Visalia City Council
March 4, 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
City Hall Council Chambers7:00 PMMonday, March 4, 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. New Employee Introductions:

Administrative Services:

Ashley Cook, Human Resources Analyst
POLICE DEPARTMENT:

Police Officers:

Michael Allen
Ezra Bryant
Daisy Garcia
Ezekiel Moreno
Johan Velasco
Parking Enforcement Officers:

Jeshua Contreras
Fernando Valenzuela
24-0055

1 Visalia City Council Meeting Agenda - Final March 4, 2024

2. Caltrans Update of Lovers Lane Roadway Rehabilitation and Operational Improvements Project - Receive a presentation and provide comments regarding the Caltrans Lovers Lane Roadway Rehabilitation and Operational Improvements Project, concluding the Project Development Phase and Commencing the Construction Phase.
24-0029

3. Capital Improvement Program - Review select FY 2024/25 and 2025/26 Capital Improvement Program (CIP) Budgets and future capital plans.
23-0439
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

SPECIAL PRESENTATION / RECOGNITION

PUBLIC COMMENTS
This is the time for 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. 24-0057

2. Notice of Completion for Wood Ranch Unit 3 - Request authorization to file a notice of completion for Wood Ranch Unit 3 located along E Noble Ave, east of McAuliff St and north of Kaweah Ave, containing 11 private residential lots.
24-0041

2 Visalia City Council Meeting Agenda - Final March 4, 2024

3. Partial Notice of Completion for East Side Regional Park Basin G - Request authorization to file a Partial Notice of Completion for RFB 20-21-38, Groundwater Recharge Basin G at the East Side Regional Park (ESRP) site.
24-0045

4. Certified Entity Request - A request by Great Valley Land Trust to be certified as an entity for the purposes of holding agricultural conservation easements in accordance with the City of Visalia Agricultural Preservation Ordinance.
24-0051

5. CAC Appointment - Approve the Citizens Advisory Committee’s recommendation to appoint Jim Reeves to fill a vacant voting position on the Citizens Advisory Committee.
24-0056

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

1. Business Regulations Amendment - First reading and public hearing for Ordinance 2024-02 to amend Visalia Municipal Code Chapters 5.04 and 5.28 to include general updates and to address changes required for compliance with other sections of the Visalia Municipal Code.
23-0466

2. Urgency Ordinance - Consider adoption of Ordinance 2024-03, an interim ordinance to be adopted as an emergency measure to regulate the location and operational requirements for massage establishments, Citywide. (4/5’s approval of the City Council is required for passage.)
24-0061

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. Monday, March 18, 2024 at 707 W. Acequia @ 7:00 p.m.

Monday, April 1, 2024 at 707 W. Acequia @ 7:00 p.m.

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 at [email protected]
<mailto:[email protected]>.
24-0507

3 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0055 Agenda Date: 3/4/2024 Agenda #: 1.

Agenda Item Wording:

New Employee Introductions:

Administrative Services:

Ashley Cook, Human Resources Analyst
POLICE DEPARTMENT:

Police Officers:

Michael Allen
Ezra Bryant
Daisy Garcia
Ezekiel Moreno
Johan Velasco
Parking Enforcement Officers:

Jeshua Contreras
Fernando Valenzuela
Visalia City Council Printed on 4/26/2024Page 1 of 1
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4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0029 Agenda Date: 3/4/2024 Agenda #: 2.

Agenda Item Wording:

Caltrans Update of Lovers Lane Roadway Rehabilitation and Operational Improvements Project - Receive a presentation and provide comments regarding the Caltrans Lovers Lane Roadway Rehabilitation and Operational Improvements Project, concluding the Project Development Phase and Commencing the Construction Phase.

Deadline for Action: 3/4/2024
Submitting Department : Engineering & Building Department Contact Name and Phone Number:

Rebecca Keenan, Senior Civil Engineer, [email protected], 713-4541 Jason Huckleberry, Eng. & Bldg. Director, [email protected], 713-4495 Shavonne Conley, Caltrans Project Manager, [email protected], 243-3832 Department Recommendation:

Staff recommends that the City Council receive the presentation from the California Department of Transportation (Caltrans) regarding the Caltrans Lovers Lane Roadway Rehabilitation (along SR 216) and Operational Improvements at the State Route 198 Interchange.

Summary:

City staff and Caltrans have been working throughout 2023 to complete the Project Development Phase of the Lovers Lane Roadway Rehabilitation and Operational Improvements Project, which includes the preparation of Plans, Specifications, and Estimates (PS&E); and obtaining needed Right of Way (RW). The Project Development phase is concluding, and the team will begin the Construction Phase in 2024. The purpose of this agenda item is to update the Council on the progress made and to outline the upcoming construction impacts.

Background Discussion:

Project Recap:

Since 2015, City staff and Caltrans have worked to identify possible improvements to the Lovers Lane Interchange at State Route 198. Ultimate layouts were developed, however, to meet current Caltrans design standards the ultimate project would require considerable amounts of right of way and would significantly impact the surrounding businesses and residences. The acquisition and improvements would result in exorbitant costs, estimated at over $60 million in 2015 dollars.

Therefore, the City Council authorized staff to work with Caltrans to pursue a more cost-effective interim solution; and in October 2015, the City Manager executed a Cooperative Agreement with Caltrans to prepare a Project Initiation Document (PID) for an interim solution to enhance operations at the Lovers Lane Interchange. Operational improvements were (and are) supported by Caltrans because there is a new interchange proposed to be constructed 5000 feet east of Lovers Lane, at the Visalia City Council Printed on 4/26/2024Page 1 of 7
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because there is a new interchange proposed to be constructed 5000 feet east of Lovers Lane, at the Road 148 alignment. Given this, the PID document for the Lovers Lane operational improvements was completed in 2017 and identified three possible near-term alternatives (Alternative 1A, Alternative 1B, and No Build Alternative) that were presented to the community at a public meeting held on May 26, 2016 at the Mineral King Elementary School.

Following the public meeting and comments received, Caltrans began the Project Approval and Environmental Document (PA&ED) phase to continue the exploration of Alternatives 1A & 1B, and further develop the project in terms of constructability, cost effectiveness, comments received, and other local needs & constraints. Both alternatives would achieve the goal of restoring the facility to a state of good repair, improve traffic flow, address current operation needs, and alleviate congestion.

However, Alternative 1B would also close the access connecting East Mineral King Avenue to Lovers Lane and thereby create more storage for traffic at the westbound State Route 198 on/off ramps.

Having the vehicle storage on the ramps is important because per the Caltrans analysis, Alternative 1A will fail 10 years after implementation. This concern weighed heavily during the selection of the final alternative because it meant that the number of vehicles per lane, per mile, would increase, resulting in spillage onto the freeway, and a back-up of vehicles onto the freeway.

On March 5, 2021, Caltrans issued the Initial Study with Proposed Mitigated Negative Declaration/Environmental Assessment for comments. The comment period ended on April 5, 2021, and Caltrans did not receive any comments from the public during that period. City staff and Caltrans then presented an update to the City Council on May 3, 2021. Caltrans received comments after that Council meeting, which were outside the commenting period, in June 2021. A resident expressed concern about the possible closure of East Mineral King Avenue, particularly regarding potential impacts to pedestrians and the disabled community. The Caltrans representatives took note of the concerns and included them in the team’sprocess to select the project Alternative to be carried into the design phase.

Caltrans reviewed both Alternatives with their various functional units and selected Alternative 1B as the preferred alternative. The functional units considered project elements, such as traffic operations, maintenance, right of way impacts, private property impacts, utility impacts, hydraulic engineering, landscaping, impacts to structures, sustainability, schedule, funding, and complete streets requirements in making the final selection. The process identified some areas of concern with both alternatives, however, the final tally revealed stronger support for the project following Alternative 1B.

The process also identified the need to provide connectivity from East Mineral King Avenue to Loves Lane in order to meet the State’sgoal (SB99) of increasing active modes of transportation such as biking and walking.

In addition, at the May 3, 2021, meeting Council requested that Caltrans consider a hybrid layout to possibly allow limited access to Lovers Lane from East Mineral King Avenue. Caltrans conducted additional traffic analysis to identify a way to create a hybrid layout to allow traffic from E. Mineral King Avenue to continue to access Lovers Lane in the northeast quadrant. Unfortunately, Caltrans was not able to develop a hybrid layout that will allow vehicular traffic to access Lovers Lane from East Mineral King Avenue because doing so would result in a larger project footprint, well beyond the existing right of way. The changes would have been significant enough to require further environmental studies, additional right of way, added time, and extra funding needs. It was estimated that a new environmental document would have added approximately 12-18 months to the project schedule. Furthermore, the additional cost was estimated at $5.8 million (approximately $1.9 million in construction capital and $3.9 million in right of way). The consequential delays and additional Visalia City Council Printed on 4/26/2024Page 2 of 7
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in construction capital and $3.9 million in right of way). The consequential delays and additional costs rendered the project unfeasible within the current SHOPP cycle. However, Caltrans was able to incorporate a 12-foot-wide multi-use trail to allow pedestrian, bicyclist, and other non-vehicular traffic access to Lovers Lane. The trail will allow local area residents to continue to access the north/south corridor, despite the elimination of the East Mineral King Avenue vehicular connection.

Design & Right of Way:

The Caltrans team recently completed the project design, right of acquisitions, and established agreements for utility relocations. Following are some of the key components of the final project:
· Pavement Reconstruction: Along Lovers Lane (State Route 216), beginning approximately 300+ feet south of Noble Avenue, then north to Houston Avenue; · Pavement Reconstruction: Along Houston Avenue (State Route 216), from Lovers Lane, then east to approximately 1,177 feet east of McAuliff Street; · New Curb, Gutter, and Sidewalk: Construction of new curb, gutter, and sidewalk along Lovers Lane, from 300 feet south of Noble Avenue, to Houston Avenue; · Widening of Lovers Lane, from Noble Avenue, underneath the freeway, to East Mineral King Avenue;
· Structural Modifications of Freeway Underpass: The existing bridge retaining walls will be modified to provide 8’sidewalks under the freeway, while increasing the number of lanes under the freeway, along Lovers Lane;
· Additional Lanes under the freeway: Two dedicated left turn lane (one in each direction), two southbound lanes, two northbound lanes, one dedicated right turn lane onto the westbound freeway on ramp;
· New traffic signals and lighting at the intersections of Noble Avenue/Lovers Lane, Eastbound Ramps/Lovers Lane, and E. Mineral King/Westbound Ramps/Lovers Lane; · Adjustments to the existing Sanitary Sewer system located along Mineral King; · Adjustments to existing utilities, such as Cal Water and Southern California Edison (SCE); · New Ramp Metering System onto freeway;
· New traffic monitoring station system along Lovers Lane; · Modified lighting system;
· Modifications to left turn pockets along Lovers Lane; · Modifications & widening of westbound and eastbound freeway ramps; · ADA upgrades to curb ramps throughout the project;
· New bike lanes along Lovers Lane;
· New trail connecting Stapp Avenue to Lovers Lane;
· Extension of the existing Tulare Irrigation District box culvert; · New signage, striping, and pavement delineation;
· Landscaping & Irrigation of project
Construction Impacts:

Caltrans estimates that construction of the project will commence in the Fall 2024 and extend through July 2026. However, some of the utility companies may begin their relocations prior to that as soon as this summer. The project will tentatively proceed as follows:

Stage Stage-1, Phase-1
Description of Work West side retaining wall under Lovers Lane/Route 198 bridge Number of working days 45-working day
Lanes Closed Southbound Lovers Lane, Outside shoulder under the bridge Lane Closure hours 24/7 until work is complete
Traffic detour No
Pedestrian detour Yes, use northbound Lovers Lane sidewalk between Mineral King Ave and Noble Ave.

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Stage Stage-1, Phase-1
Description of Work West side retaining wall under Lovers Lane/Route 198 bridge Number of working days 45-working day
Lanes Closed Southbound Lovers Lane, Outside shoulder under the bridge Lane Closure hours 24/7 until work is complete
Traffic detour No
Pedestrian detour Yes, use northbound Lovers Lane sidewalk between Mineral King Ave and Noble Ave.

Stage Stage-1, phase-4
Description of Work Construct outside shoulder, sidewalk, and curb ramps along southbound Lovers Lane between 1) Mineral King and Mill Creek Parkway, 2) Mill Creek Parkway and Douglas Ave, and 3) Douglas Ave and Houston Ave Number of working days 30-working day
Lanes Closed Southbound Lovers Lane, Outside lane, and shoulder Lane Closure hours 24/7 until work is complete, Driveway and local road access open.

Traffic detour No
Stage Stage-1, phase-5
Description of Work Construct outside shoulder, sidewalk, and curb ramps along northbound Lovers Lane between 1) Mineral King and Mill Creek Parkway, 2) Mill Creek Parkway and Douglas Ave, and 3) Douglas Ave and Houston Ave Number of working days 30-working day
Lanes Closed Northbound Lovers Lane, Outside lane, and shoulder Lane Closure hours 24/7 until work is complete, Driveway and local road access open.

Traffic detour No
Stage Stage-2, Phase-1 AND 4
Description of Work East side retaining wall under Lovers Lane/Route 198 bridge Number of working days 45-working day
Lanes Closed Northbound Lovers Lane, outside lane and shoulder under the bridge Lane Closure hours 24/7 until work is complete
Traffic detour No
Pedestrian detour Yes, use southbound Lovers Lane sidewalk between Mineral King Ave and Noble Ave.

Stage Stage-2, phase-2
Description of Work Reconstruct median island along Lovers Lane between, 1) Mineral King and Mill Creek Parkway, 2) Mill Creek Parkway and Douglas Ave, and 3) Douglas Ave and Houston Ave
Number of working days 40-working day
Lanes Closed Northbound & southbound Lovers Lane, Inside lanes Lane Closure hours 24/7 until work is complete
Traffic detour No
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Stage Stage-2, phase-2
Description of Work Reconstruct median island along Lovers Lane between, 1) Mineral King and Mill Creek Parkway, 2) Mill Creek Parkway and Douglas Ave, and 3) Douglas Ave and Houston Ave
Number of working days 40-working day
Lanes Closed Northbound & southbound Lovers Lane, Inside lanes Lane Closure hours 24/7 until work is complete
Traffic detour No
StageStage-2, phase-3
Description of Work Resurface outside lanes along Southbound and Northbound Lovers Lane between, Mineral King Ave and Houston Ave
Number of working days 10-working day
Lanes Closed Northbound & southbound Lovers Lane, outside lanes Lane Closure hours 8 am to 6 pm
Traffic detour No
Stage Stage-3, phase-1
Description of Work Remove Mineral King Ave between Stapp Drive and Lovers Lane and reconstruct westbound ramps.

Number of working days 45-working day
Lanes Closed Existing westbound on and off ramp
Lane Closure hours 24/7 until work is complete
Traffic detour Yes, Westbound ramp traffic moved to Ben Maddox Way interchange with temporary traffic signal at the ramp intersection.

Stage Stage-3, phase-2
Description of Work Resurface Houston Ave
Number of working days 10-working day
Lanes Closed One lane in each direction
Lane Closure hours 10.00 am to 3.00 pm
Traffic detour No
StageStage-4, phase-1
Description of Work Reconstruct Eastbound on and offramps Number of working days 2-working day,
Lanes Closed Eastbound on and offramp
Lane Closure hours 56-hour weekend closure, Friday 10.00 pm to Monday 6.00 am Traffic detour Yes. To Ben Maddox Way interchange
StageStage-4, phase-2 and
3 Description of Work Widen and Reconstruct Noble Ave
Number of working days 20-working day
Lanes Closed All lanes (Nighttime), Occasional reversing traffic control (Day time) Lane Closure hours 10.00 pm to 6.00 am, 9.00 am to 3.00 pm Traffic detour Yes. Through City Streets
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StageStage-4, phase-2 and
3 Description of Work Widen and Reconstruct Noble Ave
Number of working days 20-working day
Lanes Closed All lanes (Nighttime), Occasional reversing traffic control (Day time) Lane Closure hours 10.00 pm to 6.00 am, 9.00 am to 3.00 pm Traffic detour Yes. Through City Streets
StageStage-5, phase-1
Description of Work Reconstruct Lovers Lane, South side of Noble Ave Number of working days 5-working day,
Lanes Closed All Lanes during nighttime
Lane Closure hours 10.00 pm to 6.00 am
Traffic detour Yes. Through City Streets
StageStage-5, phase-2
Description of Work Reconstruct Intersections: EB on/off ramps, Noble, Mineral King Number of working days 2-working day,
Lanes Closed Lovers Lane. All lanes between Noble Ave and Mineral King Ave Lane Closure hours 56-hour weekend closure, Friday 10.00 pm to Monday 6.00 am Traffic detour Yes. Through City Streets
Next Steps:

This project will go before the California Transportation Commission (CTC) in March 2024. Shortly thereafter, it will be advertised for construction bids, with construction starting later this fall. Following is the updated project schedule:

Project Milestone Target Schedule
CALIFORNIA TRANSPORTATION COMMISSION (CTC) March 2024
Advertise for Construction April 2024
Construction Approval July 2024
Construction to Begin September/October 2024
Construction Complete July 2026
Fiscal Impact:

There is no fiscal impact at this time. This project is programmed in the Caltrans 2020 State Highway Operation and Protection Program (SHOPP) and includes Construction (capital and support) and Right of Way (support). Caltrans has committed $20.9 Million for construction. The Tulare County Association of Governments (TCAG) has committed $2.2 million for construction.

Prior Council Action:
· March 06, 2023 - City Council voted to approve Ordinance No. 2023-xx, authorizing the sale of Visalia City Council Printed on 4/26/2024Page 6 of 7
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approximately 367 square feet to the State of California (Second Reading). · February 21, 2023 - City Council voted to approve Ordinance No. 2023-xx, authorizing the sale of approximately 367 square feet to the State of California (First Reading). · September 6, 2022 - City Council voted to adopt Resolution 2022-51 to Amend the Freeway Agreement for State Highway Route 198 from 0.2 Miles East of State Highway Route 99 to 1.5 Miles East of Lovers Lane.
· January 18, 2022 - City Council received a presentation and provided comments regarding the Caltrans Lovers Lane Roadway Rehabilitation and Operational Improvements project, include a follow-up to Council’srequest that Caltrans consider a hybrid geometric layout at E. Mineral King Ave. and S. Lover Lane.
· May 3, 2021 - City Council received a presentation and provided comments regarding the Caltrans Lovers Lane Roadway Rehabilitation and Operational Improvements Project concluding the Project Approval and Environmental Document (PA&ED) phase at the State Route 198 Interchange.

Alternatives:

None.

Recommended Motion (and Alternative Motions if expected):

No motion required.

CEQA Review:

Initial Study with Proposed Mitigated Negative Declaration/Environmental Assessment prepared by the State of California Department of Transportation, date March, 2021.

Attachments:

1. Location Map

2. Presentation
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11 LOCATION MAP
LOVERS LANE (SR 216) ROADWAY REHABILITATION
& OPERATIONAL IMPROVEMENTS PROJECT

ATTACHMENT 1

12 Presentation to
City of Visalia City Council
March 4, 2024
13 Your Project Team:
2  CITY OF VISALIA:
 Jason Huckleberry, Director Engineering & Building Dept.  Lupe Garcia, Acting City Engineer
 Rebecca Keenan, Senior Civil Engineer
 CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS):
 Curt Hatton, Project Management Office Chief
 Shavonne Conley, Project Manager
 Irene Lee, Design Manager
 Peter Chander, Design Project Engineer
 TULARE COUNTY ASSOCIATION OF GOVERNMENTS (TCAG):
 Theodore Smalley, Executive Director 14
Today’s Agenda:
3 CITY OF VISALIA:
Caltrans Process & Brief Project Review to
PA&ED phase.
CALTRANS:
Review of Overall Project Design
Review of Right of Way & Utility Relocations
Construction Phasing
Schedule
NEXT STEPS
QUESTIONS
15 Caltrans Process
4 16
Lovers Lane Rehabilitation Project
5 17
6 Lovers Lane Interchange Improvements
18 7
Right of Way Certification & Utility Relocations
• Utility Conflicts Resolved with:
• Right of Way Certification was completed on January 17, 2024 • All Right of Way for the project has been acquired and Utility Agreements are finalized.
• SoCalGas • City of Visalia
• SCE • Comcast
• AT&T • California Water Co.
• Tulare Irrigation District
19 Construction Staging (TID Culvert)
8 LOVERS LANE (SR 216)
NORTH
20 Construction Staging
9 Stage Stage-1, Phase-1
Description of Work West side retaining wall under Lovers Lane/Route 198 bridge Number of working days 45-working day
Lanes Closed Southbound Lovers Lane, Outside shoulder under the bridge Lane Closure hours 24/7 until work is complete
Traffic detour No
Pedestrian detour Yes, use northbound Lovers Lane sidewalk between Mineral King Ave and Noble Ave.

MINERAL KING
NOBLE

EB RAMPS
SR 198
LOVERS LANE (SR 216)
NORTH
21 Construction Staging Stage Stage-1, phase-4
Description
of Work
Construct outside
shoulder, sidewalk, and
curb ramps along
southbound Lovers Lane
between 1) Mineral King
and Mill Creek Parkway, 2)
Mill Creek Parkway and
Douglas Ave, and 3)
Douglas Ave and Houston
Ave
Number of
working
days
30-working day
Lanes
Closed
Southbound Lovers Lane,
Outside lane, and
shoulder
Lane
Closure
hours
24/7 until work is
complete, Driveway and
local road access open.

Traffic
detour
No
10 DOUGLAS

HOUSTON

MILL CRK PKWY

DOUGLAS

MILL CRK PKWY

MINERAL KING
LOVERS LANE (SR 216)
LOVERS LANE (SR 216)
LOVERS LANE (SR 216)
NORTH
22 Construction Staging
11 Stage Stage-1, phase-5
Description
of Work
Construct outside
shoulder, sidewalk, and
curb ramps along
northbound Lovers
Lane between 1)
Mineral King and Mill
Creek Parkway, 2) Mill
Creek Parkway and
Douglas Ave, and 3)
Douglas Ave and
Houston Ave
Number of
working
days
30-working day
Lanes
Closed
Northbound Lovers
Lane, Outside lane, and
shoulder
Lane
Closure
hours
24/7 until work is
complete, Driveway
and local road access
open.

Traffic
detour
No

DOUGLAS

HOUSTON
MILL

CRK PKWY

DOUGLAS
MILL

CRK PKWY

MINERAL
KING
LOVERS LANE (SR 216)
LOVERS LANE (SR 216)
LOVERS LANE (SR 216)
NORTH
23 Construction Staging
12 Stage Stage-2, Phase-1 AND 4
Description of Work East side retaining wall under Lovers Lane/Route 198 bridge Number of working days 45-working day
Lanes Closed Northbound Lovers Lane, outside lane and shoulder under the bridge Lane Closure hours 24/7 until work is complete
Traffic detour No
Pedestrian detour Yes, use southbound Lovers Lane sidewalk between Mineral King Ave and Noble Ave.

NOBLE

EB RAMPS
SR 198

MINERAL KING
LOVERS LANE (SR216)
NORTH
24 Construction Staging
13 Stage Stage-2, phase-2
Description
of Work
Reconstruct median
island along Lovers Lane
between, 1) Mineral
King and Mill Creek
Parkway, 2) Mill Creek
Parkway and Douglas
Ave, and 3) Douglas Ave
and Houston Ave
Number of
working
days
40-working day
Lanes
Closed
Northbound &
southbound Lovers
Lane, Inside lanes
Lane
Closure
hours
24/7 until work is
complete
Traffic
detour
No

DOUGLAS

HOUSTON
MILL

CRK PKWY

DOUGLAS
MILL

PRK PKWY

MINERAL
KING
LOVERS LANE (SR 216)
LOVERS LANE (SR 216)
LOVERS LANE (SR 216)
NORTH
25 Construction Staging
14 Stage Stage-2, phase-3
Description
of Work
Resurface outside
lanes along
Southbound and
Northbound Lovers
Lane between,
Mineral King Ave
and Houston Ave
Number of
working
days
10-working day
Lanes Closed Northbound &
southbound Lovers
Lane, outside lanes
Lane Closure
hours
8 am to 6 pm
Traffic
detour
No

DOUGLAS

HOUSTON
MILL

CRK PKWY

DOUGLAS
MILL

CRK PKWY

MINERAL
KING
LOVERS LANE (SR 216)
LOVERS LANE (SR 216)
LOVERS LANE (SR 216)
NORTH
26 Construction Staging
15 Stage Stage-3, phase-1
Description of Work Remove Mineral King Ave between Stapp Drive and Lovers Lane and reconstruct westbound ramps.

Number of working days 45-working day
Lanes Closed Existing westbound on and off ramp
Lane Closure hours 24/7 until work is complete
Traffic detour Yes, Westbound ramp traffic moved to Ben Maddox Way interchange with temporary traffic signal at the ramp intersection.

LOVERS
LANE
STAPP
NORTH
27 Stage Stage-3, phase-1
Description
of Work
Remove Mineral King
Ave between Stapp
Drive and Lovers Lane
and reconstruct
westbound ramps.

Number of
working days
45-working day
Lanes Closed Existing westbound on
and off ramp
Lane Closure
hours
24/7 until work is
complete
Traffic detour Yes, Westbound ramp
traffic moved to Ben
Maddox Way
interchange with
temporary traffic
signal at the ramp
intersection.

Construction Staging (Detour 3-1)
16 LOVERS LANE
STAPP
SR 198
NORTH

MINERAL KINGBEN MADDOX

MCAULLIF
28 Construction Staging
17 Stage Stage-3, phase-
2 Description of
Work
Resurface
Houston Ave
Number of
working days
10-working day
Lanes Closed One lane in
each direction
Lane Closure
hours

10.00 am to

3.00 pm
Traffic detour No
LOVERS
LANE

MCAULIFF

HOUSTON

HOUSTON
NORTH
29 Construction Staging
18 Stage Stage-4, phase-1
Description
of Work
Reconstruct
Eastbound on and
offramps
Number of
working
days
2-working day,
Lanes
Closed
Eastbound on and
offramp
Lane
Closure
hours
56-hour weekend
closure, Friday 10.00
pm to Monday 6.00
am
Traffic
detour
Yes. To Ben Maddox
Way interchange

EB RAMPS

LOVERS LANE
NORTH
30 Construction Staging (Detour 4-1)
19 Stage Stage-4, phase-1
Description
of Work
Reconstruct
Eastbound on and
offramps
Number of
working
days
2-working day,
Lanes
Closed
Eastbound on and
offramp
Lane
Closure
hours
56-hour weekend
closure, Friday 10.00
pm to Monday 6.00
am
Traffic
detour
Yes. To Ben Maddox
Way interchange
NOBLE

BEN MADDOX

LOVERS LANE
NORTH
TULARE 31
Construction Staging
20 Stage Stage-4, phase-2
and 3
Description
of Work
Widen and
Reconstruct Noble
Ave
Number of
working days
20-working day
Lanes Closed All lanes
(Nighttime),
Occasional
reversing traffic
control (Day time)
Lane Closure
hours

10.00 pm to 6.00
am, 9.00 am to

3.00 pm
Traffic detour Yes. Through City
Streets
NOBLE
NOBLE

LOVERS LANE

LOVERS LANE
NORTH
STAGE 2
STAGE 3
32 Construction Staging (Detour 4-2&3)
21 Stage Stage-4, phase-2 and 3
Description of Work Widen and Reconstruct
Noble Ave
Number of working days 20-working day
Lanes Closed All lanes (Nighttime),
Occasional reversing traffic
control (Day time)
Lane Closure hours 10.00 pm to 6.00 am, 9.00
am to 3.00 pm
Traffic detour Yes. Through City Streets
TULARE
SR 198

LOVERS LANE
LOVERS
LANE
STAGE 2
STAGE 3 TULARE
BEN
MADDOX
VISTA
SR 198
NORTH
NORTH
33 Construction Staging
22 Stage Stage-5, phase-1
Description of Work Reconstruct Lovers Lane, South side of Noble Ave Number of working
days
5-working day,
Lanes Closed All Lanes during nighttime
Lane Closure hours 10.00 pm to 6.00 am
Traffic detour Yes. Through City Streets

LOVERS LANE
NOBLE

EB RAMPS
SR 198 LOVERS LN

EB RAMPS
SR 198
NORTH
NORTH
34 Construction Staging (Detour 5-1, Nights)
23 Stage Stage-5, phase-1
Description
of Work
Reconstruct Lovers
Lane, South side of
Noble Ave
Number of
working days
5-working day,
Lanes Closed All Lanes during
nighttime
Lane Closure
hours

10.00 pm to 6.00 am
Traffic detour Yes. Through City
Streets
BEN
MADDOX
VISTA
TULARE

MINERAL KING

LOVERS LANE
SR 198
NORTH
35 Construction Staging
24 Stage Stage-5, phase-2
Description
of Work
Reconstruct Intersections:

EB on/off ramps, Noble,
Mineral King
Number of
working days
2-working day,
Lanes Closed Lovers Lane. All lanes
between Noble Ave and
Mineral King Ave
Lane Closure
hours
56-hour weekend closure,
Friday 10.00 pm to
Monday 6.00 am
Traffic
detour
Yes. Through City Streets
NOBLE

EB RAMPS
SR 198

LOVERS LN
NORTH
36 Construction Staging (Detour 5-2, 56 hours)
25 Stage Stage-5, phase-2
Description
of Work
Reconstruct
Intersections: EB
on/off ramps, Noble,
Mineral King
Number of
working
days
2-working day,
Lanes
Closed
Lovers Lane. All
lanes between Noble
Ave and Mineral King
Ave
Lane
Closure
hours
56-hour weekend
closure, Friday 10.00
pm to Monday 6.00
am
Traffic
detour
Yes. Through City
Streets
GOSHEN
SR 198

MINERAL KING

LOVERS LN
TULARE
BEN
MADDOX

MAIN ST
NORTH 37
Construction Funding Commitment and Schedule
26 Caltrans $20.9 Million
TCAG $2.2 Million
Project Milestone Target Schedule

CALIFORNIA TRANSPORTATION

COMMISSION (CTC)
March 2024
Advertise for Construction April 2024
Construction Approval July 2024
Construction to Begin September/October 2024
Construction Complete July 2026
38 39
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0439 Agenda Date: 3/4/2024 Agenda #: 3.

Agenda Item Wording:

Capital Improvement Program - Review select FY 2024/25 and 2025/26 Capital Improvement Program (CIP) Budgets and future capital plans.

Deadline for Action: 3/4/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Melody Murch, (559)713-4379, [email protected] <mailto:[email protected]> Renee Nagel, (559) 713-4375, [email protected] <mailto:[email protected]> Department Recommendation:

That the City Council receive this second presentation (Impact Fees, Enterprise Funds and Special Revenue Funds) of the City’sdraft Capital Improvement Program (IP) budget and provide direction as appropriate. The Council is scheduled to act upon the CIP budget during the month of June in conjunction with the operating budget. No formal action is required or requested at this time.

Background Discussion:

The Review Process- This is Council’ssecond opportunity to review a portion of the City’sproposed Capital Plan. Portions of the proposed 2024/25 and 2025/26 capital budget are being brought to Council for review at each scheduled meeting between February 20, and April 1, 2024. This allows Council to conduct their review of the proposed CIP budget in manageable groupings.

The Capital Improvement Program presents the two fiscal years 2024/25 and 2025/26 for adoption and appropriation. Four additional years are shown for planning purposes only. This allows Council to plan future projects and consider the near-term impacts of those decisions.

However, only the first two years are proposed for appropriation and deserve greater scrutiny.

Amounts included in the final four years will not be appropriated in the 2-year budget.

