Visalia City Council
September 18, 2023

ADDENDUM NO. 01

Issued: Thursday, August 24, 2023
Project: Annual Contract for Landscape Maintenance of Quadrant A RFB No.: 22-23-02
Bids Due: Thursday, August 31, 2023 at 11 a.m.

Addendum No. 01 is being issued to answer questions received pertaining to the project , to provide current wage information, and to provide an additional form to be included in bid submittal . This addendum becomes part of the Contract Documents for the above project and must be signed and submitted with the Bid.

ITEM 1: QUESTIONS/RESPONSES

Q1. Do you have an approximate work start date?
R1. Ideally the contract will have a start date of November 1, 2023.

Q2. Who is the current contractor?
R2. Quality Landscape Construction holds the current contract.

Q3. What is the current monthly base amount?
R3. The current month to month contract includes a monthly base amount of $1,183.63 (includes 6,333 sq ft for turf and 42,985 sq ft for planter totaling 49,318 sq ft)

Q4. Does the City intend to award the project in its entirety to a single contractor? R4. The contract will be awarded in its entirety to a single contractor.

Q5. Can you provide a copy of the current contract?
R5. Please see attached.

ITEM 2: WAGE DETERMINATIONS

Wages were checked on 8/23/23 and there were no changes.

ITEM 3: ADDITIONAL FORM REQUIRED

Attached is an additional form (Disclosure Statement) that is required for all bids. Please complete the form and include it in your bid submissions.

City of Visalia, CA Purchasing Department
707 West Acequia, Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801 149
RFB 22-23-02
Annual Contract for Landscape Maintenance Services of Quadrant A Addendum No. 01

BIDDER ACKNOWLEDGMENT OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334

Bidder to sign and submit with Bid.

Firm: Date:

By:

Signature

150
RFB 22-23-02
Annual Contract for Landscape Maintenance Services of Quadrant A Addendum No. 01

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RFB 22-23-02
Annual Contract for Landscape Maintenance Services of Quadrant A Addendum No. 01

DISCLOSURE STATEMENT
(Submit With Bid)

The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE

_________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company

_________________________________________________________________ Address

List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also known as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 w ithin the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party t o be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract?

YES:_____ NO:_____ If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)

______________________________ ________________________

Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any a ctions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form. _________________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company

__________________________________________ __________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual 152
Lowery West Phase 1B
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1.419 Acres 61,799 Total Sq. Ft.

Area Description Turf Sq Ft Planter Sq. Ft.

Wild Horse Ranch #1 & 2 6,333 15,881 Lowery West Phase 1A 14,623
Lowery West Phase 2 12,481
Lowery West Phase 1B 12,481
Totals 6,333 55,466
61,799

LANDSCAPE MAINTENANCE OF QUADRANT A
Total Square Footage to be maintained:

RFB-22-23-02
EXHIBIT D-1
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0355 Agenda Date: 9/18/2023 Agenda #: 8.

Agenda Item Wording:

Authorize the City Manager to execute a Measure R Supplemental Agreement with the Tulare County Transportation Authority (TCTA), and appropriate $3,000,000 from the Measure R Regional Fund (133) and $3,075,000 from the Transportation Impact Fee Fund (241) in order to fund the Riggin Avenue Widening from Roeben to Akers Project.

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 is recommending that City Council authorize the City Manager to execute a Measure R Supplemental agreement with the Tulare County Transportation Authority (TCTA), and appropriate $3,000,000 from the Measure R Regional Fund (133) and $3,075,000 from the Transportation Impact Fee Fund (241) in order to fund the Riggin Avenue Widening from Roeben to Akers Project.

Background Discussion:

In accordance with City Council discussions and priority of the widening of the corridors that comprise the conceptual “Ring-Roads”,this item introduces a funding opportunity that will further Council’sgoals and create a new CIP segment for Riggin Avenue; Roeben to Akers. The Ring-Road corridors include Riggin Avenue, Shirk Street, Visalia Parkway, and the future Tower Street. This report focuses on the Riggin Avenue corridor and proceeding with the segment from Roeben to Akers, which is currently unfunded. Staff recommends a total appropriation of $6,075,000 to fund the widening and improvements along Riggin Avenue from Roeben to Akers. Fund sources for the appropriation consist of $3,000,000 from the Measure R Regional Fund (133) and $3,075,000 from the Transportation Impact Fee Fund (241).

The Measure R Expenditure Plan, passed by voters in November 2006, provides funding for Regional Projects and represents the largest expenditure component of the Tulare County ½ cent Transportation Sales Tax. The Tulare County Association of Governments (TCAG) is responsible for the administration of the Measure R Expenditure Plan and act as the Tulare County Transportation Authority (TCTA) to ensure compliance of the Measure R Program in accordance with the plans and programs outlined in the plan.

Regional projects provide benefits to multiple jurisdictions such as interchange improvements, regional widening projects, improvements to major commute corridors and other capacity increasing street and road projects. The Regional project list in the Plan earmarks funding in the amount of $14 Visalia City Council Printed on 9/15/2023Page 1 of 3
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File #: 23-0355 Agenda Date: 9/18/2023 Agenda #: 8.
street and road projects. The Regional project list in the Plan earmarks funding in the amount of $14 million for the widening of Riggin Avenue to four lands from Road 80 to State Route 63 (SR-63). In order to move forward with these Measure R Regional projects, City Council must approve a Supplemental Agreement that identifies the project and the amount of regional funds allocated towards that project. Council has previously approved a total of $7 million of Measure R Regional funds for the widening of Riggin Avenue on segments from Akers to Demaree, Mooney to Conyer and Kelsey to Shirk.

Riggin Avenue Widening Projects Status:
· Riggin Ave. - Akers St. to Demaree St.
o Design - Completed.
o Construction - Near completed (final punch list items). · Riggin Ave. - Kelsey St. to Shirk St.
o Currently in Design
o Construction - Anticipated start late second quarter of 2024. · Riggin Ave. - Mooney Blvd. St. to Conyer St.
o Design - Completed.
o Construction - Anticipated start in first quarter of 2024.

Riggin Avenue -Roeben St. to Akers St.

This project will increase vehicle capacity along Riggin Avenue by adding additional east/west lanes and to provide for an efficient flow of traffic in support of the increase in development within the surrounding area. Improvements to widen Riggn Avenue between Roeben St. to Akers St. from a two -lane road to a four-lane divided road will include curb and gutter, median, median street lighting, median landscape and irrigation, storm drainage, utility pole relocations, signalization of Roeben and Riggin intersection, and interconnect conduit.

The total project cost for this segment of Riggin Avenue is currently estimated to be $6,075,000.

Measure R Regional funds are recommended to supplement the funding needed for this project as the TIF Fund can only be used for certain improvements such as the travel lanes and medians.

Although an exact project schedule for this segment has yet to be determined, Staff is attempting to have this project be coupled with the city CIP Riggin (Kelsay to Shirk) segment and the Carlton Acres development project in order to have the Southern California Edison (SCE) transmission poles running through out all three projects relocated at one time under one SCE project. Assuming that occurs, then the roadway project is expected to be combined with the Kelsay to Shirk City project and start as soon as mid-2024. If that does not happen due to timing resulting from the funding, Staff will have this project started by the end of 2024 in order to meet the deadlines with development to north and the SCE pole relocation which is anticipated to be open late 2025.

Fiscal Impact:

Below is a summary of the project budget for the Riggin Avenue Widening from Akers St. to Roeben St. project to include the recommended appropriation of funds. A draft copy of the Measure R Supplement Agreement is attached (Attachment A) which reflects the funding amounts and estimated project costs shown below.

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Riggin Avenue Widening from Roeben St. to Akers St.

Project Funding Sources:

Measure R Regional Fund (133) Appropriation Request$3,000,000 Transportation Impact Fee Fund (241) $3,075,000
Total Project Funding (Total Appropriation Request)$6,075,000 Estimated Project Costs:

Design estimate $690,000
Right of Way estimate $334,000
Construction estimate $5,051,000
Total Estimated Project Costs: $6,075,000
Any funds remaining from the TIF Fund will be returned to the fund.

Prior Council Action: None.

Alternatives: Not authorize the appropriation of funds to the project specified in this report.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute a Measure R Supplemental agreement with the Tulare County Transportation Authority (TCTA), and appropriate $3,000,000 from the Measure R Regional Fund (133) and $3,075,000 from the Transportation Impact Fee Fund (241), for the Riggin Avenue Widening from Akers to Roeben Project
Environmental Assessment Status: Not applicable.

CEQA Review: To be completed prior to construction.

Attachments:

A. Draft Supplement Agreement for Riggin Avenue: Roeben to Akers.

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CIP TBD

MEASURE R PROGRAM SUPPLEMENT

TO COOPERATIVE AGREEMENT
TCAG Supplemental #

This Program Supplement is made and entered into on

, 2023 by and between
the City of Visalia ("Sponsor") and the TULARE COUNTY ASSOCIATION OF GOVERNMENTS, acting as the Local Transportation Authority ("Authority").

This Program Supplement hereby incorporates the “Measure R Cooperative Agreement” for Measure R Expenditures which was entered into between the Sponsor and the Authority on June 4, 2007 and is subject to all terms and conditions thereof. This Program Supplement is executed under authority designated to the City Manager by a vote of the City Council on September 18, 2023.

Project Scope, Costs, and Schedule are incorporated herein as Attachment “A” and agreed upon by Sponsor and Authority for project:

Riggin Avenue Widening from Roeben to Akers

Covenants of Sponsor

1.1. By entering into this Program Supplement, SPONSOR agrees that it will only proceed with work authorized for specific phases(s) with a written “Authorization to Proceed” or Authority action and will not proceed with future phase(s) of this project(s) prior to receiving a written “Authorization to Proceed” or other Authority approval.

1.2. The SPONSOR will advertise, award, and administer the project(s) in accordance with SPONSOR standards.

1.3. Contract award information shall be submitted by the SPONSOR to the AUTHORITY within 60 days after the project contract award.

1.4. Failure to submit award information in accordance with section 1.3 will cause a delay (without interest or penalties) in AUTHORITY processing invoices for the construction phase.

1.5. If no costs have been invoiced for a six-month period, SPONSOR agrees to submit for each phase a written explanation of the absence of project(s) activity along with target billing date and target billing amount.

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

TULARE COUNTY TRANSPORTATION AUTHORITY
ATTEST BY:

By:

Authority Director Fiscal Manager
CITY OF VISALIA ATTEST BY:

By:

City Manager Chief Deputy City Clerk
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CIP TBD
Attachment “A”

Project Scope

Riggin Avenue Widening from Roeben to Akers
Improvements to widen Riggin Avenue between Roeben to Akers from a two lane road to a four lane divided road and will generally include curb and gutter, medians, median street lighting, median landscape and irrigation, installation of a drainage swale, signalization of Riggin at Roeben, and interconnect conduit.

Estimated Project Cost

Design, right-of-way & construction ….………........ $6,075,000 Total Project Estimate..………………………….…6,075,000

Measure R Regional ……………………………….….$3,000,000
City local funds ………………………………….…....$3,075,000
Total Project Funding………………………….….$6,075,000

Implementation

Measure R Regional funds in the amount of $3,000,000 and $3,075,000 of local funds will be used for design, right-of way acquisition, and construction of this project to widen Riggin Avenue from Roeben to Akers.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0347 Agenda Date: 9/18/2023 Agenda #: 1.

Agenda Item Wording:

Consider property owner request to revoke the approved Oak Tree Removal Permit #23-19 to remove a Valley Oak tree located at APN: 000-015-509 based on the City’s Arborist’s Tree Risk Assessment and applying the assessment/evaluation to the removal standards outlined in the City of Visalia’s Oak Tree Ordinance No.

12.24.035.

Deadline for Action: 9/18/2023
Submitting Department: Community Services
Contact Name and Phone Number: Alvin Dias, Parks and Facilities Manager 713-4564, [email protected] <mailto:[email protected]> Department Recommendation:

It is the Community Services Department’s recommendation that the City Council deny the appeal and approve Oak Tree Removal Permit #23-19 for the removal of the 24-inch DBH (diameter at breast height) Valley Oak tree located at APN: 000-015-509, Visalia CA, upholding the Department’s written recommendations of approval dated May 15, 2023.

Background Discussion:

The City received an appeal for the approved Oak Tree Removal Permit No. 23-19 on May 23, 2023. An appeal hearing was conducted at the June 19, 2023, Council meeting. During the public hearing, a request was made from the appellant David C. Wendt) to extend the decision of the appeal ninety (90) days to allow both parties to negotiate a settlement. The request was granted and both parties agreed to the extension. On August 29, 2023, Community Development Director, Paul Berna,l received an email from the Oak tree removal applicant (San Joaquin Valley Homes) requesting the appeal be placed back on the City Council agenda for review after both parties couldn’t negotiate a resolution within the ninety (90) day extension.

The application for the removal of a Valley Oak tree located at APN 000-015-509 (see attached Oak Tree Removal Application) was previously presented to City Council during a public hearing at the June 19, 2023, meeting. The request for the removal of two Valley Oak trees states the trees will be removed for the construction of a new block retaining wall, installation of public utilities, and street construction for the Sequoia Bend residential subdivision. A site inspection conducted by Community Services Department staff determined that the tree under appeal is located near the southeast corner of parcel APN: 000-015-509. The tree is near the property line and growing into the chain link fence.

Tree Inspection Findings: The Valley Oak tree is a 24-inch in Ddameter at breast height (DBH) and is about 45 -feet in height and 25-feet in canopy spread. The Valley Oak tree appears to have never been pruned or maintained. The Valley Oak tree’s roots, root collar, and trunk appear to be healthy, but are encroaching directly in the area of future public utilities and local street. The Valley Oak trees crown appears to be healthy with normal growth with limbs overhanging into both properties.

Based on staff’ssite inspection of the Valley Oak tree, the tree growing into the chain link fence and the Valley Oak trees location that precludes the construction of a new block retaining wall, installation of public utilities, Visalia City Council Printed on 9/15/2023Page 1 of 3
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Oak trees location that precludes the construction of a new block retaining wall, installation of public utilities, and future street construction for the Sequoia Bend residential subdivision, staff issued the permit thereby permitting the removal of the Valley Oak tree.

As a result of issuing the Valley Oak tree removal permit, on May 23, 2023, the City Clerk received an email and letter from Gonzalo Landaverde, an attorney with Williams, Brodersen, Pritchett, Burke, and Ruiz LLP representing Mr. David C. Wendt appealing the removal of the Valley Oak tree. Per the attached appeal letter, Mr. Landaverde states the Valley Oak tree was improperly noticed with the Intent to Remove posting and that the Appellants were not provided documentation regarding the City of Visalia’sapproval of the tree removal application (see attached letter dated May 23, 2023).

Removal Standards for Valley Oak Trees:

The removal of Valley Oak trees is clearly defined in Chapter 12.24 Oak Tree Preservation ordinance. Under Sections 12.24.030 and 12.24.035, the City Manager or their designee, may issue the approval of the permit if substantial evidence supports one of the findings as outlined in this section. As defined in Section 12.24.035 (Removal Standards), “No removal permit shall be granted pursuant to section 12.24.030 of this Chapter unless the city manager determines that substantial evidence supports one of the following four findings.”The four findings as defined in Section 12.24.035 are provided in the attached Oak Tree Ordinance.

The findings to support the removal of the Valley Oak tree is based on Section 12.24.035.C.2 and

12.24.035.C.3, which states:

C. Urban forestry or land management practices warrant removal of the oak tree. An oak tree may be removed based on urban forestry or land management practices if one of the following conditions exist:

2. Removal of the oak tree will not be detrimental to the general public because the number, species, size, and location of existing trees in the area offset the removal of the oak tree, and the removal will not have an adverse effect on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the city as a whole.

3. Removal of the oak tree is consistent with good urban forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.

Though several findings within Section 12.24.035 could be used to approve the removal of the Valley Oak tree, such as 12.24.035.B.2 - The necessity of the removal of the oak tree for new construction or expansion of existing improvements. Staff determined that the findings under Section 12.24.035.C.2 and 12.24.035.C.3 are met, and Oak Tree Removal Permit No. 23-19 can be issued. The basis for this is due to the number of Valley Oak trees present in the area along Mill Creek, and that the applicant will be installing several Valley Oak trees as part of the development’slandscaping along Mill Creek to mitigate the loss of the Valley Oak tree to be removed per the request. (Please see attached Oak Tree Mitigation Policy) Based on the information contained in the report and the findings being met to issue the oak tree removal permit, staff recommends the City Council deny the appeal.

Fiscal Impact:

N/A
Prior Council Action:

An appeal hearing on the approved Oak Tree Removal Permit #23-19 was conducted at the June 19, 2023, Council meeting. During the public hearing Council granted the request by the appellant on a 90-day extension to allow negotiations on a settlement.

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Other: N/A
Alternatives: Approve the appeal by Mr. Wendt to deny Valley Oak Tree Removal Permit #23-19 of the Valley Oak tree at APN 000-015-509.

Recommended Motion (and Alternative Motions if expected):

I move to deny the appeal and approve Valley Oak Tree Removal Permit #23-19 to remove the Valley Oak tree located at APN: 000-015-509 based on the City’s Arborist’s Tree Risk Assessment and applying the assessment/evaluation to the removal standards as outlined in the City of Visalia’s Oak Tree Ordinance Sections 12.24.035.C.2 and 12.24.035. C.3.

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

Copy of the Valley Oak Tree Removal Permit #23-19


Oak Tree Ordinance


Oak Tree Removal Application


Letter from Mr. Ladaverde attorney at law


Site Map


Posting Photos


Oak Tree Removal #23-19 PP


Oak Tree Mitigation Policy

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Chapter 12.24

OAK TREE PRESERVATION
Sections:

Article 1. Purpose and Definitions

12.24.010 Purpose.

12.24.020 Definitions.

Article 2. Destruction Prohibition - Removal Permit Requirements

12.24.025 Willful destruction of oak trees prohibited.

12.24.030 Oak tree removal permit required.

12.24.035 Removal standards.

12.24.037 Mitigation requirements.

12.24.040 Notice of action and appeals.

12.24.050 Emergencies.

Article 3. Pruning Standards and Requirements

12.24.060 Pruning notice required.

12.24.070 I.S.A. pruning standards.

12.24.080 Copies of standards on file.

12.24.090 Enforcement.

12.24.100 Public assistance for property owners.

12.24.110 Oak maintenance fund.

Article 4.

Development Proposals; Protection of Oak Trees

12.24.120 Encroachment into drip-line of oak trees during construction.

12.24.130 Building permits.

12.24.140 Willful destruction of oak trees.

12.24.150 City projects.

Article 5. Enforcement

12.24.155 Enforcement.

12.24.160 Nuisances.

12.24.170 Abatement.

12.24.180 Notice of hearing to abate.

12.24.190 Form of proper service of notice.

12.24.200 Hearing by city council.

12.24.210 Service on owner of resolution to abate.

12.24.220 Record of cost for abatement.

12.24.230 Hearing and proceedings.

12.24.240 Assignment of costs against property--Lien.

12.24.250 Authority.

12.24.260 Penalties.

12.24.270 Severability.

Article 1.

Purpose and Definitions

12.24.010 Purpose.
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A. In order to promote the public health, safety and general welfare, to enhance the beauty of Visalia and to complement and strengthen zoning, subdivision and land use standards and regulations, while at the same time recognizing individual rights to develop private property, the city council finds it necessary to establish basic standards, measures and compliance requirements for the preservation and protection of native Valley oak trees and landmark trees.

B. The provisions of this chapter are enacted to:

1. Enhance natural scenic beauty;

2. Assist in the overall goal of preservation, maintenance and regeneration of a healthy urban forest and tree cover;

3. Promote the conservation of energy resources and regulation of temperature through the provision of shade, evaporative cooling and wind break provided by trees;

4. Improve the quality of air, water, and soil resources;

5. Sustain and enhance property values;

6. Promote the well-being of the community;

7. Provide for recreational settings, wildlife habitat, and ecological balance;

8. Provide for safety through responsible and safe standards for the trimming and/or removal of oak trees;

9. Promote Visalia's unique identity.
(Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)

12.24.020 Definitions.

As used in this chapter, the following terms are defined in this section:
“City Manager” means the city manager of the city or his or here designated representative. "Crown-drip-line" means the outer perimeter of an oak tree's canopy. "Oak tree" means Valley Oak Tree (Quercus lobata). "Oak tree" may also mean a "landmark tree." "Landmark tree" means any native or non-native tree recognized by city council resolution for its age, size, location, outstanding habitat value, superior beauty, historical, and/or cultural significance. "Person" means individuals, associations, corporations, public agencies, joint ventures, partnerships, independent contractors, and other agents and employees.
"Pruning standards" means those pruning standards established by the Western Chapter of the International Society of Arboriculture dated 1995, as revised by the Society from time to time, and as amended by this chapter. (Ord. 2021-03 § 2, 2021; Ord. 2007-02 § 2 (part), 2007; Ord. 2003-07 § 1, 2003; Ord. 9907 § 2 (part), 1999) Article 2.

Destruction Prohibition - Removal Permit Requirements

12.24.025 Willful destruction of oak trees prohibited.

It is unlawful for any person to willfully remove, destroy, damage, mutilate, poison, or attempt to kill an oak tree in the city, except as may be allowed pursuant to a removal permit as provided for in Section

12.24.030 of this Chapter, or as
designated in a notice to prune an oak tree that satisfies of Article 3 of this Chapter.

As used in this section, the term
"damage" shall include the pruning of an oak tree in a manner that is inconsistent with the pruning standards as established by section

12.24.070.
(Ord. 2007-02 § 2 (part), 2007)

12.24.030 Oak tree removal permit required.

A. Any person desiring to destroy or remove an oak tree with a trunk diameter of eighteen (18) inches or greater at a point 4.5 feet above the root crown (also referred to as "18 inches Diameter Breast Height (D.B.H.)") on private or public property must first apply for and obtain a removal permit. Such application shall be in writing to the city clerk, who shall
forward such application to the city manager of the city or their designee. The application shall contain the number, size and location of the oak trees and a brief statement of the reason of the requested action.

B.

Within five calendar days of receipt of such application, the city manager or their designee shall post a notice on the subject tree, in a manner reasonably intended to inform the general public, stating that an application for removal of the tree has been filed and is pending with the city manager or their designee.

Within fourteen calendar days of receipt of such
application, the city manager or their designee shall inspect the premises whereon such oak trees are located, and shall issue an intended decision in writing as to whether or not the application will be approved, and if so, what mitigation shall be required as a condition to approval, consistent with Section

12.24.035 below; provided, however, that failure to render an intended decision within such period shall not be deemed approval.

C. The city manager or their designee shall not grant a removal permit unless one of three findings enumerated in Section

12.24.035 can be made based on substantial evidence and, where necessary, expert advice of a certified arborist.

The
applicant may submit his or her own supporting material, including a report of an independent certified arborist, for consideration by the city manager.

However, the city manager or their designee shall retain the discretion for determining 171
the weight and value to be given to such independent reports.

D. Upon determination that one of the three findings enumerated in Section

12.24.035 can be met and a removal permit
may be granted, the city manager or their designee shall establish mitigation requirements in a manner consistent with the policy to be developed and implemented pursuant to Section

12.24.037. No mitigation shall be required for oak trees removed pursuant to subsections A. or C. of section

12.24.035, unless the city manager or their designee determines that the applicant's negligence or willful conduct contributed to the decline of the health of the oak tree.

The mitigation
requirements established by the city manager or their designee shall attach to the permit as conditions, and shall be enforceable as a lien against the applicant's real property.

In no event shall the availability of mitigation measures, or the willingness of the applicant to agree to such measures, be a factor in determining whether removal of the tree is warranted. (Ord. 2021- 03 § 2, 2021; Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)

12.24.035 Removal standards.

No removal permit shall be granted pursuant to section

12.24.030 of this Chapter unless the city manager determines that substantial evidence supports one of the following three findings:

A. The general health of the oak tree warrants removal.

A removal permit may be granted based on the health of the tree only if one of the following tests can be satisfied:

1. The oak tree is in danger of falling or is deemed to be structurally unsound, according to generally accepted arboricultural standards, and is in proximity to existing or proposed structures; or

2. The oak tree is a host for plant, pest, or disease endangering other species of trees or plants with infection or infestations.

3. Protection of pre-existing improvements that have been interfered with by the oak tree, or otherwise allow the reasonable enjoyment of private property.

4. The oak tree is causing damage to a dwelling, building or structure, including foundational support for same, and/or damaging the essential utilities servicing the dwelling, building or structure. A professional evaluation by a certified arborist, licensed plumber, landscape architect or structural engineer detailing the damage being caused shall be required as part of the application for removal permit identified in Section

12.24.030.

B. Removal of the oak tree is necessary to allow construction of new improvements or the repair or protection of pre- existing improvements that have been interfered with by the oak tree, or otherwise allow the reasonable enjoyment of private property.

The city manager shall apply the following factors in determining the necessity of removal of an oak tree for purposes of this subsection:

1. The size and age of the oak tree to be removed, and its historic, aesthetic or cultural value; a larger, older and more historically, aesthetically, or culturally valuable tree may be removed only if each of the other factors weigh heavily in favor of removal.

2. The necessity of the removal of the oak tree for new construction or expansion of existing improvements.

3. The lack of any reasonable alternative to the proposed improvement that does not require removal of the oak tree.

The availability of funds from the Oak Tree Maintenance Fund to assist the property owner in repairing or reconfiguring improvements in a manner to save an oak tree should be taken into account in determining whether reasonable alternatives to removal exist such that a permit on this grounds should not be granted.

C. Urban forestry or land management practices warrant removal of the oak tree.

An oak tree may be removed based on
urban forestry or land management practices if one of the following conditions exist:

1. Removal of the oak tree will substantially benefit the topography of the land and the soil retention, water retention, and diversion or increased flow of surface waters.

2. Removal of the oak tree will not be detrimental to the general public because the number, species, size, and location of existing trees in the area offset the removal of the oak tree, and the removal will not have an adverse effect on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the city as a whole.

3. Removal of the oak tree is consistent with good urban forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.

4. The property owner proposing to remove the tree can establish by adequate proof that the subject tree did not exist prior to the current owner's purchase of the property; this provision shall only apply to trees with a DBH of six (6) inches or less.
(Ord. 2021-03 § 2, 2021; Ord. 2007-02 § 2 (part), 2007)

12.24.037
Mitigation requirements.

In recognition and furtherance of the purposes of this Chapter, as enumerated in Section

12.24.010, it is the policy of the
City of Visalia that property owners who are granted a permit to remove an oak tree pursuant to Subparagraph B. of section

12.24.035 offset the loss of the oak tree by either replacing the oak tree removed with new oak trees on the same property 172
(in-kind mitigation) or by paying mitigation fees intended to be used for the establishment of new oak trees on other property or on public property for the benefit of the general public (in-lieu mitigation).

In furtherance of this policy, the city manager
shall develop an Oak Tree Mitigation Policy establishing in-kind and in-lieu mitigation measures to be required for oak tree removals.

The Oak Tree Mitigation Policy, and any subsequent amendment thereto, shall be submitted to the city council for approval by resolution.
(Ord. 2007-02 § 2 (part), 2007)

12.24.040 Notice of action and appeals.

A. Notice of the city manager’s
intended decision on a permit application submitted pursuant to section

12.24.030 shall be
given by personal delivery or first class mail to the applicant and to any person filing a written request with the city manager
for notice of all permit approvals under this ordinance.

Further, notice of the intended decision shall be posted on the subject tree in a manner reasonably intend to inform the general public of the decision, and the right to appeal.

B. Any person aggrieved or affected by the city manager’s intended decision, or any member of the city council, may appeal the intended decision to the city council by filing a written notice of appeal with the city clerk within ten business days, excluding weekends and holidays, after the delivery or mailing of the notice. Any such notice of appeal shall be accompanied by an appeal fee in the amount specified by the city council.

C. If no appeal is filed within such time, the city manager shall promptly implement the intended decision by denying or issuing the permit, with or without conditions. An appeal automatically stay execution of the implementation of the intended decision until the appeal has been considered and decided by the city council. (A member of the city council shall be exempt from the requirement of an appeal fee).

D. The city clerk shall place all such appeals on the agenda of the next regular council meeting and shall give notice to the applicant and/or appellant. The city council shall consider and decide all issues raised in the appeal, and the decision of the council shall be final. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)

12.24.050 Emergencies.

A. In the case of emergency caused by the dangerous condition of an oak tree requiring immediate action for the protection of life or property, a tree may be cut down in whole or in part on the order of the city manager or any on-duty public works or public safety personnel.

