Agenda packet — Visalia City Council, August 21, 2023 (part 3 of 3)

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City of Visalia
District F
Legend
Railroad
Waterways
Parcels
Waterways
basins
Parks
R. Conaway 12/19
1:13,000
389
RFB-22-23-07 EXHIBIT D-1
Quadrant F 441,192 Total Sq. Ft.

Area Description Turf Sq Ft Planter Sq. Ft.

Diamond Creek #1 6,212 3,308
Diamond Creek #3 6,470 4,864
Diamond Creek #3, Riparian Area 9,000 -
Eagle Glenn #1 6,470 4,864
Eagle Glenn #2 11,331 16,660
Eagle Glenn #4 3,550 13,750
Eagle Glenn #5 8,510 23,890
Magestic Oak Pocket Park 29,900 14,961
McAuliff Ranch #1 5,288 7,243
McAuliff Ranch #2 2,208 3,234
Montecito/Casablanca 37,450 21,240
Souza Magestic Oak #1 26,147 14,940
Wood Ranch Unit 1 Pocket Park 8,023
Quail River 105,026
Candelas 28,155
Deelyna Ranch - Wood Ranch Phase 3&4 12584
Deelyna Ranch - Wood Ranch Pocket Park 5914
152,536 288,656 441,192

LANDSCAPE MAINTENANCE OF QUADRANT F
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411

LEVELS OF SERVICE
The City of Visalia prefers the highest level of service for all areas of the Quadrant. Most areas in all Quadrants have funding that can support the highest level of service. However, there are rare instances when the available funding in a particular area of a Quadrant will require the City to reduce the costs for that area by reducing the level of service (frequency of service) for that area. Therefore, the City of Visalia reserves the right to assign a service level of less frequency (Level B or Level C Service) to specific areas of a Quadrant when City deems necessary.

The City will provide the Contractor with 30 days advance written notice listing the area and square footages for which service shall be reduced and the effective day of service reduction. City will also automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.

Service
Level
Frequency of Service Number of
Services
Annually
Percentage by
which
Contractor’s
price will be
reduced
A Once per week
intervals
52 -
B Two-week intervals 26 25%
C Once per month
intervals
12 33%
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0317 Agenda Date: 8/21/2023 Agenda #: 12.

Agenda Item Wording:

Request authorization to initiate proceedings for the modifications of the Landscape and Lighting Assessment District No. 16-01 "Di Mello Toscana" (Resolution No. 2023-38) (APN: 077-720-002).

Deadline for Action: 8/21/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Lupe Garcia, Civil Engineer, [email protected] <mailto:[email protected]>, (559) 713- 4197
Jason Huckleberry, Assistant Com Dev Director, [email protected] <mailto:[email protected]>,
(559) 713-4495
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that City Council initiate the proceedings for the modifications of improvements in Landscape and Lighting Assessment District No. 16-01 "Di Mello Toscana" (Resolution No. 2023-38).

Background Discussion:

In 2020, plans for the development of Visalia RV Storage Park were submitted to the city under Building Permit No. B204641. The proposed development is a 5.7-acre RV storage facility with 157 stalls, a 2.7-acre space designated for a future self-storage facility, and 0.8 acres of land for the development of three single-family residences. The Conditional Zoning Agreement (CZA) No. 2019- 10, requires the RV storage park development to relocate the existing pedestrian access trail from Elowin Street to the walking path around the City’s storm basin referred to as the “Piano Basin” to accommodate the three proposed single-family residences (reference the attached “CZA No. 2019- 10 Plat”). Currently, the existing trail is part of the “Di Mello Toscana” Landscape and Lighting Assessment District 16-01 and requires authorization to modify the landscape and lighting district. In this instance, the amount being assessed against the landscape and lighting district would decrease.

Upon approval of Resolution No. 2023-38, seeking authorization to initiate proceedings for the modifications of Landscape and Lighting Assessment District No. 16-01 "Di Mello Toscana", staff would then come back to Council for their consideration requesting authorization for the modification of improvements and levying the annual assessments in Landscape and Lighting Assessment District No. 16-01, which will be presented as a public hearing item at the September 18, 2023 City Council meeting.

Under paragraph (a) of the California Streets and Highways Code, Section 22626, notification of the resolution pertaining to the Landscape and Lighting Assessment District No. 16-01 amendment will Visalia City Council Page 1 of 3 Printed on 8/18/2023
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File #: 23-0317 Agenda Date: 8/21/2023 Agenda #: 12.
resolution pertaining to the Landscape and Lighting Assessment District No. 16-01 amendment will be published pursuant to the California Streets and Highways Code, Section 22552 and Section 22553. Under California Government Code, Section 6060 and 6061, the publication will be published one time at least 10 days prior to the September 18, 2023 City Council meeting in the Visalia Times Delta newspaper.

Modification of Landscape and Lighting District No 16-01:

The City of Visalia has been allowing the developers of subdivisions to form assessment districts under the Landscape and Lighting Act of 1972, and now under Proposition 218, in lieu of using homeowner’s associations for the maintenance of common features such as landscaping, irrigation systems, streetlights, street trees, and local streets. The maintenance of these improvements is a special benefit to the development and enhances the land values to the individual property owners in the district.

On April 18, 2016, the City Council approved the formation of Landscape and Lighting Assessment District No. 16-01 “Di Mello Toscana”, including 116 lots. The City would need permission from the individual owners in the existing district if the modification of the existing Landscape and Lighting District No. 16-01 would cause the per lot assessment in the Engineer’s report to increase, which is not occurring at this time. The reduction in overall landscape square footage will result in a reduced annual assessment, to be determined by a formal Engineer’s Report.

Fiscal Impact:

The 116-lots will be contributing to the Landscape and Lighting Assessment District 16-01 created for maintenance of common features related to this subdivision. The new annual lot assessment is expected to decrease.

Prior Council Action:
· On December 16, 2019, the City Council approved the Second Amendment to Conditional Zoning Agreement No. 2005-02, per Conditional Zoning Agreement No. 2019-10. · On April 18, 2016, the City Council approved for recordation the Final Map Di Mello Toscana and authorized the formation of Landscape and Lighting Assessment District No. 16-01. · On June 10, 1987, the City Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions
Other:
· On October 28, 2019, the Planning Commission approved the Second Amendment to Conditional Zoning Agreement 2005-02.
· On June 26, 2006, the Planning Commission approved the Tentative Subdivision Map 5516 for “Di Mello Toscana”.

Alternatives: N/A
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File #: 23-0317 Agenda Date: 8/21/2023 Agenda #: 12.

Recommended Motion (and Alternative Motions if expected):

I move to initiate the proceedings for modification of the Landscape and Lighting Assessment District No. 16-01 "Di Mello Toscana" (Resolution No. 2023-38). APN: 077-720-002.

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

1. Resolution No. 2023-38

2. Aerial Map

3. Di Mello Toscana Final Map

4. CZA No. 2019-10 Plat
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RESOLUTION NO. 2023-__

RESOLUTION INITIATING PROCEEDINGS

FOR MODIFICATIONS OF IMPROVEMENTS
IN DISTRICT 16-01 Di Mello Toscana
(Pursuant to Landscape and Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council proposes to modify the improvements in the assessment district pursuant to the Landscaping & Lighting act of 1972 (Section 22500 and following, Streets & Highways Code) for the purpose of the following improvement modifications:
a. The Modifications will result in a removal of 11,202 square foot of landscape maintenance area and a reduction of 13 landscape trees from the existing district. b. All other improvements in the assessment district shall remain unchanged.

2. The modified district shall remain designated as “Assessment District No. 16-01, City of Visalia, Tulare County, California”, and shall include the land shown on the map designated “Amended Assessment Diagram, Landscape & Lighting Assessment District No. 16-01, Di Mello Toscana”, which is on file with the City Clerk and is hereby approved and known as “Di Mello Toscana.”

3. The City Engineer of the City of Visalia is the designated engineer for the purpose of these proceedings. The Engineer will file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscape & Lighting Act of 1972 to describe the revised improvements, boundaries, and proposed assessment upon the assessable lots and parcels of land within District 16-01. This report is expected to show the annual assessment to decrease per lot.

4. The City Council, on September 18, 2023 shall hold a public hearing to decide whether to modify the improvements and reduce the assessments on District 16-01 based on the report by the Engineer.

5. Notice of hearing shall be provided pursuant to Streets & Highways Code Section 22626.

PASSED AND ADOPTED: _____________ ____, 2023 LESLIE B. CAVIGLIA, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2023-__ passed and adopted by the Council of the City of Visalia at a regular meeting held on ______________ ____, 2023.

Dated: Leslie B. Caviglia, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0319 Agenda Date: 8/21/2023 Agenda #: 13.

