Agenda packet — Visalia City Council, August 21, 2023 (part 1 of 3)

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Emmanuel Hernandez Soto
Council Member Steve Nelsen
Council Member Liz Wynn
Monday, August 21, 2023 7:00 PM City Council Chambers

ROLL CALL
CALL TO ORDER WORK SESSION - 5:00 PM

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

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

WORK SESSION AND ACTION ITEMS (as described)

1. NEW EMPLOYEE INTRODUCTIONS:

INFORMATION SERVICES
Joseph Grimes, Computer Technician
Chris Terry, Information Systems Analyst
Michelle Maldonado, Geographic Information Systems Analyst

CONVENTION CENTER
Sidney Regalado, Sales Representative
HUMAN RESOURCES:

Amy Powell, Management Analyst - HR/Risk
Andrew Guzman, Insurance and Benefits Manager
23-0312

2. Consideration and direction on initiating a potential ordinance to regulate the use and operation of pedicabs within the City of Visalia and whether to allow the consumption of alcohol by pedicab passengers under designated circumstances.
23-0301

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1 City Council Meeting Agenda - Final August 21, 2023

3. Consideration of and direction on initiating potential Municipal Code updates to Visalia Municipal Code Chapter 12.48 Special Events. 23-0297
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

SPECIAL PRESENTATION / RECOGNITION

PUBLIC COMMENTS
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.

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

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only. 23-0118

2. Authorize the City Manager to award a sole source contract for the replacement of factory correct Ultraviolet (UV) Disinfection System components at the Water Reclamation Facility (WRF) to Veolia WTS Services for a not-to-exceed amount of $120,000. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods.
23-0258

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2 City Council Meeting Agenda - Final August 21, 2023

3. Authorize the City Manager to execute a sole source agreement for professional services with the Urban Tree Foundation, Inc. for a two-year term with the option to renew for three additional one-year terms, in an amount not to exceed $150,000 per year.
23-0260

4. Review and accept the 2022-2023 Annual Report from the City of Visalia Historic Preservation Advisory Committee.
23-0292

5. Request authorization to record the final map for Highland Park, Unit Nos. 3 & 4 subdivision located at the northwest corner of West Riggin Avenue and North Giddings Street, authorize the City Manager to execute the subdivision agreement, and authorize the formation of Landscape and Lighting Assessment District No. 22-05 and order the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 22-05 “Highland Park Unit Nos. 3 & 4.” (Resolution Nos. 2023-32 and 2023-33 required)
23-0293

6. Authorize the City Manager to sign a Grant Forfeiture Letter for the Mill Creek Beautification Project.
23-0299

7. Authorize and award a purchase contract to Sourcewell Master Vehicle contract, 091521-NAF, with National Auto Fleet Group located in Watsonville, CA, in the amount of $2,791,000 to purchase thirty-two (32) 2024 Ford Police Interceptor patrol vehicles and appropriate $1,982,300 from various funds. 23-0307

8. Request authorization to file a Notice of Completion for Diamond Oaks - Unit No. 1 subdivision containing 44 single-family residential lots and 8 triplex multi-family lots located at the intersection of East Caldwell Avenue and South Ben Maddox May.
23-0309

9. Authorize City Manager to execute a new annual contract for the supply and delivery of oil and grease products to SC
Fuels/Southern Counties Oil, not to exceed $185,000 annually.

This is a one-year contract with 4 one-year optional renewals. 23-0311

10. Authorize the City Manager to Award RFB 22-23-05 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant D to Elite Maintenance and Tree Service, Inc., of Clovis, CA, $158,535.17 annually per specifications of RFB 22-23-05.
23-0315

11. Authorize the City Manager to Award RFB 22-23-07 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant F to Elite Maintenance and Tree Service, Inc., of Clovis, CA, $88,389.84 annually per specifications of RFB 22-23-07.
23-0316

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3 City Council Meeting Agenda - Final August 21, 2023

12. 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). 23-0317

13. 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. 23-0319

14. 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. 23-0320

15. 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. 23-0324

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

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. 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]. 23-0182

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4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0312 Agenda Date: 8/21/2023 Agenda #: 1.

Agenda Item Wording:

NEW EMPLOYEE INTRODUCTIONS:

INFORMATION SERVICES
Joseph Grimes, Computer Technician
Chris Terry, Information Systems Analyst
Michelle Maldonado, Geographic Information Systems Analyst

CONVENTION CENTER
Sidney Regalado, Sales Representative
HUMAN RESOURCES:

Amy Powell, Management Analyst - HR/Risk
Andrew Guzman, Insurance and Benefits Manager
Visalia City Council Page 1 of 1 Printed on 8/18/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0301 Agenda Date: 8/21/2023 Agenda #: 2.

Agenda Item Wording:

Consideration and direction on initiating a potential ordinance to regulate the use and operation of pedicabs within the City of Visalia and whether to allow the consumption of alcohol by pedicab passengers under designated circumstances.

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

Luma Fahoum, Police Captain, (559) 713-4103, [email protected] <mailto:[email protected]>
Tracy Robertshaw, Neighborhood Preservation Manager, (559) 713-4187, [email protected] <mailto:[email protected]> Jason Salazar, Police Chief, (559) 713-4253, [email protected] <mailto:[email protected]>
Jim Koontz, City Attorney, (559) 372-2400, [email protected] <mailto:[email protected]>
Paul Bernal, Community Development Director, (559) 713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the City Council consider whether Council desires to allow pedicabs to operate in Visalia, and if so, then to provide direction to staff to propose a potential ordinance to regulate the use and operation of pedicabs within the City of Visalia. This proposed ordinance intends to establish rules and regulations that would allow the operation of pedicabs within the City. If Council directs City staff to move forward, then staff would seek input from interested groups and return with an ordinance for consideration.

As noted in the report as drafted, the ordinance contains specific provisions allowing the consumption of alcohol by pedicab passengers if statutory requirements are followed. State law provides that local agencies can allow the consumption of alcohol by local ordinance. The Council can approve the proposed ordinance with or without these provisions.

Background Discussion:

Pedicabs, are defined under state law to include bicycles, including electric bicycles, that transports or is capable of transporting passengers, and is available for hire. The use of these types of vehicles as an alternative to larger vehicles for hire has increased in recent years. As cities develop additional bicycle lanes, the use of pedicabs as an alternative form of transportation for hire is likely to increase.

Although a pedicab could be considered similar to taxis or rideshare vehicles, the proposed ordinance presumes and would require a fixed route with pre-designated loading and unloading Visalia City Council Page 1 of 4 Printed on 8/18/2023
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File #: 23-0301 Agenda Date: 8/21/2023 Agenda #: 2.
zones that would be outside of roadways to avoid disrupting vehicular traffic.

State law, Vehicle Code sections 21215-21215.5, state specific operational rules for pedicabs in California. These rules require that pedicabs be authorized by local ordinance to operate within the jurisdiction. There has been interest from a pedicab company to begin operations within Visalia and City staff has prepared a draft ordinance that would allow this business to operate using state law requirements, along with some additional provisions to prevent pedicabs from loading and unloading in public parking lots and roadways.

State law otherwise requires that pedicab operators be over the age 21 with valid driver’s licenses; that the pedicab be equipped with seats for passengers, brakes, headlights, grab rails, and inspected annually; that operators be required to provide specified levels of insurance; that pedicabs are not allowed to operate on streets with a speed limits in excess of 30 miles per hour, except to cross at intersections; that pedicab operators report to the California Highway Patrol any accidents; that pedicabs are not permitted to load or unload passengers on roadways or in the middle of highways; that pedicabs shall be operated close to the right hand curb or edge of roadway except when necessary to overtake a vehicle, avoid an object, or when preparing to make a left turn.

In addition to these rules, state law allows local agencies to adopt their own regulations for pedicabs.

City staff, in response to requests for the operation of pedicab businesses, has developed a proposed ordinance for Council consideration and is recommending adoption of such an ordinance to regulate the licensing, use, and operation of pedicabs. The proposed ordinance requires state mandates be followed and in addition contains additional provisions requiring background review of pedicab owners. Background investigations are also required for pedicab operators. If alcohol consumption is permitted, then safety monitors employed by the pedicab owner will also be required to complete a background investigation. The proposed ordinance also contains requirements allowing the City to inspect pedicabs prior to operation and additional specifications regarding the operational equipment on the pedicab.

The proposed ordinance also requires pedicab owners to provide proposed pedicab routes and stopping points. This requirement is to make sure the City will know where pedicabs will be operating and that the pedicab company has planned for adequate space for passenger loading and unloading that will not interfere with vehicles. As stated in state law, loading, and unloading passengers in roadways or highways is prohibited. The proposed ordinance requires pedicab business applicants to provide a planned operational route with loading and unloading areas identified. Applicants would need to provide City staff with evidence that they have authorization for the proposed parking locations. The proposed ordinance would prohibit loading or unloading passengers in public parking lots, unless a pedicab business is using spaces that are already being leased. The proposal puts the requirements on the pedicab business to secure the locations to load and unload passengers as part of the business licensing process.

State law also allows for the consumption of alcohol by passengers riding in pedicabs when such usage is permitted by local agencies. Local agencies can decide whether to allow this type of usage by pedicab customers. Other jurisdictions allow public consumption by passengers of pedicabs as an excursion similar to other types of alcohol tasting events or as part of traveling to and from businesses that serve alcohol. This usage has proven popular in some jurisdictions.

City staff would recommend first allowing the operation of pedicabs without the alcohol provisions, Visalia City Council Page 2 of 4 Printed on 8/18/2023
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File #: 23-0301 Agenda Date: 8/21/2023 Agenda #: 2.

City staff would recommend first allowing the operation of pedicabs without the alcohol provisions, but the attached ordinance includes allowing alcohol consumption for review and comment. The provisions allowing alcohol consumption can be removed by City Council prior to adoption and reconsidered at a later time.

Under state requirements, when alcohol consumption is allowed there must be a separate safety monitor and operator on the pedicab employed by pedicab owner. Pedicab employees must also complete designated state training on alcohol and drugs. The pedicab operator is not permitted to provide alcohol, passengers must supply their own and the beverages must be sealed and unopened prior to consumption on the pedicab.

The draft ordinance would allow for the consumption of alcohol by pedicab passengers as otherwise permitted by state law. In addition to these general requirements, the safety monitor would be required to pass a background check and only one alcoholic beverage would be permitted to be opened and consumed in between pedicab stops. The pedicab operator shall also be responsible for disposing of beverage containers and preventing empty or partially empty containers from being left in the public right of way. Passengers are also required to surrender open containers for disposal prior to disembarking from the pedicab.

Public consumption on streets or sidewalks to and from the pedicab unloading points would not be permitted. To avoid confusion with existing ordinances, if alcohol consumption by pedicab customers is allowed, then City staff would recommend including an additional exception to the current municipal code provision that generally prohibits open containers on public property.

Fiscal Impact:

A cost recovery fee would be imposed as part of the licensing process to recover staff time spent conducting background reviews and vehicle inspections.

Prior Council Action: N/A
Other: N/A
Alternatives:

The City Council can alternatively decide not to allow pedicab businesses to operate within the City of Visalia and direct staff not to return with an ordinance or specifically direct staff not to further pursue an ordinance allowing alcohol consumption at this time.

Recommended Motion (and Alternative Motions if expected):

I move to approve moving forward with the operation of pedicabs within the City of Visalia and direct City staff to proceed with processing the proposed ordinance and return to City Council for a first reading of the ordinance after additional input is sought from interested groups within the City.

Environmental Assessment Status:

The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15378, it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Furthermore, even if the resolution were to be determined to be a project, the resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that the resolution or its implementation would have a significant effect on the environment.

Visalia City Council Page 3 of 4 Printed on 8/18/2023
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File #: 23-0301 Agenda Date: 8/21/2023 Agenda #: 2.

CEQA Review:

The requested action is not a “project” under CEQA.

Attachments:

1. Draft ordinance to regulate the use and operation of pedicabs Visalia City Council Page 4 of 4 Printed on 8/18/2023
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ORDINANCE 2023-08

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA, CALIFORNIA, ADDING CHAPTER 5.76 TO THE CITY OF VISALIA

MUNICIPAL CODE TO REGULATE PEDICABS AND TO AMEND OTHER

RELEVANT MUNICIPAL CODE SECTIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

Section 1. City Council Findings. Consistent with its control over municipal affairs 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 Council of the City of Visalia hereby makes the following findings:

A. City streets are utilized by motor vehicle and bicycle traffic.

B. Pedicabs, which are defined as bicycles, including electric bicycles, that are built so that they can transport passengers and are typically for hire, have grown in popularity as a form of transportation, particularly when used for hire or as part of mobile tours.

C. California Vehicle Code section 21 states that Vehicle Code provisions are applicable and uniform throughout the state and a local authority shall not enact or enforce any ordinance on matters covered by the Vehicle Code unless expressly authorized by law.

D. California Vehicle Code sections 21215-21215.5 contain statewide rules that govern equipment standards and operating requirements for pedicabs.

E. Vehicle Code sections 21100(n) and 21215.5 specifically authorize local authorities to license and regulate the operation or pedicabs for hire, the operators of pedicabs for hire, and allow local authorities the right to impose operating requirements and equipment requirements that are more stringent than state law.

F. The City Council finds that providing pedicab licensing and regulations that are specific to the City of Visalia is necessary to ensure safe, quality pedicab services, mitigate negative impacts on traffic circulation, and promote the general welfare.

G. State law permits local authorities, by ordinance, to legalize the consumption of alcohol by pedicab passengers. State law does not allow for the sale of alcohol by pedicab operators to passengers.
10 H. The City Council recognizes alcohol consumption can cause safety hazards but finds that regulations to permit consumption by passengers in pedicabs would be appropriate and provide an alternative for pedestrians to travel between venues.

I. City Council finds and determines that consumption of alcoholic beverages by passengers in pedicabs, in accordance with this ordinance, would be appropriate and not a violation of the City’s current prohibition on consumption of alcoholic beverages within the public right of way.

Section 2. New Municipal Code Section. The following provision, which regulates the licensing, operation, and use of pedicabs within the City of Visalia is hereby added to the Visalia Municipal Code:

Chapter 5.76

PEDICAB REGULATIONS

5.76.010 Definitions

5.76.020 Pedicab Owner Permit Requirements

5.76.030 Pedicab Vehicle Operation Requirements

5.76.040 Pedicab Routes

5.76.050 Enforcement

5.76.060 Requirements For Consumption of Alcohol

5.76.010. Definitions.

The following words or phrases used in this Chapter shall have the following meanings:
“Operates” means to pedal, steer, use the brakes, or otherwise control a pedicab, it does not include actions by persons that might be providing power to a bicycle by pedaling if they do not simultaneously have control over any steering mechanism of the bicycle. “Owner” means any person who owns a pedicab.
“Pedicab” means a bicycle, including an electric bicycle, that has three or more wheels, that transports, or is capable of transporting passengers on seats attached to the rear of the bicycle, that is operated by a person, and that is being used for transporting passengers for hire within the City of Visalia.
11 “Pedicab license” means a nontransferable license, in the form of a decal or similar material issued by the City of Visalia to a pedicab owner for display on the pedicab to indicate that the pedicab is permitted to operate within the City of Visalia. “Pedicab operator” or “operator’ means a person who steers, uses brakes, or otherwise operates the pedicab.
“Pedicab owner permit” means the permit issued by the City of Visalia to a pedicab owner to indicate that their pedicab business is permitted to operate within the designated areas of the City of Visalia.

5.76.020. Pedicab Owner Permit Requirements
A. A pedicab owner shall not operate a pedicab, nor allow their pedicab to be operated within the City unless the owner has a valid business tax certificate, pedicab owner permit, and pedicab decal, issued by the City of Visalia. Pedicab owner permits are the property of the City and are not transferable to another person.

B. A pedicab owner must obtain a separate pedicab decal for each pedicab that the owner operates within the City. Pedicab decals may not be transferred.

C. Pedicab owners must submit a pedicab owner permit and operator application to the City. The permit application shall be in a form approved by the Visalia City Manager, or designee, and shall require the following information:

1. The pedicab owner’s full name, date of birth, (applicant must be over eighteen) business address, residence address, and contact information. The same information shall be required for each pedicab operator.

2. The name(s) under the applicant will be conducting business as a pedicab owner.

3. Proof of insurance in a form and with wording acceptable to the City of Visalia and in compliance with California Vehicle Code section 21215 financial responsibility provisions.

4. Proposed pedicab business route. The business route is subject to approval by the City and must comply with the provisions set forth in this ordinance for pedicab routes.

5. Complete a background check to be conducted by the Visalia Chief of Police or designee in a manner prescribed by the Visalia Police Department.

In addition, all pedicab operators, or persons considered to be pedicab operators would be required to complete a background check to be conducted by Visalia Chief of Police or designee.
12 6. The pedicab owner application shall contain an indemnification requirement stating that the pedicab owner agrees to reimburse the City of Visalia for any costs incurred by it in repairing damages to City property proximately caused by permittee’s pedicab operations, employees, agents, customers, or any person who was under the permittee’s control as permitted by law. In addition the permittee shall agree to hold harmless, indemnify, and defend the City of Visalia, its officials, members, agents, and employees against any claims, costs, damages, demands, liability, and notices, arising or resulting from any damage or injury proximately caused by actions of the permittee in connection with operation of permittee’s pedicabs, regardless of whether the City of Visalia is actively or passively negligent, except for those claims, costs, damages, demands, liability and notices, caused solely by the negligence or willful misconduct of the City.

7. Applications must be signed and may be denied, suspended, or revoked if the applicant is found to have made any misrepresentations.

8. City of Visalia shall charge an annual nonrefundable pedicab owner permit and pedicab operator permit fee to recover the cost of activities associated with the administration, regulation, and issuance of pedicab owner and operator permits, as may be determined by the City Council.

D. Pedicab owner and operator permits shall be renewable annually upon the filing and approval of an application and payment of the annual pedicab owner and/or operator permit fee.

E. Pedicab owners must also acknowledge, in writing, that their business will comply with all requirements for pedicab operations required by the California Vehicle Code.

F. The City Manager, or designee, may deny issuance of a pedicab owner permit, pedicab operator, or pedicab vehicle permit if an applicant for such permit:

1. Fails to comply with the requirements of this chapter; or

2. Misrepresents facts relevant to the fitness of the applicant; or

3. Has been convicted of a crime involving moral turpitude or narcotics, or is required to register pursuant to California Health and Safety Code Section 11590(a); or

4. Has been convicted for hit and run, driving a vehicle recklessly, or while under the influence of intoxicating alcohol or drugs within the seven years immediately preceding application for a pedicab owner permit or pedicab vehicle permit.
13 5.76.030. Pedicab Vehicle Operation Requirements
A. It is unlawful for a pedicab owner to allow a pedicab to be driven or operated for hire within the City of Visalia without first obtaining a pedicab license. The pedicab may not be operated for hire unless the pedicab license has been issued and the license is affixed in a conspicuous and visible location on the pedicab.

B. Pedicab licenses are the property of the City of Visalia and are not transferable to any other pedicab.

C. Pedicab licenses require the following from the pedicab owner:

1. Completion of a pedicab vehicle permit application in a form prescribed by the City Manager or designee.

2. Only persons with a valid pedicab owner permit can apply for a pedicab vehicle permit and a separate vehicle permit is required for each pedicab owned by the pedicab business.

3. Application must include a description of the pedicab, including but not limited to the serial number, owner identification number, body style, color scheme, seating capacity, and proof of insurance.

4. All pedicabs must meet California Vehicle Code requirements for pedicabs, including but not limited to seating capacity for not more than 15 passengers, seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rails.

5. In addition to state requirements, lighted turn signals shall be required and lighted running lights to improve visibility of pedicab at night. Reflectors must also be attached to all sides of the pedicab.

6. Headlights must be capable of projecting a beam of white light for three hundred feet.

7. Taillights shall be red in color and plainly visible from all distances within five hundred feet to the rear of the pedicab.

8. Prior to issuance the pedicab must pass an inspection to confirm compliance with California Vehicle Code requirements and the requirements in this ordinance.
14 9. City of Visalia shall charge an annual nonrefundable fee pedicab vehicle permits to recover the cost of activities associated with the administration, regulation, inspection, and issuance of such permits, as may be determined by the City Council.

D. Pedicab vehicle permits shall be valid for a period of one year from date of issuance.

E. Pedicabs must be kept in a clean and sanitary condition, be available for inspection by City staff at reasonable times and operate in compliance with all local and state laws applicable to pedicabs and pedicab operations.