B. Public utilities subject to the jurisdiction of the Public Utilities Commission of the state of California may also take such action as may be necessary to maintain a safe operation for their facilities. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
Article 3.

Pruning Standards and Requirements

12.24.060 Pruning notice required
A. Except in cases of emergencies as described in Section

12.24.050, no person shall prune or cause to be pruned any oak tree with a trunk diameter of ten (10) inches or greater at a point 4.5 feet above the root crown (also referred to as "10 inches Diameter Breast Height (D.B.H.)") within the city without first submitting a completed oak tree intent to prune notice with the city manager, as provided herein.

B. The notice shall be delivered to the city manager prior to the start of the work to be performed.

C. The notice shall be in a form as provided by the city manager and shall include the following information:

1. The name, address and telephone number of the property owner.

2. The name, address and telephone number of the person(s) intending to prune the tree.

3. The date(s) of the pruning.

4. A description of the tree(s) to be pruned including the approximate size and location of the tree with sufficient specificity to enable the city manager to precisely locate and identify the subject tree(s).

5. If the work is to be performed in any public right-of-way, proof of insurance coverage for general liability, property damage, and workers' compensation in case of injury or damage to person or property.

6. Proof of the possession of a valid city business license.

D. A copy of the notice must be in the possession of the person pruning the oak tree at all times during the course of the work being performed.
(Ord. 2021-03 § 2, 2021; Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)

12.24.070 I.S.A. pruning standards.

That certain document known and designated as ANSI A300 Pruning Standards and the International Society of Arboriculture Best Management Practices for Tree Pruning, as amended from time to time, is adopted by the council of the city as the standards for pruning trees located within the city to all intents and purposes and to the same effect as if each and every section, paragraph, sub-paragraph, word, phase, clause or illustration contained therein were fully set forth herein 173
except for the deletion of any provisions as provided for in the chapter. A copy of such standards shall be on file with the city clerk and shall be available for purchase in the office of the city clerk. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)

12.24.080 Copies of standards on file.

Reference is made to three copies of said standards filed in the office of the city clerk of the city which are now so filed for full particulars of said pruning standards. (Ord. 9907 § 2 (part), 1999)

12.24.090 Enforcement.

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the director in his or her capacity as enforcement officer. In the enforcement of this chapter such enforcement officer and his or her deputies may enter upon private or public property to examine any oak tree, and may issue citations for any violations of this chapter. (Ord. 9907 § 2 (part), 1999)

12.24.100 Public assistance for property owners.

A. If the city manager determines that a property owner, who has submitted a notice of intent to prune or remove an oak tree, cannot properly prune or remove his or her oak tree without the assistance of a professional tree trimmer, and that said property owner cannot afford to hire a professional tree trimmer because he or she does not have the financial resources to pay for such services, the city manager may provide financial assistance to said property owner for the purpose of pruning or removal of the tree or trees, if all the following conditions are met and funds are available:

1. The property owner uses the property where the tree(s) is located as his or her principal place of residence;

2. The aggregate gross income of all persons eighteen (18) years of age or older residing on the property does not exceed the minimum amount as may be set from time to time, by resolution of the city council, pursuant to this subdivision; and

3. The city manager determines that it is necessary to prune or remove the tree to remove hazardous conditions, remove disease, rot, pests, other harmful conditions, or promote healthy growth of the tree(s).

B. Such financial assistance may include, but not be limited to, low interest loans, work done by the city with the cost borne in part or in whole by the property owner, work done by the city with the cost borne by the city to be repaid by the property owner upon such terms as the city and property owner shall agree, or any combination thereof. (Ord. 2021-03 § 2, 2021; Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)

12.24.110 Oak maintenance fund.

For purposes of providing such financial assistance as described in Section

12.24.100, and for accomplishing the oak tree
mitigation goals as described in the Oak Tree Mitigation Policy developed pursuant to Section

12.24.037, it is established
the "oak maintenance fund" which shall be funded either in part or in whole by those portions of fines which may be assessed by the courts, or through the administrative penalty process, known as "civil penalty assessments" for violations of this chapter, and by mitigation fee payments ordered pursuant to the Oak Tree Mitigation Policy established pursuant to Section

12.24.037.

The Oak Tree Maintenance Fund shall be managed as described in the Oak Tree Mitigation Policy. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 §2 (part), 1999)
Article 4.

Development proposals; protection of oak trees

12.24.120 Encroachment into drip-line of oak trees during construction.

A. With respect to any application for a building or development permit, all encroachment by permanent structures into the crown drip-line of a Valley Oak is prohibited unless approved by the City Manager or his/her designee.

If encroachment
into the crown drip line is approved, the city shall require special construction techniques to be employed, as determined by the city manager.

B. The existing ground surface within crown-drip-line (measured horizontally) of the trunk of any oak tree shall not be cut, filled, compacted or paved without the consent of the city manager. Tree wells may be used when advisable. Excavation adjacent to any oak tree shall not be permitted where material damage to the root system will result.

C. The city council shall, by resolution adopt guidelines for commercial, industrial, and residential development and construction on property within the city, and city-initiated projects, where any oak tree is located. Such guidelines adopted pursuant to this subsection shall be made a part of this subsection and shall be enforced as hereinafter set forth. (Ord. 2007-
02 § 2 (part), 2007; Ord. 2003-07 § 2, 2003; Res. 2003-61 (part), 2003; Ord. 9907 § 2 (part), 1999)

12.24.130 Building permits.

A. When any building permit, grading permit, or development permit is applied for pursuant to the city code and a proposed structure or construction project would require the destruction, removal, or pruning of an oak tree, or encroachment into the crown-drip-line of an oak tree, said permit shall not issue until the city manager has confirmed that all requirements of this chapter, including the obtaining of a removal or pruning permit or the imposition of encroachment conditions, can be met
In no event shall any disturbance of the premises, disturbance of the oak trees, or encroachment into 174
the crow-drip-line be allowed until all requirements of the chapter are met and a building permit with appropriate conditions and oak tree removal permit are issued.

The issuance of a building permit notwithstanding this section shall in no event serve as a defense to a violation of any provision of this Chapter.

B. In the event a permit to destroy or remove an oak tree is issued in order to enable the applicant to carry out some project of development or improvement of the property, such permit shall be valid and effective only in connection with the actual accomplishment of such project.

C. In the event conditions related to removal or pruning of oak trees, or encroachment into the crown-drip-line, are attached to a building, grading or development permit, a minimum $10,000 deposit (or amount deemed necessary by the city manager) shall be posted and maintained to ensure compliance with such conditions.

The deposit shall be posted in a form
approved by the City Attorney prior to any grading or movement of heavy equipment onto the site or issuance of any permits.

Each violation of any condition regarding tree preservation shall result in forfeiture of a portion or the entirety of the deposit, at the discretion of the city manger.

No deposit shall be required where the potential impacts to oak trees, and the required conditions to avoid such impacts, although present, are minimal. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2
(part), 1999)

12.24.140 Willful destruction of oak trees.

It is unlawful for any person to willfully destroy, mutilate, poison, or attempt to kill an oak tree in the city. Exceptions to this section are to be found in Section

12.24.050 which provides for emergency destruction, removal, or pruning of an oak tree. (Ord. 9907 § 2 (part), 1999)

12.24.150 City projects.

City-initiated projects should comply with standards referred to in Section

12.24.120. (Ord. 2007-02 § 2 (part), 2007; Ord.
9907 § 2 (part), 1999)
Article 5.

Enforcement

12.24.155 Enforcement.

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the city manager in his or her capacity as enforcement officer. In the enforcement of this chapter such enforcement officer and his or her deputies may enter upon private or public property to examine any oak tree, and may issue citations for any violations of this chapter.
(Ord. 2007-02 §
2 (part), 2007)

12.24.160 Nuisances.

A. It is declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in the city which has one or more oak trees located thereon to intentionally, negligently accidentally, or otherwise maintain said premises in such a manner so as to cause harm to and of said oak trees, by reason of any of the following conditions:

1. Water saturation or deprivation;

2. Nailing, screwing, stapling, bolting, or otherwise attaching boards, fences, signs, placards, posters, or other material which might cause injury to the oak tree;

3. Neglect in the pruning or trimming of overgrown, diseased, decaying, dead, or rotting limbs, branches and foliage.

B. In addition to enforcing provisions of this code that constitute a public nuisance through criminal citations, civil action or administrative enforcement, the city manager may enforce against and abate any and all nuisances declared pursuant to this section in a manner consistent with applicable provisions of the Visalia Municipal Code pertaining to the procedure for abatement of nuisances, or absent such provisions, in a manner consistent with the laws of the State of California pertaining to abatement of nuisances. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)

12.24.170 Abatement.

All premises or oak trees declared to be such public nuisances and ordered to be abated may be abated by watering, conditioning the soil, constructing berms, pruning or trimming, or removing offending materials affixed to the tree which might cause injury to said tree, pursuant to the procedures set forth in this code. (Ord. 9907 § 2 (part), 1999)

12.24.180 Notice of hearing to abate.

A. Within thirty (30) days of the passage of said resolution, the city clerk shall cause to be conspicuously posted on the premises, where the oak tree(s) are located, a certified copy of the resolution of the city council, which said notices shall be titled: "NOTICE OF HEARING" in letters of not less than one inch in height and shall be substantially in the following form:

NOTICE OF HEARING

TO ABATE NUISANCE
Notice is hereby given that on the

day of

,

, the City Council of the City of Visalia passed a resolution declaring that certain Oak Tree(s) located or standing upon that certain lot, piece or parcel of land, situated in the City of Visalia, State 175
of California, known and designated as, in said City, and more particularly described as Lot No., Tract No., or name of subdivision in said City, constitutes a public nuisance and must be abated by the rehabilitation of such premises by the watering, pruning, trimming, or other methods; otherwise said nuisance will be abated by the municipal authorities of the City, in which case the cost of such rehabilitation, watering, pruning or trimming will be assessed upon the land on which said Oak Tree(s) is or are located and such cost will constitute a lien upon such land until paid. (Reference is hereby made to said resolution for further particulars.)
B. The city clerk shall cause to be served upon the owner of each of the oak tree(s) declared to be a public nuisance and sought to be rehabilitated by watering, pruning or trimming one copy of said notice and a certified copy of the resolution of the city council, in accordance with these provisions.

C. Said notices and resolutions must be posted and served as aforesaid, at least thirty (30) days before the time fixed for the hearing before the city council and proof of posting and service of such notices and resolutions shall be made by affidavit which shall be filed with the city council. (Ord. 9907 § 2 (part), 1999)

12.24.190 Form of proper service of notice.

Proper service of said notice and resolution shall be by personal service upon the person owning the property as such person's name and address appears on the last equalized assessment roll, if he is found within the city limits, or if he is not to be found within the city limits, by depositing a copy of said notice and resolution in the U.S. post office properly enclosed in a sealed envelope and with the posting thereon fully prepaid. Said mail shall be registered or certified and addressed to said owner at the last known address of said owner. The service is complete at the time of deposit. (Ord. 9907 § 2 (part), 1999)

12.24.200 Hearing by city council.

A. At the time stated in the notices, the city council shall hear and consider all objections or protests, shall receive testimony and other evidence from owners, witnesses and parties interested relative to such alleged public nuisance and as to rehabilitation of such premises by the watering, pruning or trimming, or by other abatement thereof, and may continue the hearing from time to time.

B. Upon the conclusion of said hearing, the city council shall allow or overrule any or all of said protests. If the city council finds that good and sufficient cause does exist why said premises should be rehabilitated, or oak tree(s) should be watered pruned, trimmed, or treated, the city council shall prepare and file a report of such findings with the city clerk.

C. Following said public hearing, the city council may by resolution order the director to abate said nuisance, after a period of thirty (30) days, by having the oak tree(s) watered, pruned, trimmed, treated, or the nuisance otherwise abated, and the director and his or her authorized representatives are hereby expressly authorized to enter upon private property for that purpose. (Ord. 9907 § 2 (part), 1999)

12.24.210 Service on owner of resolution to abate.

A copy of said resolution ordering the director to abate said nuisance shall be served upon the owner of said property in accordance with the provisions of this chapter and shall contain a detailed list of needed corrections. Any property owner shall have the right to have any such oak tree(s) watered, pruned, trimmed, treated, or the nuisance otherwise abated at his or her own expense, provided the same is completed prior to the expiration of the time set forth in said resolution. (Ord. 9907 § 2 (part), 1999)

12.24.220 Record of cost for abatement.

The director shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work has been done and shall render an itemized report in writing to the city council showing the cost of watering, pruning, trimming, or treating said oak tree(s), and incidental expenses, on each separate lot or parcel of land; provided, that before said report is submitted to the city council, a copy of the same shall be posted for at least five days upon the premises or property upon which such oak tree(s) are situated, or the nuisance committed, together with a notice of the time when said report shall be submitted to the city council for confirmation; and a copy of said report and notice shall be served upon the owner of said property, in accordance with the provisions of this chapter at least five days prior to submitting the same to the council; proof of said posting and service shall be made by affidavit and filed with city clerk. The term "incidental expenses" shall include, but not be limited to the expenses and costs of the city in the preparation of notices, specifications and contacts, and in inspecting the work, and the costs of printing and mailing required hereunder. (Ord. 9907 § 2 (part), 1999)

12.24.230 Hearing and proceedings.

At the date and time fixed for receiving and considering said report the city council shall hear and pass upon the report of the director, together with any objection or protests which may be raised by any of the owners of property liable to be assessed for the work of abating such nuisance any other interest persons. Thereupon, the city council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted, or as revised, corrected or modified, shall be confirmed; provided that said hearing or consideration may be continued from time to time. The decision of the city council on all protests and objections which may be made, shall be final and conclusive. (Ord. 9907 § 2 (part), 1999)
176

12.24.240 Assignment of costs against property--Lien.

The amount of the costs of abating such nuisance upon any lot or parcel of land, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land, and as thus keep a lien on said property for the amount of such assessment. After the confirmation of said report, a copy shall be turned over to the assessor and the tax collector of the county of Tulare, acting on behalf of the city, whereupon it shall be the duty of said assessor and tax collector to add the amounts of the respective assessments to the next regular bills of taxes levied against the said respective lots and parcels for land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as other municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for other municipal taxes. (Ord. 9907 § 2 (part), 1999)

12.24.250 Authority.

Any and all nuisances declared and abated hereunder shall be processed pursuant to the authority set forth in Sections 38771 et seq., of the Government Code of the state of California, in the manner described herein above. (Ord. 9907 § 2 (part), 1999)

12.24.260 Penalties.

A. Unless otherwise noted herein, a violation of any provision of this Chapter shall constitute a misdemeanor.

B. Any violation of any provision of Sections

12.24.060 and

12.24.070 shall be deemed an infraction and be punishable upon conviction as hereinafter set forth.

C. Any person convicted of a misdemeanor under this chapter shall be punished by a fine not to exceed one thousand dollars ($1,000.00) and/or six months in the county jail. Each day that a violation continues shall be regarded as a separate offense.

D. Any person convicted of an infraction of this chapter shall be punished by a fine not to exceed five hundred dollars ($500.00). Each day the violation continues shall be regarded as a new and separate offense.

E. Upon a person being convicted of any violation under this chapter, the court shall, in addition to, or in lieu of, the above penalties, or any other penalty provided and imposed under this chapter, order the defendant to pay a civil penalty assessment to the City of Visalia to be used in the manner described in the Oak Tree Maintenance Fund, as described in Section

12.24.110 herein, which Civil Penalty is designed as restitution to compensate the city and the community for the loss or diminution of economic, aesthetic, environmental, and property values resulting from the loss of any oak tree or portion thereof, and for the city's costs and attorney's fees in prosecuting the matter. In cases of un-permitted removal of an oak tree in violation of Section

12.24.025, such civil penalty shall be calculated by doubling the in-lieu mitigation amount as indicated in the Oak Tree Mitigation Policy implemented pursuant to Section

12.24.037, which would have been imposed for
the specific tree had a permit been obtained. In cases of purposeful damage to an oak tree in violation of Section

12.24.025,
the civil penalty imposed shall be calculated by multiplying one half times the in-lieu mitigation amount as indicated in the Oak Tree Mitigation Policy implemented pursuant to Section

12.24.037, which would have been imposed for the specific tree had a removal permit been obtained.

F. Any violation of any provision of this chapter may result in the immediate suspension of any permit previously issued for the construction and/or development of property upon which said violation occurred, until compliance with all mitigation measures required by this ordinance is demonstrated to the satisfaction of the city manager. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)

12.24.270 Severability.

A. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is held to be unconstitutional or invalid or ineffective by any court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter, or any part thereof.

B. If the application of any provision of this chapter or any person, property, or circumstance is found to be unconstitutional or invalid or ineffective in whole or in part by any court or tribunal of competent jurisdiction, the effect of such decision shall be limited to the person, property, or circumstance immediately involved in the controversy, and the application of any such provision to other persons, properties or circumstances shall not be affected. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
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Tree #1

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Community Services
Approved Oak Tree
Removal Permit #23-19
Appeal
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Site Map of Oak Tree Location
Oak Tree
Location
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Permit #23-19 Posting Pictures
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Questions?
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City of Visalia
Oak Tree Mitigation Policy

February 1, 2007

I. Authority and Adoption

This Oak Tree Mitigation Policy has been developed pursuant to Visalia Municipal Code sections 12.24.037 and 12.24.110. This Policy shall be approved by resolution of the City Council and shall become effective immediately upon such approval. A copy of the resolution approving this policy shall be attached hereto.

II. Mitigation

It is the policy of the City of Visa lia that property owners who are granted a permit to remove an oak tree be required to mitigate for the loss of the oak tree by paying a mitigation fee, or by performing in-kind mitigation, or by a combination of payment of mitigation fee and in-kind mitigation, according to the following formulas:

A. Mitigation Fee:

The mitigation fee to be paid shall be determined by the following formula
$120 multiplied times DBH
DBH = diameter, in inches, at breast height of the tree to be removed.

B. In Kind Mitigation:

The property owner may elect to satisfy some or all of the mitigation requirement by planting new oak trees on his or her property or on public property with the approval of the urban forestry division of the City. If in- kind mitigation is elected, the property owner must plant one new oak tree for every inch of DBH of the existing tree. It is anticipated that for larger trees it will not be feasible to satisfy all of the mitigation requirement through in-kind mitigation on the subject property because the property will not reasonably sustain the number of oak trees required. The City Manager, or designee, shall determine the amount of in-kind mitigation that is appropriate in any particular case. Each tree allowed to be planted as in-kind mitigation will reduce the mitigation fee that is payable by $120 per tree. Where a property owner elects to satisfy some or all of the mitigation requirement through in-kind mitigation, the property owner shall do so with the understanding that the property owner will be responsible for protecting the health of the replacement trees (including the obligation to provide irrigation), that purposeful damaging or neglect of the replacement trees will be subject to prosecution pursuant to the Visalia Municipal Code, and that any pruning or removal of the trees must be accomplished in compliance with the Visalia Municipal Code.

196
Note: The mitigation fee formula provided above is intended to represent the reasonable estimate of the cost to replace the tree with new trees on the basis of one new tree per inch of the existing tree’s diameter.

Example:

Property Owner A proposes to remove an oak tree with a DBH of 20 inches in order to accommodate a garage reconstruction. Citing the particular location of the tree, and the lack of any reasonable alternative to removal, the City Manager has determined that the tree may be removed. The owner proposes to mitigate by planting three replacement trees on the property and paying $2,040 in mitigation fees ($120 x 20 = $2,400, less $360 (or $120 x 3) to recognize the in-kind mitigation). The mitigation proposal is acceptable because the property can reasonably accommodate three replacement oak trees. The fee is appropriate because the three replacement trees have the result of reducing the mitigation fee by the equivalent of $120 per in-kind tree.

Mitigation is shall not be required for trees that are approved for removal pursuant to section Subsections (A) or (C) of Visalia Municipal Code section 12.24.035 (removal warranted because of the health of the tree or because removal furthers urban forestry or land management practices).

II. Oak Tree Maintenance Fund

A. This policy shall apply to the Oak Tree Maintenance Fund created by operation of ordinance, Visalia Municipal Code section 12.24.110.

B. Funds from the Oak Tree Maintenance Fund shall be expended only for the purposes enumerated below:

1. In support of planting oak trees on public and private property within the City of Visalia. Such expenditures may include the cost of purchasing and planting trees, and preparing the land for planting, including the cost of installing irrigation improvements. Any private property owner may apply to have an oak tree planted on his or her property at public expense, provided such expense does not exceed $120.

2. In support of the care and preservation of existing oak trees on public property, and on private property but only where the private property owner has demonstrated an inability to pay for such care and preservation.

3. To offset the expense to a private property owner in making improvements on private property that are necessary to create a reasonable alternative to removing an existing oak tree. It is intended that expenditures under this category only be made where, if not for the use of funds from the Oak Tree Mitigation Fund, there would be no reasonable alternative to removing the tree. It is not intended to be used where normal repairs to improvements to private property, though necessitated by the existence of an oak tree, constitute an ordinary and reasonable burden on the property owner.

Example 1:

Property Owner A has an oak tree that is lifting the
foundation of a garage. Requiring the property owner to reconstruct the garage at 197
his cost is not reasonable, and therefore a removal permit may be granted; however, with the contribution of $500 from the Oak Tree Maintenance Fund, the property owner agrees to reconstruct a portion of the garage and thereby save the tree. Because it would create a reasonable alternative to removing the tree, an expenditure from the Oak Tree Maintenance Fund is appropriate.

C. The Parks and Recreation Director shall prepare an annual report accounting for the balance in the Oak Tree Mitigation Fund and summarizing the use to which such fund was put during the preceding year.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0351 Agenda Date: 9/18/2023 Agenda #: 2.

Agenda Item Wording:

Public Hearing to modify improvements in Landscape and Lighting Assessment District No. 16-01 "Di Mello Toscana" and levy the annual assessments for Assessment District 16-01; APN: 077-720-002 (Resolution Nos. 2023-46 and 2023-47 required).

Deadline for Action: 9/18/2023
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that City Council authorizes the modifications of improvements in Landscape and Lighting Assessment District No. 16-01 "Di Mello Toscana" and levy the annual assessments for Assessment District 16-01 (Resolution Nos. 2023-46 and 2023-47 required). APN: 077-720-002 Background Discussion:

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

On August 21, 2023, City Council authorized staff to initiate the proceedings for modification of the Landscape and Lighting Assessment District No. 16-01 "Di Mello Toscana" (Resolution No. 2023-38). Pursuant to State code, the resolution was published in the Visalia Times Delta newspaper on September 6, 2023.

Modification of Improvements in Landscape and Lighting District No 16-01:

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

On April 18, 2016 City Council approved the formation of Landscape and Lighting District (LLD) No. 16-01 “Di Visalia City Council Printed on 9/15/2023Page 1 of 3
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File #: 23-0351 Agenda Date: 9/18/2023 Agenda #: 2.

On April 18, 2016 City Council approved the formation of Landscape and Lighting District (LLD) No. 16-01 “Di Mello Toscana”including 116 lots. The City would need permission from the individual owners in the existing district if the amendment of the existing district (i.e., LLD No. 16-01) would cause the per lot assessment in the Engineer’s report to increase, which is not occurring at this time. The current assessment rate per lot is $434.60 and will be decreased to $406.13 per lot with the district amendment.

Under paragraph (a) of the California Streets and Highways Code, Section 22626, notification of the attached resolutions pertaining to the Landscape and Lighting District No. 16-01 amendment has been published pursuant to the California Streets and Highways Code, Section 22552 and Section 22553. Under California Government Code, Section 6060 and 6061, the publication was published one time at least 10 days before this City Council meeting via the Visalia Times Delta newspaper.

Fiscal Impact:
116-lots will be contributing to the Landscape and Lighting Assessment District No. 16-01 created for maintenance of common features related to this subdivision. The new annual lot assessment will be $406.13 per lot, which is a decrease from the current assessment rate as noted above.

Prior Council Action:
· On August 21, 2023 Council authorized to initiate proceedings for the modification of the Landscape and Lighting Assessment District No. 16-01 “Di Mello Toscana” · December 16, 2019 Council approved the second amendment to Conditional Zoning Agreement 2005- 02, Conditional Zoning Agreement 2019-10
· On April, 18, 2016 approved for recordation the Final Map Di Mello Toscana and authorized the formation of Landscape and Lighting Assessment District 16-01 · On June 10, 1987 Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions
Other:
· On October 28, 2019 Planning Commission approved the Second Amendment to Conditional Zoning Agreement 2005-02
· On June 26, 2006 the Planning Commission approved the Tentative Subdivision Map 5516 “Di Mello Toscana”
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

I move to authorize the modifications of improvements in Landscape and Lighting Assessment District No. 16- 01 "Di Mello Toscana" and levying the annual assessments for Assessment District 16-01 (Resolution Nos. 2023-46 and 2023-47 required). APN: 077-720-002
Environmental Assessment Status: N/A
CEQA Review: This action is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that the proposed modifications would have a significant effect on the environment.

Visalia City Council Printed on 9/15/2023Page 2 of 3
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File #: 23-0351 Agenda Date: 9/18/2023 Agenda #: 2.

Attachments:
1) Resolution No 2023-46, authorizing the modifications of improvements in District No. 16-01, Di Mello Toscana, and Resolution No. 2023-47, ordering the levying of assessments for the assessment of District No. 16-01, Di Mello Toscana
Exhibit A - Amended Assessment Diagram
Exhibit B - Amended Landscape Location Diagram
Exhibit C - Tax roll Assessment
Exhibit D - Engineer’s Report
2) Resolution 2023-38 initiating the proceedings for Modification of Improvements in District 16-01 Di Mello Toscana
3) Aerial Map
4) Di Mello Toscana Final Map
5) CZA 2019-10 Plat
Visalia City Council Printed on 9/15/2023Page 3 of 3
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RESOLUTION NO. 2023-46

RESOLUTION AUTHORIZING THE MODIFICATIONS OF
IMPROVEMENTS IN DISTRICT 16-01 Di Mello Toscana
(Pursuant to Landscape and Lighting Act of 1972)

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council authorizes the modification of improvements in the assessment district pursuant to the Landscaping & Lighting act of 1972 (section 22500 and following, Streets & Highways Code) for the purpose of the following improvement modifications:

a. The Modifications will result in a removal of 11,202 square foot of landscape maintenance area and a reduction of 13 landscape trees from the existing district.

b. All other improvements in the assessment district shall remain unchanged.

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

3. The City Engineer of the City of Visalia is the designated engineer for the purpose of these proceedings. The Engineer will file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscape & Lighting Act of 1972 to describe the revised improvements, boundaries, and proposed assessment upon the assessable lots and parcels of land within District 16-01. This report will show the annual assessment will result in a decrease in assessment from $434.60 to $406.13 per lot.

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

5. Notice of hearing was provided pursuant to Streets & Highways Code section 22626.

PASSED AND ADOPTED: September 18, 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 2023-46 passed and adopted by the Council of the City of Visalia at a regular meeting held on September 18, 2023.

Dated: September 19, 2023 Leslie B. Caviglia, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk
202
CLERK’S CERTIFICATION TO COUNTY AUDITOR

ASSESSMENT DISTRICT NO. 16-01
Di Mello Toscana
(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. 16-01, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on September 18, 2023, by its Resolution No. 2023-47.

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

Dated: September 19, 2023 LESLIE B. CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk

203
RESOLUTION NO. 2023-47

RESOLUTION ODRDERING THE
ASSESSMENT OF DISTRICT NO. 16-01
Di Mello Toscana
(Pursuant to the Landscape & Lighting Act of 1972)

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council , on August 21 , 2023 adopted RESOLUTION NO. 2023 -38 Initiating Proceedings for Modification of Improvements in District No. 16-01 Di Mello Toscana, City of Visalia, Tulare County, California.

2. The City Council , on September 18 , 2023 adopted RESOLUTION NO. 2023 -47 Authorizing the Modification for Improvements in District No. 16-01 Di Mello Toscana, City of Visalia, Tulare County, California, and directed the preparation and filing of the Engineer’s Report on the proposed revisions.

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

4. Under paragraph (a) of the California Streets and Highways Code, Section 22626, notification of the Landscape and Lighting District No. 16 -01 the modification of improvements has been published pursuant to the California Streets and Highways Code, Section 22552 and Section 22553. Under California Government Code, section 6060 and 6061, the publication was published one time at least 10 days before this council meeting via Visalia Times Delta.

5. The modifications will result in a removal of 11,202 square foot of landscape maintenance area and a reduction of 13 landscape trees from the existing district.

6. The amendment to the Landscape and Lighting District No. 16-01 will result in a decrease in assessment from $434.60 to 406.13 per lot.