Agenda Item Wording:

Authorize City staff to initiate the Measure N amendment process to appropriate $174,200 and advance the purchase of one (1) Ford Police Interceptor for from FY 24/25 and replace a wrecked Measure N funded Dodge Charger; and appropriate $14,200 to address the budget shortfall for FY 23/24 vehicle purchases.

Deadline for Action: 8/21/2023
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]> ; Captain Dan Ford, ext. XXX, [email protected] <mailto:[email protected]> ; Financial Analyst Liz Ybarra, ext.4250, [email protected] <mailto:[email protected]>
Department Recommendation:

Authorize City staff to initiate the Measure N amendment process to appropriate $174,200 and advance the purchase of the one (1) Ford Police Interceptor for FY 24/25 and purchase one (1) Ford Police Interceptor to replace a Measure N funded Dodge Charger, that was wrecked and totaled by a drunk driver. In addition staff is requesting to appropriate an additional $14,200 to address the budget shortfall for FY 23/24 vehicle purchases.

Summary:

On June 19th, 2023, City Council approved an amendment to Measure N for the purchase of two (2) Dodge Charger patrol vehicles that were originally budgeted in FY 21/22 and 22/23. The vehicles had not been purchased in previous years due to low inventory and vehicle cost increases. This approval was provided after staff had presented to the Measure N Committee and conducted two Public Hearings.

Since presenting and receiving approval to increase the allocation, staff were notified that Dodge was no longer going to produce gas-powered Dodge Chargers in 2024, and due to high demand, there is no 2023 models available for purchase. Staff have since identified the Ford Police Interceptor (patrol rated Ford Explorer) as the only suitable replacement for the Dodge Charger. The cost of the Explorer is more than the recently adjusted budget and will require an additional $14,200 for the purchase of the two vehicles currently in the budget. These two vehicles are part of the contract award that is also being requested tonight. Due to Measure N budget amendment requirements, the funding must go through a separate process. In addition,staff is requesting to advance the purchase of one (1) Ford Police Interceptor from FY24/25 (outlined in the Measure N Plan) and replace an existing Measure N 2019 Dodge Charger that was wrecked due to a drunk driver. The advance purchase is due to an anticipated supply shortage.

Visalia City Council Page 1 of 3 Printed on 8/18/2023
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File #: 23-0319 Agenda Date: 8/21/2023 Agenda #: 13.

Background Discussion:

In 2010, the Department began using the Dodge Charger as the standard patrol vehicle. The Charger was a replacement for the discontinued Ford Crown Victoria Police Interceptor and has been in use by the Department since that time. The Department was notified in the spring of 2023 that Dodge would discontinue production of the Charger in 2024; however, Dodge indicated at that time they would still be able to fulfill orders made through the 23/24 budget cycle. In July of 2023, due to unprecedented demand, the Department was notified that all available Chargers had been purchased prior to our anticipated order date in September-October 2023. This unanticipated circumstance has resulted in numerous police departments having to identify a suitable replacement option for the Dodge Charger, while significantly increasing demand for the remaining gas-powered patrol vehicle options. This increased demand will likely last several years as organizations and the automotive industry adapt to EV legislation.

Staff analyzed several options for replacement of the Dodge Charger and determined that Ford Police Interceptor would be the best option. The Police Interceptor is very similar to the Dodge Charger in performance, maintenance, and overall cost (including estimated purchase, upfit, fuel, and maintenance cost. Overall, the Police Interceptor is the cheapest alternative to the Dodge Charger.

Despite being the cheapest alternative, the Police Interceptor is still more expensive than the Dodge Charger. Using FY 22/23 pricing models, the Police Interceptor was approximately $4,500 more than the Dodge Charger. Although the actual cost has not been released by Ford, staff are estimating a 5- 7% cost increase. The primary reason for this increase is related to the increased demand for gaspowered vehicles despite limited options and supply. Based on research, staff estimate a total cost of $87,071 per vehicle. This includes a base price of $53,500; upfit cost of $26,750; and tax of $6,821.

Staff believe that due to the increasing demand and limited supply, as well as manufacturing trends in the automotive industry that are directed towards production of EV rated vehicles, the cost of patrol vehicles will continue to increase moving forward. Additionally, limited supply will likely make it more difficult for vendors to fulfill orders moving forward. In speaking with the vendor, staff believe that there will be sufficient supply to meet the needs of the City this year but will become more difficult in subsequent years. The Department experienced a similar supply shortage in FY 21/22 when supplies were limited due to COVID, and vendors were unable to provide any of the vehicles ordered by the Department.

Due to the anticipated supply shortage and vehicle change, staff is requesting to advance one Measure N patrol vehicle from FY 24/25 (outlined in the plan).. In addition,, staff is requesting to replace one Measure N Vehicle that was wrecked during a collision with a drunk driver. This vehicle, which was totaled because of the collision, was purchased in 2019 and was not scheduled for replacement until FY 29/30.

Staff is also requesting to increase the Measure N budget for two vehicles currently budgeted in FY 23/24 by $14,200. An increased allocation for these vehicles was previously approved by Council after presenting to the Measure Committee and receiving their recommendation to increase the allocation, and conducting two Public Hearings
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File #: 23-0319 Agenda Date: 8/21/2023 Agenda #: 13.

In addition to this request, staff is requesting on tonight’s Council Agenda the authorization to purchase thirty-two (32) Ford Police Interceptors. If the Measure N process is approved, the two additional Measure N vehicles will be added to the contract being awarded tonight, bringing the total contract to 34 patrol vehicles.

Staff is recommending to start the Measure N process to amend the budget as outlined which includes directing staff to receive comment from the Measure N Committee, conduct two public hearings, and final approval from Council.

Fiscal Impact:

Staff is requesting an additional appropriation of $14,200 to address a budget shortfall to purchase two (2) Measure N Ford Police Interceptors currently budgeted; and appropriate $174,200 for the advance purchase of 1 Measure N Ford Police Interceptors from FY 24/25 and replace 1 wrecked patrol vehicle.

Prior Council Action: June 19, 2023: Council approved motion to amend MN spending plan.

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

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: N/A
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0320 Agenda Date: 8/21/2023 Agenda #: 14.

Agenda Item Wording:

Second 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.

Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number: Rhett Anderson, (559) 713-4530 Department Recommendation: It is the recommendation of staff to City Council to conduct the second reading and approve the amendment to the Visalia Municipal Code, Chapter 13.20, Water Conservation, to allow for the partial exemption from portions of Sections 13.20.060 and 13.20.070 for groundwater users subject to the jurisdiction of and regulation by the Mid Kaweah Groundwater Sustainability Agency (MKGSA). The changes would encourage these users to enroll with the MKGSA if they have not already done so and would allow greater flexibility to manage their use than the City’s landscape irrigation provisions of Chapter 13.20 currently allow. Staff is recommending this change because it encourages a collaborative approach with the user and the MKGSA that should provide flexibility in meeting the needs of the user while still meeting the intent of Chapter 13.20.

Background Discussion:

The City of Visalia has had a longstanding dedication to the conservation of water resources. This was demonstrated in the adoption of the Water Conservation Ordinance, which outlined appropriate uses of water for City residents and commercial properties alike. As a groundwater reliant municipality, the City of Visalia has experienced significant groundwater declination since record keeping began in 1948, at an average of 10 feet below ground level. This is a stark difference from the City’s most recent recording in June, 2023. This reading reported an average groundwater elevation at 149.7.

In efforts to better manage the groundwater resource below the City, staff recommends that the Visalia Water Conservation Ordinance be changed to allow for specific irrigation exemptions for individuals or entities that are subject to the jurisdiction of and regulation by the Mid Kaweah Groundwater Sustainability Agency (MKGSA). The exemption would apply to current restrictions on time of day in which irrigation is allowed, days in which irrigation of turf grass is permitted, and additional restrictions of certain practices such as overseeding, which is currently prohibited in Stage 2 of the water conservation ordinance. The specific exemptions will no longer hold eligible parties to sections 13.20.060.A, B, C and D, 13.20.070.A.1 and A.3, 13.20.070.B.1 and .2, 13.20.070.C.1 and Visalia City Council Page 1 of 3 Printed on 8/18/2023
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File #: 23-0320 Agenda Date: 8/21/2023 Agenda #: 14.

C.3, and/or 13.20.070.D.1 and .2. This amendment to the Water Conservation provisions of the Visalia Municipal Code is only a specific exemption targeted for a specific and very limited type of groundwater user and will not alter any previously established requirements in Chapter 13.20 for the typical Visalia water user.