F. Pedicab owners must report any accidents caused or experienced by the pedicabs to the City of Visalia, in writing.

G. Pedicabs may not impede or block normal or reasonable movement of pedestrians or vehicular traffic.

H. Loading or unloading pedicab passengers on roadways or in the middle of the roadways is prohibited, pedicabs must be parked off the roadway to load and unload passengers and only in locations that have been designated by the pedicab owner and approved by the City prior to usage.

I. A fare schedule shall be posted and no pedicab operator shall charge a passenger a fare greater than the posted fare.

5.76.040. Pedicab Routes
A. Pedicab owners must submit an operations route with their application of a pedicab owner permit application. Pedicabs shall only operate along routes that have been submitted to and approved by the City of Visalia as part of the issuance of a pedicab owner permit application.

B. Pedicabs are not permitted to operate, except to cross at signalized intersections, on roadways with speed limits higher than 30 miles per hour.

C. Pedicab routes must include designated loading and unloading locations and the pedicab owner shall be required to provide a diagram of each designated location and authority from the owner of the applicable location that demonstrates, to the satisfaction of City Manager, or designee, that the pedicab operator has sufficient legal authorization to park, load, and unload passengers, at each designated location. The use 15 and reference of private parking lots can be considered sufficient if the pedicab operator demonstrates that they have an agreement to utilize the private parking lot when the pedicab will be operating. Designation of a publicly owned parking lot is not permissible unless the parking lot is already being leased to a private party.

D. Temporary pedicab routes may be approved for usage as part of a temporary conditional use permit or special event permit issued by the City if all other requirements of this Chapter are met.

5.76.50. Enforcement
A. Any person violating any portion of this Chapter 5.76 is guilty of an infraction or a misdemeanor punishable in accordance with the Visalia Municipal Code.

Alternatively, the City Manager, or designee, may issue an administrative citation in accordance with the Visalia Municipal Code and enforce the violation through the administrative remedies stated in the Visalia Municipal Code.

B. Where the violation is of a continuing nature, each day that the violation continues constitutes a separate and distinct violation.

C. The remedies specified in this Section are cumulative and their specification shall not preclude the use of any other remedy provided by law.

5.76.060. Requirements For Consumption of Alcohol
A. The City of Visalia, by this section is hereby allowing the consumption of alcohol by passengers of pedicabs that are operating pursuant to validly issued City of Visalia licenses, in accordance with state law, California Vehicle Code section 21215.2, as it may be amended.

B. Consumption of alcoholic beverages requires the pedicab to be operated by a driver and in addition to the driver for an onboard safety monitor, that is 21 year of age or older, to be present on the pedicab whenever alcohol is being consumed by passengers during the operation of the pedicab. The driver and onboard safety monitor shall not be under the influence of alcohol at any time. The onboard safety monitor shall be considered and treated as an additional driver of the pedicab and shall be required to obtain a pedicab operator permit from the City.
16 C. The driver and the onboard safety monitor shall complete the training course mandated by California Vehicle Code section 21215.2, as it may be amended, prior to operating a pedicab with customers that consume alcohol.

D. Alcoholic beverages shall not be provided by the operator or onboard safety monitor of the pedicab or any employee or agent of the pedicab owner. Alcoholic beverages may only be supplied by the passengers of the pedicab and all applicable municipal codes regarding possession of open containers and the prohibition of alcohol consumption in public places shall apply when the passengers are not on the pedicab.

Alcoholic beverages provided by passengers must be in enclosed, sealed, and unopened containers prior to their consumption on board the pedicab. No more than one alcoholic beverage shall be permitted to be opened and consumed by a pedicab passenger between pedicab stops.

E. The pedicab operator shall be responsible for preventing any open container of alcohol from being improperly discarded from the pedicab. It is a violation of this ordinance for empty or partially filled beverage containers to be left in the public right of way by pedicab passengers. Alcoholic containers that are opened while the pedicab is in motion must be consumed and the containers properly discarded.

F. Pedicab passengers shall be required to surrender unfinished open alcoholic beverage containers to the pedicab operator for disposal prior to disembarking from the pedicab.

Section 3. Revision to Visalia Municipal Code Section 9.04.080. The Visalia City Council hereby finds that the following revision to Municipal Code Section 9.04.080, listing an additional exception from the general prohibition of possession an open container of alcohol or consuming alcohol in public places is necessary to allow for the operation pedicabs as regulated by this revised ordinance. The following language, in italics is hereby added to Section 9.04.080:

9.04.080 Exceptions
A. For purposes of this article, the definition of public place shall not include any city owned community centers, within the city limits of the city. In addition, the city manager shall have the authority to exempt from the applicability of this article, any public place, within the city, on a specified date and for a specified period of time, provided:

1. Said public place is to be used for a public charitable, educational and/or recreational purpose;

2. Said activity is sponsored by a public, non-profit organization or group; 17 3. That all alcoholic beverages sold and/or provided in conjunction with said public activity are dispensed by public, nonprofit, charitable organizations, or groups; and

4. That all such alcoholic beverages are consumed within the area so designated in the permit issued by the city manager.

B. The city manager shall establish reasonable rules and regulations for the application, processing and issuance of such permits for such specific event exemptions.

C. In addition, the possession or consumption of alcoholic beverages by passengers in a pedicab that has been licensed and is in complying with all applicable state and local laws to operate within the City of Visalia shall not be violation of this article.

Section 4. California Environmental Quality Act Requirements. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines since the activity in question is not a “project” as defined in CEQA Guidelines Section 15378, it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Further, even if this Ordinance were to be determined to be project it would be exempt from CEQA because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. 15061(b)(3).) Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

Section 6. Effective Date. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect thirty (30) days from the date of adoption.

PASSED AND ADOPTED:
18 PEDICAB ORDINANCE
August 21, 2023 CITY
of Visalia
19 CITY
o f V i s a l i a
Agenda Item
First Reading of Ordinance No. 2023-xx, an ordinance to regulate the use and operation of pedicabs within the City of Visalia and allow the consumption of alcohol by pedicab passengers in accordance with state law and the provisions of this ordinance.
2 20
CITY
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• Operators must be 21 with a valid driver’s
license.
• Pedicab be quipped with seats, brakes,
headlights, grab rails, and annual
inspections.
• Insurance.
• Not allowed on streets with speed limits in
excess of 30 miles per hour.
• May not load or unload on roadways.

PEDICABS ARE
Electric bicycles that transport passengers for hire.
3 Vehicle Code 21215-21515.5
Requires operational rules and
authorization by local ordinances.
21 CITY
o f V i s a l i a

VEHICLE CODE
21215-21515.5
State law allows for additional
Municipal Code regulations:
• Background Investigations of pedicab owners and
operators.
• Pedicab Inspections.
• Pedicab owners to provide routes and stopping
points.
4 22
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o f V i s a l i a

VEHICLE CODE
21215-21515.5
State law allows for the
Consumption of Alcohol:
• Operator MUST obtain State training on alcohol and
drugs.
• Operator may NOT provide alcohol.
• Passengers MUST supply their own alcohol
(unopened prior to boarding).
5 23
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Additional Alcohol Requirements in
Proposed Ordinance
• Operator MUST pass a background test.
• Riders can ONLY consume one alcohol beverage between
stops.
• Operator MUST control trash/debris.
• Operator MUST dispose of open beverage containers prior to disembarking.
• Passengers are also required to surrender open containers for disposal prior to disembarking.
6 24
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ENFORCEMENT
Traffic violations will be enforced by the Visalia Police Department.

Business violations will be enforced by City of Visalia Code Enforcement.
7 25
CITY
o f V i s a l i a
Thank You
QUESTIONS?
8 26
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0297 Agenda Date: 8/21/2023 Agenda #: 3.

Agenda Item Wording:

Consideration of and direction on initiating potential Municipal Code updates to Visalia Municipal Code Chapter 12.48 Special Events.

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

Tracy Robertshaw, Neighborhood Preservation Manager, (559)713-4187, [email protected] <mailto:[email protected]> Paul Bernal, Community Development Director, (559)713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the City Council conduct a review of current processes and ordinance requirements related to Special Events (Chapter 12.48 of the Municipal Code) and consider information presented in this staff report. Based on the staff report, presentation, and public comments received, the City Council may direct staff to formulate changes related to Special Events and begin processing a Municipal Code Text Amendment to implement these changes.

Summary:

A recent review of Visalia Municipal Code Chapter 12.48 (Special Events) determined that it is in need of revisions that require clarification and corrections to various portions of this chapter. The following is a summary of the sections that need revisions.

1. Special Events Committee Name (reference Entire Chapter) Throughout the ordinance, “Special Events Committee” is referenced. This language is misleading since there is not a committee of appointed members. Rather, the meetings held regarding Special Event applications is conducted entirely between City Departments / Divisions comprised of staff members from various departments.

In addition, the ordinance also requires the applicant meet with staff. However, given the current make of staff members assigned to review Special Event applications, staff does not require a meeting with applicants. Rather, if any additional information is required based on a Special Event application submittal, staff contacts the applicant to obtain this additional information, and if needed, may schedule a meeting between the applicant and City staff to address additional questions prior to processing the Special Event application. Updating the ordinance to reflect how Special Event applications are processed and reviewed by City staff is needed so that applicants have a clear understanding of how their application will be reviewed in accordance with the Special Events ordinance.

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Therefore, staff recommends that revised language be implemented, and the word “committee” be replaced with language the reflects the group being comprised of City staff and not appointed by a governing body. Furthermore, revisions in the ordinance on holding a meeting between the applicant and staff are recommended to reflect how these applications are processed and reviewed for approval.

2. Special Event Authorization (Section 12.48.080 and 12.48.90) Potential changes to this section will be considered to ensure that adequate language in the findings as listed in Section 12.48.080 are clear and concise when deciding whether to approve a Special Event application based on the information provided by the applicant. It is also suggested that language limiting special events that are not for strictly commercial reasons be deleted, to avoid placing City staff in a position of determining when an event is or is not being held for a commercial purpose. The revised conditions focus on requiring events to meet health and safety concerns, along with reviewing whether an applicant has a history of violating municipal requirements. An additional finding to allow denial of an application if it is determined that the special event will interfere with municipal services or other public agency services is also proposed. Language is also proposed to clarify the process for rejecting a special event application.

3. Insurance, Indemnification, Risk Mitigation Requirements (Section 12.48.100) Based on staff’s research regarding this section of the ordinance, staff concludes that additional revisions to this section are required given the liability concerns that may arise from events using City property. Staff will seek to make revisions that protect the City and require applicants to provide insurance coverage when it is demonstrated that the event requires such coverage. Staff will work with the City Attorney’s office to ensure any revisions made to this section does not infringe on activities or events that are protected under First Amendment rights.

4. Monetary Deposits for Certain Special Events (Section 12.48.130) Section 12.48.130 identifies that staff may require an applicant to pay a deposit reasonably calculated to reimburse the city for its reasonable and necessary costs in providing services for a special event. However, a “reasonable calculation / formula” has never been established based on staff’s research related to this ordinance provision. This has resulted in no deposits being collected for special events.

If directed, staff will proceed with establishing formulaic approaches on quantifying deposit amounts based on special event uses, which could be derived based on the size of the special event (anticipated number of participates) and/or the area needed for use by the special event (e.g., downtown area vs. a portion of public right-of-way). The formulas established would be contained in an updated Special Event policy that the revised ordinance language would crossreference thereby ensuring applicants submitting Special Event applications understand what deposit amount could be applied to their event.

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File #: 23-0297 Agenda Date: 8/21/2023 Agenda #: 3.

5. Traffic and Usage of Public Facilities Concerns
The City Council may also want to consider directing staff to incorporate new provisions to the Special Event ordinance to address concerns over traffic pattern disruptions caused by multiple special events and to increase the use of park facilities in lieu of streets for events.

There have been concerns raised with City staff about repeated usage of the same streets for events and whether that can cause disruptions of traffic patterns and parking. Staff notes that it is a possibility but would also note that the use of public property, including public streets, is a matter of public policy that can be set by the City Council through the special event ordinance, which can be worded to generally allow the use of public streets for special events, or be more restrictive in the use of streets.

City staff reviewed the usage of different publicly owned facilities over recent years and is interested in encouraging the use of these public facilities.

Below is the total number of events City records show as scheduled uses between 2018-2023 (July) at Garden Street Plaza:
· 2018 - 30 events
· 2019 - 56 events
· 2020 - 22 events
· 2021 - 7 events
· 2022 - 14 events
· 2023 - 11 (through July)
Below is the total number of events scheduled at the Convention Center Courtyard during recent years:
· 2018-2019 - 10 events (4 had multiple days)
· 2019-2020 - 5 events (1 had multiple days)
· 2020-2021 - 5 events
· 2021-2022 - 1 event
· 2022-2023 - 6 events (2 had multiple days)
The City Council may consider limiting the number and/or frequency of a Special Event that is consistently held, in the same location, using public streets or publicly owned outdoor facilities over a specified timeframe in the same calendar year. Consideration may be sought to limit the number of times continuous events are held when these events utilize public streets, sidewalks, or public outdoor owned facilities for their benefit as a way to conduct their regular business.

Parks already has ordinance requirements that permit commercial vendors from operating in the park; however, if the Council desires, further research and potential changes to the Special Events ordinance could be considered that may limit the frequency of a Special Event as noted above within a park location and/or a publicly owned outdoor space.

Below is an example revision to the Special Events Ordinance that is intended to limit the usage of streets for events, it contains an exception for parades, since that type of event is specifically intended for streets, it would also allow special events supported by businesses adjacent to the proposed street location since traffic disruption concerns are often linked to parking concerns Visalia City Council Page 3 of 5 Printed on 8/18/2023
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File #: 23-0297 Agenda Date: 8/21/2023 Agenda #: 3.
proposed street location since traffic disruption concerns are often linked to parking concerns these businesses would be directly impacted by the proposed event and would likely be suited to decide whether a proposed event should be considered disruptive. It should be noted that this proposal is not included in the attached draft revisions.

Based on direction received, staff will work on drafting updates to the Special Events ordinance which will be presented to the Council at a future meeting. In addition, if directed by the City Council, any proposed revisions to the Special Events ordinance can be presented to various stakeholders that have utilized the Special Events process.

Fiscal Impact:

N/A
Prior Council Action: N/A
Other: N/A
Alternatives:

The City Council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Section 12.48 Special Event.

Recommended Motion (and Alternative Motions if expected):

I move to direct staff to begin drafting revisions to Chapter 12.48 based on the City Council’s desired options as identified in the staff report and during the work session presentation.

Environmental Assessment Status:

The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15378. Furthermore, this action is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that it would have a significant effect on the environment.

CEQA Review:

The requested action is not a “project” under CEQA.

Attachments:

1. Chapter 12.48 Special Events
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Sections:

12.48.010 Purpose.

12.48.020 Definitions.

12.48.030 General provisions.

12.48.040 Applications for non-expressive special events.

12.48.050 Applications for expressive events.

12.48.060 Application contents.

12.48.070 Spontaneous expressive events.

12.48.080 Special event authorization.

12.48.090 Rejection and notice.

12.48.100 Insurance, indemnification, risk mitigation.

12.48.110 Interference with a special event.

12.48.120 Appeal.

12.48.130 Cleanup deposits for certain special events.

12.48.140 Duties of applicant.

12.48.150 Severability.

Section 12.48.010 Purpose.

The purpose of this chapter is to promote the city's interest in regulating competing uses of public fora, in regulating the streets to protect the safety, comfort, and convenience of the public, and in ensuring adequate public safety and other city services. (Ord. 2018-05 § 2 (part), 2018)
Section 12.48.020 Definitions.

As used in this chapter, the following terms are defined in this section:
"Applicant" shall mean any person, firm, organization, association, or corporation, and their authorized designees, that has submitted an application for authorization to conduct, sponsor, or organize an event governed by this chapter. An applicant must be 18 years of age or older.
"Special Event" shall mean any parade, march, procession, pageant, review, ceremony, festival, assembly or exhibition consisting of persons, animals or vehicles, or a combination thereof which:
32 1. Is likely to be, planned to be, or actually conducted in, upon, or along, any portion of any city street, sidewalk, alley, or other public right-of-way, or other property owned or controlled by the city;

2. Is likely to, planned to, or actually does obstruct, delay, impede, impair or interfere with the usual, normal and free pedestrian use, vehicular use, or other lawful use of the location; or is likely to, planned to, or actually does not comply with traffic controls or other applicable law; and

3. Provided, however, that a special event shall not include any association of persons which does not present serious traffic, safety, or competing use concerns beyond those presented on a daily basis by ordinary use of the streets and sidewalks, or which does not otherwise implicate significant government interests. "Expressive Event" shall mean any special event organized or conducted solely or primarily for the purpose of engaging in speech protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution. "Spontaneous Expressive Events" shall mean any expressive event occasioned by news, affairs, or circumstances coming into public knowledge less than five days prior to the date of such event.
"Application Fee" shall mean the fee to be paid by the applicant for a special event at the time the application is filed with the special events committee, or its authorized designee. A fee schedule shall be authorized or established by resolution of the city council and shall cover the actual full costs (or a portion thereof) of processing special event applications.
"Chief of Police" shall mean the chief of police of the City of Visalia, or his/her authorized designee.
"City Manager" shall mean the city manager of the City of Visalia, or his/her authorized designee.
"Special Events Committee" or "Committee" shall mean the committee responsible for authorizing special events pursuant to this chapter, or its authorized designee. (Ord. 2018-05 § 2 (part), 2018)
Section 12.48.030 General provisions.

A. It is unlawful for any individual, entity, firm, association, or corporation to conduct, aid, or participate in any special event unless it has been approved by the committee, and said authorizing documents issued by the city are carried by an individual present at the special event and responsible for ensuring compliance with the provisions of this chapter.

B. It is unlawful for any individual, entity, firm, association, or corporation to participate in any special event with the knowledge that the sponsor of the special event has not been authorized by the committee city or that the sponsor has failed to comply with the conditions of the authorizing documents.
33 C. A special event approved by the committee A Special Event Permit authorizes the applicant to conduct only such special event as is described in the authorizing documents, and in accordance with the terms and conditions of said documents. It is unlawful for the applicant to willfully violate the terms and conditions of the authorizing documents, or for any special event participant with knowledge thereof, to willfully violate the terms and conditions of the authorizing documents.

D. Any person willfully violating any provision of this chapter shall be subject to the remedies provided under Chapter 1.13 of the Visalia Municipal Code. In addition to the remedies provided under Chapter 1.13 of the Visalia Municipal code, or as an alternative thereto, such person may also be deemed guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) for each violation. Violations may also be addressed by civil action in which the violator shall be liable for the full amount of actual costs incurred by the city in connection with the provision of any city service for, or because of, the special event, including, but not limited to, police services, fire services, emergency services, park services, traffic safety services, and public works services.

E. The committee Special Event Permits shall not be processed any application for a special event until the application fee, as set forth in the fire department's the applicable City of Visalia rates and fees schedule, has been paid in full. However, the committee fee shall be waived the application fee if:

1. The applicant presents a verified statement certifying, under penalty of perjury, that:
a. First Amendment expression is the sole or primary purpose of the special event for which the authorization is sought; and
b. Payment of the application fee would be so burdensome that in the absence of a waiver the applicant would be precluded from exercising its First Amendment rights.

2. The applicant describes the nature of the event in narrative form, including details supporting the conclusion that the special event's sole or primary purpose is First Amendment expression; and

3. The applicant explains why payment of the application fee would preclude the applicant's exercise of First Amendment rights.

4. The committee city finds by a preponderance of the evidence that:
a. All information required by this subsection (E) of this section has been provided; and
b. The statement does not contain any material falsehoods or misrepresentations; and
c. Requiring payment of the application fee would burden the applicant to such an extent that the applicant would likely be precluded from exercising its First Amendment rights. (Ord. 2018-05 § 2 (part), 2018)
Section 12.48.040 Applications for non-expressive special events. 34 A. Unless otherwise specified, the following provisions do not apply to any application for an expressive event.

B. An application for a non-expressive special event shall be submitted at least one month prior to the planned date of the event and no more than one year prior to the planned date of the event, except that applications must be submitted at least two months prior to the planned date of the event if:

1. The event is likely to be, or planned to be, in, upon, or along any portion of any city street, sidewalk, alley, or other public right-of-way; or

2. The event is likely to have, or planned to have, more than one thousand (1,000) persons in attendance.

C. After submitting an application for a non-expressive special event, the applicant shall schedule at least one meeting with the committee, either in person or via telephone, to coordinate with the city on the conduct of the non-expressive special event and to review the requirements for processing the application.