7. The City Council hereby or ders amendment to the assessment district described in the Resolution Initiating Proceedings for Modification of Improvements of District No. 16 -01 and the Engineer’s Report.

8. The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2023-2024.

9. The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:

a. Clerk’s Certification to the County Auditor
b. Resolution Initiating Proceedings for Modifications of Improvements c. Resolution Ordering Assessment
d. Engineer’s Report:

204
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

PASSED AND ADOPTED: September 18, 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 20 23-47 passed and adopted by the Council of the City of Visalia at a regular meeting held on September 18, 2023.

Dated: September 19, 2023 LESLIE B. CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk

205
Exhibit “A”
Amended Assessment Diagram
Landscape & Lighting Assessment District No. 16-01
Di Mello Toscana

206
Exhibit “B”
Amended Landscape Location Diagram
Landscape & Lighting Assessment District No. 16-01
Di Mello Toscana

207
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 16-01
Fiscal Year 2022-2023

APN_#
Assessment OwnName LOT_# DISTRICT
077810001 $406.13 HUANG WEICHANG 1 16-01 Di Mello Toscana 077810002 $406.13 AVILA JAVIER & ANA 2 16-01 Di Mello Toscana 077810003 $406.13 ALBURN KRISTEN MICHELLE 3 16-01 Di Mello Toscana 077810004 $406.13 VASQUEZ RONALD JIM JR 4 16-01 Di Mello Toscana 077810005 $406.13 ZAZUETA FABIAN & ELISA SUSAN 5 16-01 Di Mello Toscana 077810006 $406.13 LOPEZ JAMES & JACQUELINE 6 16-01 Di Mello Toscana 077810007 $406.13 NDU NKIRUKA (TR)(2020 FAM TR) 7 16-01 Di Mello Toscana 077810008 $406.13 CARINO RICHARD E 8 16-01 Di Mello Toscana 077810009 $406.13 UTOMO ALBERT & PUSPA 9 16-01 Di Mello Toscana 077810010 $406.13 STAFFORD HEATHER & MICHAEL R 10 16-01 Di Mello Toscana 077810011 $406.13 IBARRA MISAEL ALEJANDRO 11 16-01 Di Mello Toscana 077810012 $406.13 TANG MICHAEL 12 16-01 Di Mello Toscana 077810013 $406.13 GOLDEN FRANK 13 16-01 Di Mello Toscana 077810014 $406.13 JOUMBLAT NATALIE RANYA 14 16-01 Di Mello Toscana 077810015 $406.13 MOYA ALMA 15 16-01 Di Mello Toscana 077810016 $406.13 CLEVENGER WILLIAM & KAROL ANN 16 16-01 Di Mello Toscana 077730003 $406.13 MIRWALD KIMBERLY JEANNETTE 17 16-01 Di Mello Toscana 077730004 $406.13 CRUZ BRYAN 18 16-01 Di Mello Toscana 077730005 $406.13 WHITE ANDREA 19 16-01 Di Mello Toscana 077730006 $406.13 SKOGLUND STUART & KIMBERLY 20 16-01 Di Mello Toscana 077730007 $406.13 CASTILLO BETHANY 21 16-01 Di Mello Toscana 077730008 $406.13 BANNING METAXIA & JOSHUA 22 16-01 Di Mello Toscana 077730009 $406.13 MELLOW JACQUELINE N 23 16-01 Di Mello Toscana 077730010 $406.13 DUARTE LUIS ENRIQUE MARTINEZ JR 24 16-01 Di Mello Toscana 077730011 $406.13 OVERTON KATHERINE A 25 16-01 Di Mello Toscana 077730012 $406.13 VALERO ERIC & CYNTHIA 26 16-01 Di Mello Toscana 077730013 $406.13 VASQUEZ ALCIRA 27 16-01 Di Mello Toscana 077730014 $406.13 MORENO LOUIS D JR 28 16-01 Di Mello Toscana 077730015 $406.13 GONZALEZ DANIEL ANTONIO 29 16-01 Di Mello Toscana 077730016 $406.13 EMPFIEL GREGORY M & JOANNE R 30 16-01 Di Mello Toscana 077730017 $406.13

AMUNDSON STEPHEN MARCUS & CRYSTAL
DAWN 31 16-01 Di Mello Toscana
077730018 $406.13 HERNANDEZ LARRY M 32 16-01 Di Mello Toscana 077730019 $406.13

MATTA SEBASTIAN SAMUEL & JESSICA
MARIE 33 16-01 Di Mello Toscana
077730020 $406.13 SOTO ELIJAH & KRISTINE 34 16-01 Di Mello Toscana 077730021 $406.13 RIOS MANUEL ADRIAN 35 16-01 Di Mello Toscana 077730022 $406.13 TODD ERIC 36 16-01 Di Mello Toscana 077730023 $406.13 LAM CHEUNG BIU 37 16-01 Di Mello Toscana 077730024 $406.13 THOMPSON JAYMIE L 38 16-01 Di Mello Toscana 077730025 $406.13 MINYARD DAVID 39 16-01 Di Mello Toscana 077730026 $406.13 MUHS KYRA 40 16-01 Di Mello Toscana 077730027 $406.13 MEFFORD KRISTI L & DWIGHT MITCHELL 41 16-01 Di Mello Toscana

208
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 16-01
Fiscal Year 2022-2023

APN_# Assessment OwnName LOT_# DISTRICT
077730028 $406.13 MARTIN JOSHUA RAY 42 16-01 Di Mello Toscana 077730029 $406.13 MENDOZA ALONDRA GUTIERREZ 43 16-01 Di Mello Toscana 077730030 $406.13 MALEK CHRIS JOHN & LORI KRIS 44 16-01 Di Mello Toscana 077730031 $406.13 TAYLOR BRIAN CHRISTOPHER & NICOLE P 45 16-01 Di Mello Toscana 077730032 $406.13 CHEN YIWEN 46 16-01 Di Mello Toscana 077730033 $406.13 NELSON DEIDRA J 47 16-01 Di Mello Toscana 077730034 $406.13 KAUR JASWANT 48 16-01 Di Mello Toscana 077730035 $406.13 RABB TONY D & TARA L 49 16-01 Di Mello Toscana 077730036 $406.13 KAPPES ANTONY C & SUSAN L 50 16-01 Di Mello Toscana 077730037 $406.13 PALMA DAVID 51 16-01 Di Mello Toscana 077730038 $406.13 DIAZ ALEX & CANDICE 52 16-01 Di Mello Toscana 077730039 $406.13 WITHNELL ROBERT J 53 16-01 Di Mello Toscana 077730040 $406.13 ZWEIGLE QUINN & BRITTANNY N 54 16-01 Di Mello Toscana 077730041 $406.13 LEAVITT JOSEPH & NANCY 55 16-01 Di Mello Toscana 077730042 $406.13 DAY TRAVIS 56 16-01 Di Mello Toscana 077730043 $406.13 DE LA ROSA KORINNA 57 16-01 Di Mello Toscana 077730044 $406.13 FLORES ANASTASIA C 58 16-01 Di Mello Toscana 077730045 $406.13 HUNT AMBER & JEFFREY 59 16-01 Di Mello Toscana 077730046 $406.13 DOMINGUEZ MARIA A 60 16-01 Di Mello Toscana 077730047 $406.13 HONG STEPHEN S 61 16-01 Di Mello Toscana 077730048 $406.13

CUEVAS MIGUEL ANGEL & ALEJANDRA
NICOLE 62 16-01 Di Mello Toscana
077730049 $406.13 PARRETT MICHELLE D 63 16-01 Di Mello Toscana 077730050 $406.13 GONZALES JOSE G & IDA 64 16-01 Di Mello Toscana 077730051 $406.13 HOLDBROOKS ANDREW & JESSICA 65 16-01 Di Mello Toscana 077730052 $406.13 HERNANDEZ CARLETA ADELE & DAVID 66 16-01 Di Mello Toscana 077730053 $406.13 BENAVIDES JOSE A 67 16-01 Di Mello Toscana 077730054 $406.13 CERVANTES MARTIN & CAROLINA 68 16-01 Di Mello Toscana 077730055 $406.13 BLACKMON LEANNA LYNN 69 16-01 Di Mello Toscana 077730056 $406.13 GASCA ARTHUR 70 16-01 Di Mello Toscana 077730057 $406.13 RAMOS EMMANUEL 71 16-01 Di Mello Toscana 077810017 $406.13 SOLIS ALBERT 72 16-01 Di Mello Toscana 077810018 $406.13 JAUREGUI CHRISTINA O 73 16-01 Di Mello Toscana 077810019 $406.13 NEWKIRK MERRILL 74 16-01 Di Mello Toscana 077810020 $406.13 RINER DOUGLAS S & CRISTINA G 75 16-01 Di Mello Toscana 077810021 $406.13 SHAH PARAS V 76 16-01 Di Mello Toscana 077810022 $406.13 ALANIZ KATIE & JULIO R 77 16-01 Di Mello Toscana 077810023 $406.13 LICHTENWALDT LUCAS & MARIA 78 16-01 Di Mello Toscana 077810024 $406.13 GORDON TATE & ALICIA 79 16-01 Di Mello Toscana 077810025 $406.13 BOROWICZ BRIAN & TARA 80 16-01 Di Mello Toscana 077810026 $406.13

CLEVENGER KALEB LUKE & LYNDSIE
BREANN 81 16-01 Di Mello Toscana
077810027 $406.13 STITES RICHARD S 82 16-01 Di Mello Toscana 077810028 $406.13 BANGAR MANDEEP 83 16-01 Di Mello Toscana 077810029 $406.13

KINCADE GRANT WALTER & JUSTINE
ELYSE 84 16-01 Di Mello Toscana
209
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 16-01
Fiscal Year 2022-2023

077810030 $406.13 GRAY-WAREHIME SHARRON Y 85 16-01 Di Mello Toscana APN_# Assessment OwnName LOT_# DISTRICT
077810031 $406.13 LARA FELIX & GRACIELA 86 16-01 Di Mello Toscana 077810032 $406.13 WALTHALL DWIGHT & JENNIFER 87 16-01 Di Mello Toscana 077810033 $406.13 DI MEO ANDREW M & LISA J (TR) 88 16-01 Di Mello Toscana 077810034 $406.13 BRIDGES BRAD D 89 16-01 Di Mello Toscana 077810035 $406.13 NEUKAM JERRY LEE JR & CARRIE ANN 90 16-01 Di Mello Toscana 077810036 $406.13 SINGH LOVEJOT 91 16-01 Di Mello Toscana 077810037 $406.13 CRISANTO ERIC ANDREW & MIRANDA 92 16-01 Di Mello Toscana 077810038 $406.13 ACOSTA FELIPE & MOOKDA T 93 16-01 Di Mello Toscana 077810039 $406.13 MC NULTY JAMES R C (TR)(JRVM LIV TR) 94 16-01 Di Mello Toscana 077810040 $406.13 ADAMS JEFFREY RYAN 95 16-01 Di Mello Toscana 077810041 $406.13 BARRAGAN ADAN & JESSICA VANESSA 96 16-01 Di Mello Toscana 077810042 $406.13 SOUZA GREG & SOUZA STARLEY E (TR) 97 16-01 Di Mello Toscana 077810043 $406.13 MADRUGA JOHN & HEIDI (TRS)(REV TR) 98 16-01 Di Mello Toscana 077810044 $406.13 HERRERA FRANK DANIEL 99 16-01 Di Mello Toscana 077810045 $406.13 SODERSTEN BROOK & ALICIA DYAN 100 16-01 Di Mello Toscana 077810046 $406.13 RACHAL JOSEPH D & JENNIFER 101 16-01 Di Mello Toscana 077810047 $406.13 RAMIREZ ANDREW J 102 16-01 Di Mello Toscana 077810048 $406.13 FELIX DEBRA V 103 16-01 Di Mello Toscana 077810049 $406.13 PADILLA ERNESTO V & MILAGROS M 104 16-01 Di Mello Toscana 077810050 $406.13 REESE BENNICE & MICHAEL 105 16-01 Di Mello Toscana 077810051 $406.13 ARDITO IRENE 106 16-01 Di Mello Toscana 077810052 $406.13 VU JOHNATHAN H 107 16-01 Di Mello Toscana 077810053 $406.13 TAJBAKHSH MOJDEH 108 16-01 Di Mello Toscana 077810054 $406.13 ARYL SUDARSHAN KUMAR 109 16-01 Di Mello Toscana 077810055 $406.13 GARCIA SERGIO L JR 110 16-01 Di Mello Toscana 077810056 $406.13 SHERMAN CASEY TUCKER 111 16-01 Di Mello Toscana 077810057 $406.13 JAUREGUI LUIS & ANGELICA 112 16-01 Di Mello Toscana 077810058 $406.13 JONES LYNDA SUSAN 113 16-01 Di Mello Toscana 077810059 $406.13

VILLARREAL ARMANDO JESUS & RAQUEL
SUSANA 114 16-01 Di Mello Toscana
077810060 $406.13 GARBANI MACINTYRE J 115 16-01 Di Mello Toscana 077810061 $406.13 CAVASOS CHRISTOPHER N & IRENE 116 16-01 Di Mello Toscana

210
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 16-01
Di Mello Toscana
Fiscal Year 2022-2023

General Description
This Assessment District (1 6-01, Di Mello Toscana ) is located east of Shirk Street between Goshen Avenue and Doe Avenue. Exhibit “A” is a map of Assessment District 16-01. This District includes the maintenance of shrub areas, irrigation systems, street trees, landscape trees, 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 any acts of vandalism (graffiti, theft or damage) that may occur. This Dis trict also includes the preventive maintenance of all internal local streets by means including, but not limited to overlays, cape seals, crack seals, and reclamite (oiling). The total number of lots within the district is 1 16, all of which are to be assessed for Fiscal Year 2023-2024.

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 the 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 th e maintenance of all internal local streets within the subdivision, the City Council has determined that landscape areas, street lights, block walls, street trees, landscape 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 landscaping, street trees, landscape trees, stre et 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 6 year cycle, Crack Seal on a n 8 year cycle; Cape Seal on a 15 year cycle and Overlays on a 20 year cycle.

211
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 16-01
Di Mello Toscana
Fiscal Year 2022-2023

The quantities and estimated costs are as follows:

Annual Cost Increase

This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($47,110.61) (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.

Turf Area Sq. Ft. 0 $0.120 $0.00
Shrub Area Sq. Ft. 23,958 $0.120 $2,874.96
Water Sq. Ft. 23,958 $0.085 $2,036.43
Electricity Sq. Ft. 23,958 $0.012 $287.50
Landscape Trees Each 73 $44.00 $3,212.00
Interior Street Tree Each 190 $44.00 $8,360.00
Street Lights Each 23 $135.60 $3,118.80
Reclamite (6 year cycle) Sq. Yd. 22,867 $0.750 $857.51
Crack Seal (8 year cycle) Sq. Yd. 22,867 $0.264 $301.81 Cape Seal (15 year cycle) Sq. Yd. 22,867 $5.000 $5,716.75

2.0" Overlay (20 year cycle) Sq. Yd. 22,867 $9.990 $11,422.07 Project Management Costs Lots 116 $40.00 $4,640.00
TOTAL $42,827.83
10% Reserve Fund $4,282.78
GRAND TOTAL $47,110.61
NUMBER OF LOTS 116
ANNUAL PER LOT ASSESSMENT $406.13
212
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 16-01
Di Mello Toscana
Fiscal Year 2022-2023

Example 1) The year four estimated costs are $51,350.56 [a 9% increase over the base year assessment of $47,110.61]. The ceiling on the assessment increase for year four would be $54,536.42 [ceiling = ($47,110.61) (1.05)
(4-1)
]. The assessment would be
set at $51,350.56 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 $53,234.99 [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 $54,536.42 [ceiling = ($47,110.61) (1.05)
(4-1)
]. The assessment would be set at $53,234.99 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 $51,350.56 [a 9% increase over the base year assessment of $47,110.61] and damage occurred to the masonry wall raising the year five assessment to $62,647.69 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $56,485.62, a 10% increase over the previous year and under the ceiling of $57,263.24 [ceiling = ($47,110.61) (1.05)
(5-1)
]. The difference of $6,162.07 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.

Jason Huckleberry Date
Assistant Community Development Director for City Engineer 213
RESOLUTION NO. 2023-38

RESOLUTION INITIATING PROCEEDINGS

FOR MODIFICATIONS OF IMPROVEMENTS
IN DISTRICT 16-01 Di Mello Toscana
(Pursuant to Landscape and Lighting Act of 1972)

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council proposes to modify the improvements in the assessment district pursuant to the Landscaping & Lighting act of 1972 (Section 22500 and following, Streets & Highways Code) for the purpose of the following improvement modifications:

a. The Modifications will result in a removal of 11,202 square foot of landscape maintenance area and a reduction of 13 landscape trees from the existing district.

b. All other improvements in the assessment district shall remain unchanged.

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

3. The City Engineer of the City of Visalia is the designated engineer for the purpose of these proceedings. The Engineer will file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscape & Lighting Act of 1972 to describe the revised improvements, boundaries, and proposed assessment upon the asse ssable lots and parcels of land within District 16-01. This report is expected to show the annual assessment to decrease from $434.60 to $406.13 per lot.

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

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

PASSED AND ADOPTED: 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 2023-38 passed and adopted by the Council of the City of Visalia at a regular meeting held on August 21, 2023.

Dated: August 22, 2023 LESLIE B. CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0291 Agenda Date: 9/18/2023 Agenda #: 3.

Agenda Item Wording:

Public Hearing and approval of the 2022/23 Program Year Consolidated Annual Performance and Evaluation Report (CAPER) and Resolution No. 2023-45.

Deadline for Action: 9/18/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Margie Perez, Housing Specialist (559) 713-4460, [email protected] <mailto:[email protected]>; Melody Murch Assistant Finance Director, (559) 713-4379, [email protected] <mailto:[email protected]>; Renee Nagel, Finance Director, (559) 713-4375, [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends that the City Council:

1. Hold a public hearing to receive public comments on Program Year 2022/23 draft CAPER; and

2. Approve the submission of the Program Year 2022/23 CAPER, Resolution No. 2023-45.

Background Discussion:

The Consolidated Annual Performance and Evaluation Report (CAPER) is a report of actual expenditures and accomplishments for the Program Year (PY) 2022/23 and is presented in a format prescribed by HUD. The CAPER report must be submitted to the U.S. Department of Housing and Urban Development (HUD) by or before September 30th each year. Annually, the City is required to prepare and approve the CAPER through the adoption of a resolution as shown in Attachment A:

Resolution No. 2023-45. This report is submitted to HUD to summarize and evaluate the City’s overall progress and performance for the period covering July 1, 2022, through June 30, 2023. The programs being reported were approved on April 20, 2020, in the City’s current 5-year Consolidated Plan (ConPlan) for the program years 2020/21 through 2024/25, referred to as the “ConPlan”. Each year contained within the ConPlan has an Annual Action Plan. The 2022/23 Annual Action Plan was approved by Council on April 18, 2022.

The CAPER is prepared in compliance with HUD requirements for the use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Funding. The funds must be used for projects and programs primarily benefiting low-and moderate-income persons, households, and/or areas. The full draft CAPER report is included herein as Attachment B: Draft 2022/23 CAPER. The 2022/23 Annual Action Plan focused on affordable housing activities, neighborhood preservation through Code Enforcement, public services, ADA compliance projects, and Covid Emergency Rental and Mortgage assistance funded with CDBG CARES Act (CDBG-CV) program funds.

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File #: 23-0291 Agenda Date: 9/18/2023 Agenda #: 3.

An overview of the 2022/23 CDBG and HOME resources and expenditures is shown above in Table 1: FY 2022/23 CDBG & HOME Resources and Expenditures. All expenditure amounts included in this item are subject to change, as final year-end administration overhead adjustments are pending through September 30th. No material changes to these amounts are projected, and the final figures will be reflected in the CAPER when submitted to HUD.

As shown below in Table 2, the HOME FY 2022-23 Expenditures and Accomplishments Include:
· HOME Administration and Planning ($17,549) - FY 2022/23 HOME administration which covers any staff time, legal advertising, office supplies, and other general administrative expenditures for the HOME Program.
· HOME-ARP Administration ($1,384) - FY 2022/23 HOME Investment Partnerships American Rescue Plan Program (HOME-ARP) administration which covers any staff time, legal advertising, office supplies, and other general administrative expenditures for the HOME-ARP Program.
· Family Services of Tulare County - Tenant-Based Rental Assistance (TBRA) ($5,423) - The TBRA program assisted three (3) previously homeless households with rental subsidy payments for the program year. Case Management services were also provided to tenants through the City’s Successor Agency Housing funds in the amount $9,841. · The Lofts Project ($567,788) - The Lofts Project is the development of an 80-unit mixed-use complex, with 11-HOME assisted floating units. This project will provide 4 ground floor artist lofts with the remaining rental units to be 1- and 2-bedroom apartments for qualifying individuals and families. The project will have one unit devoted to an on-site manager and Visalia City Council Printed on 9/15/2023Page 2 of 6
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includes commercial space. The commercial space will offer a new home for the Arts Consortium and will allow use for various community and resident services and events. In addition, The Lofts Project includes 3,500 square feet on the ground floor for an Art Gallery and Community Room where a wide variety of resident services will be provided. · The Sequoia Village Project ($430,899) - The Sequoia Village Project is the conversion of a 50-unit motel to provide permanent affordable rental housing for homeless or at risk of homelessness individuals. The project has an on-site manager and includes supportive services to ensure the tenant’s long-term stability.
· CHDO Project - NW 5th Avenue Project Development ($1,029,102) - These HOME-CHDO set aside funds were utilized to construct five single-family homes for low to moderate-income first-time homebuyers on NW 5th Avenue and N Court Street. Once completed, 10% of the project loan amount rolled into secondary financing for eligible homebuyers at 30-year deferred loan at 0% interest. The program income generated from the sale of the NW 5th Avenue homes will provide a portion of the Lofts Project funding as approved by Council on April 17, 2023, with the PY 2023/24 Annual Action Plan. · Homebuyer Assistance ($165,000) - Four Homebuyer assistance loans, also known as secondary financing, were provided to eligible buyers of the HOME-assisted NW 5th Avenue single-family homes. The 5th and final home closed escrow in July 2023 and will be reflected in the 2023 CAPER report. The homebuyer assistance loans were provided at 30-year deferred loan at 0% interest. The loan will be due and payable prior to the 30-year maturity date if the home is no longer owner occupied or at change of title.

As Shown below in Table 3, the CDBG FY 2022/23 Expenditures and Accomplishments Include:
· CDBG Administration and Planning ($264,036) - FY 2022/23 CDBG administration which covers any staff time, legal advertising, office supplies, and other general administrative expenditures for the CDBG Program.

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· Public Services:
o Kings Tulare Homeless Alliance Continuum of Care (CoC) ($16,664) - The CoC conducted the annual Point in Time (PIT) Count of people experiencing homelessness in January 2023. The 2023 PIT count report includes a total of 434 homeless individuals in the City of Visalia. 407 individuals were adults, and 27 individuals were children under the age of 18, and 23 individuals were seniors ages 65 and older. The PIT Count report includes individuals residing in emergency shelters and transitional housing. o Family Services of Tulare County - Permanent Supportive Housing (PSH) Voucher Program ($45,000) - Family Services of Tulare County provided 13 chronically homeless persons that are receiving PSH vouchers with case management, home visits, counseling referrals, life skills training, transportation, food delivery, hygiene products, and furniture assistance to maintain a life of stability. o Kings View (Projects for Assistance in Transition from Homelessness (PATH) Program ($34,983) - Kings View PATH Program assisted 28 homeless and at-risk of homeless individuals with essential supportive services, such as, security deposits, rental application fees, utility deposits, rental assistance, legal document assistance, motel vouchers, meal vouchers, transportation assistance, and clothing assistance.

Kings View assisted 10 homeless individuals in obtaining permanent housing. o Self-Help Enterprises COVID-19 Emergency Rental/Mortgage Assistance Program ($182,944) - Self-Help Enterprises assisted 65 unduplicated households, with CDBG CARES Act (CDBG-CV) funds, providing 49 households with rental assistance, and 16 with mortgage assistance. All recipients of this assistance were low-moderate income households financially impacted by the Coronavirus Pandemic. This program originally ran from January 1, 2023, though June 30, 2023; but has now been extended to December 31, 2023, to allow additional time to expend $108,655 in remaining CDBG- CV funds. COVID has been declining and there have been fewer COVID impacted clients. The project funds are expected to be fully expended by December 31, 2023. · Home Repairs:
o Habitat for Humanity Emergency Repair & Accessibility Program (ERAP) ($29,925) - Habitat for Humanity ERAP provides low-to-moderate-income owner- occupied households with minor home repairs, such as, ADA wheelchair installation, ADA bar rail installations, electrical repairs, energy efficiency upgrades, window repairs/replacements, weatherization installation, and floor repairs. This program’s maximum client assistance was $5,000 per household. In PY 2022/23, Habitat completed 3 minor home repairs and are currently working with 6 additional minor home repairs to be completed next program year.
o Self-Help Enterprises Senior Mobile Home Repair Program (SMHRP) ($41,412) - Visalia City Council Printed on 9/15/2023Page 4 of 6
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File #: 23-0291 Agenda Date: 9/18/2023 Agenda #: 3.

Self-Help Enterprises SMHRP provides low-income seniors and/or disabled mobile homeowners with ADA improvements, roof, electrical, floor, and plumbing repairs, window repair/replacement, and energy efficiency upgrades. This program’s maximum client assistance was $11,500 per household. Self-Help completed 2 mobile home rehabilitations in PY 2022/23 and is currently working with 2 additional mobile home rehabilitations to be completed next program year.
· Code Enforcement:
o Code Enforcement ($184,806) - The 2022/23 CDBG Code Enforcement program issued 180 housing violations and corrected 135 housing code violations in CDBG target areas. CDBG Code Enforcement provides enforcement services in deteriorating or deteriorated areas to bring both public and private premises into compliance with the minimum standards set in State and local law. No funding is provided for mitigation, only staff time and equipment for staff.
· Public Infrastructure Improvements:
o ADA Audible Pedestrian Signals CP0421 ($88,634) - This Americans with Disabilities Act (ADA) improvements project includes the installation of traffic signal ADA audible pedestrian push button signals. This was in response to the Disability Advocacy Committee’s (DAC) public input request received in 2020 prior to the DAC disbandment and will assist visually impaired citizens. The project installed these improvements at 6 intersections on Santa Fe Street from Murray Avenue to E. Noble Avenue. o ADA Transit Pathway CP0420 ($34,980) - This project includes the ADA transit pathway improvements from the Transit Center to Main Street. This project is also per the Disability Advocacy Committee’s (DAC) public input request in 2020 prior to the DAC disbandment and will assist mobility impaired citizens. This project will provide ADA compliant pedestrian improvements directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and handicapped persons from the Transit Center to Main Street on Bridge and Santa Fe.

The total project was budgeted at $499,940 and $34,980 of this amount was expensed prior to June 30, 2023, for pre-construction costs. The remaining project expenses will be included in the 2023/24 CAPER.
o Navigation Center CP0419 ($760,669) - Pre-construction and groundbreaking for the development of a 100-bed low-barrier Navigation Center for people experiencing homelessness began in 2022/23. The project is currently underway and is expected to be completed in 2023/24. The project includes $2,055,205 in CDBG funds and $760,669 of this amount was expensed prior to June 30, 2023, for pre-construction costs. The remaining project expenses and accomplishments will be included in the 2023/24 CAPER.

Public Comment Period:

As required by HUD, a minimum 15-day public comment period must be conducted for the 2022/23 Visalia City Council Printed on 9/15/2023Page 5 of 6
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File #: 23-0291 Agenda Date: 9/18/2023 Agenda #: 3.

CAPER. The public comment period was from August 18, 2023, through September 18, 2023.

English and Spanish public notices were posted in the Visalia Times Delta on August 18, 2023, and September 1, 2023. Public notices were also published on City social media outlets, the Kings Tulare Homeless Alliance listserv, and the City website during the public comment period. The draft PY 2022/23 CAPER was available on the City website for public review during the public comment period. The draft 2022/23 CAPER was also presented at the Citizen’s Advisory Committee on September 6, 2023. All comments received during the public comment period and public hearing will be included in the final report to HUD and made available for public review on the City’s website.

Fiscal Impact:

None. The CAPER is a report of financial and program activity, and this item does not contain any requests for appropriation or budget amendments.

Prior Council Action:

April 20, 2020 - Five-year (2020/21 - 2024/25) Consolidated Plan adoption.

April 18, 2022 - Program Year 2022/23 Annual Action Plan adoption.