Staff has prepared a Power Point presentation to review the proposed Capital Programs of the various funds discussed below. CIP Project Managers will be available to address Council’s questions on proposed projects. To assist Council in reviewing the proposed CIP projects, staff recommends the following: ·
· Staff will present a summary of proposed project appropriations and provide Council with the opportunity to request further information on individual projects. · It is recommended that Council review and either tentatively approve or direct changes to the attached proposed CIP budgets for the selected funds.
· No formal action is required at this time. At Council’sdirection, staff will return with additional information or changes to the CIP at a following meeting, until all projects have been reviewed, Visalia City Council Printed on 4/26/2024Page 1 of 9
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and Council is satisfied with the proposed capital budget for all funds. · A final Capital Improvement Program document will be prepared, after the review process is completed, and included for adoption with the City’s Operating Budget in June 2024.

The CIP includes all projects and equipment purchases costing $10,000 or more. When possible, Capital Projects are separated from the operating budget, using separate capital funds. This allows a clear view of capital activities and prevents operating budgets from being artificially inflated by those same capital activities.

Funds for Review- The eight funds to be reviewed today include three impact fees, one enterprise fund, and four special revenue funds.
· Impact Fee funds hold revenue from fees imposed upon new development to pay for the proportionate costs of providing public infrastructure to serve that new development. These funds can only be used for the purchase or construction of new or expanded infrastructure related to the growth from development.
· Enterprise funds are meant to be self-sufficient, and revenues are restricted to uses designated within the fund in which they are received. Enterprise funds are independent of the General Fund. In general, dollars not used for operating in these funds are available for capital projects.
· Special Revenue funds collect money which must be used for a specific purpose. These funds provide accountability and transparency to tax and rate payers, requiring funding to be spent for an intended purpose.

The Funds to be discussed in today’smeeting include those listed in Table 1: Capital Budget Funds for Review March 4, 2024, below.

Table 1: Capital Budget Funds for Review March 4, 2024
Fund Name Fund #
Proposed
2024-25
Proposed
2025-26
Measure R Bike/Trail 132 428,000 100,000$ Recreation Facilites 211 1,270,400 8,389,800 Storm Sewer 221 1,216,100 3,376,600
Storm Sewer Deficiency 222 487,500 340,000 Ground Water Recharge* 224 213,900 442,000 Waterway Maintenance 251 - -
Waterway Construction 261 505,800 500,000 Storm Sewer Maintenance 481 547,500 185,000 $ 4,669,200 $ 13,333,400 Total Projects 1 Visalia City Council Printed on 4/26/2024Page 2 of 9
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41 File #: 23-0439 Agenda Date: 3/4/2024 Agenda #: 3.

Common Revenues - Storm Sewer Fees
Storm Sewer fees are a source of funding for several of the funds to be reviewed tonight. Every housing unit in the City of Visalia is billed a flat rate of $2.65 monthly on their utility bill for storm sewer. The revenue from this fee is divided amongst several capital funds as shown below in Table 2, Summary of Storm Sewer Fee 2023-24. There is also a variable rate which charges each parcel $.24 per 1,000 sq. ft. This variable fee is deposited to the Storm Sewer Maintenance Fund (481).

Table 2: Summary of Storm Sewer Fee 2023-24
Fee Fund Description

0.51$ 251 Waterway Acquisition

0.84 221/231 Storm Sewer Construction/Wastewater Trunkline

0.67 222 Storm Sewer Deficiency

0.63 223/481 Kaweah Lake Enlargement/Storm Sewer Maintenance

2.65$ Total Monthly Storm Sewer Charge
Measure R Trailways, Fund 132 (CIP detail attached): In 2006, the voters of Tulare County approved Measure R, creating a ½ cent sales tax for transportation within the incorporated and unincorporated area of Tulare County for the following 30 years. The Measure R Trailway fund shares a 14% portion of Measure R revenues with Transit. After funding for Transit, environmental projects and projects in unincorporated areas (Santa Fe gap), the remaining funds are to be used for ballot measure authorized Bike and Pedestrian Trails. Projects are programmed according to the Measure R plan and eligible expenditures are paid to the City on a reimbursement basis. All Measure R Trail projects require review and approval by the Tulare County Association of Governments (TCAG) prior to moving forward. Any new projects approved by Council will be submitted to TCAG to complete the approval process. Ten projects have been included in the capital plan, and 3 of those projects are requesting funding during the 2-year budget. The largest project, Greenway Trail - Mill Creek to St, John’s, is discussed below. · Greenway Trail - Mill Creek to St. John's: This project will Construct a 10' - 12' wide trail from Mill Creek Bridge to St John's Trail and includes landscaping with native trees and shrubs following City of Visalia Urban forestry standards, solar lighting, benches, trash receptacles and trail signage. This is phase 3 to complete the third (3rd) segment of five (5) segments to construct the Greenway Trail from Walnut Ave. to the St. John's Trail and this project is contingent upon receiving grant funds. Multi funded project total of $2.59m is from $541k Measure R Trailways (132), including $230K prior year funding, and $2.05m from State Transportation (281).

For discussion of additional projects included in the Measure R Trails capital plan, please see the project summary in Attachment A.

Recreational Facilities Impact Fee, Fund 211 (CIP detail attached): This fund is derived from developer impact fees paid by developers of residential property in lieu of providing parks and open space. Funds are to be used only for open space acquisition and providing new parks and Visalia City Council Printed on 4/26/2024Page 3 of 9
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space. Funds are to be used only for open space acquisition and providing new parks and recreational facilities. The Recreational Facilities Fund has a total of 14 projects in its capital plan and 8 projects are requesting funding in the two-year budget. The demands on this fund clearly outweigh the resources as shown by the funding deficit in the capital planning years (2026-2030).

Projects must be chosen based upon the greatest impact in response to community needs and development trends. Over the next two years, staff will carefully evaluate the projects included in the planning years and recommendations for which projects to move forward will be brought back in the next capital plan.

The main focus of the projects requesting appropriations in the two years is the design and construction of infrastructure for the East Side Regional Park (ESRP) and development of neighborhood and regional parks to provide basic recreation activities for Visalia citizens. There are four (4) parks planned for land acquisition, design, and/or development to begin during the next two years. These parks will be designed to accommodate the features of their locations with amenities that will generally include walking paths, playgrounds, picnic areas, benches, and open turf. The park locations have been selected in accordance with the General Plan’sElement on Parks and Recreation Facilities and according to development trends. The four park projects not associated with the ESRP that are requesting funding in the 2-year portion of the budget are discussed below. · Goshen-Virmargo Park/Pond: This regional park/pond to be located at the northwest corner of Goshen and Virmargo will serve existing and future development between Cain St, Lovers Lane, Houston Ave, and Mill Creek. Funding will provide for preparation of a shovel-ready design for either potential grant opportunities or excavation by developers. The basin parcel is already City property, but the park will require additional land acquisition to the West. Multi-funded project total of $1.53m from $265K Storm Sewer (221) and $1.26m Parks & Rec (211).
· 4-Acre Neighborhood Park: Per the general plan, the City will acquire land, design, and build a 4-acre neighborhood park in the area of Tulare and Roeben. Neighborhood Parks are intended to provide basic recreation activities for one or more neighborhoods with a service area of one half to one mile radius. Neighborhood parks usually include playgrounds, picnic tables, benches, and walkways. This location will also include innovative features. Annual maintenance costs for this park are estimated to be $96k per year.
· Cameron Creek Regional Park/Basin: Funding to acquire a site for a 5.25 acre storm/recharge basin with a 4-acre park, to include .5 mile asphalt trail along southerly extension of McAuliff adjacent to Cameron Creek to serve existing and future development within the one-mile development block of Lovers Lane to Road 148 and Caldwell to Walnut. Pond may also receive TID exchange water from Cameron Creek.

Geotechnical testing will be required to determine eligibility for ground water recharge funding. Multi-funded: Project total $3.1m from $1.3m current and $537k prior Parks & Rec (211), $442k current and $179k prior Storm Sewer (221), and $432k current and $179k prior GW Recharge (224). Annual maintenance costs for this park are estimated to be $116k per year.
· 2-Acre Neighborhood Park: Acquire land, design, and build a neighborhood park of 2 Visalia City Council Printed on 4/26/2024Page 4 of 9
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· 2-Acre Neighborhood Park: Acquire land, design, and build a neighborhood park of 2 acres in the north side of Ferguson 1/4 mile west of Demaree in accordance with the General Plan's element on Park and Recreation Facilities and development trends. Park improvements are to include walking paths, a playground, picnic area, and open turf.

Funding requested is for acquisition to begin in FY-25/26 with construction to follow in FY- 26/27. Maintenance costs for this park are estimated to be $48k per year.

To review all projects included in the proposed CIP budget, please see the fund summary included in Attachment A.

Storm Sewer Construction, Fund 221 (CIP detail attached): This fund is derived from Storm Sewer developer impact fees collected at the time of development and a portion of the monthly storm sewer user fees. In addition to impact fees, this fund shares $.84 of the $2.65 monthly storm sewer fee with the Wastewater Trunk line Construction Fund (231). Funds are to be used only for construction of new storm sewer infrastructure to implement the Storm Sewer Master Plan. When possible, storm basin projects are combined with neighborhood parks and/or perimeter trails. When this is not feasible, current landscaping standards for basin projects are set at a minimum level, limited to street frontage trees and mulch. Staff pursues any available grants which might pay the cost of tree planting around City basins.

Although projected to be balanced during the appropriation years, the 6-year plan shows this fund in a deficit position in years 4-6. To avoid a deficit, the projects which move forward must be chosen based upon actual development needs and future trends. Over the next two years, staff will evaluate the projects included in the planning years and recommendations for which projects to move forward will be brought back in the next capital plan.

The Storm Sewer Construction fund has a total of 17 projects in its capital plan and 12 projects are requesting funding in the two-year budget. The largest project in the 2-year portion of this capital plan is for design and right-of-way (ROW) acquisition to develop a new regional basin on southwest Shirk. This project is discussed in more detail below.

SW Shirk Regional Basin: Funding for design, ROW, and construction of new regional basin on the West side of South Shirk Road between Paradise Ave and Tulare Ave. This basin will serve the future widening of Shirk and tier 2 and 3 development between SR198 and Walnut Avenue and requires acquisition of approximately 17 acres for the ultimate basin configuration, design, and construction. Development has already started expressing interest in the area.

Starting design and acquisition early will allow for excavation to be done by development as it occurs. Construction by the City is therefore put in the planning years. The projected total cost of this project is $13.6 million, $1.65 million of which is in the 2-year portion of the budget.

To review all projects included in the proposed CIP budget, please see the fund summary included in Attachment A.

Storm Sewer Deficiency, Fund 222 (CIP detail attached): This fund receives $.67 of the $2.65 monthly storm sewer fee. The funds are to be used for construction of storm sewer facilities to correct existing deficiencies as identified in the Storm Sewer Master Plan. The projects in this fund reduce the potential of flooding during storm events. The demands on this fund outweigh the Visalia City Council Printed on 4/26/2024Page 5 of 9
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44 File #: 23-0439 Agenda Date: 3/4/2024 Agenda #: 3.
reduce the potential of flooding during storm events. The demands on this fund outweigh the projected resources as shown by the funding deficit in the capital planning years (2026-2030).

Projects must be chosen based upon the greatest impact in response to community needs and development trends. Over the next two years, staff will carefully evaluate the projects included in the planning years and recommendations for which projects to move forward will be brought back in the next capital plan. The Storm Sewer Deficiency Fund has 7 projects in its capital plan, 5 of which are proposed for funding in the two-year budget. The most significant project proposed for funding in the next 2 years is discussed below.
· County Center/Evans SD Lift Station Overhaul: Funding for evaluation, design, and reconstruction/retrofit of the existing storm drain lift station at County Center and Evans Ditch, just north of Walnut Ave. The existing lift station is poorly designed and constructed leading to poor utilization of existing pumps and flooding on County Center, Demaree, Tulare, and local streets in the surrounding neighborhoods. This project has been identified by Water Collections as a high priority existing deficiency. Existing pumps will be removed and returned to service once the wet well is redone. Project total of $370k is 100% funded by Storm Sewer Deficiency (222).

For more detail on proposed projects please see the fund summary included in Attachment A.

Ground Water Recharge, Fund 224 (CIP detail attached): This fund is derived from a portion of the monthly City utility bill. The fees for this fund are based on the size of the water service line and range from $.59 to $67.46 a month per water connection. In 2002, the City Council adopted this additional fee as part of an agreement with the Tulare Irrigation District and the Kaweah Delta Water Conservation District for the acquisition of water and other activities to improve groundwater levels.

This fund contributes to projects which create opportunities to improve groundwater levels and increase the supply of water to the city. Contributions from this fund for basin projects are contingent upon geotechnical testing to determine the soil infiltration qualities of the basin and any necessary testing will be completed prior to the expenditure of any ground water recharge funds.

Projects with requested appropriations in the 2-year budget are mainly focused on design and land acquisition for projects to be funded in future budgets, which are shown in the planning years (2026- 2030) with a significant amount of future funding planned for the East Side Regional Park (ESRP).

Also included in the proposed expenditures of this fund are operating costs of $227,600 annually which are shown in the Cash Balance Summary of the fund and include the City’sportion of the operating cost of the State mandated Groundwater Sustainability Agency (GSA).

There are six (6) projects in the capital plan for this fund and three (3) of these are requesting funds during the 2-year portion of the budget. For detail on these proposed projects please see the fund summary included in Attachment A.

Waterway Maintenance, Fund 251 (CIP detail attached): This fund was created to account for Visalia City Council Printed on 4/26/2024Page 6 of 9
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Waterway Maintenance, Fund 251 (CIP detail attached): This fund was created to account for acquisition and landscaping of development buffers along designated waterways. The fund receives $.51 of the $2.65 monthly storm sewer user’sfees and funds are to be used only for maintenance of waterways and limited riparian areas located along waterways. The funds are restricted for acquisition and development of setbacks along waterways designated in the Visalia General Plan and restoration of riparian vegetation along the setback areas. The limitations imposed upon this funding make the single proposed project an excellent fit for waterway maintenance. However, the large scope of the Mill Creek Embankment Reconstruction is projected to create a deficit in this fund.

With this project in the planning years, staff will carefully evaluate the project and bring updated estimates of the cost and timeframe for the recovery of this fund, should the project move forward.

For more information on the projected deficit and this proposed project please see the fund summary included in Attachment A.

Waterway Construction, Fund 261 (CIP detail attached): This fund is derived from developer impact fees. The funds are restricted for acquisition and development of setbacks along waterways designated in the Visalia General Plan and restoration of riparian vegetation along the setback areas.

The Waterways Fund has four (4) projects included in the capital plan, with two (2) projects proposed for funding in the 2-year portion of the budget. The main project, which is to acquire and restore riparian area right-of-way along waterways, is meant to occur in conjunction with any development in these areas. For more detail on these proposed projects please see the fund summary included in Attachment A.

Storm Sewer Maintenance Fund, Fund 481 (CIP detail attached): This proprietary fund receives monies generated from storm sewer user fees. The fees for this fund are collected with the monthly utility bill and each parcel is charged $.24 per 1,000 sq. ft. In addition, this fund shares a portion of the monthly flat storm sewer rate. Funds are to be used only for operation, maintenance, and storm sewer improvements, including equipment and vehicle acquisitions related to collection and disposal of storm runoff. Storm sewer maintenance is needed to maximize drainage and prevent water damage during storm events.

In April of 2013, Resolution 2013-25 was adopted making local storm channel maintenance an eligible use of the Kaweah Lake Enlargement/Storm Sewer Maintenance portion of the fee. This has allowed funding to be shifted from the Kaweah Lake fund (223) to the Storm Sewer Maintenance Fund (481). This infusion of funding provided for an increase in staffing, however, it did not provide for any significant increase in capital projects and the Storm Sewer Maintenance Fund remains unable to fund capital improvements which are needed for the repair and maintenance of the City storm drainage system. These projects which continue to be pushed out to the budget planning years, where they create significant deficits, are evidence of this on-going challenge. Without additional funding, projects will again need to be reduced in years 3-6 of the capital plan to prevent deficits.

The Storm Sewer Maintenance Fund has 23 projects in its capital plan 6 of which are proposed for funding in the 2-year budget. Proposed funding is focused on much needed repair and replacement of storm drainage system components and essential vehicles. For more detail on proposed projects please see the fund summary included in Attachment A.

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Fiscal Impact:

The City’s Capital Improvement Plan details a six-year plan for the expenditure of funds and the completion of projects (see Attachment A). Information for the years 2026/27 through 2029/30 is provided for informational and planning purposes and will be revised, updated, and adopted in 2-year increments.

The attached spreadsheets summarize each fund and provide a detailed list of the proposed projects. The fund title and number are followed by a brief explanation of the revenue source and general purpose of the fund. Each fund summary shows projections of the beginning cash, operating revenue (or capital contribution from operating revenue), operating expenditures, proposed CIP expenditures, and the projected ending cash balance for each of the six years.

Prior Council Action:

The following is a list of Capital Funds reviewed at prior Council Session:

FUND Key DESCRIPTION
103 2330 Corporation Yard Impact Fee
231 2490 Wastewater Trunkline
401 4010 Building Safety
406 4060 Animal Services
411 4040 Airport
431 4330 Wastewater
441 4410 Solid Waste
452 4520 Transit Capital
2/20/24
Table 3: Capital Funds Reviewed at Prior
Council Sessions
Other:

Table 3 is a summary of the remaining capital funds to be reviewed by Council on the dates indicated:

FUND Key DESCRIPTION FUND Key DESCRIPTION
111 2370 Gas Tax 001 1010 General Fund
113 2390 SB1-RMRA 012 3820 Police Unclaimed Funds
131 2410 Measure R Local 106 2360 Fire Impact Fee
133 2430 Measure R Regional 413 4130 Convention Center
241 2520 Transportation Impact Fees 511 5110 Information Services 271 2710 Special Service District NE 621 6210 Narcotics Forfeiture 273 2730 Landscape & Lighting
281 2810 State Transportation
311 6110 CDBG
501 5010 Fleet Maintenance
502 5020 Vehicle Replacement 141 1410 Measure N
503 5030 Measure T Police Vehicle Replace
504 5040 Measure T Fire Vehicle Replace
4/1/24
Table 4: Capital Funds to be reviewed by Council in future Council Sessions 4/15/24
04/15/24*
3/18/24
05/06/2024*
* These funds will be reviewed seperately from the Capital Budget process according to the requirements of the individual funding, but will be included in the final budget document for informational purposes.

Visalia City Council Printed on 4/26/2024Page 8 of 9
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FUND Key DESCRIPTION FUND Key DESCRIPTION
111 2370 Gas Tax 001 1010 General Fund
113 2390 SB1-RMRA 012 3820 Police Unclaimed Funds
131 2410 Measure R Local 106 2360 Fire Impact Fee
133 2430 Measure R Regional 413 4130 Convention Center
241 2520 Transportation Impact Fees 511 5110 Information Services 271 2710 Special Service District NE 621 6210 Narcotics Forfeiture 273 2730 Landscape & Lighting
281 2810 State Transportation
311 6110 CDBG
501 5010 Fleet Maintenance
502 5020 Vehicle Replacement 141 1410 Measure N
503 5030 Measure T Police Vehicle Replace
504 5040 Measure T Fire Vehicle Replace
4/1/24
Table 4: Capital Funds to be reviewed by Council in future Council Sessions 4/15/24
04/15/24*
3/18/24
05/06/2024*
* These funds will be reviewed seperately from the Capital Budget process according to the requirements of the individual funding, but will be included in the final budget document for informational purposes.

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

No motion is required or requested at this time.

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

Attachment A: Summary of proposed Capital Projects by Fund Attachment B: Directory of Map Points and Maps
Visalia City Council Printed on 4/26/2024Page 9 of 9
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48

AƩachment A: Summary of Proposed Capital Projects by Fund AƩachment A: Summary of Proposed Capital Projects by Fund 3-4-24

The following pages contain a detailed lisƟng of the capital project requests for review by the fund including a summary of cash flow for each.

Fund Name Fund #Proposed2024-25Proposed2025-26Measure R Bike/Trail 132 428,000 100,000$ Recreation Facilites 211 1,270,400 8,389,800 Storm Sewer 221 1,216,100 3,376,600 Storm Sewer Deficiency 222 487,500 340,000 Ground Water Recharge* 224 213,900 442,000 Waterway Maintenance 251 - - Waterway Construction 261 505,800 500,000 Storm Sewer Maintenance 481 547,500 185,000 $ 4,669,200 $ 13,333,400 Total Projects 49

AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Beginning Cash Balance136,300 136,300 136,300 136,300 136,300 136,300Measure R Bike and Trail Revenue428,000 100,000 1,688,800 823,400 576,300 795,500Capital Improvements(428,000) (100,000) (1,688,800) (823,400) (576,300) (795,500)Total Resources Available for Future Projects 136,300 136,300 136,300 136,300 136,300 136,300# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-301 Greenway Trail - Mill Creek to St. John's: Construct 10' - 12' wide trail from Mill Creek Bridge to St John's Trail. Includes landscaping with native trees and shrubs following City of Visalia Urban forestry standards, solar lighting, benches, trash receptacles and trail signage. Phase 3 to complete the third (3rd) segment of five (5) segments to construct the Greenway Trail from Walnut Ave. to the St. John's Trail. Contingent upon receiving grant funds. Multi funded project total of $2.59m from $541k Measure R Trailways (132) including $230K prior year funding and $2.05m from State Transportation (281).Adrian Rubalcaba CP0523 $$B7311,000 2 Annual Reclamite Various City Trails: Allows rejuvenation of asphalt oils of drying and worn pavement surfaces. Trails will be crack sealed, overlaid, slurry sealed, or reconstructed as needed. Also includes but is not limited to tree trimming, landscaping, trash pick up, and trail lighting. Staff will evaluate the trails on a routine basis for maintenance to be incorporated into the City's Pavement Management Program. Use of Measure R Trails funds for trail maintenance was approved through the Fifth Amendment of Measure R Expenditure Plan. Chantha Chap CP0411 - -N/A100,000 100,000 100,000 100,000 100,000 100,000 3 East Side Regional Park (ESRP) Basin F (Design): Design groundwater recharge Basin F at ESRP using local funds to prepare a "shovel ready" Plans, Specifications, Estimate (PS&E) package. Staff to pursue additional funding for construction of this project. Multi funded project total of $1.3m from $8k current and $9k prior year Gas Tax (111), $17k current and $100k prior year Measure R Trails (132), $135K current and $404k prior year Parks and Rec (211), $108k current and $481k prior year Ground Water Recharge (224), and $6k current and $10k prior year Waterways (261). Rebecca Keenan CP0371 - -B817,000 Measure R Trailways - 132 (2420)2024/25 - 2029/30 Capital Improvement ProgramFund Description: The Measure R Trailway fund shares a 14% portion of the Measure R revenues with Transit. After funding for Transit, environmental projects and projects in unincorporated areas (Santa Fe gap), the remaining funds are to be used for ballot measure authorized Bike and Pedestrian Trails.Cash Balance SummaryAdditional Information: All Measure R Trail projects require review and approval by the Tulare County Association of Governments (TCAG) prior to moving forward. Any new projects approved by Council will be submitted to TCAG to complete the approval process. 50

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-304 Shirk Street Widening - Walnut to Noble: Widen Shirk from 2-lanes to 4-lanes including center median from Noble to Walnut Ave., install master storm trunk line, ditch culvert extension, curb & gutter, pavement, bike lanes, street lighting, utility pole relocations, median landscaping, and other necessary infrastructure. Necessary to continue widening Shirk and alleviate traffic congestion for future development. Sanitary and Storm Sewer improvements funded by separate project. Multi funded total of $13.4m from $44K Wastewater Trunkline (231), $2m Storm Sewer Construction (221), $5.18m Transportation Impact (241), $136k Measure R Local (131), $1m Measure R Trails (132), $5m Measure R Regional (133). Adrian Rubalcaba EB0025 $$C31,000,000 5 Greenway Trail - Cameron Creek to Packwood Creek Trail: Construct a 10'-12' wide trail from Cameron Creek to Packwood Creek trail, landscaped with native trees and shrubs following the City of Visalia Urban Forestry standards. Includes solar lighting, benches, trash receptacles, trail signage, and access connections. Project is 4th segment of 5 planned segments of the Greenway Trail, located south of State Route 198. Contingent upon receiving grant funds. Multi funded project total of $2.3m from $376k Measure R Trailways (132) and $1.96m grant (001). Project contingent upon grant.Adrian Rubalcaba EB0026 $$D1212,300 163,200 6 East Side Regional Park (ESRP) Basin F (Construction): Complete construct a 33 acre groundwater recharge basin at the ESRP including water structures, piping and dry wells. Also includes a pedestrian trail around the top of the new basin, a riparian habitat, two pedestrian bridges, and a small temporary parking lot. Design in separate project. Construction is contingent upon receiving a state/federal grant with 20% local match. Multi funded project total of $9.2m from $83k from Gas Tax (111), $180k Measure R Trails (132), $1.43m Parks and Rec (211), $1.15m Ground Water Recharge (224), 62k Waterways (261), and a $6.3m grant (001). Maintenance cost estimated to be $44k per year. Project Contingent upon grant.Rebecca Keenan EB0046 $$$B8180,400 7 Modoc Basin Trail: Construct approximately 3900 ft of 10' - 12' wide trail around Modoc basin landscaped with native trees and shrubs following City of Visalia Urban forestry standards, for use by the surrounding community. Includes solar lighting, benches, trash receptacles, and trail signage. A chain link fence will also be constructed around the modoc basin per City standards D-42. The addition of this trail to the Modoc Basin will serve as a future connection to the larger bicycle infrastructure throughout the City. Project total of $2.8m includes prior year funding of $2.2m. Maintenance cost estimated to be $44k per year. Diego Corvera CP0561 $$$A5140,000 400,000 2024/25 - 2029/30 Capital Improvement ProgramMeasure R Trailways - 132 (2420) - Continued 51

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-308 East Side Regional Park (ESRP) Basin E (Design & Construct): Design a 12-acre groundwater recharge basin at ESRP including storm water infrastructure, structures, and trails in accordance with the park's masterplan in FY25/26 for proposed construction 27/28, contingent upon receiving a state/federal grant with 20% local match. Mill Creek Realignment in seperate CIP. Multi funded project total of $5.3m from $225k Measure R Trails (132), $626K Parks and Rec (211), $1.07m Ground Water Recharge (224), and $3.35m grant (001). Project contingent upon grant.Rebecca Keenan EB0044 - -B856,100 160,200 8,500 9 Greenway Trail - Cameron Creek to Caldwell Ave (Construction): Construct 10'-12' wide trail from Cameron Creek to Caldwell Avenue along the Road 148 alignment landscaped with native trees and shrubs following the City of Visalia Urban Forestry standards, and including solar lighting, benches, trash receptacles, and trail signage. Project is 5th and final segment of the Greenway Trail, located south of State Route 198, connecting the terminus of Phase 4 to Caldwell Avenue per the City's Active Transportation Plan. Contingent upon receiving grant funds. Multi funded project total of $5.1m from $1.14m Measure R Trailways (132) and $4m grant (001).Adrian Rubalcaba EB0027 $$D2446,600 695,500 10 Cameron Creek Park/Basin: Locate and acquire site for 10-11 acre neighborhood park and storm/recharge basin north of Caldwell Avenue adjacent to Cameron Creek to receive TID exchange water through Cameron Creek, through development of a later project. Geotechnical testing will be required to determine soil infiltration characteristics for ground water recharge purposes and eligibility for ground water recharge funding. Multi-funded project total of $5.1m from $2.3m Recreation (211), $1.4m Storm Sewer (221), $1.4m GW Recharge (224), and $21K Measure R Trailways (132). Maintenance cost estimated to be $86k per year.Cody McLaughlin EB0028 $$$N/A21,200 0 428,000 100,000 1,688,800 823,400 576,300 795,500 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased.- - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description.$ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description$$ Annual Maintenance costs is $5,000 to $25,000 Measure R Trailways - 132 (2420) - Continued2024/25 - 2029/30 Capital Improvement Program 52

AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Beginning Cash Balance5,298,800 6,507,400 624,600(3,475,500) (10,310,100) (40,275,000)Park and Recreational Impact Fees2,417,000 2,465,400 2,514,700 2,565,000 2,616,300 2,668,600Interest Earnings81,600 61,200 45,900 34,400 25,800 19,400Operating Expenditures(19,600) (19,600) (20,000) (20,400) (20,800) (21,200)Capital Improvements(1,270,400) (8,389,800) (6,640,700) (9,413,600) (32,586,200) (1,930,600)Total Resources Available for Future Projects 6,507,400 624,600(3,475,500) (10,310,100) (40,275,000) (39,538,800)# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-301 Road 148-Mineral King to St. John's Parkway: Design and construct approximately 6,400 ft of Tower Street from Mineral King to St. John's Parkway, excluding the new Interchange to SR 198 for access to park/basins, to be 4-lane, north-south arterial along Rd 148 alignment, in coordination with future interchange at SR 198 and SR216 (Houston Ave); the SCE towers; and the Greenway Trail. Includes culvert crossing of Mill Creek (Army Corp Permit). Development in east Visalia, around SR 198, requires another north/south arterial. Multi funded project total of $22.4m from $10.2mTransportation Impact (241) including $97k prior year funding and $12.3m Parks & Rec (211) including $98k prior year funding. Maintenance cost estimated to be $28k per year.Rebecca Keenan CP0525 $$$B71,060,500 2,245,300 160,700 8,690,000 2 East Side Regional Park (ESRP) Basin F (Design): Design groundwater recharge Basin F at ESRP using local funds to prepare a "shovel ready" Plans, Specifications, Estimate (PS&E) package. Staff to pursue additional funding for construction of this project. Multi funded project total of $1.3m from $8k current and $9k prior year Gas Tax (111), $17k current and $100k prior year Measure R Trails (132), $135K current and $404k prior year Parks and Rec (211), $108k current and $481k prior year Ground Water Recharge (224), and $6k current and $10k prior year Waterways (261). Rebecca Keenan CP0371 - -B8134,900 3 Master Plan Update - The Community Services Department was created in May of 2020. With it being a new department that incompasses Recreation, Parks, Urban Forestry, Buildings, and Trails, a inclusive Department Master Plan is needed. Multi funded total of $225k from $175k General Fund and $50k Recreation Facilities. Alvin Dias CS0001 - -N/A50,000 Recreation Facilities - 211 (2440)2024/25 - 2029/30 Capital Improvement ProgramFund Description: This fund is derived from impact fees paid by developers in lieu of providing parks and open space. Funds are to be used to implement the Parks Master Plan for open space acquisition and providing park and other recreational facilities.Cash Balance Summary 53

