Property or any part thereof, or of the Trustor, or any termination or voluntary suspension of the transaction of business of the Trustor, or any attachment, execution or other judicial seizure of all or any substantial portion of the Borrower's assets, which appointment, attachment, execution or seizure is not discharged within 45 days; or (d) The Trustor, or any general partner or joint venturer of the Trustor at any level or any trustee of Trustor, shall file a voluntary case under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or similar official) of the Trustor or such person or entity or for any part of the Property or any substantial part of the Trustor or such person's or entity's property, or shall make any general assignment for the benefit of the Trustor’s or such person's or entity's creditors, or shall fail generally to pay the Trustor’s or such person's or entity's debts as they become due or shall take any action in furtherance of any of the foregoing, provided, however, that any such default with respect to any general partner of the Trustor at any level shall be deemed cured if the limited partners of the Trustor replace such general partner in accordance with the partnership agreement of the Trustor within 45 days with another general partner acceptable to Beneficiary and approved by the bankruptcy court if such approval is necessary, provided however that if the limited partners' diligent efforts (with due regard to any injunction or other order resulting from a pending bankruptcy or other legal proceeding, if applicable) have not succeeded in the replacement of the general partner within 45 days and (i) they continue to diligently pursue (with due 183
35 regard to any injunction or other order resulting from a pending bankruptcy or other legal proceeding, if applicable) the appointment of an acceptable substitute general partner, and (ii) no other default has occurred and is continuing, then this time limitation shall be extended as necessary; or
(e) A court having jurisdiction shall enter a decree or order for relief in respect of Trustor, or any general partner or joint venturer of the Borrower at any level or any trustee of the Borrower, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or the Borrower or such general partner, joint venturer or trustee shall consent to or shall fail to oppose any such proceeding, or any such court shall enter a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Borrower or such person or entity or for any part of the Property or any substantial part of the Borrower's or such person's or entity's property, or ordering the winding up or liquidation of the affairs of the Borrower or any such person or entity, and such decree or order shall not be dismissed within 60 days after the entry thereof, provided, however, that any such default with respect to any general partner of the Borrower at any level shall be deemed cured if the limited partners of the Trustor replace such general partner in accordance with the Partnership agreement of the Trustor within 45 days with another general partner acceptable to Beneficiary and approved by any court whose approval is necessary, provided however that if the limited partners' diligent efforts (with due regard to any injunction or other order resulting from a pending bankruptcy or other legal proceeding, if applicable) have not succeeded in the replacement of the general partner within 45 days and (i) they continue to diligently pursue (with due regard to any injunction or other order resulting from a pending bankruptcy or other legal proceeding, if applicable) the appointment of an acceptable substitute general partner, and (ii) no other default has occurred and is continuing, then this time limitation shall be extended as necessary; or
(f) A material breach or default of any term, covenant, condition, provision, representation or warranty occurs under any agreement which guarantees any part of the indebtedness or obligations secured by this Deed of Trust or any of the events enumerated in subparagraph (c), (d) or (e) above occurs with regard to any guarantor of any indebtedness or obligations secured by this Deed of Trust, or there occurs the revocation, limitation or termination of the obligations of any such guarantor except in accordance with the express written terms of the instrument of guaranty; or
(g) There has occurred a default under any term, covenant, agreement, condition, provision, representation or warranty contained in any of the Related Documents or any other mortgage or deed of trust encumbering all or any portion of the Property, regardless of whether such mortgage or deed of trust is prior or subordinate to this Deed of Trust, or contained in any note or other instrument secured thereby, or contained in any other instrument securing such note, if such default remains uncured following any applicable notice, grace or cure period; or 184
36 (h) There has occurred a violation of any condition, covenant or restriction recorded against or affecting the Property, and such violation has not been cured within any applicable cure period provided therein; or (i) Any representation or disclosure made to the Beneficiary by the Trustor or by any guarantor of any indebtedness or obligations secured by this Deed of Trust proves to be materially false or misleading on the date as of which made, whether or not that representation or disclosure appears in this Deed of Trust; or
(j) A change of the constituent general partner of the Trustor, whether voluntarily or involuntarily or otherwise, or the sale, conveyance, transfer, disposition, charging or encumbrance of any such general partner interests, without the prior written consent of the Beneficiary, provided however that any such default with respect to any general partner of the Trustor at any level shall be deemed cured if the limited partners of the Trustor replace such general partner in accordance with the partnership agreement of the Trustor within 45 days with another general partner acceptable to Beneficiary and approved by any court whose approval is required, provided, however, that if the limited partner's diligent efforts (with due regard to any injunction or other order issued in a pending legal proceeding, if applicable) have not succeeded in the replacement of the general partner within 45 days and (i) they continue to diligently pursue (with due regard to any injunction or other order issued in a pending legal proceeding, if applicable) the appointment of an acceptable general partner, and (ii) no other default has occurred and is continuing, then this time limitation shall be extended as necessary. Notwithstanding the foregoing, Beneficiary hereby approves the following transfers of interest in the Trustor: The admission of an investor as a limited partner in Trustor.
ARTICLE III
REMEDIES
3.01 Remedies. If the Trustor is in default under the Deed of Trust, the Beneficiary may, at its option, and without notice to or demand upon the Trustor:
(a) Declare any or all indebtedness secured by this Deed of Trust to be due and payable immediately;
(b) Upon five days' notice to Trustor, enter onto the Property, in person or by agent or by court-appointed receiver, and take any and all steps which may be desirable in the Beneficiary's sole discretion to complete any unfinished construction, to manage and operate the Property and to do any and all other acts which the Beneficiary deems proper to protect the security hereof and, either with or without taking possession, in its own name or in the name of the Trustor, sue for or otherwise collect and receive the rents, royalties, income and profits of the Property, and the Beneficiary may apply any rents, royalties, income 185
37 or profits collected against the indebtedness secured by this Deed of Trust without in any way curing or waiving any default of the Trustor; (c) Bring a court action to foreclose this Deed of Trust or to enforce its provisions or any of the indebtedness or obligations secured by this Deed of Trust;
(d) Cause any or all of the Property to be sold under the power of sale granted by this Deed of Trust in any manner permitted by applicable law; and (e) Exercise any other right or remedy available under the Loan Documents or any other agreement of the Trustor, or under any guaranty of any obligations of the Trustor to the Beneficiary relating to the Loan, or otherwise available at law or in equity.
3.02 Power of Sale. In connection with the exercise of the power of sale granted by this Deed of Trust:
(a) Beneficiary may elect to cause the Property or any part thereof to be sold under the power of sale herein granted in any manner permitted by applicable law. In connection with any sale or sales hereunder, Beneficiary may elect to treat any of the Property which consists of a right in action or which is property that can be severed from the real property covered hereby or any improvements thereon without causing structural damage thereto as if the same were personal property, and dispose of the same in accordance with applicable law, separate and apart from the sale of real property. Any sale of any personal property hereunder shall be conducted in any manner permitted by Section 9501 or any other applicable section of the California Commercial Code. Where the Property consists of real and personal property or fixtures, whether or not such personal property is located on or within the real property, Beneficiary may elect in its discretion to exercise its rights and remedies against any or all of the real property, personal property, and fixtures in such order and manner as is now or hereafter permitted by applicable law.
(b) Without limiting the generality of the foregoing, Beneficiary may, in its sole and absolute discretion and without regard to the adequacy of its security, elect to proceed against any or all of the real property, personal property and fixtures in any manner permitted under Section 9501(4)(a) of the California Commercial Code; and if the Beneficiary elects to proceed in the manner permitted under Section 9501(4)(a)(ii) of the California Commercial Code, the power of sale herein granted shall be exercisable with respect to all or any of the real property, personal property and fixtures covered hereby, as designated by Beneficiary, and the Trustee is hereby authorized and empowered to conduct any such sale of any real property, personal property and fixtures in accordance with the procedures applicable to real property.
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38 (c) Where the Property consists of real property and personal property, any reinstatement of the obligation secured hereby, following default and an election by the Beneficiary to accelerate the maturity of said obligation, which is made by Trustor or any other person or entity permitted to exercise the right of reinstatement under Section 2924c of the California Civil Code or any successor statute, shall, in accordance with the terms of California Commercial Code Section 9501(4)(c)(iii), not prohibit the Beneficiary from conducting a sale or other disposition of any personal property or fixtures or from otherwise proceeding against or continuing to proceed against any personal property or fixtures in any manner permitted by the California Commercial Code; nor shall any such reinstatement invalidate, rescind or otherwise affect any sale, disposition or other proceeding held, conducted or instituted with respect to any personal property or fixtures prior to such reinstatement or pending at the time of such reinstatement. Any sums paid to Beneficiary in effecting any reinstatement pursuant to Section 2924c of the California Civil Code shall be applied to the secured obligation and to the Beneficiary's and Trustee's reasonable costs and expenses in the manner required by Section 2924c.
(d) Should Beneficiary elect to sell any portion of the Property which is real property or which is personal property or fixtures that Beneficiary has elected under Section 9501(4)(a)(ii) of the California Commercial Code to sell together with real property in accordance with the laws governing a sale of real property, Beneficiary or Trustee shall give such notice of default and election to sell as may then be required by law. Thereafter, upon the expiration of such time and the giving of such notice of sale as may then be required by law, and without the necessity of any demand on Trustor, Trustee, at the time and place specified in the notice of sale, shall sell said real property or part thereof at public auction to the highest bidder for cash in lawful money of the United States. Trustee may, and upon request of Beneficiary shall, from time to time, postpone any sale hereunder by public announcement thereof at the time and place noticed therefor. (e) If the Property consists of several lots, parcels or items of property, Beneficiary may: (i) designate the order in which such lots, parcels or items shall be offered for sale or sold, or (ii) elect to sell such lots, parcels or items through a single sale, or through two or more successive sales, or in any other manner Beneficiary deems in its best interest. Any person, including Trustor, Trustee or Beneficiary, may purchase at any sale hereunder, and Beneficiary shall have the right to purchase at any sale hereunder by crediting upon the bid price the amount of all or any part of the indebtedness hereby secured. Should Beneficiary desire that more than one sale or other disposition of the Property be conducted, Beneficiary may, at its option, cause the same to be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as Beneficiary may deem to be in its best interests, and no such sale shall terminate or otherwise affect the lien of this Deed of Trust on any part of the Property not sold until all indebtedness secured hereby has been fully paid. In the event Beneficiary elects to dispose of the Property through more than one sale, Trustor agrees to pay the costs and expenses of each such sale and of any judicial 187
39 proceedings wherein the same may be made, including reasonable compensation to Trustee and Beneficiary, their agents and counsel, and to pay all expenses, liabilities and advances made or incurred by Trustee in connection with such sale or sales, together with interest on all such advances made by Trustee at the lower of the interest rate set forth in the Note or the maximum rate permitted by law to be charged by Trustee.
(f) Upon any sale hereunder, Trustee shall execute and deliver to the purchaser or purchasers a deed or deeds conveying the property so sold, but without any covenant or warranty whatsoever, express or implied, whereupon such purchaser or purchasers shall be let into immediate possession; and the recitals in any such deed or deeds of facts, such as default, the giving of notice of default and notice of sale, and other facts affecting the regularity or validity of such sale or disposition, shall be conclusive proof of the truth of such facts and any such deed or deeds shall be conclusive against all persons as to such facts recited therein.
3.03 Sale Proceeds. The proceeds of any sale under this Deed of Trust will be applied in the following manner:
FIRST: Payment of the costs and expenses of the sale, including but not limited to the Trustee's fees, legal fees and disbursements, title charges and transfer taxes, and payment of all expenses, liabilities and advances of the Trustee, together with interest on all advances made by the Trustee at the lower of 10% per annum or the maximum rate permitted to be charged by the Trustee under applicable law.
