Visalia City Council
January 16, 2024

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Visalia City Council
Meeting Agenda - Final
Brian Poochigian, Mayor
Brett Taylor, Vice Mayor
Steve Nelsen, Council Member
Emmanuel Hernandez Soto, Council Member
Liz Wynn, Council Member
Council Chambers7:00 PMTuesday, January 16, 2024

ROLL CALL
CALL TO ORDER WORK SESSION - 4:00 PM (Unless otherwise noted)

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council and items listed on the Closed Session. 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. Presentation by the Arts Consortium - Presentation of the activities undertaken by the Arts Consortium in 2023 as part of a contract for services with the City of Visalia and approval of a contract for services for 2024-2025, effective as of January 1, 2024.
24-0007

2. Review of Ordinance - Review the City of Visalia Oak Tree Ordinance and direction to staff on recommend modifications. 23-0434
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

SPECIAL PRESENTATION / RECOGNITION

1 Visalia City Council Meeting Agenda - Final January 16, 2024

PUBLIC COMMENTS
This is the time for people to comment on matters 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 the opportunity to address the Council on any matter of interest, whether on the agenda or not, other than the Consent Calendar. People may comment one time during the evening for up to three minutes unless additional time is authorized by the Council. 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 by a City Council Member 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. 24-0002

2. Grant to waive/lower pet adoption fees: Authorize the acceptance of $95,000 grant from California For All Animals to reduce or waive return to home fees for pets in the shelter and authorize the City Manager to execute the California For All Animals grant agreement.
23-0493

3. Parking Agreement for Mayor’s Park - First reading of Ordinance 2024-02, authorizing the City Manager to enter into an agreement with Dr. Christopher J. Wood, DDS, MS, for the use of 4 parking lot spaces at Mayor’s Park.
23-0495

4. City of Exeter contract Animal Services - Authorize the City Manager to execute an agreement between the City of Visalia and the City of Exeter to provide animal shelter services at a rate of $216,900 per year and make any additional modifications to this draft agreement.
23-0496

5. City of Farmersville contract Animal Services - Authorize the City Manager to execute an agreement between the City of Visalia and the City of Farmersville to provide animal shelter services at a rate of $211,700 per year and make any additional modifications to this draft agreement.
23-0497

6. Authorization to execute a lease agreement with the Arts Consortium for use of the Oval Park Service Center building at 808 N. Court.
23-0506

2 Visalia City Council Meeting Agenda - Final January 16, 2024

7. Request by Council Member Hernandez Soto - Request by Council Member Hernandez Soto for the Council to consider placing an item on a future agenda for discussion of the limit of 12 street closures in a year in the newly adopted Ordinance for Special Events.
24-0001

8. Consideration of a fee waiver - Request from Visalia Gadabouts to utilize the Visalia Senior Center for the purpose of providing programs and services for senior citizens.
24-0003

9. Certify Environmental Document - Stonebrook Street Culvert - a resolution to adopt the Initial Study and Mitigated Negative Declaration for the Stonebrook Street Culvert Crossing at Packwood Creek (City of Visalia Project Number
2520-72000/CP0043-99, also referring to State Clearinghouse No. 2022020164). (Resolution No. 2024-01 required).
24-0005

10. Fire Department Grant Application Confirmation and
Acceptance - Confirm authorization for staff to apply for the 2023 California Water Service Firefighter Grant Program, authorize accepting the grant award, and appropriate funding for the purchase of six rescue tool batteries in the amount of $5,367.24. 24-0006

11. Confirmation of Administrative Services Director -
Conformation of the appointment of Michelle Speer to serve as the Administrative Services Director for the City of Visalia. 24-0009

12. Memorandum of Understanding - Authorize the City Manager to enter into a five-year Memorandum of Understanding between the City of Visalia and the Tulare County Regional Transit Agency (TCRTA) to partner on a three-year micro transit pilot project. 24-0016

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

CLOSED SESSION REPORT

3 Visalia City Council Meeting Agenda - Final January 16, 2024

1. For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:

Buyer: City of Visalia
Seller: Gerald Blankenship Jr. and Jean Kristy Blankenship, Trustees of the Blankenship Family Trust under Trust Agreement dated February 8, 1996, as to an undivided one-half interest, and Gerald B. Blankenship Jr., as to an undivided one-half interest APN: 126-100-054 (portion)
Purpose: sale of surplus land
Brief Description: Caldwell Improvement Project Santa Fe to Lovers Lane
Price: $21,017.21
Closing Date: 1/8/2024
Closed Session Council Date: 6/5/2023
Project Manager: Eric Bons
24-0013

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. Upcoming Council Meetings:

Monday, February 5, 2024 at 7:00 p.m. @ 707 W. Acequia
Tuesday, February 20, 2024 at 7:00 p.m. @ 707 W. Acequia If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, to discuss your accessibility needs: 559-713-4512 or
[email protected]
<mailto:[email protected]>
Please note the meeting of 1/16/24 will not be live streamed.

Recorded audio of the 1/16/24 meeting will be available by the afternoon of 1/18/24.
24-0012

4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0007 Agenda Date: 1/16/2024 Agenda #: 1.

Agenda Item Wording:

Presentation by the Arts Consortium - Presentation of the activities undertaken by the Arts Consortium in 2023 as part of a contract for services with the City of Visalia and approval of a contract for services for 2024-2025, effective as of January 1, 2024.

Deadline for Action: N/A
Submitting Department: Community Services
Contact Name and Phone Number: Kelli Kincaid, Director 713-4042 Department Recommendation: It is recommended that the Visalia City Council authorize the City Manager to enter a two-year contract with the Visalia Arts Consortium for regular services in 2024 and 2025 in the amounts of $43,640, with $28,640 for general service delivery and $15,000 for event and public art production in 2024, and $44,640 in 2025 with $29,640 for general services and $15,000 for event and public art production. These amounts constitute a 3% increase for general services in 2024, and a 3% increase in 2025. Due to other priorities, the annual report, and therefore the contract, was delayed in being brought forward, but the Consortium has continued to provide services, therefore, staff is recommending that the contract be effective as of January 1, 2024.

Background Discussion:

The City of Visalia has contracted with the Arts Consortium to provide arts related program and event coordination services since 2008. Through this contract, the Consortium has provided cultural programs, projects, and services that the City of Visalia would otherwise provide with its own staff, facilities, and resources. The proposed two-year contract would provide a 3% and 3% increase respectively, which is in keeping with amounts currently and proposed in the appropriate City budgets.

The contract is broken into two sections, one for general services for the items defined in the contract, and $15,000 for event and art production.

Specifically, the proposed contract calls for the Consortium to do the following:
•Secure the services of an administrator or executive director to work on Visalia related Arts programs and planning on at least a 16-hour-per-week basis; •Implement, to the extent possible within a 16 hour per week schedule of a Consortium administrator or executive director the following elements of City’s Cultural Plan:

1. Develop, maintain, and distribute an annual coordinating calendar.

2. Update the community calendar at least weekly, and provide same information to appropriate media outlets, hotels, and other outlets.

3. Maintain the Arts Consortium website with updates at least weekly.

4. Maintain an active Facebook page.

5. Assist with at least 5 arts-related events a year in Visalia by performing at least two of the following activities for each event: information distribution or publicity, meet with the key organizers and provide organizational information or data such as forms (special events, applications, agreements, etc), provide Visalia City Council Printed on 4/26/2024Page 1 of 2
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5 File #: 24-0007 Agenda Date: 1/16/2024 Agenda #: 1.
calendar listings, provide mailing lists, provide facility or venue information and guidelines, serve on the organizing committee. In addition, produce the Taste the Arts special event in the fall of 2024 and 2025.

Staff is recommending that the city again provide the event and art production funding as sponsorship for the Taste the Arts event, scheduled for October14, 2024 with a date to be determined in 2025, and the monthly First Friday art walks in Downtown Visalia. While for some years the funding has been targeted as assistance for new events to be sponsored, staff believes that it is appropriate to help ensure these popular events continue for the next two years. There is some funding still available in the City provided small grant fund from 2023, and staff proposes that the Consortium continue to provide that money for outdoor events and/or outdoor public art. If for some reason the specified events do not occur, then staff proposes that the Consortium, in consultation with City Staff, have the flexibility to propose other alternatives that wouldgenerate similar community spirit, involvement and engagement.

Fiscal Impact:

There is no unanticipated fiscal impact. The $43,640 is provided for in the 2024 budget, and the $44,640 is proposed in the 2025 budget if approved by the City Council.

Prior Council Action: The City Council has approved an annual contract with the Arts Consortium annually since 2008.

Other: N/A
Alternatives: To not approve the contract or to recommend changes to the proposed contract.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a two-year contract with the Visalia Arts Consortium for calendar years 2024 and 2025 in the amounts of $43,640 and $44,640 respectively.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. Presentation 2. Draft Contract
Visalia City Council Printed on 4/26/2024Page 2 of 2
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6 COOPERATION AGREEMENT
THIS AGREEMENT is made and entered into pursuant to a minute order adopted by the City Council of the City of Visalia at its meeting held on the ____________ (“Effective Date”), by and between the Visalia Arts Consortium, Inc., a California nonprofit corporation, with a mailing address at 340 E. Oak Avenue, Suite 112 Visalia, California hereinafter referred to as “Consortium”, and the City of Visalia, a municipal corporation of the State of California, hereinafter referred to as the “City”.

WITNESSETH:

WHEREAS, City has developed and adopted a cultural arts plan (“the Plan”); and

WHEREAS, in furtherance of the Plan, City desires to obtain the services of a third party organization to, among other things, publicize and coordinate various cultural art events and to administer an arts grant program; and

WHEREAS, Consortium is duly incorporated pursuant to the California Nonprofit Public Benefit Corporation Law and is authorized by law to provide the services contemplated by this Agreement; and

WHEREAS, Consortium may, in performing services contemplated herein, determine that other opportunities for furthering the cultural arts in Visalia exist, and may suggest other ways that Consortium and City may cooperate on additional projects; and

WHEREAS, Consortium desires to secure a funding source that will enable it to obtain the services of an executive director for the purpose of performing the services contemplated herein; and

WHEREAS, Consortium will secure the services of an administrator; and in accordance with the terms and conditions set forth herein to render such services.

WHEREAS, City is empowered to contract with Consortium in accordance with the terms and conditions set forth herein to render such services.

NOW, THEREFORE, in consideration of the above premises, City and Consortium do hereby agree to the following:

1. TERM OF CONTRACT.

The term of this Agreement shall commence upon execution by the parties and shall remain in effect until December 31 , 2025 unless and until terminated pursuant to the applicable terms hereof.

2. CONSORTIUM’S RESPONSIBILITIES.

Consortium shall provide the following services:

A. Secure the services of an administrator or executive director on at least a 16-hour-per-week basis.

B. Implement, to the extent possible within a 16 hour per week schedule of a 7 Consortium administrator or executive director, the following elements of City’s Plan:

i. Develop, maintain, and distribute an annual coordinating calendar. ii. Update the community calendar at least weekly, and provide same information to appropriate media outlets, hotels, and other outlets.

The goal is to have at least 500 Visalia arts and culture events listed on the calendar in the next year. (Events are listed by days so one event that runs for 5 days would equal 5 listings.)
iii. Maintain the Arts Consortium website with updates at least weekly. iv. Maintain an active Facebook (or similar social media website) page with a minimum of 50 postings during the year. Hold general and subcommittee meetings as needed to implement the City’s Cultural Plan.
v. Assist with at least 5 arts-related events a year in Visalia by performing at least 2 of the following activities for each event:
information distribution or publicity, meet with the key organizers and provide organizational information or data such as forms (special events, applications, agreements, etc), provide calendar listings, provide mailing lists, provide facility or venue information and guidelines, serve on the organizing committee. In addition, produce the Taste the Arts special event in the fall of 2024 and 2025.
vi. Review and award Arts Grants in consultation with City staff.

3. CITY’S RESPONSIBILITIES.

City will assist Consortium in providing the aforementioned services by temporary and occasional use of space, materials, equipment, postage, and mail handling services on an as-needed basis to the extent that they are available and at a level to be determined by the City Manager or their designee.

A. Consortium's use of resources provided by the City shall be scheduled by and subject to the approval of the City Manager or their designee.

B. City will pay to Consortium the sum of $28,640 in 2024 and $29,640 in 2025 for the express purposes of employing the Consortium’s Administrator or Executive Director and other expenses related to Visalia portion of the Consortium’s activities. Consortium shall provide proof that it has secured the services of an Executive Director (or Administrator as the case may be) for no less than 16 hours per week.

The Executive Director shall be an employee or independent contractor of the Consortium and shall have no employment relationship with the City. Payment for this portion of the contract will be made in two equal payments, one after January 1, of each year, and one after July 1, of each year. Payments will be made within 30 days of receipt of an invoice for the appropriate amount.

C. City shall also provide up to $15,000 in 2024 and $15,000 in 2025 for use in sponsoring specific Visalia events. This amount is based on the following allocation, $5,000 each year for the Taste the Arts event, 8 $5,000 each year for live/in-person First Friday events, this money is to be used for First Friday events or for other live art performances, lessons, demonstrations, or public art for the community benefit, in accordance with the processes developed in conjunction with City staff. In addition, each year the City shall pay $5,000 for Arts Grants. Payment for this portion of the contract will be upon confirmation of the event(s) and within 30 days of receipt of an invoice for the appropriate sponsorship amount.

D. City shall have no duty, obligation, or liability of any kind to Consortium, to Consortium’s employees, officers, agents, vendors, or subcontractors, or to anyone or party whatsoever, to make any payment except as provided by this Agreement.

4. PAYMENT OF COSTS INCURRED BY CITY ON BEHALF OF CONSORTIUM.

A. City may not solicit, receive, accept, or distribute any donations or grants nor create costs in the name of Consortium without the prior written approval of Consortium.

B. In the event City and Consortium agree that City shall incur costs for a Consortium project for which Consortium agrees to reimburse City, the City shall determine the method of billing for and payment of such costs, subject to approval by Consortium.

5. PROJECT AGREEMENT

A. City and Consortium may identify a specific event or project that is not encompassed within the services to be provided pursuant to this agreement, and in such event, the parties will enter into a separate agreement ("Project Agreement") for each project pertaining to the City indicating the specific responsibilities of City and Consortium. No such additional project or event shall be undertaken until each such agreement has been executed by the President of the Consortium and the City's City Manager. The Project Agreement shall, at a minimum, identify project budgets, respective funding responsibilities, fundraising mechanisms that are available and acceptable (for example, naming rights, sales price, schedules, where applicable), project scope, and respective responsibilities for administration of physical construction of projects where applicable (including, whether volunteer labor will be a component of the project, who will be responsible for such labor, and how the value of such labor will be accounted for).

B. A Project Agreement shall be entered into for the following general types of projects that entail: i) fundraising and obtaining of private donations which will paid to the City to offset the specific cost of a specific cultural event or project; i) the joint underwriting and planning of cooperative fundraising events or programs, the net proceeds of which will be used in Consortium activities for an identified benefit to the City; ii) the joint underwriting and planning of a community-wide event; or iv) the 9 obtaining of a grant from a third party source for a cooperative project.

Neither the City nor the Consortium shall undertake any of the above noted activities without first entering into a Project Agreement which details the agreed approach.

6. CONSORTIUM INITIATED PROJECTS.

Consortium may initiate projects to be undertaken on City facilities and recreation areas. However, said projects will be subject to express City approval (in the form of a Project Agreement as required herein) with the understanding that such projects will become the property of the City with all right, title, interest, and responsibility for same becoming the City's upon completion. A separate agreement will be drafted for each such project and said project may not be undertaken before execution of said agreement by parties herein.

7. CONFLICT OF INTEREST.

Consortium and its agents and employees shall comply with all applicable federal, state and City laws and regulations governing conflict of interest. To this end, Consortium will make available to its agents and employees copies of all applicable federal, state and City laws and regulations governing financial disclosure and conflict of interest.

8. TERMINATION.

City or Consortium may terminate this Agreement at any time during the term of this Agreement subject only to providing the other party sixty (60) days' written notice which shall be served as provided in Paragraph 19 of this Agreement. All operations under this Agreement shall cease on and after the sixtieth (60th) day following service of notice of termination, and the obligations under this Agreement shall cease on that date, except said obligation that accrued prior to the termination date which shall be fulfilled in accord with the Agreement.

9. USE OF SERVICES.

This Agreement is founded on the premise that the program contemplated is for the purpose of furthering the objectives recited herein and that the services provided under this Agreement are within the power of City and Consortium to provide. In the event that program monitoring discloses that said services are not being used for that purpose or that City or Consortium has adopted or amended its Bylaws amended its Articles of Incorporation with the result that, as determined by the City Manager and/or the President of Consortium, Consortium's or City's policies or programs conflict with the purposes of this Agreement, Parties may immediately terminate this Agreement, and neither shall be entitled to further services.

10. PROGRAM ADMINISTRATION.

This Agreement will be administered jointly by the City Manager or their designee and the President and/or Board of the Consortium. City's Agreement Coordinator shall be its City Manager or his/her designee. That person shall have the authority to administer City's obligations under this Agreement on behalf of the City. Consortium' Agreement Coordinator shall be its President or 10 their designee. That person shall have the authority to administer Consortium's obligations under this Agreement on behalf of Consortium.

11. INDEMNIFICATION/INSURANCE.

Indemnification: City and Consortium agree to indemnify, defend, protect and hold harmless each other, their agents, officers, employees and volunteers (the "Indemnified Parties") from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, except those stemming from the active negligence and/or willful misconduct of the Indemnified parties, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with each parties obligations, operations, or its services hereunder.

Insurance - Liability: Throughout the term of this Agreement, at Consortium's sole cost and expense, Consortium shall keep or cause to be kept in force, for the mutual benefit of City and Consortium, comprehensive broad form general public liability insurance against claims and liability for personal injury, death, or property damage arising from the activities carried out pursuant to the Agreement and any Project Agreement, providing protection for bodily injury or death to any one person, at least $1,000,000 for any one accident or occurrence, and at least $1,000,000 for property damage. Also, at Consortium's sole cost and expense, Consortium shall keep or cause to be kept in force, workers' compensation insurance as required by law.

Insurance - General Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. Al such policies shall be non- assessable and shall contain language, to the extent obtainable, to the effect that (1) any loss shall be payable notwithstanding any act or negligence (except active negligence or willful misconduct) of City that might otherwise result in a forfeiture of the insurance, (2) the insurer waives the right of subrogation against City and against City's agents and representatives and the City waives the right of subrogation against Consortium and against Consortium's agents and representatives, (3) the policies are primary and noncontributing with any insurance that may be carried by City, (4) they cannot be canceled or materially changed except after 30 calendar days written notice by the insurer to City or City's designated representative identified in Paragraph 20 of this Agreement, and (5) City shall be named an additional insured. Consortium shall furnish City with binders representing all insurance required by this Agreement.

Consortium may apply for its own account any insurance not required under this Agreement. Consortium may provide by blanket insurance covering the activities and any locations affected by this Agreement. Consortium shall deliver to City, in the manner required for notices, copies or certificates of all insurance policies required by this Agreement, together with evidence satisfactory to City of payment required for procurement and maintenance of the policy, within thirty (30) calendar days after the execution of this Agreement and at least 30 calendar days before expiration or other termination of an existing policy.

If Consortium fails or refuses to procure or to maintain insurance as required by this Agreement or fails or refuses to furnish City with required proof that the insurance has been procured and is in force and paid for, City shall have the 11 right at City's election and on 5 days' notice, to procure and maintain such insurance.

12. ASSIGNMENT.

This Agreement, or any provision hereof or any right or obligation arising hereunder, is not assignable by either party in whole or in part, without the express written consent of the other party.

13. BINDING EFFECT.

All of the provisions of this Agreement and any amendment thereto shall extend to and be binding upon and inure to the benefits of the successors of the respective parties.

14. NONDISCRIMINATION AND CIVIL RIGHTS COMPLIANCE.

A. Parties hereby certify and agree that they will comply with Title VI of the Civil Rights Act of 1975, Title XI of the Education Amendments of 1975, Title XI of the Education Amendments of 1972, where applicable, and Title 43, Part 17 of the Code of Federal Regulations, Subparts Aand B, to the end that no persons shall, on the grounds of race, creed, color, national origin, political affiliation, marital status, sex, age, or handicap, be subjected to discrimination under the privileges and use granted by this Agreement or under any project, program or activity supported by this Agreement.

B. Parties certify and agree that all persons employed thereby, are and shall be treated equally without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, age or handicap and in compliance with all federal and state laws prohibiting discrimination in employment, including, but not limited to, the Federal Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the State Fair Employment Practices Act.

C. Parties certify and agree that subcontractors, bidders and vendors thereof are and shall be selected without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, age, or handicap.

D. All employment records, subject to lawful privileges and protections of employee information, shall be open for inspection and re-inspection at any reasonable time during the term of this Agreement for the purpose of verifying the practice of non-discrimination by Consortium in the areas heretofore described.

E. If either Party finds that any of the above non-discrimination provisions have been violated, the same shall constitute a material breach of contract upon which either Party may determine to cancel, terminate or suspend this Agreement.

12 15. RELIGIOUS PROSELYTIZING AND PARTISAN PROPAGANDIZING.

Services under this Agreement will be used exclusively for performance of the work required under this Agreement and no services made available under this Agreement shall be used to promote any religious or partisan activities.

16. COMPLIANCE WITH LAWS.

The parties agree to be bound by all applicable federal, state and local laws, ordinance, and directives insofar as they pertain to the performance of this Agreement.

17. GOVERNING LAW.

This Agreement shall be construed in accordance with and governed by the laws of the State of California.

18. SEVERABILITY.

The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.

19. NOTICE.

Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested.

All notices to City shall be sent addressed to the following:

City Manager
City of Visalia
220 N Santa Fe
Visalia, CA 93292

All notices to Consortium shall be sent addressed to the following:

President of Visalia Arts Consortium or Executive Director 340 E. Oak Avenue Suite 112
Visalia, CA 93291

20. WAIVERS.

The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach.

21. CONSTRUCTION.

This Agreement reflects the contributions of both parties and accordingly the provisions of Civil Code Section 1654 shall not apply to address and interpret any uncertainty.

22. NO THIRD PARTY BENEFICIARIES INTENDED.
13 Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

23. EXHIBIT AND RECITALS.

The Recitals and any Exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

24. ATTORNEY’S FEES.

If any action, proceeding, or arbitration arising out of or relating to this Agreement is commenced by any party to this Agreement the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, reasonable attorneys' fees, costs and expenses incurred in the action, proceeding, or arbitration by the prevailing party.

25. FURTHER ASSURANCES.

Each party agrees to execute any additional documents and to perform any further acts which may be reasonably required to affect the purposes of this Agreement.

26. EFFECTIVE DATE.

This Agreement shall become effective as of the date of approval by the City Council of the City of Visalia.

27. ENTIRE AGREEMENT/MODIFICATION
This Agreement represents the entire Agreement between the City and Consortium as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.

IN WITNESS WHEREOF, Parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. By their signatures, each party represents that they are authorized to sign the Agreement and bind the respective signing party.

CITY CONSORTIUM
City of Visalia Arts Consortium

By: _________________________________ By: _________________________________ Leslie Caviglia, City Manager President

Approved as to Form

____________________________________
City Attorney

14 ____________________________________
Risk Management
15 16

MISSION AND
VISION
17 PARTNERSHIPS
By partnering with the Arts
Consortium our
community members
contribute directly to our
local emerging art scene
18 HOW WE

ACHIEVE

METRICS AND

DELIVERABLES
ACCOMPLISHMENTS IN 2023

1. Develop, maintain, and distribute an annual coordinatingcalendar .

We develop an annual coordinating calendar within our Watermark Magazine, this also includes an artist directory and an arts organization directory

2. Update the communitycalendar at least weekly,and providesame informationto appropriate media outlets, hotels, and other outlets. We have been updating our website weekly with arts events (https://artsconsortium.org/calendar

3. Maintain the Arts Consortium website with updates at leastweekly.

We are updating the website monthly regarding our F1rst Friday events and our annual events

4. Maintain an active Facebookpage.

We currently have 4,200 followers and have also started an Instagram page and have looked at twitter ("X") and TikTok but the last two have not yielded great results

5. Assist with at least 5 arts-related events a year in Visalia through: publicity, meet with the key organizers and provide organizational information(special events, applications, agreements, etc), calendar listings, mailing lists, facility or venue information, serve on the organizing committee. In addition, produce the Taste the Arts special event in the fall of 2024 and 2025. ● Taste the Arts - 6,000 people
● F1st Fridays - 300 people
● South Valley Art Tour - 700 people
● Poetry Out Loud - 1,000 youth
● Day of the Dead - 500 people
● Chinese New Year - 200 people
● Mental Health Picnic open mic - 300 people
19 LOFTS AT

FORT VISALIA
20 ANNUAL

PROGRAMS
21 VISALIA PROJECTS

MOONEY GROVE MURALS
22 SPECIAL PROGRAMS
(FISCAL AGENCY):

Organizational support for
board approved start-up
art organizations
INCLUDES:
- Bookkeeping
- Policy/Procedure Support
- Insurance coverage
23 NEW SPECIAL PROGRAM
In partnership with
the City of Visalia

OVAL GALLERY
Operating from Lincoln Oval Park
Monthly Art Shows
Printmaking Workshops
Fine Art Printmaking Shop for Artists
Close Connection with and resource for C.O.S. Students
24 CITY OF VISALIA

COMMUNITY ARTS GRANTS
In partnership with
the City of Visalia
2022
Downtown Visalians: Visalia Arts Night Out - $1,800
Arts Visalia: Downtown Tree Stump Sculpture - $1,000
Baskets and Gourds: Containers of our culture conference - $500 Brandon Mitchell Gallery - Crane Peace Project - $1,100 Green Rose Productions: Dia de Muertos $700
2023
Center for Integrated Medicine: Chinese New Year - $2,100 Carlos Rodriguez: Drum workshop - $1,000
Arts Visalia: Art on Fire - $2,000
Fox Theatre: Free Movie Night - $1,000
25 ARTIST OF THE YEAR

ART CONTEST

ANNUAL HIGHLIGHTS

COMMUNITY CALENDAR
ARTS ORG. DIRECTORY

ARTIST DIRECTORY
26 KEEP THE ARTS ALIVE
27 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0434 Agenda Date: 1/16/2024 Agenda #: 2.

Agenda Item Wording:

Review of Ordinance - Review the City of Visalia Oak Tree Ordinance and direction to staff on recommend modifications.

Deadline for Action: 1/16/2024
Submitting Department: Community Services
Contact Name and Phone Number: Zach Huff, [email protected] <mailto:[email protected]> Parks and Urban Forestry Supervisor 713-4295 Alvin Dias, [email protected] <mailto:[email protected]> Parks and Facilities Manager 713-4564 Kelli Kincaid, [email protected] <mailto:[email protected]> Community Services Director 713-4042 Department Recommendation:

Objective: The purpose of this presentation is to provide an overview of the current City of Visalia ordinance related to Valley Oak trees and to propose recommended modifications and possible changes to the Oak Tree Ordinance, particularly concerning the management of Oak trees on public and private property, especially when related to safety concerns.

Proposed Modification 1: Modify Section 12.24.030 "Oak tree removal permit required." Recommendation: Include the following permit exemption:
"No permit is required for public utilities subject to the jurisdiction of the Public Utilities Commission of the state of California to prune or remove a Valley Oak tree as necessary to maintain a safe operation for their facilities." The utilities are already subject to State and Federal regulations that supersede the City’s ordinance and including this provision will streamline the process for safety purposes. Staff is recommending to proceed with this ordinance change.

Proposed Modifications 2: Sections 12.24.030 "Oak tree removal permit required" and 12.24.035 "Removal Standards"
Recommendation: Explore possible modifications in the following areas:

1. Policies and Procedures on Property:
· Review and revise language in the aforementioned sections to address Oak tree management on public or private property, emphasizing safety.
· Consider incorporating provisions that encourage responsible tree management practices, including pruning and removal, while ensuring the conservation of Valley Oak trees.

2. Community Engagement:
· Introduce a framework for community engagement in the decision-making process regarding Oak tree management on public and private property in Visalia. · Seek input from residents, local organizations, and stakeholders through public meetings, Visalia City Council Printed on 4/26/2024Page 1 of 4
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surveys, or other means to gather diverse perspectives.

3. Establishing Changes:
· Use community feedback to inform potential changes to the Oak Tree Ordinance. · Present proposed modifications to the Council after thorough consideration of community input.

Next Steps:

These recommended modifications aim to strike a balance between public safety, the operational needs of public utilities, and community engagement in the management of Valley Oak trees on property. Staff believes that these changes will enhance the effectiveness and relevance of the Oak Tree Ordinance in the City of Visalia.

1. Conduct stakeholder meetings and community engagement sessions to gather input on Oak tree management.

2. Collaborate with relevant departments and experts to refine proposed modifications based on community feedback.

3. Present final proposed changes to the Council for approval within approximately the next 90 days.

Background Discussion:

History of the Valley Oak Ordinance:

When Visalia was founded in 1852, it was located in the largest Valley Oak woodland in California. Valley Oaks covered a 400-square-mile area. As Visalia’s population grew, more trees were cut down for firewood and to make room for new crops and as a result, fewer trees remained. In the 1890’s, Visalians saw the Valley Oak tree as a renewable source of community pride and identity that deserved preservation. Community leaders worked together to protect the Valley Oak. In 1909 they proposed that Tulare County purchase 100 acres of Oak trees on Mooney Ranch and preserve the land as a park. Mooney Grove Park is still one of the largest Valley Oak woodlands in California. Concern for our community continued and in 1922 local groups organized the first tree planting program and these trees still line highway 198, nonetheless, with continuing population growth and city expansion, Oak trees kept disappearing.

As a response to the loss of Oak trees, in 1971 Visalia City Council adopted the first Oak tree preservation ordinance in an effort to preserve diminishing Oaks from urbanization. This Ordinance was amended in 1974 to set guidelines for maintenance and preservation. This pioneering approach to preserving Visalia’s heritage is used as a model for other California cities. The ordinance required a permit to remove a Valley Oak and an “Intent to Prune Form” to trim the tree and remains in effect at this time.

Should a property owner desire to remove a Valley Oak from their property, they are required to submit a completed application for Removal to the Community Services Department for processing. The application is then sent to the City’s Arborist whose responsibility it is to view the property, verify property owner (some applications are from renters and do not qualify), and schedule an inspection if the tree if accessible or make contact with the property owner to schedule an inspection of the tree. The tree is then inspected and photographed and a report detailing the condition of the tree and either approval or denial, in accordance with the provisions of the ordinance, is issued.

During this process staff also provides the property owner a letter of intent. Once the permit is signed there is a ten (10) calendar day waiting period for any appeal of the removal. Once the ten (10) day period has past, the permit is released, and it is the applicant’s responsibility to then schedule to remove the tree(s).

The Ordinance has established an Oak Tree Mitigation Fund pursuant to the following language, “In recognition and furtherance of the purposes of this Chapter, as enumerated in Section 12.24.010, it is the policy of the City of Visalia that property owners who are granted a permit to remove an oak tree pursuant to Subparagraph B. of section 12.24.035 offset the loss of the Oak tree by either replacing the Oak tree removed Visalia City Council Printed on 4/26/2024Page 2 of 4
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with new Oak trees on the same property (in-kind mitigation) or by paying mitigation fees intended to be used for the establishment of new Oak trees on other property or on public property for the benefit of the general public (in-lieu mitigation).

In furtherance of this policy, the city manager shall develop an Oak Tree Mitigation Policy establishing in-kind and in-lieu mitigation measures to be required for Oak tree removals. The Oak Tree Mitigation Policy, Policy, and any subsequent amendment thereto, shall be submitted to the city council for approval by resolution.” The mitigation fund currently has $274,229, which has accumulated over the years from fees paid for removal applications and mitigation fees for removing Valley Oak trees that are approved for removal. Those fees are used to replant City properties or to assist with the trimming or removal of Valley Oaks on private property for residents needing assistance.

In early 2021 the Visalia City Council received and addressed multiple citizens appeals of Community Services denials of Oak Tree Removal Permits. During those appeal processes, the Council directed staff to revisit the current Oak Tree ordinance and bring the Ordinance back to Council for review and discussion at a future work session.

Accordingly, staff presented City Council various options during the March 1, 2021, council meeting work session. City Council reviewed the information presented by staff and made recommendations for changes to the ordinance. Some of the staff-proposed changes were increasing the D.B.H (Diameter at Breast Height) of Valley Oak trees that would be protected by the ordinance, adding new findings for Oak tree removals, and amending current findings that would waive mitigation fees. Staff also presented the addition of low-income assistance for the removal of Oak trees, which previously only assisted with pruning of trees for residents that met the mitigation policy requirements.

Council responded with some additional recommendations to the information presented to Council that included the staff proposed D.B.H. of 24 inches be decreased to 18 inches and the waiving of the $125.00 application fee.

The first reading of Ordinance 2021-03 amending Chapter 12.24 of the Visalia Municipal Code relating to Oak Tree preservation was approved on May 17, 2021, with a recommendation by Council on the requirement to obtain a tree pruning permit from a two (2) inch limb or greater to a ten (10) inch diameter Oak tree or greater.