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-304 Goshen-Virmargo Park/Pond: Design regional park/pond at the northwest corner of Goshen and Virmargo to serve existing and future development between Cain St, Lovers Lane, Houston Ave, and Mill Creek. Goal is to prepare shovel-ready design for either potential grant opportunities or excavation by developers. Basin parcel is already City property but park will require additional land acquisition to the West. Multi-funded project total of $1.53m from $265K Storm Sewer (221) and $1.26m Parks & Rec (211).Katherine Woodhull - Fuget EB0036 $B625,000 1,240,000 5 4-Acre Neighborhood Park: Per the general plan the City will acquire land, design, and build a 4-acre neighborhood park in the area of Tulare and Roeben. Neighborhood Parks are intended to provide basic recreation activities for one or more neighborhoods with a service area of one half to one mile radius. Neighborhood parks usually include playgrounds, picnic tables, benches, and walkways. This location will also include innovative features. Annual maintenance costs for this park are estimated to be $96k per year. Alvin Dias CP0563 $$$N/A2,725,000 6 East Side Regional Park (ESRP) On-Site Streets & Update Site Layout: Design of interior streets & infrastructure at the East Side Regional Park, including McKinley Ave. (4,400 LF) and Villoy Ave. (3,000 LF) to include utilities (water, electric, gas, sanitary sewer), streets, a box culvert, lighting, and parking analysis within the park. Update Site Master Plan Layout to apply preliminary engineering design to locate the facilities for the entire site. Excludes design of play fields, buildings, and other public recreation facilities. FY25/26- 26/27 topo survey, design, estimating, permitting; Approx. $2.4M. FY27/28-28/29 Construction. Mulit funded project total of $18m from $13.6m Parks and Rec (211), and $4.5m Transportation Impact (TIF). Annual Maintenance costs of these improvements are estimated to be $49k.Rebecca KeenanEB0051 $$$B81,863,500 11,694,200 83,500 7 Cameron Creek Regional Park/Basin: Acquire site for a 5.25 acre storm/recharge basin with 4-acre park, to include .5 mile asphalt trail along southerly extension of McAuliff adjacent to Cameron Creek to serve existing and future development within the one-mile development block of Lovers Lane to Road 148 and Caldwell to Walnut. May also receive TID exchange water from Cameron Creek. Geotechnical testing will be required to determine eligibility for ground water recharge funding. Multi-funded: Project total $3.1m from $1.3m current and $537k prior Parks & Rec (211), $442k current and $179k prior Storm Sewer (221), and $432k current and $179k prior GW Recharge (224). Annual maintenance costs for this park are estimated to be $116k per year.Cody McLaughlin CP0517 $$$N/A1,306,000 Recreation Facilities - 211 (2440) - Continued2024/25 - 2029/30 Capital Improvement Program 54

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-308 2-Acre Neighborhood Park: Acquire land, design, and build a neighborhood park of 2 acres in the north side of Ferguson 1/4 mile west of Demaree in accordance with the General Plan's element on Park and Recreation Facilities and development trends Park improvements to include walking paths, playground, picnic area, and open turf. Funding for acquisition to begin in FY-25-26 with construction to follow in FY-26-27. Maintenance costs for this park are estimated to be $48k per year.Alvin Dias CP0425 $$$N/A250,000 2,450,000 9 East Side Regional Park (ESRP) Basin F (Construction): Complete construct a 33 acre groundwater recharge basin at the ESRP including water structures, piping and dry wells. Also includes a pedestrian trail around the top of the new basin, a riparian habitat, two pedestrian bridges, and a small temporary parking lot. Design in separate project. Construction is contingent upon receiving a state/federal grant with 20% local match. Multi funded project total of $9.2m from $83k from Gas Tax (111), $180k Measure R Trails (132), $1.43m Parks and Rec (211), $1.15m Ground Water Recharge (224), 62k Waterways (261), and a $6.3m grant (001). Maintenance cost estimated to be $44k per year. Project Contingent upon grant.Rebecca Keenan EB0046 $$$B81,433,200 10 Southside Open Space and Basin: Acquire land for development of linear, landscaped basin with functional passive space open on the south side of SR-198, east of Shirk St. to receive City storm water flows from Mill Creek through either Persian-Watson Ditch or through a pipeline north under SR-198. Phase 1 to be implemented with the Sierra Village development expansion requiring relocate of existing basin. Project includes acquisition of the anticipated additional ROW needed for the Shirk 198 Interchange. Construction not included. Multi funded project total of $2.8m from $944k Parks & Rec (211), $1.42m Storm Sewer (221), and $421k Transportation Impact (241). Katherine Woodhull - Fuget EB0040 $C1944,600 Recreation Facilities - 211 (2440) - Continued2024/25 - 2029/30 Capital Improvement Program 55

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-3011 Northside Open Space and Basin - West of Shirk: Northside Highway 198 Open Space Setback Area (west of Shirk) - Acquire approximately 30.1 acres of land from three parcels for the northwest scenic setback area and riparian setback from Mill Creek to develop as passive recreational open space and drainage basin to serve existing and planned development north of Highway 198 between Clancy and Shirk. Acquisition of land for the northwest portion (between Clancy and Shirk) planned in 26/27, starting at Clancy and heading east, acquiring one parcel per year. Multi-funded project total of $3m from $868k Parks & Rec (211), $1.3m Storm Sewer (221), and $900k Waterways (261). Katherine Woodhull - Fuget EB0037 $$A2256,000 228,000 384,000 12 East Side Regional Park (ESRP) Basin E (Design & Construct): Design a 12-acre groundwater recharge basin at ESRP including storm water infrastructure, structures, and trails in accordance with the park's masterplan in FY25/26 for proposed construction 27/28, contingent upon receiving a state/federal grant with 20% local match. Mill Creek Realignment in seperate CIP. Multi funded project total of $5.3m from $225k Measure R Trails (132), $626K Parks and Rec (211), $1.07m Ground Water Recharge (224), and $3.35m grant (001). Project contingent upon grant.Rebecca Keenan EB0044 - -B8156,200 445,600 23,700 13 New Recreation Center - This project will include the construction of an approximately 60,000 sq. ft. indoor recreational facility at a site to be later determined. Location and amenities to be determined by proposed Parks and Recreation Master Plan. Maintenance cost estimated to be $450k per year.Alvin Dias CS0054 $$$N/A50,000 20,000,000 14 Cameron Creek Park/Basin: Locate and acquire site for 10-11 acre neighborhood park and storm/recharge basin north of Caldwell Avenue adjacent to Cameron Creek to receive TID exchange water through Cameron Creek, through development of a later project. Geotechnical testing will be required to determine soil infiltration characteristics for ground water recharge purposes and eligibility for ground water recharge funding. Multi-funded project total of $5.1m from $2.3m Recreation (211), $1.4m Storm Sewer (221), $1.4m GW Recharge (224), and $21K Measure R Trailways (132). Maintenance cost estimated to be $86k per year.Cody McLaughlin EB0028 $$$N/A484,300 1,847,100 1,270,400 8,389,800 6,640,700 9,413,600 32,586,200 1,930,600 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased.- - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description.$ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description$$ Annual Maintenance costs is $5,000 to $25,000 Recreation Facilities - 211 (2440) - Continued2024/25 - 2029/30 Capital Improvement Program 56

AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Beginning Cash Balance3,723,200 3,786,400 1,717,300 53,700(15,260,000) (15,359,700)Utility User and Developer Impact Fees1,310,800 1,339,200 1,366,000 1,393,300 1,421,200 1,449,600Operating Expenditures (staff costs, allocations, etc.)(31,500) (31,700) (32,300) (32,900) (33,600) (34,300)Capital Improvements(1,216,100) (3,376,600) (2,997,300) (16,674,100) (1,487,300) (1,472,500)Total Resources Available for Future Projects 3,786,400 1,717,300 53,700(15,260,000) (15,359,700) (15,416,900)# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-301 Goshen-Virmargo Park/Pond: Design regional park/pond at the northwest corner of Goshen and Virmargo to serve existing and future development between Cain St, Lovers Lane, Houston Ave, and Mill Creek. Goal is to prepare shovel-ready design for either potential grant opportunities or excavation by developers. Basin parcel is already City property but park will require additional land acquisition to the West. Multi-funded project total of $1.53m from $265K Storm Sewer (221) and $1.26m Parks & Rec (211).Katherine Woodhull - Fuget EB0036 $B6265,000 2 Shirk Street Widening - Walnut to Noble: Widen Shirk from 2-lanes to 4-lanes including center median from Noble to Walnut Ave., install master storm trunk line, ditch culvert extension, curb & gutter, pavement, bike lanes, street lighting, utility pole relocations, median landscaping, and other necessary infrastructure. Necessary to continue widening Shirk and alleviate traffic congestion for future development. Sanitary and Storm Sewer improvements funded by separate project. Multi funded total of $13.4m from $44K Wastewater Trunkline (231), $2m Storm Sewer Construction (221), $5.18m Transportation Impact (241), $136k Measure R Local (131), $1m Measure R Trails (132), $5m Measure R Regional (133). Adrian Rubalcaba EB0025 $$C3249,000 1,750,700 3 Annual Storm Sewer Oversizing: Construct various storm drain lines. Pays the City's annual cost of reimbursing developers for the design and construction of storm drain lines which implement the Storm Water Master Plan. To implement necessary Storm Sewer Master improvements and reimburse developers for implementation of Master Plan.Jason Huckleberry CP9229 - -N/A200,000 200,000 200,000 200,000 200,000 200,000 Storm Sewer Construction - 221 (2450)2024/25 - 2029/30 Capital Improvement ProgramFund Description: This fund is derived from Storm Sewer impact fees collected at the time of development and a portion of the monthly storm sewer users fees. This fund shares $.84 of the $2.65 monthly storm sewer fee with the Wastewater Trunkline construction fund (1231). Funds are to be used only for construction of new storm sewer infrastructure to implement the Storm Sewer Master Plan.Cash Balance Summary 57

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-304 Shirk Street Widening Over Mill Creek: Construct a 330-foot extension of the existing Shirk Street culvert crossing at Mill Creek located between Hillsdale Avenue and School Avenue. This work includes the culvert extension, extension of existing storm drain line, and the street improvements for widening Shirk within the vicinity of the culvert. Multi funded projet total of $4.9M from $171K Measure N (141) prior year funding, $4.6M from Transportation Impact (241) prior year funding, and $122K from Storm Sewer (221). Adrian Rubalcaba CP0305 $A3122,000 5 Sierra Village Basin Study: Study-Feasibility of Sierra Village Basin, Lift Station, and tributary network to evaluate existing system function and capacity and identify means of improvement. Includes feasibility of basin relocation for the Southside Scenic Corridor and development of concept-level plans to asses existing deficiency/flooding concerns at the Sierra Village Basin. Multi funded project total of $150k from $113K Storm Sewer (221), and $37K Storm Sewer Deficiency.Katherine Woodhull - Fuget EB0039 - -N/A112,500 6 Virmargo Right of Way & Utility Installation: Acquisition of Virmargo Right of Way between Goshen and Houston, design and construction of sewer lift station at Goshen and Virmargo (to be coordinated with park/pond) and installation of storm and sewer main in Virmargo alignment. Connects to Irma Sewer (CP9457) by designing and constructing sewer lift station and main to serve Irma and undeveloped area between Goshen and Houston allowing future tie-in of development north of Goshen to future park/pond funded by separate CIP request. Multi-funded project total of $2.6m from $791k Storm Sewer Construction (221), $873k Wastewater Trunkline (231), $873 WWTP (431), and $117k Transportation Impact Fee (241). Katherine Woodhull - Fuget EB0043 $B5106,600 684,600 7 Modoc Basin Improvements: Define the ultimate basin footprint and configuration with preliminary and engineering design for the modoc basin in 24/25, and construction beginning 27/28. Includes a Geotechincal report and study to determine how the conceptual two compartment basin can serve as both recharge and flood control. Grading and Construction of the Modoc Basin ultimate footprint will accommodate flood control purposes for Tier II Urban Development around and north of the Modoc Basin. Multi funded project total of $1.4m from $717k Ground Water Recharge (224) and $717k Storm Sewer Construction (221).Cody McLaughlin EB0029 - -A5105,500 611,800 2024/25 - 2029/30 Capital Improvement ProgramStorm Sewer Construction - 221 (2450) - Continued 58

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-308 Auto Plaza Basin Expansion: Acquire an additional 3.5 acres to the west of the current basin site to allow the basin to be expanded in capacity. Originally designed to be a detention basin with a discharge pump, the design has been changed to be a retention basin with no pump to serve a larger regional area, requiring expansion to provide the needed capacity within the Plaza Business Park and The Square at Plaza Drive master planned projects. Project total of $1.19m, includes prior year funding of $200K. Cody McLaughlin CP0302 $A145,500 124,000 825,000 9 Annual Storm Sewer Construction Administration: Staff preliminary design and administration of new storm sewer construction projects as identified in the Storm Sewer Master Plan. To implement necessary Storm Sewer Master improvements for implementation of the Master Plan. Jason Huckleberry CP8222 - -N/A10,000 10,000 10,000 10,000 10,000 10,000 10 SW Shirk Regional Basin: Design, ROW, and construction of new regional basin on West side of S Shirk Rd between Paradise Ave and Tulare Ave. Basin will serve the future widening of Shirk and tier 2 and 3 development between SR198 and Walnut Ave. Acquire approximately 17 acres for ultimate basin configuration, design, and construction. Development has already started expressing interest in the area. Starting design and acquisition early will allow for excavation to be done by development as it occurs. Construction by the City is therefore put in the planning years.Katherine Woodhull-Fuget EB0009 $$C21,650,000 11,914,000 11 Cameron Creek Regional Park/Basin: Acquire site for a 5.25 acre storm/recharge basin with 4-acre park, to include .5 mile asphalt trail along southerly extension of McAuliff adjacent to Cameron Creek to serve existing and future development within the one-mile development block of Lovers Lane to Road 148 and Caldwell to Walnut. May also receive TID exchange water from Cameron Creek. Geotechnical testing will be required to determine eligibility for ground water recharge funding. Multi-funded: Project total $3.1m from $1.3m current and $537k prior Parks & Rec (211), $442k current and $179k prior Storm Sewer (221), and $432k current and $179k prior GW Recharge (224). Annual maintenance costs for this park are estimated to be $116k per year.Cody McLaughlin CP0517 $$$N/A432,000 Storm Sewer Construction - 221 (2450) - Continued2024/25 - 2029/30 Capital Improvement Program 59

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-3012 North Shirk Storm Drain Line Extension: Extend the existing 48" storm drain line in Hillsdale Avenue north on Shirk Street for 2,800 feet with pipe sizes to vary from 36" to 48". Requires full expansion and/or ultimate configuration of the North Scenic Park & Basin project (CP9719) and will be done in coordination with the future westerly widening of Shirk. This storm drain line will provide necessary storm water infrastructure to support the watershed boundary north of SR-198 and east of Shirk. Chantha Chap EB0008 $A4400,000 1,400,000 13 Southside Open Space and Basin: Acquire land for development of linear, landscaped basin with functional passive space open on the south side of SR-198, east of Shirk St. to receive City storm water flows from Mill Creek through either Persian-Watson Ditch or through a pipeline north under SR-198. Phase 1 to be implemented with the Sierra Village development expansion requiring relocate of existing basin. Project includes acquisition of the anticipated additional ROW needed for the Shirk 198 Interchange. Construction not included. Multi funded project total of $2.8m from $944k Parks & Rec (211), $1.42m Storm Sewer (221), and $421k Transportation Impact (241). Katherine Woodhull - Fuget EB0040 $C1448,500 386,100 448,500 133,800 14 Northside Open Space and Basin - West of Shirk: Northside Highway 198 Open Space Setback Area (west of Shirk) - Acquire approximately 30.1 acres of land from three parcels for the northwest scenic setback area and riparian setback from Mill Creek to develop as passive recreational open space and drainage basin to serve existing and planned development north of Highway 198 between Clancy and Shirk. Acquisition of land for the northwest portion (between Clancy and Shirk) planned in 26/27, starting at Clancy and heading east, acquiring one parcel per year. Multi-funded project total of $3m from $868k Parks & Rec (211), $1.3m Storm Sewer (221), and $900k Waterways (261). Katherine Woodhull - Fuget EB0037 $$A2384,000 342,000 576,000 15 Highland St. Storm Drain: Install a storm drain line along Highland St alignment from Ferguson Ave to connect to an existing 48" storm main in front of Highland Gardens development and connect the line into Fairview Park/Basin. In addition, expand the storage capacity of the Park/Basin, and incorporate water quality into the expanded basin design. This project includes design, construction, and additional excavation to provide additional storage capacity. Multi funded project total of $1.26m from $502k Storm Sewer Construction (221) including $60k prior year funding, and $753k Storm Sewer Deficiency (222) including $91k prior year funding.Katherine Woodhull - Fuget CP9796 $B280,100 421,200 Storm Sewer Construction - 221 (2450) - Continued2024/25 - 2029/30 Capital Improvement Program 60

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-3016 Storm Drain and Sewer Master Plan Update: Update Storm and Sanitary Sewer Master Plans. Facility Master Plans should be updated every 5 years to incorporate any changes in infrastructure, land use, and environmental conditions. Includes a new nexus study to justify the storm and sanitary sewer impact and utility fees and CEQA review. Current update to the facility master plans was implemented in 22/23, updating the storm and sewer master plans since 1994. Multi funded project total of $940k from $564k Storm Sewer Construction (221), and $376k Wastewater Trunkline (231).Katherine Woodhull - Fuget EB0041 - -N/A564,000 17 Cameron Creek Park/Basin: Locate and acquire site for 10-11 acre neighborhood park and storm/recharge basin north of Caldwell Avenue adjacent to Cameron Creek to receive TID exchange water through Cameron Creek, through development of a later project. Geotechnical testing will be required to determine soil infiltration characteristics for ground water recharge purposes and eligibility for ground water recharge funding. Multi-funded project total of $5.1m from $2.3m Recreation (211), $1.4m Storm Sewer (221), $1.4m GW Recharge (224), and $21K Measure R Trailways (132). Maintenance cost estimated to be $86k per year.Cody McLaughlin EB0028 $$$N/A252,800 1,128,700 1,216,100 3,376,600 2,997,300 16,674,100 1,487,300 1,472,500 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased.- - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description.$ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description$$ Annual Maintenance costs is $5,000 to $25,000 2024/25 - 2029/30 Capital Improvement ProgramStorm Sewer Construction - 221 (2450) - Continued 61

AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Beginning Cash Balance142,100 49,700 110,800(30,700) (671,200) (667,200)Storm Sewer Fees417,900 426,300 439,100 452,300 465,900 479,900Interest Earnings (Expense)8,700 6,500 6,600 6,700 6,800 6,900Operating Expenditures(31,500) (31,700) (32,700) (33,700) (34,700) (35,700)Capital Improvements(487,500) (340,000) (554,500) (1,065,800) (434,000) (434,000)Total Resources Available for Future Projects 49,700 110,800(30,700) (671,200) (667,200) (650,100)# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-301 County Center/Evans SD Lift Station Overhaul: Evaluation, design, and reconstruction/retrofit of the existing storm drain lift station at County Center and Evans Ditch, just north of Walnut Ave. Existing lift station is poorly designed and constructed leading to poor utilization of existing pumps and flooding on County Center, Demaree, Tulare, and local streets in the surrounding neighborhoods. Identified by Water Collections as high priority existing deficiency. Project would keep (remove and return) existing pumps once wet well is redone.Katherine Woodhull-Fuget EB0011 - -C5370,000 2 Storm Sewer Master Plan and Service Charge Update: Update the City’s 1994 Storm Master Plan, storm development impact fee, and storm service charges. Complete CEQA review of the updated master plan as part of the master plan adoption process. Following master plan nexus study, perform Prop 218 service charge adoption process to update the storm sewer service charges. Multi funded project total of $??K from $226k Storm Sewer Deficiency (222) including $166k prior year funding, and 481 Storm Sewer Deficiency (481).Katherine Woodhull-Fuget CP9067 - -N/A60,000 3 Sierra Village Basin Study: Study-Feasibility of Sierra Village Basin, Lift Station, and tributary network to evaluate existing system function and capacity and identify means of improvement. Includes feasibility of basin relocation for the Southside Scenic Corridor and development of concept-level plans to asses existing deficiency/flooding concerns at the Sierra Village Basin. Multi funded project total of $150k from $113K Storm Sewer (221), and $37K Storm Sewer Deficiency.Katherine Woodhull - Fuget EB0039 - -N/A37,500 4 Annual Developer Reimbursement Storm Sewer Deficiency: Reimburse developers for improvement of existing drainage deficiencies in infill areas with their proposed projects. Does not include new storm drainage that results from new construction. The continued and ongoing maintenance of the improvements completed under this CIP is maintained by a separate City CIP.Jason Huckleberry CP8143 - -N/A20,000 20,000 20,000 20,000 20,000 20,000 Storm Sewer Deficiency - 222 (2460)2024/25 - 2029/30 Capital Improvement ProgramFund Description: This fund is derived from a portion of the monthly storm sewer users fees. This fund receives $.67 of the $2.65 monthly storm sewer fee. Funds are to be used for construction of storm sewer facilities to correct existing deficiencies as identified in the Storm Sewer Master Plan. Cash Balance Summary 62

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-305 Flood Layoff Feasibility Study: Identify potential additional locations to layoff flood waters from Mill Creek using hydraulic analysis. Investigate the feasibility of cooperative agreements as well as land acquisition. Develop high-level plans, specs, and estimates for any necessary flow diversion structures. Scope may include designing diversionary structures and researching/pursuing grants for construction/acquisition. Katherine Woodhull-Fuget EB0012 - -N/A320,000 6 Substandard Residential Drainage Systems: Install new or upsized storm drainge components in older neighborhoods with incomplete or undersized drainage systems not meeting city standards. Storm drainage components include curb and gutter, drain inlets, laterals, manholes, and main lines. Many older neighborhoods were developed in the county and subsequently annexed by the City and do not meet City standards. These neighborhoods may have a mixture of lots with and without curb and gutter. Typically the addition of curb and gutter, drain inlets, laterals, manholes, and main lines is necessary to bring the drainage system up to City Standards. Cody McLaughlin EB0013 $N/A414,000 414,000 414,000 414,000 7 Highland St. Storm Drain: Install a storm drain line along Highland St alignment from Ferguson Ave to connect to an existing 48" storm main in front of Highland Gardens development and connect the line into Fairview Park/Basin. In addition, expand the storage capacity of the Park/Basin. This project includes design, construction, and additional excavation to provide additional storage capacity. Multi funded project total of $1.26m from $502k Storm Sewer Construction (221) including $60k prior year funding, and $753k Storm Sewer Deficiency (222) including $91k prior year funding.Katherine Woodhull - Fuget CP9796 $B2120,500 631,800 487,500 340,000 554,500 1,065,800 434,000 434,000 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased.- - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description.$ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description$$ Annual Maintenance costs is $5,000 to $25,000 2024/25 - 2029/30 Capital Improvement ProgramStorm Sewer Deficiency - 222 (2460) 63

AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Beginning Cash Balance1,578,800 2,362,000 2,938,900 2,567,900 2,271,900 3,091,800Ground Water Recharge Fees405,300 417,500 430,000 442,900 456,200 469,900Ground Water Extraction Fees528,900 544,800 561,100 577,900 595,200 613,100Ground Water Annexations Fees290,800 299,500 308,500 317,800 327,300 337,100Investment Earnings and Penalties42,700 34,800 35,800 36,900 38,000 39,100Operating Expenditures(270,600) (277,700) (286,000) (294,600) (303,400) (312,500)Capital Improvements(213,900) (442,000) (1,420,400) (1,376,900) (293,400) (1,128,700)Total Resources Available for Future Projects 2,362,000 2,938,900 2,567,900 2,271,900 3,091,800 3,109,800# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-301 East Side Regional Park (ESRP) Basin F (Design): Design groundwater recharge Basin F at ESRP using local funds to prepare a "shovel ready" Plans, Specifications, Estimate (PS&E) package. Staff to pursue additional funding for construction of this project. Multi funded project total of $1.3m from $8k current and $9k prior year Gas Tax (111), $17k current and $100k prior year Measure R Trails (132), $135K current and $404k prior year Parks and Rec (211), $108k current and $481k prior year Ground Water Recharge (224), and $6k current and $10k prior year Waterways (261). Rebecca Keenan CP0371 - -B8108,400 2 Modoc Basin Improvements: Define the ultimate basin footprint and configuration with preliminary and engineering design for the modoc basin in 24/25, and construction beginning 27/28. Includes a Geotechincal report and study to determine how the conceptual two compartment basin can serve as both recharge and flood control. Grading and Construction of the Modoc Basin ultimate footprint will accommodate flood control purposes for Tier II Urban Development around and north of the Modoc Basin. Multi funded project total of $1.4m from $717k Ground Water Recharge (224) and $717k Storm Sewer Construction (221). Cody McLaughlin EB0029 - -A5105,500 611,700 3 Cameron Creek Regional Park/Basin: Acquire site for a 5.25 acre storm/recharge basin with 4-acre park, to include .5 mile asphalt trail along southerly extension of McAuliff adjacent to Cameron Creek to serve existing and future development within the one-mile development block of Lovers Lane to Road 148 and Caldwell to Walnut. May also receive TID exchange water from Cameron Creek. Geotechnical testing will be required to determine eligibility for ground water recharge funding. Multi-funded: Project total $3.1m from $1.3m current and $537k prior Parks & Rec (211), $442k current and $179k prior Storm Sewer (221), and $432k current and $179k prior GW Recharge (224). Annual maintenance costs for this park are estimated to be $116k per year.Cody McLaughlin CP0517 $$$N/A442,000 Ground Water Recharge - 224 (2480)2024/25 - 2029/30 Capital Improvement ProgramFund Description: This fund is derived from a portion of the monthly City utility bill. The fees for this fund are based on the size of the water service line that range from $.59 to $67.46 a month. In 2002, City Council adopted the additional fee as part of an agreement with Tulare Irrigation District and Kaweah Delta Water Conservation District for the acquisition of water and other activities to improve groundwater levels and increase supply of water to the City.Cash Balance Summary 64

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-304 East Side Regional Park (ESRP) Basin F (Construction): Complete construct a 33 acre groundwater recharge basin at the ESRP including water structures, piping and dry wells. Also includes a pedestrian trail around the top of the new basin, a riparian habitat, two pedestrian bridges, and a small temporary parking lot. Design in separate project. Construction is contingent upon receiving a state/federal grant with 20% local match. Multi funded project total of $9.2m from $83k from Gas Tax (111), $180k Measure R Trails (132), $1.43m Parks and Rec (211), $1.15m Ground Water Recharge (224), 62k Waterways (261), and a $6.3m grant (001). Maintenance cost estimated to be $44k per year. Project Contingent upon grant.Rebecca Keenan EB0046 $$$B81,152,200 5 East Side Regional Park (ESRP) Basin E (Design & Construct): Design a 12-acre groundwater recharge basin at ESRP including storm water infrastructure, structures, and trails in accordance with the park's masterplan in FY25/26 for proposed construction 27/28, contingent upon receiving a state/federal grant with 20% local match. Mill Creek Realignment in seperate CIP. Multi funded project total of $5.3m from $225k Measure R Trails (132), $626K Parks and Rec (211), $1.07m Ground Water Recharge (224), and $3.35m grant (001). Project contingent upon grant.Rebecca Keenan EB0044 - -B8268,200 765,200 40,600 6 Cameron Creek Park/Basin: Locate and acquire site for 10-11 acre neighborhood park and storm/recharge basin north of Caldwell Avenue adjacent to Cameron Creek to receive TID exchange water through Cameron Creek, through development of a later project. Geotechnical testing will be required to determine soil infiltration characteristics for ground water recharge purposes and eligibility for ground water recharge funding. Multi-funded project total of $5.1m from $2.3m Recreation (211), $1.4m Storm Sewer (221), $1.4m GW Recharge (224), and $21K Measure R Trailways (132). Maintenance cost estimated to be $86k per year.Cody McLaughlin EB0028 $$$N/A252,800 1,128,700 213,900 442,000 1,420,400 1,376,900 293,400 1,128,700 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased.- - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description.$ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description$$ Annual Maintenance costs is $5,000 to $25,000 2024/25 - 2029/30 Capital Improvement ProgramGround Water Recharge - 224 (2480) 65

AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Beginning Cash Balance15,200 26,400 39,600(38,700) (794,500) (770,200)User Fees (Waterways Rate)322,000 331,300 341,200 351,400 361,900 372,800Operating Expenditures(310,800) (318,100) (324,500) (331,000) (337,600) (344,400)Capital Improvements0 0(95,000) (776,200)0 0Total Resources Available for Future Projects 26,400 39,600(38,700) (794,500) (770,200) (741,800)# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-301 Mill Creek Embankment Reconstruction: Rebuild the Mill Creek embankments and stabilize with erosion control in Mill Creek between Willis Street and West Street. The embankment along Mill Creek between Willis Street and West Street has been eroding due to the flow of water as the creek bends between Willis Street and West Street. The creek embankment needs to be rebuilt and stabilized with erosion control measures to prevent increasing embankment deterioration and impact to the nearby existing facilities. The Mill Creek is a designated waterway. Project total of $1.74m from $871k Waterways Maintenance (251) and $871k Storm Sewer Maintenance (481). Cody McLaughlin CP0570 - -B495,000 776,200 0 0 95,000 776,200 0 0 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased.- - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description.$ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description$$ Annual Maintenance costs is $5,000 to $25,000 Waterways Maintenance - 251 (2530)2024/25 - 2029/30 Capital Improvement ProgramFund Description: This fund is derived from a portion of the monthly storm sewer users fees. This fund receives $0.51 of the $2.65 monthly storm sewer fee. Funds are to be used for maintenance of waterway and ripairian areas.Cash Balance Summary 66

AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Beginning Cash Balance3,327,100 3,338,400 3,362,300 3,081,700 2,922,500 2,524,800Waterways Impact Fee487,700 502,300 517,400 532,900 548,900 565,400Interest Earnings and Miscellaneous Revenues37,800 30,000 22,500 16,900 12,700 9,500Operating Expenditures(8,400) (8,400) (8,700) (9,000) (9,300) (9,600)Capital Improvements(505,800) (500,000) (811,800) (700,000) (950,000) (500,000)Total Resources Available for Future Projects 3,338,400 3,362,300 3,081,700 2,922,500 2,524,800 2,590,100# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-301 Annual Acquisition and Restoration Riparian Area Right of Way (ROW): Work with developers to purchase Right-of-Way along waterways as part of development to preserve and restore native riparian vegetation. Nick Mascia CP0427 - -N/A500,000 500,000 500,000 500,000 500,000 500,000 2 East Side Regional Park (ESRP) Basin F (Design): Design groundwater recharge Basin F at ESRP using local funds to prepare a "shovel ready" Plans, Specifications, Estimate (PS&E) package. Staff to pursue additional funding for construction of this project. Multi funded project total of $1.3m from $8k current and $9k prior year Gas Tax (111), $17k current and $100k prior year Measure R Trails (132), $135K current and $404k prior year Parks and Rec (211), $108k current and $481k prior year Ground Water Recharge (224), and $6k current and $10k prior year Waterways (261). Rebecca Keenan CP0371 - -B85,800 3 Northside Open Space and Basin - West of Shirk: Northside Highway 198 Open Space Setback Area (west of Shirk) - Acquire approximately 30.1 acres of land from three parcels for the northwest scenic setback area and riparian setback from Mill Creek to develop as passive recreational open space and drainage basin to serve existing and planned development north of Highway 198 between Clancy and Shirk. Acquisition of land for the northwest portion (between Clancy and Shirk) planned in 26/27, starting at Clancy and heading east, acquiring one parcel per year. Multi-funded project total of $3m from $868k Parks & Rec (211), $1.3m Storm Sewer (221), and $900k Waterways (261). Katherine Woodhull - Fuget EB0037 $$A2250,000 200,000 450,000 Waterways Capital - 261 (2540)2024/25 - 2029/30 Capital Improvement ProgramFund Description: This fund is derived from developer impact fees. Funds are restricted for acquisition of development setbacks along waterways designated in the Visalia General Plan and restoration of riparian vegetation.Cash Balance Summary 67

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-304 East Side Regional Park (ESRP) Basin F (Construction): Complete construct a 33 acre groundwater recharge basin at the ESRP including water structures, piping and dry wells. Also includes a pedestrian trail around the top of the new basin, a riparian habitat, two pedestrian bridges, and a small temporary parking lot. Design in separate project. Construction is contingent upon receiving a state/federal grant with 20% local match. Multi funded project total of $9.2m from $83k from Gas Tax (111), $180k Measure R Trails (132), $1.43m Parks and Rec (211), $1.15m Ground Water Recharge (224), 62k Waterways (261), and a $6.3m grant (001). Maintenance cost estimated to be $44k per year. Project Contingent upon grant.Rebecca Keenan EB0046 $$$B861,800 505,800 500,000 811,800 700,000 950,000 500,000 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased.- - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description.$ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description$$ Annual Maintenance costs is $5,000 to $25,000 2024/25 - 2029/30 Capital Improvement ProgramWaterways Capital - 261 (2540) - Continued 68

AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Beginning Cash Balance693,700 157,200(22,700) (1,343,700) (3,291,500) (3,965,200)Storm Sewer User Fees1,424,000 1,451,000 1,494,500 1,539,300 1,585,500 1,633,100Kaweah Lake Enlargements and Local Storm Water Maintenance Fee (Transfer In)300,000 300,000 300,000 300,000 300,000 300,000Operating Set Aside for Capital (Depreciation)847,200 864,100 881,400 899,000 917,000 935,300Operating Expenditures(2,560,200) (2,610,000) (2,662,200) (2,715,400) (2,769,700) (2,825,100)Capital Improvements(547,500) (185,000) (1,334,700) (1,970,700) (706,500) (1,000,200)Total Resources Available for Future Projects 157,200(22,700) (1,343,700) (3,291,500) (3,965,200) (4,922,100)# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Projects for Storm Sewer Maintenance:1 Annual Storm Drainage Replacement: City wide ongoing annual program to evaluate, repair, and/or replace storm drainage system components including drain inlets, manholes, pipes, and culverts. This would include an annual video inspection program as part of the evaluation process. Storm drainage infastructure deteriotes over time and should be regularly inspected and repaired to maintain proper function. The replacement of storm sewer mains will eliminate flooding caused by nuisance water and address storm mains found to be undersized. Rick Paredez CP0589 - -N/A280,000 80,000 80,000 80,000 80,000 80,000 2 Storm Sewer Master Plan and Service Charge Update: Update the City’s 1994 Storm Master Plan, storm development impact fee, and storm service charges. Complete CEQA review of the updated master plan as part of the master plan adoption process. Following master plan nexus study, perform Prop 218 service charge adoption process to update the storm sewer service charges. Multi funded project total of $??K from $289k prior year Storm Sewer Construction (221), $226k Storm Sewer Deficiency (222) including $166k prior year funds, and $63k Storm Sewer Deficiency (481) including $3k prior year funds.Katherine Woodhull-Fuget CP9067 - -N/A60,000 3 Annual Storm Lift Station Rehabilitation: This project will refurbish one or two lift stations per year with standardized pumps, bases and rails, repair concrete structures, and apply protective coatings. The majority of the City's 36 storm sewer lift stations are in need of rehabilitation. After these lift stations are rehabilitated, the life expectancy is approx. 20 years. Repairs may be necessary on an emergency basis. Rick Paredez CP0337 - -N/A50,000 50,000 150,000 150,000 150,000 150,000 Storm Sewer Maintenance - 481 (4880)2024/25 - 2029/30 Capital Improvement ProgramFund Description: This fund includes monies generated from storm sewer user fees. The fees for this fund are collected with the monthly utility bill and each parcel is charged $.24 per 1,000 square foot. Also, in April of 2013, Visalia rate payers voted to support the use of the Kaweah Lake Enlargement fee to improve storm water channel maintenance and reduce the chance of flooding, changing it to the Kaweah lake Enlargement and Local Storm Water Maintenance Fee. A portion of this fee is transferred to this fund annually for this use. Funds are to be used only for operation, maintenance, and improvements, including equipment and vehicle acquisitions related to collection and disposal of storm runoff.Cash Balance Summary 69

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Projects for Storm Sewer Maintenance: (Continued)4 Annual Storm Sewer Maintenance Access Point Repairs: Repair and raise access points throughout the city's storm sewer system. Funding will allow replacement of one brick and mortar storm access point per year, as well as the purchase of frames, risers, and lids to repair damaged storm sewer access points. Rick Paredez CP0588 - -N/A25,000 25,000 25,000 25,000 25,000 25,000 5 Annual Culvert Grate Installations: Purchase and install culvert grates under various bridge crossings throughout the city. Staff plans to install approx. 1 - 3 grates per year based on size. Installing these grates will deter vagrants from inhabiting the areas under the various bridge crossings throughout the city. The grates will prevent larger items from being abandoned under the crossings that could cause flooding during major storms or flood releases. Rick Paredez CP0340 $N/A20,000 20,000 40,000 40,000 40,000 40,000 6 Annual Storm Catch Basin Repairs: Repair catch basins that are found to be deficient throughout the cities storm system up to current City standards. Repair or upgrades can help alleviate flooding in deficient areas of the storm sewer system. Rick Paredez CP8245 - -N/A10,000 10,000 10,000 10,000 10,000 10,000 7 Corporation Yard Facility Assessment & Master Plan: Assess needs and conditions of various City Departments whose operations and administrative staff utilize the Corp Yard. Includes review of space needs for offices, operations, vehicle, equipment, and future infrastructure for charging/fueling zero emission vehicles. The City has identified various projects to accomodate growth and improved efficiency. The Master Plan will establish the future configuration for the Corp Yard property and the best path for implementation of interrelated projects. Multi-funded project total of $150k from $48k General Fund (001), $3k WRF (431), $76k Solid Waste (441), $16k Fleet Main (501), $3k Bldg Safety (401) and $3k Storm Sewer (481).Nick Bartsch PW0058 - -N/A3,000 8 Retrofit Detention Basins: Design and construct retrofits to existing City detention basins to improve water quality. Includes identifying ideal basins to retrofit to maximize cost effectiveness, design of basin retrofits, and retrofitting the basins. Potential candidates include Combs Park Pond and Stonebrook Park Pond. The City's system of detention pond/parks currently provides only flood control and no water quality control. Retrofitting existing detention basins to improve water quality will help the City comply with its MS4 (stormwater) permit and maintain receiving water quality. Katherine Woodhull-Fuget EB0038 - -N/A286,100 759,600 286,100 2024/25 - 2029/30 Capital Improvement ProgramStorm Sewer Maintenance - 481 (4880) -Continued 70

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Projects for Storm Sewer Maintenance: (Continued)9 Mill Creek Embankment Reconstruction: Rebuild the Mill Creek embankments and stabilize with erosion control in Mill Creek between Willis Street and West Street. The embankment along Mill Creek between Willis Street and West Street has been eroding due to the flow of water as the creek bends between Willis Street and West Street. The creek embankment needs to be rebuilt and stabilized with erosion control measures to prevent increasing embankment deterioration and impact to the nearby existing facilities. The Mill Creek is a designated waterway. Project total of $1.74m from $871k Waterways Maintenance (251) and $871k Storm Sewer Maintenance (481). Cody McLaughlin CP0570 - -B495,000 776,100 Projects for Vehicle and Equipment replacements or additions:10 Replace and upgrade 1-ton 4x4 Pickup with a 1-3/4 ton Utility Bed: Equip new truck with a crane, welder, compressor and tools to enable more cost efficient field maintenance of storm & sanitary lift station pumps which are currently pulled and reset by an outside contractor at a cost up to $5,000/each. Each of the fifty (50) lift station pumps should be pulled annually for inspection, but due to the cost, are currently only being pulled on an as needed basis. Multi-funded in the amount of $251k funded from $188k WRF (431) and $63k Storm Sewer (481)Budget Year / Unit / Year / Age / Miles2024-25 / 318218 / 2013 / 11 / 105,078 Rick Paredez PW0046 $$N/A62,700 11 Replace (3) Portable Pump Trailers: These pump trailers are utilized citywide during severe storm events to prevent sewer overflows and localized flooding. The current pumps no longer meet CA Air Resources Board (CARB) compliance standards and need to be replaced. Multi-funded total of $147k funded from $111k WRF (431) and $36k Storm Sewer (481).Budget Year / Unit / Age2024-25 / TP-61 / 172024-25 / TP-62 / 172024-25 / TP-64 / 17Rick Paredez PW0045 - -N/A36,800 12 Replace Vac-Con combination vacuum and sewer jetter used to clean sanitary sewer and storm mains with similar. Replacement 1 year early is requested due to non-compliance with CA Air Resources Board (CARB) regulations. Multi-funded in the amount of $872k funded from $654k WRF (431) and $218k Storm Sewer (481).Budget Year / Unit / Year2026-27 / 318921 / 2013 Rick Paredez PW0047 - -N/A231,100 Storm Sewer Maintenance - 481 (4880) -Continued2024/25 - 2029/30 Capital Improvement Program 71

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Projects for Vehicle and Equipment replacements or additions: (Continued)13 Annual Storm Pump Replacement: Replacement of older storm lift station pumps that exceeded their 10-12 year life expectancy with more efficient pumps. The City has 36 Storm Lift Stations across the City. The number that can be completed each year will depend on the size of each pump, which can vary between lift stations, and also in cost per each. The cost per pump ranges from $30k to $70k depending on the size. Rick Paredez CP0339 - -N/A130,000 130,000 130,000 130,000 14 Replace 1-ton 4x4 Dump Flatbed: Vehicle is used to pull equiment to job sites and haul away large debris retrieved from ditches and ponding basins that requires dumping at the landfill. The California Air Resources Control Board (CARB)’s Advanced Clean Fleet regulation requires the transition of heavy-duty fleets state-wide to zero-emission vehicles (ZEVs) by 2045. The regulation requires specified incremental progress toward this transition to maintain compliance. Budget Year / Unit / Year / Age2025-26 / 318920 / 2012 / 13 Rick Paredez PW0041 - -N/A103,600 15 New 12-Yard Dump Truck: Current vehicle is a 2000 Sterling 10 yard dump truck "ghost vheicle" which is used to pull a large equipment transport trailer, as well as haul large debris from the sanitary lift stations, ponding basins & creeks to the landfill. This vehicle is no longer CARB compliant, and as a ghost vehicle, cannot be replaced. The CA Air Resource Board (CARB)regulations require progress toward compliant equipment with a deadline of 2045. Multi-funded in the amount of $305k funded from $229k WRF (431) and $76k Storm Sewer (481). Rick Paredez PW0055 $$N/A83,900 16 Replace John Deere Gator: Utility Vehicle is used to spray pesticide inside creeks & ditches that are not accessible by vehicle.Budget Year / Unit / Year / Age2024-25 / 318709 / 2009 / 15 Rick Paredez PW0040 - -N/A25,000 17 Replace 1-ton 4x4 Pickup with similar. Proposed for early replacement due to non-compliance with CA Air Resources Board CARB). Vehicle will reach miles for replacement, but will be 2 years short on life. Multi-funded in the amount of $91k funded from $46k WRF (431) and $45k Storm Sewer (481).Budget Year / Unit / Year / Age / Miles2025-26 / 318223 / 2016 / 10 / 123,404 Rick Paredez PW0051 - -N/A25,000 Storm Sewer Maintenance - 481 (4880) -Continued2024/25 - 2029/30 Capital Improvement Program 72

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Projects for Vehicle and Equipment replacements or additions: (Continued)18 Replace 1-ton 4x4 Pickup with similar Multi-funded in the amount of $91k funded from $46k WRF (431) and $45k Storm Sewer (481).Budget Year / Unit / Year / Age 2026-27 / 318219 / 2013 / 13 Rick Paredez PW0048 - -N/A25,000 19 Replace 1-ton 4x4 Pickup with similar. Multi-funded in the amount of $91k funded from $46k WRF (431) and $45k Storm Sewer (481).Budget Year / Unit / Year / Age2026-27 / 318221 / 2015 / 11Rick Paredez PW0049 - -N/A25,000 20 Replace Vac-Con combination vacuum and sewer jetter used to clean sanitary sewer and storm mains with similar. Replacement 1 year early is requested due to non-compliance with CA Air Resources Board (CARB) regulations. Multi-funded in the amount of $872k funded from $654k WRF (431) and $218k Storm Sewer (481).Budget Year / Unit / Year2028-29 / 318922 / 2014 Rick Paredez PW0052 - -N/A244,200 21 Replace 1-ton 4x4 Pickup with similar. Multi-funded in the amount of $91k funded from $46k WRF (431) and $45k Storm Sewer (481).Budget Year / Unit / Year / Age2028-29 / 318224 / 2017 / 12Rick Paredez PW0054 - -N/A27,300 22 Replace Vac-Con combination vacuum and sewer jetter used to clean sanitary sewer and storm mains with similar. Replacement 1 year early is requested due to non-compliance with CA Air Resources Board (CARB) regulations. Multi-funded in the amount of $872k funded from $654k WRF (431) and $218k Storm Sewer (481).Budget Year / Unit / Year2029-30 / 318924 / 2016 Rick Paredez PW0053 - -N/A250,700 2024/25 - 2029/30 Capital Improvement ProgramStorm Sewer Maintenance - 481 (4880) -Continued 73

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)Project ManagerProject #(or "new")Budget ImpactMap Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30Projects for Vehicle and Equipment replacements or additions: (Continued)23 Replace 1-ton 4x4 Pickup with similar. Multi-funded in the amount of $91k funded from $46k WRF (431) and $45k Storm Sewer (481).Budget Year / Unit / Year / Age2029-30 / 318220 / 2015 / 14 Rick Paredez PW0050 - -N/A28,400 547,500 185,000 1,334,700 1,970,700 706,500 1,000,200 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased.- - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description.$ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description$$ Annual Maintenance costs is $5,000 to $25,000 Storm Sewer Maintenance - 481 (4880) -Continued2024/25 - 2029/30 Capital Improvement Program 74

AƩachment B: Directory of Map Points and Maps 2/20/24
AƩachment B: Directory of Map Points and Maps 3/4/24

Map Point Project/Description Fund Fund DescriptionA1 Auto Plaza Basin Expansion 221 Storm Sewer Construction211 Recreation Facilities221 Storm Sewer Construction261 Waterways CapitalA3 Shirk Street Widening Over Mill Creek 221 Storm Sewer ConstructionA4 North Shirk Storm Drain Line Extension 221 Storm Sewer ConstructionModoc Basin Trail 132 Measure R Trailways221 Storm Sewer Construction224 Ground Water Recharge221 Storm Sewer Construction222 Storm Sewer Deficiency251 Waterways Maintenance481 Storm Sewer MaintenanceB5 Virmargo Right of Way & Utility Installation 221 Storm Sewer Construction211 Recreation Facilities221 Storm Sewer ConstructionGreenway Trail - Mill Creek to St John's 132 Measure R TrailwaysRoad 148 (Tower Street)-Mineral King to St John's Parkway 211 Recreation Facilities132 Measure R Trailways211 Recreation Facilities224 Ground Water Recharge132 Measure R Trailways211 Recreation Facilities224 Ground Water Recharge261 Waterways CapitalEast Side Regional Park On-Site Streets & Update Site Layout 211 Recreation Facilities211 Recreation Facilities221 Storm Sewer ConstructionC2 SW Shirk Regional Basin 221 Storm Sewer Construction132 Measure R Trailways221 Storm Sewer ConstructionC5 County Center/Evans Storm Drain lift Station Overhaul 222 Storm Sewer DeficiencyD1 Greenway Trail - Cameron Creek to Packwood Creek Trail (Construction) 132 Measure R TrailwaysD2 Greenway Trail - Cameron Creek to Caldwell Ave (Construction) 132 Measure R TrailwaysC3 Shirk Street Widening - Walnut to NobleB6C1 Southside Open Space and BasinHighland Street Storm DrainA5Modoc Basin ImprovementsEast Side Regional Park Basin E (Design & Construction)East Side Regional Park Basin F (Design & Construction)B4 Mill Creek Embankment ReconstructionDirectory of Map PointsB2B7B8Goshen-Virmargo Park/PondA2 Northside Open Space and Basin 75

AƩachment B: Directory of Map Points and Maps 2/20/24

76

AƩachment B: Directory of Map Points and Maps 2/20/24

77

AƩachment B: Directory of Map Points and Maps 2/20/24

78

AƩachment B: Directory of Map Points and Maps 2/20/24

79 City of Visalia
Capital Budget 2024-2030
80 Proposed CIP Adoption Process
•No Action required tonight
•Review at (5) February-April meetings
•Staff Available for questions
•Bring back if necessary
•Final Adoption of All Funds in June
81 Budget Structure
•Cash Balance Summary
•Project Descriptions
•Map References
•6 Year Plan
•2-year Proposed Budget
•4-year Planning Purposes
2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 430,500 327,000 191,900 286,700 323,900 368,600 Operating Revenues 2,650,900 2,703,800 2,757,900 2,813,100 2,869,400 2,926,800 Grant Revenues
Federal Aviation Administration (FAA)-Airport Improvement Program (AIP) 409,500 3,706,200 112,000 916,000 Caltrans Department of Aeronautics (DOA) 20,400 185,300 5,000 45,000 Operating Expenditures (2,479,300) (2,537,400) (2,588,100) (2,639,900) (2,692,700) (2,746,600) Capital Improvements (705,000) (4,193,000) (75,000) (253,000) (1,093,000) (75,000) Total Resources Available for Future Projects 327,000 191,900 286,700 323,900 368,600 473,800 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Taxilane/way A & B and Hangar H3 Row 10 (Design):

Design phase of reconstruction project. These movement
areas have minimal remaining expected lifespan (exact
functional lifespan to be verified at the conclusion of ongoing CIP0572 PMMP project) Pavement condition is a
critical measure of airport performance and reconstruction before failure occurs from both a cost effectiveness and safety standpoint is essential. Project design funding total of $455k expected breakdown: $410k FAA Grant, $20,400
State Grant , $25k Airport Fund (411). J.Miller CP0573 - - C1 455,000 2 Walnut Ave Communications Connectivity: Installation of conduit and fiber optic cable as an extension of the
Intelligent Transportation System (ITS) to provide a City owned fiber optic connection to the Water Reclamation
Faciltiy (WRF). Provides connection between existing fiber optic communication infrastructure at the intersection of Akers St and Walnut Ave and the intersection of Walnut Ave and Plaza Dr; and bridges the communication gap in Walnut Avenue from Akers Street to Plaza Drive. Multi-funded
project total of $1.4m from $530k WWTP (431) including
$180K prior year funding, $175k Animal Services (406),
$175k Airport (411), and $500k Measure R Local (131). Eric Bons CP0527 $ C5 175,000 Airport - 411 (4040)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund receives money from the Federal Aviation Administration Airport Improvement Program (FAA-AIP) and various grants. This money can only be used for capital projects approved by the granting agency. This fund also receives revenues from airport user fees, such as hangar rentals and fuel sales. They are to be used for operations, improvements, and vehicle and equipment acquisitions. These revenues are also used for the Airport’s 5% match on FAA and grant funded projects.

Cash Balance Summary
Additional Information: All proposed Airport capital projects over $25k in this 6-year plan are 90% funded with grants from the Federal Aviation Administration Airport Improvement Program (FAA-AIP). The 10% match required by FAA grant funding is to be paid with a combination of Caltrans Airport Improvement Program Matching Grant (AIP) revenues and airport user fees, such as hangar rentals and fuel sales. The projects proposed are based upon estimates of FAA grant funding for planning purposes and will only proceed if FAA funding is approved for each specific project. 82 Funds for review tonight
Fund Name Fund #
Proposed
2024-25
Proposed
2025-26
Measure R Bike/Trail 132 428,000 100,000$ Recreation Facilites 211 1,270,400 8,389,800 Storm Sewer 221 1,216,100 3,376,600
Storm Sewer Deficiency 222 487,500 340,000 Ground Water Recharge 224 213,900 442,000 Waterway Maintenance 251 - -
Waterway Construction 261 505,800 500,000 Storm Sewer Maintenance 481 547,500 185,000 $ 4,669,200 $ 13,333,400 Total Projects 83 # Project Description
Proposed
2024-25
Proposed
2025-26
1 Greenway Trail - Mill Creek to St. John's 311,000$
2 Annual Reclamite Various City Trails 100,000 100,000$ 3 East Side Regional Park (ESRP) Basin F
(Design) 17,000
Total Expenditures $ 428,000 $ 100,000 Measure R Trailway Fund - 132 (2420)
84 # Project Description
Proposed
2024-25
Proposed
2025-26
1 Road 148-Mineral King to St. John's Parkway 1,060,500$ 2,245,300$ 2 East Side Regional Park (ESRP) Basin F
(Design) 134,900
3 Master Plan Update 50,000
4 Goshen-Virmargo Park/Pond 25,000
5 4-A cre Neighborhood Park
Tulare/Roeben Area 2,725,000
6 East Side Regional Park (ESRP) 1,863,500
7 Cameron Creek Regional Park/Basin 1,306,000
8 2-A cre Neighborhood Park
Ferguson/Demaree Area 250,000
Total Expenditures $ 1,270,400 $ 8,389,800 Park & Recreational Facilities Fund - 211 (2440)
85 # Project Description
Proposed
2024-25
Proposed
2025-26
1 Goshen-Virmargo Park/Pond 265,000$
2 Shirk Street Widening - Walnut to Noble 249,000
3 Annual Storm Sewer Oversizing 200,000 200,000 4 Shirk Street Widening Over Mill Creek 122,000
5 Sierra Village Basin Study 112,500
6 Virmargo Right of Way & Utility Installation 106,600 684,600 7 Modoc Basin Improvements 105,500
8 Auto Plaza Basin Expansion 45,500
9 Annual Storm Sewer Construction Administration 10,000 10,000 10 SW Shirk Regional Basin 1,650,000
11 Cameron Creek Regional Park/Basin 432,000
12 North Shirk Storm Drain Line Extension 400,000
Total Expenditures $ 1,216,100 $ 3,376,600 Storm Sewer Construction Fund - 221 (2450)
86 # Project Description
Proposed
2024-25
Proposed
2025-26
1 County Center/Evans SD Lift Station Overhaul 370,000
2 Storm Sewer Master Plan
and Service Charge Update 60,000
3 Sierra Village Basin Study 37,500
4 Annual Developer Reimbursement
Storm Sewer Deficiency 20,000 20,000$
5 Flood Layoff Feasibility Study 320,000
Total Expenses $ 487,500 $ 340,000 Storm Sewer Deficiency - 222 (2460)
87 # Project Description
Proposed
2024-25
Proposed
2025-26
1 East Side Regional Park (ESRP) Basin F (Design) 108,400 2 Modoc Basin Improvements 105,500
3 Cameron Creek Regional Park/Basin 442,000$
Total Expenditures $ 213,900 $ 442,000 Ground Water Recharge - 224 (2480)
88 # Project Description
Proposed
2024-25
Proposed
2025-26
1 Annual A cquisition and Restoration Riparian A rea
Right of Way (ROW) 500,000$ 500,000$
2 East Side Regional Park (ESRP) Basin F (Design) 5,800 Total Expenditures $ 505,800 $ 500,000 Waterways Fund - 261 (2540)
89 # Project Description
Proposed
2024-25
Proposed
2025-26
Projects for Storm Sewer Maintenance:
1 Annual Storm Drainage Replacement 280,000$ 80,000.00$ 2 Storm Sewer Master Plan and Service Charge Update 60,000 3 Annual Storm Lift Station Rehabilitation 50,000 50,000 4 Annual Storm Sewer Maintenance A ccess Point Repairs 25,000 25,000 5 Annual Culvert Grate Installations 20,000 20,000 6 Annual Storm Catch Basin Repairs 10,000 10,000 7 Corporation Yard Facility A ssessment & Master Plan 3,000 Projects for Vehicle and Equipment replacements or additions:
10 Replace and upgrade 1-ton with 1-3/4 ton Utility Bed pickup equipped with crane & tools (Multi-funded total $251k)
Unit #318218, 11 years old, 105,078 miles 62,700
11 Replace (3) Portable Pump Trailers
All 17 years old 36,800
Total Expenses $ 547,500 $ 185,000 Storm Sewer Operations & Maintenance - 481 (4880)
90 Next meeting
Staff will return
with the next
portion of Capital
for review on
March 18th
91 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0057 Agenda Date: 3/4/2024 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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92 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0041 Agenda Date: 3/4/2024 Agenda #: 2.

Agenda Item Wording:

Notice of Completion for Wood Ranch Unit 3 - Request authorization to file a notice of completion for Wood Ranch Unit 3 located along E Noble Ave, east of McAuliff St and north of Kaweah Ave, containing 11 private residential lots.

Deadline for Action: 3/4/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Luqman Ragabi, Assistant Engineer, [email protected] <mailto:[email protected]> , (599) 713-4362
Jason Huckleberry, Director of Engineering and Building Department, [email protected] <mailto:[email protected]>, (559) 713-4495 Department Recommendation:

Staff recommends that City Council authorize the filing of a Notice of Completion for Wood Ranch Unit 3.

Background Discussion:

All of the required improvements for this development have been completed and are ready for acceptance by the City Engineer. Wood Ranch Unit 3 was developed by Bill Morgan and contains 11 private residential lots.

The developer has submitted a maintenance bond in the amount of $35,313.92 as required by the Subdivision Map Act, to guarantee the improvements against defects for one year. Staff recommends that authorization be given to file the Notice of Completion.

City Council authorized the recording of the final map for Wood Ranch Unit 3 on November 18, 2019.

All bonds and cash payments, as identified in the subdivision agreement, were received by the City at that time. As required by the subdivision ordinance, a maintenance bond valued at 10% of the cost of the public improvements has been submitted prior to recording of the Notice of Completion.

The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement
Fiscal Impact:

By authorizing this Notice of Completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance.

Visalia City Council Printed on 4/26/2024Page 1 of 2
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93 File #: 24-0041 Agenda Date: 3/4/2024 Agenda #: 2.

Prior Council Action: On November 11, 2019, the City Council authorized the recordation of the final map for Wood Ranch Unit 3.

Other: Committee/Commission Review and Action:

On August 9, 2004 the Planning Commission approved tentative subdivision map No. 5449 for Wood Ranch.

The annexation to L&LD 14-04 was reviewed and approved as to form by the Landscape and Lighting District Committee in November 2019.

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

I move to authorize the filing of the Notice of Completion for Wood Ranch Unit 3.

Environmental Assessment Status: N/A
CEQA Review: Negative Declaration adopted August 9, 2004 - Environmental Document No. 2004-

63. Attachments:

Aerial Map
Final Map
Development Disclosure
Visalia City Council Printed on 4/26/2024Page 2 of 2
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94 !
!
!
HWY 198
TULARE AVE.

GOSHEN AVE.

PACKW
OOD

MILL CREEK
EVANS
DITCH

AERIAL MAP

TULARE AVE

MCAULIFF ST

VISTA ST
O
950 0 950475 Feet
HWY 198
Wood Ranch 3
Multi-Family Development (MFD)
MFD
Development 95
96 97
98 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0045 Agenda Date: 3/4/2024 Agenda #: 3.

Agenda Item Wording:

Partial Notice of Completion for East Side Regional Park Basin G - Request authorization to file a Partial Notice of Completion for RFB 20-21-38, Groundwater Recharge Basin G at the East Side Regional Park (ESRP) site.

Deadline for Action: 3/4/2024
Submitting Department : Engineering & Building Department Contact Name and Phone Number:

Rebecca Keenan, Senior Civil Engineer, [email protected], 713-4541 Mike Porter, Civil Engineer, [email protected], 713-4412 Lupe Garcia, Acting City Engineer, [email protected], 713-4197 Jason Huckleberry, Eng. & Bldg. Director, [email protected], 713-4495 Department Recommendation:

Staff recommends City Council authorization to file a Partial Notice of Completion (PNOC) for RFB 20 -21-38, Groundwater Recharge Basin G at the East Side Regional Park (ESRP) site.

Summary:

On December 19, 2023, the City Council awarded a contract to Emmett’sExcavation, Inc. for the construction of Groundwater Recharge Basin G at the East Side Regional Park (ESRP), consisting of the Base Bid + Alternate Bid 2 + Alternate Bid 3 + Alternate Bid 4 in the amount of $5,150,913.50 and approved Change Order No. 1, a reduction amount of $582,069.00. The civil construction contract does not include the grant required Landscape & Irrigation (L&I) of the Basin, which will be issued for bids soon. The basin construction is substantially complete and the City would like to start using it as soon as possible for upcoming groundwater recharge opportunities. For that reason, staff requests authorization to file a Partial Notice of Completion (PNOC) for the basin portion only. Some items will remain to be completed per the contract after this PNOC, including the Well No. 1 & Well No. 2 Improvements, the High Density Polyethylene (HDPE) Trenchless Bore underneath Packwood Creek, and miscellaneous park amenities. Items such as the clearing & grubbing, earthwork, storm pipe, structures, manholes, and rip rap are included in this PNOC, and the total to be released with this PNOC is $2,986,133.64, which includes a 5% retainage of $149,306.68. Staff will return to Council later this year with the final Notice of Completion, which will include total construction cost, a balance of quantities, pending change orders that are currently under negotiation, and the change order summary.

Background Discussion:

The City was awarded a Proposition 1, Urban Rivers Grant (URG) from the State for this project in the amount of $1,568,708, to construct a groundwater recharge basin with habitat improvements.

The scope of work for the URG grant includes a contoured 20-acre recharge basin, swales along Mineral King Avenue and Road 152, approximately 50,732 square feet of decomposed granite trail, Visalia City Council Printed on 4/26/2024Page 1 of 5
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99 File #: 24-0045 Agenda Date: 3/4/2024 Agenda #: 3.

Mineral King Avenue and Road 152, approximately 50,732 square feet of decomposed granite trail, native, low water use trees and shrubs, a point source irrigation system, a thick layer of landscape mulch, and two funding acknowledgement signs.

At this time, staff recommends filing a Partial Notice of Completion (PNOC) for items related to the groundwater recharge basin. This filing will allow the City to take possession of the basin and to divert water into it from the adjacent Packwood Creek. This will be the first step in the City’slong-term goal to recharge the groundwater.

The substantially complete work covered by the Partial Notice of Completion includes the Base Bid Items and Extra Work Items shown in Table 1. There will be a balance of Contract Items and Extra Work Items after the filing of the PNOC.