SECOND: Payment of all sums expended by the Beneficiary under the terms of this Deed of Trust and not yet repaid, together with interest on such sums at the interest rate set forth in the Note.
THIRD: Payment of the indebtedness and obligations of the Trustor secured by this Deed of Trust in any order that the Beneficiary chooses.
FOURTH: The remainder, if any, to the person or persons legally entitled to it.
3.04 Waiver. Trustor, for itself and for all persons hereunder claiming through or under it or who may at any time acquire a lien on all or any part of the Property or any interest therein, hereby expressly waives and releases all rights to direct the order in which any of the Property and/or any other property now or hereafter constituting security for any of the indebtedness secured hereby will be sold in the event of any sale under this Deed of Trust, and also any right to have any of the Property and/or any other property now or hereafter constituting security for any of the indebtedness secured hereby marshaled upon any foreclosure of this Deed of Trust or of any other security for any of said indebtedness.
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40 3.05 Remedies Cumulative. All remedies contained in this Deed of Trust are cumulative, and the Beneficiary also has all other remedies provided by law or in any other agreement between Trustor and the Beneficiary. No delay or failure by the Beneficiary to exercise any right or remedy under this Deed of Trust will be construed to be a waiver of that right or remedy or of any default by Trustor. The Beneficiary may exercise any one or more of its rights and remedies at its option without regard to the adequacy of its security.
3.06 Costs and Fees. Trustor will pay all of the Beneficiary's and the Trustee's costs, fees and expenses incurred in any efforts to enforce any terms of this Deed of Trust or in the performance of its or their duties hereunder, whether or not any lawsuit is filed, including but not limited to legal fees and disbursements, foreclosure costs and title insurance or trustee's sale guaranty charges and any other governmental charges or impositions imposed by any governmental authority on the Trustee or the Beneficiary by reason of its or their interest in the Note, any note evidencing a future advance, or this Deed of Trust.
3.07 Application of Rents to Protecting and Preserving the Property. If, as a result of an event of default, Beneficiary elects to enforce its rights under Section 2938(c) of the California Civil Code by any means other than the appointment of a receiver and Beneficiary receives rent payments from the Property pursuant to such enforcement, and Trustor thereafter makes written demand upon Beneficiary to pay the reasonable costs of protecting and preserving the Property pursuant to Section 2938(g) of the California Civil Code (a "2938(g) Demand"), then Trustor agrees that the obligation of Beneficiary to pay the "reasonable costs of protecting and preserving the Property" pursuant to Section 2938(g) shall be deemed fully satisfied upon payment by Beneficiary of only the following costs and only from and to the extent of rent payments actually received by Beneficiary: (i) delinquent real property taxes with respect to the Property only to the extent that such amounts subject the Property to an imminent tax sale which has been set for sale by the applicable taxing authority pursuant to applicable law; (ii) property damage insurance, and liability insurance in such amounts, with such insurers and pursuant to such terms as Beneficiary shall have previously approved for Trustor prior to the default or event of default; provided, however, that Beneficiary shall not be required to purchase any rental interruption insurance or earthquake insurance and provided further that, Beneficiary may satisfy all or any portion of such obligation by insuring the Property through Beneficiary's blanket insurance policy or policies; and (iii) the reasonable cost of compliance with building codes only to the extent the applicable governmental building authority makes a written demand to Beneficiary to comply therewith. Notwithstanding anything to the contrary contained herein, Beneficiary may (pursuant to such 2938(g) Demand or otherwise), but shall not be obligated to, pay out of such rent payments actually received any other reasonable costs which Beneficiary believes, in its sole discretion, is necessary for the protection and preservation of the Property (it being the intent of Trustor and Beneficiary that nothing contained herein shall be deemed to impair, define or limit Beneficiary's rights or remedies pursuant to this Deed of Trust, including, but not limited to, the right of Beneficiary as beneficiary under this Deed of Trust and/or the other Loan Documents to protect and preserve the security for this Deed of Trust in the event of default).
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41 ARTICLE IV
MISCELLANEOUS
4.01 Invalidity. The invalidity or unenforceability of any one or more provisions of this Deed of Trust will in no way affect any other provision.
4.02 Loan Statement. Trustor agrees to pay to the Beneficiary a reasonable charge, not to exceed the maximum allowed by law, for giving any statement of the status of the obligations secured by this Deed of Trust.
4.03 Late Charge. If Trustor shall fail to make any payment due hereunder within 15 days after the date the same is due and payable, a late charge by way of damages shall be immediately due and payable in the amount of six percent of the overdue amount. Trustor recognizes that default in making the payments herein agreed to be paid when due will result in the Beneficiary incurring additional expense in servicing the Loan, in loss to the Beneficiary of the use of the money due, and in frustration to the Beneficiary in meeting its loan commitments. Trustor agrees that, if for any reason it fails to pay the amounts due under this Deed of Trust within 15 days after the date when due, the Beneficiary shall be entitled to damages for the detriment caused thereby, but that it is extremely difficult and impractical to ascertain the extent of such damages.
Trustor agrees that such amount as is specified herein is a reasonable approximation of damages for late payment.
4.04 Notices. All notices given under this Deed of Trust must be in writing and will be effectively served upon personal delivery or, if mailed, no later than 5 days after deposit in certified United States mail, postage prepaid, return receipt requested or overnight delivery service, sent to the Beneficiary at its address appearing in the recording information block on the front page of this Deed of Trust and sent to the Trustor at its address appearing below its signature, which addresses may be changed by written notice. However, the service of any notice of default or notice of sale under this Deed of Trust as required by law will, if mailed, be effective on the date of mailing.
4.05 Beneficiary Consent. Without affecting Trustor's liability for the payment of any of the indebtedness secured by this Deed of Trust, the Beneficiary may from time to time and without notice to the Trustor (a) release any person liable for the payment of that indebtedness, (b) extend or modify the terms of payment of that indebtedness, (c) accept additional real or personal property of any kind as security, or alter, substitute or release any property securing that indebtedness, or (d) cause the Trustee to consent to the making of any map or plat of the Property, or to reconvey any part of the Property, or to join in granting any easement or creating any restriction on the Property, or to join in any subordination or other agreement affecting this Deed of Trust.
4.06 Trustee Acceptance. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law.
4.07 Statute of Limitations. The Trustor waives all present and future statutes of limitations as a defense to any action to enforce the provisions of this Deed of Trust or 190
42 to collect any indebtedness secured by this Deed of Trust to the fullest extent permitted by law, provided that such waiver shall not apply at any time after payment in full of all sums secured by the Deed of Trust.
4.08 Interpretation. The term "Trustor" includes both the original Trustor and any subsequent owner or owners of any of the Property, and the term "Beneficiary" includes the original Beneficiary and also any future owner or holder, including pledgees and participants, of the Note or any interest therein. Whenever the context requires, the singular includes the plural and vice versa and each gender includes each other gender.
The headings of the articles of this Deed of Trust are for convenience only and do not limit its provisions.
4.09 Consent. The Beneficiary's consent to any act or omission by Trustor will not be a consent to any other or subsequent act or omission or a waiver of the need for such consent in any future or other instance.
4.10 Successors. The terms of this Deed of Trust will bind and benefit the heirs, legal representatives, successors and assigns of Trustor and Beneficiary and the successors in trust of the Trustee. If more than one person is named as Trustor, each will be jointly and severally liable to perform the obligations of the Trustor.
4.11 California Law. This Deed of Trust will be governed by California law.
4.12 Removal of Trustee. The Beneficiary may remove the Trustee or any successor Trustee at any time or times and appoint a successor Trustee by recording a written substitution in the county where the real property covered by this Deed of Trust is located, or in any other manner permitted by law. Upon that appointment, all of the powers, rights and authority of the Trustee will immediately become vested in its successor.
4.13 Requests for Notice of Default and Notice of Sale. The undersigned Trustor requests that a copy of any notice of default and any notice of sale hereunder be mailed to Trustor at Trustor's address hereinbefore set forth.
IN WITNESS WHEREOF, the undersigned has executed this Deed of Trust the day and year first hereinabove written.
TRUSTOR:
, 2023 Self Help Enterprises, a California nonprofit corporation By:
Its:
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43 STATE OF CALIFORNIA )
) ss
COUNTY OF )
On ________________, before me the undersigned, a notary public, personally appeared _______________________ and _______________________,
( ) personally known to me, or
( ) proved to me on the basis of satisfactory evidence
to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature
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44 “EXHIBIT A”
DESCRIPTION OF REAL PROPERTY
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0283 Agenda Date: 8/7/2023 Agenda #: 4.
Agenda Item Wording:
Consider for appointment two candidates, Janelle Hickey and Zachary Boudreaux, as recommended by Council sub-committee, for Parks and Recreation Commission vacancies.
Deadline for Action: 8/7/2023
Submitting Department: Community Services
Contact Name and Phone Number: Laurissa Roggenkamp, Recreation Manager 713-4336 and Kelli Kincaid Community Services Director 713-4042
Department Recommendation:
It is recommended that the City Council appoint the two candidates, Janelle Hickey and Zachary Boudreaux, as recommended by the Council sub-committee, to fill the two vacant positions on the Parks and Recreation Commission.
Background Discussion:
Pursuant to Article VII of the Visalia City Charter, the Council, may provide for appointment of the Parks and Recreation Commission five members to serve without compensation, and to act in an advisory capacity to the Council and City Manager in all matters pertaining to parks, playgrounds, and recreation centers.
In accordance with the City Charter, the Parks and Recreation Commission is comprised of five voting members. Pursuant to Visalia Municipal Code 2.12.010 vacancies from any cause on the Parks and Recreation Commission shall be filled by the Council.
Two Commission seats are currently vacant:
- Veronica Barajas - resigned September 2022
- Steven Woods - term expired June 30, 2022, on June 20, 2022 Council approved to extend term for an additional 6 months, expiring December 2022.
Council directed for a recruitment to be conducted, resulting with eighteen applicants. Council instructed the Parks and Recreation Commission to conduct evaluations of the candidates and to recommend five candidates to Council for appointment.
Recruitment, Evaluation, and Recommendation from Commission:
The Parks and Recreation Commission created a sub-committee of two members; Commission Chair Lisa Walsh and Commissioner Edgardo Monroy, to evaluate applications and conduct interviews. Of the eighteen applicants nine were identified for interviews.
Interviews were held on Tuesday, April 25th and Tuesday, May 16th with five selected to be recommended for review by the Council sub-committee.
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File #: 23-0283 Agenda Date: 8/7/2023 Agenda #: 4.
The recommended candidates to the Council sub-committee were:
1. Janelle Hickey - resides in Northwest quadrant
2. Susan Cox - resides in Southeast quadrant
3. Steve Sanders - resides in Southwest quadrant
4. Julie Elms - resides in Northeast quadrant
5. Zachary Boudreaux - resides in Northwest quadrant
Evaluation and Recommendation from Council sub-committee:
The Council sub-committee, comprised of Vice-Mayor Brett Taylor and Council member Steve Nelsen, reviewed the applications of the top five candidates and an application worksheet listing all the original eighteen applicants and made the following selection on June 15th:
1. Zachary Boudreaux
2. Janelle Hickey
The Council sub-committee discussed each applicant, reviewed applications, and selected Mr.
Boudreaux and Ms. Hickey due to their involvement and activities associated with parks and recreation.
Fiscal Impact:
None
Prior Council Action: 5/15/23
Council reappointed Edgardo Monroy and Samantha Wagner for their second term. 6/20/2022 Council appointed Lisa Walsh for her second term and extended Steve Woods for an additional six months. The Council approved recruitment to be opened. 06/21/2021 Council appointed Commissioners Edgardo Monroy, Samantha Wagner, Veronica Barajas for their first-term.