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

I moved to adopt Resolution No. 2023-45, approving the Program Year 2022/23 Consolidated Annual Performance and Evaluation Report (CAPER).

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Click or tap here to enter text.
· Attachment A: Resolution No. 2023-45
· Attachment B: 2022/23 Draft CAPER
· Attachment C: 2022/23 CAPER PowerPoint
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RESOLUTION NO. 2023-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING THE PROGRAM YEAR 2022-2023

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUTION REPORT
WHEREAS, the City of Visalia operated the Community Development Block Grant Program (CDBG), and the Home Investment Partnerships Grant Program (HOME) for the Program Year 2022-23; and
WHEREAS, the City is required to submit a Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD) for the activities and expenditures for the Program Year 2022-2023; and
WHEREAS, the City must also certify that it is complying with HUD requirements for the use of CDBG and HOME funds; and
WHEREAS, the City spent approximately $1,684,053 dollars in CDBG, and $2,217,145 dollars in HOME funds during the Program Year 2022-2023; 100% of the funds were used to assist households with incomes at or below 80% of area median income; and
WHEREAS, the City Council considered the CAPER at a p ublicly noticed public hearing held on September 18th, 202 3, and the City Council considered all public comments provided during the public review period and at the public hearing; and WHEREAS, the City Manager is the certifying official for all HUD report s and transactions.

NOW, THEREFORE, BE IT RESOLV ED, by the City Council of the City of Visalia that it approves the attached Program Year 2022-2023 Consolidated Annual Performance and Evaluation Report and authorizes the City Manager to submit the same to HUD on behalf of the City of Visalia.

PASSED AND ADOPTED: September 18, 2023 LESLIE CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoin g is the full and true Resolution 2023-45 passed and adopted by the Council of the City of Visalia at a regular meeting held on September 18, 2023.

Dated: September 19, 2023 LESLIE CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk
227

Draft 2022
CAPER
Consolidated Annual
Performance and
Evaluation Report
City of Visalia
228

City of Visalia Draft PY 2022 CAPER Page 2

Table of Contents

CR-05 - Goals and Outcomes .................................................................................................................... 4 CR-10 - Racial and Ethnic composition of families assisted ...................................................................... 7 CR-15 - Resources and Investments 91.520(a) ......................................................................................... 8 CR-20 - Affordable Housing 91.520(b) .................................................................................................... 15 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ................................ 17 CR-30 - Public Housing 91.220(h); 91.320(j) ........................................................................................... 21 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) .................................................................................... 22 CR-40 - Monitoring 91.220 and 91.230 ................................................................................................... 26 CR-45 - CDBG 91.520(c) .......................................................................................................................... 28 CR-50 - HOME 91.520(d) ......................................................................................................................... 29 Attachment A: Accomplishments ........................................................................................................... 32 Attachment A-1: Cover Page ............................................................................................................... 33 Attachment A-2: 2022/23 HOME & CDBG Expenditures and Accomplishments ............................... 34 Attachment A-3: City Council Staff Report ......................................................................................... 35 Attachment A-4: City Council Resolution ............................................................................................ 36 Attachment B: Citizen Participation ........................................................................................................ 37 Attachment B-1: Public Notice –English ............................................................................................. 38 Attachment B-2: Public Notice – Legal Ad .......................................................................................... 39 Attachment B-3: Public Notice Legal Ad English Certification ............................................................ 40 Attachment B-4: Public Notice- Spanish ............................................................................................. 41 Attachment B-5: Public Notice Legal Ad - Spanish .............................................................................. 42 Attachment B-6: Public Notice Legal Ad Spanish Certification ........................................................... 43 Attachment B-7: City Website – CDBG Public Notice Page................................................................. 44 Attachment B-8: Continuum of Care Listserv Post ............................................................................. 45 Attachment B-9: Citizen Participation Summary ................................................................................ 46 Attachment C: Continuum of Care Reports ............................................................................................ 47 Attachment C-1: Point in Time Survey Report ................................................................................... 48 229

City of Visalia Draft PY 2022 CAPER Page 3

Attachment C-2: Point in Time Survey Results ................................................................................... 51 Attachment D: IDIS Reports .................................................................................................................... 55 Attachment D-1: PR-26 CDBG Financial Summary Report .................................................................. 56 Attachment D-2: PR-26 CDBG-CV Financial Summary Report ............................................................ 59 Attachment D-3: PR-09 CDBG Program Income Detail Report ........................................................... 61 Attachment D-4: PR-02 CDBG Project Activities Report ..................................................................... 63 Attachment D-5: PR 23 CDBG Accomplishments ................................................................................ 64

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City of Visalia Draft PY 2022 CAPER Page 4

CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

The Program Year (PY) 2022 Consolidated Annual Performance and Evaluation Report (CAPER) covers the period of July 1, 2022 through June 30, 2023. The CAPER provides a general assessment of the City’s progress in carrying out goals identified in the City's five-year Consolidated Plan (ConPlan) during the 2022-2023 Fiscal Year with the use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds, provided by the U. S. Department of Housing and Urban Development (HUD), primarily to benefit Low- and Moderate-Income persons (LMI) and/or areas. The PY 2022 was the third year of the City of Visalia's five-year (2020/21-2024/25) Consolidated Plan.

For Program Year 2022, CDBG resources included $1,183,482 in grant allocation; $1,834,163 in prior year resources; and $231,111 in program income for a total of $3,248,756. The total CDBG expenditures for the year were $1,684,053. The CDBG grant ending balance of $1,564,703 will be carried into the 2023 Annual Action Plan. Program Year 2022 CDBG accomplishments consisted of public services, the Continuum of Care support, Family Services case management for permanent supportive housing voucher clients, Kings View PATH program, COVID-19 emergency rental/mortgage assistance, code enforcement, ADA improvements, development of the Navigation Center, and administration.

For Program Year 2022, HOME resources included $546,791 in grant allocation, $1,836,171 in HOME- ARP, $1,409,908 in prior year resources, and $259,063 in program income for a total of $4,051,932. The total HOME expenditures for the year were $2,217,145. HOME ending grant balance of $1,834,787 will be carried into the 2023 Annual Action Plan. The Program Year 2022 HOME accomplishments consist of the construction of 5-single family homes on NW 5th Ave, homebuyer assistance, tenant-based rental assistance, and the Sequoia Village Project. Full accomplishments will be shown in Attachment “A-2”.

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal Category Source /
Amount
Indicator Unit of
Measure
Expecte
d Strat-
egic
Plan
Actual
Strate-
gic Plan
Percent
Comp-
lete
Expecte
d Prog-
ram Yr.

Actual
Prog-
ram
Yr.

Perce
nt
Comp-
lete
Address
community /
special needs
services
Homeless
Non-
Homeless
Special
Needs
CDBG-CV:
$182,944
Public service
activities for Low/Mod
Income Housing
Benefit
House-
holds
Assisted
202

526

260% 116 65 56%
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City of Visalia Draft PY 2022 CAPER Page 5

Address
community/
special needs
services
Homeless
Non-
Homeless
Special
Needs
CDBG:
$34,983
Homeless Person
Overnight Shelter
Persons
Assisted 30 62 207% 30 28 93%
Address
homeless
needs
Homeless CDBG:
$16,664
Public service
activities other than
Low/Mod Income
Housing Benefit
Persons
Assisted 2000 1443 72% 400 434 109%
Address
homeless
needs
Homeless CDBG:
$45,000
Public service
activities for Low/
Mod Income Housing
Benefit
House-
holds
Assisted
70 60 86% 14 13 93%
Create
suitable living
environment
Affordable
Housing
CDBG:
$71,336
Homeowner Housing
Rehabilitated
House-
hold
Housing
Unit
18 18 100% 14 5 36%
Create
suitable living
environment
Affordable
Housing
HOME:
$5,423
Tenant-based rental
assistance/ Rapid
Rehousing
House-
holds
Assisted
16 10 63% 4 3 75%
Create
suitable living
environment
Affordable
Housing
CDBG:
$184,561
Housing Code
Enforcement/Foreclos
ed Property Care
House-
hold
Housing
Unit
1000 539 54% 200 180 90%
Enhance
community
development
Non-Housing
Community
Develop-
ment
CDBG:
$884,283
Public Facility/
Infrastructure
Activities other than
Low/Mod Income
Housing Benefit
Persons
Assisted 3000 3000 100% 3000 3000 100%
Increase
affordable
housing
Affordable
Housing
HOME:
$567,788
Rental units
constructed
House-
hold
Housing
Unit
11 0 0% 11 0 0%
Increase
affordable
housing
Affordable
Housing
HOME:
$430,899
Rental units
rehabilitated
House-
hold
Housing
Unit
50 50 100% 50 500 100%
Increase
affordable
housing
Affordable
Housing
HOME:
$1,029,102
Homeowner Housing
Added
House-
hold
Housing
Unit
5 5 100% 5 5 100%
Increase
affordable
housing
Affordable
Housing
HOME:
$165,000
Direct Financial
Assistance to
Homebuyers
House-
holds
Assisted
5 4 80% 5 4 80%
Planning &
Admin
Program
Admin
CDBG:
$278,144/
HOME:
$17,549
Other Other 1 1 100% 1 1 100%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date

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Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

Funds were allocated in alignment with the priorities identified in the City’s five-year Consolidated Plan and Annual Action Plan. Through the development of the 2020 - 2024 ConPlan community needs assessment, the City identified the following goals as "High" priority needs in the community:
• Affordable Housing
• Create Suitable Living Environment
• Address Community/Special Needs Services
• Address Homeless Needs
• Enhance Community Development
The City makes every effort to meet the priority needs of the community through the provision of many programs. During the PY 2022, the City recognized the recent developed high priorities as a result of the coronavirus pandemic. The City implemented an COVID-19 rental/mortgage assistance program to prevent evictions with Self-Help Enterprises. The City also supported a case management program for chronically homeless persons receiving a permanent supportive housing voucher with Family Services of Tulare County, a homeless outreach and homeless prevention program with Kings View PATH Program.

The City also implemented an Emergency Minor Home Repair and ADA Program with Habitat for Humanity, a Senior Mobile Home Repair Program with Self-Help Enterprises, and a Code Enforcement Program, and ADA audible pedestrian signal installation with the use of CDBG funds.

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CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
Race: CDBG HOME
White 1038 14
Black or African American 71 0
Asian 19 0
American Indian or American Native 52 0
Native Hawaiian or Other Pacific Islander 6 0
Total 837 14
Ethnicity: CDBG HOME
Hispanic 533 11
Not Hispanic 653 3

Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The City and partner organizations identifies priority needs and offers eligible CDBG and HOME services to low-and moderate-income persons and/or households regardless of their race or ethnic background.

The information in CR-10 is generated by client demographics that participated in a CDBG or HOME funded program. The populated data referenced above does not include low-moderate areas activities, such as, Code Enforcement Program. *Hispanic and mixed-race data is captured with white race data, then categorized appropriately under ethnicity data.

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CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG Public - Federal $3,248,756 $1,684,053
HOME Public - Federal $4,051,932 $2,217,145
Table 3 - Resources Made Available

Narrative
The City of Visalia’s total PY 2022 CDBG resources of $3,248,756 included:
• Grant Allocation - $1,183,482
• Prior Year Carryover - $1,834,163
• Program Income - $231,111
CDBG expenditures for PY 2022 were $1,684,053. There is a carryover of $1,564,703 in CDBG funds toward projects identified in the 2023 Annual Action Plan Amendment 1 for the development of a Low- Barrier Navigation Center.

The City of Visalia’s total PY 2022 HOME resources of $4,051,932 included:
• Grant Allocation - $546,791
• Prior Year Carryover - $1,409,908
• Program Income - $259,063
• HOME-ARP Allocation - $1,836,171
HOME expenditures for PY 2022 were $2,217,145. HOME Carryover is $1,834,787 in HOME-ARP funds for the HOME-ARP project, Majestic Gardens, and HOME-ARP administration as approved in the HOME- ARP Allocation Plan.

Program income is generated from repayment of First Time Homebuyer and Owner-Occupied Rehab CDBG and/or HOME loans, and recycled funds from the resell of SHE CHDO single family homes.

Identify the geographic distribution and location of investments.

Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 77 72 Citywide
LMI Tracts 23 28 LMI Census Tracts
Table 4 – Identify the geographic distribution and location of investments. 235

City of Visalia Draft PY 2022 CAPER Page 9

Narrative
The City does not specifically target areas, except to identify low/mod census tract areas for the use of funding for eligible projects/programs, such as Code Enforcement Program, which lie within such areas.

Visalia Citywide: The City of Visalia (City) is in the northwestern area of the County of Tulare (County) in the Central San Joaquin Valley of California. It is the largest city in the County and is currently home to approximately 144,376 residents as per California Dept. of Finance, January 2023. This is an increase of

0.28% since January of 2022 which was estimated at 143,966 (Finance, 2022). The City covers approximately 36 square miles and is surrounded by farmland, leading the agricultural industry which is its top economic driver.

IDIS Low/Mod Census Tracts (eligible CDBG Target Areas) Low-Mod Income (LMI) concentration is defined as census tracts where at least 51% of the median household income is 80% or less than the jurisdiction as a whole. The City's PY 2022-23 CDBG boundaries are shown below in 2022 CDBG Low-Mod target area maps.

Map 1: PY 2022 CDBG Low-Mod Target Areas
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Map 2: HUD’s Mapping of PY 2022 CDBG Low-Mod Areas
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Leveraging
Explain how federal funds leveraged additional resources (private, state, and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

CDBG and HOME allocations are leveraged through the City’s partnerships. For example, CDBG public service dollars leverage state and other federal funding for homeless grant funding obtained by local non- profit agencies through the State of California and HUD including funding through the Continuum of Care.

As it relates to the HOME Match Leveraging, all Participating Jurisdictions must contribute or match 25 cents for each dollar of HOME funds spent on affordable housing. The HOME statue provides for a reduction (50%) of the matching contribution requirement under three conditions: 1) fiscal distress; 2) severe fiscal distress, and; 3) for Presidentially declared major disasters covered under the Stafford Act.

During the Coronavirus Pandemic, the City utilized HUD approved HOME waivers and suspensions of HOME program requirements in response to the COVID-19 pandemic. The matching requirement for PJ’s that requested a match reduction under the COVID-19 waiver received a 100% reduction of their match liabilities for fiscal years 2020, 2021, and 2022.

Fiscal Year Summary – HOME Match

1. Excess match from prior Federal fiscal year $5,640,174.67

2. Match contributed during current Federal fiscal year $0.00

3. Total match available for current Federal fiscal year (Line 1 plus Line 2) $5,640,174.67

4. Match liability for current Federal fiscal year $0.00

5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $5,640,174.67 Table 5 – Fiscal Year Summary - HOME Match Report

The City provided HOME-CHDO funding to Self Help Enterprises, a Certified CHDO, who utilized the funds to acquire, rehabilitate and resell one single family home. SHE also used HOME CHDO funds toward the construction of five (5) single family homes on NW 5th Avenue known as the “NW 5th Project”. Construction of the five (5) single family homes completed in PY 2022 and is reflected in this CAPER.

HOME funding was also used toward Tenant Based Rental Assistance. Case Management was provided to the HOME- TBRA participants through the use of Successor Agency Housing Funds (previously known as Redevelopment Low Mod Funding).
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Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
N/A N/A 0 0 0 0 0 0 0
Table 6 – Match Contribution for the Federal Fiscal Year

HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand at
beginning of reporting
period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end
of reporting period
$
$105,793 $153,270 $259,063 $5,423 $0
Table 7 – Program Income

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Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 - Minority Business and Women Business Enterprises

Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property

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Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced
Total Minority Property Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition

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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 50 50
Number of Non-Homeless households to be
provided affordable housing units 5 5
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 55 55
Table 11 – Number of Households

One-Year Goal Actual
Number of households supported through
Rental Assistance 58 52
Number of households supported through
The Production of New Units 5 5
Number of households supported through
Rehab of Existing Units 63 55
Number of households supported through
Acquisition of Existing Units 0 0
Total 126 112
Table 12 – Number of Households Supported

Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

As it relates to HOME funds, under regulation 24 CFR 91.520 (b), the City developed five single-family homes on NW 5th Ave. and N Court St. for eligible households at or below 80% of the area median income level. The City also provided the five eligible buyers with homebuyer assistance. In PY 2022, the Sequoia Village Project completed construction which converted 50 motel units into Permanent Supportive Housing (PSH) units for people experiencing homelessness. The City also provided Tenant- Based Rental Assistance to three households. In PY 2022, the Lofts Project continued construction and is expected to be completed in PY 2023. The Lofts Project will develop an 80-unit mixed use affordable housing project, of which 11-units will be HOME assisted.

During PY 2022, the Senior Mobile Home Repair Program completed 2 mobile home repairs and the Emergency Home Repair Program completed 3 home repairs with CDBG funds. The City also assisted 49 rental and 16 mortgage COVID assistance with the use of CDBG CARES Act (CDBG-CV) funds. 242

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Discuss how these outcomes will impact future annual action plans.

Based on the affordable housing outcomes, the City will continue to support affordable housing development, home rehab of existing units, rental assistance, and acquisition of existing units in future Annual Action Plans.

The Lofts Project is an 80-unit affordable rental housing project with 11-HOME assisted units is currently under construction and scheduled to be completed in PY 2023. As a result, HOME funds have been committed in the PY 2023 Annual Action Plan. The City also committed PY 2023 and 2024 HOME CHDO funds for the development of a new project named Rancho Colegio, an 80-unit affordable rental housing project with 11-HOME assisted units. The City also identified the next motel conversion project, the Majestic Project, that will provide 42-PSH units for people experiencing homelessness with the use of HOME-ARP funds. In addition, a 100-bed Navigation Center is expected to begin construction in PY 2023, and CDBG funds have been committed in the PY 2023 Annual Action Plan.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 466 53
Low-income 27 0
Moderate-income 24 5
Total 517 58
Table 13 – Number of Households Served

Narrative Information
The CDBG data provided above includes client data from the Kings Tulare Homeless Alliance Continuum of Care, Family Services Voucher Program, Kings View Path Program, Self-Help Enterprises COVID-19 Rental/Mortgage Assistance Program, Habitat for Humanity Minor Home Repair Program, and Self-Help Enterprises Senior Mobile Home Repair Program.

The HOME data provided above includes client data from the HOME Tenant-Based Rental Program (TBRA), Sequoia Village Project, and five single-family homes constructed on NW 5th Avenue and N Court Street.
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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Visalia, in partnership with the Kings/Tulare Homeless Alliance (KTHA), works diligently to address homelessness within the city. KTHA serves as the local continuum of care coordinating efforts amongst service providers, faith -based partners, g overnmental agencies, and other key stakeholders.

KTHA hosts multiple monthly meetings such as the Case Management Roundtable and Community/Stakeholder meeting.

KTHA operated the Visalia Local Initiatives Navigation Center (LINC) for people experiencing homelessness each Monday at the Visalia Rescue Mission to provide emergency outreach services, wrap -around services, mental health assessments/enrollments, housing counseling, free birth certificates, CA ID vouchers, mainstream benefit enrollments, social security advocacy, substance abuse referrals/enrollments, veteran services, food assistance, and hygiene kits.

KTHA also coordinated the annual Point in Time (PIT) count the final week of January 2023. The 2023 PIT count resulted in 434 people experiencing homelessness, of which are 144 are chronically homeless in the City of Visalia. This year’s PIT count was done simply street canvassing, rather than in conjunction with a Project Homeless Connect (PHC) event. Since the Coronavirus Pandemic the PIT count is no longer conducted in collaboration with a Project Homeless Connect (PHC) event.

The Coordinated Entry System, operated by KTHA, includes virtually all homeless service providers within the City of Visalia. In addition to the Every Door Open approach, people experiencing homelessness can have an assessment completed by contacting 2-1-1.

Addressing the emergency shelter and transitional housing needs of homeless persons Within the City of Visalia, there are several programs that provide emergency shelter and transitional housing for people experiencing homelessness:

Program
Type Organization Name Program Name Total Beds
ES Family Services of Tulare County Karen's House 33
ES SSVF EHA Tulare County 16
ES RH Community Builders Sequoia Village 50
ES Visalia Rescue Mission ONG 17
ES Visalia Rescue Mission Shelter of Hope 28
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ES Visalia Warming Center Visalia Warming Center 70
Total 214
TH Self-Help Enterprises Eden House 22
TH EMQ Families First Inc. Crossroads T.A.Y. Housing 10 TH Family Services of Tulare County Transitional Housing + Services 10 TH Visalia Rescue Mission House of Hope 15
TH Visalia Rescue Mission House of Restoration 26
TH Visalia Rescue Mission Women's Transitional Program 4 Total 87
ES=Emergency Shelter
TH=Transitional Housing

Table 14– Homeless Program Type, Organization Name and Number of Beds

The Visalia Warming Center operated a low barrier seasonal shelter from 12/15/2022 to 4/30/2023. 955 unduplicated people were served during this year. The Warming Center was extended from March 1st to April 30th to provide overnight emergency shelter during the State of Emergency flood that took place in March and April this year. Rising temperatures melted mountain snow at record levels causing a significant amount of flooding in Countywide. To protect our homel ess population, the Warming Center remained open throughout the State of Emergency flooding.

The Visalia Warming Center partnered with Tulare County Health and Human Services Agency (HHSA), and Kings/Tulare Homeless Alliance (KTHA) to provide housing assessments, mental health assistance, as well as other supports as needed. The FY 202 2 Visalia Warming Center provided shelter to 98 senior citizens, 193 severely disabled , and 200 new clients were entered into the Homeless Management Information System (HMIS) to begin housing placement.

In response to the COVID -19 Pandemic, KTHA, in partnership with Tulare County HHSA and other non - profits, launched the Project Roomkey (PRK) program , then in PY 2022 converted into Project Homekey (PHK). PRK and PHK was funded through the State of California as part of their efforts to combat COVID-

19. PHK along with City HOME funds converted 50-units into Permanent Supportive Housing (PSH) units for people experiencing homelessness at the Sequoia Village in Visalia with wrap around services and case management.

Eden House is a 22-bed transitional bridge housing facility for adults who are experiencing homelessness awaiting a permanent unit in Tulare County. The project is a partnership between Mental Health Services, Self-Help Enterprise, the County of Tulare, the City of Visalia, and the City of Tulare. Mental Health Services Turn Behavioral Health Systems staff provides residents services to successfully transition them from bridge housing to permanent housing. Services include housing and supportive services, daily meals, vocation support, daily living skills training, and linkages to community resources. The program receives referrals from the Coordinated Entry System.

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Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Several community partners offer local residents services which are designed to help with housing retention. Community residents can access up-to-date prevention resources by calling the local 2-1-1 line. Call center operators through 2-1-1 are able to pre-screen clients for eligibility and provide up-to- date information on program availability.

CalWorks eligible families are able to access housing assistance through the Housing Support Program and Bringing Families Home programs. These programs can assist with short term rental assistance and utility deposits for households faced with eviction.

Through a partnership between Tulare County HHSA and Uplift Families, there are 10 transitional housing beds available for youth exiting foster care. The program offers housing along with intensive wrap around services to assist participants in becoming self-sufficient.

Kaweah Delta Healthcare District has a Bridge Program that works directly with frequent users of the emergency room as well as homeless patients awaiting discharge. The Bridge team prioritizes these patients and works diligently to connect them to mainstream benefits and housing resources in an effort to minimize discharges to homelessness.

The Alliance also has an SSI/SSDI Advocacy, Outreach and Access (SOAR) program. This national project is designed to increase access to the disability income benefit programs administered by the Social Security Administration (SSA) for eligible adults who are homeless or at risk of homelessness and have a mental illness and/or a co-occurring substance use disorder. Assisting clients through SOAR results in expeditious benefit awards and additional funding through Medicaid reimbursements. Access to these benefits greatly increases housing stability and retention rates among recipients.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City partners with the Workforce Investment Board of Tulare County (WIB) and Community Services and Employment Training, Inc. (CSET) to administer the Environmental Cleanup Opportunities (ECO) 246

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project. The ECO project provides people experiencing homelessness with employment skills while addressing a community need, by cleaning up the community.

In Level I, participants work for 12 weeks, 20-hours per week, on City of Visalia cleanup projects. After the 12 weeks are completed, ECO crew members will begin an extensive job search for regular employment. In Level II, participants gain additional skills and increased responsibilities as they work full-time for six weeks. Upon successful completion of Level II, participants will be encouraged to apply for job openings in the public and private sector.

The Alliance continues to utilize the Landlord Mitigation Fund to increase the inventory of landlords and property managers willing to lease units to people experiencing homelessness. The fund is designed to incentivize Landlords to relax screening criteria for people who are experiencing homelessness and who may have barriers that prevent them from securing housing on their own, such as poor credit and past evictions. By offering a Fund to mitigate Landlord exposure to the increased costs of renting to people experiencing homelessness including excess damage and unpaid rent, a strong relationship can be created with Landlords who otherwise may not lease to individuals and families experiencing homelessness.

The Coordinated Entry System continues to focus efforts on working with the top forty households of each intervention type on the Housing Priority List to get them document ready. This focus has reduced the amount of time that people spend on the streets waiting to be placed once a unit becomes available.

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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing.

The Housing Authority of Tulare County (HATC) continues to own and manage 179 units in the City of Visalia. They have indicated that there are no plans to purchase additional or remove any public-housing units from their inventory. HATC’s projection is that there will be an investment of $375,000 in Tulare County Housing Authority's Capital Fund improvements. The noted expenditures will cover maintenance and rehabilitation in public-housing units within the City of Visalia. HATC's Capital Fund expenditures will cover a large range of projects, including roofing replacement, landscaping improvements, carpet replacement, and Air Conditioning and Heating unit improvements.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership.

HATC is proactive in the inclusion of public-housing residents in the policy making process. An equitable and transparent policy making process that includes the opinions of public housing residents is achieved through the participation of two tenant commissioners on HATC's Board. HATC has installed a Resident Counsel which is made up of five residents from all HUD funded programs (Multifamily Housing, LIHTC, HOME, Section 8 Housing Choice Vouchers, and public housing). The Resident Counsel works with HATC staff on evaluating the effectiveness and efficiency of HATC rental assistance programs. This provides members the opportunity to contribute input on necessary program modifications.

HATC provides two annual public hearings. The first is to inform and discuss their agency’s submittal of the Moving to Work (MTW) Annual Plan to HUD. This plan outlines proposed budgetary and policy modifications to their rental assistance and affordable housing programs. The second public hearing is to review and discuss the agency’s submission of its MTW Annual Report to HUD. This report analyzes the outcomes of the objectives outlined in the aforementioned MTW Annual Plan. Public notices informing Tulare County residents of the public hearings are published in the local newspaper.

HATC goal is for each tenant to promote to self-sufficiency. Client homeownership is one of the top long-term goals for all their clients. HATC staff works with tenants to provide them with the necessary resources to achieve homeownership. Their Annual Re-Examination Notice provides public-housing participants with an extensive referral list that aids homeownership. Their list includes programs managed by: CSET, City of Visalia, Habitat for Humanity, CalHFA, and Self-Help Enterprises. HATC's program coordinator works with interested public housing tenants to effectively inform them of all the programs that are available. HATC is also part of the Tulare County Housing Resource Fair, an event that provides first time homebuyer programs.

Actions taken to provide assistance to troubled PHAs.

The Housing Authority of Tulare County is not determined to be troubled. 248

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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City actively monitors its existing zoning and development standards to ensure their necessity and efficiency for achieving the goal of safe and livable housing available for all income categories.

Off-street Parking Standards: The City’s parking requirements provide for parking concessions within affordable housing developments. Parking requirements do not require enclosed or covered parking structures in multifamily housing developments, which minimizes the cost for market rate units. The City’s parking requirement for multi-family developments is 1.5 spaces per unit. This automatically applies to market rate units and is essential for that type of tenant. Single room occupancy units do not require any tenant parking, apartments for seniors require only one space per unit, and affordable housing projects can reduce the onsite parking requirements.

Building Codes: Building codes set guidelines that identify minimum standards to ensure building and non-building structures protect the health and safety of the community. Local building codes, however, often mandate that costly improvements be made to meet regulation requirements. The City adopted the 2016 California Building Code (CBC). The City has not made any amendments nor changes to the 2016 CBC. The City’s building codes prove to be in line with those of other California jurisdictions and do not have negative consequences on the development of affordable housing in the City.