Allowing large groundwater users that have their own irrigation water source to avail themselves to this proposed exemption is intended to foster a more holistic and collaborative approach to groundwater management by and between the user, the City, and the MKGSA. The GSA operates under a unified plan, facilitating integrated groundwater management, and allowing coordinated efforts among different stakeholders. By embracing this framework, the City can align its conservation strategies with broader regional goals, creating a more efficient and effective water management system. By allowing for these exemptions subject to collaboration with the user and the MKGSA, we can more accurately monitor groundwater usage within the City. At the moment, the City does not have an accurate method for measuring water consumption of large landscapes and sports fields.

These entities, often heavy water consumers, have a vested interest in maintaining sustainable water supplies. Their regulation by the GSA will encourage them to actively participate in conservation initiatives, including sharing best practices, adopting water-saving technologies, and implementing water-efficient irrigation systems. Incentivizing large groundwater users in the City to enroll in the GSA ensures that these significant water users operate under appropriate regulatory oversight. The GSA's monitoring and reporting mechanisms will help track their water usage, enabling the City to identify trends, set usage targets, and enforce regulations effectively. Such oversight ensures that these entities contribute responsibly to the city's broader water sustainability goals. Unlike a one-sizefits-all approach, the GSA framework allows for more flexibility and customized water management strategies. Each large groundwater user can develop and implement unique water-saving plans tailored to their specific needs and operations. This adaptability enables businesses and institutions, including golf courses, to adopt sustainable practices while still accommodating their operational requirements.

Fiscal Impact:

N/A
Prior Council Action: 1. The City of Visalia City Council lasted edited the Water Conservation Ordinance in November of 2019. 2. The first reading of the proposed amendment occurred on August 7th, 2023. There were no alterations to the amendment at the first reading.

Other: N/A
Alternatives: City Council may choose to take no action on this item.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second 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. text.

Environmental Assessment Status: N/A
Visalia City Council Page 2 of 3 Printed on 8/18/2023
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File #: 23-0320 Agenda Date: 8/21/2023 Agenda #: 14.

CEQA Review: N/A
Attachments: Water Conservation Ordinance - Proposed, Original Water Conservation Ordinance Visalia City Council Page 3 of 3 Printed on 8/18/2023
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ORDINANCE NUMBER 2023-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING CHAPTER

13.20 OF THE VISALIA MUNICIPAL CODE REGULATING WATER CONSERVATION

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. The City of Visalia has had a longstanding dedication to the conservation of its groundwater resources, including adoption of this Chapter 13.20 – Water Conservation.

B. The City of Visalia is currently also engaged in the conservation and regulation of its groundwater resources consistent with the Sustainable Groundwater Management Act (SGMA) through its participation in the Mid-Kaweah Groundwater Sustainability Agency (MKGSA).

C. The City of Visalia finds that certain exceptions to Chapter 13.20 for large groundwater users, such as golf courses, that submit to the jurisdiction and direct regulation of the MKGSA will foster a more holistic approach to water resource management under a unified plan, facilitating integrated groundwater management, and allowing coordinated efforts among different stakeholders.

D. By allowing these limited exceptions, the City can align its conservation strategies with broader regional goals, creating a more efficient and effective water management system, and can also more accurately monitor groundwater usage within the City.

SECTION 2. The Visalia City Council hereby approves the following revision to Visalia Municipal Code Chapter 13.20, which regulates water conservation within the City of Visalia, by adding the language below in italics:

13.20.120 Exceptions.

Consideration of written applications for exceptions regarding regulations and restrictions on water use not otherwise set forth in previous sections of this chapter shall be as follows:

A. Written application for exception may be granted by the City Manager or designee.

B. Exceptions may be granted if:
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1. Compliance with this chapter would cause an unnecessary and undue hardship to the Applicant, including, but not limited to, adverse economic impacts, such as loss of production or jobs;

2. Compliance with this ordinance would cause a condition affecting the health, sanitation, fire protection or safety of the applicant or the public; or

3. Compliance with this chapter would prevent the use of recycled or reclaimed water which use would conserve the City's potable water supplies.

C. Exceptions from Sections 13.20.060.A, B, C and D, 13.20.070.A.1 and A.3, 13.20.070.B.1 and B.2, 13.20.070.C.1 and C.3, and

13.20.070.D.1 and D.2, as applicable, may be granted to a non-domestic groundwater user whose use is subject to the jurisdiction of and regulation by the Mid Kaweah Groundwater Sustainability Agency (MKGSA).

Applicants for this exception must provide sufficient documentation to demonstrate that they have successfully enrolled in all applicable groundwater regulatory programs required by the MKGSA, and are in compliance with all requirements imposed on their groundwater use by the MKGSA.

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. 431
Chapter 13.20

WATER CONSERVATION
Sections:

13.20.010 Purpose.

13.20.020 Short title.

13.20.030 Authorization.

13.20.040 Application.

13.20.050 Definitions.

13.20.060 Permanent water conservation requirements--Prohibition against waste.

13.20.070 Water conservation stages.

13.20.080 Mandatory conservation phase implementation.

13.20.090 Enforcement.

13.20.100 Public nuisance--Definitions.

13.20.110 Enforcement officers.

13.20.120 Exceptions.

13.20.130 Severability.

13.20.010 Purpose.

It is the purpose and intent of this chapter to prevent waste or unreasonable use or unreasonable method of use of water in the city.
(Ord. 2019-11, 2019; Ord. 2015-07 § 2, 2015)

13.20.020 Short title.

This chapter shall be known as the “Water Conservation Ordinance of the City of Visalia.” (Ord. 2019-11, 2019; Ord. 2015-07 § 2, 2015)

13.20.030 Authorization.

The City Manager, or designee, is authorized and directed to implement the applicable provisions of this chapter upon their determination that such implementation is necessary to protect the public welfare and safety. (Ord. 2019-11, 2019; Ord. 2015-07 § 2, 2015)

13.20.040 Application.

A. The provisions of this chapter shall apply to all persons, customers, and property within the limits of the City.

B. The provisions of this chapter do not apply to uses of water where necessary to protect public health and safety or for essential government services such as police, fire, and other similar emergency services. (Ord. 2019-11, 2019; Ord. 2015-07 § 2, 2015)

13.20.050 Definitions.

For the purposes of this chapter, the following terms have the meanings set forth in this section. “Commercial nursery” means the use of land, buildings or structures for the growing and/or storing of flowers, fruit trees, ornamental trees, vegetable plants, shrubs, trees and similar vegetation for the purpose of transplanting, for use as stock or grafting, and includes the retail sale or wholesale distribution of such items directly from the premises/lot. “Drip irrigation system” means a non-spray, low-pressure, and low volume irrigation system utilizing emission devices with a precipitation or flow rate measured in gallons per hour (GPH), designed to slowly apply small volumes of water at or near the root zone of plants or other landscaping and, in no event, emits more than four (4) gallons of water per hour. “Irrigation system” means the components of a system meant to apply water to an area for the purpose of irrigation, including, but not limited to, piping, fittings, sprinkler heads or nozzles, drip tubing, valves, and control wiring. “Large Landscape Area” means an area of vegetation at least three (3) acres in size supporting a business necessity or 432
public benefit use such as parks, golf courses, schools, and cemeteries. “Measureable rainfall” means any amount of precipitation of more than one- quarter (1/4) inch (0.25”). “Ornamental landscape” means plants for the purpose of improving the aesthetic appearance of property, including but not limited to, trees, shrubs, bushes, flowers, ground cover, turf, lawns, and grass but, does not include crops or other agricultural products or special landscape areas.
“Person” means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water within the limits of the City of Visalia. “Plumbing fixture” means a receptacle or device that is connected to a water supply system, including, but not limited to, pipes, toilets, urinals, showerheads, faucets, washing machines, water heaters, tubs, and dishwashers. “Potable water” means water which conforms to the federal and state standards for human consumption. “Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape onto other areas.
“Sports Field” means a public or private facility improved with apparatus and/or striping supporting a public benefit use or business necessity that provides turf areas as playing surface for regularly scheduled (at least weekly) individual and team sports, and does not include a facility on a residential property. “Turf” means a ground cover surface of grass that can be mowed. “Water feature” means a design element where open, artificially supplied water performs an aesthetic or recreation function, including, but not limited to, ponds, lakes, waterfalls, fountains, and streams. “Overseeding” means the process of planting new cool climate tolerant grasses (Fescue, Ryegrass, Kentucky Bluegrass, etc.), to help combat growth and appearance when traditional turf grass goes dormant during the fall and winter months. (Ord. 2019-11, 2019; Ord. 2016-08 § 2 (part), 2016)

13.20.060 Permanent water conservation requirements--Prohibition against waste.

The following water conservation requirements are effective at all times and are permanent. Violations of this section shall be considered waste and an unreasonable use of water. The prohibitions shall apply to all persons year round unless modified by adoption of a more stringent water conservation stage.