Other: N/A
Alternatives: Click or tap here to enter text.
Recommended Motion (and Alternative Motions if expected):
I move to approve the appointment of Zachary Boudreaux and Janelle Hickey for their first-terms to the Parks and Recreation Commissioner.
Environmental Assessment Status: None
CEQA Review: None
Attachments: Applications from Zachary Boudreaux and Janelle Hickey.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0284 Agenda Date: 8/7/2023 Agenda #: 5.
Agenda Item Wording:
Approve continued membership in Tulare County Economic Development Corporation (TCEDC) for FY 2023/24 for $60,000 and appropriate $10,000 from General Fund to Economic Development Division budget.
Deadline for Action: 8/7/2023
Submitting Department: Community Development
Contact Name and Phone Number: Devon Jones, Economic Development Manager, 713-4190 Department Recommendation:
Approve continued membership in Tulare County Economic Development Corporation (TCEDC) for FY 2023/24 for $60,000 and appropriate $10,000 from General Fund to Economic Development Division budget as prior budgeted amount was $50,000. Staff would support continuing membership for FY 23/24 at the increased level, in part, due to the TCEDC’s transition to GIS Webtech as the vendor for an enhanced real estate database. Utilizing GIS Webtech will come at an increased cost to TCEDC but will allow for a more robust site selection tool as it will incorporate the City’s local GIS layers, such as zoning, general plan land use, urban development boundaries, local infrastructure locations, circulation element and other Esri based layers. with other economic development partners. With more information incorporated into the real estate database itself, TCEDC will make the site selection process more efficient for prospects and save both TCEDC and city staff time on initial inquiries.
Additionally, there has not been a CPI increase or inflationary adjustment to the membership amount for the past three fiscal years, so a portion of the $10,000 increase is understandable from that perspective as well. The City’s contribution has been $50,000 annually since FY 20/21. In past years, the City’s contribution was $84,440 in FY 19/20, $92,440 in FY 18/19 and FY 17/18, $165,593 in FY 16/17 and FY 15/16.
Over the course of this fiscal year, staff will also prioritize working with the TCEDC and stakeholders to assist in implementing a more sustainable operating budget and corresponding work plan for future years. While quality of customer service and transparency has improved, and many budget reductions have been implemented, TCEDC’s reserve fund, which has been utilized to balance the organization’s budget, is rapidly depleting. In FY 20/21, when public sector membership levels were lowered, it was thought the budget could be balanced through operational budget cuts and increased private sector memberships. As mentioned above, numerous budget cuts have been made and private sector membership growth is not occurring at the rate envisioned. There is a private sector membership drive initiated that could yield a sharp increase in private sector revenue, but staff’s assessment is that short of necessary revenue increases, the reserve fund could continue to be depleted which may necessitate more drastic cuts to the operating budget, or a new service Visalia City Council Page 1 of 2 Printed on 8/4/2023
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File #: 23-0284 Agenda Date: 8/7/2023 Agenda #: 5.
alternative. If a more sustainable operating budget, or increased revenues do not appear likely for FY 24/25, staff will present an alternative service plan to Council for consideration with the FY 24/25 TCEDC membership option.
Background Discussion:
None
Fiscal Impact:
Additional $10,000 will need to be appropriated from General Fund to Economic Development Division budget for membership at this level. $50,000 has already been approved in the existing budget.
Prior Council Action: 4.17.23 - Approved FY 23/24 membership in TCEDC for $50,000 Other: N/A
Alternatives: Per Council direction
Recommended Motion (and Alternative Motions if expected):
I move to approve continued membership in the Tulare County Economic Development Corporation for FY 2023/24 for $60,000 and appropriate $10,000 from General Fund to Economic Development Division budget.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: TCEDC letter
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July 10, 2023
Leslie Caviglia
City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93292
Subject: Increase in Membership Dues for Fiscal Year 2023-2024 Dear Leslie,
I hope this letter finds you well. As a valued member of Tulare County EDC, we wanted to inform you of an important update regarding the membership dues for the upcoming fiscal year 2023-2024.
Over the past years, Tulare County EDC has worked diligently to provide exceptional services and resources to all our members. We have consistently strived to improve the quality of our offerings, enhance business location opportunities, and facilitate the growth and success of Tulare County.
In order to sustain and enhance the level of services we provide, it has become necessary to revise our membership dues. After careful consideration and analysis of our operational costs, we have determined that an increase in membership dues is essential to meet our financial obligations and continue delivering valuable resources to our members.
Effective from the start of the new fiscal year on July 1, 2023, the membership dues for all existing and new members will increase. This increase will enable us to invest in improved site selection software, expand our outreach initiatives, and offer an even greater range of benefits to our members.
We understand that any adjustment in dues may impact your organization's budgeting and resource allocation. We believe that the value and advantages gained from being part of our organization will outweigh the increased dues and contribute significantly to the growth and development of your jurisdiction.
We remain committed to maintaining transparency and open communication with our members.
If you have any questions or concerns regarding the revised membership dues, we encourage you to reach out to our Board Chairman, Brian Poochigian or President/CEO Airica de Oliveira. We are here to address any queries and provide any necessary assistance to ensure a smooth transition during this period.
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We greatly appreciate your continued support and membership with Tulare County EDC. Your participation and contributions are invaluable in shaping our region and fostering its progress.
We look forward to a prosperous and productive fiscal year ahead, and we are confident that together we can achieve remarkable results.
Thank you for your attention to this matter. We appreciate your prompt attention to the revised membership dues and eagerly anticipate your continued partnership.
Yours sincerely,
Brian Poochigian Airica de Oliveira
Board of Directors, Chair President & CEO
Tulare County EDC Tulare County EDC
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0286 Agenda Date: 8/7/2023 Agenda #: 6.
Agenda Item Wording:
Authorization to amend the amend FY 2023-24 Community Development Block Grant (CDBG) Annual Action Plan in the amount of $1,129,275, amend the FY 2023-24 Permanent Local Housing Allocation (PLHA) budget by $750,000, and appropriating additional funds from the Successor Agency Housing of $300,000 ($50,000 in FY 2023-24 and $250,000 in FY 2024-25) in order to provide additional support to the Navigation Center development funding of $2,179,275.
Deadline for Action: 8/7/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Margie Perez, Housing Specialist, 713-4460, [email protected] <mailto:[email protected]>; Melody Murch, Assistant Finance Director, 713-4379, [email protected] <mailto:[email protected]>; Renee Nagel, Finance Director, 713-4378, [email protected] <mailto:[email protected]> Department Recommendation:
Due to increased construction costs and project funding shortfalls, staff recommends Council approve the budget increase of $2,179,275 for the Navigation Center development funding. Should additional grant funding, such as the Encampment Resolution Funding grant, be obtained and/or enough money be raised for construction through other sources, staff will return with an allocation adjustment recommendation. Funding will require action to be approved as listed:
1. Amend the FY 2023-24 CDBG Annual Action Plan to transfer $729,275 and add $400,000 in program income for a total of $1,129,275 in CDBG development funds to the Navigation Center development. Staff will return to Council for review and approval of the amendment during the public comment period; and
2. Amend the FY 2023-24 Permanent Local Housing Allocation (PLHA) to transfer budgeted Navigation Center operating and unspent prior year funds of $750,000 for Navigation Center development; and
3. Appropriate additional funds of $300,000 ($50,000 - FY 2023-24 and $250,000 in FY 2024-25) from the Successor Agency Housing fund balance.
Background Discussion:
On March 1, 2021, Council directed staff to release a Request for Proposals (RFP) seeking a qualified non-profit organization for the development and operation of a low-barrier Navigation Center in the City of Visalia (RFP 20-21-26). On June 21, 2021, RFP-20-21-26 was awarded to Community Services Employment and Training (CSET).
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File #: 23-0286 Agenda Date: 8/7/2023 Agenda #: 6.
The City identified three sources of grant and local funding for development and operation of the Navigation Center. The funding sources include Community Development Block Grant (CDBG), Permanent Local Housing Allocation (PLHA), and Successor Agency Housing (SAH) funds.
The City’s current approved development funding is $4,205,387 as shown below in Table 1 - COV Navigation Center Funding. This funding represents 31% of the total $13.5 million projected cost for development of the Navigation Center. The table also shows budgeted operating funding of $1,420,070 that is to be used for operations once the Navigation Center is operational.
Current Funding: Discussion of the three funding sources current development funding for the Navigation Center are as follows.
· CDBG: The City of Visalia is an Entitlement Jurisdiction receiving approximately $1.2 million annually in CDBG funds. Eligible activities for CDBG funds must be approved by the US Department of Housing and Urban Development (HUD) in a 5-year Consolidated Plan and Annual Action Plan. On April 20, 2020, Council approved funding for the development of a Navigation Center in the CDBG 5-year (FY 2020/21 - 2024/25) Consolidated Plan. On April 18, 2022, $2,055,205 in CDBG funding was appropriated for the development of the Navigation Center in the FY 2022/23 Action Plan.
· PLHA: The PLHA Program was created by California housing legislation passed in 2017 to address the shortage of affordable housing for households at or below 60% Area Median Income. This program receives 70% of the revenue generated by a $75 recording fee on real estate documents. The City receives PLHA funding from the California Department of Housing and Community Development (HCD) based upon the allocation process established by HUD for CDBG funding in the State of California. Eligible activities for PLHA funds must be approved by HCD in the PLHA 5-year plan. On July 20, 2020, Council approved the development and operation of a Navigation Center in the 5-year PLHA plan. On November 7, 2022, Council approved a total appropriation of $1,950,182 in PLHA funds for the development of the Navigation Center.
Visalia City Council Page 2 of 9 Printed on 8/4/2023
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File #: 23-0286 Agenda Date: 8/7/2023 Agenda #: 6.
· SAH: A limited amount of SAH funding remains for low-income housing after the dissolution of the California Redevelopment Agencies in 2012. A maximum of $250,000 in SAH funds may be spent annually for qualifying homeless activities under § 34176.1(a)(2) of the California Health and Safety Code. The SAH $250k maximum cap on homeless activities cannot be accumulated or carried over at year-end and must be used annually. On June 21, 2021, Council approved a 1-year appropriation of $200,000 for development of the Navigation Center.
Due to post covid inflation greatly exceeding projections, the Navigation Center development costs have significantly increased. The total development for this project is now $13,562,134, which is approximately $4 million over the original projected development budget. The project has secured $4,700,000 and obtained a verbal pledge of $480,000 bringing the total to $9,385,387 in funding and currently has a gap of $4,176,747 as shown below in Table 2 - Visalia Navigation Center Funding.
To assist in funding the development gap, the City sponsored an application for competitive Encampment Resolution Funding (ERF) in February 2023. The ERF provides priority funding for proposals that address homeless individuals living in large encampments on state rights-of-way. The City did not receive an award of ERF funds from the first application submitted. The City was invited to reapply for ERF funds, however, the amount available in application window 3 is now significantly less than the original $237,307,738, with only $37,852,240 remaining to award statewide. The likelihood of being awarded ERF funds in window 3 is very low; however, if this funding is granted, unnecessary development funds will be returned to PLHA and SAH operating funds for the Visalia City Council Page 3 of 9 Printed on 8/4/2023
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File #: 23-0286 Agenda Date: 8/7/2023 Agenda #: 6.
Navigation Center as originally planned. Given the reduced chances for success of this grant, and in order to keep the project moving forward, , staff is recommending amendments to the CDBG, PLHA, and SAH plans and budgets to assist in partially funding the Navigation Center development gap as shown in Table 3 - COV Proposed Development Amendment. The proposed amendments would add additional funding in the amount of $2,179,275, bringing the total City commitment for the Navigation Center to $6,384,662 which represents 47% of the projected project development cost. A detailed discussion of these proposed amendments follows below.