The City of Visalia adopted the Housing Element for the Fiscal Years 2020 -2023 on December 3, 2019. The Housing Element was certified by the State of California, Department of Housing and Community development on January 23, 2020. The Housing Element specifically sets policies and their related programs to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing were reviewed. The Housing element includes:
• Increase permitted by right unit size from 60 to 80 units and increase height to four stories. (HE Programs 1.4 and 1.7)
• Eliminating occupant size for Supportive and Transitional housing units to be permitted by right (HE Programs 5.3 and 9.10)
• Increasing Farmworker housing units permitted by right from 6 persons to 12 units or 33 beds (HE Programs 5.9 and 5.10)
• Adding a Zoning ordinance clause that exempts structures or devices to facilitate handicapped accessibility from the Zoning Code standards (such as wheelchair ramps encroaching into required setbacks) (HE Program 5.3 and 5.8).
• Conduct a transportation analysis to ensure that existing and new high density residential zones contained in the Affordable Housing Land Inventory are optimally served by public transit and 249

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alternative transportation modes. The Visalia Long Range Transportation Plan (VLRTP) includes a narrative and map that demonstrate transit routes coincide with higher density land uses and provide connection to key employment and services areas. (HE Program 9.9) • Annual reconciliation of residential development on land listed in the Regional Housing Needs Allocation (RHNA) Sites Inventory; including mandatory requirement to either: 1) develop land at no less than the anticipated density; or 2) identify offset sites not already listed on the Sites Inventory to make up the difference in anticipated/ density (HE Programs 9.4 and 9.5) • Amended Zoning Ordinance Section 17.32.040 (Planned Mobile Home Parks) by revising the allowed density to be that of the underlying zone district, and development standards to be more in line with the single-family residential zone district. (HE Program 3.19) Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City of Visalia, in partnership with the Kings/Tulare Homeless Alliance (Alliance), has continued its work on a variety of strategies that address the needs of homeless persons in the community. The Kings/Tulare Homeless Alliance (Alliance), which serves as the local continuum of care, continues to operate under phase three of its Coordinated Entry System (CES). Virtually all homeless service providers within Visalia serve as entry points for the CES. In addition to Every Door Open approach, people experiencing homelessness can have an assessment completed by contacting 2-1-1 or directly through the outreach team.

KTHA partnered with Kaweah Delta Healthcare District, Tulare County Health and Human Services Agency, and Kings View PATH program to establish a Street Medicine program. This program was designed to connect people who are experiencing homelessness to COVID-19 testing and vaccines, medical services including prescription medication and wound care, housing support, and other wrap- around services.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) For all the City’s housing programs, applicants are informed of the danger of lead-based paint through a brochure as part of the application process. In addition, City building inspectors are alerted to signs of this hazard as they perform their substandard housing inspections. All housing owners and occupants with which the City interacts through its various programs are required to abate this hazard as a condition of assistance.

The contractor is required to utilize safe practices and obtain certification through a HUD certified lead testing agency when working with the City’s funds or its partners. The City’s partners are required to conduct lead testing, abatement and use safe practices when utilizing city resources.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The implementation of CDBG activities meeting the goals established in the 2020-2024 Consolidated 250

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Plan – Strategic Plan will help to reduce the number of poverty-level families by: Supporting activities that expand the supply of housing that is affordable to low- and moderate income households; Supporting activities that preserve the supply of decent housing that is affordable to low- and moderate- income households; Supporting a continuum of housing and public service programs to prevent and eliminate homelessness; Supporting housing preservation programs that assure low income households had a safe, decent and appropriate place to live; Support public services for low- and moderate-income residents including those with special needs and those at-risk of homelessness; and Promoting economic opportunity for low-and moderate-income residents.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) Visalia is a charter city and is managed utilizing the council-manager form of government. The five- person City Council provides policy direction to the City Manager who is responsible for administering City operations. The City Manager is appointed by the City Council to carry out policy and ensure that the entire community is being served. The City Council is the legislative body, and its members are the leaders and policy makers elected to represent the community and to concentrate on policy issues that are responsive to citizens’ needs and wishes.

The Finance Department Director oversees the administration of the day-to-day activities of the CDBG, CalHome, NSP1, HOME and Housing Fund programs. Staff works together with various City departments and with the community to develop programs and activities that address high priority needs, to improve low- and moderate-income housing opportunities and neighborhoods throughout Visalia.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City will continue to participate in monthly Alliance meetings, which are attended by various governmental departments and service providers to share information on existing programs and areas for improvement to enhance coordination and exchange knowledge of best practices to better understand and address the community’s needs, it is also used as a platform for agencies to coordinate services and to address unmet needs, ensuring that resources are leveraged and not duplicated.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) This section provides a summary of the actions taken by the City of Visalia to further fair housing and overcome the effects of any impediments identified in the City’s analysis of impediments to fair housing choice. The City of Visalia is addressing impediments as described in the Analysis of Impediments to Fair Housing Choice (AI) 2020-2024. The City of Visalia, and subrecipients of CDBG and HOME funding activities, affirmatively further fair housing.

City of Visalia Fair Housing Accomplishments:
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• Provided Tenant-Based Rental Assistance (TBRA) to low-income people experiencing homelessness.
• Provided fair housing informational flyers in English and Spanish on the City’s website. • Collaborating with Central California Fair Housing Council to conduct fair housing workshops to educate residents about fair housing rights.
• Staff attends ongoing fair housing training sessions.

The City adheres federal fair housing laws that prohibit discrimination in all aspects of housing, including the sale, rental, lease, or negation of real property. The City adheres the Fair Housing Act based on the following protected classes: race or color, religion, sex, familiar status, national origin, disability (mental or physical).
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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City utilizes AmeriNat for loan servicing. AmeriNat monitors the City’s loan portfolio on a monthly basis for conformity with loan payments, tax & insurance, and delinquencies. City staff also works closely with AmeriNat and borrowers to re-certify first time homebuyer’s ability to begin making monthly payments or determine that deferral of payments should continue for an additional term. Additionally, on a bi-annual basis, AmeriNat annually obtains an affidavit of ownership. This assists the City in maintaining participant compliance with each program.

The City has compliance monitoring guidelines for its CDBG and HOME funds with priority given to activities that benefit low- and moderate-income persons. The City is continuing its efforts of updating Policy and Procedure manuals to reflect the most recent Building Code, City Policies, Monitoring Policies and CDBG/HOME Regulations, as well as preparing detailed agreements with developers, sub-recipients and/or construction managers that outline federal regulations and performance standards.

MBE/WBE Outreach: The City of Visalia, as referenced within its purchasing policies and procedures, chapter 8, encourages all segments of society to participate by demonstrating support for small, disadvantaged and minority-owned businesses.

Fair Housing/Section 3 Compliance: The City ensures compliance with Fair Housing and best efforts with Section 3 during the process of awarding contracts to selected agencies/contractors to support low- and moderating income residents.

The City has compliance monitoring guidelines for its CDBG and HOME funds with priority given to activities that benefit low- and moderate-income persons. The monitoring process includes:
• Routine Monitoring Responsibilities by City Staff Risk Analysis Monitoring Schedule In-Depth Monitoring and Onsite Reviews Monthly/Quarterly Status Report File Review or “Desk Review” (offsite)Financial Review Site Review After completion of the onsite visit, follow up steps are completed the monitoring report must include the reasons underlying all conclusions.

CDBG includes the following Project Management tasks/monitoring:

1. Each project utilizing CDBG funds is managed by a project manager.

2. The project manager monitors the use of the funds and is the “Labor Standards Coordinator,” having responsibility for National Environmental Policy Act compliance and CDBG labor standards compliance and reporting, as well as Section 3 requirements. 253

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3. A CDBG Project Compliance Manual has been prepared and is issued to all project managers in the City.

4. Records shall be maintained from the inception of the project, documenting the compliance requirements for receiving this federal funding.

5. A separate Labor Standards Enforcement file shall be maintained.

6. A record-keeping action checklist, issued by HUD, as well as a CDBG Project Compliance Record Summary, shall be complied with.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The City ensures compliance with programs and projects by incorporating accounting principles, conducting single audits, reviewing & updating guidelines & procedures, monitoring, and following HUD requirements. The City of Visalia considers Citizen Participation an important component in improving the quality of life in our neighborhoods and encourages residents to become involved. When comments are made, a Summary of citizen comments related to the CAPER is included.

Staff also meets with the City Manager, Department Managers, and project managers to ensure progress is occurring for each project. Overall, additional meetings are held with Staff responsible for the administration of the CDBG and HOME funding to discuss the high priority needs, un-programmed PI, projects, programs, and recommended funding allocations. Community meetings are held to obtain comments, recommendations and support of ongoing, substantial amendments and new projects.

The PY 2022 CAPER public comment period was held from August 18, 2023 through September 18, 2023. PY 2022 CAPER English and Spanish Public Notices published in the Visalia Times Delta on August 18, 2023 and September 1, 2023. The draft CAPER was available to the public via the City’s Website at www.visalia.city. Additionally, the public notices were submitted to the Tulare and Kings Continuum of Care, now known as “The Alliance” to share with their listserv recipients. A community meeting was held during the Citizen’s Advisory Committee on September 6, 2023, at 5:30pm. A public hearing was held on September 18, 2023, at 7:00pm during a City Council meeting. 254

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CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City continues to take a proactive approach and continually evaluates programs, projects, policies, and activities to ensure they are meeting targeted goals as well as keeping in line with current levels of funding. Based on experience, difficult and strategic recommendations are made to City Council. For example, when funding is not moving quickly, an alternate priority need project or program is recommended. Council gives the City Manager the authority to redirect funds based upon certain criteria and/or timelines. The CDBG timely expenditure ratios and HOME CHDO commitment and expenditure deadlines are monitored closely. Staff directs funding toward core programs established during the previous year and identified within the Five-Year ConPlan.

The City’s Citizens Participation Plan allows minor and technical amendments to be reviewed and authorized by the City Manager. All substantial amendments, resulting in a 75% reallocation of funding, are taken to City Council through a public hearing as well as community meetings for public input. The reallocation of funding may occur throughout the year for both CDBG and HOME and is documented by way of a memo submitted to the City Manager for review and approval.

Objectives have not changed in working toward meeting high priority needs. As a result of the needs identified through meetings with non-profit housing and service providers, City Manager and Council, HOME and CDBG funding was approved to assist in meeting the needs of Visalia’s homeless population through TBRA and Public Services.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

N/A

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CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.

The HOME and RDA Successor Agency Housing on-sight monitoring of Kaweah Management Company (KMC) East Kaweah (8-units), Santa Fe (6-units), Willowbrook (10-units), Encina Triplex (3-units), Transitional Mental Health (18-units), and Oak Meadows (59-units) apartment rental projects occurred during in the Program Year 2022-2022. No findings were noted, however, there were minor repairs.

Oversight monitoring occurred through building inspections, invoice reviews, annual rent approval and site visits.

The HOME TBRA program requires detailed review of applications, lease and lease addendums, income determinations and rents prior to committing funds to the eligible tenant.

Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.

92.351(b)
The City contracted with the Fair Housing Council of Central California (FHCCC) to provide education on fair housing and conduct testing. FHCCC is also tracking the number of callers requesting information on Fair Housing, people assisted, and more.

The City, and its partners, publish the Fair Housing logo on all applications and information flyers, collect data related to applicants, and publish affordable housing programs on its website.

Additional outreach efforts include working with local lenders to promote affordable housing programs.

The City requires its partners to provide affirmative marketing plans as part of its process in providing funding.

Additionally, the City requires its partners, who provide affordable housing, to require participants of programs to attend housing counseling services. The City also partners with non-profit developers and requires that a marketing plan be submitted with proposals to affirm marketing efforts.

Data on the amount and use of program income for projects, including the number of projects and owner and tenant characteristics.

The City Council approved the use of HOME program Income funding toward various projects and allowed 10% Program Income Administration. Projects that utilized PI, and EN, include:
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• SHE CHDO Acq/Rehab single family projects,
• The Lofts Project, and
• Tenant Based Rental Assistance
See CR-15 which reflects the Program Income received during the year, and CR-10 (Number of HOME- assisted activities completed during the Program Year). The total PI drawn (expended) during the year, referenced on the PR-09 report, was $259,063, including Program Income Administration.

Self-Help Enterprises (SHE) will utilize both HOME PI and EN -HOME CHDO funding toward the construction of five (5) single family dwellings on NW 5th street for low-moderate-income households at 80% of the area median income level. SHE will also utilize HOME EN and HOME PI for the development of the Lofts Project for low-income households at or below 60% of the area median income level.

Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics The City Council approved the use of HOME program Income funding toward various projects and allowed 10% Program Income Administration. Projects that utilized PI, and EN, included:
• SHE CHDO Acq/Rehab single family projects, and
• Tenant Based Rental Assistance
See CR-15 which reflects the Program Income received during the year, and CR-10 (Number of HOME- assisted activities completed during the Program Year). The total PI drawn (expended) during the year, referenced on the PR-09 report, was $259,063, including Program Income Administration.

SHE will be utilized both HOME PI and EN -HOME CHDO funding toward the construction of five (5) single family dwellings on NW 5th Avenue and N Court St.

Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing).

91.320(j)
The HOME program objectives continue with promoting, maintaining, and providing affordable housing working with non-profit agencies. Specifically, the programs administered were:
• HOME Tenant Based Rental Assistance (TBRA): The TBRA program provides gap rental assistance to Visalia’s homeless population up to 24 months. • HOME SHE Acq/Rehab/Resell and Acq/Rehab/Rent Projects: The City has provided HOME-CHDO funding to its certified non-profit agency, Self Help Enterprises. Self Help will be utilizing the funds toward the construction of five (5) single family dwellings on NW 5th Street. The homes will be sold to income qualifying households.
• The Lofts Project: Construction of an 80-mixed use affordable housing complex. The project will 257

City of Visalia Draft PY 2022 CAPER Page 31

provide 79-residential units for households at or below 60% of the area median income level, and 1-onsite manager unit, 11 floating units will be HOME assisted. • Sequoia Village: Conversion of a 50-unit motel into 50 permanent supportive housing units for people experiencing homelessness at or below 30% of the area median income level.

Housing Counseling is required for all housing participants. Such services are provided by HUD-certified housing counseling agencies: Community Service Employment Training, Inc. (CSET) and Self-Help Enterprises, Inc. (SHE).

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Attachment A: Accomplishments
• Attachment A-1: Cover Page
• Attachment A-2: Table 1 Expenditures and Accomplishments • Attachment A-3: City Council Staff Report
• Attachment A-4: City Council Resolution

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Attachment A-1: Cover Page

260

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Attachment A-2: 2022/23 HOME & CDBG Expenditures and Accomplishments

261

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Attachment A-3: City Council Staff Report
To be added.

262

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Attachment A-4: City Council Resolution
To be added.
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Attachment B: Citizen Participation
• Attachment B-1: Public Notice - English
• Attachment B-2: Public Notice – Legal Ad English
• Attachment B-3: Public Notice – Legal Ad English Certification • Attachment B-4: Public Notice – Spanish
• Attachment B-5: Public Notice – Legal Ad Spanish
• Attachment B-6: Public Notice – Legal Ad Spanish Certification • Attachment B-7: City Website – CDBG Public Notice Page • Attachment B-8: Continuum of Care Listserv Posts
• Attachment B-9: Citizen Participation Summary

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Attachment B-1: Public Notice –English

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Attachment B-2: Public Notice – Legal Ad
City of Visalia
Public Notice of the Draft
2022 Consolidated Annual Performance Evaluation Report
and 2023 Annual Action Plan Amendment
August 18, 2023 – September 18, 2023

Notice is hereby given that the City of Visalia is seeking input on the Draft Program Year (PY) 2022 Consolidated Annual Performance and Evaluation Report (CAPER) and PY 2023 Annual Action Plan Amendment. The PY 2022 CAPER consists of an annual assessment of the Community Development Block Grant (CDBG), and HOME Investment Partnerships Grant (HOME) funds for PY 2022. The PY 2023 Annual Action Plan Amendment includes the summary of actions and activities for the year to address priority needs and goals identified by the 5-year Consolidated Plan. The public comment period for the PY 2022 CAPER and PY 2023 Annual Action Plan Amendment is August 18, 2023 – September 18, 2023.

The draft PY 2022 CAPER and PY 2023 Annual Action Plan Amendment is available for public review on the City’s website at www.visalia.city/depts/finance/housing_n_cdbg_services/public_notices.asp.

Staff invites you to attend the upcoming community meeting and/or public hearing:

• Citizens Advisory Committee - September 6, 2023, at 5:30pm at 220 N. Santa Fe St., Visalia • Public Hearing - September 18, 2023, at 7:00pm at 707 W. Acequia Ave., Visalia

If you are unable to attend a community meeting and/or public hearing, you may submit your comments in writing to Margie Perez, Housing Specialist at [email protected].

In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings call (559) 713-4512 48-hours in advance of the meeting. For Hearing Impaired call (559) 713- 4900 (TTY) 48-hours in advance of the scheduled meeting time to request services.

Published: 8/15/23, 8/18/23, & 9/1/23

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Attachment B-3: Public Notice Legal Ad English Certification To be added.

267

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Attachment B-4: Public Notice- Spanish

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Attachment B-5: Public Notice Legal Ad - Spanish
Ciudad de Visalia
Aviso público del borrador
Informe de Evaluación de Desempeño Anual Consolidado 2022 y Enmienda al Plan de Acción Anual 2023
18 de agosto de 2023 – 18 de septiembre de 2023

Por la presente se da aviso de que la Ciudad de Visalia está buscando aportes sobre el Informe de Evaluación y Desempeño Anual Consolidado (CAPER) del Año del Programa Preliminar (PY) 2022 y la Enmienda al Plan de Acción Anual PY 2023. El CAPER PY 2022 consiste en una evaluación anual de los fondos de la Subvención en Bloque para el Desarrollo Comunitario (CDBG) y la Subvención de Asociaciones de Inversión HOME (HOME) para el PY 2022. La Enmienda del Plan de Acción Anual PY 2023 incluye el resumen de acciones y actividades para el año para abordar las necesidades y metas prioritarias identificadas por el Plan Consolidado de 5 años. El período de comentarios públicos para la Enmienda del Plan de Acción Anual PY 2023 y CAPER PY 2022 es del 18 de agosto de 2023 al 18 de septiembre de 2023. El borrador de la Enmienda del Plan de Acción Anual PY 2022 CAPER y PY 2023 está disponible para revisión pública en el sitio web de la Ciudad en:
www.visalia.city/depts/finance/housing_n_cdbg_services/public_notices.asp El personal lo invita a asistir a la próxima reunión comunitaria y/o audiencia pública:
• Comité Asesor de Ciudadanos - 6 de septiembre de 2023, a las 5:30 p. m. en 220 N. Santa Fe St., Visalia
• Audiencia pública - 18 de septiembre de 2023, a las 7:00 p. m. en 707 W. Acequia Ave., Visalia Si no puede asistir a una reunión comunitaria y/o audiencia pública, puede enviar sus comentarios por escrito a Margie Perez, especialista en vivienda a [email protected].

En cumplimiento con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en las reuniones, llame al (559) 713-4512 48 horas antes de la reunión. Para personas con discapacidad auditiva, llame al (559) 713-4900 (TTY) 48 horas antes de la hora de la reunión programada para solicitar servicios.

Publicado: 15/8/23, 18/8/23 y 1/9/23

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Attachment B-6: Public Notice Legal Ad Spanish Certification To be added.

270

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Attachment B-7: City Website – CDBG Public Notice Page

271

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Attachment B-8: Continuum of Care Listserv Post

272

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Attachment B-9: Citizen Participation Summary
The City of Visalia Program Year (PY) 2022 CAPER public comment period was held from August 18, 2023 through September 18, 2023. A public notice was published in Visalia Times Delta on 8/15/23, 8/18/23, and 9/1/23 in English and Spanish to inform the public of the opportunity to review and comment on the PY 2022 draft CAPER. Public notices were posted on the City’s website on the home page as well as on the housing department public notices page. A public notice was also posted on the City of Visalia Facebook page. Public notices were also posted at the following city locations:
• City Hall – 707 W. Acequia Avenue, Visalia, CA 93291
• City of Visalia Administration – 220 N. Santa Fe Street, Visalia, CA 93292 • Visalia Transit – 425 E. Oak Avenue #301, Visalia, CA 93291 • City of Visalia Community Development – 315 E. Acequia Avenue, Visalia, CA 93291 Public notices were also sent on the Kings Tulare Homeless Alliance Continuum of Care listserv to 450 stakeholders throughout Tulare and Kings County.

The following public meetings were to allow the public to comment on the draft PY 2022 CAPER:
• Citizen Advisory Committee Meeting – September 6, 2023 at 5:30pm o City of Visalia Administration at 220 N. Santa Fe St., Visalia, CA 93291 • Public Hearing – September 18, 2023 at 7:00pm
o Council Chambers at 707 W. Acequia Avenue, Visalia, CA 93291 Public comments received during the public comment period will be added.

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Attachment C: Continuum of Care Reports
• Attachment C-1: Point in Time Survey Report
• Attachment C-2: Point in Time Survey Results

274

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Attachment C-1: Point in Time Survey Report

275

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276

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277

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Attachment C-2: Point in Time Survey Results
City of Visalia Survey Results

278

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Tulare County Survey Results

279

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280

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281

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Attachment D: IDIS Reports
• Attachment D-1: PR-26 CDBG Financial Summary Report
• Attachment D-2: PR-26 CDBG-CV Financial Summary
• Attachment D-3: PR-09 CDBG Program Income Detail Report • Attachment D-4: PR-02 CDBG Project Activities Report
• Attachment D-5: PR-23 CDBG Accomplishments

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Attachment D-1: PR-26 CDBG Financial Summary Report

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284

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285

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Attachment D-2: PR-26 CDBG-CV Financial Summary Report

286

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287

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Attachment D-3: PR-09 CDBG Program Income Detail Report

288

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289

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Attachment D-4: PR-02 CDBG Project Activities Report

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Attachment D-5: PR 23 CDBG Accomplishments

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292
FY 2022/23 Consolidated
Annual Performance &
Evaluation Report (CAPER)

CITY COUNCIL MEETING
SEPTEMBER 18, 2023
293
CAPER Purpose
Goals identified as High Priority in the 5-year
Consolidated Plan Needs Assessment.

The CAPER reports CDBG & HOME
accomplishments FY 22/23 (7/1/22 – 6/30/23).
294
Public
Comment
Period
Public Comment Period
•August 18 - September 18, 2023
Citizens Advisory Committee
•September 6, 2023
Public Hearing
•September 18, 2023
295
FY 2022/23 CDBG Resources
Annual Grant
$1,183,482
Prior Years Funds
$1,834,163
Program Income
$231,111
Total 2022
CDBG Funds
$3,248,756
296
Table 1: FY 2022/23 CDBG Expenses & Accomplishments
Activity Expense Accomplishment
CDBG Administration $ 264,036 N/A
Public Services:

Kings Tulare Homeless Alliance - Continuum of Care $ 16,664 PIT Count 434 Individuals Family Services - Voucher Program 45,000 13 Units
Kings View - PATH Program 34,983 28 Individuals Assisted Self-Help Enterprises - COVID Rental/Mortgage Assistance 182,944 49 Rental/16 Mortgage Assisted Total Public Services $ 279,591
Affordable Housing:

Habitat for Humanity - Emergency Home Repair & ADA Program $ 29,925 3 Units Self-Help Enterprises - Senior Mobile Home Repair Program 41,412 2 Units Code Enforcement 184,806 180 Citations/135 Corrected
Total Affordable Housing $ 256,143
Public Facility Improvements:

ADA Audible Pedestrian Signals $ 88,634 3,000 Individuals ADA Transit Pathway 34,980 3,000 Individuals
Navigation Center 760,669 100 beds
Total Public Facility Improvements $ 884,283
Total FY 22/23 CDBG Expenditures $ 1,684,053 297
CDBG Accomplishments
• ADA Audible
Pedestrian Signals
• Installed at 6
intersections on
Santa Fe from
Murray Ave to
Noble Ave.
298
Future CDBG Projects
ADA Transit Pathway
• ADA sidewalk improvements from Transit Center to Main Street.

Navigation Center
• 100-bed low-barrier Navigation Center.

ADA Tree Wells
• ADA tree wells replacement in downtown.
299
FY 2022/23 HOME Resources
Annual Grant
$546,791

HOME-ARP
$1,836,171
Prior Years
Funds
$1,409,908
Program
Income
$259,063
Total 2022
HOME Funds
$4,051,932
300
FY 2022/23 HOME Expenses & Accomplishments
Table 2: FY 2022/23 HOME Expenses & Accomplishments
Activity Expense Accomplishment
HOME Administration $ 17,549 N/A
HOME-ARP Administration 1,384 N/A
Family Services TBRA Program 5,423 3 Units
NW 5th Avenue - CHDO Project 1,029,102 5 Single-Family Homes Homebuyer Assistance 165,000 4 Homebuyers
Sequoia Village Project 430,899 50 Units
The Loft's Project 567,788 80 Units/11 HOME Units
Total FY 2022/23 HOME Expenditures $ 2,217,145
301
HOME Accomplishments – CHDO Project
• NW 5th Avenue Project - 5 Single-Family Homes
302
HOME Accomplishments
• Sequoia Village
50-unit Permanent
Supportive Housing
(PSH) Project
303
Future HOME Projects
•80 units/11 HOME unitsThe Lofts Project
•42 PSH unitsThe Majestic Project
•80 units/11 HOME units Rancho Colegio –
HOME CHDO Project
304
Staff Recommends
Conduct •Conduct a public hearing.

Motion •Motion to approve the 2022 CAPER.

Authorize •Authorize submission to HUD.
305
FY 2023/2024 CDBG
Annual Action Plan
Amendment
•
City Council Meeting
•
September 18, 2023
306
Community Development Block Grant (CDBG)
Funding Process
Amendments Appropriate unspent funds and/or additional funds received.

Annual Action
Plan Implements ConPlan approved projects.
5-Year ConPlan Establishes project goals.
307
Amendment Process – Public Comment Period
308
Table 1: FY 2023/24 CDBG Action Plan Amendment
Resources: Budget Amendment New Total
Grant Allocation $ 1,206,775 $ - $ 1,206,775 Program Income 50,000 400,000 450,000
Prior Year Resources - 200,000 200,000
Total Projected Resources $ 1,256,775 $ 600,000 $ 1,856,775 Expenses:

Administration $ 250,000 $ - $ 250,000 Kings Tulare Homeless Alliance 20,000 - 20,000
Family Services - Voucher Program 50,000 - 50,000
Kings View - PATH Program 50,000 - 50,000
Fair Housing 7,500 - 7,500
Senior Mobile Home Repair Program 75,000 - 75,000
Code Enforcement 175,000 - 175,000
ADA Tree Wells 629,275 (529,275) 100,000
Navigation Center - 1,129,275 1,129,275
Total CDBG Expenditures $ 1,256,775 $ 600,000 $ 1,856,775 309 Staff Recommends
•Conduct a public hearing.Conduct
•Motion to approve the 2023
AAP Amendment.Motion
•Authorize submission to HUD.Authorize
310
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0303 Agenda Date: 9/18/2023 Agenda #: 4.

Agenda Item Wording:

Public Hearing to approve and adopt the Program Year (PY) 2023/24 Annual Action Plan Amendment for the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) activities and projects.

Deadline for Action: 9/18/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Margie Perez, Housing Specialist, 713-4460, [email protected] <mailto:[email protected]>;
Melody Murch, Assistant Finance Director, 713-4379, [email protected] <mailto:[email protected]>; Renee Nagel, Finance Director, 713-4378, [email protected] <mailto:[email protected]> Department Recommendation:

1. Conduct a Public Hearing, allowing an opportunity for citizens to provide input and comment on the proposed 2023/24 Annual Action Plan Amendment;

2. Adopt and appropriate the FY 2023/24 Annual Action Plan Amendment proposed Community Development Block Grant (CDBG) activities;

3. Authorize City Manager or their designee to enter into all contracts as listed in 2023/24 Annual Action Plan Amendment; and

4. Authorize the City Manager or their designee to submit the 2023/24 Annual Action Plan Amendment to HUD.

Background Discussion:

As an entitlement jurisdiction, the City of Visalia receives approximately $1.2 million annually in Community Development Block Grant (CDBG) funds through the U.S. Department of Housing and Urban Development (HUD). As required by HUD, the City developed and approved a 5-year Consolidated Plan (ConPlan) in April 2020. Once submitted and approved by HUD, the ConPlan guides the use of Visalia’s CDBG allocation. CDBG must be used for approved and eligible activities, to benefit low-income persons and households. HUD also requires the City to develop an Annual Action Plan to establish incremental steps towards meeting the CDBG objectives established in the 5 -year Strategic Plan which is contained within the ConPlan.