A. Limits on watering hours. Watering or irrigating of ornamental landscape, turf, or other vegetated area is prohibited between the hours of 8:00 a.m. and 6:00 p.m. on any day, except by the use of a hand-held bucket or similar container, a hand-held hose fitted with a positive shut-off nozzle or device that causes it to cease dispensing water immediately when not in use, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

B. No use of unattended hose without timer.Irrigation utilizing an unattended hose sprinkler, soaker hose, or other irrigation system is prohibited unless the hose is fitted with a hose faucet timer.

C. No excessive water flow or runoff.The use of water which causes water to flow or run off onto adjacent property, nonirrigated areas, sidewalk, driveway, street, parking lot, alley, gutter, ditch, or drain, etc., is prohibited. Every water user is deemed to have his/her water distribution lines and facilities under his/her control at all times and to know the manner and extent of his/her water use and runoff.

D. No watering during rain.Irrigation of ornamental landscape or other vegetated areas is prohibited during and within 48 hours of measureable rainfall.

E. Limits on washing down paved surfaces and buildings. The washing of building exteriors, sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas is prohibited except where the hose is fitted with a positive shut-off nozzle or device that causes it to cease dispensing water immediately when not in use.

F. Obligation to fix leaks, breaks or malfunctions.The excessive use, loss or escape of water through breaks, leaks or malfunctions in the water user's plumbing or distribution facilities for any period of time after such escape of water should reasonably have been discovered and corrected is prohibited. It shall be presumed that a period of forty-eight (48) hours after discovery is a reasonable time within which to correct such leak or break.

G. Recirculating water required for water features.Operating a water feature that does not use recirculated water is prohibited.

H. Limits on washing vehicles. Using water to wash or clean automobiles, trucks, motorcycles, trailers, boats, airplanes, or other types of mobile equipment is prohibited, except by use of a hand-held bucket or similar container or hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to commercial car washing facilities.

I. Drinking water served upon request only. Eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or dinks are sold, served, or offered for sale, are required to serve drinking water only upon request.

J. Commercial lodging establishments must provide guests option to decline daily linen services.Hotels, motels and 433
other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily.

Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.

K. No installation of single pass cooling systems. Installation of single pass cooling systems is prohibited in new buildings.

L. No installation of non-recirculating water systems in commercial carwash and laundry systems.Installation of nonrecirculating water systems is prohibited in new commercial conveyor carwash and new commercial laundry systems.

M. Restaurants required to use water conserving dish wash spray valves.Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish-wash spray valves.

N. The draining of swimming pools more than once every three years, except for structural repairs, chemical imbalance, or to comply with public health standards determined by the County Health Officer or City code enforcement officer, shall be prohibited. Any resident whose swimming pool is drained by order of the City or County for failure to maintain it properly will also be issued a notice of violation. The draining of pools for reasons of health and safety hazards as determined by a City officer or department of health is permitted. Pool drain permit applications due to structural repairs or chemical imbalance shall include the results of a pool water test conducted by an independent testing organization which shows a cyanuric acid level above 100 parts per million, total dissolved solids over 2,500 parts per million, or calcium over 450 parts per million, or a statement of repairs from a licensed pool contractor stating the nature and duration of repairs to be made and the date on which the pool will be drained.

O. New pools and spas required to have covers.A cover must be installed when constructing a new pool or spa or when a City building permit is issued for repair or remodeling a pool or spa. (Ord. 2019-11, 2019; Ord. 2016-08 § 2 (part), 2016)

13.20.070 Water conservation stages.

A. Stage 1. Water Watch. Upon implementation by the City Manager and publication of notice, the following restrictions shall apply to all persons in addition to the prohibited uses in Section 13.20.060.

1. Irrigation of ornamental landscapes is limited to three (3) days per week in the months of March through November, and one (1) day per week in December, January, and February, as follows:
a. Locations bearing a street address ending in an odd number shall be permitted to irrigate only on Tuesday, Thursday and Saturday in March through November, and only on Saturday in December, January and February. b. Locations bearing a street address ending in an even number shall be permitted to irrigate only on Wednesday, Friday and Sunday in March through November, and only on Sunday in December, January and February. c. The foregoing restrictions do not apply to:
i. Landscape irrigation zones that exclusively use drip irrigation systems. ii. Irrigation of ornamental landscapes with the use of an attended hand-held bucket or similar container, or an attended hand-held hose equipped with a positive self-closing shut-off nozzle or device. iii. Operation for very short periods of time for the express purpose of adjusting or repairing an irrigation system. A City of Visalia sign or equivalent must be displayed notifying the public of the repairs while the area remains wet.

2. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose fitted with a positive shut-off nozzle or device, or a lowflow high-pressure washer.

3. Overseeding of lawns is prohibited. Exception is provided for maintenance of Sports Fields and golf course greens and tees.

4. Stage 1 of this ordinance will be enforced by the issuance of one warning for violation before the issuance of a citation in accordance with Section 13.20.090. Citations will be issued without a warning for willful and egregious violations.

Willful and egregious violations include draining a pool without a permit or other violations as determined by the City Manager or designee.

B. Stage 2. Water Alert. Upon implementation by the City Manager, publication of notice, and ratification by resolution of the City Council, the following restrictions shall apply to all persons in addition to the prohibited uses in section 13.20.060.

Stage 2 shall terminate one (1) year after implementation unless reauthorized by the City Council by resolution.

1. Irrigation of ornamental landscapes is prohibited in the months of December, January and February, and is limited two (2) days per week in March through November, as follows:
a. Locations bearing a street address ending in an odd number shall be permitted to irrigate only on Tuesday and Saturday in March through November; no irrigation is allowed in December, January, or February. b. Locations bearing a street address ending in an even number shall be permitted to irrigate only on Wednesday and 434
Sunday in March through November; no irrigation is allowed in December, January, or February. c. The foregoing restrictions do not apply to:
i. Landscape irrigation zones that exclusively use drip irrigation systems. ii. Irrigation of non-turf ornamental landscapes with the use of an attended hand-held bucket or similar container, or an attended hand-held hose equipped with a positive self-closing shut-off nozzle or device. iii. Operation for very short periods of time for the express purpose of adjusting or repairing an irrigation system. A City of Visalia sign or equivalent must be displayed notifying the public of the repairs while the area remains wet. iv. Sports Fields and public and private golf course greens and tees may deviate from the mandatory irrigation day and time restrictions in order to maintain play areas and accommodated event schedules by submitting to the City Manager or designee an alternative watering schedule that reduces overall water use by 20% from the average used the year prior to Stage 2 (Stage 4 in prior ordinance) declaration. Applicants must reapply for the exception annually and provide documentation that the alternative watering schedule achieved the required water use reduction. Documentation may consist of water utility bills, pump electric utility bills, or other documentation that provides the required information. v. Large Landscape Areas may deviate from the mandatory irrigation day restrictions by submitting to the City Manager or designee an alternative watering schedule that reduces overall water use by 30% from the average used the year prior to the Stage 2 (Stage 4 in prior ordinance) declaration. Applicants must reapply for the exception annually and provide documentation that the alternative watering schedule achieved the required water use reduction. Documentation may consist of water utility bills, pump electric utility bills, or other documentation that provides the required information. vi. A plant establishment exception for new permanent landscapes is allowed by permit. The plant establishment exception allows for irrigation on non-watering days for a period of 21 days. Plant establishment permits are issued for new or rehabilitated landscape projects that have been approved by the Community Development Department in accordance with the State Model Water Efficient Landscape Ordinance, unless and until the City adopts a local Water Efficient Landscape Ordinance, in which case the local ordinance shall apply. Otherwise, the plant establishment exception does not apply to installation of turf or annual plants. and no more than one (1) plant establishment permit will be issued for an address per year.

2. Overseeding of lawns is prohibited. Exception is provided for maintenance of Sports Fields and golf course greens and tees.

3. Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to implementation of Stage 2 or higher in this chapter.

4. The washing of sidewalks, driveways, parking areas, courts, patios, or other paved areas is absolutely prohibited, unless it is necessary for the health and safety of the public, in which case a low-flow high-pressure washer must be used.

5. Washing of buildings is prohibited unless preparing the building for sale or for painting, in which case a low-flow high-pressure washer must be used.

6. All outdoor mist cooling systems related to human comfort are prohibited.

7. Use of temporary water slides is prohibited.

8. Stage 2 of this ordinance will be enforced by the issuance of one warning for violation before the issuance of a citation in accordance with Section 13.20.090. Citations will be issued without a warning for willful and egregious violations.

Willful and egregious violations include draining a pool without a permit or other violations as determined by the City Manager or designee.

C. Stage 3. Water Warning. Upon implementation by the City Manager, publication of notice, and ratification by resolution of the City Council, the following restrictions shall apply to all persons in addition to the prohibited uses in section 13.20.060.

Stage 3 shall terminate one (1) year after implementation unless reauthorized by the City Council by resolution.