The second reading was approved on June 7, 2021, and Ordinance 2021-03 adopted, went into effect thirty days thereafter.

These changes to the Oak Tree Ordinance have greatly reduced the number of appeals brought before City Council on Oak tree removals but concerns by property owners and changes to public utilities policies and procedures have brought the Valley Oaks back as a topic for discussion.

Fiscal Impact:

The mitigation fund currently has $274,229. Changes to the mitigation policy could affect revenues and expenditures.

Prior Council Action: 2019 - Council approved an increase to the removal application fee and Modification of 12.24.100 (3)(B) to recognize that the City no longer provides tree trimming with its own employees and amend the verbiage to allow property owners to utilize the services of a City-approved arborist or the City’s contracted arborist.

Visalia City Council Printed on 4/26/2024Page 3 of 4
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2021 - Council approved the Modification of 12.24.030 (A) to increase the diameter at which a removal permit would be required from two (2) inches to eighteen (18) inches Diameter Breast Height (D.B.H.); Modification of

12.24.035 to additional findings to warrant removal of a Valley Oak Tree in public or private property; Modification of 12.24.060 to increase the diameter at which a pruning permit would be required from a two (2) inch diameter limb to ten (10) inches Diameter Breast Height (D.B.H.) Valley Oak Tree; the Modification of

12.24.100 to include removal of Valley Oak Trees for public assistance for property owners; and removal of the removal application fee.

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

I move to accept this report on the Oak Tree ordinance and direct staff to modify Section 12.24.030 “Oak tree removal permit required” to include the following permit exemption: No permit is required for public utilities subject to the jurisdiction of the Public Utilities Commission of the state of California to prune or remove a Valley Oak tree as necessary to maintain safe operations for their facilities. Additionally, I propose bringing back the ordinance at a future work session to review community feedback for Council's consideration of modifications to the Oak Tree ordinance. ..end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Valley Oak Tree Power Point, Oak Tree Ordinance, Mitigation Policy, Low Income Assistance Forms, Oak Tree Removal Application, Intent to Prune Application.

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31 Visalia’s
Valley Oak Trees
January 16, 2024
1 32
Welcome and Purpose
The purpose of this presentation is to provide an overview of the current City of Visalia ordinance related to Valley Oak trees and to propose recommended modifications and possible changes to the Oak Tree Ordinance, particularly concerning the management of Oak trees on public and private property and the public safety of our community.
• History of the Visalia Oak Tree
• Overview of the current City of Visalia Oak Tree Ordinance • Management of Visalia’s Oak Trees
• Review and propose recommended modifications and
changes to the Oak Tree Ordinance.
233
History
• Valley Oaks once covered 400 square miles across the Valley. • Since 1922, Valley Oaks were planted in an effort to maintain the natural Oak forest.
• In 1971, Visalia City Council adopted first oak tree
preservation ordinance in an effort to preserve diminishing oaks as a result of urbanization.
• Original ordinance required a permit to remove a Valley Oak and an Intent to Prune Form to trim the tree.
3 34
Purpose of Ordinance
• Maintain a healthy, vigorous,
safe, and well managed
community forest.
• Implement proper
management and
preservation of Valley Oaks.
• Identify hazards and replant
as needed to maintain the
Valley Oak forest.
4 35
Misconceptions regarding the
Ordinance
• “Property owners are not allowed to prune or maintain the Oak trees.”
• “Permission to prune or remove is rarely granted.”
5 Reality of Valley Oak Trees
regarding the Ordinance
• A private property owner may hire a licensed tree
trimming contractor to prune their tree after filing an “Intent to Prune” form with the City. Pruning applications are not turned down unless the tree service is not insured or does not have a valid license.
• A private property owner may hire a licensed tree
contractor to remove their tree if they submit an Oak Tree Removal application and it meets the required criteria.

This section of the ordinance was updated in 2021 with
additional findings that would warrant Valley Oak Tree
removals.
36 Management
• Even healthy Valley Oaks can
fail.
• Property owners should have
Oaks evaluated and inspected
periodically.
• Reducing end weight, canopy
mass, and dead weight may
help.
• Property owners are legally
responsible for Valley Oaks on
their property including trees
in the right-of-way adjacent to
their property.**
6 37
Private Valley Oak Tree
• Property owners are legally responsible for the proper care of their Valley Oak trees.
• Failing Valley Oak trees have the potential to cause property damage and personal injury and must be cared for properly. • Property owners need to be proactive identifying defects or emerging problems with their trees.
• Many local tree services offer extensive knowledge in the proper maintenance and care of Valley Oaks.
7 38
Removal Standards 12.24.035
• No removal permit shall be granted pursuant to this section unless City determines that substantial evidence supports one of the following findings…
Section A. “The general health of the Oak tree warrants removal, or is causing damage to a dwelling, building, or structure…” Section B. “Removal of the Oak tree is necessary to allow new construction or expansion of existing improvements…”
Section C. “Urban Forestry or land management practices warrant removal of the Oak tree. An Oak may be removed based on urban forestry or land management practices if one of the following exist…”
8 39
Removal and Pruning
Permits Issued
* Oak tree removal added to assistance program in July 2021.

Citizens have the right to hire their own certified arborist to provide an opinion or recommendation when there is a
question of removal of a Valley Oak tree on private
property.
9 2018 2019 2020 2021 2022 2023
Approved Removals 101 87 58 52 89 71
Denied Removals 14 7 7 2 6 2
Mitigation Required 4 4 1
Assistance Provided * * * * 1 4
Appeals 1 1 2 1
2018 2019 2020 2021 2022 2023
Approved Prunings 48 36 75 72 62 45
Assistance Provided 3 1 2 0 1 2
Oak Tree Removal Requests
Oak Tree Pruning Requests
40 Mitigation Policy
• Designed to specify in-kind mitigation to be allowed off site on city-owned property where appropriate.
• Property owners are allowed to pay the mitigation fee to avoid planting more Valley Oak trees.
• The mitigation fund currently has a balance of $274,229. • Funded by mitigation fees for removing Valley Oak trees. • Fees pay for pruning and removal of Valley Oak trees on private property for low-income residents.
10 41
Proposed Recommendations
Proposed Modification 1: Modify Section 12.24.030 "Oak tree removal permit required"
• Recommendation: Include the following permit exemption:
 "No permit is required for public utilities subject to the jurisdiction of the Public Utilities Commission of the state of California to prune or remove a Valley Oak tree as necessary to maintain a safe operation for their facilities.“
Proposed Modifications 2: Sections 12.24.030 "Oak tree removal permit required" and 12.24.035 "Removal Standards"
• Recommendation: Explore possible modifications in the following areas:
• 1. Policies and Procedures on Public and Private Property:
 Review and revise language in the aforementioned sections to address Oak tree management on public and private property.
 Consider incorporating provisions that encourage responsible tree management practices, including pruning and removal, while ensuring the conservation of Valley Oak trees. • 2. Community Engagement:
 Introduce a framework for community engagement in the decision-making process regarding Oak tree management on private property.
 Seek input from residents, local organizations, and stakeholders through public meetings, surveys, or other means to gather diverse perspectives. • 3. Establishing Changes:
 Use community feedback to inform potential changes to the Oak Tree Ordinance.  Present proposed modifications to the Council after thorough consideration of community input. 1142
Next Steps
These recommended modifications aim to strike a balance between public safety, the operational needs of public utilities, and community engagement in the management of Valley Oak trees on private, public property. We believe that these changes will enhance the effectiveness and relevance of the Oak Tree Ordinance in the City of Visalia.

1. Conduct stakeholder meetings and community engagement sessions to gather input on Oak tree management.

2. Collaborate with relevant departments and experts to refine proposed modifications based on community feedback.

3. Present final proposed changes to the Council for approval in 90 days.
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Questions?
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Oak Tree Mitigation Policy

February 1, 2007

I. Authority and Adoption

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

II. Mitigation

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

A. Mitigation Fee:

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

B. In Kind Mitigation:

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

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

Example:

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

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

II. Oak Tree Maintenance Fund

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

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

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

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

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

Example 1:

Property Owner A has an oak tree that is lifting the
foundation of a garage. Requiring the property owner to reconstruct the garage at 58 his cost is not reasonable, and therefore a removal permit may be granted; however, with the contribution of $500 from the Oak Tree Maintenance Fund, the property owner agrees to reconstruct a portion of the garage and thereby save the tree. Because it would create a reasonable alternative to removing the tree, an expenditure from the Oak Tree Maintenance Fund is appropriate.

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

59 The City of Visalia offers financial assistance for Valley Oak (quercus lobata) Tree pruning or removal for low-income homeowners that meet income qualifications based on household size. The property where the tree resides must be your primary residence and you must own the home.

GUIDELINES FOR SEEKING ASSISTANCE:

1. Tree must be located on a private, residential lot.

2. Submit Intent to Prune Form or Removal Application to the Urban Forestry Division.

3. Submit an application for assistance for oak tree care.

Application will include:
a. Assistance for Oak Tree Form
b. Proof of Income (previous year’s taxable income documents) c. Proof of ownership
d. Intent to Prune Form, or the Oak Tree Removal Form

4. The supervisor, or his representative, will make an on-site inspection of the tree to be pruned to determine the extent of work necessary.

5. The supervisor or his representative will then agree upon a price for the tree pruning or tree removal with a Tree Maintenance Company that is under contract with the city.

6. If the entire cost of trimming was not covered based on the most recent HUD income limits the property owner will be responsible for the remaining percentage

For more information contact: 713-4020.

60 CITY OF VISALIA

VALLEY OAK PROTECTION ORDINANCE

CRITERIA FOR ASSISTANCE

RESIDENTIAL TREE CARE PROGRAM
JUNE 2023
FAMILY SIZE ANNUAL INCOME* ANNUAL INCOME* ANNUAL INCOME* ANNUAL INCOME* 1 28,900.00$ 46,200.00$ 58,650.00$ 70,400.00$ 2 33,000.00$ 52,800.00$ 67,050.00$ 80,450.00$ 3 37,150.00$ 59,400.00$ 75,400.00$ 90,500.00$ 4 41,250.00$ 65,950.00$ 83,800.00$ 100,550.00$ 5 44,550.00$ 71,250.00$ 90,500.00$ 108,600.00$ 6 47,850.00$ 76,550.00$ 97,200.00$ 116,650.00$ 7 51,150.00$ 81,800.00$ 103,900.00$ 124,700.00$ 8 54,450.00$ 87,100.00$ 110,600.00$ 132,750.00$

THE FOLLOWING BREAKDOWN WILL BE USED TO DETERMINE THE AMOUNT OF

ASSISTANCE

60% OF MEDIAN CITY WILL COVER 100% OF COST
80% OF MEDIAN CITY WILL COVER 75% OF COST
100% OF MEDIAN CITY WILL COVER 50% OF COST
120% OF MEDIAN CITY WILL COVER 25% OF COST

*NOTE: TAXABLE ANNUAL INCOME AFTER DEDUCTIONS

61 APPLICATION FOR ASSISTANCE TO LOW-INCOME

FAMILIES FOR OAK TREE PRUNING & REMOVALS

The City of Visalia offers financial assistance for Valley Oak Tree pruning or removals for low-income homeowners that meet income qualifications based on household size. The property where the tree resides must be your primary residence and you must own the home. For more i nformation contact:
559-713-4020.

APPLICANT:

ADDRESS:

PHONE:

EMAIL: ________________________________

HOMEOWNER RENTER
Please note: You must own your home to qualify

HOUSEHOLD ANNUAL INCOME: _________________________

LIST NUMBER OF PERSONS LIVING AT ABOVE ADDRESS

__________________ DOB: __________
__________________ DOB: __________
__________________ DOB: __________
__________________ DOB: __________
__________________ DOB: __________

You will need to include with this form:

1. Proof of income (previous year’s taxable income documents)

2. Ownership of the property you are requesting assistance for

Return this form to: 336 N Ben Maddox Way, Visalia, CA 93292, M-F 8am to 4pm.

Email: [email protected]
or Fax to: 559-713-4020.
62 City of Visalia
Parks & Recreation
336 N Ben Maddox Way
Visalia, CA 93292

Tel: (559) 713-4020
Email: [email protected]
Account No. 3790-44211

Steps to remove a Valley oak:

1. Fill out an Oak Tree Removal Application. Pay application fee.

2. A city staff representative will come out, evaluate the Valley oak tree and post intent within 5 days.

3. A permit or denial letter will be sent to the property owner within 14 days.

4. If a permit was granted, one may remove the tree once one receives an approved permit.

Oak Tree Removal: Any person desiring to destroy or remove a Valley Oak Tree (Quercus lobata) on private of public property must first obtain a removal permit (Section 12.24.140). It is unlawful for any person to willfully destroy, mutilate, poison, or attempt to kill a Valley Oak Tree (Quercus lobata) within the Visalia corporated city limits. Any person violating the Oak Tree Preservation Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six months, or by both such fine and imprisonment [Section 12.24.260 (D)]

This is an application for a permit to remove ( ) Valley Oak tree(s), Quercus Lobata, within the Visalia corporate city limits located at (address of tree):
_________________________________________________________

Approximate size of tree(s) in diameter at 4 feet high: _________________________________________

Reason for removal request:
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

Cross Streets: ________________________________________________________________________

Name of Tree Service:_____________________________________________ Phone # ____________

Property Owner’s Name: ________________________________________________________________

Property Owner’s Signature: _____________________________________________________________

Property Owner’s Address: ____________________________________________ Zip:______________

Date: _____________________

Applicant’s Name:_____________________________________________________________________

Applicant’s Signature: ________________________________________ Phone: __________________

Applicant’s Address: _________________________________________ Zip: ____________________

Applicant’s E-mail Address: _________________________________________

LOCATION SKETCH
Please draw a description of the tree and the location on the property below

City of Visalia

OAK TREE REMOVAL APPLICATION

63 Return to: City of Visalia, Parks & Recreation,
336 N Ben Maddox Way, Visalia, CA 93292
Tel: (559) 713-4020 or Email: [email protected] Date of Request _________________

City of Visalia

INTENT TO PRUNE

VALLEY OAK TREE

Notice of intent to prune Valley Oak Tree(s) (Quercus Lobata) within the Visalia corporate City limits.

According to the California State Licensing Board, no person shall trim any tree over 15 feet tall or charge an amount in excess of $500.00 that is not duly licensed in accordance with the provisions of Division III, Chapter 9, of the State of California Business and Professions Code and has a current C-27 Landscape Contractor, or a C-61, D-49, Limited Specialty, Tree Service, State of California Contractor’s License.

Approximate Diameter of Valley Oak at Breast Height________________________________________

Date tree to be pruned_________________________________________________________________

Name of Tree Service _________________________________________ Phone ___________________

Business License # _____________________________________________________________________

Contractor’s License # __________________________________________________________________

Insurance Carrier_______________________________________________________________________

Property Owner _____________________________________________ Phone ___________________

Address of tree _____________________________________________________ Zip_______________

Applicant’s Signature __________________________________________ Phone ___________________ (Applicants will be notified by e-mail)

Print Applicant Name___________________________________________________________________ (If different from owner)

Applicant’s Address _________________________________________________ Zip_______________ (If different from tree)

Applicant’s E-mail Address______________________________________________________________

LOCATION SKETCH:

64 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0002 Agenda Date: 1/16/2024 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Printed on 4/26/2024Page 1 of 1
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65 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0493 Agenda Date: 1/16/2024 Agenda #: 2.

Agenda Item Wording:

Grant to waive/lower pet adoption fees: Authorize the acceptance of $95,000 grant from California For All Animals to reduce or waive return to home fees for pets in the shelter and authorize the City Manager to execute the California For All Animals grant agreement.

Deadline for Action: 1/16/2024
Submitting Department: Community Services
Contact Name and Phone Number:

Candace Harrington, 559-713-4682, [email protected] <mailto:[email protected]>
Department Recommendation:

That Council authorizes the acceptance of a $95,000 grant from California For All Animals to create a pilot program reducing/ fully subsidizing return to home fees including the purchase of tags and collars to gift to adopted or return to home pets; and authorizes the City Manager to execute the grant agreement.

Background Discussion:

Animal Services staff were presented with an opportunity to apply for a California For All Animals Grant. The application submitted by staff requested a total of $95,000, which was divided between a request for $2,000 to purchase 200 collars and $3,000 to purchase 200 tags. The remaining $90,000 would go towards the pilot program of reducing/ fully subsidized return to home fees for approximately 250 pets.

The City was notified of the award for the proposed program of reduced/ waived return to home fees on December 8th. A copy of the required grant agreement is provided as Attachment A to this item.

Proposed Use of Grant Funds:

This grant would be used to purchase roughly 200 collars and 200 tags to give as a gift for each pet adopted or returned to home until the tags and collars run out. This will help with identifying and connecting owned animals back to their family before coming back to the shelter. Additionally, the $90,000 remaining would be used to reduce return to home fees by at least $300 for each pet being returned to home in the City of Visalia. If there are grant funds left over, funds will be allocated to return to home fees for owners living outside the City of Visalia.

Fiscal Impact:

The grant to the City of Visalia for reduced or waived return to home fees will cover the return to Visalia City Council Printed on 4/26/2024Page 1 of 2
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66 File #: 23-0493 Agenda Date: 1/16/2024 Agenda #: 2.
home cost of up to 250 animals being reunited with their owners. The additional purchase of collars and tags as gifts to 200 animals adopted or returned to home. The operation of this program would use current City staff and would not result in any material increase in cost to the Animal Services Fund. No General Fund money is requested for this program.

Prior Council Action: None
Other: N/A
Alternatives: To refuse the $95,000 grant, and forgo the opportunity to increase the number of animals able to be reunited with their owners who had previously been unable to pay the return to home fees
Recommended Motion (and Alternative Motions if expected):

Move that Council authorizes the acceptance of a $95,000 grant from California For All Animals for the reduced/ fully subsidized fees for 250 animals and purchase collars and tags as gifts for 200 animals adopted or reclaimed.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: None
Visalia City Council Printed on 4/26/2024Page 2 of 2
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67 UCD #_______
1 of 4
UC Davis Agreement #_______

SHELTER SERVICES AGREEMENT
(Visalia Animal Services)

THIS SHELTER SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program ( “Facility”) and VISALIA ANIMAL SERVICES (“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program (“Program”).

The parties agree as follows:

1. Shelter Services. Shelter shall adhere to the scope of work described in “Exhibit A”, attached hereto and by this reference made a part hereof (collectively the “Services” ). University shall reimburse Shelter for costs (“Expenses”) pursuant to Section 2 below and as outlined in Exhibit A. “Deliverables” shall consist of report (s) and photographs, as applicable , as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.

2. Payment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $95,000 upon invoice from Shelter and final signature of this Agreement . Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e-mail address [email protected]
.

3. Term. Services shall be rendered from January 1, 2024 through December 31, 2024.

4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.

5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.

6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another

harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.
68 UCD #______

7. I
nsurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.

8. F
orce Majeure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control.

9. R
elationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.

10. U
se of University’s Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.

11. C
ontract Compliance. As applicable, if this Agreement is funded wholly or in part with by a grant or contract from an agency of any state or federal government, Shelter shall comply with all terms and conditions applicable to recipients of such funds and their contractors.

12. N
otice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:

SHELTER (regarding contracts)
Candace Harrington
Animal Services Manager
Visalia Animal Services
29016 Hwy 99,
Visalia, CA 93277
E-mail: [email protected]
UNIVERSITY (regarding contracts)
Business & Revenue Contracts
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]
UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]

13. U
niversity's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.

14. G
overning Law. This Agreement shall be construed pursuant to California law.

Steven Kobayashi
69 UCD #______

15. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.html/##11#1 ). This agreement shall be
subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.

16. Audit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.

Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs associated with the administration of this Agreement.

17. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days’ written notice of such action. If this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds.

18. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.

AGREED:

VISALIA ANIMAL SERVICES THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA

By: By:
(authorized signature)

Print name:

UC Davis
Title:

Date: Date:
70 UCD #_______
4 of 4
Exhibit A

Scope of Work

1. Purpose of the work: Visalia Animal Services will receive funding for subsidized return to home fees and for pet tags and collars.

2. Roles and responsibilities of each party: Visalia Animal Services will provide historical data from 2018 to 2022, and annual data through 2026 to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program.

KSMP will support the shelter to comply with data requirements. No University equipment will be used.

3. Dates and times will the work be completed: Work will be completed during the contract period of January 1, 2024 through December 31, 2024

4. Location where work will be performed: 29016 Hwy 99, Visalia, CA 93277

5. Required deliverables: One final report will be required upon completion of the program. Additional touch points during the grant will be discussed with project officer.

6. Project milestones: Program pilot to be completed by December 31, 2024.

7. Total cost of the services: Total of services not to exceed $95,000. No construction costs will be funded through this grant.

Items:
• Subsidized return to home fees $90,000
• Pet tags and collars $5,000

Total expenses: $95,000

8. Payment schedule: Payment will be upon execution of the agreement.

9. Anticipated additional work: Additional work is not anticipated at this time. 71 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0495 Agenda Date: 1/16/2024 Agenda #: 3.

Agenda Item Wording:

Parking Agreement for Mayor’s Park - First reading of Ordinance 2024-02, authorizing the City Manager to enter into an agreement with Dr. Christopher J. Wood, DDS, MS, for the use of 4 parking lot spaces at Mayor’s Park.

Deadline for Action: 1/16/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Jana Ferguson, Financial Analyst, 713-4429; Renee Nagel, Director of Finance and Technology, 713-4575
Department Recommendation:

Introduce the first reading of Ordinance 2024-02, authorizing the City Manager to enter into a 10-year Agreement with Dr. Christopher J. Wood, DDS, MS, for the use of 4 parking spaces at Mayor’s Park during the hours of 8 am - 5 pm, Monday - Friday, in exchange for the upkeep and maintenance of the parking lot and immediate surrounding landscaping.

Background Discussion:

In 1984, Dr. Stephen McAuliff rehabilitated a building at 1549 West Main Street as an orthodontic office. In order to provide adequate parking for his patients, he approached the City about constructing 4 parking spaces on the edge of Mayor’s Park. The Council, at that time, granted a ten- year agreement with the option to renew it for an additional ten years. Dr. McAuliff renewed the lease in 1994, and at the time of the renewal, another ten-year option was added, extending the lease until 2004.

In 2004, Dr. McAuliff reached out to continue the agreement keeping the terms of the agreement the same, which allowed his office the use of the spaces from 8 am to 5 pm, Monday through Friday and he is solely responsible for the cost of all upkeep and maintenance of the parking spaces and surrounding landscaping. Council agreed to adopt Ordinance 2004-24, granting him a new agreement for ten years with an option for an additional ten years.

In November of this year, the City received a letter from Dr. McAuliff notifying us that he had sold the business and the property to Dr. Christopher Wood, DDS, MS. Staff reached out to Dr. Wood to see if he was interested in the same general agreement that Dr. McAuliff had maintained for the last 40 years and he was very eager to continue the relationship with the City that Dr. McAuliff had established. He understands that all maintenance, paving, striping, landscaping, and insurance costs are solely his responsibility in exchange for his office’s use of the 4 parking spaces from 8 am - 5 pm, Monday through Friday.

Article VI, Section 16 of the City Charter requires any lease made for a period of longer than five Visalia City Council Printed on 4/26/2024Page 1 of 2
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72 File #: 23-0495 Agenda Date: 1/16/2024 Agenda #: 3.
years be approved by an ordinance. Ordinance 23-0495, authorizing the execution of the attached Parking Agreement is attached for introduction. A second reading will be held at the next regular Council meeting.

Fiscal Impact:

No fiscal impact.

Prior Council Action: The original agreement in 1984; renewal with an additional 10-year option authorized in 1994; Ordinance 2004-24 authorized a new agreement with an additional 10-year option on August 16, 2004.

Other: N/A
Alternatives: Not enter into an Agreement with Dr. Wood, DDS, MS, and the City will assume responsibility for the maintenance and upkeep of the Mayor’s Park parking lot and surrounding landscaping.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance 23-0495, authorizing a Parking Agreement between the City of Visalia and Dr. Wood for 4 parking spaces at Mayor’s Park.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Original Agreement; Ordinance 2004-24; Proposed Agreement; Map of Proposed Agreement area, Ordinance 2024-02
Visalia City Council Printed on 4/26/2024Page 2 of 2
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73 74
75 76
77 78

PARKING AGREEMENT
This Parking Agreement between the City of Visalia, a charter city organized under the laws of the State of California, and CHRISTOPHER J. WOOD, the owner of the property located at 1549, W. Main Street, Visalia, California, and the owner of the business located on that property, Wood Orthodontics
WHEREAS, the City of Visalia, a municipal corporation of the State of California, is the owner in fee simple and entitled to possession of that certain real property commonly referred to as “Mayor’s Park” at the corner of Main and Hall streets in Visalia, Tulare County, California, and more particularly described as follows:

All that portion of Lot 24 of Parkside Tract in the City of Visalia, County of Tulare, State of California, as recorded in V olume 8, Page 82 of Maps in the office of the County Recorder of said county, described as follows:

Beginning at the Northeast corner of said Lot 24; thence West along the North line of said Lot, 16 feet; thence South and parallel with the East line of said Lot, 43 feet; thence Southwesterly, in a straight line, 23 feet, more or less to a point 58 feet South and 34 feet West of the Northeast corner of said Lot 24; thence South in a straight line to a point in the Southerly line of said Lot; thence Southeasterly and Easterly along the Southerly property line of said Lot to the more Easterly point of said Lot; then Northwesterly along said property line 39.27 feet; thence Noth along said property line

99.75 feet to the true point of beginning.

WHEREAS, improvements to said property were made consisting of a paved parking lot of two inch (2”) asphalt over four inch (4”) aggregate base and constructed in the location and to the specifications of the site development plan
WHEREAS, the eastern border of said property is landscaped in a manner and according to the terms and specification of the site development plan, and WHEREAS, the heretofore improvements to said property were done in exchange for the use of said parking lot by the previous property and business owner.

WHEREAS, the parties are agreeable to continuing the prior parking agreement.

NOW, THEREFORE, the parties hereto agree as follows:

1. TERM OF AGREEMENT - The term of this Agreement shall be a period of ten (10) years, commencing January 1, 2024, and ending December 31, 2033.

2. OWNERSHIP OF PARKING LOT AND LANDSCAPING - The parking lot and landscape that is described above, is the property of the City of Visalia.

3. REPAIRS AND MAINTENANCE - At all times during the term of this Agreement, and any renewals of the term of this Agreement, CHRISTOPHER J. WOOD, shall at his own cost 79 and expense, and at no cost and expense to the City of Visalia, keep and maintain the parking lot and landscape above described in good order and repair and in a safe and clean condition.

Furthermore, CHRISTOPHER J. WOOD, shall, at his own cost and expense, and at no cost and expense to the City of Visalia maintain at all times during the term of this Agreement any and all renewals of this Agreement, the parking lot and landscape above described in a clean, sanitary, tidy, orderly, and attractive condition.

4. INDEMNITY AGREEMENT - CHRISTOPHER J. WOOD shall indemnify and hold the City of Visalia free and harmless from any and all liability, claims, loss, damages, or expenses resulting from CHRISTOPHER J. WOODS’s failure to keep and maintain the parking lot and landscape in good order and repair and in a safe and clean condition.

5. LIABILITY INSURANCE - CHRISTOPHER J. WOOD shall, at its own cost and expense, maintain during the entire term of this Agreement, and any renewal or extension of this Agreement, a broad-form comprehensive coverage policy of public liability insurance, issued by an insurance company authorized to conduct business in the State of California, insuring City of Visalia and CHRISTOPHER J. WOOD against loss or liability caused by or connected with the use of and occupation of the subject property by Mr. Wood in amounts no less than one million dollars, ($1,000,000.)

The policy of insurance described herein shall be primary and noncontributory with any policies carried by City of Visalia. City of Visalia shall be furnished with proof of insurance meeting the requirements of this Agreement, and that such insurance names the City of Visalia, its elected and appointed officials, agents, representatives, and employees as additional insured under the policy.

6. DUTY TO RESTORE PREMISES - Should at any time during the term of this Agreement the parking lot or landscape above described be destroyed in whole or in part by fire, theft, the elements, or any other cause, not the fault of the City of Visalia, this Agreement shall continue in full force and effect and CHRISTOPHER J. WOOD, shall, at his own cost and expense, and at no cost and expense to the City of Visalia, repair and restore the damaged parking lot and/or landscape to the original plan thereof.

7. USE OF PARKING LOT - The above said parking lot may be used for vehicular parking and for vehicular and pedestrian ingress an egress by patients of CHRISTOPHER J.

WOOD’s orthodontia office located at 1549 West Main Street. Said use shall be limited to weekdays from 7:00 am to 6:00 pm and shall be on a first come, first served basis.

The City of Visalia retains the right for any of its employees, agents, guests, or members of the general public to use the above-described parking lot for vehicular parking and for vehicular and pedestrian ingress and egress, on a first come, first served basis.

CHRISTOPHER J. WOOD shall, at his own cost and expense, install and maintain signs in 80 appropriate location in the above-described parking lot clearly indicating that the parking for the general public is allowed during times other than the above-described hours.

8. REAL PROPERTY TAXES - The City of Visalia shall pay any and all real property taxes and general and special assessments levied or assessed during the term of this Agreement by any governmental agency or entity on or against the above-described property commonly referred to as “Mayor’s Park”. CHRISTOPHER J. WOOD shall pay all taxes levied or assessed upon all personal property and fixtures owned by CHRISTOPHER J. WOOD and located in the area subject to this Agreement, in addition if this Agreement is determined to create a taxable possessory property interest held by CHRISTOPHER J. WOOD, then any such taxes shall be the sole responsibility of CHRISTOPHER J. WOOD.

9. ATTORNEY’S FEES - Should any litigation be commenced between the parties to this Agreement concerning the above-described property commonly referred to as ‘Mayor’s Park”, the Agreement, or the rights and duties of either in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for his attorney’s fees in such litigation, which shall be determined by the Court in such litigation or in a separate action brought for that purpose.

10. ONE-TIME OPTION TO RENEW - CHRISTOPHER J. WOOD is hereby granted a single option to renew this Agreement for an additional period of ten (10) years on the expiration of the term of this Agreement; said renewal shall be on the same terms, covenants, and conditions and subject to the same exceptions and reservation as herein contained, EXCEPT THAT there shall be no continuing option to renew for an additional period. Any renewal or extension of this Agreement beyond the 10-year option term (if exercised by CHRISTOPHER J. WOOD) will be subject to agreement by the City of Visalia. The one- time renewal option shall be exercised by written notice setting forth CHRISTOPHER J.

WOOD’s election to exercise the option, delivered to the City of Visalia in person or by United States mail within thirty (30) days prior to the expiration of the term hereof.

11. ASSIGNMENT – This Agreement may not be assigned, encumbered, or transferred by CHRISTOPHER J. WOOD without the prior written express consent of the City of Visalia.

Any assignment, encumbrance, or transfer of this Agreement without the written express consent of the City of Visalia shall be void and constitute a default under this Agreement, allowing the City of Visalia to immediately terminate this Agreement and retake possession of the subject property.

81 Executed on __________________________ at Visalia, Tulare County, California.

CITY OF VISALIA CHRISTOPHER J. WOOD

__________________________

__________________________
By: City Manager By: Christopher J. Wood

Approved as to Form

____________________________
By: City Attorney

____________________________
By: Risk Manager

82 Mill Creek
W Main St
N Hall St
N Fairway St
Leased Area Owned by City
City Owned Parcels
Waterways
0 50 10025
Feet
¯Leased Area at Mayor's Park
83 ORDINANCE NO. 23-0495

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE FOR REAL PROPERTY AT 1549 W. MAIN STREET

SECTION 1. The City of Visalia has previously maintained leases for certain City-owned real property with Dr. Stephen J. McAuliff for the purpose of allowing Dr. McAuliff to improve the City-owned property for parking purposes. The City has obtained a benefit from the lease in that parking spaces that are available for the public ’s use when visiting Mayor ’s Park have been developed and maintained at private expense. Dr. McAuliff recently sold the property to Dr. Christopher Wood, DDS, MS. Dr. Wood is interested in continuing the agreement with the City and agrees to all the terms and conditions. The City will continue to benefit from a new lease agreement with Dr. Wood.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

SECTION 2. The City Manager is hereby authorized to enter into a lease agreement with Dr.

Christopher Wood, DDS, MS on the terms outlined in the draft agreement attached hereto as Exhibit A.

84 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0496 Agenda Date: 1/16/2024 Agenda #: 4.

Agenda Item Wording:

City of Exeter contract Animal Services - Authorize the City Manager to execute an agreement between the City of Visalia and the City of Exeter to provide animal shelter services at a rate of $216,900 per year and make any additional modifications to this draft agreement.

Deadline for Action: 12/18/2023
Submitting Department: Community Services
Contact Name and Phone Number:

Candace Harrington, 559-713-4682, [email protected] Department Recommendation:

Authorize the City Manager to execute an agreement between the City of Visalia and the City of Exeter for the purpose of providing animal shelter services, animal control and animal licensing, and make any additional modifications to this draft agreement, for a 1 year period at a rate of $216,900 with four 1-year renewal options , for a maximum of 5 years totaling $1,084,500.