On April 20, 2020, Council approved CDBG funding for the development of a Navigation Center in the 5-year ConPlan (FY 2020/21 - 2024/25). On April 18, 2022, the 2022/23 Action Plan was approved, appropriating $2,055,205 in CDBG funding for the development of the Visalia Navigation Center. On August 7, 2023, Council directed staff to amend the 2023/24 Action Plan to transfer $729,275 and appropriate an additional $400,000 in program income for a total of $1,129,275 in Visalia City Council Printed on 9/15/2023Page 1 of 6
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File #: 23-0303 Agenda Date: 9/18/2023 Agenda #: 4.

CDBG development funds to increase funding for development of the Visalia Navigation Center. Staff is now returning to Council for review and approval of the directed amendment during the public comment period.

Staff is also requesting that Council conduct a public hearing to receive public comment on the priorities and activity allocations proposed in the 2023/24 Annual Action Plan Amendment. Tonight’s public hearing will complete the citizen participation process which must be conducted to obtain community input prior to approval and submission of the proposed 2023/24 Annual Action Plan Amendment to HUD. Council is asked to consider the comments, recommendations, and requests for funding as provided in further detail below and provide final approval.

Proposed 2023/24 CDBG Annual Action Plan Amendment:

The proposed 2023/24 CDBG Annual Action Plan Amendment includes the appropriation of $400,000 of additional program income, reprogramming of $200,000 in prior year CDBG resources, and transfer of $529,275 from FY 2023/24 ADA Tree Wells (CP0618) funds for a total of $1,129,275 toward the development of the Visalia Navigation Center (CP0419), as shown below in Table 1: FY 2023/24 CDBG Annual Action Plan Amendment.

Table 1: FY 2023/24 CDBG Annual Action Plan Amendment
Activity Budget Amendment New Total
FY 2023/24 Resources:

FY 23/24 Entitlement $ 1,206,775 $ - $ 1,206,775 FY 23/24 Program Income 50,000 400,000 450,000 Total FY 2023/24 Resources $ 1,256,775 $ 400,000 $ 1,656,775 Prior Year Resources:

FY 22/23 Additional Program Income $ - $ 12,132 $ 12,132 FY 20/21, 21/22, 22/23 Fair Housing (67028) - 22,500 22,500 FY 21/22 CDBG Admin - 46,563 46,563 FY 21/22 Public Services Balance (67062) - 2,400 2,400 FY 22/23 ADA Pedestrian Signals (CP0421) - 11,937 11,937 FY 21/22, 22/23 Senior Mobile Home Repair (67030) - 83,780 83,780 FY 21/22 Emergency Repairs & Basic Needs (67029) - 20,688 20,688 Total Prior Year Resources $ - $ 200,000 $ 200,000 Subtotal FY 2023/24 Projected Resources $ 1,256,775 $ 600,000 $ 1,856,775 Expenses:

Administration $ 250,000 $ - $ 250,000 KTHA/CoC (67062) 20,000 - 20,000 Family Services - Voucher Program (67077) 50,000 - 50,000 Kings View PATH Program (67078) 50,000 - 50,000 Fair Housing (67028) 7,500 - 7,500 Senior Mobile Home Repair Program (67030) 75,000 - 75,000 Code Enforcement (6122) 175,000 - 175,000 ADA Tree Wells (CP0618) 629,275 (529,275) 100,000 Navigation Center (CP0419) $ - $ 1,129,275 $ 1,129,275 Subtotal FY 2023/24 CDBG Expenditures $ 1,256,775 $ 600,000 $ 1,856,775 Visalia City Council Printed on 9/15/2023Page 2 of 6
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File #: 23-0303 Agenda Date: 9/18/2023 Agenda #: 4.

Table 1: FY 2023/24 CDBG Annual Action Plan Amendment
Activity Budget Amendment New Total
FY 2023/24 Resources:

FY 23/24 Entitlement $ 1,206,775 $ - $ 1,206,775 FY 23/24 Program Income 50,000 400,000 450,000 Total FY 2023/24 Resources $ 1,256,775 $ 400,000 $ 1,656,775 Prior Year Resources:

FY 22/23 Additional Program Income $ - $ 12,132 $ 12,132 FY 20/21, 21/22, 22/23 Fair Housing (67028) - 22,500 22,500 FY 21/22 CDBG Admin - 46,563 46,563 FY 21/22 Public Services Balance (67062) - 2,400 2,400 FY 22/23 ADA Pedestrian Signals (CP0421) - 11,937 11,937 FY 21/22, 22/23 Senior Mobile Home Repair (67030) - 83,780 83,780 FY 21/22 Emergency Repairs & Basic Needs (67029) - 20,688 20,688 Total Prior Year Resources $ - $ 200,000 $ 200,000 Subtotal FY 2023/24 Projected Resources $ 1,256,775 $ 600,000 $ 1,856,775 Expenses:

Administration $ 250,000 $ - $ 250,000 KTHA/CoC (67062) 20,000 - 20,000 Family Services - Voucher Program (67077) 50,000 - 50,000 Kings View PATH Program (67078) 50,000 - 50,000 Fair Housing (67028) 7,500 - 7,500 Senior Mobile Home Repair Program (67030) 75,000 - 75,000 Code Enforcement (6122) 175,000 - 175,000 ADA Tree Wells (CP0618) 629,275 (529,275) 100,000 Navigation Center (CP0419) $ - $ 1,129,275 $ 1,129,275 Subtotal FY 2023/24 CDBG Expenditures $ 1,256,775 $ 600,000 $ 1,856,775 The delay in construction of the Visalia Navigation Center along with delays and unspent funds of other projects such as the ADA Transit Pathway Project of $499,940, the Senior Mobile Home Repair Project of $83,780, and Emergency Repair & Accessibility Program of $20,688 caused the City to fall seriously behind in spending CDBG and accumulate a line of credit balance of 2.16 times its annual grant in May 2023. Sixty (60) days prior to the end of the program year, CDBG entitlement grantees, in accordance with the CDBG regulations, must have a combined grant and program income balance remaining in their line of credit which is no greater than one and one-half (1.5 times) the grantees annual grant amount. The City exceeded this "carry forward" limitation in May of 2023 and failure to meet this requirement a second time, in May 2024, would result in the loss of the following year's CDBG annual allocation. To ensure the 2024 CDBG expenditure ratio is met and prevent losing approximately $1.2 million of the anticipated 2024/25 CDBG annual allocation, the City must spend a minimum of $1,811,035 in grant funds and $400,000 in program income funds for a total of $2,211,035 in CDBG funds by March 30, 2024. This time frame will allow for payment of invoices and drawdown of the CDBG funds prior to the HUD deadline of May 2024.

Staff is requesting authorization to transfer CDBG funds to a project that will spend CDBG in a timely manner and meet the City’s 2024 HUD mandated CDBG expenditure ratio. The Navigation Center is the only current CDBG project capable of spending the required amount of funds prior to the deadline discussed above. The ADA Tree Wells Project requires solicitation for bids for project design, completion of the environmental review process, and solicitation for bids for construction. The alternative of reprogramming CDBG funds to a new project that has not yet been identified would require submitting a formal substantial amendment of the 5-year Consolidated Plan to HUD, causing even further delays. To ensure timely spending, and to fund the Visalia Navigation Center development gap, Staff is proposing a substantial 2023/24 Action Plan Amendment to transfer $400,000 in program income, $200,000 in prior year CDBG resources, and $529,275 from ADA Tree Wells (CP0618) for a total of $1,129,275 in CDBG to the Navigation Center development funds (CP0419) as shown above in Table 1: FY 2023/24 CDBG Annual Action Plan Amendment.

The proposed transfer of CDBG resources from the ADA Tree Wells project will delay completion of that project for on program year, allowing more time to complete the required design and environmental work prior to construction.

Visalia Navigation Center Development Funding:

The Visalia Navigation Center CDBG development current budget is $2,055,205, the proposed amendment will add $1,129,275 for a total of $3,184,480 CDBG funding as shown in Table 2: Visalia Navigation Center CDBG Development Funding.

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File #: 23-0303 Agenda Date: 9/18/2023 Agenda #: 4.

Permanent Local Housing Allocation and Successor Agency Housing Funds:

On August 7, 2023, Council authorized staff to prepare an amendment to FY 23/24 Permanent Local Housing Allocation (PLHA) budget once the City has received the FY 2023/24 PLHA annual allocation. This would transfer an estimated $750,000 from Navigation Center operational funding to the development of the Navigation Center. Council also authorized an additional $300,000 in Successor Agency Housing (SAH) funds for the development of the Navigation Center. These two amendments would provide an additional $1,050,000 in development funding to the Navigation Center. The expected development gap at that time was projected to be approximately $1,997,472.

The City also applied for Encampment Resolution Funding for development funding for the Navigation Center and was awaiting award announcements for that grant. As stated in the August 7, 2023, staff report, if the City received an award of Encampment Resolution Funding, the additional PLHA and SAH funding would remain as operational funding for the Navigation Center rather than being transferred to the development funding.

Encampment Resolution Funding:

On August 22, 2023, the City of Visalia was notified of an award of Encampment Resolution Funding Round 2 (ERF-2-R) funding in the amount of $3,628,371. This award of ERF-2-R funds must be used for development of the Navigation Center as stated in the grant application. In additional to this ERF- 2-R award amount, staff recommends adoption of the proposed $1,129,275 in CDBG for development of the Navigation Center to ensure meeting the City’s CDBG expenditure ratio. Staff also recommends the additional FY 2023/24 PLHA and SAH development funds remain in the operating funds for the Navigation Center as stated in the August 7, 2023, staff report, as shown in Table 3: Visalia Navigation Center Development Funding.

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File #: 23-0303 Agenda Date: 9/18/2023 Agenda #: 4.
2023/24 CDBG Annual Action Plan Amendment Public Comment Period:

As required by HUD, a minimum 30-day public comment period is required for a substantial Annual Action Plan Amendment. The 2023/24 Annual Action Plan Amendment public comment period was from August 18, 2023, through September 18, 2023. An English and Spanish public notice was posted in the Visalia Times Delta on August 18, 2023, and September 1, 2023, and published on City social media outlets, the Kings Tulare Homeless Alliance listserv, and the City website during the public comment period. The draft 2023/24 Annual Action Plan Amendment was also presented at the Citizen’s Advisory Committee on September 6, 2023. All comments received during the public comment period and public hearing will be included in the final report to HUD and made available for public review on the City’s website.

Fiscal Impact:

Approval of this item will appropriate $400,000 of additional CDBG program income, reprogram $200,000 of unspent prior year CDBG resources, and transfer $529,275 from FY 2023/24 ADA Tree Wells (CP0618) for a total of $1,129,275 in additional CDBG funds for the development of the Visalia Navigation Center (CP0419). This will require submission of the 2023/24 Annual Action Plan Amendment to HUD in the Integrated Disbursement and Information System (IDIS) to properly track and report on separate activities. In addition, this item will roll prior year CDBG activity balances and appropriate them in the 2023/24 Action Plan as shown in Table 1: 2023/24 CDBG Action Plan Amendment. The proposed Amendment does not include any General Fund funding.

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File #: 23-0303 Agenda Date: 9/18/2023 Agenda #: 4.

Prior Council Action:
● April 20, 2020 - Five-year (2020/21 - 2024/25) Consolidated Plan adoption. ● April 17, 2023 - Program Year 2023 Annual Action Plan adoption. ● August 7, 2023 - Authorization to amend the PY 2023 Annual Action Plan.

Other: N/A
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

Staff recommends that Council:

1. Conduct a Public Hearing, allowing an opportunity for citizens to provide input and comment on the proposed 2023/24 Annual Action Plan Amendment;

2. Adopt and appropriate the FY 2023/24 Annual Action Plan Amendment proposed CDBG activities;

3. Authorize City Manager or their designee enter into all contracts as listed in 2023/24 Annual Action Plan Amendment; and

4. Authorize the City Manager or their designee to submit the 2023/24 Annual Action Plan Amendment to HUD.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Attachment A: Draft 2023/24 Action Plan Amendment, Attachment B: 2023/24 Action Plan Amendment PPT
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Table of Contents

Executive Summary ....................................................................................................................................... 3 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 3 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 7 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................... 8 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 15 Expected Resources .................................................................................................................................... 18 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 18 Annual Goals and Objectives ...................................................................................................................... 22 Projects ................................................................................................................................................... 25 AP-35 Projects – 91.220(d) ..................................................................................................................... 25 AP-38 Project Summary .......................................................................................................................... 27 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 32 Affordable Housing ..................................................................................................................................... 33 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 33 AP-60 Public Housing – 91.220(h) ........................................................................................................... 35 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 37 AP-75 Barriers to Affordable Housing – 91.220(j) .................................................................................. 40 AP-85 Other Actions – 91.220(k) ............................................................................................................ 42 Program Specific Requirements .................................................................................................................. 45 Appendix “A” – Summary Detail ................................................................................................................. 48

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Purpose of the Amendment
The purpose of the Program Year (PY) 2023 CDBG Annual Action Amendment is to appropriate $400,000 of program income received, reappropriated $200,000 of unspent prior year funds, and transfer $529,275 in ADA Tree Wells funds for a total of $1,129,275 in CDBG funds for the development of the Navigation Center.

Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Visalia (City) is an entitlement jurisdiction for the Community Development Block Grant (CDBG) program and a participating jurisdiction for HOME Investment Partnerships Act Program (HOME). As a required by the U.S. Department of Housing and Urban Development (HUD), the City develops a Consolidated Plan (ConPlan) every five years to guide the use of federal CDBG and HOME funding. The 5-Year ConPlan is the guiding document for allocating these resources which support projects and programs that benefit low- and moderate-income people by increasing housing and economic opportunities, strengthening low-income neighborhoods, and addressing public service and infrastructure needs. The Annual Action Plan (AAP) is also required by HUD each year of the five-year cycle and will summarize the programs and projects that will be funded by the annual grants to achieve the goals and objectives of the ConPlan. Annual accomplishments are reported on progress toward ConPlan goals in the Consolidated Annual Performance and Evaluation Report (CAPER).

2. Summarize the objectives and outcomes identified in the Plan Our strategy for community improvement using CDBG and HOME funds will focus on five broad goals.

These goals are:
• Improve housing opportunities for low-income households through new construction, mortgage and rental assistance, senior housing, housing for the disabled, and rehabilitation of homes/mobile home.
• Provide for a suitable living environment for low-income individuals and/or areas through Tenant-based subsidies and property maintenance (Code Enforcement):
• Address community/special needs through shelters, counseling, youth services, and domestic violence services.
• Address the needs of persons who are homeless with transitional housing, permanent housing, voucher programs, and tenant-based rental assistance.
• Improve public infrastructure and facilities in the community. • Provide optimal program administration and oversight of the CDBG and HOME programs to continue planning efforts that address the needs of extremely low, very low, and low-income 319

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households and neighborhoods.

Details of our plan to meet these goals can be found in the strategies the City has identified below with the following labels:
• Increase affordable housing for LMI households in the City of Visalia • Create suitable living environments for renters/homeowners in the City of Visalia • Address community/special needs and services
• Address the needs of people experiencing homelessness • Enhance community development
• Provide efficient administration and oversight of the CDBG and HOME programs

3. Evaluation of past performance
The U. S. Department of Housing and Urban Development requires an evaluation of the City’s progress toward goals for the CDBG and HOME funds each year of the five-year ConPlan period. Over the past five-year ConPlan period, 2015 to 2019, the City has supported organizations providing services to populations in need and addressed the lack of affordable housing through partnerships with the Housing Authority, and non-profit organizations, including Self-Help Enterprises (SHE), a local low-income housing provider. The City has allocated grant funding to the following:
• Fair Housing Council of Central California (FHCCC), assisting 184 people by handling housing discrimination complaints and agency referrals, holding seminars and educational workshops, and conducting discrimination testing;
• Acquisition of the -Self Help Enterprises. Inc. (SHE) public facility for bridge/transitional housing; • Self Help Enterprises on policy development and provision of grants for the mobile home repair program, and acquisition and rehabilitation of affordable housing and rental units; • Family Services of Tulare County, providing HOME funded tenant based rental assistance and case management;
• ADA Compliance Public Improvement projects;
• Park improvements (Jefferson Park, Community Lot Garden); • Section 108 loan payments; and
• Support to providers of assistance to homeless and low-income populations.

4. Summary of Citizen Participation Process and consultation process The 2023 Annual Action Plan goals were established based on high priority needs as identified in the 2020-2024 ConPlan. The City used several community outreach methods including public meetings, two surveys, and stakeholder consultations. Efforts to reach populations underrepresented in the planning process of the ConPlan included discussions regarding the survey with various housing, social service, faith-based, and other organizations that provide services to the disabled, special needs, low income, and homeless population community. Many of the organizations that assisted in the effort to distribute 320

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the surveys posted them on their websites and sent notifications to their partners and clientele. The surveys were provided in English and Spanish.

Several stakeholders were also consulted during public workshops, over the phone, and in-person at their offices. Such stakeholders included, but were not limited to, Housing providers, Health service providers, social service providers, Organizations representing protected classes, Fair housing, Broadband internet providers, Emergency management organizations, the Citizens Advisory Committee, the Disability Advocacy Committee, and additional local and regional stakeholders.

The PY 2023 Annual Action Plan 30-day public comment period took place from March 17, 2023, through April 17, 2023. A Public notice was published in the Visalia Times Delta on March 15, 2023, and March 17, 2023. The draft 2023 Annual Action Plan was available for review on the City's website at www.visalia.city. Public notices were also sent to the Kings Tulare Homeless Alliance listserv and the City's social media channels. The City also held the following community and city council meetings:
• City Council (Draft Review) on April 3, 2023, at 7:00pm • Citizens Advisory Committee (CAC) on April 5, 2023, at 5:30pm • City Council Public Hearing (Adoption) on April 17, 2023, at 7:00pm The PY 2023 Annual Action Plan Amendment 30-day public comment period took place from August 18, 2023, through September 18, 2023. A Public notice was published in the Visalia Times Delta on August, 15, 2023, August 18, 2023, and September 1, 2023. The draft PY 2023 Annual Action Plan Amendment was available for review on the City's website at www.visalia.city. Public notices were also sent to the Kings Tulare Homeless Alliance listserv and the City's social media channels. The City also held the following community and city council meetings:
• Citizens Advisory Committee (CAC) on September 6, 2023 at 5:30pm • City Council Public Hearing (Adoption) on September 18, 2023 at 7:00pm

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

Summary of comments will be added following the public comment period.

6. Summary of comments or views not accepted and the reasons for not accepting them All comments will be accepted and taken into consideration.

7. Summary
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The City of Visalia conducted several public meetings and hearings to gather input and review the 2020- 2024 Consolidated Plan. In addition, the City held stakeholder meetings with multiple community and regional organizations and agencies providing services to low income and homeless populations. The City has reviewed several plans to gather information for the development of this Plan that included the City of Visalia Housing Element for 2020-2023, which was being drafted concurrently with the Consolidated Plan. A summary of the full citizen participation of the PY 2023 Annual Action Plan and PY 2023 Action Plan Amendment will be included as Attachment A. 322

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency VISALIA
CDBG Administrator VISALIA Finance Department-Housing Division HOPWA Administrator N/A N/A
HOME Administrator VISALIA Finance Department- Housing Division HOPWA-C Administrator N/A N/A
Table 1 – Responsible Agencies

Narrative (optional)
The City of Visalia (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs at the City of Visalia. The City’s Finance Department, Housing Division administers the funds it receives under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs.

Consolidated Plan Public Contact Information
Margie Perez
City of Visalia – Housing Specialist
Finance Department - Housing Division
707 W. Acequia Ave., Visalia, CA 93291
Email: [email protected]
Phone: (559) 713-4460
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City has fostered a community engagement process and gathered public input on community improvements that could be addressed by utilizing federal entitlement funds. During the preparation of the 5-year ConPlan, the City facilitated a community outreach and engagement effort to further strengthen the dialogue between public and assisted housing providers and private and governmental health, mental health and service agencies that receive federal funding. Participants in the community outreach process provided feedback on what they viewed as the most pressing housing, special needs/public services, and community development needs in the City.

Specifically related to public and assisted housing providers, private and governmental health, mental health and service agencies, City staff has met with the County Homeless Task Group, a City Emergency Shelter Task Group, and the Continuum of Care (Homeless Alliance) members. Organizations represented in City priorities include county and local government, faith-based organizations, concerned citizens, housing providers, service providers, including mental health, education, employment, and others.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
City staff met with public officials, City departments, the Housing Authority of Tulare County (HATC), residents, and agencies to develop strategies for how best to invest grant funding to address discuss priority community needs. Staff met with the Citizens Advisory Committee, which acts as a liaison between the public and the City Council concerning community needs. Also, City Staff met with the Disability Advocacy Committee, to be advised on the needs of disabled persons in the community. A focus group was held with the City’s Community Housing Development Organization (CHDO), Self-Help Enterprises, which has, in the past and present, worked collaboratively with the City of Visalia to increase the City’s supply of affordable housing.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The Kings/Tulare Homeless Alliance (Alliance) is the regional continuum of care which facilitates services through a system of homeless housing and service providers, advocates, government representatives and consumers to conduct outreach and strategies to address the needs of homeless persons and persons at risk of homelessness.
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City staff participates in regular monthly meetings of the Alliance to better understand the changing needs and challenges facing homeless populations; to coordinate strategies that ensure effective regional coordination in helping homeless individuals and families reach maximum self-sufficiency.

The City of Visalia supports the Alliance by providing grant funding for the yearly Point In Time Homeless Census and counts, the Project Homeless Connect events, as well as continued administration of the HUD Homeless Management Information System (HMIS).

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Not applicable. The City does not receive ESG funding.

2. Describe Agencies, groups, organizations, and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Representatives of the following agencies, groups, and organizations contributed to the narratives and data include in the Consolidated Plan and Action Plan preparation are listed in Table 2 on the following page.

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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Kings/Tulare Homeless Alliance Agency/Group/Organization Type Housing
Services-Persons with Disabilities
Services-homeless
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Market Analysis
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Consultation provided information; Continued partnership/collaboration through CoC meetings. Survey feedback presented the ConPlan High priority needs, 2023 Action Plan through the listserv members who represent all the types of organizations listed above including service providers, and community stakeholders. The Continuum of Care, and Homeless Task Group meetings and feedback relate to the need for homeless housing. CDBG funding would assist KTHA to further meet the needs of the chronically homeless community. 2 Agency/Group/Organization Housing Authority of Tulare County Agency/Group/Organization Type PHA
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
HATC provided input through the survey, recommending that the city make more funding available for the acquisition and rehabilitation of more affordable housing. HATC was also consulted in preparation of the Consolidated Plan and Annual Action Plan. 326

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3 Agency/Group/Organization Self-Help Enterprises
Agency/Group/Organization Type Housing
Services - Housing
Services-Education
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Lead-based Paint Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan, which helped in prioritizing the City's housing and community needs. 4 Agency/Group/Organization Tulare County Health and Human Services Agency Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-homeless
Services-Health
Health Agency
Child Welfare Agency
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
5 Agency/Group/Organization United Way of Tulare County Agency/Group/Organization Type Services - Housing
Regional organization
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
6 Agency/Group/Organization Family Services of Tulare County Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
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7 Agency/Group/Organization Kings View Corporation
Agency/Group/Organization Type Services - Housing
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
8 Agency/Group/Organization Citizens Advisory Committee Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan. A community meeting was also conducted on April 5, 2023, to review the draft PY 2023 Annual Action Plan.

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The City reached out to several different agencies, groups, and organizations and invited them to participate in the preparation of the 5-year Consolidated Plan goals. They were contacted via email and provided with a stakeholder flyer that included information on the community forum and public hearings. The City asked these groups to forward this information to their colleagues and mailing lists. They were also encouraged to complete the community needs survey and to share the survey link with community stakeholders. The City also published public notices in the Visalia Times Delta, the City website, and the City's social media outlets.

The types of additional agencies were businesses, educational services, groups and organizations, employment service providers, fair housing services, health service and domestic violence service providers, service providers for children and elderly persons, other advisory, veterans and concerned citizens, as well as faith-based organizations. The following additional providers were sent notice and information via-email encouraging feedback on preparing the Action Plan activities form:
• Businesses: Downtown Visalians, Hispanic/Visalia Chamber of Commerce, Tulare County Economic Development, & Retail Associates.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Kings Tulare
Homeless Alliance
As the designated bi-county Continuum of Care, the Alliance is responsible for planning process for the bi - county region which includes the City of Visalia. The Alliance mission is to coordinate and leverage resources that empower community partners including the City of Visalia to address homelessness.

City of Visalia Fair
Housing Rental
Assessment
City of Visalia and
Fair Housing Council
of Central California
The Fair Housing Council Fair Housing Rental Assessment is based upon systemic paired testing of the rental housing market to form the basis of plans to counteract discriminatory practices in the rental housing market with the City.

City of Visalia
General Plan Housing
Element
City of Visalia
The Housing Element assesses the need for housing for all levels of income and establishes policies to meet those needs. The Strategic Plan goals support the implementation of the Housing Element by working to construct and rehabilitate new and existing affordable housing units.

Tulare County Multi-
Jurisdictional Local
Hazard Mi
County of Tulare Development, as related to the Consolidated Plan, that occurs shall be primarily in the areas where environmental hazards can be properly mitigated.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)
None.
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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation summarize citizen participation process and how it impacted goal setting
Outreach for the City of Visalia’s 2020-24 Consolidated Plan objectives were conducted in several methods: community outreach and housing needs surveys, public meetings, stakeholder interviews, and public hearings. Significant outreach efforts were made to the public, faith-based organizations, educational institutions, housing services, and health and social service organizations (including providing services to homeless persons and families, persons with HIV/AIDS, victims of domestic violence, senior citizens, and extremely low to low-income populations).

The PY 2023 Annual Action Plan goals were established based on highest priority needs identified during the 2020-2024 Community Needs Assessment. Based upon the input received by the community and council, high priorities were identified as public services, homeless services, fair housing, mobile home repairs, code enforcement, ADA improvements, and affordable mulit-family housing.

The 2023 Action Plan 30-day public comment period seeking community input was held from March 17, 2023, through April 17, 2023. The draft PY 2023 Action Plan was available for review on the City's website at www.visalia.city. The City took several steps to seek community input on the draft PY 2023 Action Plan, by publishing an English and Spanish public notice in the Visalia Times Delta on March 15th, March 17th, and March 31st, PY 2023, the City's website, the City's social media outlets, and the Kings Tulare Homeless Alliance listserv. The following community and city council meetings were held to review the draft Action Plan and obtain public comment. • City Council Public Hearing on April 3, 2023, at 7:00pm • Citizens Advisory Committee on April 5, 2023, at 5:30pm • City Council Public Hearing on April 17, 2023, at 7:00pm

The PY 2023 Annual Action Plan Amendment 30-day public comment period took place from August 18, 2023, through September 18, 2023. A Public notice was published in the Visalia Times Delta on August 15, 2023, August 18, 2023, and September 1, 2023. The draft PY 2023 Annual Action Plan Amendment was available for review on the City's website at www.visalia.city. Public notices were also sent to the Kings Tulare Homeless Alliance listserv and the City's social media channels. The City also held the following community and city council meetings:
• Citizens Advisory Committee (CAC) on September 6, 2023 at 5:30pm • City Council Public Hearing (Adoption) on September 18, 2023 at 7:00pm 331

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Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
Comments
received
Summary of
comments not
accepted and reasons URL (If applicable)
1 Newspaper
Ad
Non-
targeted/broad
community
English/Spanish public notice published in
the Visalia Times Delta on 3/15, 3/17, &
3/31/23.

See
Attachment A N/A
2 Internet
Outreach
Non-
targeted/broad
community
English/Spanish public notice and draft
2023 AAP were available on the City's
website from 3/17/23 - 4/3/23.

See
Attachment A N/A www.visalia.city
3 Internet
Outreach
Non-
targeted/broad
community
City social media posts on City's Facebook,
Instagram, and Twitter pages.

See
Attachment A N/A
4 Listserv
Notice
Non-
targeted/broad
community
The Kings Tulare Homeless Alliance and
Visalia Chamber of Commerce listserv
notices.

See
Attachment A N/A
5 Public
Notices
Non-
targeted/broad
community
Public notices posted at the following city
sites: City Hall, Community Development
Department, Administrative Office, and
Visalia Transit from 3/17/23 - 4/17/23.

See
Attachment A N/A
6 Public
Hearing
Non-
targeted/broad
community
City council meeting to review draft 2023
Action Plan and obtain public comment
was held on 4/3/23.

See
Attachment A N/A
7 Public
Meeting
Non-
targeted/broad
community
Citizens Advisory Committee community
meeting to review draft and obtain public
comment was held on 4/5/23.

See
Attachment A N/A
8 Public
Hearing
Non-
targeted/broad
community
Public hearing to approve the 2023 Action
Plan and authorize submission of the plan
to HUD held on 4/17/23.

