Agenda packet — Visalia City Council, October 16, 2023

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Emmanuel Hernandez Soto
Council Member Steve Nelsen
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, October 16, 2023

ROLL CALL
CALL TO ORDER WORK SESSION - 5:30 PM

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

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

WORK SESSION AND ACTION ITEMS (as described)

1. Review the biannual budget process for FY 24/25 & 25/26 and establish the biannual budgetary strategic goals.
23-0381
ADJOURN TO CLOSED SESSION - 6:00 PM
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

SPECIAL PRESENTATION / RECOGNITION

PUBLIC COMMENTS

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1 City Council Meeting Agenda - Final October 16, 2023
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

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

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

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

1. Authorization to read ordinances by title only. 23-0067

2. Authorize the City Manager to award and enter into a contract with Talley Oil in the amount of $1,325,012.20 for the construction of the FY 23-24 Reclamite Project (CIP 1410-72000/CP0248-999 & CIP
2730-72000/CP8358-999).
23-0372

3. Authorize the City Manager to award and enter into a design services contract with Peters Engineering Group to design and prepare construction bid documents for the Shirk Street and State Route 198 Operational Improvements project, in the amount not to exceed $705,970 and, appropriate a total of $781,000 from the Transportation Impact Fee (241) and the Measure R Local (131) Fund.
23-0256

4. Authorize the City Manager to approve Amendment Number 2 with Quad Knopf Consultants (Purchase Order No. 02479) for additional professional design services for the Shirk Capacity Enhancement Project (3010-72000/CP0369-999) in the amount not to exceed $139,635.00. 23-0280

5. Authorize the City Manager or designee to enter into a contract with Trillium for the Management and Maintenance of the Compressed Natural Gas ( CNG) Facility, management of the Low Carbon Fuel Standard (LCFS) credits, Electric credits, and ensure the supply of Renewable Compressed Natural Gas ( RCNG) to the facility for an initial term of three ( 3) years with the option to renew for two ( 2) consecutive one-year periods up to five (5) years.
23-0330

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2 City Council Meeting Agenda - Final October 16, 2023

6. Request authorization to record the final map for Sequoia Bend, Unit 2 subdivision, located south of East Goshen Avenue between North Cain and North Virmargo Street (45 lots); and initiate proceedings for the annexation of Sequoia Bend Unit 2 into the Landscape and Lighting Assessment District No. 22-06 “Sequoia Bend”, and ordering the improvements and levying the annual assessment for Landscape and Lighting Assessment District No. 22-06 “Sequoia Bend” (Resolution Nos. 2023-51 and 2023-52 required) APN: 098-142-057, and 098-330-006.
23-0368

7. Approve a Consultant Contract Amendment with Darden Architects for the Civic Center Phase 2 project for an amount not to exceed $1,147,748, and authorize the appropriation of $1,200,000 from the Civic Center Reserve Fund.
23-0369

8. Authorize the City Manager to award the construction contract for RFB 22-23-65, FY 23-24 Cape Seal Project (CIP 1410-72000/CP0247-999) to VSS International in the amount of $1,867,768.
23-0371

9. Confirm acceptance of a cooperative agreement amendment with Caltrans to receive an additional $90,000 through the Clean California State Initiative to support Dump On Us event operations through FY23-24.
23-0373

10. Authorize to accept the Selective Traffic Enforcement Program (STEP) FY 2023-24 Grant in the amount of $170,000 awarded by the California Office of Traffic Safety (OTS), appropriate $ 20,000 from the General Fund and authorize the Chief of Police to execute the Grant Agreement.
23-0375

11. Authorize the City Manager to award a sole source annual contract for the purchase, service, and repair of, storm and sanitary lift station pumps to Shape Incorporated of Pleasanton, CA,
renewable for up to four ( 4) additional one ( 1) year terms, in an amount not to exceed $ 150,000 for the first year and $ 300,000 for each subsequent year.
23-0380

12. Appropriate $100,000 from the Wastewater Fund (431) for the disposal of biosolids produced at the Visalia Water Reclamation Facility.
23-0384

13. Second reading and adoption of Ordinance 2023-05 of proposed revisions and amendments of Visalia Municipal Code Chapter 8.28, Solid Waste Collection and Disposal. Revisions and amendments incorporate Senate Bill (SB) 1383 regulations related to state recycling requirements.
23-0385

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3 City Council Meeting Agenda - Final October 16, 2023

14. A request by Sequoia Riverlands Trust to be certified as an entity for the purposes of holding agricultural conservation easements in accordance with the City of Visalia Agricultural Preservation Ordinance.
23-0391

15. Authorize and award a purchase contract with National Auto Fleet Group located in Watsonville, CA, for a not to exceed amount of $3,040,000 to purchase thirty-two (32) 2024 Police patrol vehicles and appropriate additional funds of $233,200 from various funds. 23-0392

16. Confirm submission of support letters requested by Tulare Irrigation District for Bureau of Reclamation grant applications the District is submitting for the Okieville and Water Dashboard Projects. 23-0401

17. Consider adoption of Resolution 2023-43 requesting to participate in the Department of Water Resources Temporary Land Clearing reimbursement for Flood Diversion Equipment & Recharge
Enhancement Initiative.
23-0308

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

1. Public Hearing and Introduction of the first reading of Ordinance No. 2023-11 for Zoning Text Amendment No. 2023-01, a request by the City of Visalia to amend Title 17 (Zoning) Chapter 17.32 Special Provisions to regulate Short-Term Rentals in single-family residential zones, Citywide.
23-0377

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. UPCOMING CITY COUNCIL MEETINGS:

Monday, November 06, 2023 @ 7:00 p.m. at 707 W. Acequia, Visalia, CA 93291
Monday, November 20, 2023 @ 7:00 p.m. at 707 W. Acequia, Visalia, CA 93291
If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, on or before Monday, October 16, 2023 to discuss your
accessibility needs: 559-713-4512 or
[email protected]
<mailto:[email protected]>
23-0254

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4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0381 Agenda Date: 10/16/2023 Agenda #: 1.

Agenda Item Wording:

Review the biannual budget process for FY 24/25 & 25/26 and establish the biannual budgetary strategic goals.

Deadline for Action: 10/31/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Renee Nagel, 713-4375 Amee Swearingen, 713-4170 Department Recommendation:

Review the biannual budget process for FY 24/25 & 25/26 and establish the biannual budgetary strategic goals which will be used to shape the budget.

Background Discussion:

Every two years City of Visalia adopts a biannual budget. This budget also acts as a financial plan for the City. There are many benefits to using a two-year budget. Such as, reinforcing the importance of long-range planning, concentrates on budgeting for the accomplishments of significant objectives, creates a proactive budget that provides for stable operations, promotes more spending patterns, and reduces the amount of time and resources in preparing the budget document. The budget must be adopted by Council before the new fiscal year starts on July 1 to have the authority to spend throughout the year. The adoption process requires two public hearings and a resolution from Council. For the past 30 plus years, the City has received the Distinguished Budget Award through the Government Finance Officers Association (GFOA). The award has mandatory guidelines that the City has to meet in order to receive it. Receiving the GFOA award documents that the City follows the best budget and financial management practices which is important to bank institutions, bond ratings, etc.

Recently the GFOA has moved towards having the budget document become more focused around the City’sstrategic goals and having more citizen input in shaping the budget. This was effective for FY 21/22. To meet these requirements, the budget timelines are advanced and shortened to allow for more citizens input and more detailed budget explanation at Council meetings. These requirements must be met to receive the Distinguished Budget Award.

Biannual Budgetary Goals:

The budget goals are used to help with budgeting operations and capital to ensure that the City is maintaining services levels. Below are the current budget’s strategic goals:
· Maintain Quality of Life for Citizens
· Continue to Improve Infrastructure and Replace Capital · Maintain Financial Stability
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· Enhance City Services by Adding Staff, Programs, and Technology · Facilitate and Promote Economic Development
The budget document includes the City’smission statement and core values. In August, Council approved the City’snew mission statement and the City’svalues as a part of the City’srebranding.

Below is the recently approved mission statement and values:

Mission Statement - Our mission is to enhance the lives of Visalians by providing services and solutions that create a vibrant and connected community.

Values - COV
Community - We care deeply for our community and strive to provide transparency and equitable services in an approachable and friendly way.

Opportunity - We are dedicated to enhancing Visalia by providing opportunities for economic and social development.

Vibrancy - We embrace unique perspectives and backgrounds to create a vibrant and welcoming city.

These should be used to help shape the budget and Councils goals. Staff is recommending adopting similar goals for the upcoming biannual budget. The new format allows for some additional points that explain each strategic goal in more depth. Below are staff’srecommended goals for the FY 24/25 & 25/26 Budget.

Quality of Life · Maintain quality of life for the citizens of Visalia · Continue City efforts to reduce homelessness while collaborating and advocating regionally as appropriate. · Provide affordable housing through a variety of programs and policies · Provide diverse community experiences and personal enrichment for all ages · Continue to improve parks, recreational amenities, open space and trailways for a connected community
Fiscal Strength · Continue to maintain the City’s good fiscal health and sustainability · Adopt a balance budget · Continue to maintain the General Fund Emergency Reserve at 25% of operating expenditures.

Invest in Infrastructure & Growth · Plan for the development of future infrastructure · Maintain, improve, and replace assets and infrastructure within the City · Ensure safe, reliable infrastructure that benefits the community · Seek grant funding to maintain and expand City infrastructure to meet the community needs · Manage, maintain and enhance the City’s roadways to provide a safe and effective transportation system
Organizational Excellence · Provide excellent public service that is efficient, accessible and responsive to all · Provide high-quality essential City services · Attract and retain a talented, diverse and engaged workforce across the entire City organization · Utilize and add technology to increase efficiencies for City services · Continue to make improvements that equips the City to deliver excellent services to the community
Economic Vitality · Promote a vibrant economy that provides an equitable opportunity for all · Facilitate programs to develop, attract and retain businesses · Foster economic development in both commercial and industrial Visalia City Council Printed on 10/13/2023Page 2 of 4
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Invest in Infrastructure & Growth · Plan for the development of future infrastructure · Maintain, improve, and replace assets and infrastructure within the City · Ensure safe, reliable infrastructure that benefits the community · Seek grant funding to maintain and expand City infrastructure to meet the community needs · Manage, maintain and enhance the City’s roadways to provide a safe and effective transportation system
Organizational Excellence · Provide excellent public service that is efficient, accessible and responsive to all · Provide high-quality essential City services · Attract and retain a talented, diverse and engaged workforce across the entire City organization · Utilize and add technology to increase efficiencies for City services · Continue to make improvements that equips the City to deliver excellent services to the community
Economic Vitality · Promote a vibrant economy that provides an equitable opportunity for all · Facilitate programs to develop, attract and retain businesses · Foster economic development in both commercial and industrial The icons shown will also be used throughout the budget document. They will be placed throughout each department’s budget section to show how they are meeting these goals.

Budget Survey:

To involve the citizens in the budget process, staff administered a budget survey which was advertised on the City website and social media outlets from September 27 - October 11th. In order to keep the survey manageable on the funds with the most flexibility, staff focused on the General Fund which is the only major fund that has discretionary funds. In addition, the General Fund includes all departments and general city services. The other funds are non-discretionary due to fees being charged for specific services.

The budget survey consisted of six questions, which received 120 responses. The survey questions and results are attached to the agenda.

According to the survey, the top priorities for citizens on where the budget money should be spent are Police, Fire, Park maintenance, Streets and Traffic maintenance. The survey included a fill-in option for services not listed (non-General Fund) that Citizens could fill in if there was a service they felt needed to be funded. This open-ended question did not return any statistically significant responses.

When comparing the survey results to the current budget appropriation, staff has concluded that the budget is in line with our citizen’spriorities. Public Safety is 60% of the total General Fund budget.

Streets and Traffic Maintenance was listed as a second priority. This maintenance has dedicated funding sources such as Gas Tax, SB1, Measure N, and Measure R funds. The next priority was Park Maintenance (including trails and landscape and lighting) and is funded through the General Fund, Measure N and Landscape and Lighting. To address homelessness in Visalia, Council has authorized the use of HOME, CDBG, Successor Agency Housing, and PLHA funds to fund various homeless projects and programs including the TC Hope Navigation Center, Sequoia Village Permanent Supportive Housing, the Majestic Project, the VHC Seasonal Warming Center and the tenant based rental assistance program. The other question focused on how citizens would balance the General Fund budget if there was a deficit. Majority of the survey (61%) would balance the budget by reducing current operating expenses. This method has been used in past budgets when a deficit existed before implementing other balancing methods.

Summary
The results of the survey are very similar to how the General fund is currently funded. It is staff’s intent to bring a budget that continues the level of service provided to the citizens and incorporates Council’spriorities. Staff will be having the budget kickoff meeting with all the departments as outline in Table 1, Budget Process Calendar and staff will be returning to Council in February to start the six year capital project review.

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Table 1
Budget Process Calendar
Budget Activity Month Due
Citizen Input - survey/forum October
Council Strategic Goals Work Session October
Budget Kick Off/Baseline Budgets created October-
November
Departments submit capital December
Departments submit budget requests & Mid Year Projections January Finance review departments submittals February
Budget and Capital Work Sessions with Council February - May Mid Year Presentation May
Budget Document Adoption June
Fiscal Impact:

None
Prior Council Action: None
Other: N/A
Alternatives: None
Recommended Motion (and Alternative Motions if expected):

Move to approve the budget goals for the FY 24/25 & 25/26 biannual budget:

1. As staff recommended in the report
Or

2. Per Council’s modifications of ……
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 2024-26 Budget Survey Summary
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0067 Agenda Date: 10/16/2023 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0372 Agenda Date: 10/16/2023 Agenda #: 2.

Agenda Item Wording:

Authorize the City Manager to award and enter into a contract with Talley Oil in the amount of $1,325,012.20 for the construction of the FY 23-24 Reclamite Project (CIP 1410-72000/CP0248-999 & CIP 2730- 72000/CP8358-999).

Deadline for Action: None.

Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Chantha Chap, Civil Engineer, [email protected], 713-4418 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to award and enter into a contract with the lowest responsive bidder, Talley Oil, in the amount of $1,325,012.20 for the construction of the FY 23-24 Reclamite Project.

Summary:

This project includes the application of Reclamite to various streets identified in the City’s Pavement Management Program. The work will be focused on specific streets located in the Northwest quadrant of the City as shown in the attached map. Approximately 90 miles of pavement would be treated if this contract is approved.

This Reclamite project was developed based on the output from the Pavement Management Program. To increase the longevity of the pavement surface, preventative maintenance of streets still in good condition is critical. Applying Reclamite at this life-stage of the streets is beneficial as it extends the pavement life at a relatively inexpensive price. Without this preventive maintenance, as streets deteriorate further, future maintenance becomes more extensive and expensive.

Bidding Process:

A formal City bid process was conducted and on October 5, 2023, City staff opened one (1) bid that were submitted for the project. Per the construction bid documents, the apparent low bid was established by the lowest total of the Base Bid (Area A) plus Alternate Bid 1 (Area B) plus Alternate Bid 2 (Area C). The results are summarized below.

No. Contractor Location Base Bid + Alt 1 + Alt 2

1. Talley Oil Madera, CA $1,325,012.20
Talley Oil submitted the lowest responsive bid and provided the necessary components required per the specifications. It is staff’srecommendation to award the Base Bid plus Alternate Bid 1 and 2 to Talley Oil.

Talley Oil previously completed the FY 22-23 Reclamite Project for the City of Visalia. Staff, who have worked Visalia City Council Printed on 10/13/2023Page 1 of 4
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Talley Oil previously completed the FY 22-23 Reclamite Project for the City of Visalia. Staff, who have worked with Talley Oil before, stated they perform quality and timely work. Additionally, the City of Lodi, CA also attests to the contractor’s performance and communicativeness.