Proposed Budget Amendments
CDBG: The delay in construction of the Navigation Center along with delays and unspent funds of other projects such as the ADA Transit Pathway Project of $499,940, the Senior Mobile Home Repair Project of $83,780, and Emergency Repair & Accessibility Program of $20,688 caused the City to fall seriously behind in spending CDBG and accumulate a line of credit balance of 2.16 times its annual grant in May 2023. Sixty (60) days prior to the end of the program year, CDBG entitlement grantees, in accordance with the CDBG regulations, must have a combined grant and program income balance remaining their line of credit no greater than one and one-half (1.5 times) the grantees annual grant amount. The City exceeded this "carry forward" limitation in May of 2023 and failure to meet this requirement a second time, in May 2024, would result in the loss of the following year's CDBG annual allocation. To ensure the 2024 CDBG expenditure ratio is met and prevent losing approximately $1.2 million in FY 24/25 CDBG annual allocation, the City must spend a minimum of $1,811,035 in CDBG funds by March 30, 2024. This time frame will allow for payment of invoices and drawdown of the CDBG funds prior to May 2024.
Staff is requesting to move CDBG funds to a project that will spend CDBG in a timely manner that will meet the City’s 2024 HUD mandated CDBG expenditure ratio. The Navigation Center is currently the only CDBG project capable of spending the required amount of funds prior to the deadline discussed above. The ADA Tree Wells Project requires solicitation for bids for project design, environmental review process, and solicitation for bids for construction. Reprogramming CDBG funds to a new project that has not been identified would require submitting a formal substantial amendment of the 5 -year Consolidated Plan to HUD, causing even further delays. To ensure timely spending, and to fund the Navigation Center development gap, Staff is requesting council direction for a substantial Action Plan amendment to transfer $1,129,275 in CDBG funds from various existing projects to the Navigation Center development funds as shown below in Table 4 - Proposed FY 23/24 CDBG Amendment.
Visalia City Council Page 4 of 9 Printed on 8/4/2023
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File #: 23-0286 Agenda Date: 8/7/2023 Agenda #: 6.
The proposed CDBG amendment consists of:
· $95,532 in prior year unspent funds from various completed projects which remained at the close of the FY 21/22 and 22/23 Action Plans. The majority of these funds are from unspent administration, public services, and completed fair housing activities. · $83,780 of unspent FY 21/22 and 22/23 Senior Mobile Home Repair funds. These funds were unspent due to staff turnover during those program years. This program has received a new annual appropriation for the 23/24 program year and this amendment is not projected to affect availability of the program.
· $20,688 of unspent FY 21/22 Habitat for Humanity Emergency Repair & Basic Needs Program . These funds were unspent due to staff turnover during the 21/22 program year. This program has received a new appropriation for the 23/24 program year and this amendment is not projected to affect availability of the program.
· $529,275 to be transferred from the FY 23/24 ADA Tree Wells Project. This transfer will leave $100,000 remaining in FY 23/24 for pre-construction costs such as design and environmental review. The project will receive the full allocation of $758,830 planned for FY 24/25 and receive an additional allocation projected to be $760,000 in FY 25/26 for a total of $1,618,830.
The additional funding will provide for any cost increases that occur due to the 1-year delay caused by this amendment. The project is currently on track to be constructed in the summer of 2024, just after the timeliness deadline. This amendment will not affect the ADA Transit Pathway funds of $499,940 which will remain in place as this project is projected to begin construction in the winter of 2023.
· $400,000 of additional program income projected for 2023/24. The current 2023/24 CDBG Action Plan designates all additional program income received to be automatically appropriated for ADA projects. The proposed amendment would designate all additional 2023/24 program income to be appropriated for the Navigation Center project. This additional program income is a result of the reconciliation of prior CDBG loan payoffs, including first-time homebuyer loans, owner occupied rehab loans, and Section 108 loan. This amount exceeds projections, and this amendment will not materially affect the ADA projects as planned.
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File #: 23-0286 Agenda Date: 8/7/2023 Agenda #: 6.
PLHA: The PLHA Program receives 70% of the revenue generated by a $75 recording fee on real estate documents statewide and funding varies each year. PLHA annual allocations are usually released annually in late August. As a result, the proposed PLHA amendment FY 23/24* and FY 24/25* amounts are estimated using the average of the past three annual PLHA allocations. These amounts may increase or decrease depending upon actual allocations but have been estimated very conservatively based on the past 3-year average. On July 20, 2020, the PLHA 5-year plan was adopted, and the Navigation Center was approved to receive 65% of the total PLHA annual allocation for development and operating funds in Fiscal Years 2021/22 through 2024/25 in the PLHA 5-year plan as shown below in Table 5.
In addition to amendment in the 23/24 budget, staff is proposing to transfer unspent prior year PLHA administration and Warming Center funds to the development of the Navigation Center as shown in Table 6 - Proposed PLHA Amendment. PLHA funds have a two-year expenditure deadline making it necessary to reprogram unspent funds to other PLHA activities approved in the 5-year PLHA plan at the end of each program year. Reprogramming PLHA funds to another eligible PLHA activity not currently in the 5-Year Plan would require submitting a formal substantial amendment of the 5-year PLHA Plan to HCD and cause further delays.
· $100,000 transfer from Administration. These funds have accumulated in the administration activity and may be transferred to the Navigation Center project without affecting the operation of the PLHA program.
· $100,000 transfer from the Warming Center. These funds are remaining from prior year operation of the Warming Center. This activity continues to receive annual allocations and this transfer is not projected to affect the operation of the Warming Center in future years.
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File #: 23-0286 Agenda Date: 8/7/2023 Agenda #: 6.
· $550,000 Transfer from Navigation Center operations to Navigation Center Development.
These funds are currently budgeted for Navigation Center operating expenses. Due to the delay in construction, these funds will not be required for operations in 2023/24 and are proposed to be moved to the development portion of this project. Staff recommends leaving the operating funds in place for the 2024/25 year when the Navigation Center is projected to be operational.
SAH: A maximum of $250,000 in SAH funds may be spent annually for homeless activities which qualifies under § 34176.1(a)(2) of the California Health and Safety Code. The SAH $250k maximum cap on homeless activities must be used annually and cannot be accumulated or carried over at year -end. On June 21, 2021, Council approved a 1-year of $200,000 for Navigation Center development and 3 consecutive years of $200,000 annually for the operation of the Navigation Center for a total of $800,000 in SAH funds. At that time, $50,000 each year was set aside for a Tenant Based Rental Assistance (TBRA) Case Management program which ended on December 31, 2022. As a result, an additional $50,000 is now available annually for homeless activities.
Staff is proposing to increase the FY 23/24 and FY 24/25 SAH funding by $50,000 each year and transferring the FY 24/25 SAH operating funding to development funding for and increase of $300,000 and a total SAH development budget of $500,000 as shown below in Table 7 - Proposed SAH Amendment. The Center would continue to receive $200,000 per year for 25/26 and 26/27 providing 2-years of SAH operating funds.
Approval of the proposed CDBG, PLHA, and SAH amendments will leave a remaining project funding gap of $1,997,472 as shown in Table 8 - Visalia Navigation Center Funding. To close the gap, CSET, the project sponsor, intends to apply for Homeless Housing Assistance and Prevention (HHAP) grant funding and will also request an increase of funding from the County of Tulare. CSET will continue to apply for all applicable grant funds available for the development and operation of the Navigation Center and to pursue fund raising efforts.
Visalia City Council Page 7 of 9 Printed on 8/4/2023
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File #: 23-0286 Agenda Date: 8/7/2023 Agenda #: 6.
Next Steps
Approval of staff's proposals as recommended in this item would result in the following actions:
1. Staff would prepare a FY 2023-24 CDBG Annual Action Plan Substantial Amendment which will be public noticed in conjunction with the Consolidated Annual Performance and Evaluation Report (CAPER) required by HUD and brought back to Council for public hearing, review, and adoption in September 2023; an
2. Staff would prepare a FY 2023-24 Permanent Local Housing Allocation (PLHA) Minor Amendment for City Manager approval and submit the changes to HCD, and to finance to complete the budget amendment, contingent upon receipt.
3. Staff would prepare and record the additional $50,000 appropriation in the FY 2023-24 SAH budget, and the existing 2022-23 appropriation of $200,000 will be rolled into 2023-24 for a total of $250,000 in current SAH funding. The $250,000 SAH appropriation for 2024-25 will be included in the 2-year budget process and brought to Council for adoption as part of the regular budget process next June.
4. Staff would prepare a letter of commitment, addressed to CSET, for the City Manager's signature. This letter would state the City financial commitment to the Navigation Center Visalia City Council Page 8 of 9 Printed on 8/4/2023
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File #: 23-0286 Agenda Date: 8/7/2023 Agenda #: 6.
project is in the total amount of $6,384,662 and that this funding is contingent upon the receipt of grant and PLHA funding.
Prior Council Action: Click or tap here to enter text.
· April 20, 2020 - CDBG 5-year Consolidated Plan approved CDBG funding for the development of a Navigation Center.
· July 20, 2020 - PLHA 5-year plan approved PLHA funding for development and operation of a Navigation Center.
· March 1, 2021 - Council directed staff to release an RFP for development and operation of a Navigation Center.
· June 21, 2021 - Awarded RFP-20-21-26 to CSET for the development and operation of a Navigation Center with the use of CDBG, PLHA, and SAH funds. $200,000 in SAH was appropriated for development funds.
· April 18, 2022 - The 2022 Annual Action Plan appropriated $2,055,205 in CDBG funds for development of the Navigation Center.
· November 7, 2022 - PLHA Amendment 1 appropriated $1,950,182 in PLHA funds for the development of the Navigation Center.
Other: None.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
Staff recommends that Council authorize and direct staff to:
1. Prepare a FY 2023-24 CDBG Annual Action Plan Substantial Amendment to increase $1,129,275 in CDBG development funds for the Navigation Center and return to Council for approval of the amendment after the public comment period; and
2. Prepare and submit a FY 2023-24 PLHA Minor Amendment to use currently budgeted Navigation Center operating and unspent prior year PLHA funds projected at $750,000 for Navigation Center development; and
3. Appropriate $300,000 ($50,000 from FY 23/24 & $250,000 from FY 24/25) from SAH funds for the development of the Navigation Center.
Environmental Assessment Status: Completed.
CEQA Review: Completed.
Attachments: Click or tap here to enter text.
· Attachment A - CSET’s Funding Increase Request
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215
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0288 Agenda Date: 8/7/2023 Agenda #: 7.
Agenda Item Wording:
Request authorization to record the final parcel map for Site Plan Review (SPR) No. 2022-110, located on the southwest corner of East Sweet Avenue and North Ben Maddox Way (APN: 091-072- 018).
Deadline for Action: 8/7/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Keyshawn Ford, Assistant Engineer, [email protected] <mailto:[email protected]>, (559) 713-4268
Lupe Garcia, Civil Engineer, [email protected] <mailto:[email protected]>, (559)713- 4197
Jason Huckleberry, Assistant Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4495
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:
Staff recommends that the City Council authorize the recordation of the final parcel map for SPR No. 2022-110, which was processed under Senate Bill 9 (SB9) which took effect January 1, 2022.
Summary:
The tentative parcel map, which was submitted through the City’s Site Plan Review process under SPR No. 2022-110, is the City’s first tentative parcel map seeking approval under Senate Bill (SB) 9, which took effect January 1, 2022. Under SB 9, known as the “California Housing Opportunity and More Efficiency” (HOME) Act, this bill streamlines the process for a homeowner to create a duplex or subdivide an existing lot. Typically, subdividing property is subject to the discretionary review and approval process (i.e., review and approval by the Planning Commission) but under SB 9, qualifying lot splits are only subject to a ministerial process (i.e., staff level review).