Background Discussion:

In 2016, the City of Visalia took over operation of the Visalia Animal Care Center (VACC). In 2018 entered into a 10-year contract to continue providing shelter services to the City of Exeter. This agreement allowed for the continued use of the VACC by the City of Exeter for the shelter of animals and Visalia’s Animal Control Officers and provided $75,800 in annual revenue for the Animal Services enterprise fund.

The 2018 contract allowed for changes to the fee, however this annual adjustment was never done. A recent analysis of this contract has shown the need to increase the amount being charged for the services that the City of Visalia is providing. This is due to the original contract being underpriced, and not adequately accounting for inflation and increased operational costs. Correction of this situation has required the existing contract to be ended and a new contract negotiated. This new agreement, for an annual fee of $216,900 more accurately captures the cost of the services being provided which include licensing, animal control and sheltering of animals. This is a 1-year agreement with four available 1-year renewals for a maximum of 5 years of animal services being provided to the City of Exeter. This Rate is based on the City of Exeter bringing in a maximum of 300 animals at a charge of $315 per animal for a total of $94,500. Also included is the cost of supporting the City of Exeter billing and licensing at $39,800 and the animal control for $82,600 for an overall total of $216,900.

This contract increase is projected to cover increased prices in food, vaccines, medications, veterinary care, cleaning supplies and other shelter necessities which were not taken into account with the original contract. This rate ensures that Exeter pays for their proportionate share of the Visalia City Council Printed on 4/26/2024Page 1 of 2
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85 File #: 23-0496 Agenda Date: 1/16/2024 Agenda #: 4.
animal services’ operating cost and animal control services. The proposed contract has been renegotiated with the City of Exeter and the updated contract parameters and fees for service have been agreed upon to be in line with the cost of services provided.

Fiscal Impact:

Approval of the new contract will result in $216,900 in annual revenue to the Animal Services Enterprise Fund which represents and annual increase of $141,100.

Prior Council Action: November 2, 2018, The Agreement with the City of Exeter was approved and went into effect.

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

Staff Recommends that Council authorize the City Manager to make any additional modifications to this draft agreement and execute a 1-year Animal Shelter Services Agreement with four 1-year agreements for a maximum of 5 years services to be provided to the City of Exeter for a maximum contract total of $1,084,500.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Exeter Animal Services Contract (Attachment A) Visalia City Council Printed on 4/26/2024Page 2 of 2
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Animal Control Services Agreement

This AGREEMENT between the City of Visalia (“Visalia”) and the City of Exeter (“Exeter”) is hereby effective as of February 1, 2024.

RECITALS

WHEREAS, Exeter is authorized and empowered to employ contractors and specialists in the performance of its duties and functions; and

WHEREAS, Exeter has a need for animal shelter services, pursuant to California Health & Safety Code sections 121575, et seq.; and

WHEREAS, Exeter has a need for a contractor to handle animal shelter services, animal licensing and animal control field services; and

WHEREAS, Visalia will provide these services to meet the Exeter’s needs on the terms and conditions set forth herein; and

WHEREAS, Visalia and Exeter previously entered into an agreement for these services on November 2, 2018 and Visalia has provided those services; and

WHEREAS, Parties have agreed to modify and replace the prior agreement with this revised agreement; and

WHEREAS, Parties agree the prior agreement shall expire on January 31, 2024 and shall be replaced with this revised animal control services agreement beginning on February 1, 2024; and

WHEREAS, Exeter shall pay Visalia all outstanding amounts owed under the prior agreement within thirty days of this new agreement taking effect or as otherwise agreed upon in writing between the Parties.

WHEREAS, Exeter agrees that it will consider an ordinance that mandates the spaying or neutering of animals, unless the health or age of an animal would prevent alteration, as a condition of be ing released from an animal shelter. Exeter shall consider such an ordinance within sixty days of this Agreement being signed. If Exeter adopts such a requirement, then it will notify Visalia so that it will be implemented for the release of animals being held for Exeter residents. If Exeter does not adopt this ordinance, then Visalia may terminate this Agreement on ten days written notice to Exeter.

NOW, THEREFORE, it is mutually understood and agreed as follows:

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ARTICLE 1 - COMPLETE AGREEMENT

This Agreement, including the recitals stated above which are incorporated herein by reference, and the attachments and documents incorporated herein constitute the complete and exclusive statement of the terms of the Agreement between Visalia and Exeter and it supersedes all prior representations, understanding and communications.

The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of other provisions.

ARTICLE 2 –STANDARD OF CARE

The standard of care with respe ct to Visalia’s services hereunder will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality and under the same or similar circumstances.

ARTICLE 3 - INDEPENDENT CONTRACTOR

Visalia relationship to Exeter in its performance of this Agreement is that o f an independent contractor. Visalia may, at it’s own expense, use employees or subcontractors as Visalia deems necessary to perform the services required under this Agreement. The personnel performing services under this Agreement shall at all times be under Visalia’s exclusive direction and control and shall be employees or subcontractors of Visalia and not employees of Exeter.

Visalia shall pay all wages, salaries, and other amounts due its employees , or subcontractors in connection with the performance of this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers compensation insurance, and similar matters. The personnel performing services under this Agreement shall not be entitled to the rights or benefits afforded to Exeter employees, including disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, or any other Exeter employment benefit.

The relationship between Visalia and Exeter is non -exclusive. Visalia may perform services for, and contract with other clients, persons, or companies.

ARTICLE 4 – DUTIES AND SCOPE OF WORK

4.1 Scope of Work. Subject only to the general policies and direction of Exeter with regard to animal control operations, and to the provisions and requirements of this Agreement, Visalia shall do all things necessary to provide animal control services, animal shelter services and animal licensing services for Exeter. This includes providing space at the Visalia Animal Care Center for sheltering animals from Exeter. As stated in Exhibit “A” Visalia will designate a specific space in the Animal Care Center for animals from Exeter.

4.2 Handling of Animals Brought by Exeter. As described specifically in Exhibit A (Scope of Work), Visalia shall be deemed to be acting on behalf of Exeter in the capacity of providing animal shelters and any animals sent by Exeter to the animal 88 3
shelter owned and operated by Visalia shall be deemed to be held in the custody of Exeter. Visalia shall hold the animals for the time period required by state law, plus an additional two-day period. After the state mandated hold period plus two days, the animals will be humanely euthanized at Exeter expense or, if Exeter directs Visalia in writing to continue holding an animal after these time periods, then Visalia shall continue to hold the animal on behalf of Exeter and the animal will remain the property of and deemed in the custody of Exeter until Visalia receives further direction as to the handling of the animal from Exeter. As stated in more detail in Exhibit “A” Visalia will begin charging Exeter costs incurred by Visalia after holding an animal for seven days.

These charges will be billed separately from the base services stated in Article 7 of this Agreement.

In no event shall an animal that has been determined to be vicious under the Exeter Municipal Code be released to Visalia unless such determination is overturned on appeal.

4.3 Adherence to Legal Standards. Visalia shall be solely responsible for ensuring that all animal shelter services provided hereunder are provided in strict conformance with all laws and statutes relating to the humane treatment of animals and safe handling of animals under applicable state and local statutes, ordinances, and regulations.

Visalia and Exeter agree to cooperate over municipal code enforcement by Visalia on behalf of Exeter. Exeter acknowledges that it has implemented changes to its municipal code violations to allow Visalia personnel, acting under the scope of this Agreement as animal control officers for Exeter, to issue citations for Exeter municipal code violations.

Parties acknowledge that each maintains separate municipal ordinances regarding animals and agree that they shall cooperate in modifying their ordinances to be consistent on what constitutes violations for items such as defining excess noise by animals, vicious dogs, impounding animals, commercial kennel requirements, leash regulations, and licensing requirements. Parties acknowledge that this section recognizes each agency is solely responsible for determining its applicable municipal ordinances and that each may implement separate rules on specific issues. This Agreement is not intended to require either agency to have the same requirements for all animals within its jurisdiction.

4.4 Applicable Charges Collected on Behalf of Exeter. Exeter will provide Visalia with a list of applicable charges, such as licensing fees, that Visalia is to collect on behalf of Exeter. These amounts will be separately accounted for and paid to Exeter monthly with an accounting of each amount charged on behalf of Exeter. Parties agree that this rate of applicable charges may be adjusted by Exeter. Exeter shall provide the revised list of applicable charges to Visalia at least thirty days prior to the date upon which it shall become effective.

ARTICLE 5 - CHANGES IN SCOPE OF WORK; AMENDMENT

It is understood and agreed by Visalia and Exeter that it may be necessary, from time to time during the term of this Agreement, to modify its provisions or to revise the scope and/or extent of Visalia work under this Agreement for the operation and maintenance of the animal control operations. In each such instance, Visalia and Exeter shall consult 89 4
with each other and shall come to a mutually acceptable agreement as to the nature of the required modification or revision desired.

ARTICLE 6 - TERM OF AGREEMENT

This Agreement shall become effective February 1, 2024 and shall continue in full force and effect through January 31, 2025.

After this term this Agreement may be renewed for up to four additional one-year (twelve month) terms. Parties agree that each of these one -year extensions shall begin automatically unless a party notifies the other of non-renewal within sixty days prior to the expiration of then current term, unless earlier terminated as herein provided. Parties may agree in a writing signed by both Parties to further extend the term of this Agreement.

ARTICLE 7 - COMPENSATION

For the base services performed pursuant to this Agreement, which are described in Exhibit “A” Exeter agrees to pay, and Visalia agrees to accept, as payment in full an annual contract amount of $216,900. Exeter has agreed to pay this amount annually in twelve equal monthly installments of $18,075 beginning on the effective date of this Agreement. Payment of each monthly installment shall be due on the 1 st of each month and must be received by the 20th day of each month or a late fee of $250.00 shall be charged to Exeter in addition to the amount owed. If payment is not received, then Exeter will be in breach of this Agreement and Visalia may terminate the Agreement on fifteen (15) days written notice to Exeter if the breach is not cured prior to termination.

Upon the anniversary of the effective date of this agreement, Parties agree that all fees in this agreement will be increased by the annual CPI rate. The CPI rate is calculated using the most recent twelve-month period closest to the anniversary date of the agreement. For purposes of this section CPI means the United States Department of Labor, Consumer Price Index for All Urban Consumers, US City Average, All items , unadjusted index, or if such index is no longer published, a successor or substitute index designated by Visalia, that tracks changes in consumer prices in this area.

In addition to the base services performed pursuant to this Agreement, Visali a shall bill Exeter for add itional identified specific costs in addition to the base services . These specific costs include the following:

 The costs of euthanizing animals.
 The costs of Visalia providing staff to Exeter for special events , as requested by Exeter.
 Cost recovery fee for animals received at Visalia animal shelter after operating hours.
 Cost incurred by Visalia after holding an animal for more than seven days as specified in Exhibit “A”.

Visalia will charge Exeter for the costs incurred by Visalia in providing these additional services. These amounts shall be recorded and invoiced within thirty days from being incurred by Visalia with a description of the item incurring the costs. Payment is due by 90 5
Exeter within th irty days of being invoiced by Visalia. A late payment penalty fee of $250.00 shall be charged to Exeter if the payment is not made within this time period.

Included in Exhibit “A” to this Agreement is a description of these services, that if provided by Visalia, will be separately charged to Exeter in addition to the annual fee for base services.

ARTICLE 8 - INSURANCE

With respect to performance of work under this Agreement, Visalia agrees to maintain adequate self-insurance. If Visalia utilizes subcontractors to perform any duties required by Visalia under this Agreement , then it shall require its subcontractors to maintain insurance as described below and shall name Exeter as additional insurance:

A. Workers’ compensation insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident.

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

Evidence of insurance, or self-insurance by Visalia, will be made available to Exeter upon request.

Exeter must provide proof of insurance coverage for any Exeter employee or subcontractor that delivers or receives animals to or from Visalia under this Agreement.

Exeter agrees to provide Visalia with proof of insurance that names Visalia as additional insured and indicates that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with the insurance provided . Exeter agrees that this insurance may be in the form of self-insurance or insurance policies that meet or exceeds the coverage requirements stated above for any subcontractors used by Visalia , and in addition since Exeter staff or subcontractors would be utilizing vehicles , Exeter shall provide proof of comprehensive automobile liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

ARTICLE 9 - INDEMNIFICATION

Visalia hereby agrees to indemnify and hold Exeter and its officers, agents, employees and assigns harmless from a ny liability imposed for injury (as defined by Government Code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to any act or omission, including strict liabi lity or negligence of Visalia , or of anyone acting under Visalia’s direction or control or on its behalf, in connection with or incident to, or arising out of the performance of this contract.

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Exeter hereby agrees to indemnify and hold Visalia and its officers, agents, employees and assigns harmless from any liability imposed for injury (as defined by Government Code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to any act or omission, including strict liabi lity or negligence of Exeter, or of anyone acting under Exeter’s direction or control or on its behalf, in connection with or incident to, or arising out of the performance of this contract.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.

ARTICLE 10 - TERMINATION

This Agreement may be terminated by either Visalia or Exeter in whole or in part, at any time by ninety days written notice from one party to the other.

ARTICLE 11 – EMPLOYMENT REGULATIONS

All services performed by Visalia pursuant to this Agreement shall be performed in accordance and full compliance with all applicable state and fede ral laws relating to employment including but not limited to the Fair Labor Standards act, Fair Employment Practices, Equal Opportunity Employment Act and all other applicable Federal and State laws and regulations regarding employment and immigration, including nondiscrimination, compensation, taxation, etc.

Visalia agrees that it will not discriminate agains t any employee or applicant for employment because of race, color, creed, national origin, sex, sexual orientation, age, or disability.

ARTICLE 12 – CONFLICT OF INTEREST

Visalia covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of service required to be performed under this Agreement.

ARTICLE 13 – AUDIT; RETENTION OF RECORDS|

Visalia shall allow the authorized representatives of Exeter to inspect and au dit all data and records of Visalia relating to performance under this Agreement. Such audit shall be allowed upon reasonable notice of Exeter. Further, Visalia shall maintain all required records for three (3) years after final payment u nder this Agreement and until all other pending matters are closed.

ARTICLE 14 – ACCESS TO RECORDS

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Visalia agrees to provide Exeter or any of their authorized representatives access to any books, docum ents, papers , and records of Visalia , which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.

Visalia agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

ARTICLE 15 – ATTORNEY’S FEES

In the event it is necessary to institute litigation to enforce any of the terms and conditions of this Agreement, the prevailing party in any such litigation shall be entitled to an award of reasonable attorney’s fees and costs incurred therein, as determined by the court.

ARTICLE 16 – NOTICE

All notices hereunder and communications with respect to this Agreement shall be effected upon the mailing thereof of registered or certified mail return receipt requested and addressed as follows:

FOR Visalia: FOR Exeter:

Animal Services Manager Adam Ennis
29016 Highway 99 137 North F Street
Visalia, CA93277 Exeter, CA 93221

ARTICLE 17 – MODIFICATIONS

Modifications to this Agreement shall be in writing signed by both parties, unless explicitly indicated otherwise herein.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.

CITY OF VISALIA CITY OF EXETER

____________________________ ___________________________

Approved as to Form Approved as to Form

____________________________ ____________________________ City Attorney City Attorney

____________________________
Risk Manager

Exhibits:

A: SCOPE OF WORK
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EXHIBIT “A”

SCOPE OF WORK

SECTION 1 - SHELTERING

Visalia also referred to as “CONTRACTOR” shall perform the duties and accept the responsibilities set forth below in connection with its operation of animal sheltering services. It is the intent of the parties that Visalia shall provide all necessary services to shelter and care for animals delivered by or on behalf of Exeter to Visalia.

1.1 Sheltering - General

Visalia shall provide Exeter with animal care for the legally required holding periods, including Stray Hold, Current License and Microchip/Notice of Impound, Protective Custody, Vicious Hold, and Quarantine as required pursuant to Food & Agriculture Code Sections 17006 & Sections 30501-32003 and applicable City of Exeter Municipal Code provisions, as provided to Visalia by Exeter.

Below is a list of applicable required holding periods, after each of these holding periods there shall be an additional two-day holding period that the animal shall remain the property of Exeter and during which time Visalia shall determine whether the animal shall be euthanized at the expense of Exeter or if Exeter will direct Visalia to retain the animal for an additional period. Exeter may instruct Visalia, in writing, to hold an animal after these designated time periods and in these instances the animal will remain the property of Exeter and held under this Agreement until Exeter provides alternative instructions to Visalia.

If Visalia euthanizes an animal at the expense of Exeter, then it shall track the date and cost. Visalia shall bill Exeter within thirty days of the animal being euthanized. This amount shall be charged separately from the base services fee by Visalia.

Description Duration
Stray Hold Four (4) business days, (not counting the day received) .

Current
License &
Microchip
Notice of
Impound
Six (6) business days, (not counting the day received).

Protective
Custody
Fourteen (14) consecutive days, (not counting the day received) Vicious Hold Thirty (30) consecutive days, (not counting the day received). Hold may be extended pending legal appeals. Any animal that has been determined to be vicious shall be humanely euthanized following exhaustion of any appeal period and shall in no circumstances be released to CONTRACTOR. In the event a vicious determination has been reversed on appeal of the animal owner, subject to a probationary period or 95 10
otherwise, the animal shall be returned to the property owner and shall not become the property of the CONTRACTOR.

Quarantine Ten (10) consecutive days, (not counting the day received)

The above hold periods are subject to change based on legal requirements. Business days are Monday through Friday.

Visalia shall bill Exeter the applicable daily charge from the Visalia rates and fees for holding an animal after an animal has been held for more than seven days. This amount shall be charged separately from the base services fee by Visalia.

1.2 Sick and Injured

Visalia shall provide sick and injured animal care, required vaccinations (DHPP for dogs and FVRCP for cats), microchip implanting of animals redeemed by their owners, and dead animal disposal services pursuant to Penal Code Sections 597f and 597.1.

Sick and injured animal care includes any veterinary cost incurred, or veterinary medications prescribed for animal care for administration, during the mandated holding period; no additional compensation shall be provided by Exeter for such costs. Visalia will be responsible for ascertaining the basic humane treatment needed.

1.3 Jurisdiction

Visalia shall house animals brought into the shelter by the Exeter’s residents or Exeter employees, contractors, or agents, providing animal control services.

1.4 Reporting

Visalia shall submit a Monthly report, by the 20th of the following month, which shall include Exeter animal intake and disposition numbers, specifically listing protective custody, vicious & quarantine holds. Intake and Disposition totals shall list number of animals in each stray hold category. The Monthly Report shall also include a record of all training for ACO’s and any vicious dog hearings attended.

1.5 Shelter/Performance Standards

Visalia shall take reasonable steps to provide temporary care for wild animals and fowl that come into its custody from Exeter and will attempt to transfer custody of wild animals and fowl to a wildlife care facility or other suitable facility for treatment and rehabilitation. If transfer is not possible, then Visalia will humanely euthanize the animal and charge Exeter the standard euthanasia fee.

Visalia shall maintain suitable office hours at the animal shelter for the convenience of the public and for any other purpose under the Agreement.

Exeter employees, performing official functions at the shelter, shall be granted access to animal shelter when Visalia staff are working at the facility. If Exeter requires access when it is not during normal Visalia operating hours, Visalia shall charge a flat fee of 96 11
$200.00 to Exeter. This amount shall be charged separately from the base services fee by Visalia.

Visalia may appoint competent and qualified agents for the carrying out of responsibilities under this Agreement.

1.6 Impounding and Sheltering

Visalia shall provide all necessary food, water, shelter and give all basic care and attention to such animals and fowl while they are in the Visalia’s possession and until adopted, placed or otherwise humanely euthanized and disposed of in accordance with federal, state, or local law.

Visalia shall fully cooperate with the Tulare County Health Department by following procedures required by applicable state or local quarantine codes concerning persons or animals bitten by an animal in the City of Exeter

All animals licensed, redeemed, or adopted at the shelter or clinic shall be micro- chipped.

Owners of animals shall be responsible for and separately charged by Exeter for all shelter fees incurred in the impoundment, including, but not limited to: boarding, vaccinations, quarantine & protective custody fees. As stated in Section 2, Visalia will bill these amounts on behalf of Exeter based on the applicable list of fees provided by Exeter.

1.7 Service Standards

Visalia shall be responsible for the employment and supervision of all employees necessary to perform animal sheltering operations.

Visalia shall communicate customer care standards and animal care standards to all employees at the time of hire and as part of an ongoing coaching/training program.

Those standards include professionalism, fairness, objectivity, respect and compassionate animal care.

Visalia shall comply with applicable State and federal employment laws, including Section 1735 of the California Labor Code and Title VI of the Civil Rights Act of 1964, as amended.

Nothing in this section shall be construed by either Visalia or Exeter to be in conflict with the language and intent of Article 4, entitled “Independent Contractor,” of the AGREEMENT of which this Scope of Work is a part.

The maximum number of animals Visalia can take by Exeter is limited to 300 animals. If this amount is exceeded, then Visalia will notify Exeter. After this capacity is reached, then Visalia will only accept animals from Exeter if there is space and capacity at the animal shelter but an additional charge of $315.00 per animal will be applied in such instances.
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1.8 Animal Care Center Customer Service Assistance

Visalia shall provide customer service staff to support the public counter at the Animal Care Center during hours and days that the Center is open. Duties for such customer service staff shall include, but not be limited to, answering telephones, helping citizens to look for lost animals, etc.

1.9 Emergencies and Natural Disasters

In the event of an emergency or natural disaster, Visalia agrees to work with Exeter to provide sheltering services and facilities to assist Exeter in dealing with such incidents.

Visalia may be required to limit services under this Agreement if staffing and animal shelter space become unavailable and shall notify Exeter if they are unable to provide services due to an emergency or natural disaster. Visalia shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, to Exeter, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon by Visalia and Exeter following the conclusion of the emergency or disaster, or at such other time as they may mutually agree.

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Section 2 – LICENSE REVENUE COLLECTION AND REPORTING

Visalia shall be responsible for animal licensing on behalf of Exeter. Visalia will track amounts received and deposit funds received with Exeter on a monthly basis or as otherwise agreed with between Visalia and Exeter.

Exeter shall be responsible for providing Visalia with a schedule of applicable fees and license requirements for Visalia to apply for each fiscal year on or before July 1.

Visalia will be responsible for mailing license bills, following up on licensing leads received from Exeter, assist persons at shelter with licensing questions and paying for their pet licenses.

Visalia shall prepare a monthly report of all licenses issued on behalf of Exeter, expiration dates of licenses, and applicable owner information.

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Section 3 – ANIMAL CONTROL SERVICES

3.1 Field Services – Visalia shall provide the following animal control field services during normal business hours:

a. Respond to calls for service related to alleged violations of the Exeter municipal code or state law pertaining to the care, keeping, treatment, and management of animals.

This includes but is not limited to excessive animal noise complaints, animals running at large, and vicious dog matters within the Exeter. Response time will be dependent on officer availability.

b. Pick-up stray animals that are in violation of applicable municipal ordinances or otherwise subject to impoundment under applicable municipal ordinances.

c. Pick up dead animals for disposal.

d. Pick up and transfer to shelter animals that have been surrendered to Exeter municipal services, or animals that have been captured by Exeter employees for transfer to animal control shelter.

e. Investigate reports of animal bites and pick up animals for quarantine of animals under applicable laws for rabies observation.

f. Investigate reports of rabid animals and attempt to capture such animals and investigate reports of wild animals upon request.

g. Assist in the preparation and filing of administrative, civil, or criminal prosecution of Exeter municipal code ordinances, or as applicable state law.

h. If authorized by Exeter, issue administrative citations for Exeter municipal code violations, and appear at any administrative appeal hearings to support the issuance of the citation. Exeter shall be responsible for prosecution of all matters.

i. Assist with public outreach programs as requested by Exeter, such as public education on animal licensing, spaying or neutering clinics, (including assisting with spaying or neutering domestic animals at low cost) other services, such as encouraging animals to be vaccinated or assisting Exeter with providing low-cost vaccination programs. Visalia agrees that, pending applicable scheduling requirements, it can provide special event services onsite to Exeter or animal control assistance to Exeter staff during special events. Visalia cannot guarantee staff availability to Exeter for any special event but agrees to reasonably work with Exeter so that Visalia staff may be available. If Visalia staff are used at an Exeter special event, then Visalia staff can attend for an additional cost of $250.00 per four hours of staff time, with four hours being the minimum amount charged by Visalia. This amount shall be charged separately from the base services fee by Visalia.

3.2 Emergency Animal Control Services- Visalia shall respond to the following circumstances during normal business hours, or at any time if an emergency call for 100

15 services is forwarded to City of Visalia dispatch requesting animal control field services.

Response time will be dependent on officer availability.

a. Animals posing an active and present threat to public safety, such as potentially rabid animals or animals that have bitten humans.

b. Respond to calls for assistance for animal-related issues from Exeter emergency services.

3.3 Exeter Obligations- Exeter shall be responsible for the following:

a. Provide for the preparation, filing, and prosecution of civil or criminal violations of Exeter municipal codes or state law. Visalia animal control officers will assist with preparation of such documents but it will be the responsibility of Exeter to decide whether to prosecute such cases. Exeter is also solely responsible for defending any administrative citation issued by Visalia personnel on behalf of Exeter that is appealed.

b. If an administrative process is used for citations or vicious dog determinations, then Exeter is solely responsible for the implementation and costs of the administrative appeal process. The responsibilities of Exeter will include, but are not limited to, receiving, and processing appeals, selecting a hearing officer, arranging a space for a hearing, coordinating the dates for the hearing with the hearing officer, appellant, and the Visalia staff that issued the citation, payment of the hearing officer, delivery of the hearing decision, and defense of any appeal of the administrative decision.

c. Provide assistance and support to Visalia animal control officers as necessary to safely and effectively execute the operational requirements of this Agreement.

3.4 Oversight and Inspection of Commercial Kennels and Breeders - Visalia shall enforce any applicable municipal ordinances concerning commercial kennels and animal breeders that apply within Exeter city limits.

3.5 Annual Animal Control Service Reports - Visalia shall provide, on an annual basis, a report reflecting field services provided to Exeter under this Agreement. After providing such report Exeter and Visalia representatives shall meet and confer as necessary to discuss service issues and whether modifications to the scope of services should be made.
101
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0497 Agenda Date: 1/16/2024 Agenda #: 5.

Agenda Item Wording:

City of Farmersville contract Animal Services - Authorize the City Manager to execute an agreement between the City of Visalia and the City of Farmersville to provide animal shelter services at a rate of $211,700 per year and make any additional modifications to this draft agreement.

Deadline for Action: 12/18/2023
Submitting Department: Community Services
Contact Name and Phone Number:

Candace Harrington, 559-713-4682, [email protected] Department Recommendation:

Authorize the City Manager to execute an agreement between the City of Visalia and the City of Farmersville for the purpose of providing animal shelter services, animal control and animal licensing, and make any additional modifications to this draft agreement, for a 1 year period at a rate of $211,700 with four 1-year renewal options, for a maximum of 5 years totaling $1,058,500.

Background Discussion:

In 2016, the City of Visalia took over operation of the Visalia Animal Care Center (VACC). In 2018 entered into a 10-year contract to continue providing shelter services to the City of Farmersville. This agreement allowed for the continued use of the VACC by the City of Farmersville for the shelter of animals and the City’s Animal Control Officers and provided $73,865 in annual revenue for the Animal Services enterprise fund.

The 2018 contract allowed for changes to the fee, however this annual adjustment was never done. A recent analysis of this contract has shown the need to increase the amount being charged for the services that the City of Visalia is providing. This is due to the original contract being underpriced, and not adequately accounting for inflation and increased operational costs. Correction of this situation has required the existing contract to be ended and a new contract negotiated. This new agreement, for an annual fee of $211,700 more accurately captures the cost of the services being provided which include licensing, animal control and sheltering of animals. This is a 1-year agreement with four available 1-year renewals for a maximum of 5 years of animal services being provided to the City of Farmersville. This rate is based on the City of Farmersville bringing in a maximum of 300 animals at a charge of $315 per animal for a total of $94,500. Also included is the cost of supporting the City of Farmersville billing and licensing at $34,600 and the animal control for $82,600 for an overall total of $211,700.

This contract increase is projected to cover increased prices in food, vaccines, medications, veterinary care, cleaning supplies and other shelter necessities which were not taken into account with the original contract. This rate ensures that Farmersville pays for their proportionate share of the Visalia City Council Printed on 4/26/2024Page 1 of 2
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File #: 23-0497 Agenda Date: 1/16/2024 Agenda #: 5.
animal services’ operating cost and animal control services. The proposed contract has been renegotiated with the City of Farmersville and the updated contract parameters and fees for service have been agreed upon to be in line with the cost of services provided.

Fiscal Impact:

Approval of the new contract will result in $211,700 in annual revenue to the Animal Services Enterprise Fund which represents and annual increase of $137,835.

Prior Council Action: November 2, 2018, The Agreement with the City of Farmersville was approved and went into effect.

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

Staff Recommends that Council authorize the City Manager to make any additional modifications to this draft agreement and execute a 1-year Animal Shelter Services Agreement with four 1-year agreements for a maximum of 5 years services to be provided to the City of Farmersville for a maximum contract total of $1,058,500.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Farmersville Animal Services Contract (Attachment A) Visalia City Council Printed on 4/26/2024Page 2 of 2
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1 Animal Control Services Agreement

This AGREEMENT between the City of Visalia (“Visalia”) and the City of Farmersville (“Farmersville”) is hereby effective as of February 1, 2024.

RECITALS

WHEREAS, Farmersville is authorized and empowered to employ contractors and specialists in the performance of its duties and functions; and

WHEREAS, Farmersville has a need for animal shelter services, pursuant to California Health & Safety Code sections 121575, et seq.; and

WHEREAS, Farmersville has a need for a contractor to handle animal shelter services, animal licensing and animal control field services; and

WHEREAS, Visalia will provide these services to meet the Farmersville’s needs on the terms and conditions set forth herein; and

WHEREAS, Visalia and Farmersville previously entered into an agreement for these services on November 2, 2018 and Visalia has provided those services; and

WHEREAS, Parties have agreed to modify and replace the prior agreement with this revised agreement; and

WHEREAS, Parties agree the prior agreement shall expire on January 31, 2024 and shall be replaced with this revised animal control services agreement beginning on February 1, 2024; and

WHEREAS, Farmersville shall pay Visalia all outstanding amounts owed under the prior agreement within thirty days of this new agreement taking effect or as otherwise agreed upon in writing between the Parties.

WHEREAS, Farmersville agrees that it will consider an ordinance that mandates the spaying or neutering of animals, unless the health or age of an animal would prevent alteration, as a con dition of being released from an animal shelter. Farmersville shall consider such an ordinance within sixty days of this Agreement being signed. If Farmersville adopts such a requirement, then it will notify Visalia so that it will be implemented for the r elease of animals being held for Farmersville residents. If Farmersville does not adopt this ordinance, then Visalia may terminate this Agreement on ten days written notice to Farmersville.

NOW, THEREFORE, it is mutually understood and agreed as follows:

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2 ARTICLE 1 - COMPLETE AGREEMENT

This Agreement, including the recitals stated above which are incorporated herein by reference, and the attachments and documents incorporated herein constitute the complete and exclusive statement of the terms of the Agreement between Visalia and Farmersville and it supersedes all prior representations, understanding and communications. The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of other provisions.

ARTICLE 2 –STANDARD OF CARE

The standard of care with respect to Visalia’s services hereunder will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality and under the same or similar circumstances.

ARTICLE 3 - INDEPENDENT CONTRACTOR

Visalia relationship to Farmersville in its performance of this Agreement is that o f an independent contractor. Visalia may, at it’s own expense, use employees or subcontractors as Visalia deems necessary to perform the services required under this Agreement. The personnel performing services under this Agreement shall at all times be under Visalia’s exclusive direction and control and shall be employees or subcontractors of Visalia and not employees of Farmersville.

Visalia shall pay all wages, salaries, and other amounts due its employees , or subcontractors in connection with the performance of this Agreement and shall be responsible for all reports and obligations respecting them, suc h as social security, income tax withholding, unemployment compensation, workers compensation insurance, and similar matters. The personnel performing services under this Agreement shall not be entitled to the rights or benefits afforded to Farmersville employees, including disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, or any other Farmersville employment benefit.

The relationship between Visalia and Farmersville is non-exclusive. Visalia may perform services for, and contract with other clients, persons, or companies.

ARTICLE 4 – DUTIES AND SCOPE OF WORK

4.1 Scope of Work. Subject only to the general policies and direction of Farmersville with regard to animal control operations, and t o the provisions and requirements of this Agreement, Visalia shall do all things necessary to provide animal control services, animal shelter services and animal licensing services for Farmersville. This includes providing space at the Visalia Animal Care Center for sheltering animals from Farmersville. As stated in Exhibit “A” Visalia will designate a specific space in the Animal Care Center for animals from Farmersville.