D. Additional All applications materials required by the city committee for nonexpressive special events must be received and the application deemed complete no later than seven business days prior to the planned date of the event, except that applications must be complete no later than fourteen (14) business days prior to the planned date of the event if:

1. The event is likely to be, or planned to be, in, upon, or along any portion of any city street, sidewalk, alley, or other public right-of-way; or

2. The event is likely to have, or planned to have, more than one thousand (1,000) persons in attendance.

E. D. An application is complete if the committee all required documentation and materials have been has received all information required by per Section 12.48.060 (Application contents).

F.E. If an applicant for a non-expressive special event fails to comply with the requirements of this section, the committee shall deny the application shall be denied in accordance with the provisions set forth in Section 12.48.090 (Rejection and notice). (Ord. 2018-05 § 2 (part), 2018)
Section 12.48.050 Applications for expressive events.

A. An initial application for an expressive event shall be submitted at least five business days prior to the planned date of the event and no more than one year prior to the planned date of the event, except that applications must be submitted at least seven business days prior to the planned date of the event if:

1. The event is likely to be, or planned to be, in, upon, or along any portion of any city street, sidewalk, alley, or other public right-of-way; or 35 2. The event is likely to have, or planned to have, more than one thousand (1,000) persons in attendance.

B. After submitting an application for an expressive event, the applicant shall schedule at least one meeting with the committee, either in person or via telephone, to coordinate with the city on the conduct of the event and to review the requirements for processing the application.

C. For an expressive event not requiring a special event encroachment permit as part of the authorizing documents, and not likely to have, or planned to have, more than one thousand (1,000) persons in attendance, a final decision regarding the authorization of said expressive event shall be made within three business days of the city’s committee's receipt of a complete application.

D.C. For expressive events that require a special event encroachment permit as part of the authorizing documents, or are likely to have, or planned to have, more than one thousand (1,000) persons in attendance, a final decision regarding the authorization of the expressive event shall be made within five business days of the committee's receipt of a complete application.

E. Applicants shall be notified of the committee’s decision within one business day after the decision is made.

F.D. In determining whether to authorize an expressive event, or any terms or conditions imposed thereon, the committee shall not, under any circumstances, consider the message of the event, the content of speech, the identity or associational relationships of the applicant, or make any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event shall be considered under any circumstances.
(Ord. 2018-05 § 2 (part), 2018)
Section 12.48.060 Application contents.

A. Except for spontaneous expressive events, any applicant desiring to conduct a special event or an expressive event shall complete and file with the committee all application documentation provided or otherwise available to the applicant from the city.

The applicant shall also provide any additional information required by city for the committee to make the findings required by Section 12.48.080. The city shall assist the applicant should such additional information be required.

B. In addition to the information required by subdivision (A), if a special event is likely to be, or planned to be, conducted in, upon, or along, any portion of any city street, sidewalk, alley, or other public right-of-way, the applicant shall also submit the following information:

1. A special event encroachment permit application; and

2. A plan that demonstrates how the applicant intends to comply with the city's good neighbor policy; and
36 3. A traffic control plan, when required by the city, and, where applicable, a logistics schedule.

C. In addition to the information required by subdivision (A), if an expressive event is likely to be, or planned to be, conducted in, upon, or along, any portion of any city street, sidewalk, alley, or other public right-of-way, the applicant shall also submit the information specified in subdivision (B), except such applicants shall not be required to comply with the city's good neighbor policy. (Ord. 2018-05 § 2 (part), 2018) Section 12.48.070 Spontaneous expressive events.

A. An authorization pursuant to this chapter is not required to conduct, aid, or participate in any spontaneous expressive event that complies with the provisions of this section.

B. Prior to the start of the event, the organizer of a spontaneous expressive event shall notify the committee appropriate staff of the event and, to the extent reasonably practicable under the circumstances, respond to all appropriate requests for information.

C. A spontaneous expressive event must not present a substantial safety or traffic hazard and must not unduly impede, obstruct, impair, or interfere with the public's use of the street or other public property, the operation of emergency vehicles, the provision of city services, or any lawful competing use of the location where the event is located.

D. If a spontaneous expressive event presents a substantial safety or traffic hazard, or unduly impedes, obstructs, impairs, or interferes with the public's use of the street or other public property, the operation of emergency vehicles, the provision of city services, or any lawful competing use of the location where the event is located:

1. Unless the spontaneous expressive event's location has special communicative value to the purpose of the event and such value would be lost by moving the event to another location, the event's organizer must make a diligent and good faith effort to relocate the event, and its participants, to another location that does not present a substantial safety or traffic hazard, or unduly impede, obstruct, impair, or interfere with the public's use of the street or other public property, the operation of emergency vehicles, the provision of city services, or any lawful competing use of the location where the event is located.

2. If the spontaneous expressive event cannot be relocated due to the special communicative value of the event's location or the unavailability of another location, then the chief of police shall take appropriate action to the extent reasonably necessary to eliminate the hazard, risk, interference, or impairment; provided, however, that the chief of police shall not order the area cleared or the cessation of spontaneous expressive activities unless reasonably necessary to avoid imminent danger to person or property. (Ord. 2018-05 § 2 (part), 2018)
Section 12.48.080 Special event authorization.
37 A. A special event shall be authorized if, after consideration of the application documentation provided by or requested of the applicant, along with any other relevant information in the committee's possession, the committee finds that the city determines:

1. The conduct of the special event is not likely to substantially interrupt the safe and orderly movement of traffic contiguous to the area or streets where the proposed event is to be held;

2. The conduct of the special event is not likely to require the diversion of so great a number of city police officers to properly police the streets and area being used, as to prevent normal police protection to the city;

3. The concentration of individuals, animals, and vehicles is not likely to unduly interfere with proper fire and police protection of, or ambulance services to the area, or areas contiguous thereto;

4. That the applicant has provided for an adequate number of monitors to control the orderly conduct of such event;

5. The conduct of such special event is not likely to cause injury to individuals or property;

6. If the special event is a parade, that it will likely move from its point of origin to its point of termination expeditiously and without unreasonably stopping in route;

7. The special event is not to be held for the sole purpose of advertising any product, goods, wares, merchandise, or event, and is not designed to be held purely for private profit;

8. If the applicant has previously received a special event authorization, that the applicant complied with all provisions of this chapter and with all conditions placed on the authorization, has timely paid all applicable fees, charges, and penalties imposed in relation to the authorization, or has entered into a repayment plan for all unpaid amounts and is current on all payments under such plan.

9. The special event complies with the provisions set forth in Section 12.48.100 (Insurance, indemnification, risk mitigation).

10. The special event is not likely to substantially interfere with municipal services, such as fire or solid waste, shall not interfere with ambulance services, access to emergency services, and shall not substantially interfere with educational activities of public schools near the proposed special event location.

B. Terms or conditions placed on a Special Event by the Committee shall only be included to the extent that:

1. The term or condition is necessary for the Committee to make the findings required by subdivision (A) above; or

2. The term or condition is necessary to defray municipal expenses reasonably incurred as a direct result of authorizing the special event. (Ord. 2018-05 § 2 (part), 2018) 38 Section 12.48.090 Rejection and notice.

A. If an applicant fails to comply with the requirements specified in Sections 12.48.040, 12.48.050, and/or 12.48.060, the committee application shall be denied deny the application and notify and the applicant notified in writing of the committee's action.

B. If, after receiving a complete application, the committee is unable to make the findings required by Section 12.48.080, the committee shall notify the applicant why, based on the information in the committee's possession, the committee was unable to make the required findings and shall request additional information that could enable the committee to make the required findings.

C.B. Any notice of denial shall state with specificity the reasons for the application's denial and shall identify the provision or provisions of this chapter upon which the denial is based.

D.C. All notices sent pursuant to this section shall be deposited in the United States post office in the city, postage prepaid, addressed to the applicant at his/her address as provided in the application, or be sent via electronic mail to the address provided in the application. (Ord. 2018-05 § 2 (part), 2018)
Section 12.48.100 Insurance, indemnification, risk mitigation.

A special event authorization shall not be made unless:

A. The applicant has obtained adequate insurance, both in type and amount, as determined by the city's risk manager or designee, which determination shall be based upon the logistics, size and other factors associated with the conduct of the special event.

The determination made by the city's risk manager or designee shall be reasonably calculated to protect the city from any liability which may be incurred by the city pursuant to its authorization of the special event.

B. The applicant obtains a waiver for insurance coverage, as provided below.

1. The committee shall waive the requirement for insurance coverage shall be waived if the applicant presents a verified statement, certifying under penalty of perjury, with sufficient information to establish that:
a. First Amendment expression is the sole or primary purpose of the special event; there will be no fee or donation charged or requested as a condition of admission; the special event will not involve the use of equipment, other than sound equipment; the special event will not involve the sale of alcohol; and b. The applicant or officer of the sponsoring organization has determined that the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression; and The cost of obtaining insurance is so burdensome that in the absence of a waiver the applicant would be precluded from exercising its First Amendment rights. 39 c. The applicant has been unable to obtain insurance coverage that is within the applicant’s budget, including the name and address of at least two insurance agents or other sources contacted to determine insurance premium rates and suitable insurance through the City of Visalia is unavailable to the applicant.

2. The applicant signs an agreement to reimburse the city for any costs the city incurs in connection with the special event proximately caused by the actions of the applicant, its officers, employees, or agents, or any person who was, under the applicant's control insofar as permitted by law. The agreement shall also provide that the applicant shall hold harmless, indemnify and defend the city, its officials, members, agents and employees against any claims, costs, damages, demands, liability and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of the applicant in connection with the special event, regardless of whether the city is actively negligent or passively negligent, except for those claims, costs, damages, demands, liability and notices, or any of these, caused solely by the negligence or willful misconduct of the city. Persons who merely join in a parade or event are not considered by that reason alone to be "under the control" of the applicant; and

3. The applicant agrees to cooperate with the city to respond to risks, hazards, and dangers to public health and safety that are reasonably foreseeable consequences of the special event. (Ord. 2018-05 § 2 (part), 2018)
Section 12.48.110 Interference with a special event.

No individual shall join or participate in a special event, nor in any manner interfere with its progress or orderly conduct without the consent of the applicant or its designee. (Ord. 2018-05 § 2 (part), 2018)
Section 12.48.120 Appeal.

Any decision involving an application for a special event authorization may be appealed to the city manager by filing a written notice for an appeal with the city clerk within ten business days of such action. The city manager or designee shall hear such appeal and issue a determination within five business days. If such an appeal is taken from revocation of an authorization, the revocation shall not be effective until after a decision upholding the revocation has been made by the city manager or designee. The decision of the city manager or designee on an appeal shall be final subject only to a judicial challenge. (Ord. 2018-05 § 2 (part), 2018)
Section 12.48.130 Deposits for certain special events.

A. Generally.

1. The committee may require the applicant to pay a A deposit reasonably calculated by the city to reimburse the city for its reasonable and necessary costs in providing services for a special event shall be required for any special event that requires a prior application to the city. The required deposit shall be calculated based on the applicable rate of personnel involved in traffic control, fire safety, or other facility or event support, such as rubbish removal or street cleaning, to the extent that the usual demand for 40 municipal services is increased as a result of the special event. The applicable personnel costs shall be calculated based rates established by the city and based upon the estimated actual cost to the city of providing such additional services necessary to support the special event. After the event the deposit shall be compared to actual costs incurred with additional costs to be billed to the applicant and overages shall be returned.

2. If the applicant disputes the amount of a deposit, he or she may appeal to the city manager or his/her designee within five business days after receipt of the deposit determination.

B. Cleanup deposits.

1. The applicant for a special event involving the sale of food or beverages, erection of structures, horses or other large animals, water aid stations, or the use of public streets, sidewalks, or any public right of way shall be required to provide a cleanup deposit prior to the authorization of a special event. The cleanup deposit shall be based on be in the amount established in the master fee resolution for hourly special services provided by solid waste division and calculated based on ___ hours per ___ people expected at the special event. The deposit may be reduced if the applicant provides a plan for waste disposal during the event that is approved by the city.

2. The cleanup deposit shall be returned to the applicant after the special event if the area used for the special event has been cleaned and restored to the same condition as existed prior to the event, or, if no authorization has been made on an application, to the applicant after the planned date of the event as identified in the application has passed.

3. If the property used for the event has not been properly cleaned or restored, the applicant shall be billed for the actual cost incurred by the city for cleanup and restoration, and the cleanup deposit, or a portion thereof, shall be applied toward payment of the bill.

Should there be any unexpended balance on deposit after completion of the work, this balance shall be refunded to the applicant. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the city upon the applicant's receipt of the bill.

C. Waiver of deposits for expressive events.

1. The committee shall waive the requirements for a deposit shall be waived if the applicant presents a verified statement, certifying under penalty of perjury, explaining in sufficient detail for the committee to determine that:
a. First Amendment expression is the sole or primary purpose of the special event; and
b. Payment of the deposit would be so burdensome that in the absence of a waiver the applicant would be precluded from exercising its First Amendment rights. (Ord. 2018- 05 § 2 (part), 2018)
Section 12.48.140 Duties of applicant.
41 A. Each applicant shall comply with all terms and conditions of its special event authorization.

B. Each applicant shall ensure that the person leading a parade, or other event along a route, or the person in charge of any other event, shall carry the special event authorization documentation on his or her person for the duration of the event.

C. Each applicant shall ensure the area used for the authorized special event is cleaned and restored to the same condition as existed prior to the event, immediately following the completion of the event. (Ord. 2018-05 § 2 (part), 2018) Section 12.48.150 Severability.

If any provision of this Chapter 12.48 or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 2018-05 § 2 (part), 2018) 42 Special
Events
VISALIA MUNICIPAL CODE 12.48
43 Consideration & Direction on Initiating Updates
To Chapter 12.48 “Special Events”
• Presentation is to conduct a review of current
processes and ordinance requirements related to
Special Events (Chapter 12.48).
• Based on information provided during the
presentation, the City Council may direct staff to
proceed with:
• Draft revisions to Chapter 12.48 based on the items
noted in the report and presentation.
• Solicit feedback from stakeholders that have utilized the Special Events process.
• Revisions to Chapter 12.48 will be presented to
Council for a first reading of the ordinance at a future meeting.
44 Required Clarifications and Corrections
• Item No. 1: References to “Special Events
Committee”:
• Throughout Ordinance, “Special Events
Committee” referenced.
• Internal Staff Meeting/Not appointed
Committee Members.
• Recommendation is to revise language and
replace the word “committee” with
appropriate City staff reference.
• Revisions will also include removal of
language on applicant meetings to reflect
how applications are processed.
45 Required Clarifications and Corrections
• Item No. 2: Special Events Authorization:
• Provide clear and concise language in the
findings (Section 12.48.080).
• Remove Limitations on Commercial Events.
• Focus on Health and Safety Concerns.
• Allow Denial if Event Interferes with Municipal
or Public Agency Service.
46 Required Clarifications and Corrections
• Item No. 3: Insurance, Indemnification,
Risk Mitigation:
• Policy Changes to Assure Proper Insurance is
Provided.
• Work w/ City Attorney’s office and City’s Risk
Management Division on appropriate
requirements.
• Item No. 4: Monetary Deposits:
• Create Policy For Deposit Formula.
• Require Deposits on Events that Impact City
Services.
47 Required Clarifications and Corrections
• Item No. 5: Traffic & Usage Concerns:
• Inquires received regarding repeated usage
of the same area for the same event.
• Council may want to consider protentional
changes to the ordinance that may limit the
number and/or frequency of an event that is
continuously held in the same location.
• Staff will look at impacts to right-of-way,
traffic pattern disruptions, impacts to
surrounding businesses.
• Example of revision language that could be
considered is provided in staff report and
noted on the next slide.
48 Additional Items to Consider
• Example language:

In order to prevent long term disruption of traffic patterns and to encourage the use of parks and/or public or
private facilities, and not public streets for special events, for purposes of this ordinance, the city may determine
that an event substantially interrupts the safe and orderly movement of vehicular traffic contiguous to the streets where the proposed event is to be held if the applicant is requesting to hold an event, other than a parade, in a
street that will impact traffic patterns for more than twelve (12) days in a calendar year or has filed similar event applications impacting the same streets within the
previous twelve (12) months. The city may find that no
substantial interruption is occurring if the applicant for the special event, or a sponsor of the special event, is a
property owner or tenant of property with street frontage in the area proposed for closure, or if the requested
closures for special events only impact alleyways.
49 Recommendation
• Staff recommendation is to direct staff to begin
drafting revisions to Chapter 12.48 based on the
City Council’s desired options as identified in
the staff report and during the work session.
• In addition, proposed revisions to ordinance
can be presented to various stakeholders.
50 QUESTIONS
51 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0118 Agenda Date: 8/21/2023 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Page 1 of 1 Printed on 8/18/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0258 Agenda Date: 8/21/2023 Agenda #: 2.

Agenda Item Wording:

Authorize the City Manager to award a sole source contract for the replacement of factory correct Ultraviolet (UV) Disinfection System components at the Water Reclamation Facility (WRF) to Veolia WTS Services for a not-to-exceed amount of $120,000. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods.

Deadline for Action: 7/17/2023
Submitting Department: Public Works
Contact Name and Phone Number:

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

Authorize the City Manager to award a sole source contract for the replacement of factory correct Ultraviolet (UV) System components at the Water Reclamation Facility (WRF) to Veolia WTS Services for a not-toexceed amount of $120,000. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods.

Background Discussion:

One of the key elements in the upgrade project at the Water Reclamation Facility (WRF) was to decommission the trickling filters and convert the activated sludge facilities to a new membrane bioreactor (MBR) process.

The MBR effluent is then treated to California Administrative Code Title 22 disinfection requirements for unrestricted reuse, and then may be utilized for irrigation of parks and appropriate agricultural crops within and surrounding the City. The selected disinfection process to produce recycled water was Ultraviolet (UV) disinfection, and the equipment purchased was the Ozonia Aquaray HO VLS UV Disinfection System. This system was constructed downstream of the MBR system and provides reliable and consistent disinfection to the MBR effluent. The UV installation consists of two open channels to treat initial flows of 18 MGD. Each channel is loaded with 6 UV banks, and each bank consists of 2 modules that contain 36 lamps and various appurtenances.

The WRF has a stringent maintenance plan in place to ensure that the disinfection of the final effluent meets the required permit levels, and that the UV process stays in compliance with the Operation Plan approved in the Waste Discharge Requirements (WDR) for the WRF issued by the Central Valley Regional Water Quality Board. The WDR states “The UV lamps must be maintained below the maximum value of 16,000 hours of operation” and “No equivalents or substitutions will be accepted without DDW and Central Valley Water Board Executive Officer approval of equivalent disinfection performance”. This includes, but is not limited to, the replacement of UV bulbs, ballasts, wipers, quartz sleeves and electrical parts.

As manufacturer parts are required, and Veolia WTS Services are the distributor/supplier of Ozonia Aquarary UV Systems, staff is requesting a sole source contract be awarded for a not to exceed amount of $120,000.

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File #: 23-0258 Agenda Date: 8/21/2023 Agenda #: 2.

Fiscal Impact:

The replacement parts will be paid for out of the UV Disinfection Overhaul Capital Improvement Project (CP0441), which has an annual budget of $120,000 within the Wastewater Fund 431.

Recommended Motion (and Alternative Motions if expected):

I move to authorize City Manager to award a sole source contract for the replacement of factory correct Ultraviolet (UV) Disinfection System components at the Water Reclamation Facility (WRF) to Veolia WTS Services for a not to exceed amount of $120,000. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0260 Agenda Date: 8/21/2023 Agenda #: 3.

Agenda Item Wording:

Authorize the City Manager to execute a sole source agreement for professional services with the Urban Tree Foundation, Inc. for a two-year term with the option to renew for three additional one-year terms, in an amount not to exceed $150,000 per year.

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

Dolores Verduzco, Financial Analyst, [email protected], (559) 713-4540 Frank Senteno, City Engineer, [email protected], (559) 713-4540 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to execute a professional services agreement with the Urban Tree Foundation, Inc. for a two-year term with the option to renew for three additional one-year terms, in an amount not to exceed $150,000 per year.

Background Discussion:

The Urban Tree Foundation, Inc. (UTF) has been under contract with the City for over twenty years and has been providing design and project management services related to urban forestry matters to the City. Their agreement recently expired in July 2023. Staff recommends a new agreement be established for their continued work with the City to provide grant writing services, grant management, construction management, and consulting services related to the City’s Urban Forestry Program.

The Urban Tree Foundation, Inc. (UTF) is a non-profit organization dedicated to promoting and preserving the urban forest through education, planting and tree care. Staff members at UTF are industry-acknowledged experts in the field of landscaping. Their services include preparing grant applications, landscape design, and project management, review of landscape plans and general consulting as it relates to urban forestry. They are also locally based so they have a unique understanding of the Visalia area landscape.