1. Irrigation of ornamental landscapes is prohibited in the months of December, January and February, and is limited to one (1) day per week in March through November, as follows:
a. Locations bearing a street address ending in an odd number shall be permitted to irrigate only on Saturday in March through November; no irrigation is allowed in December, January, or February. b. Locations bearing a street address ending in an even number shall be permitted to irrigate only on Sunday in March through November; no irrigation is allowed in December, January, or February. c. The foregoing restrictions do not apply to:
i. Landscape irrigation zones that exclusively use drip irrigation systems. ii. Irrigation of non-turf ornamental landscapes with the use of an attended hand-held bucket or similar container, or an attended hand-held hose equipped with a positive self-closing shut-off nozzle or device. iii. Operation for very short periods of time for the express purpose of adjusting or repairing an irrigation system. A 435
City of Visalia sign or equivalent must be displayed notifying the public of the repairs while the area remains wet. iv. Sports Fields and public and private golf course greens and tees may deviate from the mandatory irrigation day and time restrictions in order to maintain play areas and accommodated event schedules by submitting to the City Manager or designee an alternative watering schedule that reduces overall water use by 50% from the average used the year prior to Stage 2 declaration, or 30% from the average used the year prior to the Stage 3 declaration. Applicants must reapply for the exception annually and provide documentation that the alternative watering schedule achieved the required water use reduction. Documentation may consist of water utility bills, pump electric utility bills, or other documentation that provides the required information.
v. Large Landscape Areas may deviate from the mandatory irrigation day restrictions by submitting to the City Manager or designee an alternative watering schedule that reduces overall water use by 60% from the average used the year prior to Stage 2 declaration, or 60% from the average used the year prior to the Stage 3 declaration. Applicants must reapply for the exception annually and provide documentation that the alternative watering schedule achieved the required water use reduction. Documentation may consist of water utility bills, pump electric utility bills, or other documentation that provides the required information.
vi. A plant establishment exception for new permanent landscapes is allowed by permit. The plant establishment exception allows for irrigation on non-watering days for a period of 21 days. Plant establishment permits are issued for new or rehabilitated landscape projects that have been approved by the Community Development Department in accordance with the State Model Water Efficient Landscape Ordinance, unless and until the City adopts a local Water Efficient Landscape Ordinance, in which case the local ordinance shall apply. Otherwise, the plant establishment exception does not apply to installation of turf or annual plants. and no more than one (1) plant establishment permit will be issued for an address per year.

2. The washing of automobiles, trucks, motorcycles, trailers, boats, airplanes, or other types of mobile equipment is permitted only on Saturday or Sunday. Exception. Washing may be done at any time on the immediate premises of a commercial carwash or fleet maintenance facility. Further, such washing may be exempted from these regulations if the health, safety and welfare of the public are contingent upon frequent vehicle cleanings, such as garbage trucks and vehicles to transport food and perishables.

3. Overseeding of lawns is prohibited. Exception is provided for maintenance of Sports Fields and golf course greens and tees.

4. Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to implementation of Stage 2 or higher in this chapter.

5. The washing of sidewalks, driveways, parking areas, courts, patios, or other paved areas is absolutely prohibited, unless it is necessary for the health and safety of the public, in which case a low-flow high-pressure washer must be used.

6. Washing of buildings is prohibited unless preparing the building for sale or for painting, in which case a low-flow high-pressure washer must be used.

7. All outdoor mist cooling systems related to human comfort are prohibited.

8. Use of temporary water slides is prohibited.

9. Use of portable water for street cleaning with trucks, except for initial wash-down for construction purposes (if street sweeping is not feasible).

10. Use of potable water for construction purposes, such as consolidation of backfill, dust control, or other uses unless no other source of water or method can be used.

11. Stage 3 of this ordinance will be enforced by the issuance of one warning for violation before the issuance of a citation in accordance with Section 13.20.090. Citations will be issued without a warning for willful and egregious violations.

Willful and egregious violations include draining a pool without a permit or other violations as determined by the City Manager or designee.

D. Stage 4. Water Emergency. Upon implementation by the City Manager, publication of notice, and ratification by resolution of the City Council, the following restrictions shall apply to all persons in addition to the prohibited uses in section

13.20.060. Stage 4 shall terminate one (1) year after implementation unless reauthorized by the City Council by resolution.

1. Watering or irrigating lawn, landscape, or other vegetated area with potable water is prohibited. This restriction shall not apply to the following categories of use:
a. Maintenance of non-turf vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing shut-off nozzle or device. b. Maintenance of existing landscape necessary for fire protection. c. Maintenance of existing landscape for soil erosion control. d. Maintenance of plant materials identified to be rare or essential to the well-being of protected species. e. Actively irrigated environmental mitigation projects. 436

2. Overseeding of lawns is prohibited.

3. Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life.

4. Washing of buildings is prohibited unless preparing the building for sale or for painting, in which case a low-flow high-pressure washer must be used.

5. All outdoor mist cooling systems related to human comfort are prohibited.

6. Use of temporary water slides is prohibited.

7. Draining and refilling of swimming pools is prohibited except that a pool may be drained by permit to comply with public health standards as determined by the County Health Officer or City code enforcement officer. Any resident whose swimming pool is drained by order of the City or County for failure to maintain it property will also be issued a notice of violation. The draining of pools for reasons of health and safety hazards as determined by a City officer or department of health is permitted. Drained pools may not be refilled.

8. Washing automobiles, trucks, trailers, boats, airplanes, and other vehicles is prohibited except at a commercial carwash or fleet vehicle washing facility.

9. Use of potable water for construction purposes, such as consolidation of backfill, dust control, or other uses is prohibited.

10. Stage 4 of this chapter will be enforced by the issuance of a citation in accordance with Section13.20.090 without a warning.
(Ord. 2019-11, 2019; Ord. 2016-08 § 2 (part), 2016)

13.20.080 Mandatory conservation phase implementation.

The City Manager or designee, with the assistance of any operator of a water utility having customers within the City, shall monitor the projected supply and demand for water within the City and shall recommend to the City Manager the extent of the conservation required through the implementation and/or termination of particular conservation stages in order to assure the water supply of the City.

Thereafter, the City Manager, as directed by administrative policies, may order that the appropriate phase of water conservation be implemented or terminated in accordance with the applicable provisions of this chapter. Said order shall be ratified by the City Council by resolution and made by public announcement and shall be published a minimum of one time in a daily newspaper of general circulation.
(Ord. 2019-11, 2019; Ord. 2015-07 § 2, 2015)

13.20.090 Enforcement.

A. It is one of the objectives of the City Council of the City that the citizens of Visalia be encouraged to voluntarily comply with the provisions of the chapter. Therefore, in furtherance of said objective, the enforcement of the chapter will permit the issuance of up to two warnings for violations of Sections 13.20.060 or 13.20.070, by way of written notices of violation to the violating water user, before the issuance of a citation for said violations B. Notwithstanding the foregoing, any person violating any provision of Sections13.20.060 or 13.20.070 shall be deemed guilty of an infraction and upon conviction thereof shall be punishable by a fine not to exceed six-hundred twenty-five dollars ($625.00). Each day that a violation continues shall be regarded as a new and separate offense. The fine for a first violation may be waived by attending a City water conservation class. (Ord. 2019-11, 2019; Ord. 2016-08 § 2 (part), 2016)

13.20.100 Public nuisance--Definitions.

A. In addition to any other remedies which may otherwise be available to the City, the City Council makes the following findings and declarations;
B. The waste of water, as that term is defined herein, on public or private property within the City, is found to contribute to and compound drought conditions which may, from time to time, exist in the City, to the detriment of one of our most precious and finite resources, to wit, water. Such conditions cause injury to the health, safety and general welfare of the citizens of Visalia. Therefore, the waste of water within the City, on private or public property, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated in an action brought on behalf of the people of the state of California, by the City attorney, in any court of competent jurisdiction. (Ord. 2019-11, 2019; Ord. 2015-07 § 2, 2015)

13.20.110 Enforcement officers.

A. All peace officers and persons authorized by law to issue citations within the City shall, in conjunction with duties imposed by the law, diligently enforce the provisions of this chapter.