The parcel map as proposed per SPR No. 2022-110 is seeking to subdivide an 11,184 square foot parcel zoned R-1-5 (Single-Family Residential, 5,000 square foot minimum lot area) into two parcels.
Parcel 1 is 5,125 square feet while Parcel 2 is 5,587 square feet, which meet the minimum lot area for an R-1-5 zoned lot.
Background Discussion:
As briefly discussed under the summary section of this report, SB 9 took effect January 1, 2022. This law is two-fold in that it permits homeowners to build up to two homes on an existing parcel and permits a property owner to “split” (i.e., subdivide) their property into parcels on a ministerial basis. To be eligible for streamlining provided by this bill, a parcel must meet a specific list of qualifications as Visalia City Council Page 1 of 3 Printed on 8/4/2023
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File #: 23-0288 Agenda Date: 8/7/2023 Agenda #: 7.
follows:
· Both newly created parcels must each be a minimum of 1,200 sf in size. · The new parcels shall have approximately equal lot area provided that one parcel shall not be smaller than 40% of the lot area of the original parcel. · The lot split cannot result in the demolition or alteration of a housing unit currently serving moderate, low, or very low-income household(s), or classified as a rent-controlled unit. · The lot split cannot result in the demolition or alteration of housing that has been occupied by a tenant in the last 3 years.
· The City must require an affidavit from the applicant which states that they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split.
· The parcel proposed for an urban lot split cannot have been created by a previous SB 9 urban lot split.
· Uses on a lot created by an urban lot split shall be limited to residential uses. · The owner of the parcel being subdivided or another party acting in concert with the owner cannot perform an urban lot split on an adjacent parcel. · Urban lot splits proposed pursuant to SB 9 must be approved ministerially (no public hearing or discretionary approval) and are exempt from the California Environmental Quality Act (CEQA).
The area subject to this parcel map is a vacant parcel located at the southwest corner of East Sweet Avenue and North Ben Maddox Way. The proposed parcel map is subdividing an existing 11,342 square foot parcel into two parcels. The current property owner will also develop each parcel with single-family homes with attached Accessory Dwelling Units (ADUs). The parcel map is dedicating right-of-way along Sweet Avenue and Ben Maddox Way for required frontage improvements. The single-family homes, ADUs, and associated improvements are currently under review with the City under Building Permits No. B226652, B226654, and B233125.
Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final parcel map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final parcel map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map.” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final parcel map pursuant to Section 16.24.080 and require that the City Engineer so indicate on the map; however, staff’s recommendation is that the City Council authorize recordation of the final parcel map and accept all offers of dedication as previously described in this report.
Fiscal Impact:
The recording of this final parcel map will have no fiscal impact. There are no Landscape and Lighting assessment districts required for this final parcel map.
Visalia City Council Page 2 of 3 Printed on 8/4/2023
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File #: 23-0288 Agenda Date: 8/7/2023 Agenda #: 7.
Prior Council Action:
The land was initially subdivided under Parcel Map No. 544, which created the 11,342 square foot parcel. Parcel Map No. 544 was recorded on December 21, 1973.
Other: N/A
Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):
I move to authorize the recordation of the final parcel map for SPR No. 2022-110 as proposed pursuant to Senate Bill 9.
Environmental Assessment Status: N/A
CEQA Review:
CEQA does not apply to ministerial action, pursuant to CEQA Guidelines Section 15268.
Attachments:
1) Final Parcel Map
2) Location Map
3) Aerial Map
4) Development Disclosure Form
Visalia City Council Page 3 of 3 Printed on 8/4/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0289 Agenda Date: 8/7/2023 Agenda #: 8.
Agenda Item Wording:
Request authorization to record the final parcel map for Tentative Parcel Map No. 2023-06, located at the northwest corner of North Cain Street and East Houston Avenue APN: 098-200-070.
Deadline for Action: None
Submitting Department: Community Development
Contact Name and Phone Number:
Sarah MacLennan, Assistant Engineer, [email protected] <mailto:[email protected]>, (599) 713-4622
Lupe Garcia, Civil Engineer, [email protected] <mailto:[email protected]>, (599) 713- 4197
Jason Huckleberry, Assistant Director, [email protected] <mailto:[email protected]>, (559) 713-4495 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025 Department Recommendation:
Staff recommends that the City Council authorize the recordation of the final parcel map for Tentative Parcel Map No. 2023-06.
Background Discussion:
Tentative Parcel Map No. 2023-06 is a request to subdivide a 9.87-acres site into three parcels and a remainder as shown on the final parcel map. Staff finds the final parcel map to be in substantial conformance to the approved tentative parcel map, approved by the Planning Commission on May 22, 2023. The objective of the parcel map is to create three parcels for financing purposes and to facilitate future development based on the underlying zoning designations for each parcel. Parcels 1 and 2 are 2.46 and 0.55 acres in size and are zoned C-N (Neighborhood Commercial). Parcel 3 and the remainder are each 3.43 acres in size and zoned R-M-2 (Multi- Family Residential 3,000 square feet per dwelling unit). Please note a designated “remainder” pursuant to the Subdivision Map Act is not counted as a “parcel” of the tentative parcel map.
Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final parcel map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final parcel map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map.” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The City Council may reject any and all offers of dedication in the final parcel map pursuant to Section 16.24.080 and require that the City Engineer so indicate on the map, however staff’s recommendation is that the City Council authorize recordation of the final parcel map and accept all offers of dedication as previously described in this report.
Visalia City Council Page 1 of 2 Printed on 8/4/2023
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File #: 23-0289 Agenda Date: 8/7/2023 Agenda #: 8.
Fiscal Impact:
The recording of this final parcel map will have no fiscal impact. There are no shared landscapes or lighting improvements or open spaces.
Prior Council Action: None
Committee/Commission Review and Action:
Tentative Parcel Map 2023-06 was approved by the Planning Commission on May 22, 2023.
Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):
I move to authorize the recordation of the final parcel map for Tentative Parcel Map No. 2023-06.
Environmental Assessment Status:
Categorical Exemption 2023-25
CEQA Review:
Categorically Exempt pursuant to CEQA Guidelines Section 15315, Categorical Exemption No 2023-
25. Attachments:
1. Final Parcel Map
2. Location Map
3. Aerial Map
4. Disclosure Development
Visalia City Council Page 2 of 2 Printed on 8/4/2023
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SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF FARSAKIAN PROPERTIES, IN APRIL, 2023 AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED WITHIN ONE YEAR OF THE RECORDATION OF THIS MAP AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. BRIAN S. BORUM, LS 8006 DATE RECORDER'S STATEMENT DOCUMENT NO. FEE PAID: FILED THIS DAY OF , 20 , AT M. IN BOOK OF PARCEL MAPS, AT PAGE , TULARE COUNTY RECORDS, AT THE REQUEST OF BORUM LAND SURVEYING INC. TARA FREITAS, CPA TULARE COUNTY ASSESSOR / CLERK-RECORDER BY DEPUTY BOARD OF SUPERVISORS STATEMENT I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TULARE, STATE OF CALIFORNIA, DO HEREBY STATE THE SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. DATED THIS______DAY OF ______________________, 20___. JASON T. BRITT, TULARE COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS _______________________________________________ DEPUTY CLERK CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPILED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. MICHAEL E. LONG, PLS 6815 DATE CITY PLANNER'S STATEMENT I HEREBY STATE THAT THIS PARCEL MAP CONFORMS TO THE TENTATIVE PARCEL MAP TPM NO. 2023-06, APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON MAY 22, 2023. PAUL BERNAL DATE CITY PLANNER FLOOD HAZARD ZONE AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP (MAP NUMBER 06107C0934E) FOR COMMUNITY NO. 060409, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA, EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIES FULLY WITHIN ZONE X, AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD. CITY CLERK'S STATEMENT THIS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THE _____ DAY OF _________________, AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO APPROVING THIS MAP AND SUBDIVISION AND ACCEPTING ON BEHALF OF THE PUBLIC, SUBJECT TO IMPROVEMENT, THE ADDITIONAL ROAD RIGHT OF WAY AND PEDESTRIAN ACCESS EASEMENT, ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN WITHIN THE BORDER HEREON. WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA THIS _____ DAY OF ______________, 20_____ . _______________________________________________ LESLIE B. CAVIGLIA CITY MANAGER/CITY CLERK _______________________________________________ CHIEF DEPUTY CITY CLERK OWNER'S STATEMENT THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THAT THE CONSENT OF NO OTHER PERSON IS NECESSARY. WE HEREBY OFFER TO DEDICATE AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES: 1. RIGHT OF WAY FOR CAIN STREET IN FEE TO THE CITY OF VISALIA 2. PEDESTRIAN ACCESS EASEMENT TO THE CITY OF VISALIA, AS SHOWN HEREON AND DESIGNATED "PAE" (PEDESTRIAN ACCESS EASEMENT). FOR: FARSAKIAN PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY: NAME: _________________________________________________________ TITLE: ___________________________________________________________ NOTARY ACKNOWLEDGEMENT 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 S.S. ON , BEFORE ME, , A NOTARY PUBLIC, PERSONALLY APPEARED, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEY AUTHORIZED CAPACITY 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. NOTARY PUBLIC SIGNATURE PRINTED NAME: COUNTY OF: COMMISSION EXPIRES: COMMISSION NO: www.borumlandsurveying.com JOB: 202312 MAY 2023 SHEET 1 OF 2 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: REMAINDER OF PARCEL MAP NO. 4016, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, RECORDED IN BOOK 41 OF PARCEL MAPS, PAGE 20, TULARE COUNTY RECORDS. EXCEPTING THEREFROM ALL THAT PORTION CONVEYED TO THE CITY OF VISALIA IN DEED RECORDED JULY 30, 1996 INSTRUMENT NO. 96-053986 OF OFFICIAL RECORDS BEING A DIVISION OF THE REMAINDER OF PARCEL MAP 4016 AS RECORDED IN BOOK 41 OF PARCEL MAPS AT PAGE 20 OF TULARE COUNTY RECORDS AND LOCATED IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 18 SOUTH, RANGE 25 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA. MAY 2023 PARCEL MAP NO. ______ TPM 23-06 N SITE VICINITY MAP N.T.S. E. CECIL AVE. E. HOUSTON AVE. E. SWEET AVE. E. ATKINS AVE.