TABLE 1
No. Items (Base Bid) Qty Unit Unit Cost Total
8 Clearing and Grubbing 34 AC $4,200.00 $142,800
9 Earthwork (F) 103,000 CY $11.75 $1,210,250
10 Finish Grading (F) 1 LS $70,000.00 $70,000
11 Drywell and Sediment
Chamber
5 EA $80,000.00 $400,000
12 24” Storm Drain Pipe 40 LF $123.00 $4,920
13 36” Storm Drain Pipe 261 LF $203.00 $52,983
14 42” Storm Drain Pipe 1,504 LF $264.00 $397,056
15 Diversion Structure (JS
#1)
1 EA $110,000.00 $110,000
16 42” Hydro Slide Gate 5 EA $35,600.00 $178,000
17 60” Storm Drain
Manhole (MH #9)
1 EA $14,000.00 $14,000
18 72” Storm Drain
Manhole (MH’s # 1-8)
8 EA $16,000.00 $128,000
19 Outfall Structure Type A
& Fence Cage
2 EA $16,000.00 $32,000
20 Jack & Bore 60” Steel
Casing
172 LF $2,150.00 $369,800
21 36” Cast Iron Canal
Gate
1 EA $40,000.00 $40,000
22 36” Slide Gate w/
Structure (JS#2)
1 EA $85,000.00 $85,000
23 Storm Drain Pipe Plug 5 EA $500.00 $2,500
24 Rip Rap (Light Class) 110 CY $180.00 $19,800
Subtotal Contract Work to be Released $3,257,10
9 No. Extra Work Items to be Released
CCO1.4 REDUCE DEBRIS AREA BY 18,700 CY, (CREDIT $46,750) Clearing & Grubbing($46,750) CCO1.5 IMPORT BORROW ON SITE (CREDIT $280,000) Earthwork ($280,000 )
CCO1.6 INCREASE STEEL CASING 60" TO 72" DIA. (INCREASE $65,868) Jack & Bore 60” Steel Casing
$65,868
CCO2.1 Increase Pipe Line D to 30" DI (INCREASE $3,534.64) $3,534.64 CCO3.1 Add 42" ADS 22.5 degree bend for future Basin F (INCREASE $5,512.00)$5,512.00 CCO3.2 Add 20 feet of 42" Pipe stub for Basin F (INCREASE $6,860.00)$6,860.00 CCO4.2 Credit for Bid Item 21, Waterman Canal Gate not used (DECREASE $40,000)($40,000) CCO4.3 Add four (4) Sanitite End Caps at $4,000 per each (INCREASE $16,000)$16,000 CCO4.4 Credit for Bid Item 23, 4 SD Pipe Plugs at $500 each (DECREASE $2,000)($2,000) Subtotal Extra Work Performed to date to be Released ($270,975 .36)
Releases & Balances
Total PNOC Work to date to be Released (this has been invoiced 100% and paid, minus the 5% retention)
$2,986,13

3.64 5% Retainage to be Released w PNOC $149,306.
68 Balance Contract Work Not Released $1,893,80

4.50 Balance Extra Work to date Not Released $211,623.
11 Contract Balance $2,105,42

7.61 Retainage Balance $105,271.
38 Total Emmett's Retention to Date $254,578.
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No. Items (Base Bid) Qty Unit Unit Cost Total
8 Clearing and Grubbing 34 AC $4,200.00 $142,800
9 Earthwork (F) 103,000 CY $11.75 $1,210,250
10 Finish Grading (F) 1 LS $70,000.00 $70,000
11 Drywell and Sediment
Chamber
5 EA $80,000.00 $400,000
12 24” Storm Drain Pipe 40 LF $123.00 $4,920
13 36” Storm Drain Pipe 261 LF $203.00 $52,983
14 42” Storm Drain Pipe 1,504 LF $264.00 $397,056
15 Diversion Structure (JS
#1)
1 EA $110,000.00 $110,000
16 42” Hydro Slide Gate 5 EA $35,600.00 $178,000
17 60” Storm Drain
Manhole (MH #9)
1 EA $14,000.00 $14,000
18 72” Storm Drain
Manhole (MH’s # 1-8)
8 EA $16,000.00 $128,000
19 Outfall Structure Type A
& Fence Cage
2 EA $16,000.00 $32,000
20 Jack & Bore 60” Steel
Casing
172 LF $2,150.00 $369,800
21 36” Cast Iron Canal
Gate
1 EA $40,000.00 $40,000
22 36” Slide Gate w/
Structure (JS#2)
1 EA $85,000.00 $85,000
23 Storm Drain Pipe Plug 5 EA $500.00 $2,500
24 Rip Rap (Light Class) 110 CY $180.00 $19,800
Subtotal Contract Work to be Released $3,257,10
9 No. Extra Work Items to be Released
CCO1.4 REDUCE DEBRIS AREA BY 18,700 CY, (CREDIT $46,750) Clearing & Grubbing($46,750) CCO1.5 IMPORT BORROW ON SITE (CREDIT $280,000) Earthwork ($280,000 )
CCO1.6 INCREASE STEEL CASING 60" TO 72" DIA. (INCREASE $65,868) Jack & Bore 60” Steel Casing
$65,868
CCO2.1 Increase Pipe Line D to 30" DI (INCREASE $3,534.64) $3,534.64 CCO3.1 Add 42" ADS 22.5 degree bend for future Basin F (INCREASE $5,512.00)$5,512.00 CCO3.2 Add 20 feet of 42" Pipe stub for Basin F (INCREASE $6,860.00)$6,860.00 CCO4.2 Credit for Bid Item 21, Waterman Canal Gate not used (DECREASE $40,000)($40,000) CCO4.3 Add four (4) Sanitite End Caps at $4,000 per each (INCREASE $16,000)$16,000 CCO4.4 Credit for Bid Item 23, 4 SD Pipe Plugs at $500 each (DECREASE $2,000)($2,000) Subtotal Extra Work Performed to date to be Released ($270,975 .36)
Releases & Balances
Total PNOC Work to date to be Released (this has been invoiced 100% and paid, minus the 5% retention)
$2,986,13

3.64 5% Retainage to be Released w PNOC $149,306.
68 Balance Contract Work Not Released $1,893,80

4.50 Balance Extra Work to date Not Released $211,623.
11 Contract Balance $2,105,42

7.61 Retainage Balance $105,271.
38 Total Emmett's Retention to Date $254,578.
06 Processing of this PNOC will allow the City to release the 5% retainage that is currently being held, related to the listed items. There will still be a balance of work on Emmett’scontract, along with the applicable 5% retention. That retention amount will be released after the final Notice of Completion is filed.

Fiscal Impact:

Filing the Partial Notice of Completion will not have any fiscal impact. The retention amount to be released is included in the current budget, so it will just be drawn from the respective funds.

Following is the current budget to date.

Budget Summary:

This project is multi-funded, with various funds contributing to their proportionate share of project items. Following is the funding source summary for the Basin G project.

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TABLE 2
Funding Source: Total Budget
Prop 1 Grant Funding $ 1,568,708
132 Measure R Trails $ 517,937
211 Rec Facilities Park Impact Fund $ 2,072,158 224 Groundwater Recharge Fund $ 2,913,347
261 Waterways Capital Fund $ 54,383
TOTAL $ 7,126,533
Staff is currently working with the contractor on additional balancing change orders, including quantifying the final earthwork adjustments needed during the construction of the project. Since those items are ongoing, staff may return in the future with a potential change order and request any additional appropriations that are outside the budgeted amount. Staff will also provide an overall budget update when the project is completely closed out, including total construction cost, a balance of quantities, pending change orders that are currently under negotiation, and the change order summary.

Prior Council Action:
· February 20, 2024 - Council voted to approve Change Order No. 8 for and HDPE Bore related to Landscape & Irrigation Improvements, in the amount of $188,228 for the Basin G project at the East Side Regional Park (ESRP) Site.
· February 5, 2024 - Council voted to approve Change Order No. 6 for Well Improvements in the amount of $265,065.00 and appropriate $175,707.00 from Fund 211, for the Basin G at the East Side Regional Park (ESRP) Site Project.
· December 19, 2022 - City Council voted to award the construction contract for RFB 20-21-38 to Emmett’sExcavation, Inc. in the amount of $5,150,913.50; approve Change Order Number One for miscellaneous scope changes in the reduction amount of ($582,069.00); award the construction management services to Vanir Construction Management, Inc. in the amount of $122,190; award the material testing services to Moore Twining Associates, Inc. in the amount of $48,129.50; and appropriate $958,100 from the funds identified within the report, for the Basin G at the East Side Regional Park (ESRP) Site Project. · May 2, 2022 - City Council received an update of Groundwater Recharge Basins G & F at the East Side Regional Park, and voted to appropriate $3,350,00 for groundwater Basin G (CP0185) from the City funds identified in the staff report; decline and release a 2019 grant offer from the National Park Service (NPS) Land & Water Conservation Fund (LWCF) in the amount of approximately $2.4 million for the construction of Basin F (CP0371); and authorize staff to pursue appropriate grant funding for the construction of groundwater recharge Basin F. · December 16, 2019 - City Council voted to award RFB 19-20-24 and authorize the City Manager to execute construction agreements related to RFB 19-20-24 for the removal of various orchards to the lowest responsible bidder, HD Matthews Demolition & Excavation, Inc., in the following amounts: 1. $85,000 for Basin G (CP0185); 2. $240,000 for Basin F (CP0371); located in the area surrounded by the future Tower Street, Mineral King, and Road 152. · September 16, 2019 - City Council voted to appropriate funds for Basin G and F, as identified in that staff report, and to authorize the City Manager to execute an agreement from the Visalia City Council Printed on 4/26/2024Page 4 of 5
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in that staff report, and to authorize the City Manager to execute an agreement from the Federal Land & Water Conservation Fund (LWCF).
· December 18, 2017 - City Council voted to authorize staff to submit a grant application for a Land and Water Conservation Fund Grant and approved Resolution 2017-83 for the East Side Regional Park Project.
· October 17, 2016 - City Council affirmed submission of a Proposition 1 Urban Rivers Grant application for a first phase project at the East Side Regional Park to construct groundwater recharge basin with habitat improvements for $1,743,420 and appropriate $1,568,708 of grant funding, if awarded, and advance appropriation of $174,712 from 2017/18 project CP0185 “East Side Regional Park Basins” if awarded (Resolution 2016-61 required).

Alternatives:

Reject staff recommendation to file the Partial Notice of Completion and direct them to return at the completion of the project with one final Notice of Completion. This alternative is not recommended because it will not allow the City to receive allocated water during this spring window.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to file a Partial Notice of Completion for RFB 20-21-38, Groundwater Recharge Basin G at the East Side Regional Park (ESRP) Site.

CEQA Review:

Initial Study and Notice of Determination (NOD) for a Mitigated Negative Declaration (MND) N. 2018-

05. Attachments:

1. Location Map

2. Photos

3. Emmett’s Ownership Disclosure
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Groundwater Recharge Basin G at ESRP
Attachment 2 - Site Photos

Looking West from Road 152

Junction Structure No. 1 - Looking West from Road 152

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Groundwater Recharge Basin G at ESRP
Attachment 2 - Site Photos

Looking Southeast from near Packwood Creek

Looking North from near E. Mineral King Avenue

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Groundwater Recharge Basin G at ESRP
Attachment 2 - Site Photos

Looking Northeast from near E. Mineral King Ave.

Looking Northwest from Road 152
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0051 Agenda Date: 3/4/2024 Agenda #: 4.

Agenda Item Wording:

Certified Entity Request - A request by Great Valley Land Trust to be certified as an entity for the purposes of holding agricultural conservation easements in accordance with the City of Visalia Agricultural Preservation Ordinance.

Deadline for Action: 3/4/2024
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends the City Council consider the information and material submitted by Great Valley Land Trust (GVLT), and at Council’sdiscretion, determine whether to approve or deny their request as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as set forth in Visalia Municipal Code Section 18.04.100 of the City of Visalia Agricultural Preservation Ordinance (APO).

As provided in the staff report, GVLT has met the requirements set forth in Section 18.04.100(A), and some of the criteria in Section 18.04.100(B). GVLT which was founded in 2023, has obtained status as 501(c)(3) entity, has provided a conservation easement template that is consistent with terms of the APO, and is seeking Council approval. However, staff would note that an established portfolio and track record of securing, managing, and monitoring conservation easements has not been demonstrated in accordance with the criteria in Section 18.04.100(B)(2) and GVLT has not been accredited by the Land Trust Accreditation Commission in accordance with the criteria in Section

18.04.100(B)(3).

The Council determined that the City should seek to have multiple qualified entities approved under the APO provisions, and staff notes that consideration of approving such entities should be done in a manner that protects the City’sinterests in ensuring that farmland encumbered by a conservation easement is being maintained and monitored as required per the APO. Any future similar request by an entity seeking Council approval that demonstrates minimum compliance with the terms as identified in the APO will be subject to the same consideration afford to GVLT’s request.

Background Discussion:

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

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

2. The entity is qualified to hold conservation easements under California Civil Code section Visalia City Council Printed on 4/26/2024Page 1 of 5
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2. The entity is qualified to hold conservation easements under California Civil Code section 815.3, and

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

Great Valley Land Trust is the second organization that has submitted information to seek approval by the City Council to be certified and approved as a qualified entity for the purpose of holding agricultural conservation easements in accordance with the City’s Agricultural Preservation Ordinance (APO). While GVLT has demonstrated that it meets the first and second requirements listed above, in considering whether to approve the trust as a qualified entity for purposes of this chapter, the City Council must exercise its discretion in considering whether GVLT sufficiently meets the criteria in Section 18.04.100(B). To be clear, the criteria in Section 18.04.100(B) are permissive, and not mandatory, which means that the applicant need not meet all of the criteria set forth in that subsection. Instead, the Council may approve the applicant’srequest if it is satisfied that GVLT has met enough of the criteria to convince the Council that it can satisfactorily serve as a qualified entity for holding agricultural easements under the auspices of the APO.

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

Response: Great Valley Land Trust has submitted their “ExecutiveSummary”which is attached to this report. Per their executive summary, Great Valley Land Trust was founded in 2023 “to conserve the farmlands of California’sCentral Valley.” In addition to conservation efforts, they also are seeking ways “topromote environmentally sound farming practices while working closely with the Tulare/Kings County Building Industry Association”. Although as a newly formed trust, Great Valley Land Trust will seek to raise funds for and receive contributions of farmland, financials resources, and other assets to be used to acquire property or partial interests, including conservation easements, which will preserve farmland for agricultural activities.

Great Valley Land Trust is operated by volunteer officers and directors who oversee the activities and coordinate volunteer activities as needed. Great Valley Land Trust is managed by a Board of Directors who have set forth organizational policy and contracts with specialized Land Trust consultants for advice.

No additional information has been provided demonstrating at this time Great Valley Land Trust has secured and/or holds any conservation easements since their inception.

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

Response: Great Valley Land Trust was founded in 2023. As noted above, no additional information has been provided that demonstrates Great Valley Land Trust has secured and/or holds any conservation easements since their inception in 2023.

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

Response: Great Valley Land Trust has received approval to operate as a 501(c)(3) nonprofit. A copy of their nonprofit status is attached to this report. However, GVLT is not an accredited land trust through the Land Trust Alliance (LTA).

4. Whether the entity is a member in good standing of an established and widely recognized Visalia City Council Printed on 4/26/2024Page 2 of 5
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File #: 24-0051 Agenda Date: 3/4/2024 Agenda #: 4.
national or statewide association of land trusts.

Response: Great Vally Land Trust is a newly formed trust that was founded in 2023. There is no additional information that could support the statement that they are a member in good standing of an established and widely recognized national or statewide association of land trusts. However, per their Executive Summary, they are working closely with the Building Industry Association of Tulare/Kings County.

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

Response: The draft easement template which is attached to this report is consistent with the terms identified in the agricultural preservation ordinance including language that enables conversed land to remain in productive agricultural use in perpetuity.

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

Response: Great Valley Land Trust has also provided copies of the Articles of Incorporation and Bylaws which are attached to this report. In addition, Great Vally Land Trust has submitted a summary overview of how they will provide annual monitoring and reporting. A copy of this document is also attached to the report.

Great Valley Land Trust main office is located in Visalia, CA. The trust has identified four of their officers/board members which are noted in the attached Executive Summary and Bylaws. The Board sets organizational policy and supervises the Executive Director and is the governing body that commits to any land or easement acquisition based on the Boards vote of approval.

The City of Visalia invested significant time and recourses to ensure that the City Council adopted an ordinance that satisfied a General Plan policy to mitigate the development of prime farmland and farmland of statewide importance. The adoption of the Agricultural Preservation Ordinance, which has only been enacted for 10 months, is essential in permitting the City to approve entitlements that support development in the Tier II Urban Development Boundary by demonstrating the City’s commitment to mitigate the loss of farmland (i.e., prime and statewide importance) by ensuring conservation easements are obtained and that the encumbered farmland is protected and used for agricultural purposes in perpetuity.

Fiscal Impact:

None.

Prior Council Action:
· On October 16, 2023, the City Council confirmed Sequioa Riverlands Trust as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance. · On May 15, 2023, the City Council held a second reading and adopted Ordinance No. 2023-

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

The City Council voted 4-0, Vice Mayor Taylor recused, to introduce and adopted Ordinance Visalia City Council Printed on 4/26/2024Page 3 of 5
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No. 2023-02.
· On March 6, 2023, the City Council received a presentation and update on the release of the draft APO. During the Work Session presentation, the consultant and staff provided an overview of the ordinance and received input from the City Council and community on the content of the draft ordinance.
· On December 5, 2022, the City Council received a presentation and provided direction regarding a series of options for the City Council’sconsideration ahead of a future adoption of an APO to implement General Plan Land Use Policy LU-P-34. · On August 18, 2022, the City Council adopted Resolution No. 2022-50 which rescinded the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34 by removing the requirement to establish an Agricultural Mitigation Program (AMP) for properties converting prime farmland and farmland of statewide importance within Growth Tiers II and III. The adoption of the resolution to rescind the adoption of Resolution No. 2021- 44 was based on the ruling of the Superior Court of the State of California, County of Tulare, which invalidated the City of Visalia’sapproval to General Plan Amendment (GPA) No. 2021- 01 and the related certification of an addendum to a previously certified environmental impact report (EIR).

Other: None.

Alternatives:

The City Council can elect to deny the Great Valley Land Trust as a qualified entity for the purposes of holding agricultural conservation easements and/or request the organization to solicit someone with experience to work with them for a specified period of time.

Recommended Motion (and Alternative Motions if expected):

I move to approve Great Valley Land Trust as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance.

Environmental Assessment Status:

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

CEQA Review:

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

Attachments:

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1. Qualified Entity Checklist

2. Great Valley Land Trust Executive Summary

3. Articles of Incorporation and Trust Bylaws

4. Great Valley Land Trust 501(c)(3) documentation

5. Draft Copy of Agricultural Conservation Easement

6. Annual Monitoring and Reporting Information
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Qualified Entity Request Submittal Checklist v1_9.2023

Qualified Entity Request Submittal Checklist

Visalia Municipal C ode (VMC) Chapter 18.04 Agricultural Land Preservation Program, also known as the Agricultural Preser vation Ordinance (APO), requires that in order to be considered a qualified entity for the purpose of holding and managing agricultural conservation easements in accordance with the APO, an entity shall meet certain requirements and be approved by the City Council.
1 To initiate a request to become a qualified entity for purposes of the APO, an entity shall submit a formal written request along with the following information to the Community Development Department for review and recommendation to the City Council. A request for qualified entity status must include all items. If any items are missing, the request will not be processed. Additional information may be requested by the Community Development Director.

Item Yes No NA
Applicable entity documents of incorporation confirming that such entity is a nonprofit public benefit corporation, operating within the State of California, that is qualified to hold conservation easements under California Civil Code section 815.3.
☐ ☐

Statement confirming that the entity’s principal purpose includes administering easements for conserving and
maintaining lands in agricultural production.
☐
☐

Agricultural conservation easement template. ☐ ☐
A summary of the extent and duration of the entity’s
involvement in agricultural land conservation within the San Joaquin Valley.
☐ ☐

Accreditation status with the Land Trust Accreditation
Commission, if applicable. ☐ ☐ ☐
Land trust association membership, if applicable. ☐ ☐ ☐

1 See Section 18.040.100, Qualified Entity.

City of Visalia Community Development
315 E. Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4359; Fax: (559) 713-4814 114
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Electronic Signature
By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.

Joshua S. Alipaz
Signature
06/02/2023
Date
B1822-3578 06/02/2023 4:39 PM Received by California Secretary of State

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BA20230898001
Entity Details
Corporation Name GREAT VALLEY LAND TRUST
Entity No. 5742377
Formed In CALIFORNIA
Street Address of California Principal Office of Corporation Street Address of California Office 525 W MAIN STREETSTE # 208VISALIA, CA 93291 Mailing Address of Corporation
Mailing Address 525 W MAIN STREETSTE # 208VISALIA, CA 93291 Attention
Officers
Officer Name Officer Address Position(s)
+ Barry Lindner 525 W MAIN STREETSTE # 208VISALIA, CA 93291 Chief Executive Officer
+ Donald Sharp 525 W MAIN STREETSTE # 208VISALIA, CA 93291 Secretary
+ Paul Daley 525 W MAIN STREETSTE # 208VISALIA, CA 93291 Chief Financial Officer
Additional Officers
Officer Name Officer Address Position Stated Position
+ Bill Walls 525 W MAIN STREETSTE # 208VISALIA, CA 93291 Vice President
Agent for Service of Process
Agent Name BARRY LINDNER
Agent Address 525 W MAIN STREETSTE # 208VISALIA, CA 93291 Email Notifications
Opt-in Email Notifications No, I do NOT want to receive entity notifications via email. I prefer notifications by USPS mail.

STATE OF CALIFORNIAOffice of the Secretary of StateSTATEMENT OF INFORMATION CA NONPROFIT CORPORATION California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 653-3516
B1822-3577 06/02/2023 4:39 PM Received by California Secretary of State

For Office Use Only
-FILED-
File No.: BA20230898001
Date Filed: 6/2/2023
144
Recording requested by and when
recorded please return to:

Great Valley Land Trust
525 W. Main St. Ste. 8
Visalia, CA 93291

(Space above this line reserved for Recorder’s use)

DEED OF AGRICULTURAL CONSERVATION EASEMENT

This Deed of Agricultural Conservation Easement is granted on this _____ of __________ 2023, by (Name of Property Owner), having an address at (Property Owner address) (“Landowner”), to GREAT VALLEY LAND TRUST , a California nonprofit public benefit corporation, having an address at 525 W. Main St. Ste. 8, Visalia, CA 93291 (“Grantee”), for the purpose of forever conserving the agricultural productive capacity and open space character of the subject property.

RECITALS

A. The Landowner is the sole owner in fee simple of the conserved farmland property (“Property”) legally described in Exhibit A (“Legal Description”) and generally depicted in Exhibit B (“Vicinity Map”), attached to and made a part of this Agricultural Conservation Easement (“Easement”). The Property consists of approximately (XXXX) acres of land and is located in (County Name) , California, being a portion of assessor’s parcel number(s) XXX-XXX-XXX. The Property is open farmland, whose soils have been classified as prime farmland or farmland of statewide importance by the U.S. Department of Agriculture’s Natural Resources Conservation Service, and by the California Department of Conservation’s Farmland Mapping and Monitoring Program, because this land has the soil quality, growing season, and water supply needed for sustained agricultural production.

B. The agricultural and other characteristics of the Property, its current use and state of improvement, are documented and described in a Baseline Documentation Report (“Baseline Report”), prepared by the Grantee with the cooperation of the Landowner and incorporated herein by this reference. The Landowner and the Grantee warrant that the Baseline Report is complete and accurate as of the date of this Easement . Both the Landowner and the Grantee shall retain duplicate original copies of the Baseline Report.

The Baseline Report may be used to establish whether a change in the use or condition of 145
the Property has occurred, but its existence shall not preclude the use of other evidence to establish the condition of the Property as of the date of this Easement.

C. The City of Visalia (“City”) is requiring La ndowner to mitigate for the conversion of approximately XXXX acres of “prime farmland” or “farmland of statewide importance” in connection with the annexation of land for the “Name of development Project” in Visalia.

D. The Landowner grants this Easement for valuable consideration to the Grantee for the purpose of assuring that, under the Grantee’s perpetual stewardship, the agricultural productive capacity and open space character of the Property will be conserved and maintained forever, and that uses of the land that are inconsistent with these conservation purposes will be prevented or corrected. The parties agree, however, that the current agricultural use of, and improvements to, the Property, as represented in the B aseline Report completed at the time of this Easement’s recordation, are consistent with the conservation purposes of this Easement.

E. The conservation purposes of this Easement are recognized by, and the grant of this Easement will serve, the following clearly delineated governmental conservation and environmental policies:

1. The Farmland Protection Policy Act, P.L. 97-98, 7 U.S.C. section 4201 et seq., whose purpose is “to minimize the extent to which Federal programs and policies contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that Federal programs are administered in a manner that, to the extent practicable, will be compatible with State, unit of local government, and private programs and policies to protect farmland;”

2. The California Environmental Quality Act (PRC §§21000 et seq.) which requires that significant impacts to the environment resulting from a project be mitigated to the extent feasible;

3. California Civil Code at Part 2, Chapter 4, (commencing with section 815), which defines and authorizes perpetual conservation easements;

4. California Government Code Section 65966 (a), which states that “any conservation easement created as a component of satisfying a local or state mitigation requirement shall be perpetual in duration”;

5. California Constitution Article XIII, section 8, California Revenue and Taxation Code sections 421.5 and 422.5, and California Civil Code section 815.1, under which this Agricultural Conservation Easement is an enforceable restriction, requiring that the Property’s tax valuation be consistent with restriction of its use for purposes of food and fiber production and conservation of natural resources;

6. Section 10200 et seq. of the California Public Resources Code, which creates the California Farmland Conservancy Program within the Department; 146

7. Section 51220 of the California Government Code, which declares a public interest in the preservation of agricultural lands, by providing that “ agricultural lands have a definitive public value as open space" and "that the discouragement of premature and unnecessary conversion of agricultural land to urban uses is a matter of public interest”;

8. California Food and Agriculture Code Section 821 states that one of the major principles of the State's agricultural policy is "to sustain the long- term productivity of the State's farms by conserving and protecting the soil, water, and air, which are agriculture's basic resources”.

F. The Grantee is a California nonprofit organization within the meaning of California Public Resources Code section 10221 and California Civil Code section 815.3 and is a tax exempt and “qualified conservation organization” within the meaning of Sections 501(c)(3) and 170(b)(1)(A)(iv) as defined by the United States Internal Revenue Code. Grantee, as certified by a resolution of Grantee's Board of Trustees, accepts the responsibility of enforcing the terms of this Easement and upholding its conservation purposes forever.

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GRANT OF AGRICULTURAL CONSERVATION EASEMENT

Now, therefore, for the reasons given, and in consideration of their mutual promises and covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, t he Landowner voluntarily grants and conveys to the Grantee, and the Grantee voluntarily accepts, a perpetual conservation easement, as defined by Sections 815.1 and 815.2 of the California Civil Code and Section 10211 of the California Public Resources Code, and of the nature and character described in this Easement for the purpose described below, and agree as follows:

1. Conservation Purpose.

The conservation purpose (“Purpose”) of this Easement is to enable the Property to remain in productive agricultural use in perpetuity by preventing and correcting uses of the Property prohibited by the provisions of this Easement. To the extent that the preservation of the open space character of the Property is consistent with such use, it is within the Purpose of this Easement to protect those values.

2. Right to Use Property for Agricultural Purposes.

The Landowner retains the right to use the Property for agricultural purposes, or to permit others to use the Property for agricultural purposes, in accordance with applicable law and this Easement.

3. Prohibited Uses.

The Landowner shall not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with this Easement. Any use or activity that would diminish or impair the agricultural productive capacity of the Property and open space character protected by this Easement, or that would cause significant soil degradation or erosion, restrict agricultural husbandry practices, or that is otherwise inconsistent with the Conservation Purpose is prohibited (“Prohibited Use”).

“Husbandry practices” means agricultural activities, such as those specified in Section 3482.5(e) of the California Civil Code, conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality.

This Easement authorizes the Grantee to enforce these covenants in the manner described herein. However, unless otherwise specified, nothing in this Easement shall require the Landowner to take any action to restore the condition of the Property after any Act of God or other similar event over which the Landowner had no control. The Landowner understands that nothing in this Easement relieves it of any obligation or restriction on the use of the Property imposed by law.

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4. Permission of the Grantee.

Where the Landowner is expressly required to obtain the Grantee’s permission for a proposed use hereunder, said permission (a) shall not be unreasonably delayed or withheld by the Grantee, (b) shall be sought and given in writing, with copies of all documents to be provided to the City, and (c) shall in all cases be obtained by the Landowner prior to the Landowner's undertaking of the proposed use. The Grantee shall grant permission to the Landowner only where the Grantee, acting in the Grantee's sole reasonable discretion and in good faith, determines that the proposed use is not a “Prohibited Use” as defined in Section 3.

5. Construction or Placement of Buildings and Other Improvements.

The Landowner may undertake construction, erection, installation, or placement of buildings, structures, or other improvements on the Property only as provided in subsections (a) through (c) below. All other construction, erection, installation, or placement of buildings, structures, or other improvements on the Property is prohibited.

Before undertaking any construction, erection, installation or placement that requires permission, the Landowner shall notify the Grantee and obtain prior written permission from the Grantee.

For purposes of this section, the term “improvements” shall not refer to, and specifically excludes, crops, plants, trees, vines, or other living improvements planted for agricultural purposes, nor shall it refer to irrigation improvements necessary or desirable to irrigate the Property for agricultural purposes, all of which may be made without permission of the Grantee.

(a) Fences – Existing fences may be repaired and replaced without permission of the Grantee. New fences may be built anywhere on the Property for purposes of reasonable and customary agricultural management, and for security of farm produce, livestock, equipment, and improvements on the Property, without permission of the Grantee.

(b) Utilities and Septic Systems – Wires, lines, pipes, cables or other facilities providing electrical, gas, water, sewer, communications, energy generation, or other utility services solely to serve the improvements permitted herein or to transmit power generated on the Property may be installed, maintained, repaired, removed, relocated and replaced.

(c) Power generation and transmission facilities primarily for agricultural and other permitted uses on the Property may be constructed only with permission of the Grantee pursuant to Paragraph 4, and must be located in an area not to exceed 0.22 acres. Power generated in excess of requirements on the Property may be sold to appropriate public utilities. Notwithstanding the foregoing, commercial power generation, collection or transmission facilities, including wind or solar farms and the conveyance of any rights- of-way over, under or on the Property for any such purpose, are prohibited. 149

6. No Subdivision.

The division, subdivision, defacto subdivision, or partition of the Property, including transfer of development rights, whether by physical, legal, or any other process, is prohibited.

The Landowner and Grantee acknowledge and understand that the Property consists of one legal parcel(s) or portions thereof, and that no additional, separate legal parcels currently exist within the Property that may be recognized by a certificate of compliance or conditional certificate of compliance pursuant to California Government Code section 66499.35 based on previous patent or deed conveyances, subdivisions, or surveys. The Landowner will not apply for or otherwise seek recognition of additional lega l parcels within the Property based on certificates of compliance or any other authority. The Landowner shall continue to maintain the legal parcels comprising the Property, and all interests therein, under common ownership, as though a single legal parcel.

Lot line adjustment may be permitted only with the written approval of the Grantee pursuant to Section 4, in conjunction with the approval of the local jurisdiction, and for purposes of maintaining, enhancing or expanding agricultural practices or productivity on the Property, provided that the boundaries of this Easement may not be altered by such Lot Line Adjustment.

7. Extinguishment of Development Rights.

The Landowner hereby grants to the Grantee all development rights except as specifically reserved in this Easement, that were previously, are now or hereafter allocated to, implied, reserved, appurtenant to, or inherent in the Property, and the parties agr ee that such rights are released, terminated, and extinguished, and may not be used on or transferred by either party to any portion of the Property as it now or later may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. This Easement shall not create any development rights.

8. General Prohibition on Surface Mining.

Except as specifically authorized herein, the mining, removal or extraction on or from the area subject to this Easement of soil, sand, gravel, aggregate, rock, oil, natural gas, fuel, or any other mineral substance, through a surface mining, removal or extraction method or from above a depth of 150 feet below the surface of the Property is prohibited. This prohibition includes the installation of roads or pipelines for transport ation of the previously stated resources.

If a third party owns or leases the oil, natural gas, or any other mineral rights associated with the Property at the time this Easement is executed, and their interests have not been subordinated to this Easement, the Landowner must require, to the greatest extent possible, 150
that any oil, natural gas, and mineral exploration and extraction conducted by such third party is conducted in accordance with this Paragraph 8. Any mineral leases or other conveyances of minerals entered into or renewed after the date of this Easement ar e subordinate to the terms of this Easement and must incorporate by reference the term of this Easement.

This section is not intended to interfere with Landowners’ right to remove cobble and hardpan from farm areas in order to prepare the land for agricultural purposes.

9. Paving and Road Construction.

Other than existing roads as identified in the Baseline Report , no portion of the Property presently unpaved shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material, unless such measures are required by air quality laws or regulations applicable to the Property. Except as otherwise permitted herein, no road for access or other purposes shall be constructed without the permission of the Grantee pursuant to Section 4. Notwithstanding the foregoing, construction of unpaved farm roads, as necessary or desirable by agricultural operations, is permitted without permission from the Grantee. The Landowner shall notify the Grantee of any significant relocation or net addition of unpaved farm roads.

10. Trash and Storage.

The dumping or accumulation on the Property of any kind of trash, refuse, vehicle bodies or parts, or “Hazardous Materials,” as defined in Section 25 is prohibited. Farm -related trash and refuse produced on the Property may be temporarily stored on the Pr operty subject to all applicable laws. The storage of agricultural products and byproducts produced on the Property and materials reasonably required for agricultural production on the Property, including Hazardous Materials, is permitted as long as it is done in accordance with all applicable government laws and regulations.