B. Pursuant to the provisions of Section 836.5 of the Penal Code, the following officers and employees of the City are 437
designated as enforcement officers and authorized to issue citations for enforcement of this ordinance:

1. Director of public works;

2. City engineer;

3. Building official;

4. Industrial waste inspector;

5. Public works inspector;

6. Building inspector;

7. Neighborhood preservation manager;

8. Code enforcement officer, technician, or specialist;

9. Fire marshal;

10. Fire prevention inspector;

11. Natural resource conservation technician;

12. Water conservation education coordinator;

13. Natural resource conservation manager or designee.

C. Employees of any operator of a water utility having customers within the City, including California Water Service Company, are authorized by this chapter to issue written notices of violations of Sections 13.20.060 or 13.20.070, but are not authorized by law to issue citations for said violations. (Ord. 2019-11, 2019; Ord. 2015-07 § 2, 2015)

13.20.120 Exceptions.

Consideration of written applications for exceptions regarding regulations and restrictions on water use not otherwise set forth in previous sections of this chapter shall be as follows:

A. Written application for exception may be granted by the City Manager or designee.

B. Exceptions may be granted if:

1. Compliance with this chapter would cause an unnecessary and undue hardship to the Applicant, including, but not limited to, adverse economic impacts, such as loss of production or jobs;

2. Compliance with this ordinance would cause a condition affecting the health, sanitation, fire protection or safety of the applicant or the public; or

3. Compliance with this chapter would prevent the use of recycled or reclaimed water which use would conserve the City's potable water supplies.
(Ord. 2019-11, 2019; Ord. 2015-07 § 2, 2015)

13.20.130 Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 2019-11, 2019; Ord. 2015-07 § 2, 2015)
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0324 Agenda Date: 8/21/2023 Agenda #: 15.

Agenda Item Wording:

Authorization to accept a grant and appropriate $221,552 from the Department of Justice, Office of Community Oriented Policing for the FY22 Implementing Crisis Intervention Teams-Community Policing Development Solicitation Grant; and authorize the City Manager and Chief of Police to sign an MOU and amend, if necessary, between the County of Tulare and City of Visalia.

Deadline for Action: 8/21/2023
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]> ; Captain Dan Ford, ext. 4151, [email protected] <mailto:[email protected]> ; Financial Analyst Liz Ybarra, ext.4250, [email protected] <mailto:[email protected]>
Department Recommendation:

Summary:

On May 31, 2022, the Department applied for the Implementing Crisis Intervention Teams - Community Policing Development Solicitation Grant through the Department of Justice Office of Community Oriented Policing (COPS). The goal of this grant is to implement or expand the efforts of Crisis Intervention Teams (CIT) in responding to mental health consumers. The Department’s objective in applying for this grant is to expand our current collaboration with Tulare County Health and Human Services (HHSA) to provide additional resources to members of the community experiencing homelessness. The proposed expansion would add one additional full-time HHSA staff member to the Department’s Homeless Outreach and Proactive Enforcement (HOPE) Team. By adding this additional member, we will be able to provide additional follow-up services, ranging from mental health to a wide range of social services, to community members experiencing homelessness in Visalia.

On October 13, 2022, the Department was notified that it was awarded $221,552 over the course of two (2) years to fund the additional position. In order to satisfy the requirements of the grant, an MOU between the City and Tulare County is required for acceptance of the grant. This Grant was only made available to law enforcement agencies.

Visalia City Council Page 1 of 3 Printed on 8/18/2023
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File #: 23-0324 Agenda Date: 8/21/2023 Agenda #: 15.

Background Discussion:

On May 5, 20222, the COPS Implementing Crisis Intervention Teams - Community Policing Development grant opened to solicitations. This grant included an estimated funding of $9.5 million for an estimated 28 agencies in the nation. The Department applied for this grant on May 31, 2022.

The goal of this grant was to expand upon the current collaboration with HHSA.

In 2018, the Department’s HOPE Team began working with HHSA in response to our growing homeless crisis. This collaboration was focused on increasing our ability to provide mental health resources to members of the community who were experiencing homelessness and unable to gain access to mental health services. The collaboration includes a mental health clinician that is partnered with a HOPE officer to conduct proactive outreach for members of the community experiencing homelessness and coping with mental health concerns. During the three (3) year period leading up to this grant opportunity, over 550 referrals were made as a result of this team. Despite the success of this program, the department’s collaboration with HHSA identified that we would be able to accomplish more in the area of co-occurring substance abuse response and providing improved access to social services.

In working with HHSA, they agreed to continue funding their current Mental Health Clinician in addition to adding another full-time position, identified as a Community Health Worker (CHW), funded through this grant. By adding this position, the Department’s collaborative effort would be able accomplish two goals. The first of these would be to provide improved follow-up with individuals that have been referred to HHSA through this program. By increasing the staff, we are able to limit the amount of time that staff are tied up with the referral process and get them back in the field to increase the proactive contacts they make. The second goal is to increase the number of services that we are currently providing. Through the use of a CHW, we are able to increase the number of services provided in outreach settings. It is well known that issues related to mental health are often accompanied by co-occurring substance abuse disorders, and lack of housing and social services.

By expanding the role of this second full-time position away from the limitations of mental health specific responses, staff are able to increase the services provided to members of the community experiencing homelessness.

On October 13, 2022, the COPS awarded a grant in the amount of $221,551.79 to cover all salary and benefits for an additional HHSA staff member. This amount was identified based on consultation with HHSA staff. The amount also includes funding to send one member of the Department and one member from HHSA to the annual CIT conference. Despite receipt of the award, Department staff and members from HHSA were delayed due to unforeseen MOU concerns identified by HHSA. This issue has since been resolved. The final step in the process of accepting the grant is to ensure that an updated MOU, containing the requirements of the grant, is approved by the City and Tulare County. Because the MOU will be presented to the Tulare County Board of Supervisors, staff request authorization for the City Manager and Chief of Police to make minor amendments to the MOU, if necessary for approval by the Board of Supervisors.

Fiscal Impact:

Appropriate $221,552 in the General Fund and set up CIP to capture the cost of the program for the entire 2 years. Tulare County HHSA will issue a quarterly invoice to City of Visalia Police Department for salary and benefits for a mental health professional which will be reimbursed by the Grant. The Visalia City Council Page 2 of 3 Printed on 8/18/2023
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File #: 23-0324 Agenda Date: 8/21/2023 Agenda #: 15.

Grant is effective from 9/1/2022 to 8/30/2024. There are no matching funds required. The Grant allows for an extension of the award period to receive additional time to implement the program.

Funds may not be used to supplant (replace) other funding sources. MOU will be submitted to Grant administrator as soon as it is fully executed.

Prior Council Action: N/A
Other: N/A
Alternatives: Deny the motion.

Recommended Motion (and Alternative Motions if expected):

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Award Letter and MOU
Visalia City Council Page 3 of 3 Printed on 8/18/2023
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MEMORANDUM OF UNDERSTANDING

BETWEEN

COUNTY OF TULARE
AND
The Visalia Police Department
This MEMORANDUM OF UNDERSTANDING (MOU) is entered into between the County of Tulare, Health and Human Services Agency (hereinafter called COUNTY) and the City of Visalia, through the Visalia Police Department (hereinafter called VPD), to develop a partnership to facilitate mental health and substance use disorder service access and linkage to additional social safety net programs to homeless populations in the City of Visalia through direct outreach and engagement. This MOU will establish and/or ratify existing relationships and procedures between these parties effective the date of execution.

WHEREAS, the VPD has established the Homeless Outreach & Proactive Enforcement (HOPE) Team, hereinafter referred to as "HOPE"; and
WHEREAS, HHSA operates a Mental Health and Substance Use Disorder (SUD) program along with additional social safety net programs to provide outreach to the homeless population with Mental Illness; and
WHEREAS, it is to the mutual benefit of the parties hereto that a partnership is established to coordinate their efforts to better serve the homeless population.

ACCORDINGLY, IT IS AGREED:

I. PURPOSE
The purpose of this MOU is to establish a joint task force between HHSA and the VPD to facilitate mental health, SUD, and whole person care service access to homeless populations in the City of Visalia through direct outreach and engagement.

II. PROGRAM
This pilot project is established to ascertain the utility of a collaborative effort between law enforcement and COUNTY as a means to facilitate access to resources and services to the growing homeless population in the City of Visalia. This collaboration would include a "Ride Along Program" with staff from HHSA which is inclusive of Integrated Services inclusive of Mental Health, Human Services, and Public Health and the VPD Homeless Outreach & Proactive Enforcement (HOPE) Team. One or more staff members would ride with an officer(s) of the VPD HOPE Team during normal business hours. If anything would prevent a ride along, HHSA 466
2 staff will co-respond with the VPD HOPE Team utilizing an HHSA vehicle for independent transportation. The goal in accompanying law enforcement is to gain access to the homeless populations at various sites across the city and proactively identify potential needs for mental health and SUD services, as well as other service needs as identified. This effort supports the prevention, intervention, and engagement components for both mental health and SUD services.

III. BACKGROUND
The homeless population continues to increase in Tulare County, the State of California, and nationwide. The 2022 Point in Time Count reported a 62% increase in homelessness in Tulare County over the 10-year span from 2012 (568) to 2022 (922) for which Visalia continues to be home to over half of the homeless population (50.87% or469 individuals). Additionally, 24% of homeless individuals in Tulare County identified mental illness as a barrier and 22% identified substance abuse. As this population is often unserved and underserved within a variety of service communities, increasing access to services through direct engagement may assist in reducing accessibility barriers associated with homelessness.