N. BEN MADDOX WAY E. BUENO VISTA AVE. E. ATKINS AVE. E. PROSPECT AVE. CITY OF VISALIA N. CAIN ST.
227
N0°04'27"E 2638.67'
1383.07' SNF N89°55'34"W 39.94' (N89°55'19"W 39.97')
((N0°04'43"E 2638.42'))
284.20' (284.17') FERGUSON AVENUE BUENA VISTA AVENUE
2354.47'
1311.79' ((1311.79'))
(7.00')
7.00' N89°57'04"E 220.00' 20' CROSS ACCESS EASEMENT PER PM 41/20 10' EASEMENT FOR PEDESTRIAN WALKWAY PER PM 41/20 & DOC. NO. 92-059687 TCOR REMAINDER PARCEL MAP 4016 PM 41/20 GRANT DEED TO CITY OF VISALIA DOCUMENT NO. 96-053986 TCOR EAST GLEN SUB'D UNIT NO. 4 RM 35/95 POR. LOT 9 RM 2/99 PARCEL 1
PARCEL MAP 4016
PM 41/20 10' PAE
55'
55' 36'25' 25' EAST HOUSTON AVENUE
NORTH CAIN STREET 5' DEDICATION FOR RIGHT OF WAY IN FEE TO CITY OF VISALIA PER THIS MAP 2.46 ACRES 107,152 SQFT PARCEL 1 0.55 ACRES 23,760 SQFT PARCEL 2 6.44 ACRES 280,480 SQFT PARCEL 3 N0°12'24"E 739.46' N89°53'46"W 2625.83' N89°57'04"E 1314.05' 585.72' 585.72' Dd 220.00' 365.72' N0°08'43"E 108.00'
108.00' 108.00' 243.69' 259.73'
224.86' 225.51' N89°47'36"W 5.00' 16.14' N89°57'04"E 611.06' 104.01' N0°12'24"E 92.23' N45°04'44"E 28.22' N89°51'17"W 617.13' N86°39'07"W 14.07' S89°39'07"E 63.18' 555.17' (555.27') N86°37'08"W 580.21' 25.04' N0°08'38"E 719.42'
492.04' SNF
N3°04'09"E 120.15'
POR. LOT 11
CAIN TRACT
RM 2/99 1314.04' (N89°57'04"E 1314.04') (N89°53'46"W 1314.03') ((1313.99')) ((N89°53'40"W 2625.78'))
(N86°50'40"W 14.04')
(N86°50'40'W 63.07')
(N86°35'50"W580.31')
(N0°08'43"E 719.49')
(492.00') N45°04'44"E 28.22' Dd N00°12'24"E 92.23' Dd
N03°04'09"E 120.15' Dd S89°47'36"E 5.00' Dd
(N0°12'24"E 739.53') BASIS OF BEARINGS 23 24 25 26 22 20 21 19 32.31' REMAINDER 3.43 ACRES 149,567 SQFT 3.43 ACRES 149,624 SQFT PARCEL 3 31' 1'PAE 1'PAE 31' JOB: 202312 MARCH 2023 SHEET 2 OF 2 LEGENDINDICATES FOUND MONUMENT AS NOTED SET 5/8" X 24" LONG REBAR WITH CAP LS 8006 DOWN 0.5 FEET UNLESS NOTED OTHERWISE NOTHING FOUND NOTHING SET ( ) RECORD DATA PER PARCEL MAP 4016 RECORDED IN BOOK 41 OF PARCEL MAPS AT PAGE 20 TCR OR CALCULATED THEREFROM (( )) RECORD DATA PER RECORD OF SURVEY RECORDED IN BOOK 12 OF LICENSE SURVEYS AT PAGE 86 TCR OR CALCULATED THEREFROM Dd RECORD DATA PER GRANT DEED TO THE CITY OF VISALIA PER DOCUMENT NO. 96-053986 TCOR ILL. ILLEGIBLE BD BRASS DISC PAE PEDESTRIAN ACCESS EASEMENT TCR TULARE COUNTY RECORDS TCOR TULARE COUNTY OFFICIAL RECORDS SNF SEARCHED NOTHING FOUND LINE INDICATES SUBDIVISION BOUNDARY SECTION LINE CENTERLINE ALL DISTANCES IN FEET OR DECIMALS THEREOF BASIS OF BEARINGS THE BASIS OF BEARINGS IS BETWEEN TWO FOUND MONUMENTS ON THE CENTERLINE OF CAIN STREET AND BEARS N00°12"24"E PER PARCEL MAP 4016 AS RECORDED IN BOOK 41 OF PARCEL MAPS AT PAGE 20 OF TULARE COUNTY RECORDS. 60' SCALE: 1"= N 60' 0' 120' BEING A DIVISION OF THE REMAINDER OF PARCEL MAP 4016 AS RECORDED IN BOOK 41 OF PARCEL MAPS AT PAGE 20 OF TULARE COUNTY RECORDS AND LOCATED IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 18 SOUTH, RANGE 25 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA. MAY 2023 PARCEL MAP NO. ______ www.borumlandsurveying.com TPM 23-06 W 1/4 COR. SEC. 21-18/25 FD. BD. IN CONC STAMPED PLS 8634 PER COR.18015 FD. BD. IN CONC STAMPED PLS 8634 PER COR. 18120 FD. 1/2" IP TAGGED RCE 12406 DOWN 20" PER PM 41/20 FD. 1/2" IP NO CAP DOWN 6" PER PM 41/20 FD. BD. IN CONC. STAMPED LS 5676 PER RM 34/43 FD. BD. IN CONC. ILLEGIBLE PER PM 41/20 POSITION FOR SW. COR. SEC. 21-18/25 RE-ESTABLISHED PER PM 4016 MONUMENT DESTROYED PER CITY OF VISALIA NO TIES REMAIN FD. BD IN CONC. DWN 10" ILLEGIBLE S1/4 COR. SEC. 21-18/25 FD. BD. STAMPED RCE 15310 IN CONC. PER COR. 19155 PARCEL 2 PARCEL MAP 4016 PM 41/20 EAST SWEET AVENUE SNF EST. BY PRORATION 227.42' (227.49')
FD. 1/2" IP NO CAP
DOWN 6" PER PM 41/20
NORTH BEN MADDOX WAY NOTE A 20' PUBLIC HIGHWAY EASEMENT TO THE COUNTY OF TULARE, RECORDED IN BOOK 67, AT PAGE 198, TCR, LIES WITHIN THE RIGHT-OF-WAY OF NORTH CAIN STREET. 228
229
230
Form Date: 8/9/07 Page 1 of 2
CITY OF VISALIA
Disclosure Development Project
INCOMPLETE OR LATE SUBMISSION OF DISCLOSURE STATEMENT COULD RESULT IN CONTINUANCE OR DELAY OF YOUR PROJECT.
SITE:
Address or APN(s): _________________________________________________________________________________ Short Title or Name of proposed project: _________________________________________________________________ Summary description of the proposed project: _____________________________________________________________ __________________________________________________________________________________________________ PROPERTY OWNER(S):
If more than two owners, please provide information and signature(s) on a separate sheet.
Name (print) _____________________________________ Name (print) ______________________________________ Mailing Address _________________________________ Mailing Address ___________________________________ _______________________________________________ _________________________________________________ Phone _________________________________________ Phone ___________________________________________ Statement: I/We declare under penalty of perjury that I am/we are the legal owner(s) of the property involved in this application. I/We authorize the person named in this application as the Project Main Contact to act as my/our representative with City Staff regarding the processing of this application. _______________________ ____________________________________________ Date Property Owner Signature
____________________________________________
Print Name & Title
_______________________ ____________________________________________ Date Property Owner Signature
____________________________________________
Print Name & Title
OTHER INVOLVED PARTIES:
Fill in all that apply.
It is planned that the property will be sold to ______________________________________________________________ (Write “none” if property owner(s) do not plan to sell property.) Developer/Builder __________________________________________________________________________________ Mailing Address ____________________________________________________________________________________ Phone _____________________ Fax _____________________
APN No. 090-200-070
TPM 23-06 Cain & Houston
Creation of 3 Parcel and a Remainder on Houston Ave.
John Farsakian
DocuSign Envelope ID: E7A8E316-899B-4D47-9BED-245A8CFB8993 7/18/2023
DocuSign Envelope ID: 82B07D74-F7D0-4E2C-A0ED-2C21EB21499B 3875 W Beechwood Ave Fresno CA 93722
John Farsakian Managing Member
United Health Centers of the San Joaquin Valley
3655 Golden Leaf Drive
Legacy Realty and Development
Westlake Village, CA 91361
559-267-6504
231
Form Date: 8/9/07 Page 2 of 2
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
List the names of all principals, partners, and/or trustees where any property owner and/or developer/builder are a partnership or trust. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
NOTICE: If the above information regarding ownership and interest in this property changes before the project goes before City Council or Planning Commission, it is the responsibility of such parties to notify the City of Visalia of this change(s).
Partners of Farsakian Properties LLC
John Farsakian
Lucille M. Farsakian
Linda L. Farsakian - Wall
Larry R. Farsakian
Hrant A. Farsakian
DocuSign Envelope ID: E7A8E316-899B-4D47-9BED-245A8CFB8993 DocuSign Envelope ID: 82B07D74-F7D0-4E2C-A0ED-2C21EB21499B 232
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0290 Agenda Date: 8/7/2023 Agenda #: 9.
Agenda Item Wording:
Second reading and adoption of Ordinance No. 2023-06 approving the revision to Visalia Municipal Code Chapter 10.16.210, which regulates commercial vehicles in residential zones within the City of Visalia. A Notice of Exemption was prepared for the ordinance amendment in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (Public Resources Code 21083). Notice of Exemption No. 2023-34 disclosed that the revisions to Section 10.16.210 will have no significant effect on the environment because the proposed ordinance will establish objective performance standards that regulate the parking of commercial vehicles in in residential zones.
Deadline for Action: 8/7/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Jesse Villegas, Code Enforcement Officer, (559) 713-4191, [email protected] <mailto:[email protected]> Tracy Robertshaw, Neighborhood Preservation Manager, (559) 713-4187 [email protected] <mailto:[email protected]> Paul Bernal, Community Development Director, (559) 713-4025 [email protected] <mailto:[email protected]>
Department Recommendation:
Staff recommends that the Visalia City Council conduct the second reading and adopt Ordinance No. 2023-06 amending Visalia Municipal Code Section 10.16.210 “Commercial Vehicles in Residential Districts” per the attached Ordinance No. 2023-06.
Summary:
On July 17, 2023, the City Council held a public hearing to consider amending Visalia Municipal Code Section 10.16.210 regarding enforcement concerns and issues related to the parking of the large-scale commercial vehicles in residential districts.
During the public hearing, the City Council received a staff report, staff presentation, and received public comment. No persons spoke in opposition at the City Council meeting, and the City Council voted (5-0) to introduce the first reading of Ordinance No. 2023-06, amending Visalia Municipal Code Section 10.16.210 as provided in the attached ordinance.
The second reading of the Ordinance is the final action the City Council takes in order for amendment of Visalia Municipal Code Section 10.16.210 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
Background Discussion:
During the August 15, 2022 City Council meeting, staff presented a work session item to City Council Visalia City Council Page 1 of 3 Printed on 8/4/2023
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File #: 23-0290 Agenda Date: 8/7/2023 Agenda #: 9.
During the August 15, 2022 City Council meeting, staff presented a work session item to City Council regarding enforcement concerns and issues related to the parking of large scale commercial vehicles in residential districts. The Visalia Municipal Code (VMC) Section 16.16.210 reads as follows:
“No person shall park any commercial vehicle, having an unladen weight exceeding five thousand (5,000) pounds in any residential district except: (a) while loading or unloading property; or (b) when such vehicle is parked in connection with, or in aid of, the performance of a service to or on a property in the block in which such vehicle is parked. A “residence district” shall be determined as per California Vehicle Code, Division 1, Section 240 or Section 515, or as those districts or areas zoned as residential and indicated as such on the city zoning map, including low-medium, and high-density residential.”
Complaints about parking commercial vehicles in residential neighborhoods has been an ongoing occurrence. In the past, issues arose with large semi-trucks and/or their cab, but most recently City staff has received complaints for large commercial vehicles of a lesser scale that are not semi-trucks but violate the ordinance nonetheless due to unladen weight requirements as specified in Section
16.16.210 of the VMC. It is the enforcement of these complaints that has generated concerns and questions from property owners found in violation of the ordinance as it currently reads.
During the work session presentation, public comment received from community members stated that the weight limitation of 5,000 pounds is no longer relevant today since most vehicles/trucks already exceed the weight limitation. In addition, comment was provided about the potential to afford property owners the ability to inquire on exceptions to this ordinance if their residential parcel is large enough to accommodate parking their commercial vehicle on-site without impacting the residential neighborhood and neighboring properties.