UTF will provide the following services under the terms of the proposed agreement:
· Assist in the development and review of landscape plans for capital improvement projects; · Continue to apply for grants (as funds become available) to obtain funding for projects related to Urban Forestry and landscaping projects along trails, waterways, and basins; · Provide training on related Urban Forestry topics and tree care, as requested; · Advise various City departments, including CIP Engineering and Parks & Recreation on matters related to Urban Forestry and street landscapes; and · Provide project management and construction management services on successful grant Visalia City Council Page 1 of 3 Printed on 8/18/2023
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File #: 23-0260 Agenda Date: 8/21/2023 Agenda #: 3.
· Provide project management and construction management services on successful grant awarded projects.

The UTF staff contract rate will be $90.00 per hour. This is an increase to their previous hourly billing rate of $70.00, an approximate 28.6% increase. UTF’s billing rate has remained constant at $70.00 per hour over the last 10 years. Current grant funded projects UTF is assisting in implementing the landscaping component include the St. John’s Eastside Renewal Project, the East Side Regional Park projects Basins D & G, and the restoration of native valley oak riparian forest at the Peoples Basin, Oakes, Basin and the Goshen Basin. UTF staff time for these projects is monitored by the City and is reimbursed through the various grants they helped secure for the City. UTF assisted the City in receiving an award of grant funds for the aforementioned projects.

One of the more recent projects UTF assisted the City in obtaining grant funds is the Oaks Basin Expansion project. UTF played a significant role in assisting the City in successfully receiving an award of funds in the amount of $2,867,667 from the Urban Flood Protection Grant Program.

Staff recommends to sole source a Professional Services agreement to UTF for several reasons.

First, UTF is an asset to the community. They work closely with community groups such as the Community Services Employment Training (CSET). CSET is a non-profit organization that offers programs to underprivileged youth with an opportunity to receive real job training and experience.

UTF also helps to coordinate volunteer tree planting events on Earth Day and Arbor Day.

Secondly, the relationship with UTF provides a competitive advantage in applying for grants. Many of the funding agencies look favorably on applicants who partner with non-profits and local conservation corps. UTF is itself a non-profit organization and is able to successfully partner with CSET who is the local California Conservation Corps serving Tulare County.

Thirdly, UTF has consistently provided a high level of service. The staff is always available to answer City staff’s questions and take time to meet even on short notice.

Finally, the contract with UTF has proven to be a smart investment. Over the past five years, over 70% of the amount paid to UTF through their contract with the City has been funded through grant awards that they have obtained for the City.

Fiscal Impact:

The contract sum shall be a not to exceed amount of $150,000 per year. Funds shall be appropriated on a yearly basis as follows:

Grant Funding Sources (75%) $112,500
General Fund - Parks and Bike Path Maintenance Divisions (25%) $37,500 Yearly Contract Total $150,000*
*There is no increase from the previous maximum annual agreement of $150,000.

Prior Council Action:

June 18, 2018
Authorized the City Manager to award a contract for a two-year Professional Services Agreement with the Urban Tree foundation, Inc. in an amount not to exceed $150,000 per year.

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File #: 23-0260 Agenda Date: 8/21/2023 Agenda #: 3.

Alternatives:

None.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute a sole source agreement for Professional Services with the Urban Tree Foundation, Inc. for a two-year term with the option to renew for three additional one-year terms, in an amount not to exceed $150,000 per year.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

1. Professional Services Agreement

2. Owner Disclosure Statement
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PROFESSIONAL SERVICES AGREEMENT
URBAN TREE FOUNDATION, INC.

This Agreement, entered into this ________ day of ________________, 2023, by and between the City of Visalia, hereinafter referred to as the “CITY”, and Urban Tree Foundation, Inc., a Non-Profit Corporation, hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” in Exhibit “A”, and hereinafter referred to as the “PROJECT”; and
WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Work, for the cost identified in Exhibit “B” – Schedule of Fees for Professional Services.

B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit “A” may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit “B” – Consultant Schedule of Fees for Professional Services. Such additional services shall not be performed by CONSULTANT without the written consent of CITY.

II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days of the effective date on the Consultant’s written Notice to Proceed and shall complete the work within the timeframes outlined in Exhibit “A”, unless otherwise extended in writing by CITY, in its sole discretion. The term of this agreement is two years from the date of execution. There shall be three extensions available of one (1) year at the City’s and Consultants mutual agreement for a maximum of five (5) years.

If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSULTANT on that basis.

CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties.
58 III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, 90.00per hour for time actually worked.

This amount shall constitute complete compensation, including document production and out-of-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “B”. The maximum payment under this agreement shall not exceed $150,000 per year without the prior written approval of the CITY.

B. Payment of Compensation: The CONSULTANT shall be compensated no more than monthly basis. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any. Project Managers must sign off on monthly time.

IV. AUTHORIZED REPRESENTATIVE
A. CITY: The CIP Engineering Division shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Visalia is specifically required.

B. CONSULTANT: Urban Tree Foundation Inc. shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.

V. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination.

B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or

2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of fifteen (15) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure. 59 C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of sub-consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub-consultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the sub-consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.

3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.

5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pretermination activities.

VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.
60 B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.

IX NO PERSONNEL, AGENCY OR COMMISSION
The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

X. SUBCONTRACTING
A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.

XI. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

XII. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

XIII. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or 61 others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY.

Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes. Should CONSULTANT place a copyright notice on documents it must state, “City of Visalia holds a nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the material for government or public purposes.”
XIV. INDEMNIFICATION AND INSURANCE
As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, and employees from and against any and all claims, demands, losses, reasonable defense costs, or liability, whether actual, alleged, or threatened, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.

A. CITY agrees to indemnify and hold harmless CONSULTANT, its officers, employees, and designated volunteers from and against any and all losses, defense costs, or liability to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

B. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature arising out of or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.
62 C. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the CITY nor the CONSULTANT, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any remote or speculative breach of contract damages that the breaching party could not have reasonably foreseen when entering into this Agreement.

To the extent this Agreement is considered a “Construction Contract” as defined by California Civil Code section 2783, CONSULTANT’s duty to indemnify CITY under this or any other provision of the Agreement shall not apply when to do so would be prohibited by California Civil Code section 2782.

D. Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:

1. Workers’ compensation insurance as required by California statues.

2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).

3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

4. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

E. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

F. CONSULTANT agrees to provide thirty (30) days written notice of any policy cancellation, limitation in scope or coverage, or non-renewal. Such notice shall be provided to the, City of Visalia, 707 W. Acequia, Visalia, CA 93291.

In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.” G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY 63 endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

H. In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subcontractor’s performance of the work covered under this Agreement.

XV. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

XVI. MISCELLANEOUS PROVISIONS
A. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

B. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all 64 applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.

C. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

D. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

E. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

F. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

G. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

H. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

I. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

CITY OF VISALIA
315 E. Acequia Ave.

Visalia, CA 93291
Attention: CIP Engineering Division

CONSULTANT
Urban Tree Foundation, Inc.
1512 W. Mineral King Ave.

Visalia, CA 93291
Attention: Executive Director
65 K. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

L. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

M. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CITY OF VISALIA CONSULTANT
___________________________ ___________________________ City Manager
Approved as to Form
__________________________________
City Attorney
_________________________________
Risk Manager
_________________________________
Project Manager
Attachments:

Exhibit “A”: Scope of Services
Exhibit “B”: Schedule of Fees for Professional Services 66 2023-2025 Urban Tree Foundation, Inc.

Professional Services Contract

EXHIBIT A
Scope of Services
All work to be completed upon request of the City of Visalia.

Task 1. Assist in Review of Landscape Plans for Development Projects (Public/Private)  Upon request, assist City Staff in the review of landscape plans for development projects, in particular advising on tree selection, location, and irrigation systems.  Upon request, assist City Staff in explaining suggested changes to submitted landscape plans to developers and/or their staff consultants.
 Upon request, hold regular office hours at City of Visalia offices.

Hours: As requested by COV
Task 2. Advise the City of Visalia on Matters Related to Urban Forestry  Upon request, advise various City departments (not contractors) and perform duties as requested relating to City-wide urban forestry issues, including, but not limited to, street tree species, spacing, maintenance, policy issues relating to urban forestry, possible grant funding sources, the Oak Tree Ordinance, Landscape Standards, and strategies for creating an effective and healthy urban forest.
 Upon request, give presentations to community groups, City Council, commissions, committees and departments regarding urban forestry issues.

Hours: As requested by COV
Task 3. Provide Project Management Services for: Grant Application Writing  Upon request, and as agreed upon, prepare and submit grant applications related to enhancing the urban forest which includes the acquisition of property, site planning, and landscaping various public right-of-way areas including City parks, trails and waterways.

Hours: As requested by COV
Task 4. Provide Project Management Services for: Landscape Design and Construction Services
 Upon request, and as agreed upon, prepare Landscape and Irrigation Design Services and/or provide project management services for Landscape Design and Construction Services related to enhancing the urban forest and for various public areas including City parks, trails, waterways and landscape and lighting districts.

Hours: As requested by COV
67 Task 5. Provide Tree Care & Maintenance Training
 As requested by the Parks & Urban Forestry Manager, provide training related to Urban Forestry.

Hours: As Requested by COV
Task 6. Provide Construction Management Services for various grant funded projects currently awarded to the City and future grant funded projects  Upon request, develop and/or coordinate landscape construction plans and their installation.
 Upon request, oversee tree well construction, tree plantings, and watering/irrigation.  Upon request, manage and oversee implementation of grant and administration.

Hours: Not to exceed grant limitations unless prior authorization is given in writing by the City of Visalia.
68 2023-2025 Urban Tree Foundation, Inc.

Professional Services Contract

EXHIBIT B
Schedule of Fees for Professional Services
For each project, the Consultant’s project fee is $90.00 hour for time actually spent.

For all projects.

 Total cost to the City of Visalia not to exceed $150,000 per year or a maximum of $300,000 for the term of this two-year agreement.

Schedule of Fee for Professional Services
Hourly Rate= $ 90.00 per hour
69 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0292 Agenda Date: 8/21/2023 Agenda #: 4.

Agenda Item Wording:

Review and accept the 2022-2023 Annual Report from the City of Visalia Historic Preservation Advisory Committee.

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

Walter Deissler, Chairperson, Historic Preservation Advisory Committee Cristobal Carrillo, Associate Planner, (559) 713-4443, [email protected] <mailto:[email protected]>
Paul Bernal, Community Development Director, (559) 713-4025 [email protected] <mailto:[email protected]>
Background:

As one of the oldest cities in the Central Valley, Visalia hosts an impressive collection of historic sites and structures. Numerous structures with distinctive architectural styles are present in Visalia, concentrated in the city’s historic core. The Historic Preservation Ordinance, adopted in 1979 and updated in 2001 and 2022, established the HPAC to act as a steward for historic preservation causes.

The Historic Preservation Advisory Committee (HPAC) is a seven-member committee that is primarily responsible for periodically updating the Local Register of Historic Structures, nominating properties to Local, State, and Federal Historic Registers, and reviewing building/planning actions related to historically designated structures within the Historic District and/or on the Local Register. Review of building and planning actions is the most frequent task undertaken by the Committee, consisting of review of exterior alterations to historically designated structures, and review of zoning actions on sites within the Historic District (ex. Change of Zones, Conditional Use Permits, Variances, and Planned Unit Developments). HPAC reviews are conducted with a focus on preserving the integrity of historic structures and maintaining the unified architectural character of historic neighborhoods.

Committee actions are appealable directly to the City Council.

The Committee currently consists of six members (there is currently one vacancy) with a wide variety of knowledge relevant to historic preservation. Current members of the HPAC work in construction, architecture, real estate, and landscaping, and many of the members are active in community groups. The Committee meets on the second and fourth Wednesdays of every month so as to provide expedient review of development requests. In 2022, the HPAC held a total of 25 public meetings, which included 23 regular meetings (including a public outreach meeting) and two special called meetings. Committee members also spoke at multiple public meetings of the Visalia Planning Commission and Visalia City Council regarding historic preservation items of interest.

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Discussion:

In 2022/2023, the HPAC took a number of actions to administer the goals and policies of the Historic Preservation Ordinance and Historic Preservation Element. The actions of the Committee are described in detail below.

Project Reviews
In 2022, the HPAC conducted a total of 27 project reviews. Items reviewed by the HPAC consisted of a wide range of residential and commercial projects, including proposals for a bed and breakfast inn, a medical spa, the demolition and rebuilding of Lee’s Market, and the rehabilitation of several multifamily residential complexes. Projects reviewed also included updates to the Historic Preservation Ordinance and Local Register of Historic Register, discussed further in the “Long Range Projects” section of this report. All projects, as well as decisions rendered by the HPAC, are described in Attachment No. 1.

Long Range Projects
This past year saw the culmination of two long range HPAC projects: an update to Visalia Municipal Code Chapter 17.56 (Historic Preservation District Ordinance) and an update to the Local Register of Historic Structures. Both items were approved by the Visalia City Council on August 1, 2022.

The Historic Preservation Ordinance Update revised various provisions of the Ordinance to improve the ability of the HPAC to preserve historic resources. These included changes allowing for HPAC review of Local Register structures located outside the Historic District, and changes to reviews of demolition requests. The Local Register Update consisted of evaluations and updates to classifications applied to all structures listed on the Local Register of Historic Structures, resulting in changes to 100 properties. The updated Historic Preservation Ordinance and Local Register of Historic Structures are included as Attachment Nos. 2 and 3 respectively.

In the latter part of 2022, the HPAC also began planning the next stage of its long-range survey activities, consisting of site visits and evaluations of properties within and surrounding the Historic District. The goal of the “Historic District Survey Project”, as it is now called, is to identify and evaluate properties for the possible addition to the Historic District and/or the Local Register of Historic Structures. Site surveys and evaluations by the HPAC are currently underway in 2023. 2022-2024 Goal Setting
Following completion of the Historic Preservation Ordinance and Local Register updates, the HPAC developed a list of goals to guide its activities for the following two years. Goal setting consisted of multiple discussions by the HPAC during public meetings, as well as a specially called work session with City Staff to discuss staff involvement and the feasibility of various goals. Goal setting was completed in September 2022. The list of goals is included as Attachment No. 5. Since completion of goal setting, the HPAC has focused its efforts on four main goals:

1. Survey sites within and around the Historic District for potential inclusion in the Historic District Visalia City Council Page 2 of 4 Printed on 8/18/2023
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1. Survey sites within and around the Historic District for potential inclusion in the Historic District and/or Local Register of Historic District (Goals 1.a, 1.b, 1.g). Work on this goal is ongoing in 2023.

2. Re-establish HPAC recognition and awards programs (Goal 3.a). Work on this goal is ongoing in 2023.

3. Reach out to the Tulare County Association of Realtors (TCAR) to inform brokers of the HPAC and historic preservation in Visalia (Goal 4.a). This goal was completed in February 2023 via a presentation by HPAC members at a TCAR luncheon.

4. Improve architectural style descriptors on the Local Register and provide guidance documents for property owner and occupant use (Goal 5). This goal was completed in 2022 via minor administrative revisions to the Local Register of Historic Structures and completion of the Architectural Style Guide (see below).

Architectural Style Guide
During a 2022 public outreach meeting conducted for the Historic Preservation Ordinance and Local Register updates, members of the public expressed a need for guidance from the HPAC on best practices for the maintenance and restoration of historic structures. The HPAC responded by developing an “Architectural Style Guide”. Spearheaded by HPAC Vice-Chair Tyler Davis, the guide contains information on Visalia’s major architectural styles and their subsets. The guide highlights a wide range of residential, religious, commercial, professional, and civic buildings, with each section containing photo examples of each style of architecture, and bullet points that describe architectural features typical of each style. The guide is intended to help building owners determine the style of their structure and serve as a reference for those who are interested in local architecture. The Architectural Style Guide is currently available on the City of Visalia website and is included as Attachment No. 6 of this report.

Historic Preservation Month Proclamation
Through efforts from the HPAC, the Visalia City Council issued a proclamation on May 2, 2022, declaring May 2022 as Historic Preservation Month. The proclamation celebrated the establishment of the City and various actions taken to preserve the City’s historic resources. The proclamation is included as Attachment No. 7 of this report.

Letters to Property Owners
In an effort to conduct public outreach and encourage the preservation of historically significant structures, the HPAC embarked on a project to send letters to property owners of historic structures listed on the National Register of Historic Places. The letters inform property owners of existing historic designations and provide information on preservation and maintenance. Information provided to property owners included the Secretary of the Interior’s Standards for the Treatment of Historic Properties, the Visalia Historic Preservation Ordinance, and the Visalia “Historic Sites and You” Guide. Letters to owners of Visalia National Register sites were sent out in October 2022.

The HPAC has also made it a practice to send letters to interested property owners inviting them to apply for historic designation. Letters include information on the HPAC and the benefits of being Visalia City Council Page 3 of 4 Printed on 8/18/2023
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File #: 23-0292 Agenda Date: 8/21/2023 Agenda #: 4.
apply for historic designation. Letters include information on the HPAC and the benefits of being historically designated. Such letters are only sent out when a property owner contacts City staff with questions on how to designate their structure as historic. In 2022, one such letter was sent out.

Fiscal Impact: None.

Prior Council Action:

1. At the August 1, 2022, City Council meeting the Council approved Zone Text Amendment No. 2022-01, a request by the City of Visalia to amend Visalia Municipal Code Chapter 17.56 (Historic Preservation District).

2. At the August 1, 2022, City Council meeting the Council approved Zone Text Amendment No. 2022-02, a request by the City of Visalia to amend the Local Register of Historic Structures, reclassifying 100 structures.

Committee/Commission Review and Action:

The Historic Preservation Advisory Committee discussed the preparation and content of the annual report at its August 9, 2023, meeting.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to accept the 2022-2023 Annual Report from the Historic Preservation Advisory Committee.

CEQA Review: Not applicable.

Attachments:

1. Historic Preservation Advisory Committee - Project Reviews 2022

2. Historic Preservation District Ordinance (2022)

3. Local Register of Historic Structures (2022)

4. Historic District and Local Register Map

5. Historic Preservation Advisory Committee - 2022-2024 Goals

6. Architectural Style Guide

7. National Historic Preservation Month Proclamation - May 2022

8. Sample Letter to Properties on the National Register of Historic Places

9. Committee Member List
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PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT

DESCRIPTION

DECISION
HPAC No.
2022-01
1/12/2022 515 West
Goshen
Avenue
A request to construct
a new fence for an
existing single-family
residence.

Item approved.

HPAC No.
2022-02
1/26/2022 415 North
Garden
Street
A request to conduct
exterior alterations to
a single-family
residence, a detached
garage, and a storage
shed, and install new
rear yard fencing.

Item approved with the following modifications:
• Include the restoration of corbels on the
southern elevation of the residence.
• Require reuse of shake removed from
the residence on the exteriors of the shed
and garage, install glass windows in the
shed and garage, and restore the garage
door and man doors to both the garage
and shed.
• Require that the battens currently on a
portion of the western exterior be carried
over to the remaining areas of the
western exteriors of the garage and
shed.

HPAC No.
2022-03
2/9/2022 315 West
Race
Avenue
A request to construct
a storage building.

Item approved with a modification that the
storage building contain board and batten siding
on all exteriors.

HPAC No.
2022-04
2/9/2022,
2/23/2022
100 East
Center
Avenue
A request by Matthew
Ainley to conduct
exterior alterations
and add fencing to an
office building within
the grounds of the
Darling Hotel
complex.
2/9/2022 – Item continued to a future unspecified
date to allow for further consideration of staff’s
conditions and findings by the applicant and
partners.
2/23/2022 – Item removed from consideration
because the office building on which exterior
alterations would occur is on a separate property
from the Darling Hotel. Per the City Attorney, the
Local Register designation applied to the Darling
Hotel does not cross property lines, regardless
of whether the buildings are attached.

Consequently staff determined that the office
building was not subject to HPAC review.

ATTACHMENT NO. 1
City of Visalia
Historic Preservation Advisory Committee
Project Reviews – 2022
74 PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT

DESCRIPTION

DECISION
HPAC No.
2022-05
2/23/2022 212 West
Race Avenue
A request to
conduct exterior
alterations to a
single-family
residence.

Item approved with a modification that the window
be developed with an appearance consistent with
the gridded window on the southern elevation of
the residence.

HPAC No.
2022-06
3/9/2022 301 North
Fairway Street
A request to install
a three-foot-tall
decorative garden
wall
Item approved.