See
Attachment A N/A
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
Comments
received
Summary of
comments not
accepted and reasons URL (If applicable)
9 Newspaper
Ad
Non-
targeted/broad
community
English/Spanish public notice published in
the Visalia Times Delta on 8/15/23,
8/18/23 & 9/1/23.

To be added. N/A
10 Internet
Outreach
Non-
targeted/broad
community
English/Spanish public notice and draft
2023 AAP Amendment were available on
the City's website from 8/18/23 - 9/18/23.

To be added. N/A www.visalia.city
11 Internet
Outreach
Non-
targeted/broad
community
City social media posts on City's Facebook,
Instagram, and Twitter pages. To be added. N/A
12 Listserv
Notice
Non-
targeted/broad
community
Approximately 450 receipts were notified
on the Kings Tulare Homeless Alliance
listserv notice.

To be added. N/A
13 Public
Notices
Non-
targeted/broad
community
Public notices posted at the following city
sites: City Hall, Community Development
Department, Administrative Office, and
Visalia Transit from 8/18/23 - 9/18/23.

To be added. N/A
14 Public
Meeting
Non-
targeted/broad
community
Citizens Advisory Committee community
meeting to review draft and obtain public
comment was held on 9/6/23.

To be added. N/A
15 Public
Hearing
Non-
targeted/broad
community
Public hearing to approve the 2023 Action
Plan Amendment and authorize submission
of the plan to HUD held on 9/18/23.

To be added. N/A
Table 4 – Citizen Participation Outreach

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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The Program Year (PY) 2023, CDBG budget consists of $1,206,775 in entitlement funds, and $50,000 in estimated program income for a total of $1,256,775 CDBG funds. The PY 2023, HOME budget consists of $538,976 in HOME funds, and $800,000 in estimated program income for a total of $1,338,976. The City currently does not have an Emergency Solutions Grant (ESG) or Housing Opportunities for Persons with AIDS (HOPWA) grant. The Expected Amount Available Remainder of ConPlan average annual allocation multiplied by 1 year to equal total remainder of ConPlan.

Each program year the Expected Amount Available Remainder of ConPlan is subtracted by the current grant allocation.

The Program Year (PY) 2023 CDBG Action Plan Amendment includes $1,206,775 in entitlement CDBG funds, $450,000 in program income, and $200,000 in prior year resources for a total of $1,856,775 in CDBG funds. There were no changes to the PY 2023 HOME Action Plan.

Anticipated Resources
Program
Source
of Funds Uses of Funds
Expected Amount Available Year 4 Expected
Amount
Available
Remainder
of ConPlan
$ Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG Public
Federal
Admin,
Public Services,
Affordable
Housing, and
Public
Improvements

$1,206,775 $450,000 $200,000 $1,856,775 $1,200,000 The PY 2023 CDBG resources include $1,206,775 in entitlement funds, $450,000
in program income, and $200,000 in prior
year resources for a total of $1,856,775 in
CDBG funds.
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Program
Source
of Funds Uses of Funds
Expected Amount Available Year 4 Expected
Amount
Available
Remainder
of ConPlan
$ Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME Public
Federal
Admin,
Homebuyer
Assistance, and
Multifamily Rental
New Construction

$538,976 $800,000 $0 $1,338,976 $540,000

The PY 2023 HOME resources include
$538,976 in entitlement funds, and
$800,000 in estimated program income for
a total of $1,338,976 in HOME funds.

Table 5 - Expected Resources – Priority Table

Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied
The City leverages both federal and local housing funds by supporting non-profit organizations that develop affordable housing. The City, or its partners, provides matching funds for housing related services to several programs, which includes the following:
• SHE-CHDO Scattered Single Family Acquisition/Rehabilitation/Resale. Scattered Site Acquisition, Rehabilitation and Resale of Single- Family Property Program will be administered and operated through the City’s certified Non-Profit, designated Community Housing Development Organization (CHDO), currently Self-Help Enterprises (SHE). • SHE-CHDO Scattered Multi-Family Site Acquisition/Rehabilitation/Rent. For example, the Lofts Project is the development of an 80-unit multi-family affordable housing complex that is budgeted above $25 million. HOME funds will be leverage with the various other funding sources, such as, No Place Like HOME Program (NPLH), Multifamily Housing Program (MHP), and the Infill Infrastructure Grant (IIG). • Voucher Program – used as a match to receive Tulare Housing First grants to provide permeant supportive housing vouchers. • First-Time Homebuyers Program – leveraged with private first position loans to assist First-Time Homebuyers purchase a home.

Below is a list of potential financial resources considering a part of the City’s overall financial plan to address priority needs and specific 335

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objectives identified in the Consolidated Plan.
• Housing Authority of Tulare County (HATC) a public housing authority with jurisdiction within the City and the County. • Low-Income Housing Tax Credit Program (LIHTC): The LIHTC program provides federal and state tax credits for private developers and investors who agree to set aside all or an established percentage of their rental units for low-income households for no less than 30 years.
• Multi-Family Housing Program: If California’s Housing and Community Development Department awards Multi-Family Housing Program loans to assist rental housing developments affordable to low-income households in the City, the City will assist the developers with identifying local funding.
• The City will also be receiving on an annual basis, Permanent Local Housing Allocation (PLHA) funding which will assist with matching requirements.
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Visalia does not currently own any land considered viable for the needs and uses identified in the plan. However, there is no shortage or available land for these purposes, as discussed below.

Discussion
The Regional Housing Needs Assessment (RHNA) is part of a statewide mandate to address housing issues that are related to future growth in a region. State housing element law assigns the responsibility for preparing the RHNA for the Tulare County region to the Tulare County Association of Governments (TCAG). TCAG, and other California councils of governments (COGs), undertake the RHNA process prior to each housing element cycle. The current RHNA is for the six-housing element cycle and covers a 9.75- year projection period from January 1, 2014, to September 30, 2023. The City of Visalia has conducted an analysis and concludes that Visalia has adequate sites to accommodate its RHNA allocation for Extremely Low, Very Low, and Low-Income categories.

The City Planning Department lists lands available for development in its sites inventory list. However, it is undetermined as to who will develop and when development will occur. A comparison of Regional Housing Need and Residential sites is listed in Table 1-41 from the Draft Housing Element. The City approved 2,835 units between 2014 and 2018, consisting of 2,486 single-family units and 400 multi- family units (see SP-05 attachment - Regional Housing Need and Sites Inventory). If constructed, there would be a surplus of units for extremely low income: 210 units, low income: 514 units, moderate income: 675 units, and above moderate income: 3,232 units. 337

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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area
Needs
Addressed Funding Goal Outcome Indicator
1 Increase
affordable
housing
2020 2025 Affordable
Housing
Citywide Affordable
Housing
HOME:
$1,263,976
Rental units constructed: 22 Household

2 Create
suitable living
environment
2020 2025 Affordable
Housing
Citywide/
LMI Tracts
Affordable
Housing
Neighborhood
Preservation
CDBG:
$250,000

Homeowner Housing Rehabilitated: 7
Housing Code Enforcement/Foreclosed
Property Care: 200 Household Housing Unit
3 Address
community/
special needs
services
2020 2025 Homeless
Non-
Homeless
Special Needs
Citywide Shelter and
counseling for
the homeless
Public Services
CDBG: $57,500 Public service activities for Low/Moderate Income Housing Benefit: 50 Households
Assisted
4 Address
homeless
needs
2020 2025 Homeless Citywide Shelter and
counseling for
the homeless
Public Services
CDBG: $70,000 Public service activities other than
Low/Moderate Income Housing Benefit:
400 Persons Assisted; Public service
activities for Low/Moderate Income
Housing Benefit: 13 Households Assisted

5 Enhance
community
development
2020 2025 Non-Housing
Community
Development
LMI Tracts Improve
Community and
Public Facilities
CDBG:
$1,229,275
Public Facility or Infrastructure Activities
other than Low/Moderate Income Housing
Benefit: 50 Persons Assisted
Overnight/Emergency Shelter/Transitional
Housing Beds added: 100 Beds

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Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area
Needs
Addressed Funding Goal Outcome Indicator
6 Program and
planning
administration
2020 2025 Program
administration
funds
Citywide Community
Development
CDBG:
$250,000
HOME:
$79,500
Other: 1 Other
Table 6 – Goals Summary

Goal Descriptions
1 Goal Name Increase affordable housing
Goal Description Increase the amount of affordable housing stock in the City of Visalia with the construction of 80 units, of which 11 new LMI multi-family rental units will be HOME funded on a property located at 300 E. Oak Avenue. To provide HOME-CHDO mulit- family complex funding. HOME-CHDO project to be determined, at least 11 HOME assisted units.
2 Goal Name Create suitable living environment
Goal Description Code enforcement inspection services for an estimated 200 units within deteriorated or deteriorating low-moderate income eligible areas to arrest the decline of the area.

An Owner-Occupied Senior Mobile Home Program
3 Goal Name Address community/special needs services
Goal Description Provide vital public services which include homeless case management, homeless outreach services, homeless prevention mortgage/rental and utilities assistance, and fair housing.
4 Goal Name Address homeless needs
Goal Description CDBG funds will be provided for annual Point-In-Time counts, project homeless connect and voucher match case management
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5 Goal Name Enhance community development
Goal Description Improve Visalia ADA infrastructure. The location of such improvements will be determined however, improvements will be made in designated LMI tracts in the City. 6 Goal Name Program and planning administration
Goal Description Fund planning and administration activities by City staff to administer the CDBG and HOME Program funds.

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Projects
AP-35 Projects – 91.220(d)
Introduction
Program Year 2023 CDBG and HOME Projects were established based on the high priority needs identified in the 2020-2024 Consolidated Plan Needs Assessment and Strategic Plan. The Consolidated Plan goals below address the high priority needs and serve as the foundation for strategic actions the City will undertake. These goals are based on the ConPlan’s Needs Assessment and Housing Market Analysis sections as well as community outreach conducted:
• Increase affordable housing
• Create suitable living environment
• Address community/special need services
• Address homeless needs
• Enhance community development
• Program planning & administration
The PY 2023, CDBG budget consists of $1,206,775 in entitlement funds, and $50,000 in estimated program income for a total of $1,256,775 CDBG funds. The PY 2023, HOME budget consists of $538,976 in HOME funds, and $800,000 in estimated program income for a total of $1,338,976. Any increase or decrease of PY 2023 CDBG annual allocation and/or program income will be directed toward CDBG ADA improvement projects. Any increase or decrease of PY 2023 HOME annual allocation and/or program income will be directed toward HOME-CHDO Project.

Projects
# Project Name
1 2023 HOME Administration
2 2023 The Lofts Project
3 2023 HOME CHDO Project
4 2023 CDBG Administration
5 2023 Address Homeless Needs - Public Services
6 2023 Address Community/Special Needs Services
7 2023 Senior Mobile Home Repair Program
8 2023 Code Enforcement
9 2023 ADA Compliance Projects
10 2023 Navigation Center
Table 7 - Project Information

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Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The projects will address the priority needs described in the Consolidated Plan by providing direct homeless services, homeless prevention services, fair housing services, code enforcement inspections to maintain neighborhood stabilization, housing rehabilitation program, affordable housing options for the LMI population, and ADA compliance projects. An obstacle in addressing underserved needs include needs outweighing funding resources. Nevertheless, the City worked resourcefully in combing multiple funding sources to maximize the allocation of resources to address underserved community needs.

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AP-38 Project Summary
Project Summary Information
1 Project Name 2023 HOME Administration
Target Area Citywide
Goals Supported Program and planning administration
Needs Addressed Community Development
Funding HOME: $79,500
Description 2023 HOME Administration and Planning.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the proposed
activities
N/A
Location Description Citywide
Planned Activities 2023 HOME Administration and Planning. 2 Project Name 2023 The Lofts Project
Target Area Citywide
Goals Supported Increase affordable housing
Needs Addressed Affordable Housing
Funding HOME: $634,375
Description Construction of an 80-unit mulit-family rental complex, of which 11-units will be HOME funded.

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
11 LMI households are expected to benefit from the proposed activity.

Location Description 300 E. Oak Avenue, Visalia, CA 93291 Planned Activities The City will provide funding toward Self-Enterprises, Inc. (SHE), to build 11 of the 80 new LMI multi-family rental units. 3 Project Name 2023 HOME CHDO Project
Target Area Citywide
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Goals Supported Increase affordable housing
Needs Addressed Affordable Housing
Funding HOME: $634,375
Description HOME-CHDO Multi-Family Program
Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
11 LMI households are expected to benefit from the proposed activity.

Location Description Citywide - TBD
Planned Activities HOME CHDO Mulit-family Project TBD.
4 Project Name 2023 CDBG Administration
Target Area Citywide
Goals Supported Program and planning administration
Needs Addressed Community Development
Funding CDBG: $250,000
Description 2023 CDBG Administration and Planning
Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the proposed
activities
N/A
Location Description Citywide
Planned Activities 2023 CDBG Administration and Planning 5 Project Name 2023 Address Homeless Needs - Public Services Target Area Citywide
Goals Supported Address homeless needs
Needs Addressed Public Services
Funding CDBG: $70,000
Description Continuum of Care Point in Time survey and LINC services.

Permanent Supportive Housing Voucher match.
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Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the proposed
activities
413 low-income homeless individuals.

Location Description Citywide
Planned Activities Continuum of Care Point in Time survey and LINC services.

Permanent Supportive Housing Voucher match.
6 Project Name 2023 Address Community/Special Needs Services Target Area Citywide
Goals Supported Address community/special needs services Needs Addressed Public Services
Funding CDBG: $57,500
Description Homeless outreach - case management, supportive services, security deposits, rental application fees, legal document assistance; homeless prevention - rental/mortgage assistance and utilities assistance, and fair housing education.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the proposed
activities
50 low-moderate income households.

Location Description City wide
Planned Activities Homeless services, homeless prevention, and fair housing. 7 Project Name 2023 Senior Mobile Home Repair Program
Target Area Citywide
Goals Supported Create suitable living environment
Needs Addressed Neighborhood Preservation
Funding CDBG: $75,000
Description Senior Mobile Home Repair Program to owner occupied low- income seniors and/or disabled persons.

Target Date 6/30/2024
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Estimate the number and
type of families that will
benefit from the proposed
activities
7 low-income seniors and/or disabled persons.

Location Description Citywide. Sites are to be determined.

Planned Activities Senior Mobile Home Repair Program to owner occupied low- income seniors and/or disabled persons.
8 Project Name 2023 Code Enforcement
Target Area LMI Tracts
Goals Supported Create suitable living environment
Needs Addressed Neighborhood Preservation
Funding CDBG: $175,000
Description 2023 Code Enforcement services in deteriorating or deteriorated low-moderate-income areas to arrest the decline of the area.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the proposed
activities
200 LMI households are expected to benefit from the proposed activity.

Location Description LMI target areas.

Planned Activities 2023 Code Enforcement services in deteriorating or deteriorated low-moderate-income areas to arrest the decline of the area. 9 Project Name 2023 ADA Compliance Projects
Target Area LMI Tracts
Goals Supported Enhance community development
Needs Addressed Improve Community and Public Facilities Funding CDBG: $100,000
Description Design of ADA Tree Wells compliance projects and public infrastructure improvements.

Target Date 6/30/2025
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Estimate the number and
type of families that will
benefit from the proposed
activities
50 LMI persons are expected to benefit from the proposed activities.

Location Description LMI Target Areas.

Planned Activities 2023 ADA compliance projects and public infrastructure improvements.
10 Project Name 2023 Navigation Center
Target Area Citywide
Goals Supported Enhance community development
Needs Addressed Shelter and counseling for the homeless Funding CDBG: $1,129,275
Description Development of a Low-Barrier Navigation Center.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the proposed
activities
100 low-income homeless individuals are expected to benefit from the proposes activity.

Location Description 3525 N. Court St., Visalia, CA 93291 Planned Activities Development of a Low-Barrier Navigation Center for people experiencing homelessness.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed.

Majority of the CDBG activities funded in PY 2023 are offered citywide to low- and moderate-income households. However, for certain CDBG programs, such public infrastructure improvements, and code enforcement are directed to neighborhoods that qualify for CDBG funds on an "area benefit" basis. An area benefit activity is one that is available to benefit all the residents of an area which is:
• Primarily residential and
• Where 51% of the population is low- and moderate-income Except for the HOME-funded multi-family rental housing units to be built (The Lofts) which is located at 300 E Oak Avenue all other programs are to be administered citywide, or within the CDBG Target area.

Geographic Distribution
Target Area Percentage of Funds
Citywide 85
LMI Tracts 15
Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically.

Entitlement funds will be distributed citywide as eligible. However, CDBG funds will be utilized in CDBG Target areas for Code Enforcement, and ADA Improvements. A presumed Benefit project, such as an ADA improvement project or low-and-moderate-income residential areas in need of access, would be applicable. CDBG funding directed toward public services is a citywide public service benefit. Public Facilities are based upon CDBG requirements, such as the area benefit noted above, limited clientele, or income qualifications. Affordable housing will be pursued citywide, which encompasses CDBG Target Areas. Other programs may benefit within the CDBG Target areas as well, however, are allowed citywide, based upon income eligibility.

Discussion

The Low-and Moderate-Income Concentration Census Tract Map is being utilized for the 2023 Action Plan and is based on the Low-and Moderate-Income Summary Data (LMISD) provided on HUD Exchange website.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The AAP must specify goals for the number of homeless, non-homeless, and special needs households to be provided affordable housing within the program year. The AAP must also indicate the number of affordable housing units that will be provided by program type, including rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units. For this section, the term “affordable housing” is defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR

92.254 for homeownership.

Findings in the data, included within the Strategic Plan, show that there is not an adequate amount of local housing affordable to LMI households, especially for extremely low- and very low-income households. According to the HUD data reports there is sufficient housing units for the various income categories. After analysis, the only income category that truly does have enough housing is the 50-80% AMI. The following data (CHAS 2014-2018) supports this housing deficit/surplus:
• 0-30% AMI: There are 4,170 households living in this income category, yet there are only 2,610 rental units available that are affordable to these households in the City. • 30-50% AMI: There are 4,530 households living in this income category yet there are only 2,935 units available.
• 50-80% AMI: There are 5,880 households in this income category and there are 1,650 units.

Tables 33 and 36 included within the Strategic Plan, MA-15 section show the recent changes to factors effecting affordability including income, rent and value. Median income has increased 2.5% since 2015 and when compared to the growth in median contract rent (+7.2%), rental housing prices are outpacing income growth. This may continue to strain affordability in the rental housing market, and lead to higher rates of housing cost burden, especially for LMI households. This is evidenced by the fact that median income growth has increased, while median home values have declined over 10%.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 31
Special-Needs 0
Total 31
Table 9 - One Year Goals for Affordable Housing by Support Requirement

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One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 22
Rehab of Existing Units 7
Acquisition of Existing Units 0
Total 29
Table 10 - One Year Goals for Affordable Housing by Support Type

Discussion
Staff works with its non-profit partner SHE to include additional types of acquisition, such as vacant, infill and reconstruction. As funding, through PI becomes available, it would be directed toward SHE CHDO multi-family project. The 2023 Action Plan includes the development of 22 HOME-assisted affordable rental units with the Lofts project and the HOME-CHDO multi-family project, and 7 mobile home repairs with the Senior Mobile Home Repair Program.

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AP-60 Public Housing – 91.220(h)
Introduction
HATC works closely with the City, Continuum of Care “Alliance” and the Homeless Resource Task Group.

Actions planned by the PHA this year are referenced below. HATC owns/manages 179 Public housing units in Visalia and manages another 764 affordable housing units through the City of Visalia. HATC has a master lease with Family Services of Tulare County (FSTC) to house families that participate in the rapid rehousing and domestic violence programs that FSTC administers within the City of Visalia. Through a partnership with Tulare County Health & Human Services Agency (TCHHSA) Mental Health, HATC manages Clark Court, Transitional Living Center, and East Tulare Cottages which house and provide supportive services for individuals that participate in TCHHSA Mental Health programs.

Actions planned during the next year to address the needs to public housing.

HATC will continue to own and manage 179 public housing units in the City. HATC also owns and manages an additional 764 affordable housing units. There is currently no plan to purchase additional public-housing units, nor do they plan on removing any units from their inventory. Their current projection is for an investment of $375,500 in Capital Fund improvements during the FY 2023. There is no project based rental assistance units within the City. HATC expenditure covers maintenance and rehabilitation in public-housing units within the City. HATC's Capital Fund expenditures will cover a large range of projects, including roofing replacement, landscaping improvements, carpet replacement along with air conditioning and heating unit improvements. HATC acquired vacant land at 830 E. Roosevelt Avenue in Visalia to develop a mulit-family development, with a total of four (4) units for rental to qualified low-income households. (Data source: HATC November 2021).

Actions to encourage public housing residents to become more involved in management and participate in homeownership.

HATC created a Resident Council composed of five residents from HUD funded programs (Multifamily Housing, LIHTC, HOME, Section 8 Housing Choice Vouchers, and public housing). The Resident Council works with HATC staff on evaluating the effectiveness and efficiency of existing rental assistance programs. This structure was put into place to give public housing residents the opportunity to provide input on necessary program modifications, through the Council members. HATC is proactive in the inclusion of public-housing residents in the policy making process. As required, two public housing tenants sit on the HATC Commission board. Between the Resident Council and tenant representation on the Board an equitable and transparent policy-making process has been put into place.

A vital driving factor that continues to influence HATC programs is the promotion and goal of tenant self-sufficiency. HATC views homeownership as a long-term goal for most program participants. HATC staff works with tenants to effectively provide them with the necessary resources to achieve homeownership. HATC’s Annual Re-Examination Notice provides public-housing participants with an 351

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extensive referral list that aids homeownership. Their list includes programs managed by: CSET, City of Visalia, Habitat for Humanity, CalHFA, and Self-Help Enterprises. HATC’s program coordinator works with any interested public housing tenant to effectively inform them of all the different programs and services available to them. Effective collaboration between their agency and other public and nonprofit agencies is imperative to help promote homeownership among all HATC’s tenants. Lastly, HATC created “RentTrack Payment, an online payment system which will allow public housing residents to utilize their rental payments made on time to raise or build individual credit scores. RentTrack has increased credit scores an average of 29 points in just two months and 132 points over a 2-year period.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
HATC is not designated as troubled.

Discussion
See discussion above.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
This section describes the City’s one-year goals and the specific action steps it will undertake in the program year to carry out the homeless strategy outlined in the ConPlan’s SP-60 Homelessness Strategy.

This section will also describe the jurisdiction’s goals and specify the activities it will undertake to serve the housing and supportive service needs of non-homeless populations who require supportive housing.

Describe the jurisdiction’s one-year goals and actions for reducing and ending homelessness including.

The City has allocated over $2 million of CDBG funds for the development of a Low-Barrier Navigation Center for people experiencing homelessness. The City is also allocated Permanent Local Housing Allocation (PLHA) and Low-Mod Successor Agency Housing (SAH) funds toward the development and operation of the Project. The project is expected to begin construction in Program Year 2023. The Visalia Navigation Center anticipates having a 100-bed public facility to house individuals and families experiencing homelessness. The Visalia Navigation Center will follow “Housing First” practices and work closely with the local Continuum of Care for the Visalia region to house individuals and families quickly into rapid rehousing, transitional housing, and permanent housing.

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs.

The City will continue targeted outreach efforts towards unsheltered homeless persons through collaborative efforts with the Alliance Housing Navigators, Family Services, Kings View PATH Team, and Tulare County Mental Health Crisis Team. These organizations canvas the City to conduct outreach to people experiencing homelessness and connect them to services. Client information is included in the local Homeless Management Information System (HMIS) so the outreach teams can remain apprised of client status on the housing priority list and other community referrals.

The City will also continue to support the Alliance’s outreach efforts to persons experiencing homelessness through the PIT survey completed in January. The PIT survey provides a snapshot of the adults, children in households and unaccompanied youth living in the City of Visalia who meet HUD’s definition of homelessness. Information gathered through the PIT is used to understand the causes and trends over time of homelessness, as well as to determine the unmet shelter and service needs of the homeless.

Addressing the emergency shelter and transitional housing needs of homeless persons The City is providing $2 million in CDBG funds for the development of a Low-Barrier Navigation Center (LBNC) for people experiencing homelessness. The City is also providing $2 million in Permanent Local 353

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Housing Allocation (PLHA) funds, and $800,000 in Success Agency Housing funds. The City applied for $3.5 million in Encampment Resolution Funds Rd. 2 funds for the development of the LBNC. A Low- Barrier Navigation Center will assist in providing solutions to create safe and successful permanent exits from homelessness using a Housing First Approach.

The Majestic Project is a 42-unit motel that will be converted to PSH units for chronically homeless individuals. The City will utilize $1.8 million in HOME-ARP funds and $900,000 in Successor Agency Housing funds. The City is also applying for $15 million Homekey funds to the Majestic Project.

The Sequoia Village Project is a 50-unit motel that was converted to PSH units for chronically homeless individuals. The City provided $1.5 million in HOME funds for the Sequoia Village Project.

Eden House is a 22-bed transitional/bridge program which will provides beds housing for a period of 60- 90 days (or up to a maximum period of 6 months with an approved extension), who are awaiting permanent supportive housing (PSH) or Rapid Re-Housing (RRH) placements. Eden's House provides extensive on-site wrap around services including mental health assistance and case management. The City provided $400,000 in CDBG funds and 225,000 in NSP funds for Eden House.

The Visalia Homeless Center operates a low barrier warming center within the City of Visalia each winter. The warming center is a low-barrier emergency shelter that provides up to 100 homeless individuals’ overnight shelter. The warming center averages 75 visitors a night from December 1st through March 31st. The City is funding the Warming Center with the use PLHA funds.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
Visalia supports and collaborates with local service providers, through the Alliance, to assist homeless individuals and families. Funding priorities include supporting existing high performing housing first rapid rehousing and permanent supporting housing projects.

Funding allocations include:
• Family Services matching funds for case management (public services) to support the Tulare Housing First Shelter Plus Care project. This project provides case management services to 14 chronically homeless individuals who receive permanent supportive housing. • Kings View Behavioral Health provides public services, including meals for Visalia’s homeless. • ECO program, which is a partnership that includes the Tulare County Workforce Investment 354

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Board, Caltrans, and ABLE Industries.
• Property acquisition and rehab housing projects funded through HOME funds and other city- funding pools.
• CoC and City-funded programs/projects that benefit the homeless • Special needs project and programs that serve these vulnerable subpopulations include: CSET Permanent Supportive Housing and Rapid Rehousing, Family Services Permanent Supportive Housing and Transitional Housing, Turning Point and Tulare County HHSA provide PSH projects for chronically homeless individuals and families and/or families with children. The Veterans’ Administration, in conjunction with the Housing Authority of Tulare County, operates the VASH project and Westcare operates the SSVF project that serves eligible veterans and their families.

Uplift Families operates a Transitional Housing project for transitioning age youth.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The Alliance employs a Diversion Specialist that is responsible for developing and strengthening referral sources for people at-risk of becoming homeless. Additionally, the Diversion Specialist works with clients that are present at any of the Coordinated Entry points to assist in diverting clients from homelessness.

Another important component of prevention/diversion is assisting households with income support and connections to mainstream benefits. The SSI/SSDI Outreach, Access, and Recovery (SOAR) model is designed to increase access to SSI/SSDI for eligible homeless adults who are and have a mental illness and/or a co-occurring substance use disorder. Staff from all CoC-funded agencies are required to assist clients in obtaining these mainstream benefits. Participation by these agencies provides an effective method of assisting households who may otherwise pursue homelessness assistance.

Discussion
See discussion above. The City is not a recipient of HOPWA funding. 355

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AP-75 Barriers to Affordable Housing – 91.220(j)
Introduction:

The City of Visalia updated the Analysis of Impediments to Fair Housing Choice (AI) in 2020. The AI describes the impediments or barriers to affordable housing. The primary barriers to affordable housing include the following:
• Lending practices
• Access to Opportunity
• Housing Discrimination
• Development of Affordable Housing
• Land use policies and practices
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment.

The City has taken actions in recent years to support residential development through changes in zoning, further streamlining permitting processes, and reducing impact fees. Visalia has made changes to residential zone districts following the City’s Housing Element update. The City increased the highest allowed multi-family density permitted by right to 15 to 35 units per acre, provided that the development does not exceed 80 units. Also, the City implemented an Affordable Housing Infill Incentive Program in 2017, which reduces Transportation Impact Fees for qualifying projects that meet the infill criteria outlined in the City’s Development Fee Schedule. In the downtown area, waivers for parking requirements have been given based on past use of the building spaces. There are multiple policies and programs in the 2020 Housing Element Update that address promoting incentives for affordable housing that include priority permit processing and modified zoning provisions. New programs in the Housing Element update propose removing conditional use requirements for housing in certain commercial zone designations. These Housing Element Programs are organized into nine Goals categories, as follows:

1. New Construction - To provide a broad range of housing types and densities to meet the needs of all Visalia residents.