11. Commercial Signs.

Commercial signs (including billboards) unrelated to permitted activities conducted on the Property are prohibited.

12. Recreational Uses; Motorized Vehicle Use Off Roadways

Resort structures, athletic fields, golf courses, non- residential swimming pools, public or commercial airstrips, commercial equestrian facilities, public or commercial helicopter pads, and any other non -agricultural recreational structures or facilities are prohibited on the Property. The use of motorized vehicles off roadways is prohibited except where used for agricultural production, property maintenance and security, or for the purpose of monitoring this Easement.

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13. Water Rights.

The Landowner shall retain and reserve all ground water, and all appropriative, prescriptive, contractual or other water rights appurtenant to the Property at the time this Easement becomes effective. The Landowner shall not permanently transfer, encumber, lease, sell, or otherwise separate such quantity of water or water rights from title to the Property itself. Permanent separation of water or water rights is prohibited. All water shall be retained in Tulare County for agricultural production and used in conjunction with the improvements permitted by Section 5 of this Easement only.

Water may be temporarily distributed to a contiguous property or other property owned or leased by the Landowner on an annual basis for agricultural production only. Any temporary distribution of water shall not impair the long -term agricultural productiv e capacity or open space character of the Property.

14. Rights Retained by the Landowner.

Subject to Section 7 and to interpretation under Section 23, as owner of the Property, the Landowner reserves all interests in the Property not transferred, conveyed, restricted, prohibited or extinguished by this Easement. These ownership rights include, but are not limited to, the right to sell, lease, or otherwise transfer the Property to anyone the Landowner chooses, as well as the right to privacy, the right to exclude any member of the public from trespassing on the Property, and any other rights cons istent with the Purpose of this Easement. Nothing contained herein shall be construed as a grant to the general public of any right to enter upon any part of the Property.

Nothing in this Easement relieves the Landowner of any obligation or restriction on the use of the Property imposed by law.

15. Responsibilities of the Landowner and the Grantee Not Affected.

Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Landowner as owner of the Property. Among other things, this shall apply to:

(a) Taxes – The Landowner shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantee ever pays any taxes or assessments on the Property, or if the Grantee pays levies on the Landowner’s interest in order t o protect Grantee’s interests in the Property, the Landowner will reimburse the Grantee for the same. It is intended that this Easement constitute an enforceable restriction within the meaning of Article XIII, Section 8 of the California Constitution and that this Easement qualify as an enforceable restriction under the provisions of California Revenue and Taxation Code Sections 402.1(a)(8) and 423.

(b) Upkeep and Maintenance – The Landowner shall be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. The Grantee 152
shall have no obligation for the upkeep or maintenance of the Property. If the Grantee acts to maintain the Property in order to protect the Grantee’s interest in the Property, the Landowner will reimburse the Grantee for any such costs.

(c) Liability and Indemnification – In view of the Grantee’s and the City negative rights, limited access to the land, and lack of active involvement in the day- to-day management activities on the Property, the Landowner shall indemnify, protect, defend and holds harmless the Grantee and the City, their respective officers, directors, members, employees, contractors, legal representatives, agents, successors and assigns (collectively, “Agents and Assigns”) from and against all liabilities, costs, losses, orders, liens, penalties, claims, demands, damages, expenses, or causes of action or cases, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with or relating to the Property or the Easement. The Landowner shall be solely liable for injury or the death of any person, or physical damage to any property, or any other costs or liabilities resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due to the negligence or willful misconduct of the Grantee, the City , and/or their respective Agents and Assigns. The Grantee shall be named as an additional insured on Landowner’s general liability insurance policy.

Neither the Grantee, the City, nor their Agents and Assigns shall have responsibility for the operation of the Property, monitoring of hazardous conditions on it, or the protection of the Landowner, the public or any third parties from risks relating to conditions on the Property. Without limiting the foregoing, neither the Grantee, nor the City, nor their respective Agents and Assigns shall be liable to the Landowner or other person or entity in connection with consents given or withheld, or in connection with any entry upon the Property occurring pursuant to this Easement, or on account of any claim, liability, damage or expense suffered or incurred by or threatened against the Landowner or any other person or entity, except as the claim, liability, damage, or expense is the result of the gross negligence or intentional misconduct of the Grantee, or the City, or their respective Agents and Assigns.

The Landowner’s indemnification of the City shall extend to ensure that the City shall not incur any liability for the actions or inactions addressed herein.

16. Monitoring.

(a) The Grantee shall manage its responsibilities as holder of this Easement in order to uphold the Purpose of this Easement. The Grantee’s responsibilities include, but are not limited to, annual monitoring, such additional monitoring as circumstances may require, record keeping, and enforcement of this Easement, for the purpose of preserving the Property’s agricultural productive capacity and open space character in perpetuity. The Grantee shall report to the City on or before February 1 of each year after the annual monitoring visit, describing method of monitoring, condition of the Property, stating whether any violations were found during the period, describing any corrective actions taken, the resolution of any violation, any requested or approved 153
actions made in accordance with Section 4, and any transfer of interest in the Property.

Failure of the Grantee to carry out these responsibilities shall not impair the validity of this Easement or limit its enforceability in any way. With reasonable advance notice (except in the event of an emergency circumstance or prevention of a threatened breach), Grantee shall have the right to enter upon, inspect, observe, monitor and evaluate the Property to identify the current condition of, and uses and practices on the Property and to determine whether the condition, uses and practices are consistent with this Easement.

(b) Grantee shall indemnify, defend with counsel of Landowner’s choice, and hold Landowner harmless from, all expense, loss, liability, damages and claims, including Landowner’s attorneys’ fees, if necessary, arising out of Grantee’s entry on the Property, unl ess caused by a violation of this Easement by Landowner or by Landowner’s negligence or willful misconduct.

17. Enforcement.

(a) The Grantee may take all actions, including legal actions, that it deems necessary to ensure compliance with the terms, conditions, covenants, and purposes of this Easement. The Grantee shall have the right to prevent and correct violations of the terms, conditions, covenants, and purposes of this Easement. If the Grantee finds what it believes is a violation or potential violation, it may at its discretion take appropriate legal action to ensure compliance with the terms, conditions, covenants, and purposes of this Easement and shall have the right to correct violations and prevent the threat of violations. Except when an ongoing or imminent violation could irreversibly diminish or impair the agricultural productive capacity and open space character of the Property, the Grantee shall give the Landowner written notice of the violation or potential violation, and thirty (30) days to correct it, before filing any legal action.

(b) If a court with jurisdiction determines that a violation may exist, has occurred, or is about to occur, the Grantee may obtain an injunction, specific performance, or any other appropriate equitable or legal remedy, including (i) money damages, including damages for the loss of the agricultural conservation values protected by this Easement, (ii) restoration of the Property to its condition existing prior to such violation, and (iii) an award for all of the Grantee’s expenses incurred in stopping and correc ting the violation, including but not limited to reasonable attorney’s fees. The failure of the Grantee to discover a violation or potential violation, or to take immediate legal action to prevent or correct a violation or potential violation known to the Grantee, shall not bar the Grantee from taking subsequent legal action. The Grantee’s remedies under this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.

(c) Without limiting the Landowner’s liability, the Grantee shall apply damages recovered to the cost of undertaking any corrective action on the Property. Should the restoration of lost values be impossible or impractical for whatever reason, the Grantee shall apply 154
any and all damages recovered to furthering the Purpose of this Easement.

(d) In the event the Grantee fails to enforce any term, condition, covenant or purpose of this Easement, as determined by the City, then the City, or their successors and assigns, shall have the right to enforce the Easement after giving notice to the Grantee and the Landowner and providing a reasonable opportunity under the circumstances for the Grantee to enforce any term, condition, covenant, or purpose of the Easement. In the event that the City have reasonable cause to suspect that the Grantee has failed to enforce any of the terms, conditions, covenants, or purposes of the Easement, the City and their successors and assigns shall be entitled to exercise the same right to enter the Property granted to the Grantee, including right of immediate entry in the event of an emergency or suspected emergency where the City or their successor or assign has reasonable cause to determine that immediate entry is required to prevent, terminate or mitigate a violation of this Easement.

(e) Failure or refusal to exercise any rights under the terms of this Easement by the Grantee or the City in the event of a violation by the Landowner of any term herein shall not constitute a waiver or forfeiture of the Grantee’s or the City right to enforce any term,
condition, covenant, or purpose of this Easement.

18. Transfer of Easement.

(a) This Easement may only be assigned or transferred to an entity authorized to hold such Easement as specified under Section 10211 of the Public Resources Code and has similar purposes to preserve, is capable of managing the Easement, and protecting the mitigation of the impacts to agricultural lands and open space. Such an assignment or transfer may proceed only if the organization or agency expressly agrees to assume the responsibility imposed on the Grantee by the terms of this Easement and is expressly willing and able to hold this Easement for the Purpose for which it was created. All assignment and assumption agreements transferring the Easement shall be recorded in Tulare County within thirty (30) days.

(b) If the Grantee should desire to assign or transfer this Easement, the Grantee must obtain written permission from the Landowner and the City, which permission shall not be unreasonably withheld.

(c) If the Grantee or its successors ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, the City , in consultation with the Landowner, shall identify and select an appropriate private or public entity to whom this Easement shall be transferred.

19. Perpetual Duration and No Merger of Title.

(a) Pursuant to California Civil Code at Part 2, Chapter 4, (commencing with section 815), which defines and authorizes perpetual conservation easements, and California Government Code Section 65966 (a) that requires conservation easements to be 155
perpetual when created to satisfy a local or state mitigation requirement; this Easement shall run with the land in perpetuity. Every provision of this Easement that applies to the Landowner or the Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear.

(b) No merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to the Grantee, or its successors or assigns. It i s the express intent of the parties that this Easement not be extinguished by, merged into, modified, or otherwise deemed affected by any other interest or estate in the Property now or hereafter held by the Grantee or its successors or assigns.

20. Transfer of Property Interest.

(a) Any time the Property itself, or any interest in it, is transferred by the Landowner to any third party, the Landowner shall notify the Grantee and the City in writing at least thirty (30) days prior to the transfer of the Property or interest, and the document of conveyance shall expressly incorporate by reference this Easement. Any document conveying a lease of the Property shall expressly incorporate by reference this Easement. Failure of the Landowner to do so shall not impair the validity of this Easement or limit its enforceability in any way.

(b) Prior to any sale, lease, license or other transfer of any interest in the Property, the Landowner shall inform the prospective transferee of this Easement and its terms and provide them with a copy of this Easement. Any such subsequent owners, lessees, licensees, or transferees shall succeed to and be bound by the terms of the Easement.

21. Amendment of Easement.

(a) This Easement may be amended only with the written consent of the Landowner, the Grantee, and the City. Any such amendment shall be consistent with the Purpose of this Easement and with the Grantee’s easement amendment policies, and shall comply with all applicable laws, including Section 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with that section, and with Section 815 et seq. of the California Civil Code, and the California Farmland Conservancy Program Act as codified in Section 10200 et seq. of the California Public Resources Code, and any regulations promulgated thereunder. No amendment shall diminish or affect the perpetual duration or the Purpose of this Easement, nor the status or rights of the Grantee under the terms of this Easement.

(b) This Easement and any amendment to it shall be recorded in County Name. A copy of the recorded amendment shall be provided to the City within thirty ( 30) days of recordation.

22. Termination of Easement and Eminent Domain.

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(a) Termination.

(i) It is the intention of the parties that the Conservation Purpose of this Easement shall be carried out forever as provided in the Section 10211 of the California Public Resources Code, Section 815 et seq. of the California Civil Code and California Government Code Section 65966 (a) . Pursuant to California Government Code Section 65966 (a), this Easement is established to satisfy a local or state mitigation requirement, and cannot be terminated pursuant to the administrative termination provision defined in Public Resources Code sections 10270 et seq.

Accordingly, Landowner expressly waives on behalf of Landowner and Landowner’s successors and assigns all rights to terminate or extinguish this Easement, or request that this Easement be terminated or extinguished pursuant to the administrative termination provisions set forth in sections 10270 et. seq. of the Public Resources Code.

(ii) If circumstances arise in the future that render all of the Purposes of this Easement impossible to accomplish, this Easement may be terminated or extinguished, whether in whole or in part, on the initiative of the Grantee or the Landowner, but only by judicial proceedings in a court of competent jurisdiction. The Grantee shall give notice to the City of any prospective termination or extinguishment of this Easement not less than 60 business days before initiating such proceedings. The City may intervene in any such judicial proceedings to protect or retain this Easement.

(iii)No inaction or silence by the Grantee shall be construed as abandonment of the Easement. The fact that the Property is not in agricultural use, or that agricultural use is no longer possible, is not reason for termination or extinguishment of this Easement so long as any of the Purposes of this Easement remains possible to accomplish. Other than pursuant to eminent domain or an involuntary acquisition for a necessary public use by public agency, corporat ion, or other entity or individual with the power of eminent domain (Acquiring Entity), no other voluntary or involuntary sale, exchange, conversion, transfer, assignment, lease, mortgage or other encumbrance, alienation or conveyance of any kind of all or part of the Property, or of any interest in it, shall limit or terminate or extinguish the provisions of this Easement.

(iv) Should all or part of the Property or any interest in it be proposed for acquisition for a necessary public use by an Acquiring Entity, the Landowner and the Grantee shall join in appropriate actions to recover the full value of the proposed acquisition and all incidental or direct damages resulting from the proposed acquisition as well as all other payments to which they may be entitled by law (Compensation). The Acquiring Entity shall pay Compensation directly to the Landowner and the Grantee. The Compensation of such proceeding of the Landowner and the Grantee shall be divided in accordance with t he proportionate values of the Landowner's and the Grantee's inte rests as specified in this Section 22(b) , unless other wise 157
provided by applicable law.

(v) If the Landowner receives notice, formal or informal, that any Acquiring Entity intends to exercise its power of eminent domain as to the Property or any portion thereof or any interest therein, Landowner shall promptly, and in any e vent in not less than fifteen (15) business days after receipt of such notice, give written notice to the Grantee and the City of such receipt together with a copy of any and all communications related to such prospective eminent domain proceedings. The Landowner shall thereafter promptly provide to the Grantee and the City copies of all further communications related to such proce edings and cooperate with the Grantee and the City in responding to such proceedings.

(vi) Acquisition of the Easement through the power of eminent domain is subject to the requirements of Section 10261 of the California Public Resources Code, the eminent domain laws of the State of California, including Section 1240.510 or Section 1240.610 of the Code of Civil Procedure, federal law, and this Easement.

The Property may not be taken by eminent domain or in lieu of eminent domain if the planned use is more than seven (7) years in the future (California Code of Civil Procedure section 1240.220). Purchase in lieu of condemnation, or settlement of an eminent domain proceeding, shall occur pursuant to applicable laws and procedures, including but not limited to California Government Code sections 7267.1 and 7267.2, and shall require approval of the Grantee, the City. The Grantee and the City shall have an opportunity to accompany the appraiser for the Acquiring Entity when the appraiser goes on the Property with Landowner.

(vii) Should this Easement be condemned or otherwise terminated on any portion of the Property, the balance of the Property shall remain subject to this Easement and reimbursement shall be pro-rated. In this event, all relevant related documents shall be updated and re -recorded by the Grantee to reflect the modified easement area.

Encumbrances junior to this Easement shall remain subordinate to the Easement as amended.

(b) Compensation.

(i) The grant of this Easement gives rise to a property right immediately vested in Grantee.

(ii) Compensation of the Grantee shall proceed as follows: The value of the Easement terminated or extinguished shall be determined in accordance with this Section 22(b), and the Grantee shall receive from the Landowner the entire value of the Easement to the extent terminated or extinguished. Until such compensation is paid to the Grantee in full, the amount of that compensation shall be a first priority lien on the Property with the same seniority as this Easement. This Easement shall not be deemed terminated or extinguished until such payment is received by the Grantee.
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(iii) The parties stipulate and agree that except as otherwise required by state law, the fair market value of the Easement (the “Easement Value”) shall be equal to: (1) the fair market value of the Property, unencumbered by the Easement (the “Property Value”), l ess (2) the fair market value of the Property as encumbered by the Easement each as determined on or about the date of the termination. (iv) The Grantee is entitled to its full share of proceeds as calculated herein regardless of any amount owing to a lienholder, lender or other creditor of Landowner. (v) The fair market valuation shall be determined by an appraisal performed by a qualified appraiser jointly selected by the Landowner, the Grantee and the City.

Appraisals shall conform to the Uniform Standards of Professional Appraisal Practices.
(vi) If the Landowner has initiated termination of the Easement through a judicial proceeding, the Landowner shall pay the cost of the appraisal, and the appraisal is subject to approval by the City. Nothing herein shall prevent the Landowner, the Grantee, or the City from having an appraisal prepared at its own expense. (vii) If the Grantee obtains payment on a claim under a title insurance policy insuring this Easement, payment shall be distributed as set forth this Section 22(b).

23. Interpretation.

(a) This Easement shall be interpreted under the laws of the State of California, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes.

(b) References to specific authorities in this Easement shall be to the statute, rule, regulation, ordinance, or other legal provision that is in effect at the time this Easement becomes effective.

(c) No provision of this Easement shall constitute governmental approval of any improvements, construction or other activities that may be permitted under this Easement.

24. Notices.

Any notices to the Landowner and the Grantee required by this Easement shall be in writing and shall be personally delivered or sent by First -Class Mail to the following addresses, unless a party has been notified by the other of a change of address:

To the Landowner:

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To the Grantee:

Great Valley Land Trust
525 W. Main St. Ste 8
Visalia, CA 93291

Any notices required by this Easement to be sent to the City shall be in writing and shall be personally delivered or sent by First-Class Mail, at the following address, unless a party has been notified by the City, or either one of them, of a change of address:

To the City :

City of Visalia
707 W. Acequia Ave.

Visalia, CA 93291

25. The Landowner’s Environmental Warranty.

(a) Nothing in this Easement shall be construed as giving rise to any right or ability in the Grantee or the City to exercise physical or management control over the day- to-day operations of the Property, or any of the Landowner's activities on the Property, or otherwise to become an "owner" or "operator" with respect to the Property as those words are defined and use d in environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), as amended or any corresponding state and local statute or ordinance.

(b) The Landowner warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property other than the use of Hazardous Materials in Landowner’s farming operations in compliance with Environmental Laws . Moreover the Landowner hereby promises to defend and indemnify the Grantee and the City against all litigation, claims, demands, penalties and damages, including reasonable attorneys’ fees, arising from or connected with the release or threat ened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws.

The Landowner’s indemnification obligation shall not be affected by any authorizations provided by the Grantee to the Landowner with respect to the Property or any restoration activities carried out by the Grantee at the Property; provided, however, that the Grantee shall be responsible for any Hazardous Materials contributed after this date to the Property by the Grantee.

(c) “Hazardous Materials” means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment or any other material defined and regulated by Environmental Laws.
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(d) The Landowner warrants that it shall remain in compliance with, all applicable Environmental Laws. The Landowner warrants that there are no notices by any governmental authority of any violation or alleged violation of, non- compliance or alleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property.

(e) “Environmental Law” or “Environmental Laws” means any and all federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, Hazardous Materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect.

(f) If at any time after the effective date of this Easement there occurs a release, discharge or other incident in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, the Landowner agrees to take any steps that are required of the L andowner with respect thereto under federal, state, or local law necessary to ensure its containment and remediation, including any cleanup.

26. The Landowner’s Title Warranty; No Prior Conservation Easements.

The Landowner represents and warrants that it owns the entire fee simple interest in the Property, including the entire mineral estate except as otherwise expressly identified in this Easement, and hereby promises to defend this Easement against all claims that may be made against it.

Any and all financial liens or financial encumbrances with priority over this Easement existing as of the date of the recording of this Easement have been subordinated. Exhibit D (Prior Encumbrances) sets forth all prior encumbrances.

The Landowner represents and warrants that the Property is not subject to any other conservation easement whatsoever.

27. Granting Subsequent Easements, Interests in Land, or Use Restrictions.

(a) With permission of the Grantee pursuant to Section 4, the Landowner may grant subsequent easements, including conservation easements, interests in land, or use restrictions on the Property. Under no circumstances shall the Grantee approve the granting of subsequent easements, interests in land, or use restricti ons that might diminish or impair the agricultural productive capacity or open space character of the 161
Property.

(b) The Grantee’s written approval shall be obtained at least thirty (30) days in advance of the Landowner’s execution of any proposed subsequent easement, interests in land, or use restriction on the Property, and such subsequent easements, interests in land, and use restrictions shall make reference to and be subordinate to this Easement.

(c) The Grantee shall notify the City immediately upon receipt of request by the Landowner to grant a subsequent easement, interest in land, or use restriction on the Property, and provide copies of documents associated with such a request to the City.

(d) The Grantee shall notify the City in the event that it approves the grant of any subsequent easement, interest in land, or use restriction on the Property.

28. Administrative Costs.

The administration of this Easement by Grantee requires considerable time and expense.

Grantee shall bear all routine administrative expenses related to the Easement including, but not limited to the following activities: routine easement monitoring and reporting, and notices of permitted activities, and routine staff work. Landowner agrees to pay the reasonable expenses of Grantee for non-routine administration of the Easement including, but not limited to actions requiring Grantee's prior approval, enforc ement of Easement violations and any requests of Landowner that entail or require an amendment to this Easement.

29. Severability.

If any term, provision, covenant, condition, or restriction of this Easement is held by a court of competent jurisdiction to be unlawful, invalid, void, unenforceable, or not effective the remainder of this Easement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

30. Entire Agreement.

This Easement, including the attached exhibits and the Baseline Report, is the final and complete expression of the agreement between the parties with respect to the subject matter contained herein. Any and all prior or contemporaneous agreements with res pect to this subject matter, written or oral, are merged into and superseded by this written instrument.

The exhibits attached to and included in this Easement are:

Exhibit A - Legal Description
Exhibit B - Vicinity Map
Exhibit C - Prior Encumbrances

31. Acceptance.

As attested by the signature of its Executive Director affixed hereto, as authorized by 162
Grantee’s Board of Directors/Trustees, in exchange for consideration, the Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed of Agricultural Conservation Easement.

To Have and To Hold, this Deed of Agricultural Conservation Easement unto the Grantee, its successors and assigns, forever.

[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
163
In Witness Whereof, the Landowner and the Grantee, intending to legally bind themselves, have set their hands on the date first written above.

LANDOWNER
(XXXXXXXXX)

________________________________
Name XXXX

________________________________
Name XXXX

GRANTEE

Great Valley Land Trust,
a California nonprofit public benefit corporation

By: ________________________________

Name: _____________________________

Title: _____________________________________

164

ACKNOWLEDGMENT

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _______________ ) ss.

On ________________ before me,_____________________________, a Notary Public, personally appeared ____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________

165

ACKNOWLEDGEMENT

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _______________ ) ss.

On _________________ before me,____________________________, a Notary Public, personally appeared ______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________

166
Exhibit A
(Property)

Real property in the unincorporated area of the County of Tulare, State of California, described as follows:

XXXXXXXXXXX

167
Exhibit B
(Vicinity Map)

WILL BE ATTACHED PRIOR TO RECORDING

168
Exhibit C
(Prior Encumbrances)

WILL BE ATTACHED PRIOR TO RECORDING

169
Annual Monitoring and Repor�ng
Great Valley Land Trust shall submit a report to the City on or before February 1 of each year, describing the ac�vi�es undertaken by the en�ty under this chapter for the previous calendar year. The report shall describe the status of the agricultural conserva�on easements for purposes of sa�sfying the preserved land obliga�ons under this chapter held by the en�ty, including all costs associated with acquisi�on of agricultural conserva�on easements acquired in accordance with this chapter, a summary of all ac�ons taken to enforce its agricultural conserva�on easements acquired in accordance with this chapter, and an accoun�ng of the amount and use of administra�ve and in-lieu fees remited to it by applicants.

Confirma�on of the accredita�on status of the qualified en�ty shall also be reported. The report shall also include any other applicable repor�ng requirements as specified by this chapter.

1. Visit site of Agricultural Land Conserva�on easement.

2. Verify that there are no changes or addi�onal buildings. a. If there are any changes or addi�onal buildings, does it comply with the City of Visalia Sec�on 10.04.080 Terms of Easement.

3. Take photos and visual inspec�on of the property.

4. Verify with the County (where the easement is held) that there are no new construc�on permits.

5. Condi�on of the Property, including ac�ve farming status.

6. Report any viola�on found during the period.

7. Describe any correc�ve ac�ons taken and resolu�on of any viola�on.

8. Report any requested or approved ac�ons made in accordance with Sec�on 4 of the City of Visalia APO.

9. Report any transfer of interest in the property.

170
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0056 Agenda Date: 3/4/2024 Agenda #: 5.

Agenda Item Wording:

CAC Appointment - Approve the Citizens Advisory Committee’s recommendation to appoint Jim Reeves to fill a vacant voting position on the Citizens Advisory Committee.

Deadline for Action: 3/4/2024
Submitting Department: Administration
Contact Name and Phone Number: Captain Luma Fahoum, [email protected] <mailto:[email protected]>, 713-4103; Jason Serpa, Public Works Manager, 713-4533, [email protected] <mailto:[email protected]> Department Recommendation:

Approve the Citizens Advisory Committee’s recommendation to appoint Jim Reeves as voting member of the Citizens Advisory Committee. Mr. Reeves would take over a vacated term set to expire in June of 2025 and eligible to be considered for a second term starting in July, 2025.

Background Discussion:

The Citizens Advisory Committee (CAC) consists of eleven (11) members. There are currently two (2) vacancies on the committee. If this appointment is approved by Council, Jim Reeves will fill a vacancy for the term that will expire in June of 2025, at which time Mr. Reeves will be eligible to be considered for a second term. An unexpired term that has more than half the term remaining is considered to have served a full term. A Committee member that serves less than half an unexpired term can be considered to serve their first full term upon reappointment. Since the unexpired term still has 16 months remaining, it will be considered the first full term and Mr. Reeves would be eligible for two additional terms after 2025.

The CAC meets monthly for a variety of purposes including:
· Annually review the City’suse of the Measure T Public Safety Sales Tax commenting on the City Manager’s certified budget and the outside auditor’s review of monies spent. · Provide two (2) members to sit on the Measure N Oversight Committee. · Provide training, review, and recommendations to Council for the distribution of non-profit youth grants.
· Provide input on the City’suse of Community Development Block Grants (CDBG) and other programs from Housing and Urban Development (HUD).
· Provide Council feedback on an annual basis with regards to proposed new and/or increased fees and rates.

If the recommended appointment of Jim Reeves is approved by Council, the eleven (11) member Visalia City Council Printed on 4/26/2024Page 1 of 4
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File #: 24-0056 Agenda Date: 3/4/2024 Agenda #: 5.

If the recommended appointment of Jim Reeves is approved by Council, the eleven (11) member committee will be made up of the following members:

CITIZEN’S

ADVISOR
Y

COMMITT
EE Acts
as a
liaison
between
the
general
public
and the
City
Council
concernin
g
communit
y issues.

Meetings
held the 1st
Wednesda
y of each
month at
5:30 p.m.
at City
administrat
ion
Building,
220 N.

Santa Fe
St. Staff
Rep:

Jason
Serpa and
Luma
Fahoum;
Members:
11 Members -
2-year
term
length/3
max.
terms.

1. Jones, Ed 1st term: 7/2022 - 6/2024

2. Johnson, Alana 1st term: 7/2023-6/2025

3. Stewart, Glen 1st term: 7/2021-6/2023

4. Donabed, Rebecca UET term: 7/2021-6/2023

5. Jim Reeves UET: 2/2024-6/2025

6. Ruiz, Frank 1st term: 7/2018-6/2020; 2nd term: 7/2020-6/2022; 3 6/2024

7. Julie Appelbaum UET: 11/2023-6/2024

8. William Mann UET: 11/2023-6/2024

9. Prosser, Brian 1st term: 7/2022-6/2024

10. Salgado, Miguel UET: 5/2022-6/2023

11. Vacant 10/2021-6/2023
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File #: 24-0056 Agenda Date: 3/4/2024 Agenda #: 5.

CITIZEN’S

ADVISOR
Y

COMMITT
EE Acts
as a
liaison
between
the
general
public
and the
City
Council
concernin
g
communit
y issues.

Meetings
held the 1st
Wednesda
y of each
month at
5:30 p.m.
at City
administrat
ion
Building,
220 N.

Santa Fe
St. Staff
Rep:

Jason
Serpa and
Luma
Fahoum;
Members:
11 Members -
2-year
term
length/3
max.
terms.

1. Jones, Ed 1st term: 7/2022 - 6/2024

2. Johnson, Alana 1st term: 7/2023-6/2025

3. Stewart, Glen 1st term: 7/2021-6/2023

4. Donabed, Rebecca UET term: 7/2021-6/2023

5. Jim Reeves UET: 2/2024-6/2025

6. Ruiz, Frank 1st term: 7/2018-6/2020; 2nd term: 7/2020-6/2022; 3 6/2024

7. Julie Appelbaum UET: 11/2023-6/2024

8. William Mann UET: 11/2023-6/2024

9. Prosser, Brian 1st term: 7/2022-6/2024

10. Salgado, Miguel UET: 5/2022-6/2023

11. Vacant 10/2021-6/2023
Applicant:

Jim Reeves has been a Visalia resident for over 50 years and although retired since 2019, he served the community as a 911 emergency dispatcher for Tulare County for 25 years. His interests include Big Brothers and Big Sisters organizations and is active in the LGBT+ community as an advocate Visalia City Council Printed on 4/26/2024Page 3 of 4
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File #: 24-0056 Agenda Date: 3/4/2024 Agenda #: 5.
and member.

He is interested in City government and hopes his experience with non-profit community organizations will be beneficial to the CAC committee.

Fiscal Impact:

N/A
Prior Council Action: Council has historically affirmed the recommendations of the CAC related to the appointment of new members.

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

Approve the Citizens Advisory Committee’s recommendation to appoint Jim Reeves to a vacant position on the committee. If appointed, Mr. Reeves will fill a term that expires in June 2025.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: CAC application for Jim Reeves
Visalia City Council Printed on 4/26/2024Page 4 of 4
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0466 Agenda Date: 3/4/2024 Agenda #: 1.

Agenda Item Wording:

Business Regulations Amendment - First reading and public hearing for Ordinance 2024-02 to amend Visalia Municipal Code Chapters 5.04 and 5.28 to include general updates and to address changes required for compliance with other sections of the Visalia Municipal Code.

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

Melody Murch, 559-713-4379, [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends the City Council hold a public hearing and introduce the first reading of Ordinance No 2024-02 to amend the following Visalia Municipal Code (VMC) Chapters included in Title 5 “Business Regulations”:

1. VMC Chapter 5.04 “Business Licenses Generally”.

2. VMC Chapter 5.28 “Hotels and Lodging Houses”.

The amendments and additions to the VMC sections listed above are required to address outdated references and information, and to comply with other sections of the VMC.

Background Discussion:

The current version of Title 5, Business Regulations, in the Municipal Code has been in place since the last amendment occurred in 1995 (Ordinance No. 95-17, adopted June 26, 1995). The amendments proposed in this item are the result of the recent VMC amendment addressing Short- term Rentals which became effective on December 6, 2023. The recently adopted Short-term Rental ordinance requires some clarification of business definitions contained within Title 5, Chapter 5.04 and Chapter 5.28. Staff has also reviewed the entire 5.04 and 5.28 chapters, and this amendment contains updates to clarify language and address outdated references, as well as updates to reflect current business practices and procedures. The full text of Title 5, Chapters 5.04 and 5.28, including clearly marked changes, is included in Attachment A to this item, and discussed below. This amendment includes three types of changes which are: clarifications and corrections, reclassifications, and revisions.