4.2 Handling of Animals Brought by Farmersville. As described specifically in Exhibit A (Scope of Work), Visalia shall be deemed to be acting on behalf of 105

3 Farmersville in the capacity of providing animal shelters and any animals sent by Farmersville to the animal shelter owned and operated by Visalia shall be deemed to be held in the custody of Farmersville. Visalia shall hold the animals for the time period required by state law, plus an additional two-day period. After the state mandated hold period plus two days, the animals will be humanely euthanized at Farmersville expense or, if Farmersville directs Visalia in writing to continue holding an animal after these time periods, then Visalia shall continue to hold the animal on behalf of Farmersville and the animal will remain the property of and deemed in the custody of Farmersville until Visalia receives further direction as to the handling of the animal from Farmersville. As stated in more detail in Exhibit “A” Visalia will begin charging Farmersville costs incurred by Visalia after holding an animal for seven days. These charges will be billed separately from the base services stated in Article 7 of this Agreement.

In no event shall an animal that has been determined to be vicious under the Farmersville Municipal Code be released to Visalia unless such determination is overturned on appeal.

4.3 Adherence to Legal Standards. Visalia shall be solely responsible for ensuring that all animal shelter services provided hereunder are provided in strict conformance with all laws and statutes relating to the humane treatment of animals and safe handling of animals under applicable state and local statutes, ordinances, and regulations.

Visalia and Farmersville agree to cooperate over municipal code enforcement by Visalia on behalf of Farmersville. Farmersville acknowledges that it has implemented changes to its municipal code violations to allow Visalia personnel, acting under the scope of this Agreement as animal control officers for Farmersville, to issue citations for Farmersville municipal code violations.

Parties acknowledge that each maintains separate municipal ordinances regarding animals and agree that they shall cooperate in modifying their ordinances to be consistent on what constitutes violations for items such as defining excess noise by animals, vicious dogs, impounding animals, commercial kennel requirements, leash regulations, and licensing requirements. Parties acknowledge that this section recognizes each agency is solely responsible for determining its applicable municipal ordinances and that each may implement separate rules on specific issues. This Agreement is not intended to require either agency to have the same requirements for all animals within its jurisdiction.

4.4 Applicable Charges Collected on Behalf of Farmersville. Farmersville will provide Visalia with a list of applicable charges, such as licensing fees, that Visalia is to collect on behalf of Farmersville. These amounts will be separately accounted for and paid to Farmersville monthly with an accounting of each amount charged on behalf of Farmersville. Parties agree that this rate of applicable charges may be adjusted by Farmersville. Farmersville shall provide the revised list of applicable charges to Visalia at least thirty days prior to the date upon which it shall become effective.

ARTICLE 5 - CHANGES IN SCOPE OF WORK; AMENDMENT

It is understood and agreed by Visalia and Farmersville that it may be necessary, from time to time during the term of this Agreement, to modify its provisions or to revise the 106

4 scope and/or extent of Visalia work under this Agreement for the operation and maintenance of the animal control operations. In each such inst ance, Visalia and Farmersville shall consult with each other and shall come to a mutually acceptable agreement as to the nature of the required modification or revision desired.

ARTICLE 6 - TERM OF AGREEMENT

This Agreement shall become effective February 1st, 2024 and shall continue in full force and effect through January 31, 2025

After this term this Agreement may be renewed for up to four additional one-year (twelve month) terms. Parties agree that each of these one -year extensions shall begin automatically unless a party notifies the other of non-renewal within sixty days prior to the expiration of then current term, unless earlier terminated as herein provided. Parties may agree in a writing signed by both Parties to further extend the term of this Agreement.

ARTICLE 7 - COMPENSATION

For the base services performed pursuant to this Agreement, which are described in Exhibit “A” Farmersville agrees to pay, and Visalia agrees to accept, as payment in full an annual contract amount of $211,700.00. Farmersville has agreed to pay this amount annually in twelve equal monthly installments of $17,641.67 beginning on the effective date of this Agreement. Payment of each monthly installment shall be due on the 1 st of each month and must be received by the 20th day of each month or a late fee of $250.00 shall be charged to Farmersville in addition to the amount owed . If payment is not received, then Farmersville will be in breach of this Agreement and Visalia may terminate the Agreement on fifteen (15) days written notice to Farmersville if the breach is not cured prior to termination.

Upon the anniversary of the effective date of this agreement, Parties agree that all fees in this agreement will be increased by the annual CPI rate. The CPI rate is calculated using the most recent twelve-month period closest to the anniversary date of t he agreement. For purposes of this section CPI means the United States Department of Labor, Consumer Price Index for All Urban Consumers, US City Average, All items , unadjusted index, or if such index is no longer published, a successor or substitute index designated by Visalia, that tracks changes in consumer prices in this area.

In addition to the base services performed pursuant to this Agreement, Visali a shall bill Farmersville for additional identified specific costs in addition to the base services. These specific costs include the following:

 The costs of euthanizing animals.
 The costs of Visalia providing staff to Farmersville for special events , as requested by Farmersville.
 Cost recovery fee for animals received at Visalia animal shelter after operating hours.
 Cost incurred by Visalia after holding an animal for more than seven days as specified in Exhibit “A”.

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5 Visalia will charge Farmersville for the costs incurred by Visalia in providing these additional services. These amounts shall be recorded and invoiced within thirty days from being incurred by Visalia with a description of the item incurring the costs. Payment is due by Farmersville within thirty days of being invoiced by Visalia. A late payment penalty fee of $250.00 shall be charged to Farmersville if the payment is not made within this time period. Included in Exhibit “A” to this Agreement is a description of these services, that if provided by Visalia, will be separately charged to Farmersville in addition to the annual fee for base services.

ARTICLE 8 - INSURANCE

With respect to performance of work under this Agreement, Visalia agrees to maintain adequate self-insurance. If Visalia utilizes subcontractors to perform any duties required by Visalia under this Agreement , then it shall require its subcontractors to maintain insurance as described below and shall name Farmersville as additional insurance:

A. Workers’ compensation insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident.

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

Evidence of insurance, or self-insurance by Visalia, will be made available to Farmersville upon request.

Farmersville must provide proof of insurance coverage for any Farmersville employee or subcontractor that delivers or receives animals to or from Visalia under this Agreement.

Farmersville agrees to p rovide Visalia with proof of insurance that names Visalia as additional insured and indicates that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with the insurance provided . Farmersville agrees that this insurance may be in the form of self-insurance or insurance policies that meet or exceeds the coverage requirements stated above for any subcontractors used by Visalia, and in addition since Farmersville staff or subcontractors would be utilizing vehicles , Farmersville shall provide proof of comprehensive automobile liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence.

Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

ARTICLE 9 - INDEMNIFICATION

Visalia hereby agrees to indemnify and hold Farmersville and its officers, agents, employees and assigns harmless from any liability imposed for injury (as defined by Government Code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to any act or omission, including strict liabi lity or negligence of Visalia , or of anyone acting under 108

6 Visalia’s direction or control or on its behalf, in connection with or incident to, or arising out of the performance of this contract.

Farmersville hereby agrees to indemnify and hold Visalia and its officers, agents, employees and assigns harmless from any liability imposed for injury (as defined by Government Code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to any act or omission, including strict liability or negligence of Farmersville, or of anyone acting under Farmersville’s direction or control or on its behalf, in connection with or in cident to, or arising out of the performance of this contract.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remainin g terms of this indemnity and hold harmless provision may be within public policy and enforceable.

ARTICLE 10 - TERMINATION

This Agreement may be terminated by either Visalia or Farmersville in whole or in part, at any time by ninety days written notice from one party to the other.

ARTICLE 11 – EMPLOYMENT REGULATIONS

All services performed by Visalia pursuant to this Agreement shall be performed in accordance and full compliance with all applicable state and fede ral laws relating to employment including but not limited to the Fair Labor Standards act, Fair Employment Practices, Equal Opportunity Employment Act and all other applicable Federal and State laws and regulations regarding employment and immigration, inc luding nondiscrimination, compensation, taxation, etc.

Visalia agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, sexual orientation, age, or disability.

ARTICLE 12 – CONFLICT OF INTEREST

Visalia covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of service required to be performed under this Agreement.

ARTICLE 13 – AUDIT; RETENTION OF RECORDS|

Visalia shall allow the authorized representatives of Farmersville to inspect and audit all data and records of Visalia relating to performance under this Agreement. Such audit shall be allowed upon reasonable notice of Farmersville. Further, Visalia shall maintain all required records for three (3) years after final payment under this Agreement and until all other pending matters are closed.

ARTICLE 14 – ACCESS TO RECORDS
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7 Visalia agrees to provide Farmersville or any of their authorized representatives access to any books, documents, papers, and records of Visalia, which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts , and transcriptions.

Visalia agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

ARTICLE 15 – ATTORNEY’S FEES

In the event it is necessary to institute litigation to enforce any of the terms and conditions of this Agreement, the prevailing party in any such litigation shall be entitled to an award of reasonable attorney’s fees and costs incurred therein, as determined by the court.

ARTICLE 16 – NOTICE

All notices hereunder and communicati ons with respect to this Agreement shall be effected upon the mailing thereof of registered or certified mail return receipt requested and addressed as follows:

FOR Visalia: FOR Farmersville:

Animal Services Manager Jennifer Gomez, City Manager
29016 Highway 99 909 W. Visalia Road
Visalia, CA93277 Farmersville, CA 93223

ARTICLE 17 – MODIFICATIONS

Modifications to this Agreement shall be in writing signed by both parties, unless explicitly indicated otherwise herein.

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8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.

CITY OF VISALIA CITY OF FARMERSVILLE

____________________________ ___________________________

Approved as to Form Approved as to Form

____________________________ ____________________________ City Attorney City Attorney

____________________________
Risk Manager

Exhibits:

A: SCOPE OF WORK
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9 EXHIBIT “A”

SCOPE OF WORK

SECTION 1 - SHELTERING

Visalia also referred to as “CONTRACTOR” shall perform the duties and accept the responsibilities set forth below in connection with its operation of animal sheltering services. It is the intent of the parties that Visalia shall provide all necessary services to shelter and care for animals delivered by or on behalf of Farmersville to Visalia.

1.1 Sheltering - General

Visalia shall provide Farmersville with animal care for the legally required holding periods, including Stray Hold, Current License and Microchip/Notice of Impound, Protective Custody, Vicious Hold, and Quarantine as required pursuant to Food & Agriculture Code Sections 17006 & Sections 30501-32003 and applicable City of Farmersville Municipal Code provisions, as provided to Visalia by Farmersville.

Below is a list of applicable required holding periods, after each of these holding periods there shall be an additional two-day holding period that the animal shall remain the property of Farmersville and during which time Visalia shall determine whether the animal shall be euthanized at the expense of Farmersville or if Farmersville will direct Visalia to retain the animal for an additional period. Farmersville may instruct Visalia, in writing, to hold an animal after these designated time periods and in these instances the animal will remain the property of Farmersville and held under this Agreement until Farmersville provides alternative instructions to Visalia.

If Visalia euthanizes an animal at the expense of Farmersville, then it shall track the date and cost. Visalia shall bill Farmersville within thirty days of the animal being euthanized. This amount shall be charged separately from the base services fee by Visalia.

Description Duration
Stray Hold Four (4) business days, (not counting the day received) .

Current
License &
Microchip
Notice of
Impound
Six (6) business days, (not counting the day received).

Protective
Custody
Fourteen (14) consecutive days, (not counting the day received) Vicious Hold Thirty (30) consecutive days, (not counting the day received). Hold may be extended pending legal appeals. Any animal that has been determined to be vicious shall be humanely euthanized following exhaustion of any appeal period and shall in no circumstances be released to CONTRACTOR. In the event a vicious determination has been reversed on appeal of the animal owner, subject to a probationary period or 112

10 otherwise, the animal shall be returned to the property owner and shall not become the property of the CONTRACTOR.

Quarantine Ten (10) consecutive days, (not counting the day received)

The above hold periods are subject to change based on legal requirements. Business days are Monday through Friday.

Visalia shall bill Farmersville the applicable daily charge from the Visalia rates and fees for holding an animal after an animal has been held for more than seven days. This amount shall be charged separately from the base services fee by Visalia.

1.2 Sick and Injured

Visalia shall provide sick and injured animal care, required vaccinations (DHPP for dogs and FVRCP for cats), microchip implanting of animals redeemed by their owners, and dead animal disposal services pursuant to Penal Code Sections 597f and 597.1.

Sick and injured animal care includes any veterinary cost incurred, or veterinary medications prescribed for animal care for administration, during the mandated holding period; no additional compensation shall be provided by Farmersville for such costs.

Visalia will be responsible for ascertaining the basic humane treatment needed.

1.3 Jurisdiction

Visalia shall house animals brought into the shelter by the Farmersville’s residents or Farmersville employees, contractors, or agents, providing animal control services.

1.4 Reporting

Visalia shall submit a Monthly report, by the 20th of the following month, which shall include Farmersville animal intake and disposition numbers, specifically listing protective custody, vicious & quarantine holds. Intake and Disposition totals shall list number of animals in each stray hold category. The Monthly Report shall also include a record of all training for ACO’s and any vicious dog hearings attended.

1.5 Shelter/Performance Standards

Visalia shall take reasonable steps to provide temporary care for wild animals and fowl that come into its custody from Farmersville and will attempt to transfer custody of wild animals and fowl to a wildlife care facility or other suitable facility for treatment and rehabilitation. If transfer is not possible, then Visalia will humanely euthanize the animal and charge Farmersville the standard euthanasia fee.

Visalia shall maintain suitable office hours at the animal shelter for the convenience of the public and for any other purpose under the Agreement.

Farmersville employees, performing official functions at the shelter, shall be granted access to animal shelter when Visalia staff are working at the facility. If Farmersville requires access when it is not during normal Visalia operating hours, Visalia shall 113

11 charge a flat fee of $200.00 to Farmersville. This amount shall be charged separately from the base services fee by Visalia.

Visalia may appoint competent and qualified agents for the carrying out of responsibilities under this Agreement.

1.6 Impounding and Sheltering

Visalia shall provide all necessary food, water, shelter and give all basic care and attention to such animals and fowl while they are in the Visalia’s possession and until adopted, placed or otherwise humanely euthanized and disposed of in accordance with federal, state, or local law.

Visalia shall fully cooperate with the Tulare County Health Department by following procedures required by applicable state or local quarantine codes concerning persons or animals bitten by an animal in the City of Farmersville

All animals licensed, redeemed, or adopted at the shelter or clinic shall be micro- chipped.

Owners of animals shall be responsible for and separately charged by Farmersville for all shelter fees incurred in the impoundment, including, but not limited to: boarding, vaccinations, quarantine & protective custody fees. As stated in Section 2, Visalia will bill these amounts on behalf of Farmersville based on the applicable list of fees provided by Farmersville.

1.7 Service Standards

Visalia shall be responsible for the employment and supervision of all employees necessary to perform animal sheltering operations.

Visalia shall communicate customer care standards and animal care standards to all employees at the time of hire and as part of an ongoing coaching/training program.

Those standards include professionalism, fairness, objectivity, respect and compassionate animal care.

Visalia shall comply with applicable State and federal employment laws, including Section 1735 of the California Labor Code and Title VI of the Civil Rights Act of 1964, as amended.

Nothing in this section shall be construed by either Visalia or Farmersville to be in conflict with the language and intent of Article 4, entitled “Independent Contractor,” of the AGREEMENT of which this Scope of Work is a part.

The maximum number of animals Visalia can take by Farmersville is limited to 400 animals. If this amount is exceeded, then Visalia will notify Farmersville. After this capacity is reached, then Visalia will only accept animals from Farmersville if there is space and capacity at the animal shelter but an additional charge of $315.00 per animal will be applied in such instances.
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12 1.8 Animal Care Center Customer Service Assistance

Visalia shall provide customer service staff to support the public counter at the Animal Care Center during hours and days that the Center is open. Duties for such customer service staff shall include, but not be limited to, answering telephones, helping citizens to look for lost animals, etc.

1.9 Emergencies and Natural Disasters

In the event of an emergency or natural disaster, Visalia agrees to work with Farmersville to provide sheltering services and facilities to assist Farmersville in dealing with such incidents. Visalia may be required to limit services under this Agreement if staffing and animal shelter space become unavailable and shall notify Farmersville if they are unable to provide services due to an emergency or natural disaster. Visalia shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, to Farmersville, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon by Visalia and Farmersville following the conclusion of the emergency or disaster, or at such other time as they may mutually agree.

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13 Section 2 – LICENSE REVENUE COLLECTION AND REPORTING

Visalia shall be responsible for animal licensing on behalf of Farmersville. Visalia will track amounts received and deposit funds received with Farmersville on a monthly basis or as otherwise agreed with between Visalia and Farmersville.

Farmersville shall be responsible for providing Visalia with a schedule of applicable fees and license requirements for Visalia to apply for each fiscal year on or before July 1.

Visalia will be responsible for mailing license bills, following up on licensing leads received from Farmersville, assist persons at shelter with licensing questions and paying for their pet licenses.

Visalia shall prepare a monthly report of all licenses issued on behalf of Farmersville, expiration dates of licenses, and applicable owner information.

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14 Section 3 – ANIMAL CONTROL SERVICES

3.1 Field Services – Visalia shall provide the following animal control field services during normal business hours:

a. Respond to calls for service related to alleged violations of the Farmersville municipal code or state law pertaining to the care, keeping, treatment, and management of animals. This includes but is not limited to excessive animal noise complaints, animals running at large, and vicious dog matters within the Farmersville. Response time will be dependent on officer availability.

b. Pick-up stray animals that are in violation of applicable municipal ordinances or otherwise subject to impoundment under applicable municipal ordinances.

c. Pick up dead animals for disposal.

d. Pick up and transfer to shelter animals that have been surrendered to Farmersville municipal services, or animals that have been captured by Farmersville employees for transfer to animal control shelter.

e. Investigate reports of animal bites and pick up animals for quarantine of animals under applicable laws for rabies observation.

f. Investigate reports of rabid animals and attempt to capture such animals and investigate reports of wild animals upon request.

g. Assist in the preparation and filing of administrative, civil, or criminal prosecution of Farmersville municipal code ordinances, or as applicable state law.

h. If authorized by Farmersville, issue administrative citations for Farmersville municipal code violations, and appear at any administrative appeal hearings to support the issuance of the citation. Farmersville shall be responsible for prosecution of all matters.

i. Assist with public outreach programs as requested by Farmersville, such as public education on animal licensing, spaying or neutering clinics, (including assisting with spaying or neutering domestic animals at low cost) other services, such as encouraging animals to be vaccinated or assisting Farmersville with providing low-cost vaccination programs. Visalia agrees that, pending applicable scheduling requirements, it can provide special event services onsite to Farmersville or animal control assistance to Farmersville staff during special events. Visalia cannot guarantee staff availability to Farmersville for any special event but agrees to reasonably work with Farmersville so that Visalia staff may be available. If Visalia staff are used at a Farmersville special event, then Visalia staff can attend for an additional cost of $250.00 per four hours of staff time, with four hours being the minimum amount charged by Visalia. This amount shall be charged separately from the base services fee by Visalia.

3.2 Emergency Animal Control Services- Visalia shall respond to the following circumstances during normal business hours, or at any time if an emergency call for 117

15 services is forwarded to City of Visalia dispatch requesting animal control field services.

Response time will be dependent on officer availability.

a. Animals posing an active and present threat to public safety, such as potentially rabid animals or animals that have bitten humans.

b. Respond to calls for assistance for animal-related issues from Farmersville emergency services.

3.3 Farmersville Obligations- Farmersville shall be responsible for the following:

a. Provide for the preparation, filing, and prosecution of civil or criminal violations of Farmersville municipal codes or state law. Visalia animal control officers will assist with preparation of such documents but it will be the responsibility of Farmersville to decide whether to prosecute such cases. Farmersville is also solely responsible for defending any administrative citation issued by Visalia personnel on behalf of Farmersville that is appealed.

b. If an administrative process is used for citations or vicious dog determinations, then Farmersville is solely responsible for the implementation and costs of the administrative appeal process. The responsibilities of Farmersville will include, but are not limited to, receiving, and processing appeals, selecting a hearing officer, arranging a space for a hearing, coordinating the dates for the hearing with the hearing officer, appellant, and the Visalia staff that issued the citation, payment of the hearing officer, delivery of the hearing decision, and defense of any appeal of the administrative decision.

c. Provide assistance and support to Visalia animal control officers as necessary to safely and effectively execute the operational requirements of this Agreement.

3.4 Oversight and Inspection of Commercial Kennels and Breeders - Visalia shall enforce any applicable municipal ordinances concerning commercial kennels and animal breeders that apply within Farmersville city limits.

3.5 Annual Animal Control Service Reports - Visalia shall provide, on an annual basis, a report reflecting field services provided to Farmersville under this Agreement.

After providing such report Farmersville and Visalia representatives shall meet and confer as necessary to discuss service issues and whether modifications to the scope of services should be made.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0506 Agenda Date: 1/16/2024 Agenda #: 6.

Agenda Item Wording:

Authorization to execute a lease agreement with the Arts Consortium for use of the Oval Park Service Center building at 808 N. Court.

Deadline for Action: 1/16/2024
Submitting Department: Community Services
Contact Name and Phone Number: Kelli Kincaid 713-4042
Department Recommendation: That Council authorize staff to execute a lease agreement between the Arts Consortium and the City of Visalia for the use of the Oval Service Center at Lincoln Oval Park for Arts Consortium programming and to serve as the Arts Consortium’s Special Programming location. The proposed rent is $225 per month and the Arts Consortium would be responsible for all utilities and minor maintenance issues. The lease is being proposed as two (2) years commencing January 1, 2024, and ending December 31, 2025. The Art Consortium shall have the option to renew this agreement for one (1) additional year, so the total term of the lease,with the extension, would be three (3) years.

Background Discussion:

The City owns the Oval Service Center at 808 N. Court. The Service Center was last used in 2023 by the Arts Consortium. The proposed rent is $225 per month and the Arts Consortium will be responsible for all utilities and any minor maintenance issues. The city would be responsible for repairing or replacing the Center’s structural elements, electrical, plumbing and mechanical systems, including heating and cooling systems should any issues arise.

The Arts Consortium needs a location for a special program called the Oval Gallery and will be the responsible tenant and provide arts programming. The lease is being proposed as a two (2) years lease, commencing January 1, 2024, and ending December 31, 2025. The Art Consortium shall have the option to renew this agreement for one (1) additional year, so the total term of the lease, with the extension, would be three (3) years.

Fiscal Impact:
$225 per month in lease revenue to the Parks Division and all utilities paid.

Prior Council Action: 9.7.21 - authorized annual lease with Art Consortium at the Oval Service Center
Visalia City Council Printed on 4/26/2024Page 1 of 2
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File #: 23-0506 Agenda Date: 1/16/2024 Agenda #: 6.

Other: N/A
Alternatives: Do not authorize the lease agreement and direct staff to identify alternative locations for the Arts Consortium
Recommended Motion (and Alternative Motions if expected):

Move to authorize staff to execute a lease agreement with the Arts Consortium for use of the Oval Service Center building in an amount of $225 per month with all utilities paid by the Arts Consortium.

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Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Arts Consortium lease agreement
Visalia City Council Printed on 4/26/2024Page 2 of 2
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Lease Agreement Between
Arts Consortium and the City of Visalia for the
Lincoln Oval Park Service Building

THIS LEASE AGREEMENT (hereinafter "Agreement" or "Lease") is made and effective ________________, by and between the CITY OF VISALIA, a Municipal C orporation and charter law city of the State of California (hereinafter "CITY"), and ARTS CONSORTIUM, (hereinafter "CONSORTIUM"). CITY and CONSORTIUM may be individually referred to herein as a "Party" and may be collectively referred to herein as the "Parties."

RECITALS

WHEREAS CITY owns the building and appurtenances located within the boundaries of the CITY'S Lincoln Oval Park (hereinafter the "Park"); and

WHEREAS the building in the Park is located at 808 North Court Street, and is known as the Oval Park Service Center Building (hereafter "Center"); and

WHEREAS CONSORTIUM desires to lease the Center for the operation of the “Oval Gallery”; and

WHEREAS the purpose of this Agreement is to document the terms and conditions under which CONSORTIUM will lease the Center.

NOW, THEREFORE, for the consideration described herein and performance of the covenants to be performed by the CITY and CONSORTIUM pursuant to this agreement, CITY agrees to lease the Center to CONSORTIUM, and CONSORTIUM agrees to lease the Center from the CITY, on the terms and conditions set forth as follows:

1. PREMISES. Except as otherwise provided in this Agreement, reference to the "Leased Premises" shall be to the Center, identified herein as the building located in the Park with a street address of 808 North Court Street. The Leased Premises shall consist of the Center building and appurtenances thereto, including any improvements now or hereafter located on or within the Leased Premises, without regard as to whether ownership of the improvements is in the CITY or CONSORTIUM.

See Section 5 of this Agreement concerning the use of the adjacent Oval Park facilities. Parties acknowledge that while these adjacent park facilities, such as the children's playground, picnic areas, and the covered arbor, are available for use they are not considered part of this Lease Agreement.

2. RENT. CONSORTIUM agrees to pay rent monthly at the rate of $225 per month.

Rent shall be due by the fifth day of each month during the term of this lease.

This amount shall be considered the Rent Amount. Upon the annual anniversary of the Effective Date, the Lessor may increase the Rent Amount for the following annual period up to the annual percentage increase, if any, in the California 121

Consumer Price Index for All Urban Consumers ("CPI Increase”) for the prior year.

If this index is discontinued, then any successor Index of the United States Bureau of Labor Statistics, or successor agency thereto, shall be used. If there is no successor Index, the Parties agree to substitute an alternative index formula. If the CPI Increase is a decrease, then the applicable Rent Amount for the subsequent annual period shall remain unchanged. The City shall notify Lessee of any changes at least thirty (30) days prior to modifying the Rent Amount.

3. TERM OF AGREEMENT. The term of this Agreement is two (2) years commencing January 1, 2024, and ending December 31, 2025. Subject to negotiation of mutually agreeable terms and conditions, Consortium shall have the option to renew this agreement for one (1) additional year, so the total term of the lea se, with the extension, would be three (3) years. To terminate tenancy either Party must give the other party a written 90 -day notice of Lease non -renewal. If CONSORITUM plans to terminate on or after the first (1st) day of payment for a given month, the rent shall be pro-rated accordingly.

4. TERMINATION.

a. Either Party shall have the right to terminate this Agreement based on the other's failure to comply with the terms , covenants and requirements contained herein. Prior to termination, the non-breaching Party shall provide written notice in accordance with the notice provisions of Section 13 herein to the other Party identifying the breach and providing for thirty (30) calendar days for the breaching party to cure. If the breaching Party has not cured the breach within thirty (30) calendar days from the date notice was completed pursuant to the notice provisions of Section 13, the non-breaching Party may terminate the Agreement by providing the breaching Party with written notice of termination in accordance with the notice provisions of Section 1 3 herein, and therein specifying the effective date of the termination.

b. If the Center shall be partly or completely destroyed by fire or other casualty, the CITY shall not be required to repair same and may elect not to rebuild the Center, or any portion thereof, and may terminate this Agreement by delivering notice of such election to CONSORTIUM in accordance with the notice provisions of Section 1 3 within six (6) months of the occurrence of such destruction.

c. Upon the termination of this Agreement, CONSORTIUM shall surrender possession of the Center to the CITY and shall, at the time of surrender, leave the Center in as good order and condition as said Center was at the inception of this Agreement, ordinary wear and tear, and damage by the elements, fire, earthquak e, flood, act of God, or public calamity, excepted. Upon surrender of the Center, CONSORTIUM shall not be entitled to relocation expenses under any circumstances.

5. PARK GROUNDS AND FACILITIES. CITY hereby permits CONSORTIUM to use the Park 122

grounds surrounding the Center in furtherance of the services and programs it will conduct at the Center pursuant to the terms and conditions of this Agreement. CONSORTIUM's use of the Park shall be non -exclusive, shall be coordinated with the Parks and Recreation Department as stated below.

Maintenance of the Park shall be the sole responsibility of the CITY.

CONSORTIUM acknowledges the Oval Park facilities are open to the public, and not available for exclusive use by CONSORTIUM unless it contacts the Visalia Parks and Recreation Department and separately reserves a section of the park area for exclusive use. Such reservations may be subject to separate fees that are governed by applicable Visalia Parks and Recreation Department park usage fee requirements and not this Lease Agreement. CONSORTIUM acknowledges that the hours of the adjacent Oval Park facilities are 8:00 a.m. - 8:00 p.m. during the summer season and 8:00 a.m. - 6:00 p.m. during the winter season, these changes in operational hours coincide with daylight savings time. The Oval Park facilities are available for use after these hours, but usage must be scheduled in advance with the City Parks and Recreation Department.

CITY acknowledges that the Center hours shall be controlled by CONSORTIUM during the term of this lease and are not subject to the same operating hours as the Oval Park facilities.

6. MODIFICATIONS TO CENTER.

a. CONSORTIUM agrees that any alterations to the interior of the building cannot be completed without the written approval of the CITY and any modifications made without CITY approval must be removed at CONSORTIUM's expense upon request by the CITY. CONSORTIU M also acknowledges that CITY may include as a condition for permission to alter the Center that CONSORTIUM remove the alteration prior to termination of this Lea se.

b. CONSORTIUM shall require all contractors who perform work on the Center to provide evidence of general liability insurance and workers compensation insurance in a manner that is consistent with CITY policy regarding contracts for work on CITY owned property, as shall be determined by CITY.

c. CONSORTIUM acknowledges that the subject premises have not been issued a disability access inspection certificate as described in Civil Code section 55.53. A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, state law prohibits a property owner from prohibiting a lessee or tenant from obta ining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or 123

tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of con struction- related acces sibility standard s within the premises.

d. Upon expiration of the term of this Agreement, unless expressly reserved to CONSORTIUM by the Parties prior to installation, modifications to the Center constructed by CONSORTIUM shall become the sole property of the CITY unless the CITY requested CONSORTIUM remove such modifications to the Center prior to termination.

7. CONSORTIUM USE OF CENTER. CONSORTIUM covenants and agrees to:

a. Prior to taking possession of the Center, CONSORTIUM shall submit for approval by CITY a statement of operations for the Center, which addresses, among other things, hours of operation, staffing of the Center, security for the Center, 24 -hour emergency contact, and other items pertinent to CONSORTIUM'S use of the Center (hereinafter "Operational Statement"). CONSORTIUM may amend the Operational Statement from time to time as circumstances dictate.

b. Any signage installed by CONSORTIUM on the Center must comply with Visalia Municipal Code Chapter 17.48 - Signs. CONSORTIUM is solely responsible for the costs to install and maintain any signs it installs.

c. During the term of this Agreement, CONSORTIUM shall keep and maintain said Premises in as good order, condition and repair as reasonable use and wear thereof will permit. CONSORTIUM shall be responsible for all maintenance and preventative maintenance including janitorial services, window washing , all window and glass replacements, and pest control. The CITY shall be responsible for any structural damage. CITY represents that when the CONSORTIUM takes possession of the Premises, all plumbing and electrical will be in good working condition. At the end of the term, or on the sooner termination of this Lease, CONSORTIUM shall quit, and surrender said Premises to CITY in as good order, condition and repair as reasonable use and wear thereof will permit, damage by the elements excepted.

d. CONSORTIUM shall also establish and be solely responsible for the payment of all public utilities provided to the Center, including but not limited to water, gas, electricity, alarm contract, fire extinguisher maintenance and garbage removal service.

e. CONSORTIUM will be responsible for all major repairs (such as electrical, plumbing, or mechanical systems, including heating and cooling systems). If the premises are uninhabitable as the result of the CONSORTIUM determining to terminate rather than complete any 124

required repairs, CONSORTIUM shall provide written notice in accordance with Section 4 herein, by providing written notice of termination in accordance with the notice provisions of Section 1 3 herein, and therein specifying the effective date of the termination. f.

8. INSPECTIONS.

a. At the commencement of this Agreement, CONSORTIUM and CITY shall perform a walk -through of the Center to determine condition of facility at inception of this Agreement.

b. CITY shall have access to inspect the Center during CONSORTIUM'S approved hours of operation. CITY shall have access to inspect the Center at all other times by providing 24 hours’ notice to CONSORTIUM.

9. INSURANCE.

a. Required Policies: CONSORTIUM agrees to provide evidence of insurance coverage, through specific policies or proof of adequate self -insurance, for the following coverage:

i. Worker's Compensation as required by law.

ii. Commercial General Liability and Property Damage: Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include products/completed operations liability, owners and contractor's protective, blanket contractual liability, personal injury liability, and broad form property damage coverage.

b. Additional Insured: The General Liability/ Property Damage policies shall:
i. Name CITY, its appointed and elected officials, officers, employees, and agents as additional insureds.

ii. Be primary with respect to any insurance or self -insurance programs maintained by CITY.

iii. Shall apply separately to each insured against whom claims are made or suit is brought, except with respect to limits of the insurer's liability.

iv. Contain standard cross-liability provisions.

c. Each required policy shall provide that such insurance shall not be materially changed, terminated, or allowed to expire except on thirty (30) days prior written notice to CITY.
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d. Each required policy shall be endorsed to include a waiver of subrogation against the CITY, it s officers, officials, agents, and employees.

e. This insurance shall be maintained during the Term of this Agreement until the Term expires if an occurrence policy form is used. If a claims- made policy is used, coverage shall be maintained during the Agreement Term and for a period extending five (5) years beyond the Agreement Term. CONSORTIUM shall replace such certificates for policies expiring prior to the expiration of the Term of this Agreement and shall continue to furnish certificates five (5) years beyond the Agreement Term, when CONSORTIUM utilizes claims-made form(s).

f. If CONSORTIUM for any reason fails to maintain insurance coverage which is required pursuant to this Agreement; the same shall be deemed a material breach of this Agreement.