HPAC No.
2022-07
3/9/2022 431 and 433
South Bridge
Street
A request to install
a six-foot-tall
wrought iron
fence.

Item approved.

HPAC No.
2022-08
3/23/2022 203 and 205
East Laurel
Avenue
A request to
renovate a
duplex.

Item approved.

HPAC No.
2022-09
3/23/2022 500 South
Court Street
A request to install
a six-foot-tall
wood fence.

Item approved.

HPAC No.
2022-10
4/13/2022,
4/27/2022
821 South
Church Street
A request to
construct a
storage building, a
carport, a gate, a
flagpole, and
demolish a
detached garage
and wood fencing.
4/13/2022 – Item was continued to the meeting of
April 27, 2022, to obtain additional information
from staff on whether it was possible to keep both
the proposed storage building and an existing
detached garage onsite, and what would occur if
a Variance request was denied by the Visalia
Planning Commission.
4/27/2022 – Item continued to a future
unspecified date at the request of the applicant to
allow for revision of the proposal to include the
proposed storage building and conversion of the
existing detached garage into an Accessory
Dwelling Unit.
75 PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT

DESCRIPTION

DECISION
HPAC No.
2022-11
4/27/2022 411 West
Goshen
Avenue
A request to
construct a wood
fence.

Item approved.

HPAC No.
2022-11
(Project
Number
repeated by
mistake)
5/26/2022 Locations
within the
Historic
District and
Local Register
A request to
amend Visalia
Municipal Code
Chapter 17.56
(Historic
Preservation
District).

HPAC recommended approval of the proposal to
the Visalia City Council.

HPAC No.
2022-12
5/26/2022 Various
locations on
the Local
Register.

A request to
amend the Local
Register of
Historic
Structures.

HPAC recommended approval of the proposal to
the Visalia City Council.

HPAC No.
2022-13
7/13/2022 508, 510, 512,
514, and 516
South Court
Street
A request to
conduct exterior
alterations to
structures.

Item approved with the following modifications:
• Permit placement of fascia board only if
gutters are to be installed;
• Modify the proposal so that two light poles
are placed onsite, one on each side of the
concrete walkway;
• Approve placement of the arbor on
property line, subject to City of Visalia
approval;
• Approve placement of the fence within
City right of way, subject to City of Visalia
approval and recordation of a License
Agreement; and
• Requiring window screens to be repaired,
with new screens matching the
appearance of original window screens.

HPAC No.
2022-14
7/27/2022 415 West
Goshen
Avenue
A request to
construct a fourfoot-tall wood
picket fence.

Item approved.
76 PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT

DESCRIPTION

DECISION
HPAC No.
2022-15
8/10/2022 601 West
Kaweah
Avenue/605
South Willis
Street
A request to
construct exterior
alterations to a
triplex.

Item approved with a condition requiring
preservation of an original mail slot located within
the Willis Street building exterior.

HPAC No.
2022-16
9/14/2022,
9/28/2022
540 North
Court Street
A request to
demolish and
rebuild an existing
convenience
store.
9/14/2022 – Item was continued to the meeting of
September 28, 2022 to provide time for the
applicant to incorporate modifications requested
by the Committee, as follows:
• To stucco the trash enclosure.
• To place faux gables on the roof to screen
HVAC units.
• Ensure that window security bars mimic
the appearance of windows with muntins.
9/28/2022 – Item approved with modifications as
follows:
• That two dormer ends with small windows
be installed, one each at the northern and
southern elevations of the roof, to screen
HVAC equipment.
• That the dormer ends be as low scale as
possible, with peaks that are at the same
height as the ridge line of the main
structure.
• That vent features and barge boards be
placed on the two front gables located on
the western building elevation.

HPAC No.
2022-17
9/28/2022 216 East
School
Avenue
A request for a
Conditional Use
Permit to
establish a singlefamily residence
in the D-MU
(Downtown Mixed
Use) Zone.

HPAC recommended approval of the proposal to
the Visalia Planning Commission.
77 PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT

DESCRIPTION

DECISION
HPAC No.
2022-18
9/28/2022 807 West
Noble Avenue
A request for wall
signage on a
single-family
residence.

Item approved.

HPAC No.
2022-19
9/28/2022 500 North
Willis Street
A request by Art
Chiapa to install
new fencing and
signage.

Item approved.

HPAC No.
2022-20
10/26/2022 603 North
Court Street
A request to add
fascia board and
gutters to an office
and detached
garage.

Item approved, with modifications requiring:
• Removal of all newly placed fascia board
on the office and detached garage;
• Installation of gutters in all original
locations; and
• Restoration of all altered barge fascia tips
to their original appearance on both
structures.

HPAC No.
2022-21
10/26/2022 523 West
Noble Avenue
A request for a
Conditional Use
Permit to
establish a
medical spa, add
a 120 square foot
lounge to an
existing building,
and remove and
relocate a ramp.

HPAC approved the exterior alterations, and
recommended approval of the Conditional Use
Permit to the Visalia Planning Commission.

HPAC No.
2022-22
10/26/2022 507 North
Encina Street
A request to
perform exterior
alterations to a
single-family
residence.

Item approved, with modifications requiring
residing of the entire wall on which the sliding
glass door was located, to match the southern
wall of the room.

HPAC No.
2022-23
10/26/2022 512 North
Court Street
A request to
perform exterior
alterations to an
office building
Item approved.
78 PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT

DESCRIPTION

DECISION
HPAC No.
2022-24
11/9/2022 729 North
Floral Street
A request to install
new fencing and
signage.

Item approved, with with a modification to place
the six-foot-tall wrought iron fencing within the
existing eastern facing block wall of the carports.

HPAC No.
2022-25
12/14/2022 1304 West
Center Street
A request for an
addition to an
office.

Item approved, with modifications as follows:
• That the height of the addition match the
height of the existing structure.
• That the chimney be allowed to be
removed.
• That wood windows be required for the
addition.

HPAC No.
2022-26
12/14/2022 513 North
Encina Street
A request for a
Conditional Use
Permit to convert
an existing singlefamily residence
into a bed and
breakfast inn and
conduct exterior
alterations to an
existing guest
house.
12/14/2022 – Item continued to the meeting of
January 11, 2023 due to a lack of quorum
resulting from Committee members being
associated with the project, being absent, or
residing within 300 feet of the project site.

HPAC No.
2022-27
12/14/2022 301 West
Race Avenue
A request for
exterior
alterations to a
single-family
residence and
relocation of an
accessory storage
structure
Item approved.
79 VISALIA MUNICIPAL CODE
TITLE 17, Zoning Ordinance
Chapter 17.56 Historic Preservation District
Sections:

17.56.010 Purposes and intent.

17.56.020 Components of the chapter.

17.56.030 Definitions.

17.56.040 Regulation of structures.

17.56.050 Creation of historic preservation advisory committee.

17.56.060 Appeal.

17.56.070 Demolition or moving of historic structures.

17.56.080 Ordinary maintenance and repair.

17.56.090 Exceptions to Visalia Municipal Code requirements.

17.56.100 Building design compatibility criteria.

17.56.110 Local register structures.

17.56.120 Fencing and wall design criteria

17.56.130 Role of building official.

17.56.140 Separability.

17.56.010 Purposes and intent.

A. There is created a historic district, the boundaries of which are shown on the two maps entitled, "Historic District Overlay," which accompany the ordinance codified in this chapter and which are on file in the office of the city clerk, on the 19th day of November, 1979 and dated 19th day of November, 1979. Said maps are adopted and made a part of this chapter.

B. This chapter is enacted to preserve and promote the public health, safety and welfare of the residents of the city, and to express the commitment of the city to assure that the city's cultural heritage, as reflected in its historic structures, sites, and features is not destroyed, through:

1. The protection and preservation of historic structures;

2. The preservation and maintenance of historic residential areas as cohesive neighborhood units;

3. The enhancement of property values in the older areas of the city; 80 4. The assurance that the community's cultural heritage, as reflected in the environment, is not lost;

5. The encouragement of the development of vacant and incompatibly developed properties in accordance with the character of the historic district;

6. The involvement of residents of the older areas in planning their own neighborhoods. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7700)

17.56.020 Components of the chapter.

This chapter shall include:

1. The ordinance, which specifies the historic district overlay designation, design evaluation criteria, and the formation, powers and duties of a historic preservation advisory committee;

2. Creation of a local register of historic structures, sites and features that may be modified from time to time by resolution of the city council.

3. Two maps that designate the historic district overlay. (Ord. 2017-01 (part), 2017:

Ord. 2001-13 § 4 (part), 2001: prior code § 7701)

17.56.030 Definitions.

A. All definitions, general and specific, set forth in Section 17.04.030 shall be applicable to this chapter.

B. Definitions.
"Construction" means any building activity requiring the issuance of a building permit, except for any activity that does not affect the exterior appearance of the structure. "Enlargement" means construction that results in the expansion of the gross floor area of a structure.
"Historic structure" means a structure listed on the Local Register. "Local register" means the listing of local historic structures, sites and features adopted by the city council and maintained by the historic preservation advisory committee, and incorporated herein by reference. This designation is inclusive of all structures and features located within the boundaries of the property for which the Local register designation has been applied. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001:
prior code § 7702)
“Local register, Background” means properties that may not be historically significant or unique in their construction, but which contribute positively to the “visual fabric” of the City of Visalia.
81 “Local register, Exceptional” means properties with preeminent historical significance, considered for nomination to the California Register of Historical Resources and/or National Register of Historic Places.
“Local register, Focus” means properties having significant value, of good to excellent quality, considered for local recognition and protection.

17.56.040 Regulation of structures.

No structure shall be constructed, altered or enlarged that is located in the historic district or that is listed on the local register, unless such a permit is issued pursuant to the terms of this chapter. No structure listed on the local register shall be moved or demolished unless a permit is issued pursuant to the terms of this chapter. (Ord. 2017- 01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7703)

17.56.050 Creation of historic preservation advisory committee.

In order to execute the purposes declared in this chapter, there is created a historic preservation advisory committee.

A. Committee Membership.

1. The historic preservation advisory committee shall consist of seven members appointed by the city council to serve without compensation. All committee members shall be residents of the city at the time of their appointment and will lose their position if they move outside the city limits during their term of office. Members shall be appointed on the basis of:
a. Relevant professional or business qualifications;
b. Ownership of property within the historic district;
c. Practical experience in restoration or preservation; d. Exceptional civic interest.
e. Terms of office shall be for two years.

2. Vacancies that may occur on the committee shall be filled by appointment of a new member of the city council for the duration of the unexpired term of office. The Council has the option of appointing up to two Historic Preservation Advisory Committee alternates. Should a mid-term vacancy occur, an alternate may automatically fill the unexpired term. The council shall also have the power to remove any member from the committee by an affirmative vote of three council members.

3. Four members of the committee shall constitute a quorum for the transaction of business.

B. Procedures for the Review of Applications. The operating procedures of the historic preservation advisory committee shall be prescribed from time to time by resolution of the city council, for the purpose of carrying into effect the standards and specifications of this 82 chapter. The committee may adopt, amend, and repeal rules and regulations governing the conduct of its meetings, as long as said rules do not violate the procedures established by the city council or the terms of this chapter.

C. Duties and Responsibilities. The historic preservation advisory committee shall review applications only as specified in this chapter, consistent with the rules and regulations adopted from time to time by resolution of the city council (as referred to in Section 17.56.050(B)). Applications shall be approved or disapproved based solely on the considerations set forth in this chapter. It is the intent of this chapter that the historic preservation advisory committee shall encourage applicants to make alterations and repairs to structures in the spirit of the architectural style of the structure. The duties and responsibilities of the historic preservation advisory committee shall include the following:

1. It shall be the duty of the historic preservation advisory committee to review all proposed zoning actions (zone changes, conditional use permits, special zoning exceptions, planned unit developments and variances) within the historic district. The committee may recommend approval, conditional approval, modification or disapproval of an application based upon the expected impact of the proposed zoning action on the historic or architectural significance of the affected structure(s), neighborhood, or the entire historic district. The committee's recommendation shall be forwarded to the planning commission for its consideration.

2. It shall be the duty of the historic preservation advisory committee to review all applications for site plan review permits within the historic district for compliance with the provisions of this chapter. Items that shall be subject to review by the committee include but are not limited to vehicular access, location and screening of parking, setbacks, location of service use areas, walls and landscaping. The committee may recommend approval, conditional approval, disapproval or resubmittal of the site plan review permit application. The committee's recommendation shall be forwarded to the site plan review committee for its consideration.

3. It shall be the duty of the historic preservation advisory committee to review all applications for the construction or exterior alteration or enlargement of structures within the historic district or on the local register. The committee shall have the power to approve, modify or disapprove such applications before a building permit can be issued, subject to the provisions of Sections 17.56.100 and 17.56.110.

4. It shall be the duty of the historic preservation advisory committee to review all applications for sign permits within the historic district or for properties listed on the local register. The committee may recommend approval, conditional approval or denial of the sign permit application based upon the proposed design and/or materials, but not upon the proposed size or location. The application shall then be presented to the proper issuing authority for sign permits, pursuant to Chapter 17.48. Sign permits shall be issued only in compliance with the recommendation of the committee. Approval by the committee in no way implies approval by the issuing authority for sign permits, whose approval must also be secured pursuant to Chapter 17.48.

5. It shall be the duty of the historic preservation advisory committee to review all applications for the moving or demolition of structures in the historic district or listed on 83 the local register. The committee shall have the power to approve, conditionally approve, or disapprove such applications, subject to the provisions of Section 17.56.130.

6. It shall be the duty of the historic preservation advisory committee to compile and update the historic survey and inventory, and to nominate properties to the local register, the California Register of Historical Resources, and the National Register of Historic Places. In selecting properties for nomination to the local register, the board shall consider:
a. Architectural significance and style;
b. Historic significance, including age of structure, original owners, and events related to the structure, site or original owners.

The committee shall review the local register every five years, make recommendations for the addition or deletion of structures or sites, and submit said recommendations to the planning commission and city council for certification.

7. Permits may be issued for air conditioners, electrical work and plumbing work that is visible from a public right-of-way when the chief building official determines that the work insignificantly affects the exterior of a structure, or that reasonable alternatives as to location or screening have been employed. The building official may forward to the historic preservation advisory committee applications for permits for this type of work when it appears that the appearance of a structure may be significantly altered. This subsection shall not apply to the following types of permit applications:

1. Reroofing with like materials;

2. Residing with like materials;

3. Swimming pools;

4. Masonry repairs with like materials;

5. Chimney repair with like materials. (Ord. 2017-01 (part), 2017: Ord. 2008-11 § 1, 2008: Ord. 2001-13 § 4 (part), 2001: prior code § 7704)

8. Sites within the historic district or on the local register shall reserve a minimum 50% of the required front yard setback area for the purposes of landscaping.

17.56.060 Appeal.

Any person or persons jointly or severally aggrieved by a decision of the historic preservation advisory committee may make an appeal in writing therefrom to the city council within ten days of said action. The city council, after proceeding in the manner as provided therein and with the same power and authority there invested in passing upon appeals before it under the provisions of law and this chapter and in the exercise thereof, may reverse, affirm or modify or affirm as modified the action of the historic preservation advisory committee. Appeals of a decision of the site plan review committee shall be filed with the planning commission in the manner prescribed in Section 17.28.050. (Ord. 2017- 01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7705) 84 17.56.070 Demolition or moving of historic structures.

A. The demolition of structures listed on the local register, and the moving of local register structures from their sites, shall be discouraged. The historic preservation advisory committee shall review all applications for demolition or moving permits for structures on the local register and for any structures within the historic district boundaries.

B. After due consideration, the committee shall exercise one of the options listed below:

1. The committee may approve the demolition permit if it finds that the structure is a hazard to public health or safety, as determined by the building official or his designee, in consultation with the historic preservation advisory committee.

2. The committee may decide that up to a six-month moratorium be placed upon the processing of the demolition or moving permit, in order to allow time for the applicant and the committee to find alternative uses for the structure and to seek alternative solutions to the demolition or moving of the structure. If no alternatives are found, after the sixmonth moratorium has expired, the committee must approve the application.

3. The committee may deny an application for demolition. Denial of a demolition permit by the committee is subject to appeal to the city council pursuant to Section 17.56.060.

4. The committee may approve the application.

C. When an application is acted upon, the committee shall notify the building official of the approval, conditional approval or denial. Upon receipt of said notification, the building official shall process the application accordingly. If, after six months from the date of filing of the application, the building official has not received such notification, a permit may be issued. Approval of a permit application by the committee in no way implies approval by the building official, whose approval must also be secured. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7706)

17.56.080 Ordinary maintenance and repair.

Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within the historic district; provided such work involves no change that requires issuance of a building permit. Nothing in this chapter shall be construed to prevent the construction, reconstruction, alteration or demolition of any feature that, in the view of the proper authority acting lawfully, is required for the public safety because of an unsafe or dangerous condition. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001:
prior code § 7708)

17.56.090 Exceptions to Visalia Municipal Code requirements.

Due to the peculiar conditions of design and construction in historic neighborhoods where structures were sometimes built close to lot lines, and where ownership patterns have changed over the years, it is sometimes in the public interest to retain the historic appearance of a neighborhood by making an exception to normal setback, parking, 85 landscaping, fencing and screening requirements of the Visalia Municipal Code, where such an exception does not interfere with the public health or safety. Within the historic district, where it is deemed that such an exception is warranted and will not adversely affect neighboring properties, the historic preservation advisory committee may initiate and/or recommend to the planning commission that such exception to Visalia Municipal Code requirements be made. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001:
prior code § 7709)

17.56.100 Building design compatibility criteria.

This section contains criteria for reviewing all applications for new construction and sign permits within the historic district, and for any rehabilitation, renovation, alteration, reconstruction, or enlargement affecting the exterior appearance of any structure within the historic district that is not listed on the local register, which requires the issuance of a building permit. Each application shall be considered in terms of its compatibility or complementariness with a majority of structures in the immediately surrounding area. In reviewing an application, the historic preservation advisory committee shall consider the following general design standards and principles:

A. Height and Scale. New buildings should be constructed to a height within a reasonable average height of existing adjacent buildings.

B. Spacing of Buildings on Street. A rhythm of recurrent building masses to separations should be retained.

C. Relationship of Materials and Textures. Choice of building materials and texture (smooth and rough) should enhance the desired neighborhood qualities such as compatibility, similarity and continuity.

D. Relationship of Architectural Details and Roof Shapes. Choice of architectural details and roof shape should insure compatible appearance with surrounding structures.

E. Landscaping. Landscaping should reflect the predominant quality and quantity of landscaping within the surrounding area. The concern here is more with mass and continuity.

F. Directional Expression of Front Elevations. Structural shape, placement of openings, and architectural details should be used to give a compatible appearance with adjacent structures that may be horizontal, vertical or nondirectional in nature. (Ord. 2017- 01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7710)

17.56.110 Local register structures.

This section contains criteria for reviewing all applications for building permits for exterior rehabilitation, renovation, alteration, reconstruction, or enlargement of any local register structure, and for any interior modification that requires the issuance of a building permit for a publicly owned and publicly accessible local register structure. In reviewing an application, the historic preservation advisory committee shall consider the following general standards and principles:
86 A. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building structure, or site and its environment, or to use a property for its originally intended purpose.

B. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

C. All buildings, structures and sites shall be recognized as products of their own time.

Alterations that have no historic basis and that seek to create an earlier appearance shall be discouraged.

D. Changes, which may have taken place in the course of time, are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

E. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure or site, shall be treated with sensitivity.

F. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities.

Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

G. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken, without prior approval of the historic preservation advisory committee.

H. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any acquisition, protection, stabilization, preservation, rehabilitation, restoration or reconstruction project. (Ord. 2710 (part), 2017:

Ord. 2001-13 § 4 (part), 2001: prior code § 7711)

17.56.120 Fencing and wall design criteria.

This section contains criteria for reviewing all applications for new fencing and walls within the historic district or on the local register, and for any application for rehabilitation, renovation, alteration, reconstruction, or enlargement of fencing and walls within the historic district or on the local register. In reviewing an application, the historic preservation advisory committee shall consider the following general standards and principles:
87 A. Fencing proposals shall be used to form continuous cohesive walls of enclosure along the street, and shall be compatible with the architectural style of the main building and historic district.

B. If historic walls or fencing exist on a property, preference should be given to repair of the existing fencing or wall to restore its original appearance to the extent possible. If removal and replacement of historic fencing and walls is proposed, preference should be given to the use of like materials to preserve the appearance of the original fencing or wall.

C. Proposals for new fencing or walls should be compatible with the character and architectural elements of the historic structure onsite and its period of original construction.