Background Discussion:

Reclamite is a pavement preventative maintenance technique intended to be used on roadways with good pavement conditions as indicated by a Pavement Condition Index (PCI) of 55 or higher. The Pavement Condition Index is a number assigned to a pavement based on its condition and ranks the pavement on a scale of failed (10 or less), very poor (10-25), poor (25-40), fair (40-55), good (55-70), very good (70-85), and excellent (85-100). This preventative maintenance method extends the pavement life by five or more years at a relatively low cost. However, the procedure must be carefully applied and will require public notification to residents adjacent to the work area to inform them of what to expect during the project.

Many pavement maintenance techniques have been used by the City over the past years. Reclamite has always been an effective and efficient method to prolong a street’spavement condition. As with most different pavement maintenance methods, there is a complexity to the Reclamite process due to the limited access for residents and businesses during construction. Staff believes that if the public is informed of the Reclamite process and the contractor follows all the precautions, this pavement maintenance technique will continue to be successful.

Reclamite consists of the application of an asphalt rejuvenating agent to the pavement. The rejuvenating agent consists of petroleum oils and resins emulsified with water. After the rejuvenating agent penetrates the pavement, a coating of dry sand will be applied to the surface in sufficient amount to absorb excess oil and provide a friction course to prevent skidding. Once the excess oil has been absorbed, the sand is swept.

Streets selected for Reclamite projects are grouped in four quadrants of the City for cost efficiency, leading to the lowest bids possible. One quadrant of the City is to be completed each year over the next four years until all four quadrants are completed. No Reclamite is applied in the fifth year, except to capture any remaining streets, to allow the streets that was previously treated in the first year to cure. The cycle starts all over again in the sixth year as Reclamite would be applied to the first year streets as shown in Table A below. Reclamite are recommended to be applied every five to six year. This contract will commence the third cycle of placing Reclamite on City roadways. This year, roadways in the northwest quadrant of the City were selected for Reclamite project from the Pavement Management Program.

Table A:

Quadrant Cycle 2 Cycle 3
North West 2019 2024
South West 2020 2025
South East 2021 2026
North East 2022 2027
Off 2023 2028
This Reclamite Project contains 2 separate capital improvement projects to keep fund sources spent in Landscape and Lighting Districts (L&L) separate from regular pavement maintenance (Measure N). See attached map for differentiation of Measure N streets (Area A & C) and L&L district streets (Area B).

The residents of Visalia passed Measure ‘N’in November of 2016 to increase the City’sability to perform street maintenance as one of its primary objectives.

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Fiscal Impact:

This project is funded by Measure N and Landscape and Lighting Districts (L&L). Since L&L District funds can only be used in the respective L&L district, the project is split into two:

CP0248 - Measure N
CP8358 - L&L
Each L&L District maintains its own fund balance for which any maintenance activity (i.e. landscaping, pavement rehabilitation, etc.) performed within that district is charged. Older assessment districts were not assessed to cover pavement rehabilitation maintenance at the time. In these cases, Measure N Funds are used to cover costs.

The Measure ‘N’Reclamite Project (1410-72000/CP0248-999) has a current budget of $1,500,000. The L&L Reclamite Project (2730-72000/CP8358-999) has a current budget of $756,000.00.

Budget Summary: FY 23-24 Reclamite Project, CP0248 (Measure N Fund) Project Budget $1,500,000.00
Estimated Project Costs:

Construction Cost (Base Bid: Area A + Alt 2: Area C) $1,229,028.10 Construction Contingency (10%) $122,900.00
Construction Management (4%) $50,000.00
Construction Inspection (4%) $50,000.00
Geotechnical Testing (2%) $25,000.00
Total Project Cost $1,476,928.1
Project Budget Surplus (Measure N) $23,071.90
Budget Summary: FY 23-24 Reclamite Project, CP8358 (L&L Fund) Project Budget $756,000.00
Estimated Project Costs:

Construction Cost (Alt 1: Area B) $95,984.10
Construction Contingency (10%) $9,600.00
Construction Management (4%) $4,000.00
Construction Inspection (4%) $4,000.00
Geotechnical Testing (2%) $2,000.00
Total Project Cost $115,584.10
Project Budget Surplus (L&L Fund) $640,415.90
Note that the L&L Fund balance represents the sum balance of the available pavement maintenance budget of all districts combined; each district’sbalance varies from district to district. Cost expenditures for each district will be tracked and recorded against each district upon project completion. The L&Ls involved have adequate funding for this project.

Unexpended Measure N and L&L funds, following completion of the project, will be returned to its respective fund sources to be used for future pavement preservation projects.

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Prior Council Action:

None.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute an agreement for RFB 22-23-67 in the amount of $1,325,012.20 for the construction of the FY 23-24 Reclamite Project to Talley Oil.

Environmental Assessment Status:

None.

CEQA Review:

None.

Attachments:
1) Reclamite Project Map
2) Contractor Disclosure Form
3) Bid Summary
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0256 Agenda Date: 10/16/2023 Agenda #: 3.

Agenda Item Wording:

Authorize the City Manager to award and enter into a design services contract with Peters Engineering Group to design and prepare construction bid documents for the Shirk Street and State Route 198 Operational Improvements project, in the amount not to exceed $705,970 and, appropriate a total of $781,000 from the Transportation Impact Fee (241) and the Measure R Local (131) Fund.

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

Adrian Rubalcaba, Associate Engineer, [email protected], (559)713-4507 Frank Senteno, City Engineer, [email protected], (559)713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to award and execute the contract with Peters Engineering Group, in the amount not to exceed $705,970, to design and prepare construction bid documents for the Shirk Street and Highway 198 operational improvements project; and appropriate $390,500 from the Transportation Impact Fee (241) Fund and $390,500 from the Measure R Local Fund (131).

Background Discussion:

City staff seeks to procure design services from a qualified consulting firm to accomplish the project objectives. The purpose of this project is to improve Shirk Street at State Route 198 (SR 198), more particularly the segment of Shirk Street north and south of SR 198, between Hillsdale Avenue and the eastbound on/off ramps located south of the highway. The project objectives are to reduce delay and improve operations of the major intersection by installing traffic signals at the east and westbound on/off ramps, street improvements to match lane configurations as defined in the City’sShirk Street Enhancement Project, and a revised lane configuration within the existing Shirk Street bridge overcrossing (ref: Exhibit A, Figure A.1 attached hereto). The consultant scope will include all necessary coordination and permit approval processes with Caltrans and develop the Plans, Specifications, and Cost Estimates (PS&E) to obtain bids for construction.

Prior Interchange Studies:

City staff is requesting design funding for the identified project improvements following the results of the Feasibility Study and Intersection Control Evaluation (ICE study) completed by Caltrans. The ICE study was coordinated by City staff as part of a Capital Improvement Project (CIP). Council approved the Shirk Interchange at SR 198 ICE study (CP0295) as part of the adoption of the FY 2018-19 and FY 2019-20, two-year budget cycle. The CIP objectives were to work with Caltrans to go through the ICE process to identify near-term operation access strategies and concepts to improve this major Visalia City Council Printed on 10/13/2023Page 1 of 7
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ICE process to identify near-term operation access strategies and concepts to improve this major intersection. The efforts were in response to the recent traffic operations analysis completed by Caltrans with the SR 198 Corridor Study for the Shirk Street interchange. Caltrans completed the SR 198 Corridor Study in September 2016 which included a traffic operational analysis forecast of the Shirk Street and SR 198 interchange for the years 2025, 2030, and 2040. The results identified the need for improvements for an ultimate design of a L-9 Interchange (a conceptual L-9 configuration is provided under Exhibit B attached hereto for reference) and that construction of the L-9 interchange be implemented in three phases for affordability. The ultimate L-9 design is the only alternative that produces an acceptable Level of Service and associated delay time that can accommodate the projected year 2040 traffic demand. The term Level of Service (LOS) refers to a qualitative measure that describes the operational conditions of a roadway or traffic stream based on factors such as speed, travel time, maneuverability, delay, and safety. The LOS is further defined and categorized by letter designations, ranging from A to F, with the letter A representing the best operating conditions and F as the worst.

The acceptable LOS for intersections in the City of Visalia is a LOS D or better, any intersection operating at a lower LOS E or F is considered deficient and the study projected that by the year 2025, both the east and westbound on/off ramps would perform below acceptable levels. Because of the significant expenditures related to each of the ultimate design phases, City staff requested that Caltrans conduct a feasibility study to determine if traffic signals might be an option to provide short- term operational benefits that can be implemented immediately to offer a more affordable approach while the needed funds are pursued by the City of Visalia for the ultimate phased-design configuration. Caltrans advised City staff that a scaled down version of an ICE study would be required, and so the City and Caltrans negotiated the scope, schedule, and funding of the ICE study and entered into a cooperative agreement on January 24, 2019. The ICE study was finalized and signed by Caltrans on September 13, 2023.

The scope of the cooperative agreement for the ICE study was to analyze three different types of traffic control alternatives (signalized, roundabouts, and all-way-stop or “no-build”)for both the east and westbound on/off ramp intersections. The analyses for the intersections were performed for the years 2025, 2030, and 2035 which would represent the assumed anticipated years of construction.

Each alternative is analyzed for performance factors such as peak-hour LOS, constructability, and project costs. The following summarizes each alternative and associated results:
· Alternative (1) - Signalize Ramp Intersections
This alternative is to install a traffic signal at each of the ramp intersections, synchronize the two signals to maximize operations at peak-hour traffic, and together with City’sCIP’sto widen Shirk Street providing 4-lanes of travel from the north, the projected results are tabulated below:

Year Period Eastbound Ramp
Intersection LOS
Westbound Ramp
Intersection LOS
2025 AM C D
PM C D
2030 AM D E
PM D D
2035 AM E E
PM E E
Visalia City Council Printed on 10/13/2023Page 2 of 7
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27 File #: 23-0256 Agenda Date: 10/16/2023 Agenda #: 3.

Year Period Eastbound Ramp
Intersection LOS
Westbound Ramp
Intersection LOS
2025 AM C D
PM C D
2030 AM D E
PM D D
2035 AM E E
PM E E
The analysis indicates that both signalized ramp intersections would operate at an acceptable level of service during peak hours in year 2030 and begin to operate below acceptable levels by year 2035. The study provides that this alternative may be attractive as the near-term interim solution because it would be low cost due to the minimal required roadwork with no impact to the bridge structure. The projected cost for each signal is $500,000. · Alternative (2) - Roundabout Control Improvement
This alternative is to reconstruct the intersections to roundabouts, which would include construction of sidewalks, splitter islands, lighting, and accommodation of large vehicles. The projected results are tabulated below:

Year Period Eastbound Ramp
Intersection LOS
Westbound Ramp
Intersection LOS
2025 AM A A
PM B A
2030 AM B C
PM C B
2035 AM C E
PM E C
The analysis indicates that the roundabouts would operate at an acceptable level of service during peak hours in year 2030 and begin to operate below acceptable levels by year 2035.

The study provides that this alternative would require extensive roadway work and a larger intersection footprint. The cost of this alternative would be much higher than Alternative (1) and projected to be approximately $4M/each.
· Alternative (3) - “No-Build”
This is a no-build alternative, and the ramp intersections would remain the same with existing all-way-stop control. The projected results are tabulated below:

Year Period Eastbound Ramp
Intersection LOS
Westbound Ramp
Intersection LOS
2025 AM E F
PM D F
2030 AM F F
PM F F
2035 AM F F
PM F F
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28 File #: 23-0256 Agenda Date: 10/16/2023 Agenda #: 3.

Year Period Eastbound Ramp
Intersection LOS
Westbound Ramp
Intersection LOS
2025 AM E F
PM D F
2030 AM F F
PM F F
2035 AM F F
PM F F
The analysis indicates that the intersections will deteriorate to unacceptable levels during peak hours in year 2025. The study provides that this alternative is the least favorable in terms of intersection operations and would not be a viable option because it would not address the operational deficiencies.

The study shows the most favorable alternatives (Alternatives 1 and 2) would offer acceptable operational solutions for the near-term at the east and westbound on/off ramp intersections, however Alternative 1 (signalization) appears to provide the higher overall benefit based on performance and affordability. In order to implement the recommended alternative (now titled the Shirk St and SR 198 Operational Improvements project), Caltrans and City staff have agreed to an improvement phasing strategy as follows:
· That the City amend the existing CEQA document completed for the Mill Creek culvert/Shirk widening project (CP0305) to include the Shirk St and SR 198 Operational Improvements project.
· Caltrans will accept the Shirk St and SR 198 Operational Improvements project with a commitment from the city to initiate a long-term operational improvement project within 10 years of completion or sooner if operations at the ramp intersections begin to breakdown. · That the Shirk St and SR 198 Operational Improvements project will be completed through Caltrans DEER process.
· Updated traffic counts will be collected one year after completion of the Shirk Capacity Enhancement project (CP0369) and traffic conditions to be monitored thereafter for need of additional improvements.
· A Project Initiation Document (PID) for a long-term solution to interchange operations be initiated within 10 years of completion of the Shirk Street and SR 198 Operational Improvements project.

In summary, the ICE study focused on analyzing interim operational improvements that could be implemented and postpone the need for complete reconstruction of the Shirk Street interchange. This provides the City a more affordable approach to improve deteriorating traffic operations, less rigorous and costly permitting processes through Caltrans to implement the Shirk Street and SR 198 Operational Improvements project, and allows additional timing to seek funding and design strategies towards the long-term interchange operational improvements.

Consultant Selection Process:

In order to accomplish the project objectives, City staff developed a Request For Proposal (RFP) to solicit a qualified consulting firm to perform the necessary coordination and permit approval processes with Caltrans and provide professional design services to produce the Plans, Specifications, and Cost Estimates (PS&E) to obtain bids for construction. The City of Visalia advertised RFP No. 22-23-30 for “ProfessionalDesign Services for the Highway 198 at Shirk Street Visalia City Council Printed on 10/13/2023Page 4 of 7
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29 File #: 23-0256 Agenda Date: 10/16/2023 Agenda #: 3. advertised RFP No. 22-23-30 for “ProfessionalDesign Services for the Highway 198 at Shirk Street Operational Improvement Project”on January 10, 2023 but was unsuccessful in obtaining proposals by the submittal deadline thereby nullifying RFP 22-23-30. However, City staff did receive one response to the RFP post the advertised deadline. In the spirit of keeping forward momentum, CIP Engineering Staff worked with purchasing to procure additional interest, as an alternate procurement process to the unsuccessful RFP, by re-approaching two other local consulting firms that had previously received the RFP packet. The City received “not-interested”responses from both local firms and therefore proceeded to evaluate the single proposal received. The list of consultants is provided below:

No. Consultant Location
1 Peters Engineering Group (submitted) Clovis, CA
2 4Creeks (not interested) Visalia, CA
3 QK (not interested) Visalia, CA
The single proposal, submitted by Peters Engineering Group, was reviewed by a committee comprised of City engineering staff to evaluate the consultants’qualifications, references, and scope proposal. Peters Engineering Group has successfully completed projects similar in scope for the City of Visalia, including two interchange projects - Akers Street & SR 198 improvements and Plaza Drive & SR 198 improvements. After negotiations with the consultant, City staff recommends that the contract be awarded to Peters Engineering Group.

Preliminary Schedule
Project initiation is slated to begin by December 2023. Caltrans coordination, permitting, and final plans are anticipated to be completed by the fall 2024. Construction is planned for the beginning of 2025, pending obtaining needed funding for construction.

Shirk Street Projects:

The City’scurrent Circulation Element, adopted as part of Visalia’sGeneral Plan in October 2014, identifies Shirk Street as a 110-foot arterial roadway consisting of a 4-lane street with a center median. Most of Shirk Street will require widening from the existing 2-lanes to 4-lanes to be consistent with the General Plan. There are currently two congestion management projects underway along the Shirk Street corridor, north of Highway 198, per City Council approved funding for the Shirk Capacity Enhancement projects. The projects are as follows:
- Mill Creek Culvert/Shirk widening project (CP0305)
This project is located just south of School Avenue. The project includes widening of Shirk by installing a box culvert over Mill Creek that runs parallel with the road (along the east side).