Clarification and Correction: The amendment contains the following clarifications and corrections:
· Gender Pronouns. Throughout Title 5, Chapters 5.04 and 5.28, references to “his/her”, “himself/herself”, “him/her”, and “he/she” have been replaced with the gender-neutral terms “their”, “themself”, “itself”, “it”, “them”, and “they”.

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· Business Tax Certificate. The definition of “Business Tax Certificate” has been expanded to clarify the terms interchangeability with the terms “Business License”, “City Business License”, “City of Visalia Business License”, and “Business Tax Permit”. · Employee. The definition of “Employee” has been amended to include volunteers, for the purposes of VMC Title 5.
· Grammer and “Typos”. Various minor grammatical and typographical errors have been corrected. These corrections do not result in any material changes. · Outdated References. Outdated references have been updated or removed. These clarifications do not result in any material changes.

Reclassification: The amendment contains the following reclassifications:
· Definitions. The definition sections of 5.04.010 and 5.28.010 contain statements which have been moved to more appropriate code sections or amended for uniformity. Specifically:
o A portion of the “Administrative and Corporate Headquarters” definition has been moved to section 5.04.070 F.
o A portion of the definition for “Real Estate Developer” has been moved to section

5.04.070 G., where it addresses both Real Estate Developers and Subdividers. o The chapter 5.28 definition section (5.28.010 Definitions) has been revised to reference the definitions contained in section 5.04.010 to ensure uniformity throughout Title 5 of the VMC.

Revision: The amendment contains the following revisions to the definition section, 5.04.010:
· Annual Gross Receipts. The definition for “Annual Gross Receipts” has been combined with the “Gross Receipts definition.
· Business Day. A definition for “Business Day” has been added. · Close of Business. A definition for “Close of Business” has been added. · Gross Receipts. Item 8. of the “Gross Receipts” definition has been amended to remove language that could require double payment of business tax to both the City of Visalia, and another City in which the acts or services are performed. · Lodging House Business. The definition of “Lodging House Business” has been amended for clarification and to exclude the newly added definition for “Short-term Rental”. · Real Estate Developer. The definition of “Real Estate Developer has been revised to exclude Visalia City Council Printed on 4/26/2024Page 2 of 4
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File #: 23-0466 Agenda Date: 3/4/2024 Agenda #: 1.
the newly added definition for “Real Estate Subdivider”. · Real Estate Subdivider. A definition for “Real Estate Subdivider” has been added. · Rental of Commercial Property. The definition of “Rental of Commercial Property Business” has been revised to include property licensing agreements. An example of a property licensing agreement would be the licensing of a small space within a supermarket to an optometrist. This example creates both a new and separate business and/or location, as well as a commercial landlord arrangement.
· Rental of Residential Property. The “Rental of Residential Property Business” definition has been amended to exclude the newly added definition for “Short-term Rental”. · Short-term Rental. A definition for “Short-term Rental” has been added. · Interstate Commerce. Confusing language in Section 5.04.090 D. has been amended to clarify that if audit of a business located outside the COV that is consummating transactions within the COV results in an increase of the assessment amount during a period for which tax has been paid and a certificate issued, that the increase will begin at the time of the next billing period.
· Provisional Certificate. Section 5.04.130 B. has been revised to reflect that a provisional certificate will be issued when an entity has paid their business tax but is out of compliance with any city ordinance and/or the requirements of another regulatory agency. Because the business tax certificate is simply a receipt for payment, it cannot be withheld, but issuance of a provisional certificate informs the viewer the business is non-compliant. · Confidential Information. Section 5.04.160 D. has been revised to allow, rather than require, city attorney review of the requested disclosure of account information to the business owner.

Most requests by business owners for disclosure of their own account information are routine, and only requests that are out of the ordinary will be questioned and reviewed by the city attorney.
· Fee Changes. Sections 5.04.190, 5.04.210, 5.04.260, 5.04.400 B., and 5.04.420 have been revised to reflect the general City practice that referenced fees will be set by the City’s annual rates and fees process.
· Tax - How and When Payable. Section 5.04.230 A. has been amended to make payment due by close of business as defined in the Title 5 definitions, rather than a specific time of day. · Distribution of Printed Matter. Section 5.04.280 has been amended to comply with section

9.24.010 of the VMC which declares the distribution of printer matter unlawful within the COV. · Chapter 5.28 Title Change. The title of Chapter 5.28 has been revised to include short-term rentals, and to remove reference to “hotels” which are included in the definition of “Lodging Houses”.

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File #: 23-0466 Agenda Date: 3/4/2024 Agenda #: 1.

A full review for update of the remaining chapters of Title 5 of the VMC is underway, and recommended amendments for the remaining sections will be brought to Council by Chapter, as they are completed.

Fiscal Impact:

None.

Prior Council Action: Title 5, “Business Regulations”, was last amended by Council on June 26, 1995 (Ordinance No. 95-17).

Other: N/A
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance 2024-02 for the amendment Visalia Municipal Code (VMC) Chapters 5.04, “Business Licenses Generally”, and 5.28, “Hotels and Lodging Houses” included in Title 5 “Business Regulations”.

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

Attachment A: Draft Ordinance 2024-02 Re: Chapter 5.04 and 5.28 Business Regulations.

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ORDINANCE NO. 2024-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING CHAPTERS 5.04 AND 5.28 OF THE CITY OF VISALIA MUNICIPAL CODE

PERTAINING TO BUSINESS REGULATIONS GENERALLY AND REGULATION OF

LODGING HOUSES AND SHORT-TERM RENTALS

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

Section 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City Council of the City of Visalia hereby makes the followings findings:

A. The current version of Title 5, Business Regulations, in the Municipal Code has been in place since the last amendment occurred in 1995 (Ordinance No. 95-17, adopted June 26, 1995).

B. The amendments proposed in this item are the result of the recent VMC amendment addressing Short-term Rentals which became effective on December 6, 2023. The recently adopted Short-term Rental ordinance requires some clarification of business definitions contained within Title 5, Chapter 5.04 and Chapter 5.28.

C. The amendments also contain updates to clarify language and address outdated references, as well as to update and revise the Visalia Municipal Code to be consistent with current City business practices and procedures related to the regulation of businesses in the City of Visalia.

Section 2. Title 5 of the Visalia Municipal Code is hereby amended by revising certain sections of Chapter 5.04 to include the modifications described below with newly added language listed in italics/underline and deleted language listed in strikeout. Sections 5.04.010,

5.04.070, 5.04.080, 5.04.090, 5.04.100, 5.04.130, 5.04.150, 5.04.160, 5.04.180, 5.04.190,

5.04.210, 5.04.220, 5.04.230, 5.04.250, 5.04.260, 5.04.270, 5.04.280, 5.04.290, 5.04.320,

5.04.330, 5.04.350, 5.04.390, 5.04.400, 5.04.420 shall henceforth read as follows:

5.04.010 Definitions.

Unless it is apparent from the context that another meaning is intended, the following words and/or phrases, when used in this title, shall have the meaning respectively ascribed to them and shall be interpreted and construed accordingly. As used in this title, the following words or phrases shall mean:

Administrative and Corporate Headquarters. "Administrative and corporate headquarters," as defined by the collector, shall pay a minimum annual business tax. This is an office that is located within the city limits that provide administrative or management related services such as, but not limited to, record keeping, data processing, research, personnel administration, and corporate headquarters services to other locations where the operations of the same business are conducted which lead more directly to the production of gross receipts.

Annual Gross Receipts. "Annual gross receipts", means the total "gross receipts" (as defined in this section) for the calendar year.
181
Business. "Business" includes professions, trades, and occupations and all and every kind of calling carried on with or without the intent of making a profit.

Business Day. “Business Day” includes any day the city of Visalia Business Tax division is open for business.

Business District. "Business district" means any area zoned for business purposes by the zoning regulations of the city.

Business Tax Certificate. "Business tax certificate" shall mean the physical documentation verifying payment of tax issued by the collector, indicating the tax period covered. “Business License”, “City Business License”, “City of Visalia Business License”, and “Business Tax Permit” are used interchangeably within the City of Visalia Municipal Code to mean “Business Tax Certificate” when used in reference to this title.

Calendar Year. "Calendar year" means January 1st, of any given year, through and including December 31st of such year.

City. "City" means the city of Visalia, a certified California chartered city.

City Council. "City council" means any city council of the city.

Chief of Police. "Chief of police" means any chief of police of the police department of the city, or his/her their duly authorized deputies, or assistants who may be charged with the responsibility of enforcing this title.

Close of Business. “Close of Business” means the end of the working day for the Business Tax division of the City of Visalia.

Collector. "Collector" means the director of the finance department, or his/her their duly authorized deputies, or assistants who may be charged with the collection of business taxes and the issuance of business tax certificates.

Contractor. "Contractor" means any contractor, who is required to be licensed as a contractor by the state of California, or any entity that undertakes to or offers to undertake to or purports to have the capacity of to undertake to or submits a bid to, or does himself/herself itself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. The term contractor includes specialty contractor, and further includes an entity that contracts to hire out personnel and trucks, tractors, excavating or other equipment in connection with a construction project, whether at rates by the hour or day or for a contract amount. Contractors shall include general contractors, specialty contractors, developers, engineering contractors, and all subcontractors doing work within the city.

Director of Finance. "Director of finance" means any director of the finance department of the city, or his/her their duly authorized deputies, or assistants who may be charged with the collection of business taxes and the issuance of business tax certificates.

Employee. "Employee" means any individual engaged in the operation or conduct of any business, whether as a member of the owner's family, agent, manager, solicitor, volunteer, or any other individual employed or working in said business. 182
Entity. "Entity" includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common law trusts, societies, persons and individuals transacting and carrying on any business in the city, other than as an employee.

Fixed Place of Business. "Fixed place of business" shall mean the premises within the city where a specific business is continuously conducted from day to day and regularly kept open for the purposes of such business.

Gross Payroll. "Gross payroll" includes the total gross amount of all salaries, wages, commissions, bonuses, or other money payment of any kind which an individual received from or is entitled to receive from or be given credit for by his/her employer for any work done or personal service rendered in any trade as reported on federal, quarterly or annual payroll forms 941 or 940; provided, however, that where employees working in the city were reported as having worked elsewhere than in the city, the part of their wages paid or due for work performed in the city shall be included as gross payroll in the city.

Gross Receipts. "Gross receipts" includes the annual calendar year total amounts actually received or receivable for any sale or for the performance of any act or service, of whatever nature it may be, for which charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise; and gains realized from trading in stocks or bonds, interest income, carrying charges, rents, royalties, fees, commissions, dividends, or other emoluments, however designated. Included in gross receipts shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from gross receipts, shall be the following:

1. Cash discounts allowed and taken on sales;

2. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser (example sales tax or excise tax);

3. Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit;

4. Amounts collected for others where the business is acting as trustee to the extent that such amounts are paid to those for whom collected; provided, the trustee has furnished the collector with the names and addresses of the others and the amounts paid to them;

5. Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded;

6. As to a real estate broker, the sales price of real estate sold for the account of others, except that portion which represents commission or other income to the broker;

7. As to alcohol, alcoholic beverages, bars, restaurants, liquor stores, and like businesses dispensing and/or selling alcoholic beverages, only that portion of the gross receipts related to the manufacture, transportation or sale of alcohol shall be exempt;

8. Amounts received or receivable by an entity having a fixed place of business within the city for acts or services performed outside the city, but only to the extent a business tax has been paid to the city or cities in which the acts or services were performed for gross receipts, up to a maximum of twenty-five (25) percent of the total gross receipts; 183

9. Renting, letting, or subletting of property owned by an entity to himself/herself itself or to an entity wholly owned by him/her it.

Individual. "Individual" shall mean one separate being; natural individual. Such individual shall not represent any group of individuals.

Itinerant Vendor. "Itinerant vendor" includes all entities, both principal and agent, who engage in a transient business in the city selling materials, goods, wares and/or merchandise and for the purpose of carrying on such business hire, lease or occupy any room, booth, building or structure for the exhibition or sale of such materials, goods, wares and/or merchandise, or who from any such room, booth, building or structure makes sales. The entities so engaged shall not be relieved from the provisions of this title by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, or as a part of, or in the name of, any local dealer, trader, merchant or auctioneer. Additionally, the business shall be classified as an itinerant vendor if such business conducts business in the city for less than ninety-one (91) calendar days; further, such business may be classified by the collector as an itinerant vendor if such business conducts business continuously for less than three hundred sixty-five (365) calendar days.

Lodging House Business. "Lodging house business" includes any City-approved and properly permitted business entity conducting, carrying on or managing any building in which sleeping rooms or apartments are or may be let or hired cumulatively to six or more individuals for one or more nights, whether compensation therefore be paid in money, labor, merchandise or otherwise; and includes hotels, motels, bed and breakfasts, time-share projects, and apartment houses where cooking is not done in any room or apartment except in the general kitchen used and operated in connection with the business of such lodging house, hotel, motel, bed and breakfast, time-share project, or apartment house. Short-term rentals as defined in this section shall not be considered Lodging House Business.

Musical performances. "Musical performances" includes any concert, minstrel show, band concert, musical performance or exhibition, or entertainment, or other public exhibition, where a charge may be made for admission or seats; provided, that "musical performances" shall not include public dances or circuses.

Outdoor Advertising Business. "Outdoor advertising business" includes any entity carrying on or engaged in the business or occupation of providing outdoor advertising for others.

Peddle. "Peddle" means to sell and make immediate delivery, or offer for sale and immediate delivery, any materials, goods, wares, or merchandise in possession of the seller, at any place within the City other than from a fixed place of business.

Peddler. "Peddler" includes any hawker, vendor, or other individual who goes from house to house, from place to place, or in or along the streets within the city selling and making immediate delivery or offering for sale and immediate delivery any materials, goods, wares, merchandise or anything of value in his/her their possession to entities other than manufacturers, wholesalers, jobbers, or retailers in such commodities.

Police Department. "Police department" means police department (also known as the department of public safety) of the city.

Public Utility. "Public utility" means any entity which furnishes the public with communication, water, light, gas, heat, power, waste treatment/collection/removal, or other public utility or 184
service subject to regulation by the Public Utilities Commission of the state of California or a franchise agreement with the city.

Real Estate Developer/Real Estate Subdivider. “Real Estate Developer” develops a property or subdivision, making physical improvements to it by putting in roads, utility lines, and other infrastructure elements. This type of business will pay on gross receipts from the commissions per the lots/houses/ offices of the development. The business tax application shall be remitted at the beginning of the development project.

Real Estate Subdivider. “Real Estate Subdivider” subdivides and/or sells individual lots with the promise to eventually put in roads, sewers, and water lines.

Rental of Commercial Property Business. “Rental of Commercial Property Business” An entity shall be considered to be in the business of renting commercial property if they rent for consideration one or more units. A commercial landlord is a business or individual that rents, /subleases, or enters into a licensing agreement for one or more units of commercial the property for consideration.

Rental of Residential Property Business. An entity shall be considered to be in the business of renting residential property if they rent for consideration two or more units, be they single-family dwellings, trailers, mobile homes or other units in multiple family residences, within the city limits. Short-term rentals as defined in this section shall not be considered Rental of Residential Property Business.

Sale. "Sale" includes the transfer, in any manner or by any means whatsoever, of title to real or personal property for a consideration; the serving, supplying or furnishing for a consideration of any property; and a transaction whereby the possession of the property is transferred and the seller retains the title as security for the payment of the price shall likewise be deemed a sale.

The foregoing definitions shall be deemed to include any transaction which is or which, in effect, results in a sale within the contemplation of law.

Short-term rental. “Short-term Rental” shall mean rental of a dwelling or a portion thereof by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The rental of units within City-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be short-term rental.

Solicit. "Solicit" means to sell or take orders or offer for sale or offer to take orders for materials, goods, wares, or merchandise, for future delivery, or for service to be performed, at any place within the city other than a fixed place of business.

Solicitor. "Solicitor" means any individual engaged in soliciting, canvassing, or taking orders from house to house or from place to place, by telephone or by any other means of communication for any materials, goods, wares or merchandise, for any article to be delivered in the future or for services to be performed in the future, for making, manufacturing or repairing any article whosoever for future delivery, or for subscriptions to periodicals or tickets of admission to entertainment, or memberships in any clubs.

Sworn Statement. "Sworn statement" means any affidavit sworn to before an individual authorized to take oaths, or a declaration or certification made under penalty of perjury in accordance with California law.
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Transient Business. "Transient business" means every business not conducted at a fixed place of business, whether the individual(s) conducting such transient business is or is not a resident of the city.

Vehicle. "Vehicle" means any and every device, in, upon, or by which any individual(s) or property is or may be transported or drawn upon a public highway or roadway.

5.04.070 Branch establishments.

A. A separate business tax must be paid for each branch establishment or location of the business, and each tax certificate shall be for only the business at the location so specified and conducted in the manner designated; provided, that warehouses and distributing plants used in connection with and incidental to a business under the provisions of this title shall not be deemed to be a separate place of business or branch establishment. Temporary location(s) established by an entity otherwise taxed pursuant to the provisions of this title for the same type of business and under the same business name for a cumulative period of forty-five (45) days or less per calendar year shall not be subject to a separate business tax.

B. If a business uses two or more names at the same location, then an additional license would be needed for each additional name. If a business has a state contractor's license and does both the sales and installation, only one license would be needed. Example, a carpet store sells and installs; the gross receipts would be reported for both.

C. An entity which provides goods, services, music, or amusement by vending machines or coin-operated services shall be subject to one business tax certificate for all such machines or devices within the city and shall combine total gross receipts for all machines or devices located within the city.

D. An entity with billboard(s) shall be subject to one business tax certificate for all such billboard(s) within the city and shall combine total gross receipts for all billboard(s) located within the city.

E. An entity engaged in rental of, lease, or license agreements for residential property or commercial property shall be subject to one business tax certificate for all such properties and shall combine total gross receipts for all properties located within the city.

F . "Administrative and corporate headquarters," as defined by the collector, shall pay a minimum annual business tax.

G. Real Estate Developers and Subdividers as defined by the collector shall pay on gross receipts from the commissions per the lots/houses/ offices of the development. The business tax application shall be remitted at the beginning of the development project.

5.04.080 Evidence of doing business.

The collector shall consider it prima facie evidence that business is being conducted in the city if the entity:

A. Advertises, holds out, or represents that they are in business in the city, by use of sign(s), circular(s), card(s), telephone book(s), or newspaper(s),; or electronic medium, social media, web page(s), or any other method to describe or draw attention to promote sales or draw attendance; or
B. Holds an active license or permit issued by a governmental agency or files for a fictitious name indicating that such entity is in business in the City; or 186
C. Makes a sale, takes an order, barters, renders a service or performs any other similar act within the city.

5.04.090 Interstate commerce.

A. None of the taxes provided for by this title shall be applied so as to cause an undue burden upon interstate commerce or violate the equal protection and due process clauses of the constitution of the United States of America and the state of California.

B. A business whose address of record is outside of the city and who does not have a fixed place of business in Visalia and who delivers merchandise to Visalia from outside the state of California is exempt from the Visalia Business Tax by the Interstate Commerce Clause of the United States Constitution. However, if any money is exchanged within the city, the sale is considered consummated in the city, and the business does not qualify for this exemption. In any case where this business tax is believed by an applicant to place an undue burden upon interstate commerce or be in violation of such constitutional clauses, he/she they may apply to the collector for an adjustment of the tax. Such application shall be made within six months after payment of the prescribed tax. The applicant shall, by sworn statement and supporting testimony disclose:

1. The interstate or other character of his/her their business entitling such exemption;

2. The name and location of the business for which the orders are to be solicited or secured;

3. The name of the nearest local or state manager, if any, and his/her their address;

4. The kind of goods, wares, or merchandise to be delivered;

5. The place from which the goods, wares or merchandise are to be shipped or forwarded;

6. The method of solicitation or taking orders;

7. The location of any warehouse, factory, or plant within the State of California;

8. The method of delivery;

9. The name and location of the residence of the applicant;

10. The gross receipts or estimated gross receipts of business; and

11. Other such information as the collector may deem necessary in order to determine the extent, if any, of such undue burden or violation.

C. Additionally, a copy of the order blank, contract form, or other papers used by such individual in taking orders shall be attached to the sworn statement for the information of the collector.

D. The collector shall then conduct an investigation, and shall fix as the tax for the applicant an amount that is reasonable and nondiscriminatory, or if the tax has already been paid, shall order a refund of the amount over and above the tax so fixed. In fixing the tax to be charged, the collector shall have the power to base the tax upon a percentage of gross receipts or any other measure which will assure that the tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the tax as prescribed by this title. Should the collector determine the gross receipts measure of tax to be the proper basis, he/she they may require the applicant to submit a sworn statement of the 187
gross receipts and pay the amount of tax therefore; provided, that no any additional tax due shall not be retroactive, but shall apply at the time of the next regularly ensuing calculation of the applicant's tax any one calendar year shall be required after the business shall have paid an amount equal to the annual tax as prescribed in this title.

5.04.100 Rules, regulations and other fees.

The collector may adopt rules, regulations, and other fees not inconsistent with the provisions of this title as may be necessary or desirable to aid in the enforcement of the provisions of this title. A copy of any such rules, regulations, and other fees shall be available for public inspection in the collector's office. Other fees may be established by the finance director or his/her their designate. Such fees shall be based on the administrative cost to provide such service. A business may be required to furnish names and addresses of independent workers, contractors, sales persons, agents, service workers, persons who receive commissions, etc., that are not employed as an employee of that company. If a business does not submit the information requested, an audit may be done.

5.04.130 Types of documents.

Every entity required to pay a tax under the provisions of this title shall make application to the collector and upon the payment of the prescribed tax, the collector shall issue one of the following:

A. Certificate of Compliance. Such certificate will be issued to an entity that appears to be in compliance with all city ordinances and other regulatory agencies.

B. Statement of Noncompliance Provisional Certificate. Such certificate will be issued to an entity that does not appear to be in compliance with another city ordinance and/or other regulatory agency. Such entity shall also be subject to the provisions of Section 5.04.400.

C. Other Certificate as Prescribed.

1. Such certificate as prescribed by the collector will be issued to an entity as may be necessary or desirable to aid in the enforcement of the provisions of this title.

2. In addition, the following documents may be issued by the collector when an entity fails to submit an application for a business tax certificate and/or fails to pay the prescribed tax:

D. Warning Notice. A warning notice may be issued to an otherwise legally operating entity which has failed to make application for a business tax certificate and/or pay the prescribed tax.

E. Cease and Desist Order. A "cease and desist order" shall be issued to any entity which:

1. Is in noncompliance with any other city ordinance or regulatory agency, or

2. Maintains all business offices outside of the city, and employs peddlers and/or solicitors within the city and does not have a current business tax certificate.

F. Citation. A citation may be issued to an entity which violates the business tax ordinance.

The citation shall be subject to the provisions of Article 3, Sections 5.04.400 through 5.04.430.

5.04.150 Statement and records.

A. No sworn statement shall be conclusive to the city as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder. Such sworn statements and each of the several items 188
therein contained shall be subject to audit and verification by the collector, his/her their deputies or authorized employees of the city, who are hereby authorized to examine, audit, and inspect such books and records of any taxable business, as may be necessary in their judgment to verify or ascertain the amount of tax due.

B. All entities subject to the provisions of the title shall keep complete records of business transactions, including sales receipts, purchases, and other expenditures, and shall retain all such records for examination by the collector. Such records shall be maintained for a period of at least the current calendar year plus three prior years. No entity required to keep records under this section shall refuse to allow authorized representatives of the collector to examine said records at reasonable times and places.

5.04.160 Information confidential.

It is unlawful for the collector or any individual having an administrative duty under the provisions of this title to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any entity required to submit such information to the collector, or any other entity examined or visited in the discharge of official duty, or the amount of source of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, to be seen or examined by any individual.

Provided, that nothing in this section shall be constructed to prevent:

A. Disclosure to, or examination of records and equipment by, another city official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this title, or collecting taxes imposed thereunder;
B. Disclosure of information to, or examination of records by, federal or state officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists; or to a grand jury or court of law, upon subpoena;
C. Disclosure of information and/or the results of an examination of records of a particular taxpayer, or relating to a particular taxpayer, in judicial proceedings brought to determine the existence and/or the amount of any tax liability of the particular taxpayer to the city or to the city attorney for the defense of the city or any employee or official thereof, against a claim filed by the taxpayer against the city of or any employee or official thereof; D. Disclosure after filing of a written request to that effect, to the taxpayer himself themself, or to his/her their successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided that upon review of, however, that the city attorney approves each such disclosure and that the collector may refuse to make any disclosure referred to in this paragraph when in his/her their opinion the public interest would suffer thereby; E. Disclosure of nonfinancial information and account status, including but not limited to balances due, business name(s) and address(es), the name(s) and address(es) of officers of corporations and members of partnerships to whom tax certificates have been issued, and the general type, profession, and/or nature of such business; F. Disclosure by way of public meeting or otherwise of such information as may be necessary to the city council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for a refund of taxes, or submits an offer of compromise with regard to a claim asserted against him/her them by the city for delinquent taxes, or when acting upon any other matter; 189
G. Disclosure of general statistics regarding taxes collected or business done in the city; H. Disclosure of information and records as may be required under state law applicable to chartered cities or required by subpoena served on the city.

5.04.180 Appeal.

Any individual aggrieved by any decision of the collector with respect to the business tax requirements or business tax due may file a notice of appeal with the director of finance. The applicant shall by affidavit and supporting testimony show such information as the director of finance may deem necessary in order to determine the proper decision. The director of finance may conduct his/her their own investigation including but not limited to an audit of the applicant's business records and shall have the administrative duty of determining the proper decision. Any applicant aggrieved by the decision of the director of finance shall have the right of appeal to the city council by filing a notice of appeal with the clerk of the city council. Said appeal must be filed by the applicant in writing with the clerk of the city council within thirty (30) days after payment in the case of a claim for refund, or within thirty (30) days from the date of mailing of written notice to the applicant in the case of a waiver and shall state the specific grounds upon which the appeal claim is founded. The city council shall thereupon fix a time and place for hearing such appeal. The clerk of the city council shall give notice to such individual of the time and place of the hearing by serving it personally or by depositing it in the United States Post Office in Visalia, California, postage prepaid, addressed to such individual at his/her their last known address. The city council shall have the authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this title.

5.04.190 Close or change of ownership.

In the event any business subject to a business tax closes or changes ownership, said business shall file a closing return with the city, in such form as the collector may prescribe, and shall pay the business tax due thereon within thirty (30) days from the time of closing or changing ownership of said business. A closing return shall be considered delinquent if not filed within the specified time and may be subject to the administrative fee as specified in the current Business Tax rates and fees set by resolution of the city council. The processing fee for delinquent filings shall be ten dollars ($10.00) per month delinquent after the initial thirty (30) days.

5.04.210 Duplicate certificate.

A duplicate certificate may be issued by the collector to replace any certificate previously issued which has been lost or destroyed, upon the certificate holder filing statement of such fact, and at the time of filing such statement paying to the collector a service charge, as set by the director of finance resolution of the city council.

5.04.220 Posting/keeping business tax certificates.

A. Any entity transacting and carrying on business at a fixed place of business in the city shall keep the certificate posted in a conspicuous place upon the premises where such business is carried on.

B. Any individual transacting and carrying on business but not operating at a fixed place of business in the city shall keep the certificate upon his/her their person at all times while transacting and carrying on the business for which it was issued. If the business activity, of which business tax has been paid, is conducted by more than one individual, each individual shall keep a copy of the certificate upon his/her their person at all times while transacting and 190
carrying on the business for which it was issued. An accessible and transmittable electronic copy is acceptable for the purposes of this part.

5.04.230 Tax--How and when payable.

All business tax certificates issued pursuant to this title shall expire, unless renewed on the date on which the tax is payable for the succeeding certificate. In no case shall any mistake made by the collector in stating the amount of the business tax fee prevent or prejudice the collection of what shall be actually due from anyone carrying on any trade, calling, profession, or occupation subject to a tax under this title.

A. All business taxes due under the terms of this title, except the first tax payment for businesses with a fixed place of business, shall be payable in advance of the applicable tax period prescribed as follows:

1. Unless otherwise specifically provided, all annual taxes under the provisions of this title shall be due and payable in advance, on the first day of July, and shall be considered delinquent if unpaid at five p.m. close of business on the last business day of the month in which the business tax was due and payable.

2. Unless otherwise specifically provided, all semi-annual taxes under the provisions of this title shall be due and payable in advance, on the first day of January and July, and shall be considered delinquent if unpaid at five p.m. close of business on the last business day of the month in which the business tax was due and payable.

3. Unless otherwise specifically provided, all quarterly taxes under the provisions of this title shall be due and payable in advance, on the first day of January, April, July and October and shall be considered delinquent if unpaid at five p.m. close of business on the last business day of the month in which the business tax was due and payable.

4. Unless otherwise specifically provided, all monthly taxes under the provisions of this title shall be due and payable in advance, on the first business day of each month for which the business tax is due and payable and shall be considered delinquent if unpaid at five p.m. close of business on that date.

5. Unless otherwise specifically provided, all daily taxes under the provisions of this title shall be due and payable in advance, on the effective date and shall be considered delinquent if unpaid at close of business on the last business day prior to or on the effective date five p.m. on that date.

B. An entity which opens a new business with a fixed place of business any time during the year shall apply for a business tax certificate upon commencement of such business and shall be delinquent if taxes due under the provisions of this title are not paid on or before the last business day of the month in which business commenced.

5.04.250 Refunds.

No refund of erroneously paid taxes collected under this title shall be allowed whole or in part unless a claim for refund is filed with the collector upon a form in a manner prescribed by the collector within a period of three years from the last day of the calendar month for which the payment was made, and all such claims for refund of the amount of the payments must be filed with the collector in writing in the manner prescribed by the collector. Upon the filing of such a 191
claim and when determination determined that a an overpayment has had been made, the collector may refund the amount overpaid. Such refund may be made only under the following conditions:

A. Where a refund is specifically authorized by the provision of law requiring payment of the license, permit or application tax;
B. Where the applicant for any business tax certificate has not, at any time after the commencement of the period or term during which the requested business tax certificate would have been effective, commenced or engaged in the business or occupation, or performed any act, for which the business tax certificate was required; C. Where the money paid was not required by law, or, was erroneously or illegally collected or received by the city through mistake, inadvertence or error of law or of fact, and whether paid or charged under any provision of this title, or otherwise.

5.04.260 Annual adjustment of fixed tax for inflation.

In July of each year, the director of finance city council shall adjust the prior year's fixed business taxes (including but not limited to minimum, maximum and other flat and/or fixed business taxes) according to a three year moving average change in the United States All Urban Consumer Price Index. The intent of this process is to adjust for impact of inflation.

5.04.270 Business tax--Gross receipts.

A. Every entity which engages in business in the city (except those covered in Article 2 of Chapter 5.04 and except those included in Section 5.04.280(C) through 5.04.280(G)), shall pay a tax based upon gross receipts, unless specifically enumerated in this article, resulting from business activities within the city limits at the rates and ratios as set forth, by classification, in the following sections of this title.

B. The collector will determine the classification of the business. In any case where an individual believes that his/her their business is not assigned to the proper classification under this title because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he/she they may apply to the collector for reclassification. Such application shall contain such information as the collector may deem necessary to determine whether the applicants individual business is properly classified. The proper classification is the classification which, in the opinion of the collector, most nearly fits the applicants individual business.

C. The reclassification shall not be retroactive, but shall apply at the time of the next regularly ensuing calculation of the applicant's tax. No business shall be reclassified more than once in one year.

5.04.280 Business tax fees.

A. All entities subject to business tax based on gross receipts shall pay said tax based on the following schedule and subject to the semi-annual minimum and maximum tax as set by resolution of the city council:

1. Professionals $1.25 per thousand
of gross receipts

2. Services 1.00 per thousand
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of gross receipts

3. Retailers, Hotels .70 per thousand
of gross receipts

4. Manufacturers .40 per thousand
of gross receipts
The minimum and maximum taxes for professionals are per individual, while the minimum and maximum taxes for the other categories are per entity.