D. Appropriate materials for fencing and walls shall include, but not be limited to, landscape masses, wood, wood pickets, wrought iron, cast iron, masonry walls, brick, stone, decorative wire, and vinyl materials that mimic the appearance of painted wood.

E. Proposals for chain link fencing in areas visible from the street shall be discouraged. The historic preservation advisory committee may grant an application for chain link fencing along public streets if, on the basis of the application and the evidence submitted, the committee makes one of the following findings:

1. That the proposed chain link fencing is compatible with the historic structure and the neighborhood;

2. That sufficient evidence has been provided indicating that the applicant will experience an economic hardship should the chain link fencing not be permitted to be placed onsite;

17.56.130 Role of building official.

A. The building official shall refuse to issue all building or sign permits based upon an application disapproved by the historic preservation advisory committee, unless such application is later approved by the city council. The building official may approve any application approved or conditionally approved by the committee at such time as any conditions specified in such conditional approval are clearly indicated by the applicant on the plans presented to the building official for approval. If an appeal to the city council is filed within ten days from the date of committee approval of an application, no permit shall be issued until the outcome of said appeal is finally determined by the city council.

B. After a building permit has been issued, the building official or his/her designee shall from time to time inspect the construction, alteration or enlargement approved by the committee and shall take such action as is necessary to assure compliance with the approved plans. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7712)

17.56.140 Separability.

The provisions of this chapter shall be deemed to be severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the 88 decision of the court shall not impair any of the remaining provisions. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7707) 89 ADDRESS DIR STREET CLASSIFICATION MAIN STYLE SUB STYLE 407 NE 1st Ave Exceptional Period Revival Colonial Revival 220 NW 1st Ave Focus Victorian Queen Anne
309 NW 1st Ave Background Vernacular N/A
316 NW 1st Ave Background Vernacular N/A
318 NW 1st Ave Background Vernacular N/A
211 NW 2nd Background Craftsman Bungalow
312 NW 2nd Background Vernacular N/A
315 NW 2nd Background Vernacular N/A
111 W Acequia Ave Exceptional Modern Art Deco
820 W Acequia Ave Focus Craftsman Airplane Bungalow
430 S Bridge St Background Vernacular N/A
433 S Bridge St Background Vernacular N/A
436 S Bridge St Background Vernacular N/A
446 S Bridge St Background Craftsman Bungalow
448 S Bridge St Background Craftsman Bungalow
500 S Bridge St Background Craftsman Bungalow
308 E Center Ave Background Vernacular
(Commercial) N/A
401 E Center Ave Exceptional Vernacular
(Commercial) N/A
413 & 417 E Center Ave Exceptional Vernacular
(Commercial) N/A
108 W Center Ave Exceptional Vernacular
(Commercial) N/A
210 W Center Ave Focus Vernacular
(Commercial) N/A
902 W Center Ave Background Craftsman Bungalow
904 W Center Ave Background Craftsman Bungalow
910 W Center Ave Focus Craftsman Bungalow
911 W Center Ave Background Craftsman Bungalow
913 W Center Ave Background Craftsman Bungalow
914 W Center Ave Focus Craftsman Bungalow
915 & 917 W Center Ave Focus Craftsman Bungalow
1007 W Center Ave Focus Craftsman Bungalow
1011 W Center Ave Background Craftsman Bungalow
City of Visalia
Local Register of Historic Structures
Last update: August 1, 2022
90 1013 W Center Ave Focus Craftsman Airplane Bungalow
1100 W Center Ave Background Vernacular N/A
1101 W Center Ave Background Vernacular N/A
1105 W Center Ave Focus Craftsman Bungalow
1110 W Center Ave Focus Period Revival Tudor Revival
1115 W Center Ave Focus Craftsman Bungalow
1116 W Center Ave Background Craftsman Bungalow
1300 W Center Ave Focus Period Revival Tudor Revival
1304 W Center Ave Background Craftsman Bungalow
1307 W Center Ave Focus Period Revival Colonial Revival 113 N Church St Renaissance Revival
128 E Main St
303 N Church St Italianate
120 E Oak Ave
319 N Church St Focus Period Revival Colonial Revival
400 N Church St Focus Craftsman Bungalow
406 N Church St Focus Period Revival Colonial Revival
414 N Church St Background Vernacular N/A
421 N Church St Focus Craftsman Bungalow
520
N
Church St Exceptional Period Revival
Spanish Colonial
Revival (Spanish
Eclectic)
535 N Church St Focus Craftsman Prairie
601 N Church St Focus Craftsman Airplane Bungalow
605 N Church St Focus Vernacular N/A
608 N Church St Exceptional Period Revival Mission Revival 609 N Church St Focus Vernacular N/A
615 N Church St Focus Vernacular N/A
617 N Church St Focus Vernacular N/A
121 S Church St Exceptional Vernacular
(Commercial) N/A
431 S Church St Background Craftsman Bungalow
436 S Church St Exceptional Period Revival Dutch Colonial Revival
437 S Church St Exceptional Craftsman Shingle
444 S Church St Focus Vernacular N/A
449 S Church St Exceptional Victorian Second Empire
507 S Church St Background Victorian Stick (Eastlake)
511 S Church St Focus Victorian Stick (Eastlake)
512 S Church St Background Vernacular N/A
Exceptional Period Revival
(Commercial)
Exceptional Victorian
(Commercial)
91 515 S Church St Focus Craftsman Bungalow
600 S Church St Background Vernacular N/A
601 S Church St Background Craftsman Bungalow
609 S Church St Focus Period Revival Colonial Revival
616 S Church St Background Vernacular N/A
621 S Church St Background Vernacular N/A
626 S Church St Background Vernacular N/A
628 S Church St Background Vernacular N/A
707 S Church St Background Vernacular N/A
710 S Church St Background Craftsman Bungalow
711 S Church St Background Craftsman Bungalow
721 S Church St Background Craftsman Bungalow
726 S Church St Background Craftsman Bungalow
728 S Church St Background Craftsman Bungalow
810 S Church St Background Craftsman Bungalow
821 S Church St Background Craftsman Airplane Bungalow
825 S Church St Bungalow
114 E Tulare Ave
602 S Conyer St Background Craftsman Bungalow
210 N Court St Exceptional Modern Art Deco
320 N Court St Focus Period Revival Mission Revival
410 N Court St Focus Craftsman Bungalow
420 N Court St Exceptional Period Revival Colonial Revival 500 & 506 N Court St Focus Craftsman Prairie
521 N Court St Background Vernacular N/A
525 N Court St Exceptional Victorian Queen Anne
603 N Court St Exceptional Craftsman Bungalow
711 N Court St Focus Vernacular
(Commercial) N/A
500 S Court St Exceptional Victorian Queen Anne
501 S Court St Exceptional Craftsman Bungalow
506 S Court St Background Victorian Stick (Eastlake)
507 S Court St Background Vernacular N/A
508, 510,
512, 514, &
516
S Court St Focus Cluster Cottage Craftsman -
Bungalow
608 S Court St Background Period Revival Tudor Revival
Focus Craftsman
92 612
S Court St Background Craftsman Bungalow
614S Court St Exceptional Victorian Stick (Eastlake)
615S Court St Background Craftsman Bungalow
618S Court St Background Victorian Stick (Eastlake)
620S Court St Background Craftsman Bungalow
700S Court St Focus Victorian Queen Anne
702S Court St Focus Period Revival Colonial Revival
705S Court St Exceptional Period Revival Colonial Revival 717S Court St Focus Period Revival Colonial Revival
719S Court St Focus Craftsman Airplane Bungalow
720S Court St Background Craftsman Airplane Bungalow
724S Court St Focus Victorian Gothic
727S Court St Exceptional Period Revival Tudor Revival
802S Court St Background Craftsman Bungalow
805S Court St Background Craftsman Bungalow
811S Court St Background Period Revival N/A
812S Court St Background Craftsman Bungalow
815S Court St Background Period Revival Pueblo Revival
816S Court St Background Craftsman Bungalow
817S Court St Focus Period Revival Mission Revival
820S Court St Exceptional Craftsman Bungalow
824S Court St Background Craftsman Bungalow
905S Court St Background Craftsman Bungalow
910S Court St Focus Victorian Italianate
915S Court St Background Craftsman Bungalow
919S Court St Background Craftsman Bungalow
921S Court St Background Craftsman Bungalow
944S Court St Focus Period Revival Colonial Revival
307N Encina St Focus Craftsman Bungalow
500N Encina St Focus Craftsman Prairie/Craftsman
Bungalow
508N Encina St Background Craftsman Bungalow
513N Encina St Exceptional Victorian Stick (Eastlake)
524N Encina St Background Vernacular N/A
529N Encina St Background Vernacular N/A
537N Encina St Focus Victorian Stick (Eastlake)
601N Encina St Exceptional Vernacular N/A
609N Encina St Exceptional Victorian Second Empire
610N Encina St Focus Craftsman Bungalow
616N Encina St Background Vernacular N/A
93 617
N Encina St Exceptional Victorian Queen Anne
623N Encina St Focus Victorian Stick (Eastlake)
627N Encina St Focus Period Revival Colonial Revival
630N Encina St Background Period Revival Tudor Revival
631N Encina St Exceptional Period Revival Colonial Revival 632N Encina St Focus Period Revival Tudor Revival
707S Encina St Background Cluster Cottage Modern - Minimal Traditional
709S Encina St Background Cluster Cottage Modern - Minimal Traditional
301N Fairway St Exceptional Period Revival
Spanish Colonial
Revival (Spanish
Eclectic)
403N Floral St Exceptional Craftsman/Period
Revival
Bungalow/Colonial
Revival
613N Floral St Focus Victorian Stick (Eastlake)
703N Floral St Background Vernacular N/A
723N Floral St Background Vernacular N/A
733N Floral St Focus Craftsman Shingle
829N Floral St Background Craftsman Shingle
309N Garden St Focus Vernacular
(Commercial) N/A
407
N Garden St Focus Victorian Stick (Eastlake)
411N Garden St Background Vernacular N/A
415N Garden St Focus Craftsman Bungalow
500N Garden St Focus Modern Art Moderne
700N Garden St Background Victorian Queen Anne
426S Garden St Focus Craftsman Bungalow
427S Garden St Focus Craftsman Bungalow
429S Garden St Background Vernacular N/A
431S Garden St Focus Craftsman Bungalow
432S Garden St Background Craftsman Bungalow
435S Garden St Background Vernacular N/A
449S Garden St Background Vernacular N/A
513S Garden St Exceptional Period Revival Colonial Revival 515S Garden St Background Vernacular N/A
533S Garden St Background Vernacular N/A
603S Garden St Background Vernacular N/A
702S Garden St Background Period Revival Colonial Revival 709S Garden St Background Period Revival N/A
94 801 S Garden St Background Craftsman Bungalow
803 S Garden St Background Craftsman Bungalow
805 S Garden St Background Craftsman Bungalow
807 S Garden St Background Craftsman Bungalow
408 W Goshen Ave Focus Period Revival Colonial Revival
410 & 412 W Goshen Ave Focus Period Revival Colonial Revival 411 W Goshen Ave Focus Craftsman Bungalow
415 W Goshen Ave Focus Period Revival Colonial Revival
506 W Goshen Ave Focus Period Revival Colonial Revival
511 W Goshen Ave Focus Victorian Stick (Eastlake)
601 W Goshen Ave Focus Victorian Folk
612 W Goshen Ave Background Vernacular N/A
619 W Goshen Ave Background Vernacular N/A
721 W Goshen Ave Background Vernacular N/A
722 W Goshen Ave Focus Vernacular N/A
731 W Goshen Ave Focus Vernacular N/A
1300 W Goshen Ave Exceptional Victorian Gothic
208 W Grove Ave Exceptional Period Revival Colonial Revival 218 W Grove Ave Focus Venacular N/A
300 W Grove Ave Exceptional Period Revival Colonial Revival 401 W Grove Ave Exceptional Period Revival Neoclassical Revival 411 W Grove Ave Focus Craftsman Shingle
500 W Grove Ave Focus Craftsman Bungalow
504 W Grove Ave Background Period Revival Dutch Colonial Revival
508 W Grove Ave Focus Craftsman Bungalow
701 N Highland St Background Craftsman Bungalow
714 N Highland St Focus Craftsman Shingle
719 N Highland St Exceptional Craftsman Shingle
727 N Highland St Exceptional Craftsman Shingle
733 N Highland St Focus Period Revival Tudor Revival
739 N Highland St Focus Period Revival Tudor Revival
745 N Highland St Background Period Revival Tudor Revival 807 N Highland St Exceptional Craftsman Bungalow
810 N Highland St Focus Period Revival Mediterranean
Revival
826 N Highland St Background Period Revival Mediterranean Revival
721 N Jacob St Background Vernacular N/A
505 W Kaweah Ave Focus Victorian Stick (Eastlake)
95 511 W Kaweah Ave Background Craftsman Bungalow
512 W Kaweah Ave Focus Craftsman Bungalow
515 & 517 W Kaweah Ave Focus Period Revival Mission Revival 516 W Kaweah Ave Background Craftsman Bungalow
526 W Kaweah Ave Background Craftsman Bungalow
527 W Kaweah Ave Focus Craftsman Bungalow
535 W Kaweah Ave Focus Craftsman Bungalow
600 W Kaweah Ave Focus Craftsman Bungalow
601 W Kaweah Ave Minimal Traditional
605 S Willis St
605 W Kaweah Ave Background Craftsman Bungalow
609 W Kaweah Ave Focus Craftsman Bungalow
610 & 612 W Kaweah Ave Focus Period Revival N/A
614 W Kaweah Ave Focus Craftsman Bungalow
620 W Kaweah Ave Background Craftsman Bungalow
700 W Kaweah Ave Background Modern Minimal Traditional
713 W Kaweah Ave Focus Craftsman Bungalow
715 W Kaweah Ave Focus Craftsman Bungalow
809 W Kaweah Ave Exceptional Craftsman Bungalow
815 W Kaweah Ave Focus Period Revival Mediterranean
Revival
417 N Locust St Exceptional Period Revival N/A
509 N Locust St Focus Victorian Queen Anne
515 N Locust St Focus Victorian Queen Anne
518 N Locust St Focus Victorian Stick (Eastlake)
519 N Locust St Focus Vernacular N/A
523 N Locust St Focus Victorian Stick (Eastlake)
533 N Locust St Focus Vernacular N/A
535 N Locust St Focus Vernacular N/A
539 N Locust St Focus Victorian Queen Anne
119 S Locust St Exceptional Period Revival
(Commercial) Neoclassical Revival
438 S Locust St Focus Craftsman Airplane Bungalow
504 S Locust St Focus Period Revival N/A
515 S Locust St Exceptional Craftsman Bungalow
618 S Locust St Background Period Revival Tudor Revival 624 S Locust St Background Vernacular N/A
714 S Locust St Focus Period Revival Tudor Revival
905 S Locust St Background Period Revival Mission Revival 912 S Locust St Background Period Revival Mission Revival Background Modern
96 300
W Main St Exceptional Period Revival
(Commercial)
Spanish Colonial
Revival (Spanish
Electic)
708W Main St Focus Cluster Cottage Period Revival -
Tudor Revival
809W Main St Focus Craftsman Bungalow
900W Main St Focus Craftsman Bungalow
904W Main St Focus Craftsman Bungalow
918W Main St Background Craftsman Bungalow
1000W Main St Focus Craftsman Bungalow
1001W Main St Focus Period Revival
Spanish Colonial
Revival (Spanish
Electic)
1001W Main St Exceptional Period
Revival/Modern
Mission Revival/Art
Deco
1002W Main St Focus Craftsman Bungalow
1004W Main St Focus Craftsman Airplane Bungalow
1010W Main St Background Craftsman Bungalow
1102W Main St Focus Craftsman Bungalow
1120W Main St Focus Period Revival Mediterranean
Revival
1220W Main St Focus Period Revival Mediterranean
Revival
1300W Main St Exceptional Period Revival Mission Revival 128W Mineral King Exceptional Modern Art Deco
604S Mooney Exceptional Modern Art Moderne
307W Murray Ave Exceptional Victorian Shingle
310W Murray Ave Focus Victorian Queen Anne
311W Murray Ave Focus Victorian Queen Anne
319W Murray Ave Background Vernacular N/A
516W Myrtle Ave Background Craftsman Bungalow
520W Myrtle Ave Focus Period Revival N/A
534W Myrtle Ave Exceptional Period Revival Tudor Revival 535W Myrtle Ave Focus Modern Minimal Traditional
600W Myrtle Ave Focus Craftsman Bungalow
606W Myrtle Ave Focus Craftsman Bungalow
611W Myrtle Ave Background Craftsman Bungalow
612W Myrtle Ave Background Craftsman Bungalow
614W Myrtle Ave Focus Period Revival N/A
615W Myrtle Ave Exceptional Period Revival Tudor Revival 97 700 W Myrtle Ave Background Modern Minimal Traditional 707 W Myrtle Ave Focus Craftsman Bungalow
708 W Myrtle Ave Focus Craftsman Bungalow
801 W Myrtle Ave Exceptional Period Revival Tudor Revival 805 W Myrtle Ave Exceptional Period Revival Tudor Revival 809 W Myrtle Ave Focus Craftsman Bungalow
523 W Noble Ave Focus Craftsman Bungalow
615 W Noble Ave Focus Craftsman Bungalow
701 W Noble Ave Background Craftsman Airplane Bungalow
705 W Noble Ave Background Period Revival Mission Revival 709 W Noble Ave Focus Craftsman Airplane Bungalow
715 W Noble Ave Focus Craftsman Bungalow
112 E Oak Ave Exceptional Period Revival Mission Revival 204 E Oak Ave Exceptional Period Revival Neoclassical Revival 207 E Oak Ave Exceptional Period Revival
(Commercial) Mission Revival
214 E Oak Ave Exceptional Vernacular
(Commercial) N/A
242 E Oak Ave Focus Vernacular
(Commercial) N/A
201 W Oak Ave Exceptional Period Revival Colonial Revival 200 & 202 W Oak Ave Exceptional Period Revival Mediterranean Revival
308 W Oak Ave Focus Period Revival Tudor Revival
312 W Oak Ave Focus Period Revival Colonial Revival
510 W Oak Ave Focus Craftsman Bungalow
735 W Oak Ave Focus Craftsman Airplane Bungalow
814 W Oak Ave Background Craftsman Airplane Bungalow
501 S Oak Park St Background Period Revival Mission Revival 218 W Olive Vernacular Vernacular N/A
410 E Race Ave Focus Vernacular
(Commercial) N/A
420 E Race Ave Focus Vernacular
(Commercial) N/A
315 W Race Ave Focus Craftsman Shingle
415 W Race Ave Focus Period Revival N/A
417 W Race Ave Background Craftsman Bungalow
98 425 W Race Ave Exceptional Period
Revival/Craftsman
Bungalow/Spanish
Colonial Revival
(Spanish
Eclectic)/Bungalow
432 W Race Ave Background Cluster Cottage Modern - Minimal Traditional
501 S Santa Fe St Background Victorian Queen Anne
120 W School Ave Background Period Revival Colonial Revival 307 W School Ave Focus Cluster Cottage Period Revival - Tudor Revival
318 W School Ave Focus Victorian Stick (Eastlake)
319 W School Ave Exceptional Period Revival Colonial Revival 406 W School Ave Focus Craftsman Bungalow
507 W School Ave Focus Victorian Folk
301 N Stevenson St Focus Victorian Folk
825 N Stevenson St Background Period Revival N/A
1015 N Stevenson St Focus Victorian Gothic
514 & 520 S Stevenson St Background Modern Ranch (Rambler) 101 W Tulare Ave Exceptional Period Revival Neoclassical Revival 509 S Watson St Focus Period Revival N/A
635 & 637 S Watson St Focus Craftsman Bungalow
701 S Watson St Exceptional Craftsman Bungalow
218 N West St Background Craftsman Bungalow
505 N West St Focus Craftsman Shingle
820 N West St Background Craftsman Bungalow
933 N West St Background Craftsman Bungalow
937 N West St Background Vernacular N/A
1019 N West St Focus Victorian Stick (Eastlake)
600 N Willis St Background Period Revival Mediterranean Revival
615 N Willis St Exceptional Craftsman Bungalow
700 N Willis St Exceptional Craftsman Bungalow
701 N Willis St Focus Craftsman Bungalow
711 N Willis St Focus Craftsman Bungalow
714 N Willis St Focus Period Revival Tudor Revival
715 N Willis St Focus Craftsman Bungalow
719 N Willis St Focus Craftsman Bungalow
720 N Willis St Focus Period Revival N/A
722 N Willis St Exceptional Period Revival Tudor Revival 725 N Willis St Focus Craftsman Bungalow
99 731 N Willis St Focus Craftsman Bungalow
737 N Willis St Focus Craftsman Bungalow
810 N Willis St Background Vernacular N/A
100
TOTAL 349
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Evans Ditch
Jennings Ditch
Mill Creek
E Tulare Ave
W Mineral King Ave
E Mineral King Ave
W Main St
W Tulare Ave
E Noble Ave
S Mooney Blvd
N Ben Maddox Way
S Giddings St
W Murray Ave
N Mooney Blvd
N Court St
E Acequia Ave
N Divisadero St
N Santa Fe St
N Hall St
S Conyer St
S Locust St
S Court St
N Locust St
NW 2nd Ave
W Acequia Ave
N Willis St
N Burke St
W Center Ave
E Main St
W Noble Ave
Hwy 198
E Center Ave
E Murray Ave
N Bridge St
N Giddings St
S Willis St
S Bridge St
NE 3rd Ave
S Santa Fe St
NW 3rd Ave
W Goshen Ave
N Jacob St
S Burke St
S Ben Maddox Way
E Goshen Ave
Road Class
Collector
Highway
Local
Major Arterial
Minor Arterial
Other
Ramp
Service
Railroad
Waterways
City Limits
Parcels
!( Local Registry
Historical District ¯
0 0.050.1 0.2 0.3 0.4
Miles
Historic District and Local Register Map
102

1. Survey
a. Survey properties that are within the Historic District, but not on the Local Register.
b. Identify sites outside of the Historic District for possible Local Register designation (Consult with Terry Omen for guidance).
c. Review and survey mid-century structures for Local Register designation. d. Re-list relocated Local Register properties.
e. Research protecting local landmarks.
f. Identify sites for nomination to California/National historic registers. g. Expand the Historic District (South Locust Street corridor).