Additionally, staff has also received complaints regarding tow trucks being parked in residential areas. This is the result of the employee parking their tow truck vehicle at the home while they are on call. This is prevalent with several tow companies that have contracts with law enforcement agencies that require a 30-minute response to a call for service by officers. The code, as currently written, prohibits these vehicles from being parked within residential zoned areas. However, relocating the vehicle away from the residence would make it impossible to comply with the law enforcement service agreements. Under the proposed changes emergency vehicles that will be allowed to park in residential zones, may include tow trucks, ambulances, and some utility company vehicles.
Based on the information provided in the work session staff report and public comment received, Council directed staff to initiate amendments to VMC Section 10.16.210 for City Council’s consideration at a future meeting.
Fiscal Impact:
None.
Prior Council Action:
· On August 15, 2022, Council received a presentation by staff seeking direction to make changes to Visalia Municipal Code 10.16.210 “Commercial Vehicles in Residential Districts”. · On July 17, 2023, the City Council held a public hearing to introduce Ordinance No. 2023-06. The City Council voted 5-0, to introduce and adopted Ordinance No. 2023-06.
Visalia City Council Page 2 of 3 Printed on 8/4/2023
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File #: 23-0290 Agenda Date: 8/7/2023 Agenda #: 9.
Other: N/A
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
I move to approve the second reading of Ordinance No. 2023-06 amending Visalia Municipal Code Section 10.16.210 “Commercial Vehicles in Residential Districts”.
Environmental Assessment Status:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) which states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed ordinance will establish objective performance standards that regulate the parking of commercial vehicles in residential zones.
CEQA Review:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption (NOE No. 2023-34) has been prepared for the project.
Attachments:
1. Ordinance No. 2023-06 - Amending Section 10.16.210 Parking commercial vehicles in residential districts.
2. City Council Introduction and First Reading Staff Report dated July 17, 2023 Visalia City Council Page 3 of 3 Printed on 8/4/2023
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ORDINANCE NO. 2023-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING SECTION 10.16.210 OF THE VISALIA MUNICIPAL CODE REGULATING
COMMERCIAL VEHICLES IN A RESIDENTIAL ZONE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA SECTION 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City of Council of the City of Visalia hereby makes the followings findings:
A. Commercial vehicles affect quality of life when parked or stored in residential districts.
B. The current code identifies commercial vehicles by weight, which is no longer relevant because most vehicles today exceed the weight limitation.
C. In order to make the code relevant commercial vehicles should be identified by the commercial license that is required to operate them and not by the weight.
SECTION 2. The Visalia City Council hereby approves the following revision to Visalia Municipal Code Chapter 10.16.210, which regulates commercial vehicles in residential zones within the City of Visalia, as specified by underline & italics for additions and strikeout for deletions:
10.16.210 Parking commercial vehicles in residential district No person shall park any commercial vehicle, having an unladen weight exceeding five thousand (5,000) pounds in any residential district except:
(a) while loading or unloading property; or (b) when such vehicle is parked in connection with, or in aid of, the performance of a service to or on a property in the block in which such vehicle is parked. A “residence district” shall be determined as per California Vehicle Code, Division 1, Section 240 or Section 515, or as those districts or areas zoned as residential and indicated as such on the city zoning map, including low-medium, and highdensity residential. SECTION 3. The City Council intends this Ordinance to supplement, not contradict applicable state law and this Ordinance shall be construed in light of that intent.
236
10.16.210 Parking commercial vehicles in residential district A. No person shall park any commercial vehicle that would require a Class A or Class B Commercial Divers License (CDL) in any residential district except as follows:
1. While loading or unloading property; or
2. When such vehicle is parked in connection with, or in aid of, the performance of a service to or on a property in the block in which such vehicle is parked, or an authorized emergency vehicle or other vehicles parked in compliance with a law enforcement service agreement.
3. In a manner not affecting the flow of traffic while parked on the street.
B. For the purpose of this section the following definitions are defined as follows:
1. A “residence district” shall mean those districts or areas zoned as residential and indicated as such on the city general plan land use and zoning maps, including land use designations of very-low, low, medium and high density residential, and zoning designations of R-1-5, R-1-12.5, R-1-20, R-M-2, and R-M-3.
2. Class A CDL as defined per the State of California Department of Motor Vehicles Commercial Driver Handbook.
3. Class B CDL as defined per the State of California Department of Motor Vehicles Commercial Driver Handbook.
C. Notwithstanding the provisions of subsection A of this section, for those properties with a zoning classification of R-1 R-1-12.5, R-1-20, R-M-2, and R-M-3, which also have a lot size greater than 10,000 square feet, it is lawful to park or permit to be parked a commercial vehicle requiring a Class A or Class B license on private property if all of the following conditions are met:
1. No more than one commercial vehicle shall be parked on any parcel or private property.
2. The commercial vehicle shall be parked on a paved driveway or other improved non-pervious parking surface per city’s paving standards and must not block the sidewalk.
3. The commercial vehicle shall be parked behind a six-foot high wood fence or gate constructed of permitted materials and shall screen the vehicle from the public street(s).
4. The vehicle shall not be parked in the minimum required front yard and/or side yard setbacks of any lot.
5. That a permit shall be applied for and issued administratively by the Community Development Director, with additional limitations as deemed reasonably necessary by the Director, prior to parking a commercial vehicle on a residential parcel.
237
6. The permit may be revoked by Community Development Director upon violation of any condition stated in the permit or this ordinance unless such violation is corrected within ten (10) days of notice of such violation.
7. If the event of a denial, revocation, or objections to limitations listed in the issuance of the permit an appeal may be made in writing to the planning commission in the same manner as an appeal under Visalia Municipal Code section 17.28.050.
SECTION 3. The City Council intends this Ordinance to supplement, not contradict applicable state law and this Ordinance shall be construed in light of that intent.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. This Ordinance shall take effect thirty days after its adoption.
SECTION 6. The City Clerk Shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law. 238
Agenda Item Wording:
..title
Public Hearing and first reading of Ordinance 2023-06 revising Visalia Municipal Code Chapter 10.16.210 Parking Commercial Vehicles in Residential Districts. A Notice of Exemption was prepared for the ordinance amendment in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (Public Resources Code 21083). Notice of Exemption No. 2023-34 disclosed that the revisions to Section 10.16.210 will have no significant effect on the environment because the proposed ordinance will establish objective performance standards that regulate the parking of commercial vehicles in in residential zones. ..body
Deadline for Action: 7/17/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Jesse Villegas, Code Enforcement Officer, (559) 713-4191, [email protected] Tracy Robertshaw, Neighborhood Preservation Manager, (559) 713-4187 [email protected]
Paul Bernal, Community Development Director, (559) 713-4025 [email protected] Department Recommendation:
Staff recommends that the Visalia City Council hold a public hearing, receive a presentation, staff report, and introduce the first reading of Ordinance 2023-06, amending Visalia Municipal Code Section 10.16.210 as revised per the attached Ordinance No. 2023-06.
Background Discussion:
During the August 15, 2022 City Council meeting, staff presented a work session item to City Council regarding enforcement concerns and issues related to the parking of large scale commercial vehicles in residential districts. The Visalia Municipal Code (VMC) Section 16.16.210 reads as follows:
“No person shall park any commercial vehicle, having an unladen weight exceeding five thousand (5,000) pounds in any residential district except: (a) while loading or unloading property; or (b) when such vehicle is parked in connection with, or in aid of, the performance of a service to or on a property in the block in which such vehicle is parked. A “residence district” shall be determined as per California Vehicle Code, Division 1, Section 240 or Section 515, or as those districts or areas zoned as residential and indicated as such on the city zoning map, including low-medium, and high-density residential.” Complaints about parking commercial vehicles in residential neighborhoods has been an ongoing occurrence. In the past issues arose with large semi-trucks and/or their cab, but most recently City staff has received complaints for large commercial vehicles of a lesser scale that are not semi-trucks but violate the ordinance nonetheless due to unladen weight requirements as specified in Section 16.16.210 of the VMC. It is the enforcement 239
of these complaints that has generated concerns and questions from property owners found in violation of the ordinance as it currently reads.
During the work session presentation, public comment received from community members stated that the weight limitation of 5,000 pounds is no longer relevant today since most vehicles/trucks already exceed the weight limitation. In addition, comment was provided about the potential to afford property owners the ability to inquire on exceptions to this ordinance if their residential parcel is large enough to accommodate parking their commercial vehicle on-site without impacting the residential neighborhood and neighboring properties.
Additionally, staff has also received complaints regarding tow trucks being parked in residential areas. This is the result of the employee parking their tow truck vehicle at the home while they are on call. This is prevalent with several tow companies that have contracts with law enforcement agencies that require a 30-minute response to a call for service by officers. The code, as currently written, prohibits these vehicles from being parked within residential zoned areas. However, relocating the vehicle away from the residence would make it impossible to comply with the law enforcement service agreements. Under the proposed changes emergency vehicles that will be allowed to park in residential zones, may include tow trucks, ambulances, and some utility company vehicles.
Based on the information provided in the work session staff report and public comment received, Council directed staff to initiate amendments to VMC Section 10.16.210 for City Council’s consideration at a future meeting.
Chamber of Commerce Meeting and Presentation
On October 12, 2022, staff, at the request of the Visalia Chamber of Commerce, presented and met with local business owners in attendance, to discuss potential changes to Section 10.16.210. Several business owners whose employees take home commercial vehicles that exceed the 5,000-pound unladen weight limit expressed their interest to find solutions that would permit their employees drive these vehicles home, but also understood the importance of not having these vehicles become a visual nuisance to residential neighborhoods.
The meeting resulted in identify reasonable solutions that have resulted in the proposed ordinance amendments to Section 10.16.210 as discussed below.
Proposed Revisions to Section 10.16.210:
Section 10.16.210 currently reads:
No person shall park any commercial vehicle, having an unladen weight exceeding five thousand (5,000) pounds in any residential district except: (a) while loading or unloading property; or (b) when such vehicle is parked in connection with, or in aid of, the performance of a service to or on a property in the block in which such vehicle is parked. A “residence district” shall be determined as per California Vehicle Code, Division 1, Section 240 or Section 515, or as those districts or areas zoned as 240
residential and indicated as such on the city zoning map, including low-medium, and high-density residential.
Changes to City of Visalia Municipal Code, as specified by underline & italics for additions:
New Section 10.16.210.A:
A. No person shall park any commercial vehicle that would require a Class A or Class B Commercial Divers License (CDL) in any residential district except as follows:
1. While loading or unloading property; or
2. When such vehicle is parked in connection with, or in aid of, the performance of a service to or on a property in the block in which such vehicle is parked, or an authorized emergency vehicle or other vehicles parked in compliance with a law enforcement service agreement.
3. In a manner not affecting the flow of traffic while parked on the street.
Staff Analysis:
The revision to Section 10.16.210.A, as noted above, does away with the unladen weight requirement and identifies commercial vehicles that require a Class A or B license as being prohibited from parking in residential areas except for the purpose of loading/unloading or parked in connection with, or in aid of, the performance of a service to or on a property, and as permitted pursuant to Section 10.16.210.C as noted below.
New Section 10.16.210.B:
B. For the purpose of this section the following definitions are defined as follows:
1. A “residence district” shall mean those districts or areas zoned as residential and indicated as such on the city general plan land use and zoning maps, including land use designations of very-low, low, medium and high density residential, and zoning designations of R-1-5, R-1-12.5, R-1-20, R-M-2, and R-M-3.
2. Class A CDL as defined per the State of California Department of Motor Vehicles Commercial Driver Handbook.
3. Class B CDL as defined per the State of California Department of Motor Vehicles Commercial Driver Handbook.
Staff Analysis:
The addition of Section 10.16.210.B provides definitions as noted above to clarify a residential zone district and Class A and B licenses as defined by the California Department of Motor Vehicles.