IV. POPULATION TO BE SERVED
The target population is individuals in the City of Visalia who are homeless and are experiencing behavioral health challenges from severe and persistent mental illness and/or SUD. Responses are limited to routine interactions. Situations involving individuals experiencing a mental or behavioral health related crisis will be routed to the County Mobile Crisis Teams. Emergency calls will be handled directly by VPD and will not include COUNTY staff.

V. GOAL
The goal of this partnership is to facilitate mental health, SUD, and social service access to homeless populations in the City of Visalia through direct outreach and engagement. The target population is individuals in the City of Visalia who are homeless and are may be experiencing behavioral health challenges from severe and persistent mental illness and/or SUD. Additionally, during the contact, the need for additional resources may be identified and if agreed to by the party, immediate contact with local services will be attempted.

VI. ELIGIBILITY
All individuals the team encounters will be engaged to determine the eligibility and receptivity for social safety net programs such as SUD services, mental health, public health, and public benefits such as General Assistance and Supplemental Security Income (SSI). To meet the myriad of needs that may arise, the VPD HOPE Team and HHSA Integrated Services staff will work in partnership with the Kings/Tulare Homeless Alliance and additional community organizations in conjunction with field-based outreach, engagement, and service linkage to homeless populations within the City of Visalia. In addition to the existing service 467
3 collaborations the VPD HOPE Team and HHSA has cultivated within the community to meet the needs of the homeless population and to ensure robust and comprehensive service accessibility.

VII. NON-DUPLICATION
This program is not to duplicate existing programs, rather to add to the support currently being provided in-the-field to the homeless population in the Visalia city limits. This program began initial implementation in 2018 and was formalized by MOU in 2021, however, full efforts were disrupted by the nature of COVID-19 pandemic restrictions. It is the intent of VPD and HHSA to continue to build upon this pilot.

VIII. OPERATION
Staffing
HHSA Social Worker Staff to include:

1.0 FTE Community Health Worker (CHW) would be assigned to perform outreach and engagement to the homeless population through partnership with the VPD HOPE Team funded by HHSA.

1.0 FTE Community Health Worker (CHW) would be assigned to perform outreach and engagement to the homeless population through the VPD Public Safety Partnership and Community Policing Grant for a period of two (2) years commencing on the MOU authorization date.

The CHWs will work collaboratively with VPD officers in rotation so that 1 FTE will be engaged in field outreach activities while the other 1 FTE will engage in follow-up outreach and support.

To ensure the continuity and availability of services, COUNTY may substitute the use of the Community Health Worker with other members of COUNTY inclusive of the Behavioral Health Clinical Teams, Homeless Multidisciplinary Team, and the Enhanced Care Management Team. This also allows for a greater variety of skillsets and services.

Alternative classifications include:
 Clinical Social Worker
 Self-Sufficiency Counselor
 AOD Specialist
 Social Services Worker
 Health Education Assistant
 Unit Manager
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4 Service Areas
The assigned COUNTY staff would work within this pilot for up to 40-hours per week (based on need) initially and may fluctuate over time according to project need and resource capacity. The joint team will operate within the city limits of Visalia and may have contact with other jurisdictions on a case-by-case basis with collaboration of the associated jurisdiction. The VPD HOPE Team and COUNTY staff would explore known gathering (high value target) areas of homeless populations such as:
(1) The Oval
(2) Bridges and Underpasses
(3) Recycling Centers
(4) Food Banks
(5) Libraries
(6) Parks or other public areas
(7) Shelters
(8) St. John’s River and associated waterways
(9) Any high value target area identified by VPD for civic complaints, arrests, or other minor crimes.

COUNTY agrees that its employees participating in a ride-along or co-response with VPD shall review the applicable VPD policies (Policy 410, Liability Waiver Form, General Rules for Ride-Along), attached as Exhibit A prior to the ride-along or coresponse and agree that following the stated Policy will be required. COUNTY acknowledge and assume the potential risks associated with assigning its employees to these activities.

IX. ENGAGEMENT (ASSESSMENT) PROCESS
During outreach, the COUNTY staff will engage an individual through traumainformed conversation/rapport building, offering resources, advising individuals of their rights to privacy and exploring if the individual demonstrates behavioral health challenges that meet the criteria for Mental Health/AOD services or other social safety net programs.

The COUNTY staff will maintain all confidentiality as outlined by federal and state confidentiality requirements. In the event a conversation with the individual is conducted in the field and other non-Mental Health/AOD personnel are present, the individual will be informed of their privacy rights and all applicable confidentiality forms will be completed prior to any information sharing. COUNTY 469
5 staff will attempt to obtain any appropriate Releases of Information (ROI) with informed consent to further enable service linkage, support, and communication.

If an individual has been identified as needing or would benefit from mental health services/SUD services or other social safety net support, and the individual is willing to travel to the clinic for further assessment, the COUNTY staff and VPD will either transport the individual to the Visalia Adult Integrated Clinic (VAIC) or make an appointment for an assessment to occur within 3 business days from the point of engagement. The appointment will only be scheduled if the individual refuses to access services the day of engagement.

Pursuant to the VPD Ride Along Policy, the officer shall inform dispatch that a ridealong is present in the vehicle before going into service. Officers shall always consider the safety of the ride-along team members. Officers should use sound discretion when encountering a potentially dangerous situation, and if feasible, let the participant out of the vehicle in a well-lighted public place of safety. The dispatcher will be advised of the situation and as soon as practical have another police unit respond to pick up the participant at that location. The ride-along may be continued or terminated at this time.

In the event, the COUNTY staff has been dropped off at a safe location, the individual will notify his/her direct supervisor advising of the situation. The HHSA STAFF will work with his/her direct supervisor to arrange for transport to the Visalia Adult Clinic, another COUNTY facility, or home (depending on time of day/shift).

In the event of a co-response activity rather than ride-along, the VPD HOPE Team officer shall follow the steps provided above with the exception that HHSA staff will have their own vehicle and when notified of a potentially unsafe situation will leave the area or otherwise avoid the hazardous condition. HHSA staff will not need to be dropped off at a safe location.

X. DATA COLLECTION
For the purposes of this project, the following data points may be collected in addition to the information needed for the Homeless Management Information System (HMIS) maintained via a collaborative effort by the Tulare/Kings Homeless Alliance, and Tulare County Health & Human Services Agency. Data points may include;
a. Number of individuals contacted (outreach)
b. Number of individuals engaged (provided service linkage) c. Community area where individuals were contacted (i.e. The Oval, Mooney Grove Park, etc.)
d. Services requested/needed
e. Number of referrals and referral type/entity
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6 f. Number of individuals linked with VAIC/AOD or other HHSA or partner programs by linkage type (transported for immediate access, crisis intervention, or appointment)
g. Number of individuals provided assessment by VAIC/AOD h. Number of individuals determined eligible for VAIC/AOD services via assessment and opened.

XI. PUBLIC SAFETY PARTNERSHIP AND COMMUNITY POLICING GRANT On October 13, 2022, the VPD was awarded $221,551.79 in grant funding for crisis intervention services. The grant is based upon VPD and HHSA’s ongoing collaborative approach to addressing homelessness.The award will be funded through VPD who will disburse funds to HHSA for a second Community Health Worker (CHW). The purpose of this grant is to enhance outreach and follow-up services to those experiencing homelessness.
a. HHSA will invoice VPD on a quarterly basis for personnel costs inclusive of employee salary. Upon receipt of invoice, VPD will reimburse HHSA within 60- days.
b. The grant will be managed by VPD.
c. The period of this grant will last for two years from the date of authorization of this MOU.
d. HHSA agrees to staff a second CHW for up to 40-hours per week with a primary focus on the activities described in this MOU.
e. HHSA will work with VPD in good faith to fill any position vacancies in a timely manner and will include VPD in the hiring and onboarding process to the extent allowable by law and departmental policy.
f. Any classifications substituting for the CHW will be billed at their actual rate or at the rate of the CHW, whichever is the lower of the two reimbursement rates.

The grant covers the cost to send one (1) VPD employee and one (1) HHSA employee to the annual CIT Conference inclusive of all travel expenses, registration, hotel, and associated expenses as allowable by each agency’s travel policies.

XII. TERM
This MOU will be effective upon authorization of this MOU and will remain in effect for two years from the MOU authorization date, unless otherwise terminated as provided in this MOU. COUTNY will review outcomes, resources, and the need to extend the program and will consider the cost effectiveness as well as the needs of the program. If at any time funding issues arise, the branch will immediately contact VPD to discuss options (if available).