2. Technology
a. Develop a searchable/interactive historic database for staff and public use.

Database can be updated with surveys, photos, architectural information, Historic District/Local Register designations (Timing/Staff availability information required from City Staff).
b. Develop a survey app for phones

3. Homeowners Incentives
a. Re-establish plaque and awards programs.
b. Research incentives and grants for property owners.
c. Establish a recognition system/list for historic signage (Visalia Tea Garden neon sign, etc.).

4. Marketing and Community Outreach
a. Reach out to the Tulare County Association of Realtors to inform brokers of the HPAC.
b. Set up HPAC information booths at public events - volunteer engagement. c. Build a network of community volunteers, and build a list of prospective HPAC members.
d. Network with other community groups (Downtown Visalia’s, Visit Visalia, Lions, Rotary, Soroptimist, Kiwanis, etc).
e. Create a newsletter and continue community outreach through meetings and events.

5. Historic Preservation Guides
a. Refine architectural style descriptors in the Local Register to help identify architectural styles more easily.
b. Draft designs guidelines for fencing/ historic buildings. c. Create a workbook resource for use by property owners for the restoration of historic structures.

6. Financial
a. Investigate/apply for the Certified Local Government program.

CITY OF VISALIA
Historic Preservation Advisory Committee
Goals 2022 – 2024
103
Visalia Architectural Style Guide
403 North Floral Street
Published by the City of Visalia Historic Preservation Advisory Committee 1 104
Introduction & How to Use This Style Guide
Visalia was founded in 1852 and incorporated as a city in 1874. Through the efforts of the City of Visalia, building owners, and citizen volunteers, much of Visalia’s historic fabric has survived to the present day. The City’s Historic Preservation Advisory Committee (HPAC) continues those efforts by overseeing the Historic District, the Local Register of Historic Structures, and implementation of the Historic Preservation Ordinance. Buildings listed on the Local Register are classified according to the architectural styles that are presented here. Because Visalia was founded over 150 years ago, many types of architectural styles are present in the City. Trends, population size, economic conditions and the availability of building materials influenced architecture at different stages as the city grew over time.

This guide covers Visalia’s major architectural styles and their subsets. It is organized into two sections: Part I: Residential and Religious Buildings and Part II: Commercial, Professional and Civic Buildings. Each page contains a photo example of the style of architecture, as well as bullet points that describe architectural features that are typical of each style. These common features may or may not be present on a building of a particular style. Each page notes the years in which these styles were popularly built.

This guide can help building owners determine the style of their structure and serve as a reference guide for those who are interested in local architecture.

Note: Some of the buildings pictured in this guide are not listed on the Local Register of Historic Structures; however, they are considered excellent examples of their style and have notable architectural flair. 1525 West Burrel Avenue
2 105
Contents
• Part I: Residential and Religious Buildings (Page 4) • Victorian Styles: Gothic, Italianate, Stick (Eastlake), Second Empire, Queen Anne, Victorian Shingle, Folk (Pages 5-12) • Vernacular Style (Pages 13-14) • Period Revival Styles: Colonial, Dutch Colonial, Mission, Tudor, Neoclassical, Pueblo, Spanish Colonial, French Vernacular, Mediterranean, Monterey (Pages 15-25) • Cluster Cottages/Bungalow Courts (Pages 26-27) • Arts & Crafts Styles: Craftsman Shingle, Craftsman Bungalow, Airplane Bungalow, Prairie (Pages 28-32) • Modern Styles: Art Deco, Minimal Traditional, Mid-Century, Ranch/Rambler (Pages 33- 37) • Part II: Commercial, Professional and Civic Buildings (Page 38) • Styles: Renaissance Revival, Italianate, Vernacular, Mission Revival, Neoclassical Revival, Art Deco, Art Moderne, International/Modernist, Brutalist (Pages 39-47) • Sources and Suggested Reading (Page 48) • Historic Preservation Advisory Committee (HPAC) Contact and Meeting Information (Page 49) 204 East Oak Avenue
3 106
Part I : Residential and
Religious Buildings
100 West School Avenue
300 West Grove Avenue
208 West Grove Avenue
609 South Church Street 514 East Center Avenue4
107
Victorian Style
1860-1910
Homes that were built during the
reign of Queen Victoria of Britain
that are typically of wood
construction and highly ornamented
614 South Court Street 5
108
Gothic
1840-1900
• Pointed arches as a decorative
element • Front facing gables • Steeply pitched roof • Decorative trim/bargeboard • Board and batten siding
1015 North Stevenson Street
6 109
Italianate
1845-1900
• Cornice with decorative brackets
• Wide overhanging eaves
• Narrow windows
• Window crowns
• Single story porches
• Cupola or square tower • Decorative quoins
910 South Court Street
7 110
Stick (Eastlake)
1855-1900
• Steeply pitched gable roof • Cross gables
• Decorative trusses at gable peak
• Overhanging eaves with exposed
rafters
• Clapboard siding
• Decorative wood trim (stickwork) • Porches with curved or diagonal bracing
• Towers
513 North Encina Street
8 111
Second Empire
1860-1900
• Mansard style roof • Patterned shingle roof • Iron roof crest • Decorative window surrounds and dormers
• Eaves with brackets
• Single story porches
• Decorative quoins
• Balustrades
609 North Encina Street
9 112
Queen Anne
1880-1910 • Abundance of decorative
elements • Steeply pitched roof, often
irregularly shaped • Asymmetrical façade • Large partial or full-width porch • Round or polygonal corner tower • Decorative spindle work on porches and trim • Columns or turned posts on
porches • Projecting bay windows
617 North Encina Street
10 113
Victorian Shingle
1880-1905 • Shingled walls and roof • Asymmetrical facade • Irregular roof lines • Moderately pitched roofs • Cross gables • Extensive wide porches • Small sash or casement windows with many panes • Round or polygonal shingled
towers and projecting bays • Shingles painted or naturally weathered • Presence of Queen Anne details
307 West Murray Avenue
11 114
Folk
1880-1910
• Square shaped smaller versions
of Queen Anne style homes
• Façade may be symmetrical or
asymmetrical • Spindle work on porches
• Prominent front-facing gable
• Bracketed eaves
• Clapboard siding
• Single story
601 West Goshen Avenue
12 115
Vernacular Style
1880-1910
Homes that were built of simpler
designs, using local builders and
readily available building materials
721 West Goshen Avenue
13 116
Vernacular Examples 624 South Locust Street 731 West Goshen Avenue 309 Northwest 1stAvenue 722 West Goshen Avenue
• Typically single story
• Board and batten or clapboard siding
• Single-paned, double hung windows
• Full width or small entry porches
• Simple decorative brackets or columns
• Cross gable roofs
• Raised foundations 14
117
Period Revival Style
1880-1955
Homes that were designed to mimic
an earlier architectural era from
either the United States or Europe
727 South Court Street 15
118
Colonial Revival
1885-1915
• Columned porch or portico
• Front door sidelights
• Pedimented door, windows or dormers
• Broken pediment over front door • Pilasters
• Symmetrical Facade
• Double-hung windows, often multipaned
• Bay windows or paired or triple
windows
• Decorative pendants
• Cornice with dentils or medallions 407 Northeast 1stAvenue 16 119
Dutch Colonial Revival
1890-1930
• Gambrel roof • Long overhanging eaves
• Natural materials
• Fireplace and chimney
• Sash windows
• Wooden shutters
• Dutch door
504 West Grove Avenue
17 120
Mission Revival
1890-1930
• Mission-shaped roof parapet • Wide, overhanging eaves with decorative brackets
• Red clay roof tiles
• Arched doorways
• Deep window openings without
any framing, except the sill • Inspired by the California missions
320 North Court Street
18 121
Tudor Revival
1890-1930
• Steeply pitched roof • Cross gables
• Decorative half-timbering
• Prominent chimneys
• Narrow multi-pane windows
• Entry porches or gabled entry
• Patterned stonework or
brickwork
• Overhanging gables or second
stories
• Parapeted or Flemish gable 722 North Willis Street
19 122
Neoclassical Revival
1895-1950
• Symmetrical, usually with center
door • Front facade columned porch
• Full height porch with classical
columns
• Front facing gable on porch or
main roof • Decorative door surrounds,
columns, or sidelights
• Side or front portico or entry
porch
• Dentiled cornice 401 West Grove Avenue
20 123
Pueblo Revival
1900-1940 • Can be made of adobe, but
usually constructed of stucco or
concrete • Simple, flat roofs • Projecting wood beams • Simple windows without decoration • Clay tile may be present • May contain heavy ceiling beams, porch posts, and doors • Usually one story
815 South Court Street
21 124
Spanish Colonial Revival
(Spanish Eclectic)
1915-1940
• Low-pitched, clay tile roof • Round arches at entryway, porch or windows
• Porch arcade with columns,
sometimes spiraled
• Low-relief carving at doorways,
windows and cornices
• Stucco exterior walls
• Elaborately carved doors
• Decorative window grills of
wood or iron
• Balconies or terraces 301 North Fairway Street
22 125
French Vernacular Revival
1915-1940
• Rectangular in shape
• One or two rooms deep
• French doors that connect the
indoors to the outdoors
• Casement windows
• Very steeply pitched roof • Decorative quoins
• Centrally located chimneys
1320 West Main Street
23 126
Mediterranean Revival
1920-1940
• Clay tile roofs
• Ornate archways
• Wrought iron balconies, window
grilles, and decorations
• Walls are usually stucco
• Facades can be asymmetrical or
symmetrical • May contain elements of Spanish
Revival or Mission Revival
architecture
1914 West Green Acres Drive
24 127
Monterey
1925-1955 • Typically two stories • Clay tile or asphalt shingle shallow-pitched roofs • Second story cantilevered
balcony • Elements of Spanish colonial
architecture may be present • Large brackets that support the porch
1543 Sierra Drive
25 128
Cluster Cottages
(Bungalow Courts)
1920-1940
Clusters of smaller individual
dwelling units built around a central
courtyard
307 West School Avenue
26 129
Cluster Cottage
Examples
• Single story
• 3 or more individual dwellings
• Central courtyard or walkway
• Casement or double hung windows
• Often Period Revival or Craftsman in
style
• Small footprint – ‘cottage size’ 706 – 708 West Main Street 508 – 516 South Court Street
27 130
Arts & Crafts Style
1880-1930
Homes that were built with rustic
materials such as wood, brick, stucco or
river rock - these homes emphasize the
outdoor lifestyle by typically containing
porches, balconies and many windows
500 North Encina Street 28
131
Craftsman Shingle
1900-1920
• Shingled walls and roof • Asymmetrical facade
• Irregular roof lines
• Moderately pitched roofs
• Cross gables
• Extensive wide porches
• Small sash or casement windows
with many panes
• Round or polygonal shingled
towers
• Presence of clinker brick
437 South Church Street
29 132
Craftsman Bungalow
1900-1930 • One or two stories in height • Overhanging eaves with exposed rafters or braces • Front facing gables • Multi pane windows • Low pitched gable or hipped roof • Full or partial front porch with sturdy (often square and tapered)
columns • Prominent gabled or shed roofed
dormers • Presence of clinker brick
501 South Court Street
30 133
Airplane Bungalow
1900-1930 • One and a half stories in height • Overhanging eaves with exposed rafters or braces • Front facing gables • Multi pane windows • Low pitched gable or hipped roof • Full or partial front porch with sturdy (often square and tapered) columns • Prominent gabled or shed roofed dormers • Single room on second story
surrounded by windows • Presence of clinker brick
614 West Kaweah Avenue
31 134
Prairie
1900-1920
• Low pitched hipped roof • Wide overhanging eaves
• Emphasis on horizontal lines
• Massive square porch columns
• Paired double hung windows
506 North Court Street
32 135
Modern Style
1920-1980
Homes that were built with a
focus on function rather than
ornamentation, utilizing
innovative technologies and
building materials
1506 West Burrel Avenue
33 136
Art Deco
1900-1940 • Smooth wall surface • Sharp edged, linear appearance • Stylized decorative elements using geometrical forms, zigzags,
chevrons • Low relief decorative panels • Stepped or set back front facade • Strips of windows with decorative spandrels • Reeding and fluting around
doors and windows • Use of glass block for windows
1610 West Main Street
34 137
Minimal Traditional
1935-1950
• Minimalized version of eclectic
styles that were popular in the
1920s
• Hipped or gabled roofs without
large projecting eaves
• Cladded in locally popular
materials like wood or brick
• Small porches
• Asymmetrical facades
• Off-center front door
1721 West Burrel Avenue
35 138
Mid-Century
1945-1960
• Clean, minimal lines
• Broad roof overhangs
• Walls of glass and large windows
• Open and well-defined
floorplans
• Modern and traditional building
materials
• A relationship to the outside
environment • Asymmetrical designs
1405 West Main Street
36 139
Ranch (Rambler)
1945-1970
• Single story
• Asymmetrical shape
• Low-pitched roof • Simple, open floorplans
• Connection to outdoors (patio) • Attached garage
• Can be shingle, clapboard or
board and batten siding
1601 West Beverly Drive
37 140
Part II : Commercial,
Professional and Civic
Buildings
210 North Court Street
707 West Acequia Avenue
404 North Tipton Street
308 West Main Street
520 East Mineral King Avenue 38
141
Renaissance Revival
1840-1920
• Intricately patterned, wide
decorative cornice
• Vertical bands of windows
• Terra cotta or plaster panels with
sculptural ornamentation
• Flat roof with deep projecting
eaves
• Multi-storied (6 or more floors) • Buildings have three distinct sections: top, middle and bottom
128 East Main Street
39 142
Italianate
1845-1900
• Cornice with decorative brackets
• Wide overhanging eaves
• Narrow windows
• Window crowns
• Single story porches
• Cupola or square tower • Decorative quoins
120 East Oak Avenue
40 143
Vernacular
1880-1910
• Feature simpler designs, using
local builders and readily
available building materials
• Typically brick
• One to three stories
• Decorative parapets or cornices
• Originally built for commercial or
industrial use
510 East Acequia Avenue
41 144
Mission Revival
1890-1930
• Mission-shaped roof parapet • Wide, overhanging eaves with decorative brackets
• Red clay roof tiles
• Arched doorways
• Deep window openings without
any framing, except the sill • Inspired by the California missions
112 East Oak Avenue
42 145
Neoclassical Revival
1895-1950 • Formal symmetrical design,
usually with center door • Front facade columned porch • Full height porch with classical columns • Front facing gable • Broken pediment over entry • Decorative door surrounds, columns, or sidelights • Front portico or entry porch • Dentiled cornice • Roof line balustrade 119 South Locust Street
43 146
Art Deco
1920-1940 • Smooth wall surface • Sharp edged, linear appearance • Stylized decorative elements using geometrical forms, zigzags,
chevrons • Low relief decorative panels • Stepped or set back front facade • Strips of windows with decorative spandrels • Reeding and fluting around
doors and windows • Use of glass block for windows
111 West Acequia Avenue
44 147
Art Moderne
1920-1940
• Considered a subset of Art Deco
architecture
• Smooth wall surface, usually
stucco
• Flat roof • Horizontal emphasis
• Curved corners or windows
• Aluminum or stainless-steel
detailing
• Use of glass block for windows
604 South Mooney Boulevard
45 148
International/Modernist
1930-1965
• Clean, minimal lines
• Broad roof overhangs
• Walls of glass and large windows
• Open and well-defined
floorplans
• Modern and traditional building
materials
• A relationship to the outside
environment • Asymmetrical designs
315 South Johnson Street
46 149
Brutalist
1960-1980
• Rough, unfinished surfaces
• If present, windows are
inconspicuous and small • Unusual shapes
• Heavy-looking materials
• Heavy massing
• Straight lines
• Little to no ornamentation
217 West Acequia Avenue
47 150
Sources &
Suggested Reading
• Baker, John Milnes. American House Styles A Concise Guide. Norton & Company, Incorporated, W.W., 1994. • Howe, Jeffery W. The Houses We Live In: An Identification Guide to the History and Style of American Domestic Architecture. PRC Publishing Ltd., 2002. • LaChiusa, Chuck. “Illustrated Architecture Dictionary.” Illustrated Architecture Dictionary, https://buffaloah.com/a/DCTNRY/vocab.html. • “PHMC Historic Architectural Styles in Pennsylvania.” PHMC Pennsylvania Architectural Field Guide, http://www.phmc.state.pa.us/portal/communities/architecture/styles/index.html. • “Types of Architecture Study Guide.” Study.com | Architecture Study Guide, https://study.com/academy/course/types-of-architecture-study-guide.html. • Photography and Guide Design by Tyler Davis 2018 West Green Acres Drive
48 151
Historic Preservation Advisory Committee (HPAC)
Contact and Meeting Information
• The HPAC Administers and carries out the standards and specifications of the Historic Preservation Ordinance. • When: Meets on the 2nd and 4th Wednesday of each month at 5:30 PM • Where: City of Visalia Administration Building Conference Room, 220 North Santa Fe Street, Visalia, CA 93292 (enter using door located to the left of the main entrance, on the north face of the building) • Contact: Staff Liaison Cristobal Carrillo at (559) 713-4443 or [email protected]
• Historic Preservation Advisory Committee Website:
https://www.visalia.city/government/committees/historic_preservation_advisory_co mmittee.asp
• City of Visalia Historic Preservation Ordinance:
https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=7346 • Local Register of Historic Structures:
https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=12377 206 North Encina Street 49
152
153
October 17, 2022
BFD Investment Company, LLC
C/O Total Property Management
P.O. Box 478
Tulare, CA 93275
RE: Notice to Properties on the National Register of Historic Places – Bank of Italy Building, 128 East Main Street, Visalia CA 93291
To Whom It May Concern,
My name is Walter Deissler and I am the Chair of the City of Visalia Historic Preservation Advisory Committee (HPAC). The HPAC is a committee of seven volunteers appointed by the Visalia City Council to recognize and protect historic neighborhoods and buildings which contribute to Visalia’s historic heritage. This letter is being sent to you because you are the owner of a structure listed on the National Register of Historic Places.

Did you know that there are 752 properties in the City of Visalia that are located within the Historic District, and 386 of those are listed on the Local Register of Historic Properties? Of all those properties, only four are recognized on the National Register of Historic Properties. Congratulations! Your property is one of those four! You’re receiving this notice as recognition of your property’s special importance and significance in Visalia.

Properties like yours with impressive heritage have historical, cultural, architectural, archaeological, and/or aesthetic significance. They typically adhere to high standards of quality and are a source of pride for the community at large. In order to assist with the continued care of your historic resource, City staff has included with this letter information and technical assistance to help ensure that Visalia's history is preserved and your property values are enhanced. This includes the following:
 U.S. Department of the Interior – The Secretary of the Interior’s Standards for the Treatment of Historic Properties;
 National Register of Historic Places - Frequently Asked Questions for Property Owners;
 City of Visalia Historic Preservation District Ordinance (Visalia Municipal Code Chapter 17.56);
 City of Visalia Historic District and Local Register of Historic Structures Map;  City of Visalia Local Register of Historic Structures; and City of Visalia Planning Division
315 E. Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4359; Fax: (559) 713-4814 154
 City of Visalia Historic Sites and You Guide.