B. State Licensed Contractors. A person engaged in the business of contracting is included in this category and shall pay a flat rate semi-annual tax as set by resolution of the city council, unless the business is also engaged in activities covered under subsection (A) of this section.

C. Public Dance. Every entity carrying on, promoting or managing a public dance shall pay a flat daily tax as set by resolution of the city council.

D. Cultural Performance. Every entity carrying on, promoting, or managing a cultural performance for not more than ninety (90) consecutive days shall pay either a flat daily tax, a flat monthly tax, or a business tax which is calculated on gross receipts at one dollar ($1.00) per one thousand dollars ($1,000.00) or fraction thereof on gross receipts. The flat rate, minimum and maximum tax shall be set by resolution of the city council. Entities classified as a cultural performance shall include, but are not limited to:

1. Musical performance,

2. Comedy and/or magic show,

3. Truck and/or tractor pulls,

4. Vehicle and/or bicycle races, and

5. Sporting events.

E. Special Event. Every entity, except nonprofit, tax exempt entities, carrying on, promoting, or managing a special event for not more than ninety (90) consecutive days shall pay either a flat daily tax, a flat monthly tax, or a business tax which is calculated on gross receipts at one dollar ($1.00) per one thousand dollars ($1,000.00) or fraction thereof on gross receipts. The flat rate, minimum and maximum tax shall be set by resolution of the city council.

F. Temporary Business. Itinerant vendors and temporary businesses which are not specifically taxed in subsections (A) through (E) of this section and are carried on, managed, or conducted for not more than ninety (90) consecutive days, shall pay either a flat daily tax, a flat monthly tax, or a business tax which is calculated on gross receipts at one dollar ($1.00) per one thousand dollars ($1,000.00) or fraction thereof on gross receipts. The flat rate, minimum and maximum tax shall be set by resolution of the city council.

G. Distribution of Printed Matter. Every entity conducting, carrying on or managing the business of advertising, by means of distributing dodgers, handbills, circulars, printed advertisements, cards, tickets or advertising samples of merchandise, shall pay either a flat daily tax or a flat monthly tax.

The flat daily and monthly tax shall be set by resolution of the city council. 193
For purposes of this section, the words "conducting", "carrying on," or "managing the business" are defined to be and are construed to mean the doing of any act or series of acts of distributing or advertising. Per Section 9.24.010 of the Municipal Code distribution of printed matter is declared unlawful within the City of Visalia.

H. Every entity not having a fixed place of business within the city who enters the city to deliver, collect, gather, load or pick up passengers, materials, goods, wares or merchandise of any kind by vehicle, or who enters the city to provide any service by the use of vehicle, shall have the option of paying either an annual business tax for each vehicle (a trailer shall be deemed to be a separate vehicle for purpose of this section) or a business tax based on gross receipts using the category for manufacturers in subsection (A) of this section.

5.04.290 Enforcement.

A. It shall be the duty of the collector to enforce each and all of the provisions of this title, and the chief of police, chief of the fire department, or chief building official, shall render such assistance in the enforcement hereof as may be required by the collector, city manager or the city council.

B. In accordance with Section 836.5 of the Penal Code of the state of California, the director of finance and the collector are authorized to make arrests without warrants, and issue citations, for the violation of the provisions of this title.

C. The collector and each of his/her their assistants and any city police officer and any fire inspector shall have the power and authority to enter free of charge, at any reasonable time, any place of business within the city and request to see its business tax certificate.

5.04.320 Environmental findings of fact.

The city council finds and determines that the adoption of this title is exempted from the provisions of the California Environmental Quality Act (CEQA) under the provisions of the State CEQA Guidelines Section 15273 in that this title establishes and modifies existing charges and taxes imposed by the city for the purpose of meeting operating expenses, including employee wage rates and benefits and capital projects necessary to maintain services within the existing service area. The city council further finds that the adoption of this title is exempt from CEQA under the provisions of the State CEQA Guidelines Section 15061 (b)(3) in that there is not a possibility that the provisions enacted by this title will effect a substantial change in the environment.

5.04.330 United States Constitution or state of California Constitution.

A. Nothing in this title shall be deemed or construed to require payment of such tax as herein prescribed from any entity transacting and carrying on any business which is exempt from the payment of such tax as is herein prescribed by virtue of the Constitution of the United States or applicable statues of the United States or of Section 14 of Article XIII of the Constitution of the state of California.

B. Any entity claiming an exemption pursuant to this section shall file a sworn statement with the collector stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such entity shall be liable for the payment of the taxes imposed by this title.

5.04.350 Artists and art exhibits.
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The provisions of this title shall not require a business tax payment by an individual artist for the exhibition or display of paintings, sculpture, photographs, or other fine arts in public buildings, or in any business establishment, if the exhibition or display is incidental to the primary business conducted on the premises, and is primarily for cultural and for educational purposes, and if the annual gross receipts from the sales of his/her their art work within the city do not result in annual gross receipts in excess of twelve thousand five hundred dollars ($12,500.00). (Ord. 9517 § 1 (part), 1995: prior code § 6214)

5.04.390 Exemptions--Revocation of.

An exemption will be revoked whenever there is reason to believe that any entity, to whom a tax-exempt status was granted pursuant to Section 5.04.330 through Section 5.04.380 has furnished false or misleading information in the sworn statement. If the revoked exemptee chooses to appeal the revocation, he/she they must follow the appeal process specified in Section 5.04.180.

5.04.400 Violation--Penalty provision.

Any violation of any provision of this title shall be punishable as a misdemeanor. Upon recommendation of the prosecuting attorney and city agency, the misdemeanor could be reduced to an infraction.

A. Any individual who knowingly or intentionally misrepresents to any officer or employee of the city any material fact herein required to be provided is in violation of the title. Additionally, any individual who on a sworn statement states information as a true material fact which he/she they knows to be false is guilty of perjury.

B. Any individual who, with the intent to defraud the city or evade his/her their business tax obligation misrepresents in any business tax form which said individual files, any fact material to the determination of a correct amount of business tax due shall be assessed a penalty of one hundred (100) percent of the amount of business tax due plus one percent interest per month, or a portion thereof, on the unpaid amount from the date the tax was due until the date of payment. as set by resolution of the city council.

C. Any individual who has a business certificate issued under this chapter and has said certificate in his/her their possession or under his/her their control and who fails to exhibit the same upon request is in violation of the title.

5.04.420 Infraction.

Any individual guilty of an infraction shall be punishable by a fine not to exceed the amount set by resolution of the city council for the first, second, a fifty dollar ($50.00) fine for the first offense, one hundred dollars ($100.00) for the second, and two hundred fifty dollars ($250.00) for the third, and subsequent offenses.

Section 3. Title 5 of the Visalia Municipal Code is hereby amended by revising Chapter 5.28 to include the modifications described below with newly added language listed in italics/underline and deleted language listed in strikeout. Chapter 5.28 shall henceforth read as follows:

Chapter 5.28

HOTELS AND LODGING HOUSES AND SHORT-TERM RENTALS

5.28.010 Definitions.
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For the purposes of this chapter the term "lodging house" shall be deemed to be and is declared to include any building in which sleeping rooms or apartments are or may be let or hired to six or more individuals for one or more nights, whether then compensation therefore be paid in money, labor, merchandise or otherwise, and includes hotels and apartment houses where cooking is not done in any room or apartment except in the general kitchen used and operated in connection with the business of such lodging house, hotel or apartment house Unless it is apparent from the context that another meaning is intended, words and/or phrases, when used in this section shall have the meaning respectively ascribed to them in section

5.04.010 of this title and shall be interpreted and construed accordingly.

5.28.020 Register.

Every individual or entity conducting or operating a lodging house or hotel short-term rental in the city whether as owner, lessee, agent or manager, shall keep a register wherein every guest and every individual hiring, obtaining or procuring lodging or the right to occupy or use any room or rooms, in such lodging house or hotel short-term rental, shall be required to inscribed provide his/her their true name at the time of procuring such lodging or the right to occupy or use any room or rooms in such lodging house or short-term rental hotels. Said register shall show the time the name was inscribed provided (the day, the month and the year), also the room or rooms hired or procured by such guest or lodger. Said register shall be kept in a conspicuous place readily available for viewing upon the request of in said lodging house, or hotel and shall be, at all times, open to inspection by any other guest or lodger in said lodging house and to the chief of police and to all other city police officers. An accessible and transmittable electronic copy is acceptable for the purposes of this part.

5.28.030 Registration required.

Before furnishing any lodging, permitting any individual to use or occupy any room or rooms in any such lodging house or short-term rental hotel, the owner, operator, manager or individual in charge thereof shall require registration as provided in 5.28.010.

5.28.040 Unlawful to register under fictitious name.

Every guest and every individual hiring, obtaining or procuring lodging or the right to occupy or use any room or rooms, in any lodging house or short-term rental hotel in the city, at the time of hiring, obtaining or procuring such lodging or the right to use or occupy any such rooms or rooms and before occupying or using any room or rooms in any such lodging house or short- term rental hotel, must register as provided in Section 5.28.010 of this title and it is unlawful for any individual to so register under a fictitious name or under any name not the true name of the individual so registering.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

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Section 5. Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Section 6. Effective Date. This Ordinance shall take effect thirty days after its adoption.

Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

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TITLE 5 - BUSINESS REGULATIONS

AMENDMENT
MARCH 4, 2024
VISALIA MUNICIPAL CODE CHAPTERS 5.04 AND 5.28
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AMENDING TITLE-5
“BUSINESS REGULATIONS”
•Last updated in 1995
•Proposing three types of amendments
•Clarification and Correction
•Reclassification
•Revision
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CLARIFICATION AND CORRECTION
•Gender Neutral Language
•Clarified Definitions
•Corrected Typos and Outdated
References
200

RECLASSIFICATION
•Definition language addressing fees
moved to proper sections
•Duplicate definitions in chapter 5.28
replaced with reference to existing
definitions in chapter 5.04
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REVISIONS
•For consistency with new Short-Term-Rental
ordinance
•To reflect current business practices
•To clarify all Business Tax fee changes are by
resolution of the City Council
•To allow enforcement of existing restrictions
on the distribution handbills
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PUBLIC HEARING – 1ST READING
•Conduct public hearing on proposed
amendment
•Motion to introduce the 1st reading of
Ordinance 2024-XX.
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ST AFF WILL
RETURN
MARCH 18, 2024

FOR SECOND READING
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0061 Agenda Date: 3/4/2024 Agenda #: 2.

Agenda Item Wording:

Urgency Ordinance - Consider adoption of Ordinance 2024-03, an interim ordinance to be adopted as an emergency measure to regulate the location and operational requirements for massage establishments, Citywide. (4/5’s approval of the City Council is required for passage.) Deadline for Action: 3/4/2024
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that the City Council adopt Ordinance No. 2024-03, an interim ordinance, to be adopted as an emergency measure to regulate the location and operational requirements for message establishments, citywide. (4/5’s approval of the City Council is required for passage.) Summary:

Over the past 12 months, City staff have seen an increase in requests for Conditional Use Permits (CUPs) for massage establishments. A total of eight CUPs have been filed with the Planning Division, with four CUP applications filed in the in the past 45 days. Please note that several of the applications recently filed have and/or will be deemed incomplete due to insufficient information provided on the applications. Given the recent influx of request to establish massage establishments in shopping center locations, within close proximity to the local junior college, and residential neighborhoods, staff is requesting the City Council adopt an emergency ordinance to establish additional regulations, in the interim, while more specific regulatory changes to the Visalia Municipal Code (Title 5 Business Regulations and Title 17 Zoning) are further considered.

This interim emergency ordinance is being considered under Visalia City Charter Article VI, Section 7, and Government Code section 65858, which permit the adoption of an interim emergency ordinance, in this instance modifications to the zoning ordinance, as an urgency measure upon findings that the proposed ordinance is needed due to alleviate a current and immediate threat to the public health, safety, or welfare. Such an ordinance is permitted to be adopted on a 4/5 vote of the legislative body.

If approved, the ordinance would go into effect immediately. The interim ordinance will void 45 days after its adoption unless extended by a subsequent 4/5 approval by the legislative body after a public hearing with notice of hearing published at least 10 days prior to the hearing along with posting the notice of hearing at least 10 days before the hearing in at least three public places.

City staff is preparing amendments to the municipal code which will be processed through the formal Visalia City Council Printed on 4/26/2024Page 1 of 5
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File #: 24-0061 Agenda Date: 3/4/2024 Agenda #: 2.

City staff is preparing amendments to the municipal code which will be processed through the formal public hearing review procedures. The amended municipal code updates may be subject to further modification or disapproval during that process. Staff anticipates bringing the municipal code amendments through the public hearing process over the next 60 days with anticipated public hearing dates for Planning Commission in late April.

Current City of Visalia Regulations:

The City of Visalia Municipal Code Title 5 Business Regulations Section 5.68 “Massage Establishments” confirms permitting standards intended to comply with California law and establish health and safety guidelines for massage establishments. A copy of Section 5.68 is attached to this report. The Zoning Ordinance, Section 17.25.030 Zoning Use Matrix, identities “MassageTherapist” uses as Conditionally Permitted (requiring a Conditional Use Permit), in the Neighborhood Commercial (C-N), Commercial Mixed Use (C-MU), Downtown Mixed Use (D-MU), Professional / Administrative Office (O-PA), and Office Conversion (O-C) zones, while the Regional Commercial (C- R) zone allows massage therapist businesses as a Permitted use.

A review of current business licenses has identified approximately 103 licenses that are either issued, applied for and/or delinquent for massage establishments/therapists in the City of Visalia.

Urgency Ordinance Request:

An article published in the Human Trafficking Institute website identifies that illicit massage businesses thrive largely with impunity because these operators exploit vulnerabilities in regulatory framework and lack of enforcement oversight. There is evidence to support that some massage establishments serve as fronts for prostitution or human sex trafficking and the potential for crime and unsafe activity at these establishments is particularly concerning given that some of these establishments are located within close proximity to places where families congregate, such as restaurants and shopping center areas. In addition, concentrating land uses with such concerns may also increase the potential for greater combined impacts from illicit activities. A study by the Urban Institute, Estimating the Size and Structure of the Underground Commercial Sex Economy in Eight Major Us Cities (2014), documented the extent of the commercial sex industry including massage parlors. The study suggests that much of these illicit activities in cities have moved indoors and is furthered by internet related communication. In the cities studied, there was a rise of massage businesses that sometimes was associated with organized criminal activities and human trafficking.

Since 2018, the Neighborhood Preservation Division received complaints regarding 18 massage establishments; of the 18 complaints received 15 were found to be operating in violation of the City’s municipal code. Three complaints were found to be unsubstantiated with no violations found.

Violations noted ranged from massage therapist not visibly posting their CMATC certification, tenant improvements done without the benefit of an approved building permit, employees living in the establishment, operating without an approved conditional use permit, and illicit activities. Even with enforcement efforts, the potential for increases in crime and ancillary effects to the community continue to be a high concern.

Although some of these businesses have been shut down due illicit activity, there are many massage establishments that operate legitimately, and as such, the City is not seeking to outright prohibit massage establishments from legally operating in the City of Visalia, but rather is seeking additional codified requirements in the interim while revisions to the municipal code are being drafted.

The proposed restrictions, as stated below and as provided in the attached Ordinance No. 2024-03, do not represent a moratorium or ban on massage establishments. In addition, the urgency ordinance would not impact existing legal businesses that are currently operating under approved Visalia City Council Printed on 4/26/2024Page 2 of 5
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File #: 24-0061 Agenda Date: 3/4/2024 Agenda #: 2.
ordinance would not impact existing legal businesses that are currently operating under approved permitting requirements. The emergency regulations are intended to ensure the City of Visalia regulates massage establishments in compliance with adopted state statutes and imposes reasonable conditions on the operation of massage establishments, in the interim, until more specific regulatory changes to the Visalia Municipal Code are further considered and adopted at a future public hearing.

Interim Measures:

In order to avoid the potential threat that the approval of a conditional use permit allowing a massage business will result in negative impacts to the public’speace, health, safety, and welfare, the following interim ordinance requirements are being requested to ensure that nuisance activities occurring at massage establishments in the City of Visalia are properly regulated.

In reviewing other jurisdictions ordinances in California for this type of business, staff found that separation or saturation requirements was one of many tools implemented to deter crime, alleviate overconcentration in a particular area of the community, and to provide a buffer from sensitive receptors. Commonly, most jurisdictions used a 300-to-500-foot buffer as a regulation to reduce the potential for overconcentration. The Visalia municipal code applies distance requirements of 1,000- feet for smoke shop/tobacco establishments, 750-feet for adult oriented businesses, and 500-feet for delivery only medical marijuana businesses.

Staff is recommending a 750-foot separation between massage establishments. Staff concludes the 750-foot separation buffer would have the effect of tempering the proliferation of massage establishments within the City, along the Mooney Boulevard corridor where it is clearly apparent that there is an overconcentration of massage establishments as depicted per the attached maps (see attached massage establishment maps), and to potentially reduce the associated effects of illicit activities on adjacent commercial businesses and neighborhoods. Attached are maps of existing licensed Massage Establishments located in Visalia (see Attachments 1 and 2), and the 750-foot buffer from each establishment (see Attachment 3). The 750-foot buffer map (Attachment 3) depicts that when the buffer is applied, there remains areas for a new massage establishment to occur. The information provided on the mapping exhibits identifies areas in the community that appear to be overconcentrated with massage establishments but demonstrates the emergency regulations being considered would not constitute a moratorium or ban on these establishments.

While the City recognizes that commercial massage therapy is a professional pursuit that offers the public valuable health and therapeutic services, it may continue to find that unless property regulated, the operation of massage establishments may be associated with unlawful activity that pose a threat to the quality of life in the community. The following regulations are being proposed for the City Council’s consideration, in the interim and immediate basis:
a. In addition to Conditional Use Permit being required in the Neighborhood Commercial (C-N), Commercial Mixed Use (C-MU), Downtown Mixed Use (D-MU), Professional / Administrative Office (O-PA), and Office Conversion (O-C) zones, a Conditional Use Permit is also required for Massage Establishments/Therapist in the Regional Commercial (C-R) zone. b. No Massage Establishment may be located within a radius of 750 feet of another Massage Establishment, as measured in a straight line, from the nearest point of the premises where said massage establishment is conducted to the nearest property line of any lot or legal parcel upon which a massage establishment is proposed to be located. Existing businesses operating a Massage Establishment that are already conducting business and in possession of all previously required licenses and/or permits for such business in the City of Visalia on the effective date of this emergency ordinance are considered existing non-conforming related to Visalia City Council Printed on 4/26/2024Page 3 of 5
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effective date of this emergency ordinance are considered existing non-conforming related to separation from all required sources as long as the permit is not revoked, or the business does not cease operation. The regulations proposed in this interim ordinance that do not concern the location of the business would apply.
c. No Massage Establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. d. Doors. All front, reception, hallway or front exterior doors except back or rear exterior doors used for employee entrance to and exit from the massage establishment) shall be kept unlocked during business hours. A massage establishment may lock its exterior doors during business hours if the establishment is owned by one individual with one or no employees. No massage may be given within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked, unless the only door is an exterior door.
e. Minimum lighting consisting of at least one artificial light of not less than forty watts shall be provided and shall be operating in each room or enclosure where Massage Services are being performed on Clients, and in all areas where Clients are present. f. Living Quarters Prohibited. No person or persons shall be allowed to reside, dwell, occupy or live inside a Massage Establishment at any time. Beds and floor mattresses shall not be permitted on the premises.
g. Inspections. The operator and/ or on duty Responsible Employee consents to the inspection of the massage establishment by the City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the purpose of determining that the provisions of this ordinance or other applicable laws or regulations are met. The City' s Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department may, from time to time, make unannounced inspections of each massage establishment for the purpose of determining that the provisions of this chapter, State law or other applicable laws or regulations are met.
h. No person shall enter, be or remain in any part of a Massage Establishment while in possession of an open container of alcohol, or consuming or using any alcoholic beverages or controlled drugs except pursuant to a prescription for such drugs. The Owner, Operator, or responsible managing Employee shall not permit any such person, or any person who is clearly intoxicated, to enter or remain upon the premises. i. No Massage Establishment shall operate a school of massage or use the same facilities as that of a school of massage.

The regulations, as provided above, shall be considered additional regulations, and will not supersede the current municipal code requirements found in Visalia Municipal Code Title 5 Business Regulations Section 5.68 “Massage Establishments”. Rather, these additional regulations will help strengthen the requirements as established in Sections 5.68 and 17.25 of the Visalia Municipal code.

Visalia City Council Printed on 4/26/2024Page 4 of 5
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File #: 24-0061 Agenda Date: 3/4/2024 Agenda #: 2.

Fiscal Impact: None.

Prior Council Action: None.

Other: None
Alternatives:

The City Council may revise or decline staff’s request to adopt an interim zoning ordinance.

Recommended Motion (and Alternative Motions if expected):

I move to adopt Ordinance No. 2024-03, an interim ordinance, as an emergency measure to regulate the location and operational requirements for message establishments, citywide.

Environmental Assessment Status:

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

CEQA Review:

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

Attachments:

1. Ordinance No. 2024-03

2. Attachment 1 - Massage Establishment Locations

3. Attachment 2 - Intensity Map

4. Attachment 3 - 750-ft. Buffer

5. Title 5 Business Regulations Section 5.68 “Massage Establishments”

6. PowerPoint Presentation
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ORDINANCE NO. 2024-03

AN INTERIM ORDINANCE TO FURTHER REGULATE

MASSAGE ESTABLISHMENTS

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

SECTION 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City of Council of the City of Visalia hereby makes the followings findings:

A. The City of Visalia Municipal Code Title 5 defines "Massage establishment" as follows: “means and includes any business enterprise or establishment, parlor, or any room, place or institution within a business establishment where massage is given or administered by a massage technician as a paid service ” and in addition, the City of Visalia Municipal Code Title 17 defines, “Massage Therapy Establishment ” as follows: “means an establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body by a Certified Massage Therapist.”

B. The City of Visalia Municipal Code Title 17 currently permits Massage Therapists under the current City of Visalia Zoning Ordinance in the Neighborhood Commercial (C- N), Commercial Mixed Use (C -MU), Downtown Mixed Use (D -MU), Professional / Administrative Office (O-PA), and Office Conversion (O-C) zones within the City of Visalia with a Conditional Use Permit (CUP) issued under Visalia Municipal Code Chapter 17.38.

C. Recently the City of Visalia has seen an increase in requests for CUPs to operate Massage Establishments. In recent instances, such usages are proposed within close proximity to residential neighborhoods, junior college, and within shopping centers.

D. Although these recent instances of this proposed use near residential neighborhoods resulted in comments received that stated property owners concerns this type of use should not be placed in close proximity to schools and residen tial neighborhoods, the usage was allowed because the current City of Visalia Zoning Ordinance does not require buffering distance requirements regarding this type of commercial activity near schools and residential neighborhoods. The City Council has since considered whether a specific policy should be adopted and has determined that it would be in the interest of the public health, safety, or welfare to consider changes to the municipal code on how this type of business should be further regulated.

E. In 2008, the Legislature adopted Senate Bill 731, which created the California Massage Therapy Council, a state -organized nonprofit organization with regulatory authority over the certification of massage technicians and practitioners throughout the State of California which also limited the City' s regulatory authority over massage establishments that exclusively hire State-certified massage technicians, preempting most 210
local licensure and permitting requirements and land use regulations and has been widely criticized by local agencies as providing massage businesses with almost unprecedented protection from local zoning and land use authority, and interfering with local law enforcement efforts to close massage businesses that allow prostitution and oth er illegal activities.

F. In response to the criticism against Senate Bill 731, Assembly Bill 1147 was enacted which allows local agencies to impose reasonable zoning, business licensing, and health and safety requirements on massage establishments, and t he City of Visalia seeks to amend the Visalia Municipal Code to ensure that the City regulates massage establishments in compliance with the provisions of enacted State statutes.

G. The increase in requests for the operation of Massage Establishments that has occurred in recent years does not appear to be slowing, which has raised concerns of whether illicit uses are trying to create a business front for illicit activity and a proliferation of such types of uses could result in negative impacts to the public’s peace, health, safety, and welfare.

H. The potential for criminal and unsafe activity at massage establishments is particularly concerning given that some massage establishments in the City are located within proximity to places where families congregate, such as restaurants and shopping areas.

I. Code enforcement and policing efforts have found that illegal massage operations that are shut down are often replaced by similar ill egal massage operations in the same location. There are significant adverse impacts from allowing illegal massage operations to remain at a given site. Impacts include decreased consumer confidence in the legal operation of future massage establishments at a site, decreased consumer confidence in the neighboring businesses, and confusion among customers regarding any connection between the closed illegal operation and a new legal operation, and detrimental effects on all surrounding businesses.

J. The City Council finds and declares the illicit and illegal activities disguising as legitimate massage establishments in the City pose health and safety threats to operators, employees, patrons, surrounding businesses, and the public, in order to address this threat to public health and safety the City Council hereby finds the adoption of the proposed urgency interim zoning ordinance to be necessary while a more specific amendment to the Municipal Code is reviewed in the normal process by the City.

K. Further the City Council finds and declares that approving additional conditional use permits to allow additional Massage Establishments within close proximity of an existing Massage Establishment would potentially be in conflict with the stated goals of the City of Visalia General Plan and Zoning Ordinance to preserve and promote the public health, safety, and welfare of the city by creating conditions that would adversely impact the public’s interest.

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L. The City Council finds and declares that the ordinance regulations on Massage Business shall be adopted on an interim and immediate basis to protect the public health, safety, and welfare of the community while the more permanent regulations are reviewed in additional detail.

SECTION 2. While this interim ordinance is in effect the following regulatory standards shall apply as additional limitations and requirements under the Visalia Zoning Ordinance on a Massage Establishment and/or Massage Therapy Establishment as those terms are defined in Visalia Municipal Code. Businesses that are already operating under conditional use permits in areas that would be prohibited under these regulations may continue to operate as they would constitute legal non-conforming use.

A. In addition to Conditional Use Permit being required in the Neighborhood Commercial (C -N), Commercial Mixed Use (C -MU), Downtown Mixed Use (D -MU), Professional / Administrative Office (O -PA), and Office Conversion (O -C) zones, a Conditional Use Permit shall be required for Massage Establishments/Therapist in the Regional Commercial (C-R) zone.

B. No Massage Establishment may be located within a radius of 750 feet of another Massage Establishment, as measured in a straight line, from the nearest point of the premises where said massage establishment is conducted to the nearest property line of any lot or legal parcel upon which a massage establishment is proposed to be located.

Existing businesses operating a Massag e Establishment that are already conducting business and in possession of all previously required licenses and/or permits for such business in the City of Visalia on the effective date of this emergency ordinance are considered existing non-conforming related to separation from all required sources as long as the permit is not revoked, or the business does not cease operation.

C. No Massage Establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.

D. Doors. All front, reception, hallway, or front exterior doors except back or rear exterior doors used for employee entrance to and exit from the massage establishment) shall be kept unlocked during business hours. A massage establishment may lock its exterior doors during busines s hours if the establishment is owned by one individual with one or no employees. No massage may be given within any cubicle, room, booth, or any area within a massage establishment which is fitted with a door capable of being locked, unless the only door is an exterior door.

E. Minimum lighting consisting of at least one artificial light of not less than forty watts shall be provided and shall be operating in each room or enclosure where Massage Services are being performed on Clients, and in all areas wh ere Clients are present.

F. Living Quarters Prohibited. No person or persons shall be allowed to reside, dwell, occupy or live inside a Massage Establishment at any time. Beds and floor mattresses shall not be permitted on the premises.
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G. Inspections. The operator and/ or on duty Responsible Employee consents to the inspection of the massage establishment by the City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the pur pose of determining that the provisions of this ordinance or other applicable laws or regulations are met. The City' s Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department may, from time to time, make unannounced inspections of each massage establishment for the purpose of determining that the provisions of this chapter, State law or other applicable laws or regulations are met.

H. No person shall enter, be or remain in any part of a Massage Establishment while in possession of an open container of alcohol, or consuming or using any alcoholic beverages or controlled drugs except pursuant to a prescription for such drugs. The Owner, Operator, or responsible managing Employee, shall not permit any such person, or any person who is clearly intoxicated, to enter or remain upon the premises.

I. No Massage Establishment shall operate a school of massage or use the same facilities as that of a school of massage.

SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.

SECTION 4. This Ordinance shall take effect immediately as an interim zoning ordinance under the provisions of California Government Code section 65858. It shall be of no further force and effect forty-five (45) days from its adoption unless it is extended pursuant to Government Code section 65858(a).

SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.

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City of Visalia
City Council Public Hearing
March 4, 2024
224
Staff Recommendation
• Receive presentation and adopt
Ordinance No. 2024-03.
• Ordinance is seeking to place new
regulations to regulate the location and
operational requirements for message
establishments, Citywide.
• 4/5 vote approval of the Council required
for passage.
• If approved, the ordinance would go into
effect immediately.

City Council Public Hearing
March 4, 2024
225
Summary
• Recent increases in CUP submittals for massage
establishments, staff is seeking Council approval
for an emergency ordinance.
• Emergency ordinance being considered under
Visalia City Charter Article VI, Section 7, &
Government Code section 65858.
• Ordinance contains specific regulations to regulate
location and operational requirements for
message establishments.
• 4/5’s approval by the Council is required for
passage.

City Council Public Hearing
March 4, 2024
226
Current Municipal Regulations
• Current regulations found in Title 5 Section 5.68
“Massage Establishments”.
• These regulations establish health & safety
guidelines for massage establishments.
• Zoning Ordinance identifies CUP requirements
in the following zones:
• In the Regional Retail zone, use is listed as
“Permitted”.

Neighborhood Commercial Commercial Mixed Use
Downtown Mixed Use Professional / Administrative Office Office Conversion
City Council Public Hearing
March 4, 2024
227
Ordinance Request
• Proposed restrictions do not represent a
moratorium or ban.
• Regulations help to ensure nuisance
activities occurring at massage
establishments are properly regulated.
• Staff will seek permanent regulations
processed through formal ordinance update.
• Puts these types businesses on notice that
permanent regulations are being considered.

City Council Public Hearing
March 4, 2024
228
Ordinance Request cont.
• Regulations identified in the emergency
ordinance include:
• CUP now required in the Regional Retail zone.
• 750-ft. separation requirement for establishments.
• Prohibiting exterior facing window coverings that front public street, highway, walkway, parking area, etc.
• Minimum lighting requirements.
• Living Quarters Prohibited.
• Inspection requirements.
• Front, reception, hallway or front exterior doors to remain unlocked during business hours.

City Council Public Hearing
March 4, 2024
229
230
Mooney Blvd. corridor
231
Downtown Core Area
232
233
Ordinance Request cont.
• Regulations per ordinance considered “additional
regulations” and do not supersede current
municipal code requirements.
• Ordinance is interim and void 45 days after its
adoption.
• Can be extended by a subsequent 4/5 approval by
the legislative body after a public hearing.
– Hearing published at least 10 days prior to the hearing along with posting in at least three public places.
• Staff anticipates bringing formal ordinance update
through public hearing process in the next 60 days.

City Council Public Hearing
March 4, 2024
234
Recommendation
I move to adopt Ordinance No. 2024-
03, an interim ordinance, as an
emergency measure to regulate the
location and operational requirements
for message establishments, citywide.

City Council Public Hearing
March 4, 2024
235
Questions?
City Council Public Hearing
March 4, 2024
236
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0507 Agenda Date: 3/4/2024 Agenda #: 1.

Agenda Item Wording:

Monday, March 18, 2024 at 707 W. Acequia @ 7:00 p.m.

Monday, April 1, 2024 at 707 W. Acequia @ 7:00 p.m.

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 at [email protected] <mailto:[email protected]>.

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