New Section 10.16.210.C:
C. Notwithstanding the provisions of subsection A of this section, for those properties with a zoning classification of R-1 R-1-12.5, R-1-20, R-M-2, and R-M-3, which also have a lot size greater than 10,000 square feet, it is lawful to park or permit to be 241
parked a commercial vehicle requiring a Class A or Class be license on private property if all of the following conditions are met:
1. No more than one commercial vehicle shall be parked on any parcel or private property.
2. The commercial vehicle shall be parked on a paved driveway or other improved non-pervious parking surface per city’s paving standards and must not block the sidewalk.
3. The commercial vehicle shall be parked behind a six-foot high wood fence or gate constructed of permitted materials and shall screen the vehicle from the public street(s).
4. The vehicle shall not be parked in the minimum required front yard and/or side yard setbacks of any lot.
5. That a permit shall be applied for and issued administratively by the Community Development Director, with additional limitations as deemed reasonably necessary by the Director, prior to parking a commercial vehicle on a residential parcel.
6. The permit may be revoked by Community Development Director upon violation of any condition stated in the permit or this ordinance unless such violation is corrected within ten (10) days of notice of such violation.
7. If the event of a denial, revocation, or objections to limitations listed in the issuance of the permit an appeal may be made in writing to the planning commission in the same manner as an appeal under Visalia Municipal Code section 17.28.050.
Staff Analysis:
The addition of Section 10.16.210.C identifies objective performance standards that may otherwise permit a commercial vehicle that requires either a Class A or B licenses from parking in a residential zone subject to meeting the standards as noted above. As an example, a large tow truck vehicle or utility work truck that requires a Class B license to operate may be permitted to park in a residential zone (i.e., on-site), but the commercial tow truck vehicle is required to be parked outside of the required front and side yard setback areas, must be located behind a six-foot fence, parked on a paved surface and must obtain a parking permit. Failure to comply with any of the proposed objective performance standards will result in the commercial parking permit request being denied.
Conversely, if the objective performance standards can be met, failure to adhere to these requirements will result in revocation of said permit.
Fiscal Impact:
The administrative fee that will be applied to this parking permit is $35.00. This fee is similar to the Home Occupation Permit fee assessed for staff’s review of all Home Occupation Permits.
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Prior Council Action:
On August 15, 2022, Council received a presentation by staff seeking direction to make changes to Visalia Municipal Code 10.16.210 “Commercial Vehicles in Residential Districts.”
Other: N/A
Alternatives:
The City Council may, in lieu of staff recommendation, choose to leave Section 10.16.210 of the VMC unchanged.
Recommended Motion (and Alternative Motions if expected):
..recommendation
I move to introduce the first reading of Ordinance No. 2023-06, amending Visalia Municipal Code Section 10.16.210 as provided in the attached ordinance. ..end
Environmental Assessment Status:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) which states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed ordinance will establish objective performance standards that regulate the parking of commercial vehicles in residential zones.
CEQA Review:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption (NOE No. 2023-34) has been prepared for the project.
Attachments:
1. Ordinance No. 2023-06 – Amending Section 10.16.210 Parking commercial vehicles in residential districts
2. PowerPoint Presentation
3. Notice of Exemption No. 2023-34
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0295 Agenda Date: 8/7/2023 Agenda #: 10.
Agenda Item Wording:
Consideration of mural application requests from Arts Consortium for two murals - one on the east face of the south-facing façade, and one on the west-facing façade - on the Lofts at Fort Visalia mixed use residential development located at 340 East Oak Avenue (northwest corner of Oak Avenue and Bridge Street).
Deadline for Action: 8/7/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, (559) 713-4636, [email protected] <mailto:[email protected]>
Paul Bernal, Community Development Director, (559) 713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:
Staff recommends, based on the recommendation of the Mural Panel, that the two mural applications for the proposed murals located at 340 East Oak Avenue be approved as shown in Attachments 2 and 6.
Background Discussion:
The City of Visalia received two mural applications on May 31, 2023, from Arts Consortium, representing Self-Help Enterprises who is the property owner of 340 East Oak Avenue, for murals to be painted on two separate facing walls on the under-construction Lofts at Fort Visalia mixed use residential development. It has been the intention of Self-Help Enterprises, since 2019 when entitlements were approved, for the mixed-use building to feature a mural depicting the historical nature of the site. The inclusion of the murals would honor the history of this location as the original site of Fort Visalia, based on various sources, and honor the geographic setting and the cultures of the area’s original inhabitants. The applicant, Arts Consortium, has collaborated with Self-Help Enterprises to hold a call to artists for mural proposals to be submitted for consideration. Ultimately, two mural submissions were selected from local artists. Work on the murals is expected to begin in August 2023, in coordination with the construction work and the completion schedule of each façade.
Each mural will be completed within a three week production period.
Mural ‘A’
Mural ‘A’ will be visible from the intersection of Oak Avenue and Bridge Street and will measure 15- feet, 4-inches wide by 21-feet, 10-inches tall. The mural application (see Attachment 1), a rendering of the original mural submitted by the applicant (see Attachment 2), a picture of the mural imposed over the building wall (see Attachment 3), and a photo of the existing wall (see Attachment 4) are Visalia City Council Page 1 of 4 Printed on 8/4/2023
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File #: 23-0295 Agenda Date: 8/7/2023 Agenda #: 10.
attached.
This mural is intended to convey an image of the setting of the area that Visalia was settled upon, with an abstract depiction of Fort Visalia in the lower foreground of the composition. Notable elements of the mural include oak leaves, foothills, Lake Kaweah with rivers and creeks flowing towards the valley, and the Sierra Nevada mountain range. The sun’s rays are influenced by basket weaves from Yokut people that are on display at the Tulare County History Museum. This mural is designed by Michael Vasquez who resides in Fresno and has created artwork for institutions around Fresno. The mural will be completed with professional grade, light fast acrylic paints and will receive an anti-graffiti coating when finished.
Mural ‘B’
Mural ‘B’ will be visible from the intersection of Oak Avenue and Garden Street and will measure 10- feet wide by 32-feet, 4-inches tall. The mural application (see Attachment 5), a rendering of the original mural submitted by the applicant (see Attachment 6), a picture of the mural imposed over the building wall (see Attachment 7), and a photo of the existing wall (see Attachment 8) are attached.
This mural is intended to create a single visual character that ties together references to agriculture, local natural lands, patterns found in the architecture of prominent Visalia buildings, and patterns in the works of the Yokut people that have originally resided in the area. This mural is designed by Eric Rodriguez, who was born and raised in Visalia and has previously produced wall art on storefronts in downtown Visalia and upon public utility boxes and public spaces in southern California. The mural will be completed with professional-grade exterior latex paint and will receive an anti-graffiti coating when finished.
Mural Panel Review
In accordance with the City’s mural guidelines and procedures (see Attachment 10), the Mural Panel, consisting of a representative from the Arts Consortium (Mary Jo Eastes), Arts Visalia (Alison Schlick Miniaci), and a mayoral appointment (Walter Deissler) convened to review the application. (Note:
Ampelio Mejia has historically served on the Mural Panel as the Arts Consortium representative, but due to his involvement in the selection process of the proposed murals, Mary Jo Eastes who serves on the board of directors represented the Arts Consortium for this meeting only.) The purpose of the Mural Panel is to assure compliance with local ordinances, the mural guidelines, and to determine whether the artist can produce a quality piece of art. All members of the Mural Panel, together with a representative from Self-Help Enterprises, the artists, and Parks Director Kelli Kincaid, met on July 14, 2023, to discuss the murals.
The Mural Panel was provided with the application materials, the renderings, and work samples from the artists. For both murals, the Mural Panel was favorable to the artwork and had no concerns with the artists’ abilities to prepare a quality mural. The Panel praised the designs, color spectrum, and straight-forward approach of the artwork on both murals, recognizing their similarities while recognizing each conveyed a unique image.
During the meeting, considerable discussion was given toward the stylized patterns found in both murals that were influenced by the local indigenous communities. Both artists were able to cite sources from local tribes that inspired the depiction of the stylized elements. The Mural Panel made a motion for both murals that the submissions were found acceptable for meeting the guidelines, but contingent upon the murals being presented to local tribal representatives and obtaining permission and acknowledgement that the use of the stylized patterns were affirmatively representative of the Yokut people.
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File #: 23-0295 Agenda Date: 8/7/2023 Agenda #: 10.
Following the meeting, Self-Help Enterprises reached out to representatives from the Tule River Indian Tribe, one of the local communities of the Yokuts. Through email correspondence with a tribe board chairperson, it was confirmed that the visual depictions and patterns utilized in the murals are accurate symbology utilized by the Yokut people, and that there was no concern with the utilization of the symbology. It was further noted by the tribal member that an internet search of “Yokut basket designs” would yield similar patterns and designs used by the people. Self-Help Enterprises also reached out to the Santa Rosa Rancheria Indian Tribe, which is also a local community of the Yokuts, though the tribe was not able to provide comment prior to the Council meeting. Given the response received from the Tule River Tribe, staff followed up again with the Mural Panel, and they provided their consent that the condition in their original motion was satisfactorily met.
Mural Agreement
The City’s mural guidelines requires that the property owner and applicant enter into an agreement that identifies the terms and conditions under which the mural will be applied. A draft of the mural agreement is attached to this report as Attachment 9, should the City Council elect to approve the mural applications.
Fiscal Impact:
No fiscal impact to the City. The applicant and artists are responsible for the installation, maintenance, and removal of the murals.
Prior Council Action: No prior Council action related to mural proposals on this site.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
I move to approve the applications for two murals located on the west façade and the east side of the south façade of the Lofts at Fort Visalia mixed use residential development located at 340 East Oak Avenue as shown in Attachments 2 and 6.
Environmental Assessment Status:
The mural is considered Categorically Exempt under Section 15311 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA), as amended, due to the project being a placement of minor structure accessory to existing facilities including but not limited to signs.
CEQA Review:
The mural is considered Categorically Exempt under Section 15311 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA), as amended, due to the project being a placement of minor structure accessory to existing facilities including but not limited to signs.
Attachments:
Attachment 1: Mural ‘A’ Application.
Attachment 2: Mural ‘A’ Rendering.
Attachment 3: Elevation of wall with Mural ‘A’.
Attachment 4: Existing elevation at Oak & Bridge.
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File #: 23-0295 Agenda Date: 8/7/2023 Agenda #: 10.
Attachment 5: Mural ‘B’ Application.
Attachment 6: Mural ‘B’ Rendering.
Attachment 7: Elevation of wall with Mural ‘B’.
Attachment 8: Existing elevation at Oak & Garden.
Attachment 9: Draft Mural Agreement.
Attachment 10: Mural Guidelines.
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Application No. ____ _
Date Received ------
IMPORTANT! PLEASE CAREFULLY READ THE MURAL GUIDELINES AND PROCEDURES BEFORE COMPLETING THIS APPLICATION.
You will be notified within thirty (30) days whether the application has been accepted. After filing a complete application for a mural, it will be refen-ed to the Visalia Mural Panel for consideration and action. The time required to process a mural application will vary but will be a maximum of 90 days from application submittal.
This MURAL APPLICATION must be filled out completely and with full answers to every statement and question. This application must be signed by the individual or group proposing the mural, the artist and the owner(s) of the property on which the mural is to be installed.
APPLICANT:
Arts Consortium Name of Applicant: ____________________ Telephone: 559 -772-0001 Address of Applicant:
PO Box 269 6 - Visalia CA, 93279
E-Mai'l Address·. [email protected]
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Michael Vazquez 559 779 2755 Name of Mural Artist: ___________________ Telephone: ___ -__ ______ _ -
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