Properties such as yours are a link with the past and a key to understanding our heritage. We hope the information provided assists in preserving your historic resources for years to come. If you have any questions regarding the materials provided or any matter related to historic preservation, please contact Cristobal Carrillo, Associate Planner and HPAC Staff Liaison at (559) 713-4443 or [email protected].

Thank you for your time and congratulations on your property’s exceptional historic significance!
Sincerely,
Walter Deissler, Chairperson
City of Visalia, Historic Preservation Advisory Committee 155

CITY OF VISALIA

HISTORIC PRESERVATION ADVISORY COMMITTEE
TERMS

1. Patricia Kane
a. 1st term: 4/2018 – 6/2020
b. 2nd term: 7/2020 – 6/2022
c. 3
rd term: 7/2022 – 6/2024

2. Tyler Davis, Vice-Chair
a. 1
st term (partial): 6/2021 – 6/2022 (Completing existing term of member who resigned).
b. 2
nd term: 7/2022 – 6/2024

3. Karen Ayala
a. 1
st partial term: 1/17/2023 – 6/30/2023
b. 1
st full term: 7/1/2023 – 6/30/2025

4. Jay Hohlbauch
a. 1st term: 7/2020 – 6/2022
b. 2
nd term (partial): 7/2022 – 6/2023
c. 2
nd full term: 7/1/2023 – 6/30/2025

5. Walter Deissler, Chair
a. 1
st term: 8/2020 – 6/2022
b. 2
nd term (partial): 7/2022 – 6/2023
c. 2
nd full term: 7/1/2023 – 6/30/2025

6. Jordan Mulrooney
a. Partial Term: 5/2022 – 6/2022 (Completing existing term of member who resigned).
b. 1
st term: 7/2022 – 6/2024

7. Vacant
Late updated 7/21/2023
156
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0293 Agenda Date: 8/21/2023 Agenda #: 5.

Agenda Item Wording:

Request authorization to record the final map for Highland Park, Unit Nos. 3 & 4 subdivision located at the northwest corner of West Riggin Avenue and North Giddings Street, authorize the City Manager to execute the subdivision agreement, and authorize the formation of Landscape and Lighting Assessment District No. 22-05 and order the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 22-05 “Highland Park Unit Nos. 3 & 4.” (Resolution Nos. 2023-32 and 2023-33 required)
Deadline for Action: 8/21/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Sarah MacLennan, Assistant Engineer, [email protected] <mailto:[email protected]>, (559)713-4622 Lupe Garcia, Civil Engineer, [email protected] <mailto:[email protected]>, (559)713-4197 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that City Council authorize the recordation of the final map for Highland Park, Unit Nos. 3 & 4 subdivision located at the northwest corner of West Riggin Avenue and North Giddings Street and, authorize the City Manager to execute the associated Subdivision Agreement.

In addition, staff also recommends that the City Council authorize the formation of Landscape and Lighting Assessment District No. 22-05 and order the improvements and levy the annual assessments for Landscape and Lighting Assessment District No. 22-05 “Highland Park Unit Nos. 3 & 4” (Resolution Nos. 2023-32 and 2023-33).

Summary:

The final map for Highland Park, Unit Nos. 3 & 4 subdivision will be subdividing a 11.72-acre site into a 98-lot single-family subdivision with two outlots; Lot A and Lot B. Lot A is a pocket park located within the subdivision and Lot B is the landscape lot along Riggin Avenue and Giddings Street frontages both to be maintained by the Landscape and Lighting District. The proposed single-family subdivision will take access from a local street connection to West Sedona Avenue and serviced by the interior local public streets with full improvements including curb, gutter, sidewalks, streetlights, sewer and storm mains, and other public infrastructure, utilities, and services (i.e., electricity, gas, and water).

The final map is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, Woodside Homes, as follows: 1) An executed subdivision agreement; 2) Faithful performance bond in the amount of $2,895,231.58, and a labor and materials bond in the amount of $1,447,615.79; 3) cash payment of $643,335.87 distributed to various Visalia City Council Page 1 of 3 Printed on 8/18/2023
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File #: 23-0293 Agenda Date: 8/21/2023 Agenda #: 5.
bond in the amount of $1,447,615.79; 3) cash payment of $643,335.87 distributed to various accounts to cover City fees; and 4) Final map.

The Landscape and Lighting Assessment District No. 22-05 has also been reviewed and approved to form by the Landscape and Lighting District Committee. All new landscaping installed within the outlots, pocket park, and parkways for this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO required that landscaping and irrigation plans be certified by a qualified entity (i.e., a landscape architect) as meeting the State and City’s water conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plan and tree species, and by limiting the portion of landscape that can be covered in turf.

Background Discussion:

The faithful performance bond covers the cost of constructing the public improvements noted in the subdivision agreement and the labor and materials bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the subdivision ordinance, the faithful performance bond covers 100% of the cost of the public improvements. The labor and materials bond is valued at 50% of the faithful performance bond. A maintenance bond valued at 10% of the cost of public improvements will be required prior to recording the Notice of Completion. The maintenance bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers development impact fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized.

Differences are due in cash at the time of City Council approval of the map.

Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final map is a ministerial action. Section 16.24.080 of the subdivision ordinance limits the City Council’s action to the specific determination that the final map substantially conforms to the contents of the tentative map, and the California Subdivision Map Act states that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map.” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The City Council may reject all offers of dedication on the final map pursuant to Section 16.24.080 of the subdivision ordinance and require that the City Engineer so indicate on the final map; however, staff’s recommendation is that the City Council authorize recordation of the final map and accept all offers of dedication as previously described in this report.

Fiscal Impact:
98 lots will contribute to Landscape and Lighting Assessment District No. 22-05 created for the maintenance of common features related to this subdivision (e.g., Highland Park, Unit Nos. 3 & 4).

These common features include but are not limited to; pavement on local streets, block walls, streetlights, and landscaping and irrigation within and along the outlots and pocket park. The annual assessment for each lot is $823.58.

Prior Council Action: None
Other:
· On February 27, 2006, the tentative subdivision map for Highland Park at Shannon Ranch subdivision (TSM No. 5509) and associated Conditional Use Permit (CUP) No. 2006-03 were Visalia City Council Page 2 of 3 Printed on 8/18/2023
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File #: 23-0293 Agenda Date: 8/21/2023 Agenda #: 5.
subdivision (TSM No. 5509) and associated Conditional Use Permit (CUP) No. 2006-03 were approved by the Planning Commission.
· On August 26, 2013, CUP No. 2012-27 was approved by the Planning Commission to amend previously approved CUP No. 2006-03, revising development standards and dwelling types of the previously approved PUD in the R-M-2 zone.
· On May 26, 2020, Finding of Consistency No. 2020-001 was approved by the Planning Commission allowing minor modifications to the public street design and phasing of the tentative map.

Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):

I move to authorize the recordation of the final map for Highland Park Unit Nos. 3 & 4 subdivision and authorize the City Manager to execute the associated subdivision agreement.

I move to authorize the formation of Landscape and Lighting Assessment District No. 22-05 and order the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 22-05 “Highland Park Unit Nos. 3 & 4.” (Resolution Nos. 23-32 and 23-33) Environmental Assessment Status:

Negative Declaration No. 2006-08, adopted February 27, 2006 CEQA Review:

Negative Declaration No. 2006-08, adopted February 27, 2006 Attachments:

1. Resolution Initiating Proceedings for Assessment District No. 22-05

2. Resolution Ordering the Improvements for Assessment District No. 22-05

3. Aerial Map

4. Location Map

5. Final Map

6. Development Disclosure
Visalia City Council Page 3 of 3 Printed on 8/18/2023
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RESOLUTION NO. 2023-__

RESOLUTION INITIATING PROCEEDINGS
FOR ASSESSMENT DISTRICT NO. 22-05
Highland Park Unit Nos. 3 & 4
(Pursuant to Landscape and Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council proposes to form an assessment district pursuant to the Landscaping & Lighting Act of 1972 (Section 22500 and following, Streets & Highways Code) for the purpose of the following improvements:

Maintenance of street trees, landscaping, pocket park, local streets, street lights, block walls, and any other applicable equipment or improvements.

2. The proposed district shall be designated “Assessment District No. 22-05, City of Visalia, Tulare County, California,” and shall include the land shown on the map designated “Assessment Diagram, Assessment District No. 22-05, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “Highland Park Unit Nos. 3 & 4.”

3. The City Engineer of the City of Visalia is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the Engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscape & Lighting Act of 1972.

PASSED AND ADOPTED: August 21, 2023 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2023-__ passed and adopted by the Council of the City of Visalia at a regular meeting held on August 21, 2023.

Dated: , 2023 LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
160
CLERK’S CERTIFICATION TO COUNTY AUDITOR
ASSESSMENT DISTRICT NO. 22-05
Highland Park Unit Nos. 3 & 4
(Pursuant to Landscaping & Lighting Act of 1972)
TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:

I hereby certify that the attached document is a true copy of that certain Engineer’s Report, including assessments and assessment diagram, for “Assessment District No. 22-05, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on August 21, 2023 by its Resolution No. 2023-__.

This document is certified, and is filed with you, pursuant to Section 22641 of the Streets and Highways Code.

Dated: , 2023 LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
161
RESOLUTION NO. 2023-__

RESOLUTION ORDERING THE IMPROVEMENTS FOR
ASSESSMENT DISTRICT NO. 22-05
Highland Park Unit Nos. 3 & 4
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council adopted its Resolution Initiating Proceedings for Assessment District No. 22-05, City of Visalia, Tulare County, California, and directed the preparation and filing of the Engineer’s Report on the proposed formation.

2. The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.

3. The owners of all land within the boundaries of the proposed landscape and lighting district have filed their consent to the formation of the proposed district, and to the adoption of the Engineer’s Report and the levy of the assessments stated therein.

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

5. The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2023/24.

6. The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:
a. Clerk’s Certification to County Auditor
b. Resolution Initiating Proceedings
c. Resolution Ordering Improvements
d. Engineer’s Report:

Exhibit A - Assessment Diagram showing all parcels of real property within the Assessment District
Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report
162
PASSED AND ADOPTED: August 21,2023 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

Dated: , 2023 LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
163
Exhibit “A”
Assessment Diagram
Landscape & Lighting Assessment District No. 22-05
Highland Park Unit Nos. 3 & 4
164
Exhibit “B”
Landscape Location Diagram
Landscape & Lighting Assessment District No. 22-05
Highland Park Unit Nos. 3 & 4
165
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 22-05
Highland Park Unit Nos. 3 & 4
Fiscal Year 2023/24
APN # Assessment Owner Lot # District
To be assigned $823.58 Woodside Homes 1 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 2 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 3 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 4 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 5 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 6 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 7 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 8 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 9 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 10 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 11 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 12 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 13 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 14 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 15 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 16 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 17 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 18 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 19 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 20 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 21 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 22 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 23 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 24 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 25 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 26 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 27 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 28 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 29 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 30 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 31 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 32 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 33 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 34 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 35 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 36 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 37 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 38 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 39 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 40 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 41 22-05Highland Park 3&4 166
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 22-05
Highland Park Unit Nos. 3 & 4
Fiscal Year 2023/24
APN # Assessment Owner Lot # District
To be assigned $823.58 Woodside Homes 42 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 43 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 44 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 45 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 46 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 47 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 48 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 49 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 50 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 51 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 52 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 53 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 54 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 55 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 56 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 57 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 58 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 59 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 60 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 61 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 62 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 63 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 64 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 65 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 66 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 67 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 68 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 69 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 70 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 71 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 72 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 73 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 74 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 75 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 76 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 77 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 78 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 79 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 80 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 81 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 82 22-05Highland Park 3&4 167
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 22-05
Highland Park Unit Nos. 3 & 4
Fiscal Year 2023/24
APN # Assessment Owner Lot # District
To be assigned $823.58 Woodside Homes 83 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 84 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 85 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 86 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 87 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 88 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 89 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 90 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 91 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 92 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 93 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 94 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 95 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 96 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 97 22-05Highland Park 3&4 To be assigned $823.58 Woodside Homes 98 22-05Highland Park 3&4 168
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 22-05
Highland Park Unit Nos. 3 & 4
Fiscal Year 2023/24
General Description
This Assessment District (22-05, Highland Park Unit Nos. 3 & 4) is located at the northwest corner of Giddings Street and Riggin Avenue. Exhibit “A” is a map of Assessment District 22-05. This District includes a pocket park, outlots and local roads. The district will maintain shrub and turf, areas, street and landscape trees, irrigation systems, block walls, street lights, pavement on local streets, and any other applicable equipment or improvements. The maintenance of irrigation systems and block wall includes, but is not limited to, maintaining the structural and operational integrity of these features and repairing and acts of vandalism (graffiti, theft or damage) that may occur. This District includes the preventative maintenance of all internal local City streets by means including, but not limited to, overlays, cape seals, crack seals, and reclamite (oiling). There are a total of 98 lots within the district.

Determination of Benefit
The purpose of landscaping is to provide an aesthetic impression for the area. The lighting is to provide safety and visual impressions for the area. The block wall provides security, aesthetics, and sound suppression. The maintenance of any landscape areas, street lights, streets, and block walls is vital for the protection of both economic and humanistic values of the development.

In order to preserve the values incorporated within developments and to concurrently have an adequate funding source for the maintenance of all internal local streets within the subdivision, the City Council has determined that landscape areas, street lights, block walls, street trees, and all internal local streets should be included in a maintenance district to ensure satisfactory levels of maintenance.

Method of Apportionment
In order to provide an equitable assessment to all owners within the District, the following method of apportionment has been used. All lots in the District benefit equally, including lots not adjacent to landscape areas, block walls, and street lights. The lots not adjacent to landscape areas, block walls, and street lights benefit by the uniform maintenance and overall appearance of the District.

All lots in the District have frontage on an internal local street and therefore derive a direct benefit from the maintenance of the local streets.

Estimated Costs
The estimated costs to maintain the District includes the costs to maintain any landscaping, street trees, landscape trees, street lights, block walls, and pavement on local streets. The regular preventive maintenance of pavement on local streets is based on the following schedule:

Reclamite on a 5 year cycle, Crack Seal on a 7 year cycle; Cape Seal on a 15 year cycle and Overlays on a 20 year cycle.
169
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 22-05
Highland Park Unit Nos. 3 & 4
Fiscal Year 2023/24
The quantities, estimated costs, and per lot assessment in the “Highland Park Unit Nos. 3 & 4” landscape and lighting district are as follows:

Pocket Park 15 Yr Cycle Unit Amount Cost Per Unit
Times
per Year
Annual Cost
Per Unit
Annual Total
Cost
Turf Area Monthly Sq Ft 13,285 $ 0.055 12 $ 0.66 $ 8,768.10 Shrub Area Monthly Sq Ft 7,900 $ 0.029 12 $ 0.348 $ 2,749.20 Water Monthly Sq Ft 21,185 $ 0.018 12 $ 0.216 $ 4,575.96 Electricity Monthly Meter - $ 20.69 12 $ 248.28 $ -
Trees Annual Each 44 $ 60.00 1 $ 60.00 $ 2,640.00
Custodial Maintenance Monthly Each - $ 172.00 12 $ 2,064.00 $ - Annual Fibar Material
Replacement
Annual Cubic Yd - $ 42.00 1 $ 42.00 $ -
Equipment Inspection Monthly Hourly - $ 98.24 12 $ 1,178.88 $ - Repair/Replace Equipment Monthly Hourly - $ 55.00 12 $ 660.00 $ - Playground Structure Once Each - $ 95,000.00 - $ 6,333.33 $ - Picnic Table Once Each 4 $ 5,707.00 - $ 380.47 $ 1,521.87 Bench Once Each 5 $ 1,492.00 - $ 99.47 $ 497.33
Trash Receptacle Once Each 2 $ 1,199.00 - $ 79.93 $ 159.87 Trellis/Arbor Once Each 2 $ 3,500.00 - $ 233.33 $ 466.67 Solar Lighting Pole Once Each - $ 8,000.00 - $ 533.33 $ - Description 20 Yr Cycle Unit Amount Cost Per Unit
Times
per Year
Annual Cost
Per Unit
Annual Total
Cost
Turf Area Monthly Sq Ft - $ 0.055 12 $ 0.66 $ -
Shrub Area Monthly Sq Ft 16,460 $ 0.029 12 $ 0.348 $ 5,728.08 Water Monthly Sq Ft 16,460 $ 0.018 12 $ 0.216 $ 3,555.36 Electricity Monthly Meter 4 $ 20.690 12 $ 248.28 $ 993.12 Landscape Trees Annual Each 39 $ 60.00 1 $ 60.00 $ 2,340.00 Interior Street Tree Annual Each 93 $ 60.00 1 $ 60.00 $ 5,580.00 Street Lights (Electricity &
Maint) Monthly Each 12 $ 11.30 12 $ 135.60 $ 1,627.20
Block Wall Annual Ln Ft 1,485 $ 0.75 1 $ 0.75 $ 1,113.75 Project Management Annual Lots 98 $ 40.00 1 $ 40.00 $ 3,920.00 Description 20 Yr Cycle Unit Amount Cost Per Unit
Times
per Cycle
Annual Cost
Per Unit
Annual Total
Cost
Reclamite (5 year cycle) Twice Sq Yd 11,340 $ 0.96 2 $ 0.96 $ 1,088.64 Crack Seal (7 year cycle) Twice Sq Yd 11,340 $ 0.68 2 $ 0.68 $ 771.12 Cape Seal (15 year cycle) Once Sq Yd 11,340 $ 11.16 1 $ 11.16 $ 6,327.72

2.0' Overlay (20 year
cycle)
Once Sq Yd 11,340 $ 33.42 1 $ 33.42 $ 18,949.14
Total $ 73,373.12
10% $ 7,337.31
Grand Total $ 80,710.44
Number of Lots 98
Annual Per Lot Assessment $ 823.58
10% Reserve Fund (Repairs)
170
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 22-05
Highland Park Unit Nos. 3 & 4
Fiscal Year 2023/24
Annual Cost Increase
This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($80,710.44) (1.05) (n-1)
where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed;
However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.

The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits identified above.

Example 1) The year four estimated costs are $87,974.37 [a 9% increase over the base year assessment of $80,710.44]. The ceiling on the assessment increase for year four would be $93,432.42 [ceiling = ($80,710.44) (1.05) (4-1)]. The assessment would be set at $87,974.37 or the actual cost of providing the maintenance effort.

Example 2) The year four assessment is estimated at the actual cost of providing the maintenance effort of $91,202.79 [a 7% increase over the previous year assessment and a 13.0% increase over the base year assessment]. The ceiling on the assessment increase for year four would be $93,432.42 [ceiling = ($80,710.44) (1.05) (4-1)]. The assessment would be set at $91,202.79 or the actual cost of providing the maintenance effort because it is less than the ceiling amount and the year-to-year increase is less than the 10% cap on increases in any given year.

Example 3) The year four assessment is $87,974.37 [a 9% increase over the base year assessment $80,710.44] and damage occurred to the masonry wall raising the year five assessment to $107,328.74 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $96,771.81, a 10% increase over the previous year and under the ceiling of $98,104.04 [ceiling = ($80,710.44) (1.05)(5-1)]. The difference of $10,556.92 will be recognized as a deficit and carried over into future years’ assessment.

City Engineer Certification
I hereby certify that this report was prepared under my supervision and this report is based on information obtained from the improvement plans of the subject development.

Frank Senteno Date
City Engineer
171
172
173
PREPARED BY:

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

SUBJECT

PROPERTY

RIGGIN AVENUE

RIVERWAY DRIVE

MOONEY BLVD
N. GIDDINGS STREET
N. DINUBA BLVD. (RD. 124)

CITY OF VISALIA
NORTH

VICINITY MAP

NO SCALE

BOARD OF SUPERVISOR'S STATEMENT

CITY CLERK'S STATEMENT

RECORDER'S STATEMENT

SURVEYOR'S STATEMENT

CITY SURVEYOR'S STATEMENT

CITY PLANNER'S STATEMENT

OWNER'S STATEMENT

STATE OF CALIFORNIA/COUNTY OF TULARE

SIGNATURE
MY COMMISSION EXPIRES:

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

PRINT NAME
COMMISSION NO.

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

PERSONALLY APPEARED, _______________________________________ WHO PROVED TO ME

ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)

IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND

THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.