XIII. RELATIONSHIP
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7 This MOU is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, landlord/tenant, or association between the VPD and HHSA and their employees, students, or agents, but rather is an MOU by and between two independent parties. VPD acknowledges that nothing in this MOU shall be construed to confer any right upon the VPD or VPD Personnel to participate in, control, or direct operations at HHSA. As VPD is not HHSA's employee, VPD is responsible for paying all required state and federal taxes for its employees. In particular, HHSA will not:
a. Make state or federal unemployment insurance contributions on VPD'S behalf. b. Make disability insurance contributions on behalf of VPD. c. Obtain unemployment compensation insurance on behalf of VPD.

XIV. MONITORING
Notwithstanding this independent contractor relationship, COUNTY shall have the right to monitor and evaluate the performance of VPD to ensure compliance with this MOU.

XV. COMPLIANCE WITH LAW
VPD shall provide services in accordance with applicable Federal, State, and local laws, regulations, and directives. With respect to VPD'S employees, VPD shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.

XVI. AMENDMENTS
Amendments or modifications to the terms of this MOU must be made in writing and approved by all parties hereto, in order to maintain compliance with changes pursuant to federal or state laws, regulations, or policies affecting MOUs rulings, pertinent regulations, or funding.

XVII. RECORDS AND AUDIT
VPD shall maintain complete and accurate records with respect to the services rendered under this MOU. In addition, VPD shall maintain complete and accurate records with respect to any employees or subcontractors performing work under this MOU. All such records shall be prepared in accordance with generally accepted accounting and/or record keeping procedures, shall be clearly identified, and shall be kept readily accessible. Upon request, VPD shall make such records available within Tulare County to the COUNTY or its designee, for the purpose of auditing and/or copying such records for a period of five (5) years from the date of expiration or termination under this MOU.

XVIII. INSURANCE
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8 Prior to approval of this MOU by the COUNTY, VPD shall file with the Clerk of the Board of Supervisors, evidence of the insurance as set forth in Exhibit B attached, which outlines the minimum scope, specifications and limits of insurance required under this MOU. Additional insured endorsements required as outlined in Exhibit B shall not be used to reduce limits available to COUNTY as an additional insured from the VPD's full policy limits. Insurance policies shall not be used to limit liability or to limit the indemnification provisions and requirements of this MOU or act in any way to reduce the policy coverage and limits available from the insurer (s). Failure to maintain or renew coverage, or to provide evidence of renewal, may be considered a material breach of this MOU.

XIX. INDEMNIFICATION
The VPD shall hold harmless, defend, and indemnify COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, including COUNTY property, arising from, or in connection with, the performance by the VPD or its agents, officers and employees under this MOU.

This indemnification specifically includes any claims that may be made against the COUNTY by any taxing authority asserting that an employer employee relationship exists by reason of this Agreement, and any claims made against COUNTY alleging Civil Rights violations by VPD under Government Code sections 12920 et seq. (California Fair Employment and Housing Act), and any fines or penalties imposed on COUNTY for VPD'S failure to provide FORM DE542, when applicable.

COUNTY shall hold harmless, defend, and indemnify VPD, its agents, officers, and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, including VPD property, arising from, or in connection with, the performance by the COUNTY or its agents, officers and employees under this MOU. This indemnification specifically includes any claims that may be made against the VPD by any taxing authority asserting that an employer-employee relationship exists by reason of this Agreement, and any claims made against VPD alleging Civil Rights violations by VPD under Government Code sections 12920 et seq. (California Fair Employment and Housing Act), and any fines or penalties imposed on VPD for COUNTY's failure to provide FORM DE-542, when applicable.

XX. TERMINATION
a. Without Cause: Either party will have the right to terminate this MOU without cause by giving thirty (30) days prior written notice of intention to terminate pursuant to this provision, specifying the date of termination. b. With Cause: This MOU may be terminated immediately by either party should the other party:
i. be adjudged or bankrupt, or
ii. become insolvent or have a receiver appointed, or
iii. make a general assignment for the benefit of creditors, or 473
9 iv. suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this MOU, or
v. materially breach this MOU.

In addition, COUNTY may terminate this MOU based on:
vi. Material misrepresentation, either by VPD or anyone acting On VPD'S behalf, as to any matter related in any way to this MOU or vii. other misconduct or circumstances which, in the sole discretion of the COUNTY, either impairs the ability of VPD to competently provide the services under this MOU, or exposes the COUNTY to an unreasonable risk of liability.
c. Effects of Termination: Expiration or termination of this MOU shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the MOU, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities. Where VPD'S services have been terminated by the County, said termination will not affect any rights of the County to recover damages against the VPD.

XXI. NOTICES
Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as follows:

COUNTY:

TULARE COUNTY HEALTH & HUMAN SERVICES AGENCY
CONTRACTS UNIT 5957 S. MOONEY BLVD, Visalia CA
Phone No. (559) 624-8000
Fax No. (559) 737-4059
VISALIA POLICE DEPARTMENT:
303 S. Johnson St., Visalia, CA 93291
XXII. ASSIGNMENT/SUBCONTRACTING
Unless otherwise provided in this MOU, COUNTY is relying on the personal skill, expertise; training and experience of VPD employees and no part of this MOU may be assigned or subcontracted by VPD.

XXIII. DISPUTE RESOLUTION
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10 If a dispute arises out of or relating to this MOU, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation or some other dispute resolution procedure, unless the parties mutually agree otherwise. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties; otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within 30 days, either party may pursue litigation to resolve the dispute.

XXIV. ENTIRE MOU REPRESENTED
This MOU and its Exhibits represent the entire MOU between VPD and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this MOU or its Exhibits may be modified without the written consent of both parties.

XXV. FURTHER ASSURANCES
Each party will execute any additional documents and perform any further acts that may be reasonably required to effect the purposes of this MOU.

XXVI. NO THIRD-PARTY BENEFICIARIES INTENDED
Unless specifically set forth, the parties to this MOU do not intend to provide any other party, including the students participating in the Internship Program, with any benefit or enforceable legal or equitable right or remedy.

XXVII. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY
This MOU is subject to all applicable laws and regulations. If any provision of this MOU is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit or the MOU to either party is lost, the MOU may be terminated at the option of the affected party. In all other cases the remainder of the MOU shall continue in full force and effect.

XXVIII.ASSURANCES OF NON-DISCRIMINATION
VPD shall not discriminate in employment or in the provision of services on the basis of any characteristic or condition upon which discrimination is prohibited by state or federal law or regulation.
a. It is recognized that both the VPD and the COUNTY have the responsibility to protect COUNTY employees and clients from unlawful discrimination and sexual harassment in the workplace.
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11 b. Accordingly, VPD agrees to provide appropriate training to its employees regarding discrimination and sexual harassment issues, and to promptly and appropriately investigate any allegations that any of its employees may have engaged in improper discrimination or harassment activities. c. The COUNTY in its sole discretion, has the right to require VPD to replace any employee who provides services of any kind to County pursuant to this MOU with other employees where COUNTY is concerned that its employees or clients may have been or may be subjects of discrimination or harassment by such employees. The right to require replacement of employees as aforesaid shall not preclude COUNTY from terminating this MOU with or without cause as provided for herein.

XXVIII. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) a. VPD shall comply with the Health Insurance Portability and Accountability Act (HIPAA) Business Associate exhibit, as set forth in Exhibit C attached. b. At termination of this MOU, VPD shall, if feasible, return or destroy all protected health information received from, or created or received by, VPD on behalf of COUNTY that VPD still maintains in any form, and retain no copies of such information; or, if such return or destruction is not feasible, extend the protection of this MOU to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information feasible.
c. COUNTY may immediately terminate this MOU if COUNTY determines that VPD has violated a material term of this provision.

XXIX. GOVERNING LAW
This MOU shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in Tulare County, California.
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12 THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

COUNTY OF TULARE
Date: BY
Chairman, Board of Supervisors
ATTEST: Jason T. Britt
County Admirative Officer/Clerk of the Board of
the Board of Supervisors of the County of Tulare
By:___________________
Deputy Clerk
Approved as to Form by
County Counsel
By ______________ Matter No.

Deputy
Date______

CITY OF VISALIA
Date:________ By________________________________________ City of Visalia Manager
Date:________ By________________________________________ City of Visalia Police Chief
Date:________ By________________________________________ HOPE Team Manager
Date:________ By________________________________________ City of Visalia Attorney
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0182 Agenda Date: 8/21/2023 Agenda #: 1.

Agenda Item Wording:

UPCOMING CITY COUNCIL MEETINGS:

Tuesday, September 05, 2023 at 7:00 p.m. @ 707 W. Acequia Monday, September 18, 2023 at 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].

Visalia City Council Page 1 of 1 Printed on 8/18/2023
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Visalia City CouncilAugust 21, 2023

Visalia City Council
August 21, 2023