The project is currently under design with an anticipated construction start-up schedule in late summer of 2024.
- Shirk Capacity Enhancement & Sewer Line project (CP0369) This project includes the Shirk Street segment between School and Riggin Avenues. The Visalia City Council Printed on 10/13/2023Page 5 of 7
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30 File #: 23-0256 Agenda Date: 10/16/2023 Agenda #: 3.

This project includes the Shirk Street segment between School and Riggin Avenues. The project consists of widening the east side of Shirk Street at various locations to accommodate four lanes of travel along with the installation of a center two-way left turn lane. In addition, the project will also install approximately 8,200 lineal feet of 48” diameter sewer trunkline and associated infrastructure in the existing roadway.

The project is anticipated to bid later this fall of 2023 with construction anticipated to start in the beginning of next year and completed by winter 2024.

The Shirk Corridor projects exhibit can be found under Exhibit A, Figure A.2.

Fiscal Impact:

Staff recommends an appropriation of funds to fund the design phase of the Shirk Street and Highway 198 Operational Improvements project. Design will be funded through Transportation Impact Funds (241) and Measure R Local Funds (131).

Staff currently estimates the cost of construction will be approximately $3,000,000. Staff is working with the Tulare County Association of Governments (TCAG) to identify a potential funding source, in particular a non-federal grant, to fund the cost of construction. Completing the design phase of a project will increase the chances of receiving an award of funds for construction. Some grant applications will include the projects’readiness to proceed to construction as a selection criterion for awarding a grant. This includes obtaining environmental clearance and completing the plans and specifications.

Budget Summary Amount
Design Consultant $ 705,970
City Staff Design/Admin $ 50,000
Land Acq./Easements $ 20,000
Permitting $ 5,030
Total Estimated Design Costs $ 781,000
Construction Costs $2,500,000
Construction Contingency $ 250,000
Construction CM, Survey & Testing $ 250,000
Total Estimated Construction Costs $3,000,000
Total Project Cost (Estimated) $3,781,000
Appropriation Request (Design Phase)
Transportation Impact Fee (241) $390,500
Measure R Local (131) $390,500
Total Appropriation Request $781,000
Future Appropriation (Estimated) ($3,000,000)
The total contract award to Peters Engineering Group will be in the amount, not to exceed, $705,970.00. This total includes optional Additional Services in the amount of $207,310.00 for right-of -way, appraisals, acquisitions, environmental technical studies, hydraulic studies, and bid assistance services however their need will be further determined as the design and permitting processes progress. The total basic project services amount for Peters Engineering Group to complete the necessary coordination and permit approval processes with Caltrans and provide professional design services to produce the Plans, Specifications, and Cost Estimates (PS&E) to obtain bids for construction is $498,660.00.

Prior Council Action:

None
Other:

None.

Alternatives:

Not award contract to Peters Engineering Group.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a design services contract with Peters Engineering Group in the amount of $705,970.00 and appropriate $781,000 as outlined within this report.

Environmental Assessment Status:

An addendum to the CEQA documentation prepared for the Shirk Widening over Mill Creek project (CP0305) is required.

CEQA Review:

CEQA addendum will be prepared to supplement the existing Initial Study / Mitigated Negative Declaration adopted by the City in January 2020.

Attachments:

1. Location Map

2. Exhibit A

3. Exhibit B
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0280 Agenda Date: 10/16/2023 Agenda #: 4.

Agenda Item Wording:

Authorize the City Manager to approve Amendment Number 2 with Quad Knopf Consultants (Purchase Order No. 02479) for additional professional design services for the Shirk Capacity Enhancement Project (3010- 72000/CP0369-999) in the amount not to exceed $139,635.00.

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

Staff recommends City Council authorize the City Manager to approve Amendment Number 2 with Quad Knopf (QK) Consultants (Purchase Order No. 02479) for additional professional design services for the Shirk Capacity Enhancement Project (3010-72000/CP0369-999) in the amount not to exceed $139,635.00.

The request is for the approval of a contract amendment and not for the appropriation of any additional funds.

There are sufficient funds in the project budget to cover the cost for the added design services.

Summary:

Amendment Number 2 consists of additional design services to revise the plans, specs and estimates to account for revisions to following: 1) the bikeway along the entire corridor, 2) revisions to the intersection geometry at Shirk & Ferguson, 3) splitting PS&E documents to advertise the sewer trunkline from Ferguson to Riggin separately, and 4) to incorporate the apartment complex improvements.

Background Discussion:

The design is nearly complete and final touches are being incorporated for a bid package to be delivered to purchasing. Staff expects this project to be advertised late 2023 or early 2024 with City Council awarding of the construction contract in early 2024 and construction within 2024.

Items covered in this Amendment No. 2 include the following:

1. Class IV Bikeways: The original scope included the design of Class II and Class III bike lanes throughout the entire limits of the project along Shirk Street. QK developed the plans based on Class II and Class III bike lanes. During the plan review stage staff instead recommended the use of Class IV bike lanes and requested the consultant review the feasibility to construct the Class IV bike lanes.

Since the project will entail the removal of all existing striping, there was an opportunity to enhance the bike lane infrastructure to include a 3 to 6 foot buffer between the travel way and bike lane. Increasing the separation from the travel way has been known to increase the safety for bicyclists. The consultant provided exhibits and layouts to adjust lane widths and alignments to allow for the Class IV bike lanes.

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36 File #: 23-0280 Agenda Date: 10/16/2023 Agenda #: 4. provided exhibits and layouts to adjust lane widths and alignments to allow for the Class IV bike lanes.

Additional coordination and revisions to provide connectivity to the current Goshen Trail project. This resulted in additional design work beyond QK’s original design scope. This amendment includes additional design layouts, meetings, and identified improvements for the Class IV bikeways at the future Goshen Trail.

Cost: $23,138.00

2. Doe Avenue and Shirk Street Intersection Modifications: The original scope of work and the signalization of the intersection assumed that the westerly corners of the intersection had been previously designed to accommodate the signal and the anticipated turning movements. However, when laying out the turn movements for the signal it was discovered that the intersection was not able to accommodate some of the truck turn movements. The consultant prepared several layouts and turning movement scenarios to review with the City.

Cost: $33,502.00

3. Incorporate Apartment Improvements: Additional topographic survey was required to account for the construction of the apartment complex improvements that were installed at the northeast corner of Shirk and Doe. This required additional time and effort to process the topo, field review the new improvements and provide map and exhibits for review. Additionally, the median opening for the apartment development also required some changes.

Cost: $29,402.00

4. Separate PS&E (Plans, Specifications and Estimate) Construction Documents for the Sewer Trunkline and the Remaining Shirk Street Enhancement Project: In order to expedite the bidding of the sewer improvements on the northerly segment of the project, Staff requested that the PS&E documents be separated into two separate PS&E documents; one for the Sewer Trunkline Construction from Ferguson Avenue to Riggin Avenue, and the other for the remaining Shirk Street Enhancement and Sewer Project improvements south of Ferguson, as a way to keep pace and accommodate industrial development to the north. However, it was brought to the City’sattention that the schedule for development to the north had been delayed. Therefore, the project was joined back together as a single project. The benefit to rejoining the project includes economy of scale and securing one contractor to complete the project at one time minimizing the impacts to the public. This amendment includes the additional efforts required to separate the project and repackaging the PS&E documents to be bid as a single project.

Cost: $49,553.00
In addition to the items mentioned above, this amendment also includes a not to exceed amount of $4,040 to cover the consultant time for project management.

The total cost of this contract amendment is $139,635.00 and staff routed this through the Change Order Committee on October 12th. The committee approved the amendment, but please note that the Change Order Committee is a non-appointed committee of technical staff who are not directly involved with the project being considered. The Committee reviews the contract change order request for completeness, accuracy, constructability, objectivity, consistency, and overall insight.

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37 File #: 23-0280 Agenda Date: 10/16/2023 Agenda #: 4.

Fiscal Impact:

This is a multi-funded project with funds from Gas Tax (111), Measure R Local (131) and Wastewater Trunkline fund (231). The table below shows the budget summary for the project.

Project Funding:

Gas Tax (111) Measure R Local (131) Wastewater Trunkline (231) $2,430,699 $1,900,000
$8,493,721
Total Project Funding: $12,824,420
Project Costs:

Staff Time - Project Management, Survey (Estimated) $450,000 Design - Consultant (QK Inc.) Design - QK Amendment #1
Amendment #2 (if approved) Right of Way (Estimated)
$533,746
$30,395
$139,635
$450,000
Construction Management - Consultant/Staff (Estimated) $700,000 Construction Estimate Contingencies $11,000,000
$700,000
Total Project Costs: Project Budget Deficit: $14,003,776 ($1,179,356)
The total project costs, including the additional design services and construction contingencies, is estimated to be $14,003,776. The total budgeted for this project is $12,824,420. Although there is a budget deficit in the overall total cost of the project, there is sufficient funds to cover the cost for the added design services and no additional appropriation is needed at this time. Staff will be returning to council during the award of the construction contract to appropriate additional funds when the actual amount of construction is known.

The construction project is anticipated to bid later this Fall 2023 with construction tentatively scheduled to start early next year in 2024 and be complete by late 2024.

Prior Council Action:

October 21, 2019 - City Council authorized the City Manager to enter into a contract with QK for RFP 19-20-08 to prepare Plans, Specifications, and Estimates for the Shirk Capacity Enhancement and Sewer Trunk Line Project on Shirk Street from School Avenue to Riggin Avenue, in an amount not to exceed $533,746.00.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to approve Amendment Number 2 with QK for additional professional design services for the Shirk Capacity Enhancement Project in the amount not to exceed $139,635.00 Environmental Assessment Status:

None.

CEQA Review:

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38 File #: 23-0280 Agenda Date: 10/16/2023 Agenda #: 4.

Categorical Exemption, Section 15301(c)
Attachments:

None
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39 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0330 Agenda Date: 10/16/2023 Agenda #: 5.

Agenda Item Wording:

Authorize the City Manager or designee to enter into a contract with Trillium for the Management and Maintenance of the Compressed Natural Gas (CNG) Facility, management of the Low Carbon Fuel Standard (LCFS) credits, Electric credits, and ensure the supply of Renewable Compressed Natural Gas (RCNG) to the facility for an initial term of three (3) years with the option to renew for two (2) consecutive one-year periods up to five (5) years.

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

Angelina DeRossett, Transit Manager [email protected] (559) 713-4591 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff requests that City Council authorize the City Manager to enter into a contract with Trillium for the Management and Maintenance of the CNG Facility, management of the (LCFS) credits, Electric credits, and ensure the supply of RCNG to the facility for an initial term of three (3) years with the option to renew for two (2) consecutive one-year periods up to five (5) years. Funding for these contracts are preexisting within the current operational budget.

Background Discussion:

The CNG station located at the Transit Operations and Maintenance Facility at 525 North Cain Street in Visalia is owned and maintained by the Transit division. The City’s Transit Division directly operates a fleet of 45 CNG buses from this facility. The Station includes a public access CNG Fueling station which is accessible 24 hours per day, seven days per week. Additionally, the fueling station supplies an adjacent slow-fill system for fueling the City’s Solid Waste fleet of approximately 60 vehicles.

There are multiple contracts associated with the CNG station; The Maintenance and Management of the station, the management and retention of the LCFS and electric credits, and the management and supply of the RCNG to the station. Historically, these pieces were split between multiple vendors.

With the growth and evolution of the station and the growth in capacity, it became apparent that Transit should seek out one (1) qualified vendor to manage all aspects of the CNG station as a whole. In the spring of 2023 the attached Request for Proposals (RFP) with a sample contract was released with the following tasks:
· Task 1: Provide consulting services to recommend improvements to the CNG station.

Trillium’s fee for this is $24,300. however it is waived as part of their award for task 4, which is the station operations and maintenance piece.
· Task 2: Supply 100 percent of COV Transit’s natural gas requirements in the form of a Visalia City Council Printed on 10/13/2023Page 1 of 3
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40 File #: 23-0330 Agenda Date: 10/16/2023 Agenda #: 5. · Task 2: Supply 100 percent of COV Transit’s natural gas requirements in the form of a guaranteed supply of renewable natural gas to COV Transit’sCNG Fueling facility on a non- interruptible basis or supplier procurement for the RCNG. Trillium bid this piece at $806,400 annually however their recommendation is that the City receive the fuel directly from Southern California Edison at a lower direct cost of $658,000 annually. This is a savings of $148,400 annually. Staff will return to Council to request to enter into a contract with Southern California Edison.
· Task 3: Manage COV Transit’sLow Carbon Fuel Standard (LCFS) program as outlined in California Assembly Bill AB32; manage additional LCFS and RIN (federal) credits generated through the use of green gas and provide quarterly reporting. Manage the LCFS credits for the Battery Electric Bus fleet and Transit owned solar. Trillium proposed paying the City 12% of the LCFS share (the current contract pays the City 5%). This would project the City to receive $330,666 in annual LCFS revenue. The City has not yet begun collecting on the electric credits, however based on Trillium’s proposal, the City would receive $56,429 of annual electric LCFS credits for the fleet of 11 electric buses. · Task 4: Provide fuel station maintenance management for a station maintenance contract.

Trillium will charge the City .10 per therm. Based on the previous year’sstation therms, that would amount to an annual expense of $143,523.
· Task 5 (Optional): Project management services and preparation of RFP and Bid documents to hire a design services consultant and construction company for the construction work to upgrade the existing CNG station equipment. Trillium did not bid this optional task.

Proposals:

From this RFP process staff received two qualified proposals; one from Trillium, who is the current station Manager, and one from GHI Energy, who is the current station LCFS Manager.

The proposal evaluation piece was completed individually by four (4) separate staff members, three within the Transit division, and one outside the Transit division. All four evaluations reflected similar scores with Trillium being the unanimous leader. As shown in the Tasks listed above, Task 5 for the project management piece of the future construction upgrade to the station was optional. Trillium opted not to bid that task, therefore Task 5 will be brought back to Council at a later date as an independent project to complete.

Protest:

Purchasing received a protest from GHI on the procurement process and the selection of Trillium as the lead proposer. At that time Purchasing staff went through the RFP scoring process and evaluated both the GHI and Trillium proposals for any inconsistencies or what GHI was claiming. It was determined that Trillium was selected appropriately by the scoring committee as the lead proposer based on the scoring parameters outlined in the bid proposal. A response was sent to GHI on Purchasing’s decision to uphold the selection of Trillium. At that point GHI followed the protest procedure and escalated the protest to the City Manager. The City Manager performed her own review and again confirmed the selection of Trillium as the lead proposer. Per the protest procedures, the next step in the process for GHI would have been to appeal to City Council by 5:00 p.m. on Tuesday October 3rd. The City received no such response, and at this time Staff is asking Council to approve the selection of Trillium.

History:

The original Transit CNG facility was built by Trillium in 2006. Trillium was also awarded a 10-year Visalia City Council Printed on 10/13/2023Page 2 of 3
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41 File #: 23-0330 Agenda Date: 10/16/2023 Agenda #: 5.

The original Transit CNG facility was built by Trillium in 2006. Trillium was also awarded a 10-year maintenance contract as part of that procurement. In 2016 staff went through the process of having the station upgraded. and Trillium was the project manager for the station upgrade. When the original maintenance contract ran out, another procurement was performed, and Trillium was awarded a new maintenance contract in 2017. This new agreement, if approved by Council, will replace all existing agreements for station maintenance, fuel, and LCFS credit associated with the CNG station.

Fiscal Impact:

The contracts associated with this report are ongoing and budgeted yearly in the 4551 Transit operations. All associated credits and expenditures are outlined within the report.

Prior Council Action:
10/03/2005 Award of design/build contract to Pinnacle CNG (Trillium before name change) for 10- year maintenance contract.
01/05/2015 Award to GHI Energy for fuel procurement and participation in the LCFS credits program.
11/20/2017 Contract Award to Trillium for Station Maintenance and Operation.