10. INDEMNIFICATION. Each party agrees to indemnify, defend, and hold harmless the other party and its respective agents, officers, and employees from and against any and all claims, demands, lawsuits or other proceedings, bodily injury, property damages, personal injury, and other liabilities and damages, including reasonable attorneys' fees, arising out of the indemnifying party' s alleged or actual omission, act or negligence, in the performance or failure to perform its obligations under this Agreement. The indemnity, defense, and hold harmless obligations set forth herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence, in the performance or failure to perform its obligations under this Agreement that occurred during the term of this Agreement.

11. NO PARTNERSHIP OR JOINT VENTURE. Nothing in this Agreement shall be construed to render CITY in any way or purpose a partner, joint venture, or associate in any relationship with CONSORTIUM other than that of lessor and lessee, nor shall this Agreement be construed to authorize either party to act as agent for the other Party.

12. NON-DISCRIMINATION. CONSORTIUM shall not discriminate in provision of programs and services hereunder on the basis of race, color, national origin, ancestry, gender, disability, religion, or political affiliation.

13. NOTICES. Any notice, demand, or communication required or permitted to be given by the terms of this Agreement, or by any law, may be given by either party by depositing said notice, demand, or communication in the U.S. Mail, postage prepaid, addressed to the other at the party's address or any new address provided by such party in writing to the other. Service of said notice, demand, or communication shall be complete five (5) calendar days after deposit of said notice, demand, or communication in the mail.

Notices and communication concerning this Agreement shall be sent to the 126

following addresses:

CITY CONSORTIUM
City of Visalia Arts Consortium
220 N. Santa Fe Street PO BOX 2696
Visalia, CA 93292 Visalia, CA 93279-2696
Attn: Community Services Director Attn: Executive Director

Either party may, by notice to the other party, change the address specified above. Service of notice of change of address shall be complete when received at the designated address.

14. MISCELLANEOUS PROVISIONS.

a. Authority: CITY and CONSORTIUM and its respective signatories represent that the signatory holds the position set forth below his/her signature and that the signatory is authorized to execute this Agreement and to bind said party hereto.

b. Assignment: Neither this Agreement nor any of the rights hereunder may be assigned without prior written consent of CITY.

c. Interpretation/Headings: The headings/captions are for convenience and reference only and are not intended to define or limit the scope of any provision and shall have no effect on the Agreement's interpretation. When required by the context of this Agreement, the singular shall include the plural.

d. Integration/Amendment: This Agreement represents the complete and entire understanding between the parties as to those matters contained herein. This Agreement may only be modified or amended in writing and signed by both parties.

e. Severability: If any term, condition, covenant, prov ision or part thereof of this Agreement is, or is declared, invalid, void or unenforceable for any reason, the remainder of the Agreement shall continue in full force and effect.

f. Governing Law: The laws of the State of California shall govern the interpretation and enforcement of this Agreement and any legal actions arising out of the terms of this Agreement shall be brought in Tulare County.

g. Attorney's Fees/Costs: In the event of legal action arising from this Agreement, the non-prevailing party agrees to pay the prevailing party reasonable attorney's fees and costs.

h. Contract Enforcement: The City Manager of City shall be 127

responsible for the enforcement of this Agreement on behalf of City and shall be assisted therein by those officers and employees of City having duties in connection with the administration thereof.

i. Cumulative Rights and Remedies: Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies.

j. Fire and Other Perils Insurance: Parties agree to be responsible for damage by the perils of fire, earthquake, and vandalism to those items of real and personal property for which they hold title or for which they have assumed liability to others.

k. Loss: CITY agrees that should the Center be so badly damaged by fire, earthquake, or other act of the elements as to render it wholly unfit for occupancy by CONSORTIUM, then this Lease shall be terminated immediately upon the happening of any such event. CONSORTIUM shall surrender the Center and shall not be liable for any further payments. In the event of lesser damage by such cause, then CITY shall restore the Center to the condition it was in immediately prior to the event causing the damage, and the lease payments shall abate in proportion to the area not used by CONSORTIUM during the period of restoration. If CITY does not pursue restoration work with reasonable diligence, then CONSORTIUM may, at its option, surrender the Center, terminate this Lease, and shall not be liable for any further payments under this Lease.

l. Surrender: CONSORTIUM shall surrender the Center to CITY at the expiration of this Lease Agreement in as good a condition as at the commencement of it, excepting reasonable wear and tear, damages by the elements, or damages by other persons.

IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement on the date indicated above.

City of Visalia Arts Consortium
By: By:

City Manager Executive Director

Approved as to Form:

City Attorney Risk Manager

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0001 Agenda Date: 1/16/2024 Agenda #: 7.

Agenda Item Wording:

Request by Council Member Hernandez Soto - Request by Council Member Hernandez Soto for the Council to consider placing an item on a future agenda for discussion of the limit of 12 street closures in a year in the newly adopted Ordinance for Special Events.

Deadline for Action: n/a
Submitting Department: Administration
Contact Name and Phone Number: Councilmember Emmanuel Hernandez Soto, 713-4300 ext. 6313.

Department Recommendation:

Consider the request by Councilmember Emmanuel Hernandez Soto for Council to approve placing an item on a future City Council agenda for consideration of further discussion of the limit of 12 street closures in a year in the newly adopted Ordinance for Special Events.

Fiscal Impact:

None
Prior Council Action: On June 1, 2015, the City Council enacted a process wherein a City Councilmember may make a request to the City Manager that an item not otherwise scheduled to be on an agenda be added to a future agenda. If the item is received by the City Manager prior to Wednesday noon of the week before the next Council meeting, the City Manager adds an agenda item to the Consent Calendar with the question of whether the suggested agenda item should be placed on the next regularly scheduled meeting as a discussion item. (Note: Depending on the nature of the item, or the amount and type of information needed for the Council discussion, a later meeting date may be selected by Council.) If the item is approved as part of the Consent Calendar, or is pulled and approved after discussion, it is then placed on the next agenda as a regular item unless Council authorizes a later meeting to consider the item.

Alternatives: To not approve the request to consider this matter at an upcoming Council meeting.

Recommended Motion (and Alternative Motions if expected):

To approve the request to consider this matter at an upcoming Council meeting.

Environmental Assessment Status: n/a
CEQA Review: n/a
Visalia City Council Printed on 4/26/2024Page 1 of 1
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0003 Agenda Date: 1/16/2024 Agenda #: 8.

Agenda Item Wording:

Consideration of a fee waiver - Request from Visalia Gadabouts to utilize the Visalia Senior Center for the purpose of providing programs and services for senior citizens.

Deadline for Action: 1/16/2023
Submitting Department: Community Services
Contact Name and Phone Number: Laurissa Roggenkamp 713-4336 [email protected]
Department Recommendation:

It is recommended by the Parks and Recreation Commission and by City staff that City Council waive the rental fee, $2,784 annual value, but assess the direct staffing cost, $1,330.37 annual value.

Background Discussion:

In 2006 a process was developed to designate free or reduced facility rental fees for the use of the Visalia Senior Center. Whereas there were once several organizations requesting fee waivers, this number has decreased over the years. Some programs have become City operated and others have found alternate locations.

Following the established process, organizations requesting to utilize the Senior Center and receive a fee waiver or reduced fee must annually submit a Facility Use Application for the upcoming calendar year. Their application must include information about the organization, non-profit status, and financial records for the past two years. For 2024 one fee waiver request was received by Visalia Gadabouts.

The 2024 application was reviewed by City staff to ensure that the established criteria for consideration for a fee waiver and/or reduced fee were met. The criteria are as follows:
· Application
o Organization must apply annually and provide records of their non-profit status and financial records for the past two years.
· Programming & fees to participants:
o Programs/services meets the needs and interests of Visalia seniors. o Programs/services are affordable and within the economic means of Visalia seniors. · Organization Finances:
o How does the applicant use the fees paid by participants? § Is the applicant a commercial business profiting from their use of City facilities? § If an applicant is profiting from its use of this City facility, it is recommended that Visalia City Council Printed on 4/26/2024Page 1 of 3
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File #: 24-0003 Agenda Date: 1/16/2024 Agenda #: 8.
the applicant pay full facility rental fees.
· Appropriate use of facility space:
o Applicants request for time, room, set-up, etc. is suitable · Impact on City:
o The City should not incur expenses specifically for the function of the a free or reduce fee rental.
§ Facility use outside of normal operating hours the City pays a Building Attendant to open, close, set-up, assist, etc.; this creates a City subsidy.

Through the review process staff have determined that the 2024 applicant, Visalia Gadabouts, meet the above criteria. They offer a service of interest to Visalia seniors, their finances show that they do not benefit financially, they are a designated non-profit 501(c)(3), their requested use of the facility space and time are appropriate for programming. The applicant, Visalia Gadabouts, is a travel club for seniors. They meet one Saturday per month to provide trip information, they do not collect fees from attendees at the meeting (donations are accepted), they do collect fees to pay for trips, however they are not profiting from these fees, and their services are affordable to seniors.

The applicant has requested use of the facility outside of normal operational hours, as such the City will need to schedule and pay for staffing specifically for their facility use. The projected cost to the City of 2024 staffing is $1,330.37. This estimate includes hourly wages, worker’scomp, FICA, and deferred comp. Staff will arrive 1 hour prior to the reservation to set-up and remain 1 hour after the reservation to clean and breakdown; for a total of 6 hours per rental date.

While staff appreciates that the Gadabouts provide good and affordable services, staff also believes it is appropriate to continue past practice and charge for direct staff costs. Alternatives to paying this fee, or options for reducing the fee, would be to that the Visalia Gadabouts host a shorter meeting time requiring less staff time, and/or to meet during regular operational hours, which would eliminate the need to schedule additional staff. Additionally, the requested space, Main Room, at the Senior Center is a popular rental option for private parties such as baby showers, graduation parties, etc.

The Gadabouts are an appropriate use for the facility, but their use does eliminate one Saturday a month for use by the general public.

Fiscal Impact:

The Visalia Gadabouts have requested the use of the Visalia Senior Center Main Room on the first Saturday of each month beginning January 2024 thru December 2024 from 8 a.m. - 12 p.m. The cost for a non-profit to reserve this space is $58 per hour. The applicant is requesting a fee waiver for their 2024 rental, $2,784.
2024 Facility Rental Rate Breakdown - Visalia Gadabouts - Senior Center MAIN Room Amount of Days Rental Duration Hours per Year Rental Cost/Hr Total Rental Fee 12 8 a.m. - 12 p.m. 48 $58 $2,784.00
2024 Direct Labor Cost for Facility Use Breakdown - Visalia Gadabouts Amount of
Days
Staff
Hours
Amount of
Hrs/Yr
Wage Rate Sub-Total
Wages
Work
Comp
FICA Defer CompTotal Wages
12 7 a.m. - 1
p.m.
72 $17.00 $1,224.00 $64.14 $17.75 $24.48 $1,330.37
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File #: 24-0003 Agenda Date: 1/16/2024 Agenda #: 8.
2024 Direct Labor Cost for Facility Use Breakdown - Visalia Gadabouts Amount of
Days
Staff
Hours
Amount of
Hrs/Yr
Wage Rate Sub-Total
Wages
Work
Comp
FICA Defer CompTotal Wages
12 7 a.m. - 1
p.m.
72 $17.00 $1,224.00 $64.14 $17.75 $24.48 $1,330.37
Prior Council Action: Council has approved fee waivers and/or fee reductions for Visalia Gadabouts for the past fifteen years. Beginning in 2020 Council approved a rental fee waiver with assessing the direct staffing cost be paid by the applicant.

Other: Parks and Recreation Commission met on December 14, 2023 at a special meeting to review the request from the Visalia Gadabouts. The commission motioned that their recommendation to City Council is that the rental fee is waived, but that the applicant pay the direct cost of staffing.

Alternatives: 1. Deny applicants request for a fee waiver. Applicant would pay full facility rental rate.

Recommended Motion (and Alternative Motions if expected):

I move to accept the recommendation from the Parks & Recreation Commission to waive the 2024 facility rental fees, but to assess the direct staffing cost for Visalia Gadabouts use of the Visalia Senior Center to provide programs and services for seniors...end Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Fee Waiver Request and Facility Request Application from Visalia Gadabouts.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0005 Agenda Date: 1/16/2024 Agenda #: 9.

Agenda Item Wording:

Certify Environmental Document - Stonebrook Street Culvert - a resolution to adopt the Initial Study and Mitigated Negative Declaration for the Stonebrook Street Culvert Crossing at Packwood Creek (City of Visalia Project Number 2520-72000/CP0043-99, also referring to State Clearinghouse No. 2022020164). (Resolution No. 2024-01 required).

Deadline for Action: 1/16/2024
Submitting Department: Engineering & Building
Contact Name and Phone Number:

Adrian Rubalcaba, Associate Engineer, [email protected], (559)713-4507 Frank Senteno, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Dept. Director, [email protected], (559) 713-4495 Department Recommendation:

Staff recommends that the City Council adopt Resolution No. 2024-01 adopting the Initial Study and Mitigated Negative Declaration, which finds that the proposed project will have no significant environmental impacts with the identified mitigation measures applied to the project under the California Environmental Quality Act (CEQA) (ref: State Clearinghouse No. 2022020164).

Background Discussion:

The purpose of the Stonebrook Street Culvert Crossing at Packwood Creek (“Project”)is to provide a crucial component to the future construction of the roadway improvements for Stonebrook Street.

This segment of Stonebrook Street, a collector street between Caldwell and Cameron Avenues, remains largely unimproved and is slated to be constructed as the surrounding vacant commercial parcels develop. The City can streamline construction of the future street improvements by the City or private developers by completing the design and construction of the culvert, which is 100% funded by the Transportation Impact Fee fund (241). The future street improvements will be built over the culvert and streambed alterations, which require regulatory review, would not be required as they would have been completed as part of the culvert installation.

On November 16, 2020, Council approved the design contract award to Lars Anderson & Associates for the design of the Stonebrook Street Culvert Crossing at Packwood Creek. The Project objectives were to complete the necessary design plans, construction documents, and regulatory permitting to construct the culvert in Packwood Creek. The installation of the culvert would allow for the future construction of Stonebrook Street, completing the connection from Caldwell to Cameron Avenues (see Location Map attached hereto for reference). Council approved funding for the Stonebrook Street Culvert Crossing at Packwood Creek (CP0043) as part of the adoption of the FY 2018-19 and FY 2019-20 two-year budget cycle.

The Project is at approximately 95% design completion. The environmental phase is complete and Visalia City Council Printed on 4/26/2024Page 1 of 3
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File #: 24-0005 Agenda Date: 1/16/2024 Agenda #: 9.

The Project is at approximately 95% design completion. The environmental phase is complete and requires final permitting submittals to their respective regulatory agencies. Construction is anticipated in the late summer of 2024, weather permitting, when there are no more releases of water within the creek channels.

An Initial Study & Mitigated Negative Declaration (IS/MND) was prepared for this Project consistent with CEQA guidelines. The IS/MND concluded that although the Project could have a significant impact on the environment, there would be no significant effect in this case with the incorporation of mitigation measures that address potential impacts to biological and cultural resources.

The Initial Study identified potential significant environmental impacts, all of which the Initial Study determined could be reduced to less than significant with the adoption of mitigation measures as part of the construction requirements for the Project. These include impacts to nesting or migratory birds, which can be avoided by restrictions on the timing of construction, conducting nesting surveys by a qualified biologist if construction must occur during the nesting season, monitoring of any nests that are found prior to construction, establishing buffers around any identified nests if necessary, protect valley oak trees in compliance with relevant City requirements, establish requirements that shall apply if cultural or historical resources are uncovered during ground disturbing activities, and establish requirements that shall apply if human remain are uncovered during ground disturbing activities.

A Notice of Intent (NOI) to adopt the IS/MND was filed and published for public comment from February 8, 2022, to March 10, 2022; no comments were received in response to the IS/MND.

Following adoption of this resolution certifying the IS/MND, also referred to as Mitigated Negative Declaration No. 2023-63 in reference to the Declaration made by City staff in preparing and filing the IS/MND with the State Clearinghouse, a Notice of Determination (NOD) must be filed with the Tulare County Clerk-Recorder’soffice. Staff will file the NOD with the Clerk-Recorder’soffice within five (5) days of the City Council’saction. Filing the NOD pursuant to Section 15075 of the CEQA starts the 30-day statute of limitations on court challenges to the approval under CEQA.

Fiscal Impact:

There is no fiscal impact with action of this agenda item.

The Stonebrook Street Culvert Crossing at Packwood Creek (CP0043) funding total of $1.046M is funded by the Transportation Impact Fee (TIF) Fund (241).

Prior Council Action:

November 16, 2020
Authorize the City Manager to execute a professional design services contract with Lars Anderson and Associates, Inc., for the design of the Stonebrook Street Culvert Crossing at Packwood Creek in the amount of $119,230.05 (Project Number 2520-72000/CP0043-99).

Other:

None.

Alternatives:

None recommended.

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File #: 24-0005 Agenda Date: 1/16/2024 Agenda #: 9.

Recommended Motion (and Alternative Motions if expected):

I move to adopt Resolution No. 2024-01 certifying the Initial Study and Mitigated Negative Declaration for Stonebrook Street Culvert Crossing at Packwood Creek and requiring the identified mitigation measures be incorporated into the Project.

Environmental Assessment Status:

See Initial Study and Mitigated Negative Declaration attached to this report.

CEQA Review:

An Initial Study & Mitigated Negative Declaration (IS/MND) was prepared for this Project consistent with CEQA guidelines. The IS/MND concluded that although the Project could have a significant impact on the environment, there would be no significant effect in this case with the incorporation of mitigation measures that address potential impacts to biological and cultural resources. A Notice of Intent (NOI) to adopt the IS/MND was filed and published for public comment from February 8, 2022 to March 10, 2022; no comments were received in response to the IS/MND.

Attachments:

1. Resolution No. 2024-01 for Mitigated Negative Declaration No. 2023-63

2. Mitigated Negative Declaration No. 2023-63

3. Project Location Map

4. Aerial Exhibit
Visalia City Council Printed on 4/26/2024Page 3 of 3
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Resolution No. 2024-__

RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA

ADOPTING THE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE

STONEBROOK STREET CULVERT PROJECT AT PACKWOOD CREEK CROSSING (STATE CLEARINGHOUSE NO. 2022020164)

WHEREAS, the purpose of the proposed Stonebrook Street Culvert Crossing at Packwood Creek (“Project”) is to provide a crucial component to the future construction of the roadway improvements for a portion of Stonebrook Street identified by the City’s transportation element as a collector street between Caldwell and Cameron Avenues; and

WHEREAS, the City Council at the November 16, 2020 City Council meeting authorized the City Manager to execute a professional design services contract with Lars Anderson & Associates, Inc., for the design of the Project (CIP# 2520-72000/CP0043-999); and

WHEREAS, the Project will encompass installing a double-box culvert and associated wingwall and headwall construction at the Packwood Creek and Stonebrook Street intersection, which is located approximately three-hundred feet south of Caldwell Avenue on Stonebrook Street; and

WHEREAS, an Initial Study and Mitigated Negative Declaration has been prepared for the Project pursuant to the California Environmental Quality Act of 1970 (CEQA), as amended, which disclosed that no significant environmental impacts would result from the Project with the identified mitigation measures applied; and

WHEREAS, the Initial Study and Mitigated Negative Declaration for the Project were prepared and noticed for public review and comment for thirty days beginning on February 8th, 2022; and

WHEREAS, no comments were received during the advertised comment period which required no modifications to the Initial Study and Mitigated Negative Declaration; and

WHEREAS, the City Council of the City of Visalia has considered the whole record before it, including but not limited to the Initial Study and Mitigated Negative Declaration; and

WHEREAS, the City Council of the City of Visalia hereby finds that the Initial Study and Mitigated Negative Declaration contain and reflect the independent judgment of the City of Visalia.

NOW, THEREFORE, BE IT RESOLVED that the Initial Study and Mitigated Negative Declaration for the Project was prepared consistent with the California Environmental Quality Act (CEQA) and the City of Visalia Environmental Guidelines.

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Resolution No. 2024-__

BE IT FURTHER RESOLVED that the City Council of the City of Visalia hereby finds, on the basis of the whole record before it, that there is no substantial evidence that the Project, with the adopted mitigation measures, will have a significant effect on the environment and hereb y adopts the Initial Study and Mitigated Negative Declaration for the Stonebrook Street Culvert Crossing at Packwood Creek , which can also be found in Mitigated Negative Declaration No. 2023-63, State Clearinghouse No. 2022020164.

BE IT FURTHER RESOLVED that t he proposed mitigation measures stated in the referenced Initial Study and Mitigated Negative Declaration are hereby adopted and shall be required by the City during Project construction.

BE IT FURTHER RESOLVED the documents and other material which constitute the record of the proceedings upon which this decision is based are located at the office of the Visalia City Planner, 315 E. Acequia Avenue, Visalia, California, 93291 , who is designated as the custodian of documents and other materials that constitute the record of this decision.

BE IT FURTHER RESOLVED that City staff are directed to file and record a Notice of Determination with the Tulare County Clerk -Recorder’s office within five (5) days of this Resolution.
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Initial Study/Mitigated Negative Declaration
Stonebrook Street Culvert Project

Prepared for:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
(559) 713-4359
Contact: Brandon Smith, Principal Planner

Prepared by:

Crawford & Bowen Planning, Inc.
113 N. Church Street, Suite 302
Visalia, CA 93291
(559) 840-4414
Contact: Travis Crawford, AICP

February 2022
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TABLE OF CONTENTS

PROJECT INFORMATION ................................................................................................. 4 Introduction ...................................................................................................................... 4 Project title ......................................................................................................................... 4 Lead agency name and address ..................................................................................... 4 Contact person and phone number ............................................................................... 4 Project sponsor’s name/address ..................................................................................... 4 Project location ................................................................................................................. 4 General plan designation ................................................................................................ 5 Zoning ............................................................................................................................... 5 Project Description ........................................................................................................... 5 Surrounding Land Uses/Existing Conditions .............................................................. 5 Tiering and Documents Incorporated by Reference ................................................... 6 Other Public Agencies Involved .................................................................................... 6 Tribal Consultation .......................................................................................................... 6 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ................................... 12 DETERMINATION ............................................................................................................. 13 I. AESTHETICS ............................................................................................................... 14 II. AGRICULTURE AND FOREST RESOURCES ...................................................... 20 III. AIR QUALITY ........................................................................................................ 23 IV. BIOLOGICAL RESOURCES ................................................................................... 27 V. CULTURAL RESOURCES ...................................................................................... 36 VI. ENERGY ................................................................................................................... 40 151
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VII. GEOLOGY AND SOILS......................................................................................... 42 VIII. GREENHOUSE GAS EMISSIONS ...................................................................... 47 IX. HAZARDS AND HAZARDOUS MATERIALS .................................................. 49 XII. MINERAL RESOURCES ........................................................................................ 61 XIII. NOISE ..................................................................................................................... 63 XIV. POPULATION AND HOUSING ........................................................................ 67 XV. PUBLIC SERVICES ................................................................................................. 69 XVI. RECREATION ....................................................................................................... 72 XVII. TRANSPORTATION/TRAFFIC ......................................................................... 74 XVIII. TRIBAL CULTURAL RESOURCES ................................................................. 77 XIX. UTILITIES AND SERVICE SYSTEMS ................................................................ 79 XX. WILDFIRE ................................................................................................................ 82 XXI. MANDATORY FINDINGS OF SIGNIFICANCE ............................................ 84 MITIGATION AND MONITORING PROGRAM ....................................................... 86

APPENDICES
A – Air Emissions Modeling Results
B – Biological Evaluation
C – Cultural/Historic Resource Information
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PROJECT INFORMATION

Introduction
This document is the Initial Study / Mitigated Negative Declaration on the potential environmental effects of the proposed Stonebrook Street Culvert Project (Project). The City of Visalia (City) will act as the Lead Agency for this project pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines.

Project title
Stonebrook Street Culvert Project

Lead agency name and address
City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291

Contact person and phone number
Brandon Smith, Principal Planner
(559) 713-4359

Project sponsor’s name/address
Same as Lead Agency.

Project location
The Project is located in southern Visalia in Tulare County, California. Project construction will occur from the existing portion of S. Stonebrook Street, south of its intersection with W. Caldwell Avenue, and will extend over Packwood Creek to intersect with W. Cameron Avenue. Project implementation will affect approximately 290 linear feet of Packwood Creek. This Project is for the construction of the culvert over Packwood Creek with the associated headwalls and this evaluation does not include construction of roadway improvements. The entire Area of Potential Effect (APE) is approximately 2.0 acres, although the most intensive ground disturbance would occur on approximately 0.6 acres. See Figures 1 and 2 for Project location.

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General Plan Designation
Regional Commercial / Commercial Mixed Use, with the portion surrounding Packwood Creek designated as Conservation.

Zoning
Regional Commercial / Mixed Use Commercial, with the portion surrounding Packwood Creek zoned as Quasi-Public.

Project Description
The City of Visalia proposes to construct a culvert over Packwood Creek. The culvert will provide the infrastructure necessary to construct a future north -south roadwa y between W. Caldwell Avenue and W. Cameron Avenue. The purpose of this Project is to improve vehicle transportation access in the area and the Project was identified in the City’s General Plan (2014) and corresponding Environmental Impact Report. Project implementation will affect approximately 290 linear feet of Packwood Creek and will involve widening the channel above and below the culvert, grading within the channel, construction of structures in the creek bed, placement of concrete rip-rap on the creek bed downstream of the culvert, and installation of an erosion control blanket on the upper channel banks upstream and downstream of the proposed culvert. The following structures will be constructed in the creek bed:
• 94 linear feet of 8X12 double box culvert per Caltrans Standard Plan D81; • 53 linear feet of 13-foot high type “B” wingwalls per Caltrans Standard Plan D84; • 26 linear feet of 8-foot high type “B” wingwalls per Caltrans Standard Plan D84; • A concrete headwall structure for erosion control from two (2) pumps with 12” and 15” pipes. This system is a backup for the storm drain ponding basin in the area.

Surrounding Land Uses/Existing Conditions
The land proposed for the extension of S. Stonebrook Street consists of ruderal/developed lands occupied by a portion of a paved pedestrian trail, lined with planted trees and shrubs. The area around Packwood Creek is highly maintained and consists of levees containing irregular seasonal flows and sparse vegetation. Surrounding land uses include commercial businesses and residential homes, with a large vacant parcel to the south of the proposed Project site. The future extension of S. Stonebrook Street will connect W. Caldwell Avenue and W. Cameron Avenue, which are major east-west roadways.
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Tiering and Documents Incorporated by Reference
The City has determined that an Initial Study / Mitigated Negative Declaration is the appropriate environmental document for the proposed Project. Pursuant to CEQA Guidelines Section 15152, the Initial Study is tiered from the City’s General Plan Update Environmental Impact Report (State Clearinghouse #2010041078) that was certified in 2014. The General Plan EIR analyzed the general effects of buildout in the Project area, including the construction of Stonebrook Street, to accommodate existing development and projected growth. The tiering of the environmental analysis for the Project allows the Initial Study to rely on the General Plan EIR for: (1) a discussion of general background and setting information for environmental topic areas; (2) overall growth- related issues; (3) issues that were evaluated in sufficient detail in the General Plan EIR, and for which there is not significant new information, a change in circumstances, project changes, or new significant environmental impacts requiring further analysis; and (4) long-term cumulative impacts. The purpose of the Initial Study is to evaluate the potential env ironmental impacts of the Stonebrook Street Culvert Project with respect to the analysis in the General Plan EIR, and to determine what level of additional environmental review, if any, is appropriate. Based on this evaluation, the Project will require a Mitigated Negative Declaration.

This Initial Study refers to and incorporates information from the City’s General Plan Update Environmental Impact Report (State Clearinghouse #2010041078) that was certified in 2014.

Where relevant environmental information is applicable, it has been noted in this Initial Study.

The General Plan Update EIR and associated documents may be examined at the City of Visalia Community Development Department, 315 E. Acequia Avenue, Visalia, CA 93291.

Other Public Agencies Involved

• San Joaquin Valley Air Pollution Control District
• Central Valley Regional Water Quality Control Board
• California Department of Fish & Wildlife
• U.S. Fish & Wildlife Service
• U.S. Army Corps of Engineers
• State of California Native American Heritage Commission

Tribal Consultation
A Tribal Cultural Resource (TCR) is defined under Public Resources Code section 21074 as a site, feature, place, cultural landscape that is geographically defined in terms of size and scope, sacred place, and object with cultural value to a California Native American tribe that are either included 155
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and that is listed or eligible for inclusion in the California Register of Historic Resources or in a local register of historical resources. In addition, the City of Visalia, acting as the Lead Agency, supported by substantial evidence, can choose at its discretion to treat the resource as a TCR. As discussed herein, under Section V, Cultural Resources, criteria (b) and (d), no known archeological resources, ethnographic sites or Native Amer ican remains are located on the proposed Project site. As discussed under criterion (b) implementation of Mitigation Measure CUL-1 would reduce impacts to unknown archaeological deposits, including TCRs, to a less than significant level. As discussed under criterion (d), compliance with California Health and Safety Code Section 7050.5 would reduce the likelihood of disturbing or discovering human remains, including those of Native Americans. The City has determined that the proposed Project does not meet the City’s criteria to conduct additional Tribal consultation.

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Figure 1 – Regional Map

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Figure 2 – Project Vicinity Map

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Figure 3 – Project Disturbance Area

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Figure 4 – Project Site Plan

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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED

The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.

Aesthetics Agriculture Resources
and Forest Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology / Soils Greenhouse Gas
Emissions
Hazards &
Hazardous
Materials
Hydrology / Water
Quality
Land Use / Planning Mineral Resources
Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural
Resources
Utilities / Service
Systems
Wildfire Mandatory
Findings of
Significance

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DETERMINATION
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, the project impacts were adequately addressed in an earlier document or there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A M ITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Brandon Smith, Principal Planner
City of Visalia
Date
Travis Crawford (Environmental
Consultant) on behalf of: February 7, 2022
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ENVIRONMENTAL CHECKLIST
I. AESTHETICS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Have a substantial adverse effect on a
scenic vista?

b. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway?

c. In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those that
are experienced from publicly accessible
vantage point). If the project is in an
urbanized area, would the project conflict
with applicable zoning and regulations
governing scenic quality?

d. Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?

RESPONSES
a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c. In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible 163
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vantage point). If the pr oject is in an urbanized area, would the project conflict with applicable zoning and regulations governing scenic quality?
Less than Significant Impact.

Scenic Vistas
A scenic vista is defined as a viewpoint that provides expansive views of highly valued landscape for the benefit of the general public. The Sierra Nevada Mountains are the only natural and visual resource in the Project area. Views of these distant moun tains are afforded only during clear conditions due to poor air quality in the valley. Distant views of the Sierra Nevada Mountains would largely be unaffected by the development of the Project because of the nature of the Project (primarily surface -level improvements), distance and limited visibility of these features. The City of Visalia does not identify views of these features as required to be “protected.”
Scenic Highway
The 44-mile stretch of State Route 198 between State Route 99 and Sequoia National Park is classified as eligible for State Scenic Highway status, but is not officially designated. This includes the length of SR 198 within the City’s Planning Area. While the City has not requested official designation, it has evaluated the corridor in the Scenic Highways Element of the existing General Plan and has taken steps to preserve and enhance the corridor’s scenic quality. The main “entrance” to the City is from the west, on Highway 198. Here, agricultural land has been maintained from Plaza Pa rk nearly to Akers Street.

The landscape features orchards, fields, and oak trees, and oaks are planted along portions of the roadway itself. As development occurs in the area, a 200-foot conservation buffer will maintain the rural character in that portion of the community.1 The Project is well outside the 200-foot buffer and there are no other scenic highways in the area that would be impacted by the Project.

Visual Character
Most of the Project components are at ground level and would not impose a significant visual impact, however there are components such as signage and streetlights that could potentially impact the visual character of the surrounding areas. The Project area consists primarily of vacant/disturbed land, recreational trail, and commercial businesses. See photos below:

1 Visalia General Plan Update EIR (2014), page 3.13-2.
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Photo 1: Packwood Creek looking downstream from proposed culvert installation location.

Photo 2: Packwood Creek looking upstream from proposed culvert installation location. 165
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Photo 3: Ruderal/developed area of the site on south side of Packwood Creek.

Photo 4: Ruderal/developed area of the site on north side of Packwood Creek. 166
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Roadway improvements such as those proposed by the Projec t are typical of City streetscapes and are generally expected from residents of the City. These improvements would not degrade the visual character of the area and would not diminish the visual quality of the area, as they would be consistent with the existing visual setting.

Project construction activities could temporarily impact the visual character of the area, but is not considered significant because the impact is temporary and the contractor must comply with standard construction measures pertaining to maintaining a clean work site both during and after construction.