2. Mixed Use, Infill, and Downtown Development - To promote mixed use, infill, and Downtown development in Visalia.

3. Encourage Affordable Housing - To encourage construction and maintenance of affordable housing in Visalia.

4. Foreclosures - To prevent foreclosures, protect affected families, and stabilize neighborhoods impacted by foreclosures.
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5. Special Needs/Homeless- To provide a range of housing types and services to meet the needs of households with special needs within the city.

6. Housing Rehabilitation Program - To create and maintain healthy neighborhoods by improving the condition of the existing housing stock and providing for a variety of housing types, sizes, price ranges, and densities compatible with the existing character and integrity of residential neighborhoods.

7. Equal Opportunity Housing and Discrimination Prevention - To provide decent housing and a quality of living environment for all Visalia residents regardless of age, religion, race, creed, gender, sexual orientation, marital status, ancestry, national origin, disability, economic level, and other arbitrary factors.

8. Energy Conservation - To encourage energy efficiency in all new and existing housing.

9. Implementation Monitoring - To ensure that Housing Element programs are implemented on a timely basis and the progress of each program is monitored and evaluated annually.

In addition to exploring new policy and regulatory changes, the City will continue its efforts to carry out the following to remove barriers to affordable housing:
• Work with non-profit developers and other public agencies that increase Visalia’s supply of affordable housing.
• Work with HATC to properly inform collaborating agencies at the local, state, and federal levels of the need for affordable housing in the City.
• Facilitate the construction of affordable rental housing for very low and low-income households by providing regulatory (e.g., density bonus, expedited permit processing, deferred fees, or relaxed parking requirements) and financial incentives. • Support programs that keep people housed, such as tenant-based rental assistance and rapid rehousing.
• Streamline permitting process for affordable housing. • Further incentives to developers for the development of affordable housing • Incorporate educational components regarding the importance of affordable housing into community outreach.
• Encourage the development of smaller, more affordable units.

Discussion:

See above discussion.
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AP-85 Other Actions – 91.220(k)
Introduction:

The following section provides HUD with other activities, projects, and actions the City is undertaking to reduce homelessness and housing affordability. Examples include the completion of the AI and identifying the barriers and impediments to affordable housing, supporting homeless programs, public and private solutions for affordable, annual administration of CDBG and HOME funds and attendance of city meetings and CoC meetings.

Actions planned to address obstacles to meeting underserved needs.

City actions planned to address obstacles are referenced within the AI and listed herein. AI, Chapter VIII:

Actions includes the plan’s goals and recommended actions to reduce the barriers to affordable housing noted in AP-75.

Actions planned to foster and maintain affordable housing.

The City will continue to work closely with non-profit housing and service providers to collaborate on improving the awareness and expansion of available resources to address the needs of the homeless population. Staff has addressed the affordable housing programs for this program year throughout this report. Please refer to sections AP-20, AP 35, AP-38, and AP-55.

In addition to exploring new policy and regulatory changes, the City will continue its efforts to carry out the following to remove barriers to affordable housing:
• Work with non-profit developers and other public agencies that increase Visalia’s supply of affordable housing
• Work with the Housing Authority of Tulare County to properly inform collaborating agencies at the local, state, and federal levels of the need for affordable housing in the City • Facilitate the construction of affordable rental housing for very low and low-income households by providing regulatory (e.g., density bonus, expedited permit processing, deferred fees, or relaxed parking requirements) and financial incentives
• Support programs that keep people housed, such as tenant-based rental assistance and rapid rehousing
• Streamline permitting process for affordable housing
• Further incentives to developers for the development of affordable housing • Incorporate educational components regarding the importance of affordable housing into 358

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community outreach
• Encourage the development of smaller, more affordable units Actions planned to reduce lead-based paint hazards.

Approximately 40% of the City’s housing stock was built prior to 1979 therefore work performed on these buildings must be carefully monitored for the presence of lead-based paint in compliance with HUD regulation. Currently the City’ housing rehabilitation or home improvement programs and down payment assistance programs require lead-based paint inspections and/or abatement. Applicants of these programs are provided brochures informing them of the health risks of lead-based paint as part of the application process. In addition, City building inspectors and Code Enforcement staff are alerted to signs of this hazard as they perform their substandard housing inspections. The City requires its Subrecipients, Developer partners and rehabilitation contractors of federally funded programs to utilize safe practices and obtain certification through a HUD certified lead testing agency.

Actions planned to reduce the number of poverty-level families.

The City works with its non-profit partners to reduce the number of poverty-level families. The City will also continue to provide its non-profit partners with funding to acquire, rehabilitate, and sell and rent homes or multi-family units to income-qualifying households at or below 80% AMI.

Additionally, the City has made a commitment to improve the communication and service delivery capabilities of agencies and organizations that provide programs to assist the homeless. Specifically, Staff participates in the monthly Continuum of Care (Alliance) meeting, and various homeless task groups to identify funding and opportunities to provide Visalia’s homeless population with housing and service opportunities.

The City will also continue to partner with organizations to provide services and address the full range of needs of LMI families. Although there are coordinated programs and services to reduce poverty, it is recognized that many unmet needs will remain. The City will continue to work with its partners to identify and work toward meeting those needs by strategically focusing its resources and efforts.

Actions planned to develop institutional structure.

The City is a charter city and is managed under a Council-manager form of government. City Council provides policy direction to the City Manager who is responsible for administering City operations. City Council members are the leaders and policymakers elected to represent the community and concentrate on policy that addresses the citizens’ needs and wishes. The City Manager is appointed by the City Council to carry out policy and ensure that the entire community is served. The legislative body is the City Council and City Councilmembers are the community’s decision makers. Visalia voters elect a 5-member Council to serve as the City's legislative and governing body. The members represent the City 359

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and their respective Districts, serve four-year terms and they select one member to serve as mayor and one to serve as vice- mayor. A general municipal election is held every two years in November, alternating between two and three positions each cycle.

The Finance Department, Housing Division oversees and administers the day-to-day activities of the CDBG, NSP1, HOME, PLHA, RDA Successor Agency Housing (SAH) and other state and federal funded programs. Staff works together with various City departments to develop programs and activities that improve low-and moderate-income neighborhoods throughout the City. The administration of program activities includes housing, public services, public facility, park and infrastructure improvements, and economic development activities.

Interdepartmental communication and collaboration are two strengths of the delivery system. City staff from various departments works with local organizations and agencies that assist low-income households and individuals. High priority needs were identified during the Consolidated Plan’s community engagement and public review periods.

During the Consolidated Plan public review period, these priorities were established. Additionally, input is received by the community, various committees, and City Council during the feedback period in developing the annual plan. The AAP is designed to address the needs and priorities identified within the ConPlan and direct limited funding available toward the highest needs.

Actions planned to enhance coordination between public and private housing and social service agencies.

The City continues to participate in monthly Continuum of Care and quarterly Tulare County Homeless Task Force community meetings to enhance coordination between housing providers, government agencies, mental health, and other key stakeholders in the City. The purpose of these ongoing meetings is to establish a network of agencies to enhance the delivery of services to the homeless, disabled individuals and families, and others seeking services.

City staff meets with public officials, City departments, HATC, residents, and agencies to develop strategies for how best to invest grant funding to address discuss priority community needs. Staff met with the Citizens Advisory Committee (CAC), which acts as a liaison between the public and the City Council concerning community needs. The Disability Advocacy Committee (DAC) has now become a part of the CAC. Therefore, City Staff has also met with the members of the DAC through meetings held with the CAC, to be advised on the needs of disabled persons in the community.

Discussion:

See above discussions.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

In the event final CDBG and HOME program entitlement and program income is higher or lower than expected herein, the City of Visalia may add, subtract, or transfer amounts among identified projects, as noted without publishing a substantial amendment, if the amount is below 75 % change, as per the approved Citizens Participation Plan. Any difference in CDBG funding will be reflected in the public infrastructure/ADA project line item and, if needed, public services to maintain compliance with the 15% cap and Administration; any difference in HOME funding will be reflected in SHE CHDO Acq/Rehab/construct or reconstruct single-family or multi-family projects, and if needed Administration.

The three-year period (2023, 2024 & 2025) will be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 361

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HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

No other form of investment shall be used beyond those identified in Section 92.205. 2. As it relates to the HOME funded owner-occupant programs, all beneficiaries are owner occupants. As it relates to HOME funded rental programs, beneficiaries are tenants.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

First Time Homebuyer (FTHB), funds shall be provided as a Direct HOME subsidy- gap financing, as a second mortgage to households at or below 80% of the area median income. The property will maintain an affordability covenant as referenced under 24 CFR 92.254 (a) (4). The covenant shall remain for five (5) years when less than $15,000 is provided in gap financing Direct Subsidy to the homebuyer and shall be for a ten (10) year period when more than $15,000 up to $40,000 is provided in gap financing Direct Subsidy to the homebuyer, and a minimum of fifteen (15) year period for more than $40,000 in gap financing Direct Subsidy to the homebuyer. The “Owners Participation Agreement” (Covenant) shall begin the date the Deed of Trust is recorded. The Provision for the FTHB Program shall be “Recapture Provision” as per 24 CFR 92.254 (a) (5) (ii) (A) (1). The City may recapture the entire amount of the direct HOME assistance from the homeowner.

The amount to be recaptured will not exceed the amount of net proceeds available at the time the home is sold. HOME rule limits recapture to available net proceeds, therefore, if net proceeds are insufficient for the city to recapture the full amount of the Direct HOME assistance, the City will recapture only what is available from net proceeds. This applies regardless of the nature of the sale (voluntary sales including short sales, and involuntary sales including foreclosures).

The SHE-CHDO Program utilizes the “Recapture Provision”. HOME funds are invested in the acquisition, rehabilitation, and/or new construction/reconstruction and Direct Subsidy shall be up to 10% of the total HOME investment (i.e., $280,000 acq. /Rehab cost X 10% = $28,000 Direct Subsidy to homebuyer), which shall be provided as a Second Mortgage to the qualifying new homebuyer. If the property is sold below fair market value, the difference between the fair market value and the purchase price is part of the HOME subsidy and provided directly to the homebuyer as a direct subsidy. In addition, any additional subsidy provided to the homebuyer to enable them to purchase the property, which includes down payment assistance, closing costs, interest subsidies, or other HOME assistance including any assistance that reduced the purchase price from fair market value to an affordable price, shall be recaptured.

The SHE-CHDO Program covenant shall use the “Recapture Provision”, as referenced under 24, CFR

92.254 (a) (5) (ii) (A) (1) and shall begin the date the Deed of Trust is recorded. In the case of the 362

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homebuyer selling the home during the affordability period, the City may recapture the entire amount of the direct HOME Subsidy and the difference between the fair market value and the purchase price, if the purchase price is below the fair market value, and any additional assistance as referenced above. The amount to be recaptured will not exceed the amount of net proceeds available at the time the home is sold. HOME rule limits recapture to available net proceeds, therefore, if net proceeds are insufficient for the city to recapture the full amount of the Direct HOME assistance, the City will recapture only what is available from net proceeds. This applies regardless of the nature of the sale (voluntary sales including short sales, and involuntary sales including foreclosures).

Note: Staff works with the City Attorney in updating legal documents to comply with the funding source and type of program(s) administered.

The FTHB, SHE-CHDO Program loan documents were reviewed in 2017 by HUD. If HUD requests a copy for review, City Staff will again provide documents if required prior to implementing the program.

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. See 24 CFR 92.254(a)(4) are as follows:

See Recapture provisions above.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

This does not apply to Visalia. Please see discussion above.

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Appendix “A” – Summary Detail

PY 2023-2024 Annual Action Plan Summary Detail

Table A-1: PY 2023-2024 Annual Action Plan
Resources: CDBG HOME
2023 Annual Allocation $ 1,206,775 $ 538,976 2023 Program Income 50,000 800,000 Total 2023 CDBG and HOME Resources $ 1,256,775 $ 1,338,976 Expenditures:

Administration and Planning:

Administration $ 250,000 $ 79,500 Total Administration $ 250,000 $ 79,500

Public Services:

Kings Tulare Homeless Alliance $ 20,000 $ - Family Services Voucher Program 50,000 - Kings View PATH Program 50,000 - Fair Housing Education 7,500 - Total Public Services $ 127,500 $ -

Affordable Housing:

Senior Mobile Home Repair Program $ 75,000 $ - Code Enforcement 175,000 - HOME-CHDO Project - 625,101 The Lofts Project - 634,375 Total Affordable Housing $ 250,000 $ 1,259,476

Public Facility Improvements:

ADA Compliance Projects - Tree Wells $ 629,275 $ - Total Public Facility Improvements $ 629,275 $ -

Total 2023 CDBG and HOME Expenditures $ 1,256,775 $ 1,338,976

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Proposed PY 2022-23 CDBG Annual Action Plan Amendment Summary Detail

FY 2023-24 CDBG Action Plan Amendment
Resources: Budget Amendment New Total
Entitlement $ 1,206,775 $ - $ 1,206,775 Program Income 50,000 400,000 450,000 Prior Year Resources - 200,000 200,000 Total Projected Resources $ 1,256,775 $ 600,000 $ 1,856,775

Expenses:

Administration:

Administration $ 250,000 $ - $ 250,000 Total Administration $ 250,000 $ - $ 250,000

Public Services:

KTHA/CoC $ 20,000 $ - $ 20,000 Family Services - Voucher Program 50,000 - 50,000 Kings View PATH Program 50,000 - 50,000 Fair Housing 7,500 - 7,500 Total Public Services $ 127,500 $ - $ 127,500

Affordable Housing:

Senior Mobile Home Repair Program $ 75,000 $ - $ 75,000 Code Enforcement 175,000 $ - 175,000 Total Affordable Housing $ 250,000 $ - $ 250,000

Public Facility Improvements:

ADA Tree Wells CP0618 629,275 (529,275) 100,000 Navigation Center CP0419 - 1,129,275 1,129,275 Total Public Facility Improvements $ 629,275 $ 600,000 $ 1,229,275

Total CDBG Expenditures $ 1,256,775 $ 600,000 $ 1,856,775

365
2023 CDBG
Annual Action Plan
Amendment

CITY COUNCIL MEETING
SEPTEMBER 18, 2023
366
Community Development Block Grant (CDBG)
Funding Process
Amendments
Appropriate unspent funds and/or additional funds received.

Annual Action
Plan
Implements ConPlan approved projects.
5-Year ConPlan
Establishes project goals.
367
PUBLIC

COMMENT
PERIOD
Public Comment Period
•August 18 - September 18, 2023
Citizens Advisory Committee
•September 6, 2023
Public Hearing
•September 18, 2023
368
2023 CDBG ACTION PLAN AMENDMENT
Table 1: FY 2023/24 CDBG Action Plan Amendment
Resources: Budget Amendment New Total
Entitlement $ 1,206,775 $ - $ 1,206,775 Program Income 50,000 400,000 450,000
Prior Year Resources - 200,000 200,000
Total Projected Resources $ 1,256,775 $ 600,000 $ 1,856,775 Expenses:

Administration $ 250,000 $ - $ 250,000 KTHA/CoC 20,000 - 20,000
Family Services - Voucher Program 50,000 - 50,000
Kings View PATH Program 50,000 - 50,000
Fair Housing 7,500 - 7,500
Senior Mobile Home Repair Program 75,000 - 75,000
Code Enforcement 175,000 - 175,000
ADA Tree Wells CP0618 629,275 (529,275) 100,000
Navigation Center CP0419 - 1,129,275 1,129,275
Total CDBG Expenditures $ 1,256,775 $ 600,000 $ 1,856,775 369
Staff Recommends
• Conduct a public hearing.Conduct
• Motion to approve the 2023 AAP
Amendment.Motion
• Authorize submission to HUD.Authorize
370
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0341 Agenda Date: 9/18/2023 Agenda #: 5.

Agenda Item Wording:

Receive a presentation regarding the proposed improvements to the Valley Oaks Golf Course and perform the first reading and adoption of Ordinance 2023-09 approving Amendment #1 to the 2018 Lease Agreement with CourseCo, Inc.

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

Aaron Hensley, General Manager CourseCo, Inc., [email protected] Michael Sharp, President and CEO CourseCo, Inc., [email protected] Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that City Council receive a brief presentation on the proposed capital improvements for the Valley Oaks Golf Course (VOGC) by CourseCo, Inc. and perform the first reading and adoption of Ordinance 2023-09 approving Amendment #1 to the 2018 Lease Agreement with CourseCo, Inc.

Background Discussion:

The City of Visalia contracted with CourseCo, Inc. (CourseCo) beginning in 2000 for the operation and maintenance of the 27-hole Valley Oaks Golf Course, driving range, club house, restaurant, parking and related facilities generally located in the southeast quadrant of the Plaza and State Route 198 interchange. The land where the Valley Oaks Golf Course sits is within an Airport Safety Zone which requires additional language within the lease for Federal Aviation Administration (FAA) requirements to be included within the agreement (Exhibit 2). In addition, numerous parcels which make up the Valley Oaks Golf Course are owned outright by the Visalia Airport. This is depicted in Exhibit 3 of this staff report.

In 2016, the City Council directed staff to change to a lease format and the existing lease agreement commenced on February 1, 2018, for a term of 20 years. It is currently in the sixth year of the lease.

The City has been pleased with the services provided by CourseCo and course performance under their leadership. Course revenues have increased over the last couple of years through the renewed interest in golf due to the pandemic and CourseCo has done a good job of maintaining the course and leased grounds. CourseCo is finalizing a plan to expend the 3% set aside of gross revenues specified in the lease agreement for capital improvements and an overview of that plan is included in this report.

Proposed Improvements:

CourseCo is proposing the following capital projects at the Valley Oak Golf Course.

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File #: 23-0341 Agenda Date: 9/18/2023 Agenda #: 5.

Gamification Retrofit of the Driving Range:

Utilizing the “Toptracer”technology, which is like a Topgolf experience, CourseCo intends to retrofit the driving range. This experience will allow the user choice to have an interactive experience over an assortment of games from the beginner who is looking for entertainment through the expert looking to improve their golf game. This will require the installation of technology (equipment), new range balls and new mats. If the user wants to only drive a bucket of golf balls, that option is still available, however the cost has yet to be determine for either option. Furthermore, an awning will be constructed over the entire driving range, and lounging/seating patio area for approximately forty guests with new furniture will be added directly adjacent to the range under new shade sails.

Located at the center of the range a bar will be constructed to provide beverages for the customers.

Retrofit of the Existing Patio:

Within the existing patio, a new shade structure will be constructed to provide shade over outdoor dining or various events to be held. Furthermore, all new furniture and equipment will be purchased for this space.

Remodeling of the Clubhouse:

A complete remodel of the dining and restrooms will occur. New finishes of the flooring and walls, including new millwork at the bar and lighting throughout. A ‘garagedoor’will be installed to allow access between the patio and the interior bar and dining. An additional interior non load baring wall will be installed at the cook line to remove the sight line into the kitchen from the dining area. The kitchen will not be improved at this time. Finally, all new furniture and equipment will be purchased for the dining area.

Because the kitchen will not be improved or expanded at this time, food and beverage service will remain similar to what it is today. The capacity of the kitchen is restricted and CourseCo is cognizant of that knowing that the proposed project anticipates improved dining space. CourseCo currently allows caterers, but it is not utilized. With the proposed improvements and the allowance of caterers, CourseCo anticipates increased events resulting in increased catering.

CourseCo expects the improvements to cost approximately $1.2 to $1.4 million and they will cover the balance of the project costs above and beyond the CIP balance. The costs identified herein are construction costs only and do not include the ongoing maintenance and operation. CourseCo will be responsible for recouping the maintenance and operation expenses. 3% Capital Improvement Fund:

CourseCo holds in a trust 3% of gross revenues each year that must be used benefits to improve the premises. In addition, CourseCo was required, per the agreement, to withhold $300,000 of their own funds within the first three years to contribute to the trust. Furthermore, within the first three years of the lease, not less than a total of $450,000 was committed to be expended by CourseCo.

Currently the total amount placed in the trust year to date is approximately $775,000 and per the lease the funds have to be used as capital investments into the City’sassets with written approval by the City. Per the agreement under Article 8.3 (c), the capital improvement fund shall be… “used exclusively for additional capital items or the repair and replacement of capital items which are needed to repair or replace, over time, capital items which are subject to wearing out after a useful life and which are included in, located on or used in connection with the Visalia City Council Printed on 9/15/2023Page 2 of 4
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File #: 23-0341 Agenda Date: 9/18/2023 Agenda #: 5.

Premises,…
…the term “capital items” does not include, golf carts, golf course maintenance equipment, and other Personal Property used in the normal course of operating and maintaining the Premises.”
During the term of the lease, CourseCo has spent $232,809.48 on the following projects depicted in the following table. Not all these projects fall within the definition of a capital project within the agreement, however, the funds have been spent in prior fiscal years.

Year Expenditure Project
2018 $ 23,550.00 Course Accessories
2018 $ 34,640.97 Bunker Renovation (Lakes)
2019 $ 52,163.51 Bunker Renovation (Valley Oaks)
2020 $ 73,580.00 Tee Leveling
2020 $ 19,175.00 Tree Maintenance
2020 $ 29,700.00 Safety Netting
$232,809.48
As April of 2023, the capital fund trust balance is $546,788.01. With the proposed improvements presented to City Council, CourseCo intends to use all of the remaining balance from the capital fund trust leaving $50,000 for future capital projects.

Proposed Amendment:

CourseCo, Inc. has agreed to the following terms that have been identified within the Amendment #1 (Exhibit 4) of the original Lease Agreement. These changes are summarized below:

1. A one (1) additional five (5) year extension to the lease with an increase of the annual base rent to $130,000 for each year of this extension.

2. Expanding the usable space (fence line) to allow CourseCo to formally utilize additional land for “storage”. See Exhibit 5. All proposed improvements will need to follow the normal development process and the project will need to address anything that results from or determined by site plan review.

3. Adjustment to the dollar threshold for major maintenance within Article 9.2 of the agreement “City’sResponsibility for Maintenance and Repair”. The current threshold is $1,000 with all costs under being the Tenant’sresponsibility and above the $1,000 amount the responsibility of the City. This amount will change from $1,000 to $2,500 with an addition of an annual CPI increase (round to the nearest 10 dollar) starting the current year through the remainder of the lease.

Fiscal Impact:

Per the Amendment, the City will receive an increase in the annual base rent the final five years of the agreement. All other fiscal aspects of the original lease remain.

Prior Council Action:

July 18th, 2023 - City Council in Closed Session received proposal for capital improvements and a counteroffer to adjust the lease for said improvements.

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File #: 23-0341 Agenda Date: 9/18/2023 Agenda #: 5.

June 19th, 2023 - City Council in Closed Session received proposal for capital improvements and an offer to adjust the lease for said improvements.

June 5th, 2023 - City Council received an update on the current operations, revenue and overall status of the lease via a work session.

October 2nd, 2017 - City Council heard the second reading and adoption of Ordinance No. 2017-10.

September 18th, 2017 - City Council heard the first reading of Ordinance No. 2017-10 authorizing the City Manager to enter into a twenty (20) year lease agreement with CourseCo, Inc. for operation and maintenance of Valley Oaks Golf Course.

April 3rd, 2017 - City Council authorized staff in closed session to negotiate a Lease Agreement with CourseCo, Inc. for the operation of Valley Oaks Golf Course.

Alternatives:

Reject the amendment.

Recommended Motion (and Alternative Motions if expected):

I move to accept the presentation provided by CourseCo for the proposed improvement at the Valley Oak Golf Course and hear the first reading of Ordinance No. 2023-09 authorizing the City Manager to amend the current lease agreement with CourseCo, Inc. for operation and maintenance of Valley Oaks Golf Course.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

1. Exhibit 1 - Presentation for Proposed Improvements

2. Exhibit 2 - 2017 CourseCo Agreement

3. Exhibit 3 - Map from Agreement

4. Exhibit 4 - 2023 Proposed Amendment #01

5. Exhibit 5 - Amendment #01 Exhibit

6. Exhibit 6 - Ordinance No. 2023-09
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1 AMENDMENT No. 1 to the
GOLF COURSE LEASE DATED NOVEMBER 2, 2017 BETWEEN
CITY OF VISALIA and VALLEY OAKS GOLF, LLC

WHEREAS, City of Visalia, a charter city organized under the laws of the State of California (hereinafter “City” or “Landlord”) and Valley Oaks Golf, LLC a California limited liability company, (hereinafter “Tenant”) entered into a Ground Lease Agreement (hereinafter "LEASE") dated November 2, 2017, (“2017 Lease Agreement” or “Lease Agreement”) and

WHEREAS, LESSOR and LESSEE agree that the Lease remains in effect except that they wish to modify certain provisions as detailed in this Amendment of the 2017 Lease Agreement, and

NOW, THEREFORE, for the consideration described herein and performance of the covenants to be performed by the City and Tenant pursuant to this Amendment No. 1, agree to the following modifications to the 2017 Ground Lease Agreement:

1. Lease Agreement Otherwise Unmodified. Except as otherwise provided in this Agreement, the terms of the 2017 Lease Agreement, shall continue in full force and effect between the parties.

2. Term of Lease Extended an Additional Five Years . The 2017 Lease Agreement commenced on February 1, 2018 and was set to expire on December 31, 2037. By this Amendment, the Parties are hereby agreeing to extend the term of the Lease Agreement and additional five years. The revised expiration date shall be amended to December 31, 2042.

3. Base Rent for Years 2 1 through 25. The 2017 Lease Agreement sets an annual Base Rent payment that is due every of under the Lease, and this Base Rent increases over t erm of the Lease Agreement . Under this Amendment with the term of being extended from twenty to twenty-five years, the Parties agree that the Base Rent shall be set at the rate of $130,000 per year during Years 21 through 25 of the Lease Agreement.

4. Modification of Land and Premises Being Leased. The 2017 Lease Agreement defined the Premises to include the specified Land, meaning real property designated by a map of the area , and Improvements, meaning the buildings, structures, fixtu res, and other improvements constructed or installed on the Land. The real property included the Valley Oaks Golf Course, a 27-hole golf course, driving range, clubhouse, pro shop, parking areas and related facilities, but did not include any areas outside the fenced boundaries of the Valley Oaks Golf Course. This amendment is modifying the Land subject to the Lease Agreement to i nclude an additional open area adjacent to the current parking area that is outside the fenced boundaries. This space is owned by the City and currently 437
2 used as storage space or occasional overflow parking. This area, shown on the attached Exhibit to this Amendment, will now be included within the Land being leased to Tenant.

Tenant acknowledges that if this additional area will be utilized as a permanent parking space and not storage or occasional overflow parking, then Tenant will be required to submit improvement plans to the City of Visalia Community Development Department for a change in use of this area and complete any and all required improvement to the land in same manner as any other space that is used as a permanent parking space.

Parties agree that this modification of the Land and Premises shall not alter the terms of payment under the Lease Agreement and that from the date this Amendment is signed this space will be considered part of the Premises and subject to the Lease Agreement.

5. Modification to Responsibility for Maintenance. Parties hereby agree to modify Article 9.2 of the Lease Agreement to revise the City’s Responsibility for Maintenance and Repair. The Lease Agreement currently calls for Tenant to be responsible for minor repairs, or repairs costing $1,000 or less, and the City responsible for major repairs, defined as repairs costing more than $1,000.

Parties hereby agree to modify the cost amounts so that major repairs will be defined as repairs costing more than $2,500 and that each year this amount shall be increased annually by the Consumer Price Index, All Consumers, with cost increases rounded to the nearest 10 dollars through the remainder of the Lease Agreement . Minor repairs shall be t hose repairs that are less than the major repairs.

IN WITNESS WHEREOF, the Parties have entered this Amendment to the 2017 Ground Lease Agreement upon the date that this document is fully executed by both Parties.

CITY OF VISALIA TENANT

By:____________________________________ By:____________________________________ City Manager Date Date

Approved as to Form

By:____________________________________
City Attorney
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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0227 Agenda Date: 9/18/2023 Agenda #: 1.

Agenda Item Wording:

UPCOMING CITY COUNCIL MEETINGS
Monday, October 02, 2023 @ 7:00 p.m. at 707 W. Acequia
Monday, October 16, 2023 @ 7:00 p.m. at 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, September 18, 2023 to discuss your accessibility needs: 559-713-4512 or [email protected] <mailto:[email protected]>
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