Other:

None
Alternatives:

None
Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager or designee to award an agreement to Trillium for the Management and Maintenance of the Compressed Natural Gas (CNG) Facility, management of the Low Carbon Fuel Standard (LCFS) credits, Electric credits, and ensure the supply of Renewable Compressed Natural Gas (RCNG) to the facility for an initial term of three (3) years with the option to renew for two (2) consecutive one-year periods up to five (5) years not to exceed $150,000.00 annually.

Environmental Assessment Status:

None
CEQA Review:

None
Attachments:

1. Request for Proposal (with sample contract)

2. Ownership Disclosure Form
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92 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0368 Agenda Date: 10/16/2023 Agenda #: 6.

Agenda Item Wording:

Request authorization to record the final map for Sequoia Bend, Unit 2 subdivision, located south of East Goshen Avenue between North Cain and North Virmargo Street (45 lots); and initiate proceedings for the annexation of Sequoia Bend Unit 2 into the Landscape and Lighting Assessment District No. 22-06 “Sequoia Bend”, and ordering the improvements and levying the annual assessment for Landscape and Lighting Assessment District No. 22-06 “SequoiaBend”(Resolution Nos. 2023-51 and 2023-52 required) APN: 098-142-057, and 098-330-006.

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

Luqman Ragabi, Assistant Engineer, [email protected] <mailto:[email protected]>, (599) 713-4362
Jason Huckleberry, Assistant Community Dev Director, [email protected] <mailto:[email protected]>, (559) 713-4495 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 716-4025
Department Recommendation:

Staff recommends that City Council authorize the recordation of the final map for Sequoia Bend, Unit 2 located south of East Goshen Avenue between North Cain and North Virmargo Street. Staff also recommends the adoption of Resolution No. 2023-51 initiating proceedings for the annexation to the Landscape and Lighting Assessment District No. 22-06 "Sequoia Bend" and adopt Resolution No. 2023-52 ordering the improvements and levying the annual assessments for Assessment District No. 22-06 "Sequoia Bend."
Summary:

Sequoia Bend Tentative Subdivision Map No. 5584 was approved to subdivide 29.96-acres into a 138-lot single family residential subdivision with five lettered out lots to be used for Landscaping and Lighting District purposes, open space, and storm water collection. The original 29.96-acre site was proposed to be developed in multiple phases by the developer San Joaquin Valley Homes. The first phase, Sequoia Bend, Unit 1 subdivided 13.45-acres into 51 residential lots and four lettered out lots (A - D).

The second phase of the tentative subdivision map (i.e., TSM 5584) Sequoia Bend, Unit 2 will subdivide 8.75 acres into 45 residential lots, and one lettered out lot (E). The proposed subdivision will provide internal 60-foot-wide public local streets containing full improvements (curb, gutter, parkway landscaping, sidewalks and street lights) and underground infrastructure (sewer lines, storm drainage, gas electricity and water). Primary access to the subdivision will be from East Goshen Visalia City Council Printed on 10/13/2023Page 1 of 4
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93 File #: 23-0368 Agenda Date: 10/16/2023 Agenda #: 6. drainage, gas electricity and water). Primary access to the subdivision will be from East Goshen Avenue, which is identified as a minor Arterial roadway. Secondary access will be provided from North Virmargo Street via East Oak Avenue, which are both local streets.

This final map Sequoia Bend, Unit 2 is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, San Joaquin Valley Homes., and are in the possession of the City as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $1,622,100.84 and Labor and Materials Bond in the amount of $811,050.42; 3) cash payment of $265,972.23 distributed to various accounts to cover City fees; and 4) final map
The City’sLandscape and Lighting District Committee has reviewed and adopted the unit fees used for the assessment as shown in the Engineers report and as included with phase 1 of the Sequoia Bend development. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO required that landscaping and irrigation plans be certified by a qualified entity (i.e., a Landscape Architect) as meeting the State and City’swater conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plan and tree species, and by limiting the portion of landscape that can be covered in turf.

Background Discussion:

The Faithful Performance Bond covers the cost of constructing the public improvements noted in the subdivision agreement and the Labor and Material Bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the Subdivision Ordinance, the Faithful Performance Bond covers 100% of the cost of the public improvements. The Labor and Material Bond is valued at 50% of the Faithful Performance Bond. A Maintenance Bond valued at 10% of the cost of the public improvements will be required prior to recording the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers Development Impact Fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized. Differences are due in cash at the time of City Council approval of the map.

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.

The Landscape and Lighting Act allows for the use of summary proceedings when all the affected property owners have given their written consent to waive the requirement for a public hearing. The notice period is also waived. The owner of this development has given their written consent to waive the public hearing and form this district. The use of summary proceedings allows for the initiation of proceedings and the final annexation action of the assessment district to be acted upon together as separate resolutions.

Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’sauthorization to record the final map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’saction to Visalia City Council Printed on 10/13/2023Page 2 of 4
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94 File #: 23-0368 Agenda Date: 10/16/2023 Agenda #: 6. the final map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’saction to the specific determination that the final map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map (emphasis added).” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final map pursuant to Section 16.24.080 and require that the City Engineer so indicate on the map, however staff’srecommendation is that the City Council authorize recordation of the final map and accept all offers of dedication as previously described in this report.

Fiscal Impact:
45 lots will start contributing to the Landscape and Lighting Assessment District (L&LD 22-06) created for maintenance of common features related to this subdivision. The annual lot assessment will be $1,213.70 per lot.

Prior Council Action:

On June 10, 1987, the City Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions.

Other:
· On December 13, 2021, the Planning Commission approved Sequoia Bend Tentative Subdivision Map No. 5584.
· On November 21, 2022, the City Council authorized the recordation of the final map for Sequoia Bend, Unit 1 and the formation of the Landscape and Lighting Assessment District 22 -06 “Sequoia Bend”.

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

I move to authorize the recordation of the final map for Sequoia Bend, Unit 2; the adoption of Resolution No. 2023-51 initiating proceedings for the annexation to Assessment District No. 22-06 “SequoiaBend”;and the adoption of Resolution No. 2023-52 ordering the improvements and levying the annual assessments for Assessment District No. 22-06 “Sequoia Bend.” Environmental Assessment Status: N/A
CEQA Review: Negative Declaration No. 2021-41, adopted December 13, 2021.

Attachments:

1. Resolution Documents including:
a. Resolution Initiating Proceedings for Formation (2023-51) b. Clerk’s Certification
c. Resolution Ordering the Improvements (2023-52)
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95 File #: 23-0368 Agenda Date: 10/16/2023 Agenda #: 6. d. Exhibit A - Assessment Diagram
e. Exhibit B - Landscape Location Diagram
f. Exhibit C - Tax roll Assessment
g. Exhibit D - Engineer’s Report

2. Development Disclosure

3. Contractors Disclosure

4. Final Map

5. Aerial Map

6. Location Map
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0369 Agenda Date: 10/16/2023 Agenda #: 7.

Agenda Item Wording:

Approve a Consultant Contract Amendment with Darden Architects for the Civic Center Phase 2 project for an amount not to exceed $1,147,748, and authorize the appropriation of $1,200,000 from the Civic Center Reserve Fund.

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

Mike Porter, Civil Engineer, [email protected], (559)-713-4412 Jaklin Rowley, Assistant Engineer, [email protected], (559)-713-4369 Frank Senteno, City Engineer, [email protected], (559)-713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to approve a Consultant Contract Amendment (second amendment) with Darden Architects for the Civic Center Phase 2 project for an amount not to exceed $1,147,748 and authorize the appropriation of $1,200,000 from the Civic Center Reserve Fund.

Summary:

Through the preliminary design of Phase 2 (Public Safety, Evidence, and City Council Chambers) the future City Hall building was originally planned to be located on the south side of School Avenue adjacent to the City Council Chambers. However, after performing detailed analyses of the site constraints, parking requirements and overall efficiency of the site layout, it was determined through numerous City Council work sessions to move the future City Hall to the north side of School. This change required shifting the entire project site up to Goshen Avenue and required designing a new parking lot at the NW corner of School Avenue and Burke Street. These changes, along with the addition of landscaping features and outdoor amenities have required the approval of Contract Amendment 2.

Over the past year, Staff and the Architect has been working with City Council expanding the scope of work and more specifically the area that will be developed to the current configuration within the ‘redline’as described at previous City Council meetings. That increase in scope and the recent increases discussed at the October 2nd work session is presented herein for City Council approval of design Contract Amendment 2.

Background Discussion:

Contract Amendment 1 (CCA 1, was previously approved by Council April 4, 2022) The Civic Center site plan has undergone many iterations over the past 2 years. Initially it was planned to have the Council Chambers and City Hall building both to be placed on the south side of School Avenue, with the PSOB and evidence building being located on the north side. Staff worked Visalia City Council Printed on 10/13/2023Page 1 of 6
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School Avenue, with the PSOB and evidence building being located on the north side. Staff worked with the consultant team to develop this concept, including several options for parking structures and other site options but the concept eventually proved to be ineffective. In order for the parking to work and to make the site plan more efficient, it was determined to move the future City Hall building to the north side of School and leave the Council Chambers as a stand-alone building on the south side of school. Additionally, during the schematic design phase, it was determined that the overall size of the buildings needed to increase to accommodate current and future staffing demands. A conceptual level design of the future City Hall was also required to make sure the site plan was planned appropriately for the future construction of City Hall.

Specifically, during development of the floor plans, the overall size of the buildings (PSOB, Evidence & Crime Lab, & Council Chambers) increased by approximately 51% over the original size estimates.

Theoriginal estimate of the total size of the buildings was 40 -50K sf. At the time of CCA 1, the building size had grown 76K sf, this was 51% more than originally estimated so Darden increased their fee 51%. The increase now is not based on building size but increased site area and project complexity. The increase they are requesting now is roughly 26% over their existing contract but the project area has doubled is size.

Industry standard for A/E services varies between 7-15% of construction cost. The estimated construction cost for this project is $81.2M, the current Darden fee is $3,519,834 (4%). Their total fee including this contract increase request would be $4,429,442 (5%)Originally it was envisioned that the PSOB, and Council Chambers would be located adjacent to each other on the same side of the street. However, during the Schematic Design Phase of the Project, it was determined that the Council Chambers would be moved across the street and now will occupy a separate parcel. The consultant team requested additional fees to accommodate the extra work required to develop this 2nd parcel. Additionally, to ensure the City Council Chambers and future City Hall building will be properly integrated, it was necessary to perform analyses of the future site and parking constraints.

Contract Amendment 2 (CCA 2)
This second contract amendment is requested to pay for additional costs associated with the approved expanded scope of work for the project. These can be broken into two Parts A and B.

Part A:Part A of CCA 2 consists of the additional work performed to accommodate the additional parcel development, pavilion design, new parking lot and additional utility and frontage improvements. The project now includes design of the parcel south of the RR tracks, design of a new parking lot, planning the site area for the future City Hall building, design of the new covered “Pavilion”,and expansion of the landscaping and site work all the way to Goshen Avenue. Street improvements, utilities and landscaping have also been extended to include all the frontage of Burke Street from Mill Creek to Goshen Avenue, the intersection of School Avenue and Burke Street, and the frontage of Goshen Avenue from Burke Street to the existing northern entrance of the VECC. A key architectural feature of the project will include the incorporation of the Pavilion Structure. The proposed Pavilion and tower were originally presented to Council at the December 19, 2022, Work Session, during which Council approved staff moving forward with further development of the Pavilion/Canopy concept. The Pavilion and nearby tower will provide a signature focal point to the civic center, serving to connect the Public Safety Office Building, Council Chambers, and the future City Hall.

Part B:

Part B of CCA 2 is requested to pay for additional landscaping and site amenities approved by Council at the Oct 2nd, work Session. Prior to the Oct 2nd meeting, City Council received a presentation showing a proposed Council Chamber Courtyard, Plaza/pavilion Design and Conceptual design of a decorative “Raised”intersection at the intersection of Burke Street and School Avenue.

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design of a decorative “Raised”intersection at the intersection of Burke Street and School Avenue.

These concepts were then further developed at the Civic Center subcommittee meetings and approved by the subcommittee to bring forth to the full City council for approval at the October 2nd meeting. Additional items recommended by the subcommittee for future consideration by the full Council included constructing the future City Hall stairs/platform, Police and Fire Department “Honor Area” use of decorative trellises, and other landscaping and outdoor amenities.

Staff has been working with Darden Architects to negotiate the proposed Contract Amendment (attached). The proposed contract amendment consists of several components. The following Table shows a breakdown of the fees associated with CCA 2:

Contract Amendment 2 Request Associated Fees
Geotechnical Investigation & Material Testing $15,210
Civil Engineering & Surveying $217,500
Landscaping and Irrigation Design $129,193
Pavilion Design $398,225
Electrical Engineering $149,480
Part A Subtotal $909,608
Architectural Services for raised intersection and Council Chamber Courtyard (previously approved by (Council at 6/9 Work Session)
$118,335
Architectural Services for additional site amenities
(approved at 10/2 Council Work Session)
$119,815
Part B Subtotal $238,150
Total Requested $1,147,758
Fiscal Impact:

The current CIP includes the A/E contract of $3,519,833.86, which is already in place with Darden Architects. Darden Architects is requesting a contract amendment for an amount not to exceed $1,147,748.00. If the contract amendment is approved, this will bring the Darden Architects total contract amount to $4,667,283.86. Staff will return at a later date with an update on the estimated construction cost and overall project schedule and budget after the construction document phase has been completed.

The project’s current budget summary is as follows:

Public Safety Building (CIP 3720-72000/CP0374-999)
Phase II Budget Summary:

Fund 003 - Civic Center/Public Safety Reserve - Total
Budget
$5,250,000.00
Darden contract amount awarded $2,163,333.86
Darden contract amendment previously approved (CCA 1)$1,356,500.00 Current Darden contract amendment requested (CCA 2)$1,147,758.00 Griffin CM contract amount $1,520,000.00
Staff Project Management + misc. expenses (est.)$ 250,000.00 Total Estimate $6,437,591.86
Remaining CIP Budget <$1,187,591.86>
Budget allocation requested $1,200,000.00
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Public Safety Building (CIP 3720-72000/CP0374-999)
Phase II Budget Summary:

Fund 003 - Civic Center/Public Safety Reserve - Total
Budget
$5,250,000.00
Darden contract amount awarded $2,163,333.86
Darden contract amendment previously approved (CCA 1)$1,356,500.00 Current Darden contract amendment requested (CCA 2)$1,147,758.00 Griffin CM contract amount $1,520,000.00
Staff Project Management + misc. expenses (est.)$ 250,000.00 Total Estimate $6,437,591.86
Remaining CIP Budget <$1,187,591.86>
Budget allocation requested $1,200,000.00
Based on the above current budget shortfall, an appropriation of $1.2M is requested to fund Darden’s contract amendment. Approval of the above contract amendment is recommended to proceed with the project design as discussed in the change order request.

The Civic Center Reserve Fund is projected to have $56.7 million and $7.9 million from the Civic Center Impact fee fund at June 30, 2023. This number is an estimate as the financial statements are still being prepared for FY 22/23. An additional $40.8 million has been previously identified from other funding sources to pay for the construction of the PSOB.

Civic Impact Fee Fund 7.9$ Proj Cash Balance at 6/30/23 Civic Center Reserve 56.7$ Proj Cash Balance at 6/30/23 Fire Impact fund (GF Advance)* 4.0$
Police Impact fund (GF Advance)** 3.0$
Measure T Fire 4.0$
Measure T PD 4.0$
23/24 GF Surplus/Vacancy Savings 7.0$ Assumes no recession 24/25 GF Surplus/Vacancy Savings 3.0$ Assumes no recession Civic Center Impact Fee (23/24 & 24/25) 0.8$ Assumes no recession Civic Center Reserve Interest (22/23 & 23/24)1.2$
Funds Designated for Civic Center/PS Total91.6$
Additional Funding Options - Recommended
GF Building Maint Fund 0.8$
Measure N Fund Balance 8.0$
ARPA (PS Salary & Benefits Drawdown) 13.0$ Second Round of ARPA Funds Additional Funding Recommended 21.8$
Projected Total Available Funds 113.4$
Phase II
Funding
Prior Council Action:

October 2, 2023 - Council received a presentation and selected several outdoor amenities alternatives. Staff advised will return at a later date for approval of a consultant contract amendment.