Light / Glare
The Project may include the installation of street lighting along the proposed extension of S. Stonebrook Street. Nighttime lighting is necessary to provide and maintain safe, secure, and attractive environments; however, these lights have the potential to produce spillover light and glare and waste energy, and if designed incorrectly, could be considered unattractive. Light that falls beyond the intended area is referred to as “light trespass.” Types of light trespass include spillover light and glare. Minimizing all these forms of obtrusive light is an important environmental consideration. A less obtrusive and well - designed energy efficient fixture would face downward, emit the correct intensity of light for the use, and incorporate energy timers.

The increase in lighting would enhance nighttime security for residents and pedestrians in the area and provide safer driving conditions for motorists along the proposed extension of S. Stonebrook Street. The City’s General Plan policies outline standards related to light and glare to reduce impacts from new sources of light. The Project street lights will be designed to adhere to these standards.

Therefore, the Project has a less than significant impact on aesthetics.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction ) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR , but are also being re - examined and updated within this current Initial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document. 167
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3. The project site was included within the scope of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR.

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II. AGRICULTURE AND FOREST

RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use?

b. Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?

c. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in
Public Resources Code section 12220(g)),
timberland (as defined by Public
Resources Code section 4526), or
timberland zoned Timberland Production
(as defined by Government Code section
51104(g))?

d. Result in the loss of forest land or
conversion of forest land to non-forest
use?

e. Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest
use?

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RESPONSES
a. Convert Prime Farmland , Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to non-forest use? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? No Impact. The Project site is located in an area of the City that has been developed and is continuing to develop with urban land uses . According to the City’s General Plan EIR, there is Farmland of Local Importance occurring in the Project area, primarily to the south. However, the area is not designated for agricultural uses and the Project itself is a road and culvert construction project that will not result in the significant loss of agricultural or forest lands, nor would it result in changes to the existing environment that would cause the conversion of farmland or forestland. The Project is intended to improve transportation access between W. Caldwell Avenue and W. Cameron Avenue by implementing the City’s General Plan , which identifies the construction of S. Stonebrook St reet as a 4 -lane collector. As no significant loss or conversion of farmland occurs, there is no impact.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction ) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within this current In itial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document. 170
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3. The project site was included within the scope of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR. 171
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III. AIR QUALITY
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Conflict with or obstruct implementation
of the applicable air quality plan?

b. Result in a cumulatively considerable net
increase of any criteria pollutant for
which the project region is non-
attainment under an applicable federal
or state ambient air quality standard?

c. Expose sensitive receptors to substantial
pollutant concentrations?

d. Result in other emissions (such as those
leading to odors or adversely affecting a
substantial number of people)?

RESPONSES
a. Conflict with or obstruct implementation of the applicable air quality plan? b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? c. Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. The proposed Project lies within the San Joaquin Valley Air Basin (SJVAB).

At the Federal level, the SJVAB is designated as extreme nonattainment f or the 8-hour ozone standard, attainment for PM10 and CO, and nonattainment fort PM2.5. At the State level, the SJVAB is designated as nonattainment for the 8 -hour ozone, PM 10, and PM 2.5 standards. Although the Federal 1 -hour ozone standard was revoked in 2005, areas must still attain this standard, and the SJVAPCD recently requested 172
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an EPA finding that the SJVAB has attained the standard based on 2011 -2013 data 2. To meet Federal Clean Air Act (CAA) requirements, the SJVAPCD has multiple air quality attain ment plan (AQAP) documents, including:
• Extreme Ozone Attainment Demonstration Plan (EOADP) for attainment of the 1-hour ozone standard (2004);
• 2007 Ozone Plan for attainment of the 8-hour ozone standard; • 2007 PM10 Maintenance Plan and Request for Redesignation; and • 2008 PM2.5 Plan.

Because of the region’s non -attainment status for ozone, PM 2.5, and PM 10, if the project-generated emissions of either of the ozone precursor pollutants (ROG or NOx), PM 10, or PM 2.5 were to exceed the SJVAPCD’s significance thres holds, then the project uses would be considered to conflict with the attainment plans. In addition, if the project uses were to result in a change in land use and corresponding increases in vehicle miles traveled, they may result in an increase in vehicle miles traveled that is unaccounted for in regional emissions inventories contained in regional air quality control plans.

The annual significance thresholds to be used for the Project for construction and operational emissions are as follows3:
• 10 tons per year ROG;
• 10 tons per year NOx;
• 15 tons per year PM10; and
• 15 tons per year PM2.5.

The Project will result in construction emissions as described below.

Short-Term (Construction) Emissions
Site preparation and Project construction would involve excavation, grading, hauling, and various activities needed to construct the Project. During construction, the Project could generate pollutants such as hydrocarbons, oxides of nitrogen, carbon monoxide, and suspended PM. A major source of PM would be windblown dust generated during construction activities. Sources of fugitive dust would include disturbed soils at the construction site and trucks carrying uncovered loads of soils. Vehicles leaving the site could deposit dirt and mud on local streets, which could be an additional source of airborne dust

2 San Joaquin Valley Air Pollution Control District. Guidance for Assessing and Mitigating Air Quality Impacts. February 19, 2015. Page 28. https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF. Accessed July 2021. 3 San Joaquin Valley Air Control District – Air Quality Threshold of Significance – Criteria Pollutants. http://www.valleyair.org/transportation/0714-GAMAQI-Criteria-Pollutant-Thresholds-of-Significance.pdf. Accessed July 2021. 173
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after it dries. PM10 emissions would vary from day to day, depending on the nature and magnitude of construction activity and local weather conditions. PM10 emissions would depend on soil moisture, the silt content of soil, wind speed, and the amount of operating equipment. Larger dust particles would settle near the source, while fine particles would be dispersed over greater distances from the construction site. These emissions would be temporary and limited to the immediate area surrounding the construction site.

The proposed Project construction schedule would last up to twelve months. Emissions were estimated using the CalEEMod model, Version 2016.3.2 and assumed a disturbance footprint of up to 2.0 acres. (Note: to provide an overly conservative emission estimate, a construction schedule of 12 months and a disturbance area of 2.0 acres was used for air calculations .). Construction related emissions are shown in Table 1. Refer to Appendix A – Air Emissions Output Table for the full emissions output estimates for construction activities.

Table 1
Project Construction Emissions in Tons

Pollutant/
Precursor
Construction
Emissions (tpy)
Threshold/
Exceed?
CO 1.36 100/N
NOx 1.40 10/N
ROG 0.19 10/N
SOx 0.01 27/N
PM10 0.10 15/N
PM2.5 0.07 15/N
CO2e 235.78 n/a

As shown in Table 1, construction emissions would be below the SJVAPCD’s threshold for annual construction emissions. However, the SJVAPCD has implemented Regulation VIII measures for dust control related to construction projects, which are applicable to the Project and will be enforced by the City and the City’s contractor.

Long-Term (Operational) Emissions
The Project is being implemented in response to existing and planned growth in the area. An extension of S. Stonebrook Street would provide a major access point to urban areas in southern Visalia and was identified in the City’s General Plan as a future four lane collector. Collectors serve as connectors between local and arterial streets and provide direct access to parcels. The Project itself will improve local roadway operations, but would not generate additional vehicle trips in the area beyond what was already planned for and analyzed in the City’s General Plan EIR. The Project is not therefore considered growth inducing.

In addition, there are no stationary source emissions resulting from the Project. 174
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Therefore, the Project would not increase mobile source emissions beyond what was previously analyzed in the City’s General Plan EIR and would not otherwise violate any air quality standards or significantly increase any criteria pollutant and will not expo se sensitive receptors to substantial pollutant concentrations. Thus, impacts would be less than significant.

d. Result in other emissions (such as those leading to odors adversely affecting a substantial number of people?
Less Than Significant Impact. During construction, the various diesel and gas powered vehicles and equipment in use on-site could create localized odors. These odors would be temporary and are not likely to be noticeable for extended periods of time beyond the perimeter of the Project site. In addition, once the Project is operational, there would be no new source of odors that result directly from the Project.

Therefore, the impact is less than significant.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR, but are a lso being re - examined and updated within this current Initial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in the surrounding environmental or regulatory setting that have occurred sinc e the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the City of V isalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR.

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IV. BIOLOGICAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations,
or by the California Department of Fish
and Game or U.S. Fish and Wildlife
Service?

b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the
California Department of Fish and Game
or U.S. Fish and Wildlife Service?

c. Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption,
or other means?

d. Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors,
or impede the use of native wildlife
nursery sites?

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e. Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?

f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?

RESPONSES
Live Oak Associates, Inc. (LOA) was retained to conduct a reconnaissance survey to describe the biotic resources of the proposed Project site and to evaluate potential impacts to those resources that could result from proposed Project development. Field surveys were conducted on April 19 and 21, 2021. The results of these surveys are summarized herein and the full report is included in Appendix B – Biological Evaluation: Stonebrook Street Culvert Project (August 2021).

To evaluate whether the Project may affect biological resources unde r CEQA purview, Live Oak Associates, Inc. : (1) obtained official lists from the United States Fish and Wildlife Service and the California Department of Fish and Wildlife of special-status species and designated and proposed critical habitat, (2) reviewed other relevant background information such as aerial images and topographic maps, and (3) conducted a field reconnaissance survey of the Project site.

Reconnaissance Survey
Field surveys of the project site were conducted on April 19 and 21, 2021 by LOA ecologist Wendy Fisher.

These surveys consisted of walking the project site while identifying the principal land uses and associated plant and animal species, and mapping habitat suitable for special status species and other sensitive biological resources. T he survey s also included an investigation of hydrologic features potentially subject to the jurisdiction of the U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), and/or Regional Water Quality Control Board (RWQCB).

Vegetation, soils, and hydrology data was collected at representative sample locations in accordance with USACE guidelines.

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Reconnaissance Survey Results
The Project site is centered on Packwood Creek, which is a distributary drainage within the Kaweah River Delta that historically drained into the Tulare Lake. This waterway, like the entire Kaweah River Delta, was historically characterized by extensive riparian, wetland, and aquatic ecosystems that supported large populations of diverse native p lants and animals. Agricultural diversions and channelization of waterways have eliminated much of the original riparian habitat of this drainage system, and aquatic and wetland habitats have been greatly degraded from agricultural runoff and controlled flows. Tulare Lake has long been drained and converted to farmland and urban uses.

The Project site is relatively level, with the exception of the linear depression associated with Packwood Creek. The elevation of the site is approximately 320 feet National Geodetic Vertical Datum (NGVD). The project site contains one soil mapping unit: 122: Grangeville sandy loam, drained, 0 to 2 percent slopes (467194). Soils of the site have been significantly disturbed by stream channelization and urban and agricultural activities. As a result, the soils of the project site have no particular significance to biological resources potentially occurring on the site.

Two land uses/biotic habitats have been identified on the project site, comprising ruderal/developed and seasonal stream channel (Figure 5 – Appendix B). Both of these land use/biotic habitats have experienced a high level of human disturbance or modification. A list of the vascular plant species observed on the project site and a list of the terrestrial vertebrate s using, or potentially using, the site are presented in Appendices A and B, respectively (See Appendix B).

Ruderal/Developed Land
A majority of the Project site contains ruderal/developed lands heavily influenced by human activities.

Such areas consisted of a paved trail, landscaping, and disced field. Ruderal/developed areas of the site contained weedy herbaceous vegetation and planted native trees. Herbaceous vegetation consisted of barnyard barley ( Hordeum murinum ssp. leporinum ), ripgut brome ( Bromus diandrus), puncturevine (Tribulus terrestris), lambsquarters ( Chenopodium album), Russian thistle ( Salsola tragus), redstem filaree (Erodium cicutarium), small-flowered fiddleneck ( Amsinckia menziesii), and London rocket ( Sisymbrium irio), among others. A single shrub species, blue elderberry (Sambucus nigra ssp. caerulea) occurred in this land use area. Trees in this area of the site consisted of medium sized, planted valley oaks (Quercus lobata) and California sycamore (Platanus racemosa).

Although the wildlife habitat value of ruderal/developed lands within the project site is relatively low, these lands can support some wildlife species. Amphibians such as Sierran treefrogs ( Pseudacris sierra) and western toads ( Bufo boreas) may disperse through ruderal /developed lands during the winter and spring. Common reptiles such as the western fence lizard ( Sceloporus occidentalis) and Pacific gopher 178
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snake (Pituophis catenifer catenifer) could potentially use ruderal/developed areas of the project site. Avian species expected tooccur on ruderal/developed lands of the site include mourning doves ( Zenaida macroura), northern mockingbirds ( Mimus polyglottos), house finches ( Haemorhous mexicanus), Brewer’s blackbirds ( Euphagus cyanocephalus ), California scrub jays ( Aphelocoma californica ), and killdeer (Charadrius vociferus ). A killdeer was found nesting within wood chips used as ground cover in a landscaped area during the field survey. Wintering birds such as yellow -rumped warblers ( Setophaga coronata) and white-crowned sparrows (Zonotrichia leucophrys) would occur here, as well. Raptors such as the red-tailed hawk (Buteo jamaicensis) and American kestrel (Falco sparverius) commonly forage over open areas and may hunt in ruderal/developed areas of the site.

Small mamm als that would be expected to occur on ruderal/developed lands of the site include California ground squirrels ( Otospermophilus beecheyi ), Botta’s pocket gophers ( Thomomys bottae ), California voles ( Microtus californicus ), house mice ( Mus musculus ), and de er mice ( Peromyscus maniculatus). Mammalian predators with the potential to occur on ruderal lands of the project site include disturbance-tolerant species such as the raccoon ( Procyon lotor), striped skunk ( Mephitis mephitis), and coyote (Canis latrans).

Seasonal Stream Channel
Packwood Creek traverses the project site from east to west. The stream channel at this location is an earthen trapezoidal channel modified for flood control purposes. The channel showed evidence of recent scraping, presumably to manage vegetation. The stream is seasonally inundated during the spring and summer months. Vegetation within the seasonal channel was sparse during the field survey due to the recent channel scraping. Vegetation, where present, consisted of annual bluegrass (Poa annua), rough cocklebur ( Xanthium strumarium), annual rabbitsfootgrass ( Polypogon monspeliensis ), Jersey cudweed (Pseudognaphalium luteoalbum ), seep monkeyflower ( Erythranthe guttata ), and tall flatsedge ( Cyperus eragrostis).

Amphibians such as the Sierran treefrog and western toad could find breeding opportunity in this habitat when water is present in the spring. Reptiles expected to use the seasonal stream channel of the project site would be the same as those expected in ruderal developed are as but limited to periods when the channel is dry. Birds expected to utilize the seasonal stream channel of the project site would include the species discussed for other habitat types, as well as the black phoebe (Sayornis nigricans), great blue heron (Ardea herodias), and great egret ( Ardea alba), assuming amphibian and/or invertebrate prey is present.

During dry periods, small mammal and mammalian predator species likely to forage or seek cover in the seasonal stream channel would be similar to those expected in ruderal/developed areas of the site.

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Desktop Review
LOA searched the California Natural Diversity Data Base (CNDDB) and the CNPS Inventory of Rare and Endangered Plants for records of special status plant and animal species in the Project area (C NDDB 2021, CNPS 20 21). Regional lists of special-status species were compiled using USFWS, CNDDB, and CNPS database searches in the nine USGS 7.5 -minute quadrangles containing and immediately surrounding the project site (Exeter, Visalia, Monson, Ivanhoe, Cairns Corner, Tulare, Traver, Goshen, and Paige). A local list of special -status species was compiled using CNDDB records fr om within 3.1 miles of the Project site. Species that lack a special status designation by state or federal regulatory agencies or other groups were omitted from the final list. Species for which the Project site does not provide habitat were eliminated fr om further consideration. LOA also referenced California’s Wildlife, Volumes I, II, and III (Zeiner et. al 1988-1990), California Natural Diversity Data Base (CDFW 2021), The Jepson Manual: Vascular Plants of California, second edition (Baldwin et al 2012) , and The California Native Plant Society’s Inventory of Rare and Endangered Vascular Plants of California (CNPS 2021), Calflora.org, eBird.org and other relevant resources in their research.

Significant Determination
Less Than Significant Impact [a.), b.), c.), e.), and f.)], Less Than Significant Impact with Mit igation Incorporation [d.)] This Project, which could result in permanent impacts to developed and disturbed land cover and a channelized creek, will not: (1) substantially reduce the habitat of a fish or wildlife species (criterion a) as developed and disturbed land cover is regionally abundant and ubiquitous; (2) cause a fish or wildlife population to drop below self-sustaining levels (criterion b) as no such potentially vulnerable population i s known from the area; (3) threaten to eliminate a plant or animal community (criterion c) as no such potentially vulnerable communities are known from the area; (4) substantially reduce the number or restrict the range of a rare or endangered plant or ani mal (criterion d) as no such potentially vulnerable species are known from the area; (5) have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS (criterion f) as no impacts to riparian habitat or other sensitive natural community are anticipated; (6) have a substantial adverse effect on wetlands (including, but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means (criterion g) as no impacts to wetlands will occur; or (7) conflict with the provisions of an adopted Habitat Conservation Plan, Natural Communities Conservation Plan, or other approved local, regional, or state habitat conservation plan (criterion j) as no such plan has been adopted. Thus, these significance criteria are not analyzed further.

The remaining statutorily defined criteria provided the framework for criteria BIO1 through BIO3 below. 180
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These crite ria are used to assess the impacts to biological resources stemming from the Project and provide the basis for determinations of significance:
• Criterion BIO1 : Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS (significance criterion e).

• Criterion BIO2: Interfere substantially with the moveme nt of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites (significance criterion h).

• Criterion BIO3: Conflict with any local pol icies or ordinances protecting biological resources, such as a tree preservation policy or ordinance (criterion i).

Criterion BIO1 - Have a Substantial Effect on any Special -Status Species (Criterion BIO1): Eighteen special status vascular plant species are known to occur in the region (see Table 1 – Appendix B). Due to habitat loss or degradation associated with the high level of human disturbance of the project site, the absence of any present or historically suitable habitat, and/or the site being situated outside a particular species’ range, none of these species are expected to occur within the project site. Therefore, the proposed project would not affect regional populations of these species and impacts would be less than significant.

Of the 17 spec ial status animal species that potentially occur in the project vicinity, 14 are considered absent or unlikely to occur within the project site due to past and ongoing disturbance of the site and surrounding lands, the absence of suitable habitat, and/or t he site being situated outside of the species’ known distribution. These species include the vernal pool fairy shrimp, vernal pool tadpole shrimp, valley elderberry longhorn beetle, California tiger salamander, western spadefoot, western pond turtle, Northern California legless lizard, western yellow -billed cuckoo, loggerhead shrike, Swainson’s hawk, burrowing owl, Tipton kangaroo rat, San Joaquin kit fox, and American badger (see Table 1 of Appendix B). The project does not have the potential to significantly impact these species through construction mortality or loss of habitat because there is little or no likelihood that they are present.

Three special status animals, the tricolored blackbird, pallid bat, and western mastiff bat, have the potential to forage on the site from time to time but would not breed or roost on the site (see Table 1).

Potential foraging habitat on the project site is not uniquely important for these species and similar or higher quality foraging habitat is relatively abu ndant in the region. Moreover, the site is situated in an urban environment not typical of these species’ use patterns. These species would not be vulnerable to 181
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construction-related injury or mortality because, even if one or more individuals were to occur on the site during construction, their high level of mobility would allow them to easily evade any danger. For these reasons, project impacts to the tricolored blackbird, pallid bat, and western mastiff bat are considered less than significant under CEQA.

Sensitive Natural Communities are absent from the project site. The site’s stream channel is confined by a levee, intensely managed, and immediately adjacent to urban development. As a result, the habitat value of the channel is very low, and the stream c hannel would not meet the definition of a Sensitive Natural Community.

The project is anticipated to result in less than 0.1 acres of permanent impact to Packwood Creek, a water of the State and potential water of the U.S. Such a small-scale impact to a highly modified and maintained seasonal stream is not considered significant under CEQA. However, appropriate permits from the RWQCB, USACE, and CDFW will be required prior to project disturbance of these areas. These consist of the following permits/approvals:
• U.S. Army Corps of Engineers – Section 404 (Clean Water Act) • Regional Water Quality Control Board – Section 401 Water Quality Certification • California Fish & Wildlife – Lake or Streambed Alteration Agreement Mitigation Measures: None are required.

Criterion BIO2 - Interfere Substantially with Native Wildlife Movements, Corridors, or Nursery Sites:

Packwood Creek within the project site could provide for the movements of some locally occurring, common terrestrial wildlife species when the channel is dry and some locally occurring aquatic species when wet. However, construction of the proposed culvert would not create an insurmountable barrier to wildlife movement as the channel will remain open during construction, and the culverts are larg e enough to be easily passible by wildlife after construction. Furthermore, open ground and an established trail will remain immediately south of the culvert construction for additional terrestrial wildlife movement. Common locally occurring species are ex pected to utilize the creek channel in the same manner as before project buildout. Therefore, the project will result in a less than significant effect on wildlife movement corridors.

However, the project site contains suitable nesting habitat for a number of avian species protected under the federal Migratory Bird Treaty Act and related state laws. A killdeer was observed nesting on the ground within the project site during LOA’s field investigation. Trees and shrubs on the site offer additional nesting ha bitat for some bird species adapted to urban environments. If birds were to be nesting on or adjacent to the project site at the time of construction, project-related activities could result 182
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in the abandonment of active nests or direct mortality to these b irds. Construction activities that adversely affect the nesting success of migratory birds or raptors, or result in mortality of individual birds constitute a violation of state and federal laws and would be considered a significant impact under CEQA.

Implementation of the following mitigation measures would ensure that the impact to nesting birds remain less than significant:
• Mitigation BIO-1 (Avoidance). In order to avoid impacts to nesting or migratory birds and raptors, construction will occur, wher e possible, outside the nesting season, or between September 1 and January 31.

• Mitigation BIO-2 (Pre-construction Surveys). If construction must occur during the nesting season (February 1 -August 31), a qualified biologist will conduct preconstruction su rveys for active migratory bird and raptor nests within 10 days of the onset of these activities. Nest surveys will include all areas on and within 500 feet of the project site, where accessible. Inaccessible areas will be surveyed using binoculars or a sp otting scope. If no active nests are found within the survey area, no further mitigation is required.

• Mitigation BIO-3 (Nest Monitoring). Should any active nests be discovered in or near proposed construction zones, prior to initiation of construction activities a qualified biologist will conduct a survey to establish a behavioral baseline of all identified nests. Once construction begins, the qualified biologist will continuously monitor nests to detect behavioral changes resulting from the project. If behavioral changes occur, the work causing that change will cease and CDFW will be consulted for additional avoidance and minimization measures.

• Mitigation BIO-4 (Establish Buffers). If continuous monitoring of identified nests by a qualified wildlife biologist is not feasible, a minimum no-disturbance buffer of 250 feet around active nests of non-listed bird species and a 500-foot no-disturbance buffer around active nests of non-listed raptors will be established. These buffers will remain in place until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these no disturbance buffers is possible when there is compelling biological or ecological reason to do so, such as when the construction area would be concealed from a nest site by topography. A qualified wildlife biologist will advise and support any variance from these buffers and notify CDFW in advance of implementing a variance.
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Compliance with the above mitigation measures would reduce impacts to nesting raptors and migratory birds to a less than significant level under CEQA and ensure compliance with state and federal law.

Criterion BIO3 - Conflict with any Local Policies or Ordinances Protecting Biological Resources, such as a Tree Preservation Policy or Ordinance: A number of relatively small, planted valley oak trees were identified on the site. These trees appear to be protected by City of Visalia’s Oak Tree Mitig ation Policy (2007), which was developed pursuant to Visalia Municipal Code. The onsite oaks are outside the development footprint and their removal is not anticipated. As a result, the project is in compliance with City policies pertaining to oaks. Additi onally, the project is in compliance with other City policies pertaining to biological resources. No known Habitat Conservation Plans are in effect for the area.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR, but are also bein g re - examined and updated within this current Initial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in the surrounding environmental or regulatory setting that have occurred since the Ge neral Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the City of Visalia G eneral Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR. 184
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V. CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Cause a substantial adverse change in the
significance of a historical resource as
defined in §15064.5?

b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?

c. Disturb any human remains, including
those interred outside of formal
cemeteries?

RESPONSES
a. Cause a substantial adverse change in the sign ificance of a historical resource pursuant to §15064.5?
b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
c. Disturb any human remains, including those interred outside of formal cemeteries? Less than Significant Impact with Mitigation. Refer to Appendix C - Cultural / Historic Resource Information Memorandum for more information pertaining to this topic.

The Project Area of Potential Effect (APE) is approximately 2-acres and consists of a highly maintained stretch of Packwood Creek tha t supports irregular seasonal flows and little vegetation, and is confined by levees. The proposed project entails construction of a box culvert over Packwood Creek and the modification of approximately 290 linear feet of the creek channel to accommodate t he culvert. The surrounding area is comprised of ruderal/developed lands that contain a stretch of paved recreational trail and planted trees and shrubs. It should be noted that the entire Project APE consists of land that has been previously graded/formed to its current configuration. The heavily developed area has been disturbed through various activities including from housing developments, large retail shopping centers , and intense maintenance of the Packwood Creek channel and surrounding area. These de velopments required 185
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extensive ground disturbance and grading activities which has left the existing APE void of natural or undisturbed areas.

As part of the City’s General Plan Update, a records search was conducted through the California Historical Resour ces Information System at the Southern San Joaquin Valley Information Center.

According to the search, there have been 152 archaeological investigations that had been performed in the City. Seven archaeological resources were identified, however, none are located on or near the Project APE. Due to resource protection concerns, the locations of the seven archaeological resources are not disclosed.4
The City maintains a Local Register of Historic Structures, which features approximately 340 buildings, including residential, commercial, civic, and religious structures. These are classified in three categories:
exceptional, focus, and background structures. Exceptional structures or sites are those having preeminent historical, cultural, architectural, archaeo logical, or aesthetic significance, considered candidates for nomination to the National Register of Historic Places. Currently, four of these buildings have national and State historic designation: the Bank of Italy Building on East Main Street; the U.S. Post Office on West Acequia Avenue; Hyde House on South Court Street; and the Pioneer statue in Mooney Grove Park. None of these are located near the Project APE.

There are no structures that will require demolition for Project implementation to occur. See Figure 2 for the aerial depiction of the Project disturbance area.

Although no other cultural or archaeological resources, paleontological resources or human remains have been identified in the Project area, the possibility exists that such resources or remains may be discovered during Project site preparation, excavation and/or grading activities. Mitigation Measures CUL – 1 and CUL – 2 will be implemented to ensure that Project will result in less than significant impacts with mitigation.

Mitigation Measure CUL – 1. Archaeological Resources.

Should evidence of prehistoric archeological resources be discovered during construction, the contractor shall halt all work within 25 feet of the find and the resource shall be evaluated by a qualified archaeologist. If evidence of any archaeological, cultural, and/or historical deposits is found, hand excavation and/or mechanical excavation shall proceed to evaluate the deposits for determination of significance as defined by the CEQA guidelines. The archaeologist shall submit reports, to the satisfaction of the City, describing the testing program and subsequent results.

4 Visalia General Plan Update EIR (2014), page 3.12-3.
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These reports shall identify any program mitigation that the Project proponent shall complete in order to mitigate archaeological impacts (including resource recovery and/or avoidance testing and analysis, removal, reburial, and curation of archaeological resources).

Mitigation Measure CUL – 2. Human Remains.

In order to ensure that the proposed Project does not impact buried human remains during Project construction, the Project proponent shall be responsible for on-going monitoring of Project construction. Prior to the issuance of any grading permit, the Project proponent shall provide the City with documentation identifying construction personnel that will be responsible for on -site monitoring. If buried human remains are encountered during construction, further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall be halted until the Tulare County coroner is contacted and the coroner has made the determinations and notifications required pursuant to Health and Safety Code Section 7050.5. If the coroner determines that Health and Safety Code Section 7050.5(c) require that he give notice to the Native American Heritage Commission, then such notice shall be given within 24 hours, as required by Health and Safety Code Section 7 050.5(c). In that event, the NAHC will conduct the notifications required by Public Resources Code Section 5097.98. Until the consultations described below have been completed, the landowner shall further ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices where Native American human remains are located, is not disturbed by further development activity until the landowner has discussed and conferred with the Most Likely Descendants on all reasonable options regarding the descendants' preferences and treatments, as prescribed by Public Resources Code Section 5097.98(b). The NAHC will mediate any disputes regarding treatment of remains in accordance with Public Resources Code Section 5097.94(k). The landowner shall be entitled to exercise rights established by Public Resources Code Section 5097.98(e) if any of the circumstances established by that provision become applicable.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within this current Initial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in 187
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the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR.

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VI. ENERGY
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?

b. Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?

RESPONSES
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. The proposed Project involves construction of a box culvert over Packwood Creek and the modification of approximately 290 linear feet of the creek channel to accommodate the culvert. During construction, the Project would consume energy in two general forms:
(1) the electricity and fuel energy consumed by construction vehicles and equipment; and (2) bound energy in construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass. Title 24 Building Energy Efficiency Standards would provide guidance on construction techniques to maximize energy conservation and it is expected that contractors and the Project Sponsors have a str ong financial incentive to use recycled materials and products originating from nearby sources in order to reduce materials costs. As such, it is anticipated that materials used in construction and construction vehicle fuel energy would not involve the wasteful, inefficient, or unnecessary consumption of energy.

Operational Project energy consumption would be minimal, as the box culvert does not require energy once it is installed. Operational energy would also be consumed during each vehicle trip associated with the proposed use for maintenance or otherwise.
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As discussed in Impact XVII – Transportation/Traffic, the proposed Project is intended to accommodate existing and projected growth in the area. Adopted federal vehicle fuel standards have continuall y improved since their original adoption in 1975 and assists in avoiding the inefficient, wasteful, and unnecessary use of energy by vehicles.

As discussed previously, the proposed Project would be required to implement and be consistent with existing energy design standards at the local and state level, such as Title 24. The Project would also be subject to energy conservation requirements in the California Energy Code and CALGreen. Adherence to state code requirements would ensure that the Project would not result in wasteful and inefficient use of non-renewable resources due to building operation.

Therefore, any impacts are less than significant.

Mitigation Measures: None are required.
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VII. GEOLOGY AND SOILS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporatio
n
Less than
Significant
Impact
No
Impact
a. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
i. Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the State
Geologist for the area or based on
other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.

ii. Strong seismic ground shaking?
iii. Seismic-related ground failure,
including liquefaction?

iv. Landslides?
b. Result in substantial soil erosion or the
loss of topsoil?

c. Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction or collapse?

d. Be located on expansive soil, as defined
in Table 18-1-B of the most recently

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adopted Uniform Building Code creating
substantial direct or indirect risks to life
or property?
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?

f. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?

RESPONSES
a-i. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication

42. a-ii. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? a-iii. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction? a-iv. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides?
Less Than Significant Impact. The proposed Project site is not located in an earthquake fault zone as delineated by the 1972 Alquist-Priolo Earthquake Fault Zoning Map Act.

Visalia is located in a seismically stable region of the State. No active faults are known to exist in the Planning Area; the major, historically active fault systems—the San Andreas Fault and the Owens Valley Fault Group—are located 75 and 125 miles to the west and east, respectively. As a result, the risk of surface rupture is very low. The City has very little elevation change; therefore, the risk of landslides is minimal. No specific liquefaction hazard areas have been identified in the City’s Planning Area; however 192
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the potential for liquefaction is recognized throughout the San Joaquin Valley in locations where the water table is high. Ground shaking is considered the greatest seismic hazard in the City’s Planning Area.

Low levels of shaking, with less frequency, would be expected to damage weaker masonry buildings, and very infrequent, large earthquakes could cause strong shaking. Given the distance to major faults, the region is considered to have a relatively low ground shaking hazard.5 The Project site is underlaid by Grangeville sandy loam, drained, 0 to 2 percent slopes (See Biological Evaluation – Appendix B). The elevation of the Project site is approximately 320 feet National Geodetic Vertical Datum.

The proposed Project involves construction of a box culvert over Packwo od Creek and the modification of approximately 29 0 linear feet of the creek channel to accommodate the culvert. There are no habitable structures or other features associated with the Project that would expose people to substantial seismic- related adverse effects. However, it is anticipated that the proposed Project site would be subject to some ground acceleration and ground shaking associated with seismic activity during its design life. The Project site would be engineered and constructed in strict accordance with the earthquake resistant design requirements contained in the latest edition of the California Building Code (CBC), as well as Title 24 of the California Administrative Code, and therefore would avoid potential seismically induced hazards on planned facilities. The impact of seismic hazards on the Project would be less than significant.

Mitigation Measures: None are required.

b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in Table 18-1-B of the most recently adopted Uniform Building Code creating substantial risks to life or property? Less than Significant Impact. Construction activities associated with the Project involves some excavation as well as ground pr eparation work for new pavement and concrete for roadway and curb/gutter/sidewalk. These activities could expose barren soils to sources of wind or water, resulting in

5 Visalia General Plan Update EIR (2014), page 3.7-12.
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the potential for erosion and sedimentation on and off the Project site. During construc tion, nuisance flow caused by minor rain could flow off-site. The City and/or contractor would be required to employ appropriate sediment and erosion control BMPs as part of a Stormwater Pollution Prevention Plan (SWPPP) that would be required in the Calif ornia National Pollution Discharge Elimination System (NPDES). In addition, soil erosion and loss of topsoil would be minimized through implementation of the SVJAPCD fugitive dust control measures (See Section III). Once construction is complete, the Project would not result in on-going soil erosion or loss of topsoil. Therefore, there is a less than significant impact.