June 19, 2023 - Council received a presentation on the Civic Center landscape options and directed staff to return with clarifications and alternatives.

May 1, 2023 - Council received an update and presentation on Phase 2 of the Civic Center and approved staff moving forward with completion of the schematic design phase of the project.

February 6, 2023 - Council received an update and presentation on Phase 2 of the Civic Center Visalia City Council Printed on 10/13/2023Page 4 of 6
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December 19, 2022 - Council received an update and presentation on the site plan and possible architectural styles for the Civic Center buildings and approved the “Mission Inspired” style.

November 21, 2022 - Council received an update and presentation on the site plan and provided direction on the building orientation.

October 17, 2022 - Council accepted the presentation and approve the recommended site plan layout. City Council further considered and provided input on architectural styles via a visual exercise.

April 4, 2022 - Council Received an update on the Public Safety Office Building and City Council Chambers Project and approved a Consultant Contract Amendment requested by Darden Architects
June 7, 2021 - Council approved a motion for Mayor Steve Nelson to appoint two members of the Council to the Planning & Preliminary Project Assessment Committee.

March 15, 2021 - Council authorized the City Manager to enter into an A/E contract with Darden Architects to design the Public Safety Office Building/City Council Chambers.

November 4, 2019 - Council approved using the design-bid-build method of procurement for the PSOB Project.

August 19, 2019 - Council authorized appropriation of funds to issue an RFP for A/E Consulting Services for the new PSOB Project.

August 5, 2019 - Council received an update on the PSF project planning. Council directed staff to return with recommendation for appropriation of funds and creation of a new CIP for the planning and design of the new Public Safety Facility.

March 4, 2019 - Staff was directed to begin the planning phase of the new Public Safety Facility, and to return with an update on building size, staffing and Project funding.

Alternatives: Click or tap here to enter text.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to approve a design consultant Contract Amendment for an amount not to exceed $1,147,758 with Darden Architects and appropriate $1,200,000 from the Civic Center Reserve Fund.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Darden Consultant Contract Amendment 2
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0371 Agenda Date: 10/16/2023 Agenda #: 8.

Agenda Item Wording:

Authorize the City Manager to award the construction contract for RFB 22-23-65, FY 23-24 Cape Seal Project (CIP 1410-72000/CP0247-999) to VSS International in the amount of $1,867,768.

Deadline for Action: None.

Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Staff recommends that City Council authorize the City Manager to award the construction contract for RFB 22- 23-65, FY 23-24 Cape Seal Project to VSS International in the amount of $1,867,768.

Summary:

This project includes the application of Cape Seal to various streets identified in the City’s Pavement Management Program. The work will be focused on specific streets throughout the City as shown in the attached map (Attachment 1). This project this year proposes to Cape Seal approximately 10 miles of road.

The Cape Seal project was developed based on the output from the Pavement Management Program. To increase the longevity of the pavement surface, it is necessary for the City to maintain the pavement of the streets properly and promptly. Applying cape seal treatments at this life-stage of the streets is beneficial as it extends the pavement life at a relatively inexpensive price. As streets deteriorate further, without this preventive maintenance, future maintenance becomes more expensive and time consuming.

Bidding Process:

A formal City bid process was conducted and on September 19, 2023, City staff opened three (3) bids that were submitted for the project. Per the construction bid documents, the apparent low bid was established by the lowest total of the Project Area A plus Project Area B plus Project Area C. The results are summarized below and are listed in order from lowest to highest bid.

No. Contractor Location Project Area A + B + C

1. VSS International West Sacramento, CA $1,867,768

2. American Pavement Systems Modesto, CA $2,045,000

3. Pavement Coatings Sacramento, CA $2,174,944
VSS International submitted the lowest responsive bid and provided the necessary components required per the specifications. It is staff’srecommendation to award the Base Bid (Area A) plus Alternate Bid 1 and 2 (Area B & C) to VSS International. VSS International completed Visalia’s FY 22-23 Cape Seal Project successfully, on time, and without any change orders. Engineering staff and the public works inspector Visalia City Council Printed on 10/13/2023Page 1 of 3
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successfully, on time, and without any change orders. Engineering staff and the public works inspector commented that VSS performed quality work in a timely manner with excellent communication. Other references such as the City of Hanford, CA have also stated VSS International performs quality and timely work.

Background Discussion:

As the City’slargest asset, the City’sroadway network must be maintained to prevent deterioration of the pavement and ride quality. Performing cape seal treatments at this life-stage of the roadway’slife cycle is beneficial as it extends the pavement life at a relatively inexpensive cost. If the roadway is allowed to deteriorate further, future maintenance becomes progressively more extensive and expensive. The PMP provides cost-effective maintenance strategies to maintain an acceptable level of service while optimizing available fiscal resources. The PMP develops a priority-based maintenance and rehabilitation program using cost/benefit analysis while taking account of current available funds and projected future funding allocations.

This contract is to provide Cape Seal maintenance on various City streets with a Pavement Condition Index (PCI) range between 20 to 65. The Pavement Condition Index is a number assigned to a pavement based on its condition and ranks the pavement on a scale of: failed (10 or less), very poor (10-25), poor (25-40), fair (40- 55), good (55-70), very good (70-85) and excellent (85-100).

The Cape Seal pavement maintenance treatment must be performed with consideration to the public. Public outreach is required to notify the residents in the work zone and to provide expectations on the extents of traffic control to be performed. Cape Seal consists of an application of a chip seal followed by a microsurfacing application onto the selected roadways. The chip seal consists of applying an asphalt-rubber seal binder combined with a heated application of aggregate cover material. After the chip seal has cured, the microsurfacing application is applied. This secondary application consists of a mixture of aggregate, emulsified asphalt, mineral filler, and other additives that creates a new drivable surface over the chip seal.

Prior to the chip seal process, the streets will be swept and prepared as necessary. The contractor will be required to provide access during the treatment process. The chip seal portion can be performed relatively quickly, 1-2 days depending on area, and provides a semi-finished surface which is typically opened within 24 hours following the treatment. Once the chip seal has cured, the roadway will be opened for fourteen (14) calendar days until the microsurfacing is applied. During this time, the street will be swept again to remove excess aggregates left behind from the chip seal. Once the microsurfacing has been applied and been allowed to fully cure, the roadway is opened back up to the public within 24 hours typically. “NoParking”signs will be posted and flyers will be handed out to residents and businesses three (3) working days prior to beginning the Cape Seal work in the affected areas.

This project is funded solely using Measure N funds. The residents of Visalia passed Measure ‘N’in November of 2016 to increase the City’sability to perform street maintenance as one of its primary objectives (CP0247).

Fiscal Impact:

The Measure ‘N’Cape Seal Project for 2023 - 2024 (CIP 1410-72000/CP0247-999) has a current budget of $2,200,000.00.

Budget Summary: FY 23-24 Cape Seal Project, CP0247
Project Budget $2,200,000
Estimated Project Costs:

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Construction Cost $1,867,768
Construction Contingency (10%) $186,768
Construction Management (2%) $37,355
Construction Inspection (3%) $56,033
Geotechnical Testing (1.5%) $28,017
Total Project Cost $2,175,941
Project Budget Surplus $24,059
Unexpended funds following completion of the project will be returned to the fund source from which they originated.

Prior Council Action:

None.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute an agreement for RFB 22-23-65 in the amount of $1,867,768 for the FY 23-24 Cape Seal Project to VSS International.

Environmental Assessment Status:

None.

CEQA Review:

None.

Attachments:
1) Project Map
2) Contractor Disclosure Form
3) Bid Summary
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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0373 Agenda Date: 10/16/2023 Agenda #: 9.

Agenda Item Wording:

Confirm acceptance of a cooperative agreement amendment with Caltrans to receive an additional $90,000 through the Clean California State Initiative to support Dump On Us event operations through FY23-24.

Deadline for Action: 10/16/2023
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, [email protected], 713-4533 Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:

Staff recommends that Council receive the report and confirm acceptance of the amendment to increase funding for the Caltrans cooperative agreement to fund the City’s Dump On Us program that is in effect through FY23-24.

Background Discussion:

The Clean California Program is a transformative initiative to remove litter, create jobs, and beautify California. This 3-year State-funded program, started in July 2021, delivers more than $1 billion statewide for litter abatement, public education, and other beautification projects.

The $1 billion in statewide funds are to be allocated in the following manner:
$418M - Litter Abatement
$287M - State Beautification Projects
$400M - Local Beautification Projects
$32M - Public Education
$62M - Project Design, Construction, and Local Support Through the litter abatement portion of the Clean California Initiative, Caltrans has developed the Clean California Local Cooperative Agreement. This local agreement is part of the $418 million for local communities to beautify and improve Caltrans right-of- ways. Caltrans has purposed some of these funds to keep our highways and right of ways free from debris and are now using these funds to help local jurisdictions with dump events that help in that goal.

Each year, the City of Visalia Solid Waste Division runs six Dump on Us events. Each event has an approximate cost to the Solid Waste Enterprise Fund (441) of about $30,000. These costs include labor, equipment, and dump fees. It takes the coordination of all Public Works divisions, including volunteers from throughout other City locations, to make an event successful. The typical number of employees needed is about 50 for each event.

The original 2-year cooperative agreement with Caltrans included $48,000 for the six events in FY22-

23. The amendment for approval in this staff report will change the total amount of the contract to Visalia City Council Printed on 10/13/2023Page 1 of 2
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23. The amendment for approval in this staff report will change the total amount of the contract to $138,000, an increase of $90,000 for year two of the agreement. This will increase the total reimbursable amount per event from $8,000 to $18,000. As the contract indicates, the funds may be used by the City of Visalia for (but not limited to) labor, equipment, and dump fees.

The Dump On Us events scheduled for the remainder of this fiscal year are as follows:

October 14th, 2023 (completed)
December 9th, 2023
February 10th, 2024
April 20th, 2024
June 22nd, 2024
Fiscal Impact:

The Caltrans amendment will increase the original 2-year cooperative agreement by $90,000, bringing the total contract amount to $138,000. The funding for Dump On Us events are already appropriated through the Capital Improvement Project CP9459, which is budgeted within the Solid Waste Fund 441.These State funds will be used to reimburse the Solid Waste Fund for project costs up to $18,000 per event.

Prior Council Action: 8/15/2022 - Council Approval of Caltrans Cooperative Agreement No. 0601 for $48,000
Other: N/A
Alternatives: Alternative would be to not accept the additional funding for Caltrans sponsored Dump On Us events and pay for the project through the Capital Improvement Program without assistance.

Recommended Motion (and Alternative Motions if expected):

I move to confirm acceptance of an amendment to increase the total amount of the Caltrans cooperative agreement to $138,000, to be reimbursed to the City of Visalia for Dump On Us events.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 8/15/2022 Council approval of original 2-year agreement, Caltrans Dump Day Event Agreement No 0601, Caltrans Agreement No 0601: Amendment 1 Visalia City Council Printed on 10/13/2023Page 2 of 2
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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0375 Agenda Date: 10/16/2023 Agenda #: 10.

Agenda Item Wording:

Authorize to accept the Selective Traffic Enforcement Program (STEP) FY 2023-24 Grant in the amount of $170,000 awarded by the California Office of Traffic Safety (OTS), appropriate $20,000 from the General Fund and authorize the Chief of Police to execute the Grant Agreement.

Deadline for Action: 10/16/2023
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Captain Luma Fahoum, ext. 4103, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]>; Sergeant Henry Martinez, ext. 4232, [email protected] <mailto:[email protected]>
Department Recommendation:

It is recommended that the City Council accept the Selective Traffic Enforcement Program (STEP) Grant awarded by the California Office of Traffic Safety (OTS) totaling $170,00 and appropriate $20,000 and authorize the Chief of Police to execute the Grant agreement. The Grant is effective from October 1, 2023, to September 30, 2024.

Summary:

The Visalia Police Department has received notification of the Selective Traffic Enforcement Program (STEP) Grant award from the California Office of Traffic Safety (OTS) on October 1, 2023. The Governor’s Office of Traffic Safety provides participating agencies with the overtime funds, equipment, and resources necessary to operate complete Driving Under the Influence (DUI) enforcement programs. The Grant will supply funding for the Department to enhance its traffic enforcement and educational efforts including, but not limited to: DUI checkpoints and saturation patrols, distracted driver, motorcycle safety, pedestrian/bicycle enforcement operations, and several traffic educational presentations.

Background Discussion:

With various strategies, DUI enforcement is aggressively targeted through checkpoints, saturation details, traffic enforcement, distracted driver, motorcycle details and traffic safety education. The grant is dedicated to reducing the number of alcohol-related collisions, increase the number of DUI enforcement efforts, and raise public awareness regarding the dangers and consequences associated with drinking and driving. Operations are conducted in areas with disproportionate numbers of alcohol related traffic collisions.

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collisions. In the subsequent grant year of 2021-22, this number declined to 30. However, in the most recent grant year of 2022-23, there was a slight increase, resulting in 42 injuries and two alcohol- related fatal traffic collisions. The City of Visalia has seen a steady increase in the number of drivers and vehicles traveling within the city. This grant will provide additional resources to aid the department in enhancing enforcement and educational efforts to provide safer roadways.

Fiscal Impact:

This Grant is budgeted annually and currently has a budget of $150,000 in the Traffic Division 2103.

An additional $20,000 in appropriations is required. The General Fund will be reimbursed by the Grant.

Prior Council Action: None.

Other: N/A
Alternatives: Not accept the Grant.

Recommended Motion (and Alternative Motions if expected):

Authorize to accept the Selective Traffic Enforcement Program (STEP) FY 2022-23 Grant in the amount of $170,000 awarded by the California Office of Traffic Safety (OTS) and authorize the Chief of Police to execute the Grant Agreement and appropriate an additional $20,000.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Grant Agreement.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0380 Agenda Date: 10/16/2023 Agenda #: 11.

Agenda Item Wording:

Authorize the City Manager to award a sole source annual contract for the purchase, service, and repair of, storm and sanitary lift station pumps to Shape Incorporated of Pleasanton, CA, renewable for up to four (4) additional one (1) year terms, in an amount not to exceed $150,000 for the first year and $300,000 for each subsequent year.

Deadline for Action: 10/16/2023
Submitting Department: Public Works
Contact Name and Phone Number:

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

Staff recommends that City Council authorize the City Manager to award a sole source annual contract for the purchase, service, and repair of, storm and sanitary lift station pumps to Shape Incorporated of Pleasanton, CA, renewable for up to four (4) additional one (1) year terms, in an amount not to exceed $150,000 for the first year and $300,000 for each subsequent year.

Background Discussion:

The City’s sanitary sewer and storm sewer systems include 13 lift stations and 38 lift stations respectively. Over the past several years, the City has rehabilitated three or four lift stations per year to ensure they remain in working order. This work is included in the annual CIP budget for Wastewater and Storm Sewer Maintenance.

Part of the rehabilitation process includes the rebuilding or replacement of pumps. Over time, all sewer and storm lift stations city-wide, , have come to utilize Flygt submersible pumps. This degree of standardization has resulted in streamlined maintenance work and simplified inventory needs.

In an effort to maintain consistency and reliability, the ability to service, repair and purchase factory replacement parts for this equipment is critical. In many cases, this is only possible through the utilization of a contract through a factory authorized dealer. Shape Incorporated is the sole factory authorized distributor and certified repair center for Flygt pumps in Central California. Although the pumps can be purchased from other retailers, each of those retailers can only obtain the pumps from Shape, and only Shape can provide the City with factory authorized warranty and repair work. To continue streamlining the process and reducing costs, staff is requesting a sole source contract with Shape Incorporated for the purchase, service and repair of Flygt pumps.