Mitigation Measures: None are required.

e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The proposed Project does not include the construction or usage of septic tanks or alternative wastewater disposal systems. No new septic system s or alternative wastewater disposal system s are proposed and none are required for the Project. There is no impact.

Mitigation Measures: None are required.

f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact. As identified in the cultural analysis prepared for the Project site, there are no known paleontological resources on or near the site. (See Section V. for more details). Mitigation measures have been added that will protect unknown (buried) resources during construction, including paleontological resources. There are no unique geological features on site or in the area. Therefore, there is a less than significant impact.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within this current In itial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in 194
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the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR.

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VIII. GREENHOUSE GAS EMISSIONS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?

b. Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emissions of greenhouse gases?

RESPONSES
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less Than Significant Impact. Construction of the Project would generate short -term emissions of greenhouse gases. As shown in Table 1, CO2 emissions were determined to be 235.78 tons. If emissions are amortized over a 30-year period to account for their contribution to Project lifetime greenhouse gas emissions, the result is well below the Council of Environmental Q uality (CEQ) presumptive threshold of 25,000 MTCO2e. Construction emissions would therefore have a less than cumulatively considerable contribution to global climate change impacts.

As noted earlier, the Project is being implemented in response to existing and planned growth in the area. Once extended and the box culvert completed, S. Stonebrook Street will provide a major access point to urban areas in southern Visalia. The City’s General Plan identified Stonebrook Street as a future four-lane collector. Collectors serve as connectors between local and arterial streets and provide direct access to parcels. The Project itself will improve local roadway operations, but would not generat e additional vehicle trips on Stonebrook Street beyond what was already planned for and analyzed in the City’s General Plan EIR. The Project is not therefore considered growth inducing. Therefore, the Project would not increase mobile source greenhouse gas emissions beyond what was previously analyzed in the City’s General Plan EIR. Because construction of the Project will result in less than significant increases in CO2 emissions, it is therefore not in conflict with any greenhouse gas reducing plans, policies, or regulations. Therefore, there is a less than significant impact. 196
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Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic we re analyzed within the General Plan EIR, but are also being re - examined and updated within this current Initial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in the surrounding environme ntal or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR. 197
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IX. HAZARDS AND HAZARDOUS

MATERIALS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?

b. Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?

c. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?

d. Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?

e. For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
the project result in a safety hazard or
excessive noise for people residing or
working in the project area?

f. Impair implementation of or physically
interfere with an adopted emergency

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IX. HAZARDS AND HAZARDOUS

MATERIALS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
response plan or emergency evacuation
plan?
g. Expose people or structures either directly
or indirectly to a significant risk of loss,
injury or death involving wildland fires?

RESPONSES
a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
a. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact. Construction of the Project would require the use and transport of hazardous materials, including fuels, oils, and other chemicals (e.g., paints, lead, adhesives, etc.) typically used during construction. It is likely that these hazardous materials and vehicles would be stored by the contractor(s) on- site during construction activities. Improper use and transportation of hazardous materials could result in accidental releases or spills, potentially posing health risks to workers, the public, and the environment.

However, all materials used during construction would be contained, stored, and handled in compliance with applicable standards and regulations established by the Department of Toxic Substances Control (DTSC), the U.S. Environmental P rotection Agency (EPA) and the Occupational Safety and Health Administration (OSHA). In addition, a Storm Water Pollution Prevention Plan (SWPPP) is required for the Project and shall include emergency procedures for incidental hazardous materials releases . The SWPPP also includes Best Management Practices which includes requirements for hazardous materials storage. Therefore, no significant impacts would occur during construction activities.

The use of hazardous materials would be confined to the Project construction period. The Project itself, once constructed, will not contain, use or produce any hazardous materials.

The proposed Project would not create a significant hazard through the routine transport, use, or disposal of hazardous materials, nor would a significant hazard to the public or to the environment through the reasonably foreseeable upset and accidental conditions involving the likely release of hazardous materials 199
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into the environment occur. Therefore, the proposed Project will not create a significant hazard to the public or the environment and any impacts would be less than significant.

Mitigation Measures: None are required.

c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. No schools are located within 0.25 mile of the Project site. This condition precludes the possibility of activities associated with the proposed Project exposing schools within a 0.25‐mile rad ius of the Project site to hazardous materials. As identified in Impacts a. and b. above, the Project would not result in the use or emission of substantial quantities of hazardous materials that would pose a human or environmental health risk. Because of the lack of potential hazardous materials, intervening land uses, and lack of direct impact/access to the school from the Project site, the impact is considered less than significant.

Mitigation Measures: None are required.

d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No Impact. The proposed Project site is not located on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 (Geotracker and DTSC Envirostor databases – accessed in July 2021).6 There are no hazardous materials sites that impact the Project. As such, no impacts would occur that would create a significant hazard to the public or the environment.

Mitigation Measures: None are required.

6 California Department of Toxic Substances Control. Envirostor Database. https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=s+stonebrook+street+visalia%2C+ca. Accessed July 2021. 200
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e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? Less Than Significant Impact. The Visalia Municipal Airport is located approximately 4.8 miles northwest of the Project site. The proposed Project involves construction of a box culvert over Packwood Creek and the modification of approximately 290 linear feet of the creek channel to accommodate the culvert. The Project does not include any above ground structures (other than standard street lighting and railing). The Project will not otherwise conflict with any adopted airport land use plans. Thus, t he Project will have a less than significant impact on airport safety.

Mitigation Measures: None are required.

f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less Than Significant Impact. The proposed Project site will be accessible via the existing roadway , temporary access road s and/or other methods to ensure that emergency access will be maintained throughout construction. The construction contractor will be required to coordinate with the City during construction activities to maintain adequate emergency access. As such, the Project will not interfere with any adopted emergency response or evacuation plan. There is a less than significant impact.

Mitigation Measures: None are required.

g. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
No Impact. There are no residences or structures on or near the Project site that would be at increased risk of wildfire due to the Project. There are no wildlands in the area. Once constructed, the road will not create an increased risk of fire. There is no impact.

Mitigation Measures: None are required.
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CEQA Guidelines Section 15152 Findings:

1. The propos ed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within this current Initial Study to determine site -specific environmental impacts and because of changes to the CEQA G uidelines and/or changes in the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR.

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X. HYDROLOGY AND WATER

QUALITY
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact No Impact
a. Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface or
ground water quality?

b. Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?

c. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:

i. Result in substantial erosion or
siltation on- or off- site;

ii. substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
offsite;

iii. create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater drainage
systems or provide substantial additional
sources of polluted runoff; or

iv. impede or redirect flood flows?
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X. HYDROLOGY AND WATER

QUALITY
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact No Impact
d. In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?

e. Conflict with or obstruct implementation
of a water quality control plan or
sustainable groundwater management
plan?

RESPONSES
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less Than Significant Impact . The Project has the potential to impact water quality standards and/or waste discharge requirements during construction (temporary impacts) and operation (polluted stormwater runoff due to an increase in impervious surfaces). Impacts are discussed below.

Construction
Although the proposed Project site is relatively small in scale, grading, excavation, removal of vegetation cover, and loading activ ities associated with construction activities could temporarily increase runoff, erosion, and sedimentation. Construction activities also could result in soil compaction and wind erosion effects that could adversely affect soils and reduce the revegetation potential at construction sites and staging areas.

Three general sources of potential short-term construction-related stormwater pollution associated with the proposed Project are: 1) the handling, storage, and disposal of construction materials containi ng pollutants; 2) the maintenance and operation of construction equipment; and 3) earth moving activities which, when not controlled, may generate soil erosion and transportation, via storm runoff or mechanical equipment. Generally, routine safety precauti ons for handling and storing construction materials may effectively mitigate the potential pollution of stormwater by these materials. These same types of common sense, “good housekeeping” procedures can be extended to non -hazardous stormwater pollutants such as sawdust and other solid wastes.
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Poorly maintained vehicles and heavy equipment leaking fuel, oil, antifreeze, or other fluids on the construction site are also common sources of stormwater pollution and soil contamination. In addition, grading activities can greatly increase erosion processes. Two general strategies are recommended to prevent construction silt from entering local storm drains. First, erosion control procedures should be implemented for those areas that must be exposed. Secondly, the area should be secured to control offsite migration of pollutants. These Best Management Practices (BMPs) would be required in the Stormwater Pollution Prevention Plan (SWPPP) to be prepared prior to commencement of Project construction. When properly designed and implemented, these “good-housekeeping” practices are expected to reduce short- term construction-related impacts to less than significant.

In accordance with the National Pollution Discharge Elimination System (NPDES) Stormwater Program, as discuss ed in Section 3.5 Geology and Soils , the Project will be required to comply with existing regulatory requirements to prepare a SWPPP designed to control erosion and the loss of topsoil to the extent practicable using BMPs that the Regional Water Quality Co ntrol Board (RWQCB) has deemed effective in controlling erosion, sedimentation, runoff during construction activities. The specific controls are subject to the review and approval by the RWQCB and are an existing regulatory requirement.

Operation
The prop osed Project would result in a minor amount of new impervious areas associated with the culvert. This will consist of the culvert structure itself, wingwalls and a concreate headwall structure.

Total new impervious surface is less than 1/10 th of an acre. However, the Project is designed to direct stormwater run -off to the existing storm drain system and will incorporate appropriate pollution prevention and BMPs in accordance with City design standards and RWQCB requirements. The Project would not contribute significantly more runoff or polluted water than produced by the existing roadway and shoulders.

Therefore, the impact is less than significant.

Mitigation Measures: None are required.

b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No Impact. The proposed Project, once operational, will not require on-going use of water and therefore would not affect an aquifer or local water table. Therefore, the Project will have no impact.

Mitigation Measures: None are required.
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c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. result in substantial erosion or siltation on- or offsite; ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv. impede or redirect flood flows?
Less Than Significant Impact. Packwood Creek traverses the project site from east to west. The stream channel at this location is an earthen trapezoidal channel modified for flood control purposes. The channel showed evidence of recent scraping, presumably to manage vegetation. The stream is seasonally inundated during the spring and summer months.

As identified in Section IV – Biological Resources, the California Department of Fish & Wildlife (CDFW) has jurisdiction over the bed and bank of natural drainages and lakes according to provisions of Section 1601 and 1602 of the California Fish and Game Code. Activities that may substantially modify such waters through the diversion or obstruction of their natural flow, change or use of any material from their bed or bank, or the deposition of debris require a Notification of Lake or Streambed Alteration. If CDFW determines that the activity may adversely affect fish and wildlife resources, a Lake or Streambed Alteration Agreement will be prepared. Such an agreement typically stipulates t hat certain measures will be implemented to protect the habitat values of the lake or drainage in question. Refer to Section IV – Biological Resources for more information pertaining to the required regulatory permits for the Project.

The Project includes minor changes to the existing stormwater drainage pattern of the area through the installation of the box culvert, asphalt, curb, gutter, sidewalks and related improvements. However, stormwater on the existing and proposed impervious surfaces would be coll ected via the existing drainage system. As described in impact a. above, the Project would not contribute significantly more runoff or polluted water than produced by the existing conditions and drainage patterns in the surrounding area would not be signif icantly altered. In addition, the Project would not otherwise degrade water quality. Therefore, the Project will have a less than significant impact.

Mitigation Measures: None are required.

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d. In flood hazard, tsunami or seiche zones, risk release of pollutants due to project inundation? Less Than Significant Impact. According to Figure 3.6-1 of the City’s General Plan EIR, the Project site is not within a designated flood zone. Additionally, because the Project involves construction of a box culvert and does not include any housing or structures that would be subject to flooding either from a watercourse or from dam inundation, the risk of damage or release of pollutants is minimal. There are no bodies of water near the site that would create a potential risk of hazards from seiche, tsunami or mudflow. Therefore, the impacts are considered to be less than significant.

Mitigation Measures: None are required.

e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant Impact. The Project is required to comply with all rules, regulations and policies pertaining to water quality (see Response a. above). The Project would not oth erwise conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan, as the Project does not require on-going use of water (once constructed). Therefore, any impacts are less than significant.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. Th e environmental impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within this current Initial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines an d/or changes in the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR. 207
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XI. LAND USE AND PLANNING
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Physically divide an established
community?

b. Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?

RESPONSES
a. Physically divide an established community?
b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General Plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The Project has no characteristics that would physically divide the City of Visalia. S.

Stonebrook Street currently exists in two short segments; one to the north of the Project site and one to the south. Connecting these portions of roadway via construction of the box culvert will not divide the community. It is intended to improve traffic flow and pedestrian/bic ycle access in the surrounding commercial and residential areas. The Project is consistent with the City’s General Plan and there are no plans that the Project conflicts with. Therefore, there is no impact.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within this current In itial Study to determine site -specific 208
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environmental impacts and because of changes to the CEQA Guidelines and/or changes in the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR.

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XII. MINERAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Result in the loss of availability of a
known mineral resource that would be of
value to the region and the residents of
the state?

b. Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?

RESPONSES
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. There are no known mineral resources in the proposed Project area and the site is not included in a State classified mineral resource zones. Therefore, there is no impact.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within this current Initial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.
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2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the sco pe of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR.

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XIII. NOISE
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Generation of a substantial temporary or
permanent increase in ambient noise
levels in the vicinity of the project in
excess of standards established in the local
general plan or noise ordinance, or
applicable standards of other agencies?

b. Generation of excessive groundborne
vibration or groundborne noise levels?

c. For a project located within the vicinity of
a private airstrip or an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?

RESPONSES
a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
b. Generation of excessive groundborne vibration or groundborne noise levels? Less than Significant Impact. The nearest sensitive noise receptors are the existing residential homes located less than one -quarter mile east, southeast and northwest of the Project area. The h omes are separated from the proposed culvert area by vacant land and intervening land uses . Both short-term (construction) and long-term (operational) noise impacts are discussed herein.

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Short-term (Construction) Noise Impacts
Proposed Project construction related activities will involve temporary noise sources and are anticipated to begin in Year 2022. Typical construction related equipment include graders, trenchers, small tractors and excavators. During the proposed Project construction, noise from construction related activities will contribute to the noise environment in the immediate vicinity. Activities involved in construction will generate maximum noise levels, as indicated in Table 2, ranging from 79 to 91 dBA at a di stance of 50 feet, without feasible noise control (e.g., mufflers) and ranging from 75 to 80 dBA at a distance of 50 feet, with feasible noise controls.

Table 2
Typical Construction Noise Levels

Type of Equipment dBA at 50 ft
Without Feasible Noise Control With Feasible Noise Control Dozer or Tractor 80 75
Excavator 88 80
Scraper 88 80
Front End Loader 79 75
Backhoe 85 75
Grader 85 75
Truck 91 75

The distinction between short-term construction noise impacts and long-term operational noise impacts is a typical one in both CEQA documents and local noise ordinances, which generally recognize the reality that short -term noise from construction is inevi table and cannot be mitigated beyond a certain level. Thus, local agencies frequently tolerate short -term noise at levels that they would not accept for permanent noise sources. A more severe approach would be impractical and might preclude the kind of construction activities that are to be expected from time to time in urban environments. Most residents of urban areas recognize this reality and expect to hear construction activities on occasion.

8.36.050 of the City’s Noise Ordinance addresses construction activities as they pertain to noise . The Project contractor will be required to adhere to hours of construction between 6:00 AM and 7:00 PM Monday through Friday and between 9:00 AM and 7:00 PM on Saturday and Sunday. However, in order to minimize the timeframe of disruption from construction activities (such as lane closures / detours), the contractor may be allowed to perform some work outside of these established hours at the discretion of the City.

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Long-term (Operational) Noise Impacts
The Project is being implemented in response to existing and planned growth in the area. Once extended and the box culvert is completed, S. Stonebrook Street will provide a major access point to urban areas in southern Visalia and was identified in the City’s General Plan as a future four-lane collector. Collectors serve as connectors between local and arterial streets and provide direct access to parcels. Project itself will improve local roadway operations, but would not generate additional vehicle trips on Stonebrook Street beyond what was already planned for and analyzed in the City’s General Plan EIR. The Project is not therefore considered growth inducing and will not result in noise impacts beyond what was previously analyzed in the City’s General Plan EIR.

According to the City’s General Plan EIR, major noise sources in Visalia are related to roadways, vehicle traffic, and railroad noises. The area of Project construction is located in a developed area near roadways that are heavily travelled (W. Caldwell Avenue, S. Mooney Boulevard ). The City’s General Plan EIR, does not have projected traffic noise levels for Stonebrook Street because at the time of the document’s adoption, this segment of Stonebrook did not exist. However, the Project site is included in the City’s Future Noise Contours . 7 When future development projects are proposed (such as residential or commercial) in areas within the City’s Noise Contours, such developments may require sound attenuation measures such as noise barriers.

The Project involves constructing a box culvert over Packwood Creek that will connect a future extension of Stonebrook Street from the Visalia Parkway (Avenue 276) alignment north to Caldwell Avenue. Noise from the Project will be similar to existing conditions and will generally include noise from vehicles.

According to the City’s General Plan:
• Except under special conditions, a change in sound level of 1 decibel (dB) cannot be perceived; • A 3 dB change is considered a just noticeable difference; • A 5 dB change is required before any noticeable change in community response would be expected. A 5 dB increase is often considered a significant impact; and • A 10 dB increase is subjectively heard as an approximate doubling in loudness and almost always causes an adverse community response.

7 Visalia General Plan EIR, page 3.10-31, Figure 3.10-3. 214
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Due to intervening land uses and distance, Project implementation is not expected to significantly increase noise levels in the area.

The Project is not therefore considered growth inducing and will not result in significant noise impacts beyond what was previously analyzed in the City’s General Plan EIR. Therefore, the impact is considered less than significant.

Mitigation Measures: None are required.

e. For a project located within an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact. The Visalia Municipal Airport is located approximately 4.5 miles northwest of the Project site. However, the Project consists of construction of a box culvert and does not include any above ground structures (other than standard street lighting and railing). The Project will not otherwise conflict with any adopted airport land use plans or expose people to excessive airport noise. Thus, the Project will have a less than significant impact from airport noise levels.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within this current In itial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR. 215
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XIV. POPULATION AND HOUSING
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Induce substantial population growth in
an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension
of roads or other infrastructure)?

b. Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?

RESPONSES
a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No Impact. There are no new homes associated with the proposed Project and there are no residential structures currently on -site. The Project is being implemented in response to existing and planned growth in the area. Once extended and culvert construction is completed, Stonebrook Street will provide a major access point to urban areas in southern Visalia and was identified in the City’s General Plan as a future four lane collector. Collectors serve as connectors between local and arterial streets and provide direct access to parcels. The Project itself will provide the infrastructure necessary for future construction of Stonebrook Street between W. Caldwell Avenue and W. Cameron Avenue. Future construction of this road segment will improve local roadway operations, but would not generate additional vehicle trips on Stonebrook Street beyond what was already planned for and analyzed in the City’s General Plan EIR.

The Project is not therefore considered growth inducing.

The proposed Project will not affect any regional po pulation, housing, or employment projections anticipated by City of Visalia policy documents. Therefore, there is no impact. 216
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Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within th is current Initial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR.

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XV. PUBLIC SERVICES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?

RESPONSES
a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

Fire protection?
No Impact. The proposed Project site will continue to be served by the City’s Fire Department. The nearest station is Fire Station 52, located approximately 0.8 miles northwest of the Project site at 2211 W.

Whitendale Avenue. No additional fire personnel or equipment is anticipated to be needed, as the site is 218
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already served by the Fire Station and the Project would not require an increase in fire protection services to serve the Project. There is no impact.

Police Protection?
No Impact. The proposed Project will continue to be served by the City’s Police Department. No additional police personnel or equipment is anticipated to be needed, as the site is already served by the Police Department and the Project would not require an increase in police protection services to serve the Project. There is no impact.

Schools?
No Impact. The direct increase in demand for schools is normally associ ated with new residential projects that bring new families with school -aged children to a region. The proposed Project does not contain any residential uses. The proposed Project, therefore, would not result in an influx of new students in the Project area and is not expected to result in an increased demand upon District resources and would not require the construction of new facilities. There is no impact.

Parks?
No Impact. The Project would not result in an increase in demand for parks and recreation facilities because it would not result in an increase in population. There is no impact.

Other public facilities?
No Impact. The proposed Project is not growth inducing and is within the land use and growth projections identified in the City’s General Plan and other infrastructure studies. The Project, therefore, would not result in increased demand for, or impacts on, other public facilities such as library services.

Accordingly, no impact would occur.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within this current Initial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in 219
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the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR.

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XVI. RECREATION
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?

b. Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?

RESPONSES
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. The Project has no design, construction or operational characteristics that would necessitate the need for new or expanded facilities related to recreational facilities. There is no housing related or population inducing component of the Project. However, the Project is likely to improve pedestrian and bicycle access along the road segment, thereby resulting in improved recreational opportunities. Therefore, there is no impact.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental 221
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impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within this current Initial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in the surrounding environmental or regulatory setting that have occurre d since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the Cit y of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR. 222
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XVII. TRANSPORTATION/

TRAFFIC
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Conflict with a program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?

b. Would the project conflict or be inconsistent
with CEQA Guidelines section 15064.3,
subdivision (b)?

c. Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?

d. Result in inadequate emergency access?

RESPONSES
a. Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d. Result in inadequate emergency access?
Less Tha n Significant. The proposed construction of the Stonebrook Culvert and the associated improvements was identified in Table 3.2-5 of the City’s General Plan EIR (certified in 2014) as a planned circulation system improvement project in the City. The Project includes constructing a Culvert over Packwood Creek that will connect a future extension of Stonebrook Street from the Visalia Parkway (Avenue 276) alignment north to Caldwell Avenue. Construction of the Culvert will impact 223
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approximately 290 linear feet of Packwood Creek and entail the widening of the channel both upstream and downstream of the culvert, grading within the channel, construction of various structures in the creek bed, the placement of concrete rip-rap and rock and gunite on the channel banks, the placement of rock on the bottom of the creek downstream of the culvert, and the installation of erosion control blanket on the upper channel banks both upstream and downstream of the culvert. The Project is being implemented in response to exi sting and planned growth in the area in accordance with the City’s General Plan. Once extended and the box culvert is completed, Stonebrook Street will provide a major access point to urban areas in southern Visalia and was identified in the City’s General Plan as a future four lane collector. Collectors serve as connectors between local and arterial streets and provide direct access to parcels. The Project itself will provide the infrastructure necessary for future construction of Stonebrook Street between W. Caldwell Avenue and W. Cameron Avenue. Future construction of this road segment will improve local roadway operations, but would not generate additional vehicle trips on Stonebrook Street beyond what was already planned for and analyzed in the City’s G eneral Plan EIR.

The Project is not therefore considered growth inducing and will not result in additional vehicle traffic impacts beyond what was previously analyzed in the City’s General Plan EIR.

The Project is in response to growth projected by the Ci ty’s General Plan and would not generate new vehicle trips in and of itself, therefore it would not result in any new traffic that would exceed the capacity of the street system. Although the Project would not generate new vehicle trips beyond what was analyzed in the City’s General Plan EIR, construction of the Project could result in temporary increase in traffic volumes and disruption of traffic flow during construction activities. The Project will likely require lane closures, minor detours and other tr affic disrupting activities during construction. However, the Project site will be accessible via the existing roadway, temporary access lanes and/or other methods to ensure that emergency access will be maintained throughout construction. The constructio n contractor will be required to coordinate with the City during construction activities to maintain adequate emergency access.

Therefore, because the Project is in response to existing and projected development in the area and will not result in addition al vehicle traffic impacts beyond what was previously analyzed in the City’s General Plan EIR, there is a less than significant impact.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental 224
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impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within this current Initial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document.

3. The project site was included within the scope of the City of Visalia General Plan EIR (S CH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR.

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XVIII. TRIBAL CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Cause a substantial adverse change in the
significance of a tribal cultural resource,
defined in Public Resources Code section
21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of
the landscape, sacred place, or object with
cultural value to a California Native
American tribe, and that is:
i. Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
Public Resources Code section
5020.1(k), or

ii. A resource determined by the lead
agency, in its discretion and
supported by substantial evidence, to
be significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code section 5024.1. In
applying the criteria set forth in
subdivision (c) of the Public
Resources Code section 5024.1, the
lead agency shall consider the
significance of the resource to a
California Native American tribe.

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RESPONSES
a). Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Less than Significant Impact. A Tribal Cultural Resource (TCR) is defined under Public Resources Code section 21074 as a site, feature, place, cultural landscape that is geographically defined in terms of size and scope, s acred place, and object with cultural value to a California Native American tribe that are either included and that is listed or eligible for inclusion in the California Register of Historic Resources or in a local register of historical resources . In addition, the City of Visalia, acting as the Lead A gency, supported by substantial evidence, can choose at its discretion to treat the resource as a TCR. As discussed herein, under Section V, Cultural Resources, criteria (b) and (d), no known archeological resources, ethnographic sites or Native American remains are located on the p roposed Project site. As discussed under criterion (b) implementation of Mitigation Measure CUL -1 would reduce impacts to unknown archaeological deposits, including TCRs, to a less than significant level. As discussed under criterion (d) , compliance with California Health and Safety Code Section 7050.5 would reduce the likelihood of disturbing or discovering human remains, including those of Native Americans. The City has determined that the proposed Project does not meet the City’s criteria to conduct additional Tribal consultation. Therefore, any impacts to TCR would be considered less than significant.

Mitigation Measures: No additional measures are required.

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XIX. UTILITIES AND SERVICE SYSTEMS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?

b. Have sufficient water supplies available to
serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?

c. Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it has
adequate capacity to serve the project’s
projected demand in addition to the
provider’s existing commitments?

d. Generate solid waste in excess of State or
local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals?

e. Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?

RESPONSES

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a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Less than Significant Impact. Once operational, the Project will not generate wastewater and therefore does not have the potential to exceed wastewater treatment capacity or requirements of the RWQCB. The Project (once operational) would also not utilize potable water (See Section X – Hydrology & Water Quality for more information pertaining to water use). Since the Project consists of a box culvert and roadway improvements, the Project would not generate solid waste on an on -going basis and therefore would not exceed the capacity of local landfills.

Therefore, the impact is less than significant.

Mitigation Measures: None are required.

CEQA Guidelines Section 15152 Findings:

1. The proposed Project ( Stonebrook Street construction) was identified and included in the City’s General Plan EIR (SCH #2010141078) that was certified in 2014. The environmental impacts for this topic were analyzed within the General Plan EIR, but are also being re - examined and updated within this current In itial Study to determine site -specific environmental impacts and because of changes to the CEQA Guidelines and/or changes in the surrounding environmental or regulatory setting that have occurred since the General Plan EIR was certified.

2. Policies and Mitigation Measures from the General Plan EIR addressed Project impacts except where new mitigation is included within this current document. 229
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3. The project site was included within the scope of the City of Visalia General Plan EIR (SCH #2010141078), and cumulative impacts for this topic were adequately addressed in that EIR. 230
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XX. WILDFIRE
If located in or near state responsibility
areas or lands classified as very high fire
hazard severity zones, would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Substantially impair an adopted emergency
response plan or emergency evacuation
plan?

b. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to,
pollutant concentrations from a wildfire or
the uncontrolled spread of a wildfire?

c. Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power
lines or other utilities) that may exacerbate
fire risk or that may result in temporary or
ongoing impacts to the environment?

d. Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?

RESPONSES
a. Substantially impair an adopted emergency response plan or emergency evacuation plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? 231
Stonebrook Street Culvert | Initial Study/MND
CITY OF VISALIA | Crawford & Bowen Planning, Inc. 83
d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Less Than Significant Impact. Once constructed, the proposed Project will not create an increased risk of fire as there is limited vegetation in the area and the Project itself does not expose people or structures to increased fire risks. Emergency access will be maintained in the area at all times. Therefore, there is a less than significant impact.

Mitigation Measures: None are required.
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CITY OF VISALIA | Crawford & Bowen Planning, Inc. 84

XXI. MANDATORY FINDINGS OF

SIGNIFICANCE
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a. Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of
California history or prehistory?

b. Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively
considerable” means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable future
projects)?

c. Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?

RESPONSES
a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict 233
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CITY OF VISALIA | Crawford & Bowen Planning, Inc. 85
the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less than Significant Impact With Mitigation. The analyses of environmental issues contained in this Initial Study indicate that the proposed Project is not expected to have substantial impact on the environment or on any resources identified in the Initial Study. Mitigation measures have been incorporated in the Project to reduce all potentially significant impacts to less than significant.

b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
Less than Significant Impact. CEQA Guidelines Section 15064(i) states that a Lea d Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects. Due to the nature of the Project and consistency with environmental policies, incremental contributions to impacts are considered less than cumulatively considerable. The proposed Project would not contribute substantially to adverse cumulative conditions, or create any substantial indirect impacts (i.e., increase in population could lead to an increased need for housing, increase in traffic, air pollutants, etc.). The impact is less than significant.

c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less than Significant Impact With Mitigation. The analyses of environmental issues contained in this Initial Study indicate that the project is not expected to have substantial impact on human beings, either directly or indirectly. Mitigation measures have been incorporated in the Project to reduce all potentially significant impacts to less than significant.
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MITIGATION AND MONITORING PROGRAM

This Mitigation Monitoring and Reporting Program (MMRP) has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for t he Stonebrook Street Culvert Project. The MMRP lists mitigation measures recommended in the IS/MND for the proposed Project and identifies monitoring and reporting requirements as well as conditions recommended by responsible agencies who commented on the project.

The first column of the Table identifies the mitigation measure. The second column, entitled “Party Responsible for Implement ing Mitigation,” names the party responsible for carrying out the required action. The third column, “Implementation Timing,” identifies the time the mitigation measure should be initiated. The fourth column, “Party Responsible for Monitoring,” names the party ultimately responsible for ensuring that the mitigation measure is implemented. The last column will be used by the City to ensure that individual mitigation measures have been monitored.

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Mitigation Measure
Party
responsible for
Implementing
Mitigation
Implementation
Timing
Party
responsible
for Monitoring
Verification
(name/date)
Mitigation Measure BIO - 1. Avoidance

In order to avoid impacts to nesting or migratory birds and raptors, construction will occur, where possible, outside the nesting season, or between September 1 and January 31.

City of Visalia
and
Construction
Contractor
Prior to and
during ground
disturbance
City of Visalia
and
Construction
Contractor

Mitigation Measure BIO - 2. Pre-construction Surveys

If construction must occur during the nesting season
(February 1 -August 31), a qualified biol ogist will conduct preconstruction surveys for active migratory bird and raptor nests within 10 days of the onset of these activities. Nest surveys will include all areas on and within 500 feet of the project site, where accessible. Inaccessible areas will be surveyed using binoculars or a spotting scope. If no active nests are found within the survey area, no further mitigation is required.

City of Visalia
and
Construction
Contractor
Prior to and
During
Construction
City of Visalia
and
Construction
Contractor

Mitigation Measure BIO - 3. Nest Monitoring

Should any active nests be discovered in or near proposed construction zones, prior to initiation of construction activities a qualified biologist will conduct a survey to establish a behavioral baseline of all identified nests. Once construction begins, the qualified biologist will continuously monitor nests to detect behavioral changes resulting from the project. If behavioral changes occur, the work causing that change will cease and CDFW will be consulted for
additional avoidance and minimization measures.

City of Visalia
and
Construction
Contractor
Prior to and
During
Construction
City of Visalia
and
Construction
Contractor

Mitigation Measure BIO-4. Establish Buffers

If continuous monitoring of identified nests by a qualified wildlife biologist is not feasible, a minimum no -disturbance buffer of 250 feet around active nests of non -listed bird species and a 500-foot no-disturbance buffer around active City of Visalia
and
Construction
Contractor
Prior to and
During
Construction
City of Visalia
and
Construction
Contractor

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Mitigation Measure
Party
responsible for
Implementing
Mitigation
Implementation
Timing
Party
responsible
for Monitoring
Verification
(name/date)
nests of non -listed raptors will be established. These buffers will remain in place until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these no disturbance buffers is possible when there is compelling biological or ecological reason to do so, such as when the construction area would be concealed from a nest site by topography. A qualified wildlife biologist will advise and support an y variance from these buffers and notify CDFW in advance of implementing a variance.

Mitigation Measure CUL-1. Archaeological Resources

Should evidence of prehistoric archeological
resources be discovered during construction, the
contractor shall halt all work within 25 feet of the
find and the resource shall be evaluated by a
qualified archaeologist. If evidence of any
archaeological, cultural, and/or historical deposits
is found, hand excavation and/or mechanical
excavation shall proceed to evaluate the deposits
for determination of significance as defined by the
CEQA guidelines. The archaeologist shall submit
reports, to the satisfaction of the City, describing the testing program and subsequent results. These
reports shall identify any program mitigation that
the Project proponent shall complete in order to
mitigate archaeological impacts (including
resource re covery and/or avoidance testing and
analysis, removal, reburial, and curation of
archaeological resources).