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Fiscal Impact:

This contract will be funded through the Wastewater Fund (431) and Storm Sewer Maintenance Fund (481) utilizing two CIPs: Sanitary Pump Replacement (CP0324) and Storm Pump Replacement (CP0339), respectively. The FY23/24 budget for Sanitary Pump Replacement (CP0324) is $150,000, while Storm Pump Replacement (CP0339) is not currently funded. Staff will submit a CIP request during the new budget cycle to cover the project costs planned for FY24/25 and forward.

Alternatives:

The Finance Department could issue a formal Request for Bids for the purchase of this equipment.

This is not recommended as purchasing direct from the distributor avoids the 15-20% retail markup.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award a sole source annual contract for the purchase of storm and sanitary lift station pumps to Shape Incorporated of Pleasanton, CA, renewable for up to four (4) additional one (1) year terms, in an amount not to exceed $150,000 for the first year and $300,000 for each subsequent year.

Attachments:

Letter from Flygt
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0384 Agenda Date: 10/16/2023 Agenda #: 12.

Agenda Item Wording:

Appropriate $100,000 from the Wastewater Fund (431) for the disposal of biosolids produced at the Visalia Water Reclamation Facility.

Deadline for Action: 10/16/2023
Submitting Department: Public Works
Contact Name and Phone Number:

Nick Bartsch, Public Works Director, [email protected], (559) 713-4052 Department Recommendation:

Appropriate an additional $100,000 from the Wastewater Fund (431) for the disposal of biosolids produced at the Visalia Water Reclamation Facility.

Background Discussion:

The City of Visalia Water Reclamation Facility (WRF) produces biosolids as a bi-product of the treatment of wastewater that enters the facility. The State permit requires that this material be removed from the WRF site within 2 years. Historically, the City has contracted with a vendor to load, haul, and dispose of this material. This service was performed at a unit price, based on the tonnage of material disposed. The contract price in 2022 (for disposal of 2021 material) was $72 per ton. The final costs to dispose of the 2021 material totaled $296,979.68. The contract for this disposal service has since expired.

As an alternative to contracting out this turn-key service, Staff has identified another option that reduces cost, while maintaining compliance with the City’sState permit. There is no requirement in the City’s permit that dictates method of disposal, and therefore, through coordination with the County Landfill, they have confirmed their ability to accept this material at the current rate of $12 per ton. The City has procured transport services to haul this material from the WRF to the County Landfill for $160 per hour, equating to an estimated equivalent rate of $14 per ton. Therefore, through this coordination, this material can be hauled and disposed of for a fraction of the cost to contract out the entire operation.

However, the volume of biosolids has dramatically increased over recent years due to a variety of factors including growth throughout the City and its industrial customers, as well as the consistency of the influent entering the WRF. Consequently, adequate funding was not budgeted to cover the total amount of this work. Staff has estimated the volume of 2022 biosolids material to be approximately 7,000 tons. Costs associated with the transport and disposal of this material is paid for through the Biosolids Operating Budget (4336). As in the prior year, additional funding is needed to cover this increase in expenses. But, through the utilization of this alternative disposal method, the estimated additional funding needed is $100,000, which is still significantly less than the costs from Visalia City Council Printed on 10/13/2023Page 1 of 2
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the prior year. Appropriate budget figures will be included in the next budget cycle.

Fiscal Impact:

The $100,000 of additional funds will be appropriated to the Operating Budget for the Biosolids Division (4336-55700). Staff plans to increase the Biosolids Operating Budget for future disposal costs during the next 2-year budget cycle.

Prior Council Action:

December 5, 2022
Authorize the City Manager to extend the contract with Denali Water Solutions for the removal and disposal of biosolids produced at the Visalia Water Reclamation Facility for a period of six (6) months for an amount not to exceed $220,000 and appropriate an additional $100,000 from the Wastewater Fund.

April 17, 2023
Authorize the City Manager to amend the not to exceed amount of the contract with Denali Water Solutions for the removal and disposal of biosolids produced at the Visalia Water Reclamation Facility from $220,000 to $280,000 and appropriate an additional $83,500 from the Wastewater Fund.

Recommended Motion (and Alternative Motions if expected):

I move to appropriate an additional $100,000 from the Wastewater Fund (431) to the Biosolids Divisions Operating Budget (4336-55700) for the disposal of biosolids produced at the Visalia Water Reclamation Facility.

Attachments:

None.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0385 Agenda Date: 10/16/2023 Agenda #: 13.

Agenda Item Wording:

Second reading and adoption of Ordinance 2023-05 of proposed revisions and amendments of Visalia Municipal Code Chapter 8.28, Solid Waste Collection and Disposal. Revisions and amendments incorporate Senate Bill (SB) 1383 regulations related to state recycling requirements.

Deadline for Action: 10/2/2023
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, [email protected], 713-4533 Nick Bartsch, Public Works Director, [email protected], 713-4186 Department Recommendation:

Staff recommends that Council adopt the amended and revised Chapter 8.28 Solid Waste Collection and Disposal to bring the municipal code current with state regulations required in SB 1383.

Background Discussion:

City staff has been working to ensure the City is in compliance with the regulations set forth in Senate Bill (SB) 1383. Although the new regulations are challenging to many jurisdictions, City staff has worked closely with California’sDepartment of Resources Recycling and Recovery (CalRecycle) and the City Attorney’s Office, to update Chapter 8.28 of the City’s Municipal Code, Solid Waste Collection and Disposal. This work was to enable the City to have updated and enforceable ordinances in place for the regulations that CalRecycle has required.

The purpose of SB 1383 is to reduce the amount of organic waste that makes its way to landfills.

When buried in landfills, organic wastes (including paper, cardboard, food scraps, food soiled paper, yard trimmings, and other organic-based wastes) emit 20% of the state’smethane, a climate super pollutant 84 times more potent than carbon dioxide. This organic waste makes up half of what Californians send to the landfill and reducing that can have a direct impact to our climate, especially in the San Joaquin Valley.

The final rulemaking for SB 1383 was completed by CalRecycle on November 3, 2020, with the final text of the regulations published in February 2021. Since then, cities have been working with CalRecycle to interpret the regulations and help publish CalRecycle model tools that can be utilized for accuracy and correctness.

Fortunately for the City of Visalia, solid waste programs and policies already in place contribute to the community being well on the way towards compliance with SB 1383. In June of 2018, City Council adopted City Ordinance 2018-03, which revised much of the Solid Waste Ordinance, and adopted mandatory organics waste collection, a key component of SB 1383. In April of 2022, Council adopted Ordinance 2022-05 which updated the mandatory recycling sections to the more stringent thresholds Visalia City Council Printed on 10/13/2023Page 1 of 3
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Ordinance 2022-05 which updated the mandatory recycling sections to the more stringent thresholds set forth by CalRecycle. Furthermore, in September of 2022, Council adopted Ordinance 2022-07 which updated the requirements for edible food generators and the organizations that participate in food recovery.

To aid this effort, CalRecycle staff have identified and helped in further formulating language needed to conform to CalRecycle standards. The changes recommended by CalRecycle staff are interpreted directly from the State regulations and are intended to help the City update the local ordinance for compliance.

Ordinance Revision and Update Focus
The update to Chapter 8.28 of the City ordinance is focused on revisions and updates to SB 1383 regulations only. Some sub-sections have been deleted, as they no longer apply per the new regulations, and thresholds have been updated as they have phased out over the years.

Education Period for Non-Compliance
SB 1383 regulations give jurisdictions the option to conduct a two-year education period from January 1, 2022 - December 31, 2023. This period included all of the actions the jurisdiction is required to take, but allowed for the jurisdiction to simply provide educational materials to inform a customer of the requirements when they are not in compliance, rather than to issue a penalty. Staff recommends this approach for these new updates. However, staff will continue with enforcement actions on the other SB 1383 related items like contamination of organic waste, since the City has had organics service since 2014 when food scraps were initially permitted in our green waste residential receptacles.

Even though CalRecycle applies a “Good Faith Effort” when determining a jurisdiction’scompliance with the SB 1383 requirements, it is important to note that there are repercussions if the City does not comply. If CalRecycle determines that a jurisdiction’sordinance is inconsistent or does not meet the requirements of the regulations, CalRecycle will notify the jurisdiction and provide an explanation of the deficiencies. The jurisdiction then has 180 calendar days to correct. If CalRecycle finds a jurisdiction in violation of the regulations beyond the correction period, there may be penalties.

These penalties can range from $500 - $10,000 per day dependent on the type of violation.

Fiscal Impact:

None
Prior Council Action: June 18, 2018 - Adoption of Ordinance 2018-03. This revised Visalia Municipal Code Section 8.28 to comply with State Assembly Bills AB341 and AB1826 to the requirements at that time. April 4, 2022 - Adoption of Ordinance 2022-05. This revised the recycling requirements of who must subscribe to a higher standard threshold. September 19,2022 - Adoption of Ordinance 2023-07. This updated the ordinance pertaining to edible food generators and food recovery organizations. October 2, 2023 - First public hearing held for Ordinance 2023-05.

Other: N/A
Alternatives: Alternatives: Alternative is to not approve and adopt Ordinance 2023-05 and the associated amendments and revisions to the Visalia Municipal Code chapter 8.28, Solid Waste Visalia City Council Printed on 10/13/2023Page 2 of 3
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associated amendments and revisions to the Visalia Municipal Code chapter 8.28, Solid Waste Collection and Disposal. This may require enforcement action by CalRecycle that may include fines, as described above.

Recommended Motion (and Alternative Motions if expected):

I move to approve and adopt Ordinance 2023-05 and the associated amendments and revisions to the Visalia Municipal Code chapter 8.28, Solid Waste Collection and Disposal.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Draft Ordinance 2023-05 Ordinance 2018-03 Adoption Ordinance 2022-05 Adoption Ordinance 2022-07 Adoption
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0391 Agenda Date: 10/16/2023 Agenda #: 14.

Agenda Item Wording:

A request by Sequoia Riverlands Trust to be certified as an entity for the purposes of holding agricultural conservation easements in accordance with the City of Visalia Agricultural Preservation Ordinance.

Deadline for Action: 10/16/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council confirm Sequioa Riverlands Trust as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance.

Summary:

Article 4 of the Agricultural Preservation Ordinance addresses how the city proceeds with certifying qualified entities. Under Article 4, qualifications for entities to be considered include:

1. The entity must be a nonprofit public benefit corporation operating within the state of California, and

2. The entity is qualified to hold conservation easements under California Civil Code section 815.3, and

3. The entity must be approved by the City Council for the purpose of holding and managing agricultural conservation easements in accordance with the APO.

Sequoia Riverlands Trust (SRT) is the first organization that has submitted the necessary information to staff seeking approval by the City Council as a qualified entity for the purpose of holding agricultural conservation easements in accordance with the Agricultural Preservation Ordinance.

Staff has reviewed the information submitted by SRT and concludes that they can be certified as an entity for the purposes of holding agricultural conservation easements in accordance with the provisions of the Agricultural Preservation Ordinance as follows:

In considering whether to approve an entity as a qualified entity for purposes of this chapter, the City Council shall consider the following criteria.

1. Whether the entity's principal purpose includes holding and administering easements for conserving and maintaining lands in agricultural production.

Response: SRT implemented its first agricultural conservation easement in the San Joaquin Valley in 2009 and has a portfolio that currently includes 30 properties covering ±6,250 cultivated Visalia City Council Printed on 10/13/2023Page 1 of 4
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Valley in 2009 and has a portfolio that currently includes 30 properties covering ±6,250 cultivated acres. An additional ±2,500 acres of productive rangeland comprising nearly a dozen properties is held in easement in the Sierra Nevada foothills and more than 4,100 acres of rangeland are held in fee-title and managed by SRT. Combined, the properties SRT holds in easement, manages, and owns in the south valley and foothills include a majority of privately conserved land in the region, sustaining agricultural and grazing operations as well as maintaining critical natural habitats.

2. The extent and duration of the entity's involvement in agricultural land conservation within the southern San Joaquin Valley.

3. Whether the entity has been accredited by the Land Trust Accreditation Commission.

Response: As noted above, SRT is a 501(c)(3) nonprofit and accredited land trust through the Land Trust Alliance (LTA). A copy of their accreditation certificate along with a copy of their “Land Trust Annual Membership Renewal Invoice” is attached to this staff report.

4. Whether the entity is a member in good standing of an established and widely recognized national or statewide association of land trusts.

Response: Sequoia Riverlands Trust was founded in 2000 and its current mission statement is “to conserve the lands and waters of California’s heartland”. SRT is a 501(c)(3) nonprofit and accredited land trust through the Land Trust Alliance (LTA). A copy of their accreditation certificate along with a copy of their “LandTrust Annual Membership Renewal Invoice”which is attached to this staff report. In addition, SRT implemented its first agricultural conservation easement in the San Joaquin Valley in 2009 and has a portfolio that currently includes 30 properties covering ± 6,250 cultivated acres.

5. Whether the entity’s easement template is consistent with the terms of this chapter.

Response: The draft easement template which is attached to this report is consistent with the terms identified in the agricultural preservation ordinance including this easement is to enable the Property to remain in productive agricultural use in perpetuity.

6. Any other information or requirements the City finds relevant under given circumstances.

Response: SRT also has major programs including a robust environmental education program interacting with students and educators across Tulare County, holding of traditional and agricultural conservation easements (±31,000 acres), fee title ownership and management of multiple nature preserves (±4,000 acres with public access), and land management contracts (±20,000 acres). Approximately 6,500 acres of fee title lands and 6,300 acres of land managed by SRT are in the Carrizo Plain while the majority is concentrated in the southern San Joaquin Valley and Sierra Nevada foothills.

SRT’smain office is located in Visalia, CA with a second office in the Carrizo Plain, and there are currently 19 full-time staff members. While staff are responsible for day-to-day operational decisions, the Board sets organizational policy and supervises the Executive Director, who in turn Visalia City Council Printed on 10/13/2023Page 2 of 4
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decisions, the Board sets organizational policy and supervises the Executive Director, who in turn oversees other staff members. The Board also consults with staff members in specific program areas through standing committees that have both Board and staff representation. In accordance with LTA Standards and Practices, SRT staff do not commit to any land or easement acquisition without providing the full Board information on the conservation values, financial implications and other elements of the transaction, and securing a Board vote of approval.

Based on the information provided by SRT and as noted in the staff report, staff recommends that SRT be approved as a qualified entity for the purposes of holding for the purposes of holding agricultural conservation easements.

Fiscal Impact:

None.

Prior Council Action:
· On May 15, 2023, the City Council held a second reading and adopted Ordinance No. 2023-

02. · On May 1, 2023, the City Council held a public hearing to introduce Ordinance No. 2023-02.

The City Council voted 4-0, Vice Mayor Taylor recused, to introduce and adopted Ordinance No. 2023-02.
· On March 6, 2023, the City Council received a presentation and update on the release of the draft APO. During the Work Session presentation, the consultant and staff provided an overview of the ordinance and received input from the City Council and community on the content of the draft ordinance.
· On December 5, 2022, the City Council received a presentation and provided direction regarding a series of options for the City Council’sconsideration ahead of a future adoption of an APO to implement General Plan Land Use Policy LU-P-34. · On August 18, 2022, the City Council adopted Resolution No. 2022-50 which rescinded the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34 by removing the requirement to establish an Agricultural Mitigation Program (AMP) for properties converting prime farmland and farmland of statewide importance within Growth Tiers II and III. The adoption of the resolution to rescind the adoption of Resolution No. 2021- 44 was based on the ruling of the Superior Court of the State of California, County of Tulare, which invalidated the City of Visalia’sapproval to General Plan Amendment (GPA) No. 2021- 01 and the related certification of an addendum to a previously certified environmental impact report (EIR).

Other: None.

Alternatives:

The City Council can elect to not approve Sequoia Riverlands Trust as a qualified entity.

Recommended Motion (and Alternative Motions if expected):

I move to approve Sequioa Riverlands Trust as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the Visalia City Council Printed on 10/13/2023Page 3 of 4
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agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance
Environmental Assessment Status:

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

CEQA Review:

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

Attachments:

1. Qualified Entity Checklist

2. Sequoia Riverlands Trust Executive Summary

3. Sequoia Riverlands Trust Bylaws

4. Sequoia Riverlands Trust Accreditation Certificate

5. Copy of the Land Trust Annual Membership Renewal Invoice

6. Draft Copy of Agricultural Conservation Easement
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0392 Agenda Date: 10/16/2023 Agenda #: 15.

Agenda Item Wording:

Authorize and award a purchase contract with National Auto Fleet Group located in Watsonville, CA, for a not to exceed amount of $3,040,000 to purchase thirty-two (32) 2024 Police patrol vehicles and appropriate additional funds of $233,200 from various funds.

Deadline for Action: 10/16/2023
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]> ; Captain Dan Ford, ext. 4151, [email protected] <mailto:[email protected]> ; Financial Analyst Liz Ybarra, ext.4250, [email protected] <mailto:[email protected]>
Department Recommendation:

Authorize and award a purchase with National Auto Fleet Group located in Watsonville, CA in the amount not to exceed $3,040,000 to purchase thirty-two (32) 2024 marked patrol vehicles and appropriate additional funds of $233,200 from various funds outlined in the report. This purchase is utilizing the National Sourcewell Master Vehicle contract 091521-NAF.

Summary:

The Department annually replaces vehicles as allocated in the budget and in accordance with the City’s Vehicle Policy. The Police Department currently has ten (10) patrol vehicles budgeted for replacement in the Vehicle Replacement Fund and two (2) in Measure N. Staff is also recommending advancing the purchase of twenty (20) patrol vehicles from FY24/25, bringing the total purchase to thirty-two (32).

In addition to the thirty-two (32) vehicles, staff are currently working through the Measure N process for the purchase of two (2) Measure N patrol vehicles. If approved, this would replace a total of thirty- four (34) vehicles. These Measure N vehicles would be an amendment to this contract once approved.

Staff previously prepared a staff report for the purchase of the above-listed vehicles. Staff’s intention at that time was to purchase Ford Police Interceptors; however, due to circumstances currently affecting the automotive industry as a whole, Ford has not shown any indication of opening an ordering window. As a result, Staff have determined that the Dodge Durango provides city staff with the highest likelihood to both order and receive our full request. Despite our current assessment, staff is requesting to increase funding per car to $95,000 to ensure all acceptable options available to the Department should additional changes affect the automotive industry.

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Background Discussion:

On August 21, 2023, City Council unanimously approval the purchase of twelve (12) Ford Police Interceptors for FY23/24 and to advance the purchase of twenty (20) Ford Police Interceptors for FY24/25. As described in the previous staff report for that Council session (attached to this report for reference), the precarious nature of the automobile industry is placing an unprecedented demand for patrol vehicles despite limited supplies. At the time of that hearing, based on the information staff had and the estimated projections for ordering windows, staff believed that the best option would be the Ford Police Interceptor. Since that time, the United Auto Workers (UAW) began an incremental strike that has led to an increase in parts and assembly plant closures. As a result, the ordering window has not opened for Ford and there is a high likelihood of significant delays before the ordering window opens, if it does at all in the next year.

Law enforcement organizations around the State and Country are feeling the effects of this crisis.

Organizations are having orders cancelled and at least one California city has declared a state of emergency to bypass traditional bidding process in an effort to secure an order.

Staff have been working with our existing vendors to research solutions to this problem. Dodge (Stellantis) elected to open their ordering window despite the issues related to the strike and as a result, staff are currently recommending the purchase of Dodge Durango Pursuit. Because we have been a longtime client of Dodge (through our purchases of the Dodge Charger), our orders are prioritized over new customers; increasing the likelihood that our order will be accepted and fulfilled.

The Dodge Durango Pursuit performs consistent with the Ford Explorer and in discussions Fleet staff, there is no concern integrating this vehicle option. Additionally, the costs projections for this option are consistent with previous projections for the Ford Police Interceptor. Unfortunately, Dodge does not provide a hybrid option for patrol vehicles, and staff have converted the previous request for two (2) hybrid vehicles into two (2) gas-powered options.

Although staff are confident that Dodge will be able to receive and fulfill our requested purchase, staff is requesting authorization from City Council to purchase marked patrol vehicles at a cost up to $95,000 per vehicle, with a total cost not to exceed $3,040,000. This authorization request is due to the dynamic nature of the automotive industry and serves as safety measure should our projections fall short or other external conditions impact our current situation. It will also provide staff with the flexibility to make immediate decisions and prevent the city from having to consider more dramatic means to resolving the ordering crisis facing the law enforcement industry. Despite this request, staff will continue to pursue the costs previously provided to Council.

Based on the above information, staff is requesting to enter into a contract with National Auto Fleet Group located in Watsonville for an amount not to exceed $3,040,000 for Dodge Durango. Due to the timing of placing these orders, staff is also requesting authority to enter into an agreement with National Auto Fleet Group for Ford Explorers if the Dodge Durango is not able to be purchased for the same not to exceed amount. If both options are not available, staff will return with other options.

Fiscal Impact:

At the August 2023 Council meeting, staff had an average estimated base cost for each gas patrol vehicle of $87,250. This cost included upfitting which averaged $28,000. The cost varies depending on the patrol vehicle type (K-9 versus regular patrol)
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Since Measure N budget amendments need to go through a separate process, staff is requesting to increase the budget for only the vehicles listed in the General Fund Vehicle Replacement Fund ($177,900) and Measure T ($55,300). Measure N budget amendment is on a separate Council item for discussion.

The total not to exceed of $3,040,000 will be funded by the following funds:
· General Fund Vehicle Replacement $ 2,185,000
· Measure T Vehicle Replacement Fund $ 665,000
· Measure N Vehicle Replacement Fund $ 190,000
Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

Award a purchase contract with National Auto Fleet Group located in Watsonville, CA, for an amount not to exceed $3,040,000 to purchase a thirty-two (32) 2024 marked patrol vehicles and appropriate $233,200 from various funds outlined in the report.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: August 21, 2023, approved staff report.

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707 W. Acequia
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File #: 23-0401 Agenda Date: 10/16/2023 Agenda #: 16.

Agenda Item Wording:

Confirm submission of support letters requested by Tulare Irrigation District for Bureau of Reclamation grant applications the District is submitting for the Okieville and Water Dashboard Projects.

Deadline for Action: 10/16/2023
Submitting Department: Administration
Contact Name and Phone Number: Gladys Ruiz, 559-713-4314; Leslie Caviglia, 559-713-4332 Department Recommendation:

It is recommended that the Visalia City Council confirm letters of support that the Mayor signed at the request of Tulare Irrigation District (TID) for grant application submissions to the United States Bureau of Reclamation for the Okieville and Water Dashboard Projects. This request is consistent with the City’s commitment to groundwater sustainability and since the deadline for the support letters was before this Council Meeting, the Mayor signed the letters with the provision that it would need to be confirmed by the City Council.

Background Discussion:

Tulare Irrigation District is a partner with the City of Visalia in the Mid-Kaweah Groundwater Sustainability Agency. The City and the District share a mutual goal of seeking ways to better manage water in the local region and are supportive of each other’s efforts. TID is applying for the WaterSMART Drought Resiliency Project Grant for TID’s proposed Okieville Groundwater Well and Recharge Basin Project. This project would focus on a new well and water storage facility for a local disadvantaged community. This infrastructure would assist with groundwater reliability and provide water management during wet and drought periods for the Okieville community.

Tulare Irrigation District is also applying for the WaterSMART Applied Science Grant for TID’s proposed Geographical Information System Water Dashboard-Hydrologic Data Management and Forecasting Tool Project. This essential tool would monitor, record, and manage water supplies for historical data and facilitate future strategic management decisions. The Dashboard Project would serve to bolster water reliability for the Kaweah Subbasin and be a resource for better water management within the local region.

The Okieville and Dashboard Projects would contribute to efforts in achieving long-term groundwater sustainability; therefore, the City of Visalia is supportive of TID’s projects and applications for grant funding.

Fiscal Impact:

No direct impact to the City of Visalia in supporting TID’s grant applications.

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Prior Council Action: N/A
Other: N/A
Alternatives: Have TID withdraw the City’s letters of support from the grant application packages.

Recommended Motion (and Alternative Motions if expected):

I move to confirm the submission of support letters requested by Tulare Irrigation District for their Bureau of Reclamation grant applications for the Okieville and Water Dashboard Projects.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1) Letter of Support for the Okieville Project. 2) Letter of Support for the Dashboard Project.

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707 W. Acequia
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File #: 23-0308 Agenda Date: 10/16/2023 Agenda #: 17.

Agenda Item Wording:

Consider adoption of Resolution 2023-43 requesting to participate in the Department of Water Resources Temporary Land Clearing reimbursement for Flood Diversion Equipment & Recharge Enhancement Initiative.

Submitting Department: Administration
Contact Name and Phone Number: Rhett Anderson, (559) 713-4530 Department Recommendation: It is the recommendation of staff that the Visalia City Council to adopt Resolution 2023-43 in order to receive funding from the Department of Water Resources for groundwater improvement and to reduce flooding in the Tulare Lake Bottom.

Background Discussion: The Department of Water Resources (DWR) is actively working with local agencies to supplement funding for clearing permanent crops in order to permanently develop land to be more suitable for groundwater recharge and flood mitigation. This funding opportunity is being provided through a subset known as the Flood Diversion Equipment and Recharge Enhancement initiative. In March of 2023, the City of Visalia began diverting flood water via pumping out of the Kaweah system in order to alleviate surface water flows that would ultimately deposit to the Tulare Lake Region, causing further damage to the area. The supplemental funding for land clearing, informally referred to as “Rip and Chip”, provided by DWR will aid the City in efforts to remove orchards originally designated for agricultural use, for the purposes of permanent clearing and removal of permanent crops for the purpose of floodwater mitigation during the upcoming flood season and groundwater enhancement. DWR is willing to put forth funding on the condition that the ground that is cleared using DWR funding will remain non-agricultural, and be utilized for floodwater mitigation and groundwater improvement. While DWR has stated that while the funds are being allocated under an emergency ordinance for flood mitigation and groundwater improvement, they understand that there may not be a risk of flooding in the oncoming water year, and will not hold the City inadequate on eligibility of reimbursement should the floodwater not be available for diversion in the oncoming water year of 2024.

The reimbursement program would provide financial assistance to organizations willing to provide funding exclusively for land clearing and mastication of woody vegetation. The parcel is going to be permanently retired from farm ground and redesignated for future public use within the multi-faceted East Side Regional Park project (See Attached). DWR has agreed to reimburse the City of Visalia for the total costs of the contractor to remove and dispose of 40 acres worth of trees, including a 10% buffer incase costs of services increase since the time that the quote was provided to City staff. By utilizing this program, the City can optimize an oncoming projected year of above average precipitation at a reduced financial burden to the City, in which funds that may have been utilized for land clearing pre-construction can now be devoted to efforts of water diversion. There is no obligation on the City to provide the water for recharge, and intends to deposit exclusively floodwater, unless Visalia City Council Printed on 10/13/2023Page 1 of 5
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other categories of water are more feasible for the City. Currently, large diameter (larger than 6 inches in diameter intake) diesel powered trash pumps are the most feasible method for diverting water out of Mill Creek and onto the parcel should floodwaters become available.

Proposed Orchard for Application:

This program is currently designated for and applicable to 40 acres of established pecan trees owned by the City directly south and adjacent to Mill Creek and directly west and adjacent to Road 152. The APN for this parcel is 103-500-001. The parcel Is currently composed of over 1,100 standing pecan trees. It is estimated by City staff that roughly half of the total volume of organic material within the orchard is already dead. While some trees have experienced 100% mortality, most other trees are partially dead, specifically within the upper half of the canopy. Many of the previously presumed dead trees were able to re-establish themselves after the significant rain events of Water Year 2023, however profitable production is not expected to make a recovery at any point. This area is one parcel of many that will soon become the Eastside Regional Park. Of the multiple parcels that compose the future East Side Regional Park, approximately ~120 acres of fallowed walnuts also occur on the parcels directly north of the respective pecan orchard, also adjacent to Mill creek.

Procurement:

Because this program falls under state of emergency funding through the State of California, DWR has confirmed with City staff that the City is not required to employ a formal bid process to receive funding, and that sole sourcing is an option for the City due to the funding originating as a result of emergency response.

City staff has procured a quote for services from JFS Enterprises INC., in the total amount of $285,000.00 which would completely cover the cost to remove the entirety of the trees on the parcel, including stumps, and disposal of the organic material to a third-party site. This quote for service was done utilizing prevailing wage for estimated hourly labor. City staff have calculated total cost of services to be the original amount quoted from the vendor, including a 10% buffer to anticipate any fluctuation in pricing from the time of service from the time that the quote of service was produced.

The quote for service, including the 10% buffer, equates to a total of $313,500. The quote for service has been attached to this report. Staff anticipates that staff time to implement this project will be valued at 10% of the total project cost. This estimate produces a total maximum estimated cost of staff time to be $31,350.00, of which 0% is reimbursable to the City through DWR. In total, project implementation is estimated to be $344,850, of which $313,500.00 Is reimbursable to the City through this program.

Vendor: JFS Enterprises INC.

Cost of Service: 285,000.00$
Cost of Service w/ 10% Buffer: 313,500.00$
Estimated Staff Time: 31,350.00$
Total Cost: 344,850.00$
Total Reimbursable Cost: 313,500.00$
Estimated Total Cost to COV: 31,350.00$
The City is reimbursable so long as the land being fallowed will remain in use for agricultural purposes, in a capacity that is satisfactory to DWR. Future project plans of the park have been Visalia City Council Printed on 10/13/2023Page 2 of 5
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shared with DWR, who has determined that the respective acreage is eligible for reimbursement for the entire parcel. Flood management and groundwater improvement includes floodwater diversion, managed aquifer recharge (Flood-MAR), or installation of permanent beneficial water projects. The City fully intends to, at minimum, divert water onto the parcels that are cleared for the purposes of flood mitigation and groundwater recharge and improvement should the water resources be available and/or should the City of Visalia require additional capacity be made within the Mill Creek channel in order to alleviate flood risk. The City also recognizes that a portion of the western side of the parcel may be utilized for temporary fill dirt deposition anytime after the spring of 2024. These construction activities will not interfere with floodwater mitigation efforts in water year 2024.

Program Benefits
Looking past the immediate financial benefits that the City would receive as a result of being awarded the supplemental funds for land clearing, a number of other benefits exist as well.

1. Enhanced Floodwater Management: Removing the permanent pecan orchard and clearing the fallowed agricultural land will create effective floodwater diversion zones. During the anticipated wet season, these cleared areas can serve as natural buffers, redirecting excess water away from critical conveyance systems and urban areas. This proactive floodwater management approach reduces the risk of flood-related damages to public and private properties, enhancing the city's overall flood resilience.

2. Optimized Land Utilization: The conversion of fallowed agricultural land, previously occupied by permanent pecan orchards, into floodwater diversion zones optimizes land usage. By repurposing this land for temporary floodwater storage, the city gains a dual benefit of mitigating flood risks and utilizing otherwise underutilized areas. This transformation aligns with the city's objective to maximize the utility of its land resources for community welfare.

3. Positive Impact on Groundwater: The removal of permanent vegetation and the diversion of surface water can have a positive impact on groundwater elevation. Diverting excess surface water away and out of the Kaweah system can reduce the pressure on local aquifers, allowing for additional recharge. This holistic approach benefits both surface water management and groundwater sustainability, contributing to long-term water resource management goals.