Mitigation Measure CUL-2. Human Remains

City of Visalia
and
Construction
Contractor
During
Construction
City of Visalia
and
Construction
Contractor

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Mitigation Measure
Party
responsible for
Implementing
Mitigation
Implementation
Timing
Party
responsible
for Monitoring
Verification
(name/date)
In order to ensure that the proposed Project does
not impact buried human remains during Project
construction, the Project proponent shall be
responsible for on -going monitoring of Project
construction. Prior to the issuance of any grading
permit, the Project proponent shall provide the City
with documentation identifying construction
personnel that will be responsible for on -site
monitoring. If buried human remains are
encountered during construction, further
excavation or disturbance of the site or any nearby
area reasonably suspected to overlie adjacent
remains shall be halted until the Tulare County
coroner is contacted and the coroner has made
the determinations and notifications required
pursuant to Health and Safety Code Section 7050.5.

If the coroner determines that Health and Safety
Code Section 7050.5(c) require that he give notice
to the Native American Heritage Commission, then
such notice shall be given within 24 hours, as
required by Health and Safety Code Section
7050.5(c). In that event, the N AHC will conduct the
notifications required by Public Resources Code
Section 5097.98. Until the consultations described
below have been completed, the landowner shall
further ensure that the immediate vicinity,
according to generally accepted cultural or
archaeological standards or practices where
Native American human remains are located, is not
disturbed by further development activity until the
landowner has discussed and conferred with the
Most Likely Descendants on all reasonable options
regarding the descendants' preferences and
treatments, as prescribed by Public Resources
Code Section 5097.98(b). The NAHC will mediate
any disputes regarding treatment of remains in
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Mitigation Measure
Party
responsible for
Implementing
Mitigation
Implementation
Timing
Party
responsible
for Monitoring
Verification
(name/date)
accordance with Public Resources Code Section
5097.94(k). The landowner shall be entitl ed to
exercise rights established by Public Resources
Code Section 5097.98(e) if any of the
circumstances established by that provision
become applicable.

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CAM
ERO
N
TULARE IRRI. DIST.

CAMERON

CAMERON
EVANS

PACKWOOD
S Court St
W Beech Ave
S Oak View St
S Vintage St
W Vassar Ave
W Whitendale Ave
S M
ooney Blvd W Caldwell Ave
S Giddings St
W Hemlock Ave
W Walnut Ave
W Packwood Ave
W Mid Valley Ave
S
KlothDr
S Crowe St
W Visalia Pkwy
SW
illisCt
W Royal Oaks Dr
W Oak View Dr
S W
est St
Good Ave
S Central St
S Conyer St
W Cherry Ct
S Grant St
S
Fairway
St
S W
oodland St
W Victor Ave
Ave 272
S Valley St
S County Center Dr
S Terrace St
S
M
artin
St
W James Ave
S Dans St
S Sowell St
S
Jacob
St
W Loyola Ave
W Cherry Ave
W Ashland Ave
S University St
W Paradise Ave
S Yale St
S Verde Vista St
W Mary Ave
W Kimball Ave
W Dartmouth Ave
W Dorothea Ave
W Seeger Ave
S Divisadero St
S Chatham St
W La Vida Ave
W Sunnyside Ave
W Orchard Ct
W Russell Ave
W Cambridge Ave
W Mission Ave
W Harter Ave
W Reese Ave
S
Encina
St
W Rialto Ave
WPrinceton Ave
S
OakViewDr
W Elkhorn Ave
S
JohnsonSt
S Dollner St
S Hall Ct
W Evans Ave
W Feemster Ave
S W
illis St
W James Ct
S Sallee St
S Stonebrook St
W Cameron Ave
W Laura Ave
Rd 122
S Locust St
S Church St
S Sallee Ct
S Dayton St
W
Arlen
Ct
S Hall St
W Country Ave
W CornellAve
W Harvard Ave
S Shady St
W Orchard Ave
S Jackie St
W Evergreen Ave
S Stonebro0k St
S Linda Vista St
S Oakhaven St
S Stevenson St
Ave 271
S W
atson St
S Bardo St
Ave 268
W Monte Vista Ave
Rd 124
Ave 274
WKimball
Ave
.

PROJECT LOCATION

PROJECT LOCATION MAP
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242
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0006 Agenda Date: 1/16/2024 Agenda #: 10.

Agenda Item Wording:

Fire Department Grant Application Confirmation and Acceptance - Confirm authorization for staff to apply for the 2023 California Water Service Firefighter Grant Program, authorize accepting the grant award, and appropriate funding for the purchase of six rescue tool batteries in the amount of $5,367.24.

Deadline for Action: 1/16/2024
Submitting Department: Fire Department
Contact Name and Phone Number: Dan Griswold, x4220; Crissy Balderama x4513 Department Recommendation:

It is recommended that the City Council confirm authorization for staff to apply for the 2023 California Water Service Firefighter Grant Program, authorize acceptance of the grant award, and appropriate funding for the purchase of six rescue tool batteries in the amount of $5,637.24.

Background Discussion:

Visalia Fire Department applied for the California Water Service Firefighter Grant on September 7, 2023. On November 28th, the Visalia Fire Department was notified that California Water Service would be funding the department’s grant request for six rescue tool batteries in the amount of $5,367.24.

The Visalia Fire Department has responded to 2,230 auto accidents in the last four years.

Responding to an average of over 550 vehicle accidents per year can mean the potential for victims in need of extrication from damaged vehicles. To expedite the extrication process, frontline fire engines are equipped with Hurst battery-powered eDraulic combi rescue tools with cutting and spreading capabilities. Vehicle extrication rescue tools are commonly known as the Jaws of Life.

Beyond vehicle extrications, rescue tools can be used during a building collapse, industrial accidents, agricultural/farming accidents, forcible entry into buildings, and a variety of other incidents where lifting, moving, or cutting heavy objects or metal are required.

The six batteries provided through the 2023 California Water Service Firefighter Grant Program will provide a second battery for each rescue tool. Second batteries are necessary for those occasions where the tool has been used and the battery requires charging. The second battery can also replace batteries that have lost their capacity. Having a second battery keeps rescues tools in service and ready for response.

Fiscal Impact:

Staff requests appropriation of $5,367.24 from the General Fund to purchase the six rescue tool batteries. This amount will be reimbursed by the California Water Service Firefighter Grant Program.

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File #: 24-0006 Agenda Date: 1/16/2024 Agenda #: 10.

Prior Council Action: N/A
Other: N/A
Alternatives: Deny the application for the grant award.

Recommended Motion (and Alternative Motions if expected):

I move to confirm authorization for staff to apply for the 2023 California Water Service Firefighter Grant Program, authorize accepting the grant award, and appropriate funding for the purchase of six rescue tool batteries in the amount of $5,367.24.

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

1. California Water Service - Confirmation of Application Receipt.

2. California Water Service News Release announcing 2023 Firefighter Grant Program Recipients.

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9/7/23, 12:39 PM California Water Service - Confirmation of Application Receipt https://www.cybergrants.com/pls/cybergrants/ao_application.submit_app 1/4 LOGOUT
Online Grant Application for California Water Service

Confirmation of Application Receipt:

Your proposal was successfully submitted to California Water Service. No further action on your part is required and you can expect to receive notice of your proposal's status shortly. To print a copy of this completed application go to 'File', then 'Print' on your browser toolbar. Click here to return to the homepage when you are finished.

Contact Information
Salutation
*First NameCrissy
*Last NameBalderama
*TitleAdministrative Analyst
*Address420 N Burke Street
*CityVisalia
*StateCalifornia

*Zip/Postal Code93292
*Telephone559-713-4513
*Email [email protected]
Organization Information
*Legal NameCity of Visalia
Official Name
*Address420 N BURKE ST
*CityVISALIA
*StateCalifornia

*Zip Code93292
President/Executive DirectorLeslie Caviglia
*Phone Number5597134513
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9/7/23, 12:39 PM California Water Service - Confirmation of Application Receipt https://www.cybergrants.com/pls/cybergrants/ao_application.submit_app 2/4 *Email [email protected]
Website Addresshttps://www.visalia.city/depts/fire/default.asp FacebookYes
Facebook URLhttps://www.facebook.com/cityofvisalia/
TwitterYes
Twitter Handle@VisaliaFire
InstagramNo
Organization Detail
*Community ImpactThe Fire Department protects the City of Visalia's 143,031 residents living in 40 square miles. Operating from six strategically positioned fire stations, utilizing a fleet of 10 engines, 3 ladder trucks, 2 paramedic squads, 1 rescue, 1 hazmat, and 5 command vehicles, firefighters provide structural & wildland fire suppression, rescue response to the operational level, hazmat to the technician level, and EMS first response to the ALS level. The Fire stations are staffed 24 hours a day, 365 days a year by firefighters who are prepared to handle any emergency.
*Non-Discrimination PolicyYes, I will upload a file

Non-Discrimination Policy File120 Anti-Harassment Discrimination Retaliation FINAL 2-15-15.pdf (84.85 K), uploaded by Crissy Balderama on 09/06/2023
Program Information
*Requested Cash Amount$5,367.24
*Cal Water Service AreaVisalia

*Cal Water Service Area Map
*Brief description of the departmentVisalia Fire Department (VFD) is a career fire department comprised of 70 firefighters providing an all-hazard response to 143,031 residents living in 40 square miles. Visalia holds the county seat and has a much larger daytime population due to the hospital, commerce center of the county, and the number of jobs provided in the industrial park for an approximate work-week population increase of 70,000. Operating from 6 strategically positioned fire stations, utilizing a fleet of 10 engines, 3 ladder trucks, 2 paramedic squads, 1 rescue, 1 hazmat, and 5 command vehicles, firefighters provide structural and wildland fire suppression, rescue response to the operational level, hazmat to the technician level, and EMS first response to the ALS level. The department provides 24/7 coverage utilizing a 3 shift system staffing 5 paramedic engines and 2 paramedic ladder trucks, with a minimum of 3 personnel per apparatus as well as 2 paramedic squad vehicles with a minimum of 2 personnel each. *Brief description of the
department's service area
The department's 40 square miles first due response district is comprised of open space (25%), commercial/industrial purposes (27%), and residential properties (48%). When responding to incidents within the district, firefighters are faced with unique risks and target hazards. Transportation risks include 2 high-speed highways, the Visalia Airport, the rail lines being operated by BNSF, 246
9/7/23, 12:39 PM California Water Service - Confirmation of Application Receipt https://www.cybergrants.com/pls/cybergrants/ao_application.submit_app 3/4 Union Pacific, San Joaquin Valley, and Amtrak. Hazmat/CBRNE hazards include a fuel distribution line, a natural gas distribution pipeline, and a wastewater treatment plant. Target hazards include a Level III trauma hospital, 234 dependent-care facilities, 911 Emergency Communications Center, 76 educational facilities, 53 city parks, 21 miles of developed trails, and a world- class industrial park with multiple high hazard buildings averaging 80,000 square feet witht he largest being 1.3 million square feet. The type of occupancies found in the industrial park include businesses that work with materials that can detonate to highly corrosive and toxic materials. *Description of the equipment,
products, or services for which the
grant would be used
(6) HURST EXWT/E3 Watertight 9Ah Batteries. These batteries power the departments 6 sets of HURST eDraulic Combi Tools
*Description of how the equipment,
products, or services would benefit
the department and/or the
community it serves
Over the past 4 years, VFD has responded to 2230 auto accidents that have resulted in 46 extrications. To expedite the extrication process, the frontline apparatus are equipped with battery powered eDraulic combi rescue tools with cutting and spreading capabilities, also known as Jaws of Life.

With an average of 558 motor vehicle accidents per year or nearly 2 per day, there is always the possibility that a victim will have to be extricated. A trauma patient's best chance of survival is to arrive at the trauma center within the "Golden Hour." These batteries will allow first responders reliable battery life which can be used at a variety of incidents such as auto extrications, building collapses to extricate trapped victims, at an industrial accident when a worker becomes trapped in a piece of machinery, agriculture/farming related incidents to raise objects off of people, force entry, or cut security bars, etc.

The new batteries for the HURST eDraulic Combi tools will enhance the VFD's ability to perform its daily operations and increase its ability to protect life and property and will instill confidence, not only with the firefighters but the residents as well, that firefighters will be capable of handling an extrication incident effectively and efficiently.

*Estimated cost of the equipment,
products, or services
$5,368.00
*Please include with your
application documentation of the
cost(s)
Quotation_QO273884_1694025184943.pdf (65.57 K), uploaded by Crissy Balderama on 09/07/2023
Recognition & Engagement
RecognitionDistribute a Cal Water news release about the contribution Distribute an organizational news release that highlights Cal Water’s contribution
Share Cal Water’s social media posts (Facebook, Twitter, and Instagram) about the contribution
Post on organization's social media channels about Cal Water’s contribution, and tag Cal Water
Host a media event (e.g. check presentation or ribbon cutting)

Will Cal Water be able to photograph
and/or record video of the in-person
Yes

247
9/7/23, 12:39 PM California Water Service - Confirmation of Application Receipt https://www.cybergrants.com/pls/cybergrants/ao_application.submit_app 4/4 delivery of the equipment, training,
ect. acquired through the grant fund?
Payee Information
*Payee NameCity of Visalia
*Payee Address420 N Burke Street
*Payee CityVisalia
*Payee StateCalifornia

*Payee Zip/Postal Code93292
*Electronic Funds Transfer
Authorization
Yes
Bank CountryUnited States

Bank NameCitizens Business Bank
Bank CityVisalia
Bank StateCalifornia

Bank ZIP/Postal Code93291
Bank Account TypeChecking

Checking/Routing Number Image
Bank Routing Number122234149
Bank Account Numberxxxx7807
Payment Contact NameCrissy Balderama
Payment Contact Phone Number5597134513
Payment Contact Email [email protected] Need Support?
Terms of Service Privacy Policy
Copyright © 2023 California Water Service
248

1720 N. First Street, San Jose, CA 95112
November 29, 2023

Contact: Yvonne Kingman, 310-257-1434
For Immediate Release

CALIFORNIA WATER SERVICE AWARDS MORE THAN $186,000

IN GRANTS TO EIGHT FIRE DEPARTMENTS

SAN JOSE, Calif.—To support local fire departments and their efforts to provide rescue and emergency services, California Water Service (Cal Water) today announced it will award $186,077 in grants to eight California fire departments as part of the utility’s fifth annual Firefighter Grant Program.
“As a water provider, day in and day out we work together with fire departments in our service areas to supply the water and pressure they need to extinguish fires and save lives and property,” said Martin A. Kropelnicki, Cal Water President and CEO. “Their heroism is why we are compelled to support our local fire departments further and help make sure that they have the resources and tools necessary to keep our communities safe.”
From obtaining infrared cameras that firefighters can use to find people trapped in fires to the latest in firefighting hose technology, the grants are designed to offset costs associated with fire protection efforts, life-saving equipment, and training. The financial support is greatly needed, which has made the program popular since its start in 2019, according to the utility. That’s one of the reasons Cal Water has tripled its grant funding from the $60,000 it originally allocated.

Cal Water awarded its 2023 grants to the following departments in its service areas, based on need for resources to protect citizens or firefighters:
249

• Chico Fire Department, for ballistic personal protective equipment and bleeding control supplies to help firefighters save lives during and following incidents of mass violence.
• Colma Fire Protection District, for a variety of hoses that will help the department quickly and efficiently fight fires, including those on high-rise buildings, to prevent fires from spreading.
• Livermore-Pleasanton Fire Department, for a Seek Thermal FirePRO X camera to recognize victims, fires, and escape routes in low- to zero-visibility conditions. • Montebello Fire Department, for a complete simulation system including a monitor, defibrillator, and CPR and mobile media system, which will help train firefighters to handle increased medical emergency service calls. • Monterey County Regional Fire Protection District, for 70 tactical helmets for firefighters to wear when responding to active shooter, violent, or potentially violent incidents.
• Oroville Fire Department, for 10 handheld thermal imaging cameras that help firefighters quickly recognize movement in smoke-filled rooms. • Visalia Fire Department, for watertight batteries to power the department’s Jaws of Life, which are used to free victims of car accidents as well as for rescues in small spaces.
• Woodside Fire Protection District, to replace an aging and obsolete inventory of firefighting nozzles.

The firefighter grants are funded through Cal Water’s philanthropic giving program and do not impact customer rates.

About California Water Service
California Water Service provides high-quality, reliable water utility services to about 2 million people statewide through 496,400 service connections. What sets Cal Water 250

apart is its commitment to enhancing the quality of life for its customers and communities. Guided daily by their promise to provide quality, service, and value, the utility’s employees lead the way in working to protect the planet, care for people, and operate with the utmost integrity. Integral to Cal Water’s strategy is investing responsibly in infrastructure, sustainability initiatives, and community well-being. The utility has also been named one of “America’s Most Responsible Companies” and the “World’s Most Trustworthy Companies” by Newsweek and a Great Place to Work®, and is No. 1 in Customer Satisfaction Among Large Water Utilities in the West Region* by J.D. Power. More information is available at www.calwater.com .

*California Water Service received the highest score in the West Large segment of the J.D. Power 2023 U.S. Water Utility Residential Customer Satisfaction Study of customers’ satisfaction nationally among water customers in the US. Visit jdpower.com/awards for more details.

# # #

251
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0009 Agenda Date: 1/16/2024 Agenda #: 11.

Agenda Item Wording:

Confirmation of Administrative Services Director - Conformation of the appointment of Michelle Speer to serve as the Administrative Services Director for the City of Visalia.

Deadline for Action: 1/16/2024
Submitting Department: Administration
Contact Name and Phone Number: Leslie B. Caviglia, City Manager, 713-4332 Department Recommendation: It is recommended that the Visalia City Council confirm the City Manager’s appointment of Michelle Speer to serve as the Administrative Services Director for the City of Visalia initially overseeing the Human Resources, Risk Management and Communication’s Divisions at a salary of $172,500 annually and the benefits associated with a Department Head for the City. Ms. Speer has two decades of professional experience, most recently as the Assistant City Manager/Administrative Services Direction with the City of Lemoore where she handled Human Resources/Risk Management, Finance, including budget development, and Technology. She has been with the City of Lemoore since 2016, and previously worked for the County of Kings, College of the Sequoias and a private architecture firm. She has a Bachlor of Arts Degree in Organizational Leaders from Fresno Pacific University.

Background Discussion:

The City of Visalia is over 140,000 people, has almost 700 full time positions allocated in addition to over 100 part-time employees on an on-going basis and more during the summer peak season, and is operating a robust communication’s operation in order to better communicate with the citizens of Visalia. Given the size and complexity of the organization, the City Manager proposed creating a department that would focus on some of the City’s greatest assets, the people who serve the citizens of this community and ability to communicate with the citizens of Visalia. The Council concurred with this recommendation and included this position in the 2022-24 budget.

The City conducted a recruitment with the assistance of a professional recruitment firm, and attracted candidates from throughout the State. There were two internal panel interviews, a writing exercise and several hours of personal interview and background discussions that went into this selection.

If Council confirms this appointment tonight, Ms. Speer will begin with the City on February 5, 2024.

Fiscal Impact:

This position was included in the 2022-24 budget so there are no unanticipated budget impacts.

Prior Council Action: N/A
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File #: 24-0009 Agenda Date: 1/16/2024 Agenda #: 11.

Other: N/A
Alternatives: To not confirm the appointment
Recommended Motion (and Alternative Motions if expected):

I move to confirm the appointment of Michelle Speer to serve as the Administrative Services Director at a salary of $172,500.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Resume
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0016 Agenda Date: 1/16/2024 Agenda #: 12.

Agenda Item Wording:

Memorandum of Understanding - Authorize the City Manager to enter into a five-year Memorandum of Understanding between the City of Visalia and the Tulare County Regional Transit Agency (TCRTA) to partner on a three-year micro transit pilot project.

Deadline for Action: 12/4/2023
Submitting Department: Administration - Transit Division Contact Name and Phone Number:

Angelina DeRossett, Transit Manager,
[email protected], (559) 713-4591
John Lollis, Assistant City Manager, [email protected] <mailto:[email protected]> (559) 713- 4323
Department Recommendation:

Staff recommends that the City Council authorize the City Manager to enter into a five-year Memorandum of Understanding between the City of Visalia’s Transit Division and the TCRTA to partner on a three-year micro transit pilot project.

Summary:

City Transit staff brought this project to the City Council at its meeting on April 17, 2023, and Council gave authorization to advance by working through a joint micro transit project and received instruction to bring a cooperative agreement back to Council at a later date. Attached is the draft Memorandum of Understanding for a five-year term that identifies the City of Visalia as a partner with Tulare County Regional Transit Agency (TCRTA) to establish and operate a pilot program that will provide micro transit services.

Background Discussion:

Transit ridership numbers across the nation have suffered as a result of the pandemic. Like many other agencies, the ridership numbers at Visalia Transit are still hovering around fifty-five percent (55%) of pre-pandemic ridership numbers. Prior to the pandemic, a farebox recovery ratio was the performance metric that measured the efficiency of transit. As an agency, the City was required to recover twenty percent (20%) of the operating costs through fares. While City staff and the Tulare County Association of Governments (TCAG) are working on revamping and revising the current performance metrics, transit is typically funded based on a number of metrics that could and will likely include ridership efficiency.

In October 2022, the City was approached by TCRTA with an opportunity to partner in a Micro Transit option like what has been offered within the City of Porterville. Visalia Transit has been working with the TCRTA to obtain specifics on operations, software use, as well as assets and logistics. What has developed is potentially a three-year pilot in partnership with the TCRTA for most of urbanized areas Visalia City Council Printed on 4/26/2024Page 1 of 3
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File #: 24-0016 Agenda Date: 1/16/2024 Agenda #: 12.
developed is potentially a three-year pilot in partnership with the TCRTA for most of urbanized areas of Tulare County and the rural areas between. The need for a five-year agreement is to allow both TCRTA and the City to prepare for the pilot and then at the end have time to evaluate if necessary.

Request for Proposals:

Over the last three months, Visalia Transit and TCRTA staff have vetted micro transit vendors through a formal Request for Proposals (RFP) process, and based on the system capabilities, experience and proven track record, staff will partner with Via Transportation to provide service during the course of this pilot. Operations of this pilot will be handled by the TCRTA operations contract, while the software and support is provided by Via. In the event that there is a driver shortage or service disruption, Via is equipped to quickly take over operations of this pilot project for the region.

Micro transit systems are emerging throughout the nation in an effort to create more efficiencies and direct connections within existing transit systems. Micro transit is a system comprised of smaller passenger vehicles, rather than large buses, that passengers can access by utilizing an application on their phone or accessible web portal, and booking trips that will get them from point A to point B within a specified region. Passengers will also be offered intermodal trips for itineraries that can take advantage of the existing fixed route service and connect to neighboring communities. For this particular project, the TCRTA is procuring minivans through an attachment option on the CalAct contract. These vehicles have a five passenger per vehicle capacity. These rides are still meant to be shared with other passengers, so trips are planned in an automated software system in a more efficient way and the smaller vehicles require a lot less time, money and resources to maintain.

Furthermore, this micro transit system becomes an ’OnDemand’service where the users experience a similar service that is provided by a shared Uber or Lyft.

During this pilot, Visalia Transit and the TCRTA will work together to analyze the data that the system collects in order to establish performance metrics that can assist in creating a more efficient system.

The system is flexible and customizable and is designed with the ability to make real time adjustments. This will help the City to understand the successes and failures of the pilot and assist with potential plans to recreate the City’ssystem in a more efficient way. Data from the pilot will also be used starting in year two of the program to assist with a Reimagining study performed by a consultant. TCAG has already set aside money in the budget to pay for Visalia Transit to pay for this study.

Data that will be collected:

The data will be monitored to determine the popularity and utilization of the service. Transit Staff will review total miles traveled, the most popular days, times and destinations that the service is used, and any other metrics collected from the Via software. With the collected data, staff will be able to determine if the popularity of the service is from new riders or previous fixed route riders. It is anticipated that there will be some cannibalization of the current fixed route system. This pilot will be placed as a supplement to the existing fixed route system for comparison purposes. The system will be fine-tuned and adjustments made to the pilot program as it progresses.

Fiscal Impact:

There is no fiscal impact to the City. The pilot is being supported by funding provided by the TCRTA Visalia City Council Printed on 4/26/2024Page 2 of 3
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File #: 24-0016 Agenda Date: 1/16/2024 Agenda #: 12.

There is no fiscal impact to the City. The pilot is being supported by funding provided by the TCRTA and TCAG to cover the costs of a region-wide micro transit pilot.

Prior Council Action:

At its meeting on April 17, 2023, the Council authorized staff to work on micro transit project with the TCRTA and bring an agreement for approval.

Alternatives:

Do not operate a pilot project with TCRTA and secure a consultant to help establish a program that can be implemented and paid for solely by the City.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a five-year Memorandum of Understanding between the City of Visalia and the Tulare County Regional Transit Agency (TCRTA) to partner on a three-year micro transit pilot.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

1. Draft Memorandum of Understanding
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1 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF VISALIA
AND

TULARE COUNTY REGIONAL TRANSIT AGENCY

THIS MEMORANDUJM OF UNDERSTANDING (hereinafter “MOU”) by and between the City of Visalia (hereinafter referred to as “Visalia”) and Tulare County Regional Transit Agency (hereinafter referred to as “TCRTA”), each of which is a “Party” and both of which may be collectively referred to herein as the “Parties,” Is entered into for the purpose of memorializing the understanding of the Parties regarding their respective roles in a Micro Transit Pilot Program for the Tulare County Region.

RECITALS
WHEREAS, Visalia is a municipal corporation which provides transit service within and around the City of Visalia; and

WHEREAS, TCRTA is a public entity created by a Joint Powers Agreement executed by the Cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Woodlake, and the County of Tulare as of the 11th day of August, 2020, and provides transit service for its members; and

WHEREAS, Visalia and TCRTA desire to collaborate on the implementation of a Micro Transit Pilot Program which each will operate independently within their respective service areas.

NOW, THEREFORE, in consideration of the mutual understanding of the Parties herein contained, the Parties hereby mutually agree as follows:

I. SCOPE OF WORK
The Parties agree to collaborate on a 3-year Micro Transit Pilot Program (hereinafter referred to as “Program”), which is more particularly described in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference.

II. TERM
The term of this MOU shall commence upon execution, and shall continue until the completion of the three year pilot Program, unless mutually extended by the Parties, or terminated by either Party according to the termination provisions contained herein.

III. TRANSPORTATION SERVICES FOR EACH AGENCY
It is intended and understood the TCRTA shall be solely responsible for procuring the micro transit software program from Via Corp, and providing same to Visalia, so that the Parties 263
2 can collect, have equal access and share data for the Program. The TCRTA contract with Via Corp shall provide micro transit software programming that will allow for the Parties to operate an overlapping, complementary service using a single rider-facing application (unless otherwise mutually agreed) on behalf of both Visalia and the TCRTA. To such end, the Parties agree to communicate and collaborate, including responding to requests for joint feedback from Via Corp.

If Visalia or the TCRTA decide to change one or more of the following aspects of their respective services listed below, both Parties agree in good faith to collaborate with Via Corp towards a mutually beneficial solution that includes the proposed change, the timing of the proposed change and any fees or adjustment to per-vehicle-hour rates that arise as a result of the proposed change:
a. Changes in the area (sq mi) of service zones, including additional zones; b. Changes in the days or hours of service;
c. Changes in the type of vehicles used;
d. Changes in the driver requirements;
e. Changes in the rider fare charged;
f. Changes in advertising, marketing, or branding, including the white labeled rider application used for booking rides;
g. Suspensions or terminations of service; or
h. Any change not aforementioned that substantially affects per-vehicle-hour pricing or operational parameters of service provision.

IV. FEDERAL FUNDING COMPLIANCE
TCRTA will be responsible for complying with all Federal requirements independently, except as provided herein. These requirements will include but are not limited to:

1. Federal Transit Administration (FTA) grants management including contract compliance, quarterly reporting, and Electronic Clearing House Operation (ECHO) draws.

2. Annual certifications submitted to FTA that detail the federal requirements with which it must comply to be eligible to receive federal transit assistance. The annual submission of these Certification and Assurance is required by Federal law prior to the submission of any grant application.

3. National Transit Data Base (NTD) annual report. If each Party desires to receive FTA funding based on services provided, or any factors other than population each Party, must submit NTD information to the FTA. This would require each Party to provide adequate and properly trained staff resources to regularly attend 264
3 FTA training on NTD reporting. Neither Party shall receive any portion of the FTA Section 5307 apportionment that is determined, in whole or in part, on the basis of bus revenue miles or other data obtained through the National Transit Database process, unless that Party submits NTD reporting data by the required deadlines or cures any noncompliance as allowed by federal regulations.

4. Comply with all applicable Subrecipient Federal Clauses, including, but not limited to, the following: nondiscrimination in Federal Public Transportation Programs; nondiscrimination following the requirements of Title VI of the Civil Rights Act of 1964; Equal Employment Opportunity; nondiscrimination on the basis of sex; nondiscrimination on the basis of age; nondiscrimination on the basis of disability; and, Disadvantaged Business Enterprise.

5. Visalia will collaborate as necessary with TCRTA to provide any and all data or information it has collected pursuant to the Program so that TCRTA may comply with all reporting requirements associated with the funding for the Program.

V. REVISIONS, ADDENDUM
Revisions to the basic framework of this Agreement shall be by the mutual written agreement of the Parties. Supplements to this Agreement may be by numeric addendums executed by each Party and attached to the original of this Agreement.

VI. TERMINATION
Either Party may terminate this Agreement at the end of any federal fiscal year. In the event of termination, the Parties shall consult prior to the date of termination to ensure termination occurs on the most equitable terms; however, such consultation shall not prohibit or restrict either Party from exercising its right to terminate.

VII. SETTLEMENT OF DISPUTES
The Parties have worked cooperatively to prepare their framework for this MOU, and the language herein should not be construed against any of the Parties. Disagreement between the Parties arising under or relating to this MOU, as amended and supplemented, shall be resolved only by consultation between the Parties and not referred to any other person or entity for settlement unless mutually agreed in writing.

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4 Tulare County
Regional Transit Agency

____________________________ Date ______________________ Executive Director

Approved as to form:

County Counsel

___________________________ Date: ____________________

City of Visalia

____________________________ Date ______________________ City of Visalia City Manager

____________________________ Date: ____________________ City Attorney
(PELTZER & RICHARDSON, LLP)

____________________________ Date: ____________________ City of Visalia Risk Manager

____________________________ Date: ____________________ City of Visalia Project Manager

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5 Exhibit “A”
Scope of Work
The Tulare County Regional Transit Agency (TCRTA) and the City of Visalia (Visalia) transit will partner on a Tulare County region wide Micro Transit Pilot Program (Program) for three years.

The TCRTA will operate the program with TCRTA vehicles and drivers through the existing Operations and Maintenance contract for the TCRTA. Visalia will allow the TCRTA to temporarily operate within the Visalia service area for the purposes of this pilot for the duration of the pilot program. The TCRTA will cover the cost of the Program for the duration of the 3 years. At the end of the 3-year Program, the TCRTA and Visalia Transit may again, upon mutual agreement, partner together on a competitive RFB procurement to extend micro transit services.

The data collected by both agencies during the 3-year Program will assist the agencies in writing the RFB to obtain a long-term micro transit software. Via Corp will be the micro transit software vendor for the duration of the 3-year pilot program. Visalia Transit and TCRTA will work together with the micro transit software vendor Via Corp to collect data via system reports within the micro transit software.

Visalia Transit will have full and equal access to the Via software and data that is collected throughout the duration of the pilot program.

The purpose of the Program is to collect data over the course of three years to determine the popularity of the micro transit services.

Passenger demographic data will be collected, and the popularity of the Program will be gauged. The purpose of the data is to use the information that’s collected to create a more efficient system in the future where pieces of the Fixed Route system that exist today will be replaced with a more cost-effective micro transit route(s). Visalia will have full and equal access to Visalia ridership data in order to complete all reporting requirements. The Visalia zone is clearly defined, and remains the same as the existing Visalia fixed route system. Visalia Transit and the TCRTA will work together with Via Corp to determine the parameters of the program and the type of data that the software will collect.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0013 Agenda Date: 1/16/2024 Agenda #: 1.

Agenda Item Wording:

For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:

Buyer: City of Visalia
Seller: Gerald Blankenship Jr. and Jean Kristy Blankenship, Trustees of the Blankenship Family Trust under Trust Agreement dated February 8, 1996, as to an undivided one-half interest, and Gerald B.

Blankenship Jr., as to an undivided one-half interest
APN: 126-100-054 (portion)
Purpose: sale of surplus land
Brief Description: Caldwell Improvement Project Santa Fe to Lovers Lane Price: $21,017.21
Closing Date: 1/8/2024
Closed Session Council Date: 6/5/2023
Project Manager: Eric Bons
Visalia City Council Printed on 4/26/2024Page 1 of 1
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0012 Agenda Date: 1/16/2024 Agenda #: 1.

Agenda Item Wording:

Upcoming Council Meetings:

Monday, February 5, 2024 at 7:00 p.m. @ 707 W. Acequia
Tuesday, February 20, 2024 at 7:00 p.m. @ 707 W. Acequia If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, to discuss your accessibility needs: 559-713-4512 or [email protected] <mailto:[email protected]> Please note the meeting of 1/16/24 will not be live streamed. Recorded audio of the 1/16/24 meeting will be available by the afternoon of 1/18/24.

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