4. Precedent for Environmental Sustainability: By removing the pecan orchard and utilizing the land for floodwater diversion, the City of Visalia sets a precedent for environmental sustainability and adaptive land use. This action reflects the city's commitment to responsible water management and proactive strategies for addressing climate-related challenges. The cleared land can become a model for future development within the East Side Regional Park, showcasing the integration of water management practices with community development.

5. Long-Term Support and Collaboration: Utilizing Department of Water Resources funding establishes a collaborative partnership between the city and a key state agency. This partnership can extend beyond the project's completion, ensuring ongoing support, data sharing, and knowledge exchange. The city benefits from continued access to resources, expertise, and updates on best practices in water management. Such long-term collaboration provides a foundation for sustained groundwater recharge efforts and improved flood mitigation strategies in the face of changing conditions and future challenges.

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If awarded, the City of Visalia would receive reimbursement for the benefit of water resource management. Currently, the City is making efforts to clear fallowed trees on numerous acres of land, however it would appear that for the time being, the identified parcel of 40 acres of pecans will be the only eligible acres to apply for within the funding opportunity.

Appropriation:

Should the council move to adopt Resolution 2023-43, City staff will return to request reimbursement for the cost to remove and masticate the 40 acres of pecans located at APN 103-500-001. These costs will be incurred between October 2023 and December 2023. All service costs, including equipment, labor, and fuel are fully reimbursable to the City. City staff time is not eligible for reimbursement.

The reimbursement program for floodwater diversions proposed through the Department of Water Resources offers a unique opportunity for the City of Visalia to address flood management challenges in the area while simultaneously recharging groundwater resources. By investing in floodwater diversion infrastructure, the City will experience various benefits in addition to project advancement for the East Side Regional Park, including reduced flood risks to critical infrastructure, enhanced groundwater sustainability, cost savings, and improved environmental conditions.

Considering the advantages outlined above, implementing this program is strongly recommended. It aligns with the city's long-term vision for water resource management, fosters environmental stewardship, and promotes resilience in the face of changing climatic conditions. By seizing this opportunity, the City of Visalia can set an example for other communities facing similar challenges and contribute to a more sustainable and prosperous future.

Upon being awarded with the supplemental funding by DWR, City staff will return to council to ask for an appropriation of any remaining funds not covered by the grant, including staff time, and award the contract to a vendor.

Fiscal Impact: The City of Visalia is eligible for reimbursement for the total of mastication from the Department of Water Resources. The funding is only available to the vendor for the amount quoted, including a 10% buffer. All funds provided by the Department of Water Resources for the purposes of land clearing services that are not utilized will be returned to the Department of Water Resources.

The City of Visalia would be responsible for all staff time, and any other additional costs that may be incurred. Staff time is estimated to be 10% of the total project costs. Should the resolution be passed, staff will return to council to request appropriation for funds.

Prior Council Action: N/A
Other: Please see attachments.

Alternatives: The Council may choose not to adopt resolution 2023-43 Recommended Motion (and Alternative Motions if expected):

I move to approve and adopt Resolution 2023-43, in the pursuit of funding for land clearing and repurposing provided by the Department of Water Resources for the purpose of removal of Visalia City Council Printed on 10/13/2023Page 4 of 5
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permanent crops on city-owned properties.

Environmental Assessment Status
CEQA Review: Exempt under program.

Attachments: 1. 11 LOCMAP A1-Net 2. Resolution 2023-43 3. Bid for Service - JFS Ent 15P- 02091, 4. Correspondence with Department of Water Resources “Re: Rip and Chip Funding” 5.

Scope of Work
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Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0377 Agenda Date: 10/16/2023 Agenda #: 1.

Agenda Item Wording:

Public Hearing and Introduction of the first reading of Ordinance No. 2023-11 for Zoning Text Amendment No. 2023-01, a request by the City of Visalia to amend Title 17 (Zoning) Chapter 17.32 Special Provisions to regulate Short-Term Rentals in single-family residential zones, Citywide.

Deadline for Action: 10/16/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Josh Dan, Senior Planner, [email protected] <mailto:[email protected]>, (559)713-4003 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:

Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2023-11, amending Title 17 (Zoning) Chapter 17.32 Special Provisions to regulate Short-Term Rentals in the single-family residential zones, Citywide.

Summary:

On May 1, 2023, staff conducted a work session with City Council on the subject of Short-Term Rentals (STRs) based on complaints several Councilmembers received from local residents earlier in the year. The work session detailed how the City currently addresses STRs and provided examples of regulations other agencies have implemented. The City Council received the presentation, accepted comments from STR operators and members of the public, and considered various proposals that could be incorporated into an STR Ordinance. The City Council expressed their desire to have staff prepare an ordinance to regulate STRs rather than relying on staff’scurrent process.

The City Council directed staff to prepare a draft ordinance with all the provisions presented by staff at the work session.

The proposed ordinance, as summarized in this report and attached, provides the framework for staff to implement a registration and permitting process for all short-term rentals occurring in traditional single-family residential zones (i.e., R-1 zones) within the city. This ordnance does not address the potential of short-term rentals occurring in multi-family residential zones nor does it limit the number of SRT’sin residential zones. Should the City Council desire the inclusion of multi-family zones areas or a limitation on number as part of the ordinance update, staff will proceed with another amendment to this ordinance, after the proposed ordinance is adopted, to address STR’s in multi-family zones.

Police Staff and Code Enforcement staff have reviewed the draft ordinance and their comments were taking in to consideration in the process.

Background Discussion:

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The City of Visalia Title 17 “Zoning”provides a precise and detailed plan for the use of land within the city, and more precisely works to achieve the policies and objectives of the General Plan. Similarly, of the various chapters in Title 17 Zoning, Chapter 17.32 Special Provisions has served as a chapter of the Zoning Ordinance to address items which have not otherwise been explicitly address in specific zones but work to structure performance standards or operational standards for specific uses or within specified zones. ZTA No. 2023-01 is a city-initiated request to implement objective Short-Term Rental (STR) operational standards.

STRs have gained popularity in the City but are not explicitly listed in the municipal code. A STR is defined in California Government Code Section 36900(d)(2) as a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less. (Please note this definition excludes State licensed group homes and board and care facilities, which are defined in the Zoning Ordinance.) STRs are commonly reserved through third-party internet hosting platforms such as Airbnb and VRBO. In addition, guests may also book STRs through travel sites such as Expedia or Hotwire, or directly with a homeowner or tenant via social media platform marketplaces or word of mouth.

Proposed Short-Term Rental Ordinance:

Based on the direction provided by City Council and input received from the Planning Commission, staff analyzed suitably structured objective operational standards. These standards, as outlined below, are crafted to address public concerns, process operator application requests, and regulate STRs via codified objective standards. As the State definition above [California Government Code Section 36900(d)(2)] details, the use would only be permissible within residential dwellings. staff has structured the proposed ordinance, as summarized below, to regulate the use within single-family residential zones.

Short-term Rental Permits (VMC Section 17.32.166):

Staff has drafted the following Section 17.32.166 for Short-Term Rental objective operational standards. The ordinance solidifies Council’sdirection by providing objective standards to address the use in residential zones. The new code section to be added to the Special Provisions chapter of the Zoning Ordinance is listed below:

Section 17.32.166 Short-term rental permits.

This new section identifies how STR applications will be processed administratively by the City Planner, which is consistent with the processing procedures used for Administrative Adjustments (Chapter 17.04) and Temporary Conditional Use Permit (Chapter 17.38) processes. Approval of an STR application through an administrative process will be subject to the proposed codified requirements as noted below and as contained in the attached ordinance. In addition to the processing requirements, this section also provides definitions related to the operational standards as noted below.

Section 17.32.166.B, Definitions
The following are definitions that will be incorporated into the new STR ordinance. Planning Commission recommended revisions have been incorporated into the definitions. · “Local contact person” shall mean a person designated by an owner or the owner’sagent, who, if designated to act as such, shall be available to respond to notification of a complaint regarding the dwelling within forty-five (45) minutes, and take remedial action necessary, as required under subsection “4”of this section. A local contact person may be the owner or the Visalia City Council Printed on 10/13/2023Page 2 of 6
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required under subsection “4”of this section. A local contact person may be the owner or the owner’s agent.
· “Occupant”shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight. · “Operator”shall mean the owner or the designated agent of the owner who is responsible for compliance with this section.
· “Owner” shall mean the person(s) or entity(ies) that holds legal or equitable title to a dwelling. · “Short-term rental” shall mean the rental of a dwelling or a portion thereof by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The rental of units within City-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a short -term rental.

Objective Operational Standards
In addition to noted changes above, Section 17.32.166.2 through 20 contains operating standards to ensure that both owners/operators and renters of STRs are aware of local requirements. The following are a few notable operating standards while the entire STR ordinance is contained in the attached Ordinance No. 2023-11 to this report.

Section 17.32.166.4: This section addresses the requirement that the STR operator provide contact information so that if an issue arises while the residential unit is occupied, that the owner/operator is made available to respond to issues immediately.

Language contained in Section 17.32.166.4: While a short-term rental is rented, the owner or a local contact person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. The owner or a local contact person must be on the premises of the short-term rental at the request of an enforcement officer of the City’sPolice Department within forty-five (45) minutes of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter by occupants occurring at the short-term rental property. Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter and/or Chapter 1.13. Administrative Code Enforcement Procedures and Penalties.

Section 17.32.166.5: This section addresses overnight lodging and prohibits the use of the STR has venue for events.

Language contained in Section 17.32.166.5: A Short-term rentals shall be used only for overnight lodging accommodations. At no time shall a short-term rental unit or short-term rental property be used for activities in excess of the occupancy limits established in subsection 7 of this section, or for weddings, receptions, parties, commercial functions, advertised conferences, or other similar assemblies that are separate from the purpose of lodging.

Section 17.32.166.7: This section addresses total occupant requirements.

The owner shall limit occupancy of a short-term rental property to a specific number of occupants.

The following table sets forth the maximum number of occupants:

Number of Bedrooms Total Occupants
Studio - 1 3
2 6
3 9
4 12
5 15
6 18
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Number of Bedrooms Total Occupants
Studio - 1 3
2 6
3 9
4 12
5 15
6 18
If the STR permit for short-term rental limits occupancy to a number less than that shown on the table, the limit in the permit shall govern.

In addition, the proposed STR ordinance does not quantify the number of children permitted in an STR as an additional metric to limit occupancy. Through staff’sresearch of other jurisdictions STR ordinances, the quantifiable metric used to establish maximum occupancy is adults. The Planning Commission directed staff not to specify whether the occupants are children or adults, but rather apply a three (3) persons per room count. This recommendation is incorporated into the table above.

Section 17.32.166.11: This section addressed parking requirements.

Language contained in Section 17.32.166.11: This section requires that all vehicles related to the occupants of a short-term rental unit shall be parked only in an improved driveway or garage on the short-term rental property. The maximum number of vehicles allowed on a short-term rental property shall be limited to the number of available off-street parking spaces; however, such property must have a minimum of two (2) off-street parking spaces.

Sections 17.32.166.13 and 14: These two sections address noise issues to ensure occupants of a short-term rental do not create noise disturbances within a neighborhood.

Language contained in Section 17.32.166.13: Notwithstanding Visalia Municipal Code Section

9.32.040, no musical instrument(s), phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental unit between the hours of 7:00 p.m. and 6:00 a.m.

Language contained in Section 17.32.166.14: Occupants shall not engage in outdoor activities on a short-term rental property between the hours of 10:00 p.m. and 6:00 a.m., such as the use of swimming pools, hot tubs, spas, tennis and paddleboard courts, play equipment and other similar and related improvements. The hours between 10:00 p.m. and 6:00 a.m. are considered to be “quiettime,”where all activities at a short-term rental property shall be conducted inside of a short -term rental unit so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

Section 17.32.166.20: This section ensures that only one dwelling unit on a site can be used for the purposes of a Short-term rental, thereby prohibiting the use of an ADU or JADU alone or in addition to the primary dwelling from being rented out as a short-term rental.

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parcel in any residentially zoned district.

Section 17.32.166.C and D: These two sections address the revocation process for a short-term rental permit and the appeal process for an operator/owner of short-term rental to follow in the event they seek to appeal a revocation determination. This provides the City with the ability to enact swift appropriate actions to resolve the use of an STR when substantiated claims are proven that the use has become a nuisance to the surrounding residential neighborhood.

Language contained in Section 17.32.166.C: A short-term rental permit shall be revoked by the city planner upon violation of any condition or regulation, or any limitation of any permit issued, unless such violation is corrected within ten (10) days of notice of such violation. Any permit may be revoked if three or more violations occur within a one-year period or the required transient occupancy tax payments are not made to the City as required under Chapter 3.28.

Language contained in Section 17.32.166.D: In the event of denial or revocation, or objections to limitations placed thereon, an appeal may be made in writing to the planning commission. Such appeal shall be filed with the city planner, in writing, within ten (10) business days after notification of the denial or revocation, with payment of appeal fees in the same amount as required for the appeal of a site plan review permit as provided in Chapter 17.28. The planning commission shall review and either uphold or deny the city planner decision. The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.02.145.

For the full text of the ordinance, please refer to the attached Ordinance No.2023-11.

Planning Commission Public Hearing:

On September 25, 2023, the Planning Commission held a public hearing for ZTA No. 2023-01.

During the public hearing, two individuals spoke in support of the proposed zone text amendment.

Although one person expressed support for a complete prohibition of STRs in Visalia, they ultimately expressed support for regulatory framework and requested that staff’sinitial consideration of two adults per bedroom be reconsidered when establishing occupancy. The second individual expressed concern for the short-term rental use occurring next door to her residence. There were no comments received in opposition to the proposed ordinance. The Planning Commission had several questions regarding the draft ordinance and recommended revisions to various sections within the ordinance to clarify the overall purpose for those sections. The Planning Commission revisions are incorporated in the staff report and the attached Ordinance No. 2023-11.

Fiscal Impact:

None.

Prior Council Action:
· May 1, 2023, City Council Work Session: The City Council, on a 5-0 vote, directed staff to analyze potential operational standards for short-term rentals, and begin a Zoning Text Amendment.

Other:
· August 28, 2023: The Planning Commission received a presentation and informative report regarding short-term rentals which included a synopsis of staff’sprevious presentation to the City Council and explanation of directives received. The Planning Commission expressed agreement with Council’s directives.
· September 25, 2023: The Planning Commission voted 5-0 to recommend approval of Zoning Visalia City Council Printed on 10/13/2023Page 5 of 6
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· September 25, 2023: The Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2023-01, to the City Council.

Alternatives:

The City Council may, in lieu of the recommended motion, consider any of the following alternatives:

1. Refer all parts of the ordinance back to the Planning Commission for further review; or

2. Direct staff to not process any amendments to Visalia Municipal Code Section 17.32; or

3. Continue the matter to a future City Council hearing for additional information.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance No. 2023-11 for Zone Text Amendment No. 2023-

01. Environmental Assessment Status:

The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA).

CEQA Review:

The requested action is considered exempt under Section 15061(b)(3), Per Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendment to establish performance standards for smoke shops will not have a significant effect on the environment.

Attachments:

Attachment 1 - Ordinance No. 2023-11
Attachment 2 - “Draft” Short-Term Rental Application
Attachment 3 - Planning Commission Staff Report dated September 25, 2023 Visalia City Council Printed on 10/13/2023Page 6 of 6
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0254 Agenda Date: 10/16/2023 Agenda #: 1.

Agenda Item Wording:

UPCOMING CITY COUNCIL MEETINGS:

Monday, November 06, 2023 @ 7:00 p.m. at 707 W. Acequia, Visalia, CA 93291 Monday, November 20, 2023 @ 7:00 p.m. at 707 W. Acequia, Visalia, CA 93291 If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, on or before Monday, October 16, 2023 to discuss your accessibility needs: 559-713-4512 or [email protected] <mailto:[email protected]>
Visalia City Council Printed on 10/13/2023Page 1 of 1
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Visalia City CouncilOctober 16, 2023

Visalia City Council
October 16, 2023